34 U.S.C. § 10142 — Duties and functions of Director

Page 44 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10134 2, 1971, 84 Stat. 1883; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 201; Pub. L. 93–415, title V, § 543, Sept. 7, 1974, 88 Stat. 1142; Pub. L. 94–503, title I, § 111, Oct. 15, 1976, 90 Stat. 2413; Pub. L. 96–181, § 15(b), Jan. 2, 1980, 93 Stat. 1316, set out requirements of State plans in order to qualify for grants for law enforcement and criminal justice purposes, prior to the general amendment of this chapter by Pub. L. 96–157. § 10134. Use of data Data collected by the Bureau shall be used only for statistical or research purposes, and shall be gathered in a manner that precludes their use for law enforcement or any purpose re- lating to a private person or public agency other than statistical or research purposes. (Pub. L. 90–351, title I, § 304, formerly § 305, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1179; renumbered § 304, Pub. L. 98–473, title II, § 605(d), Oct. 12, 1984, 98 Stat. 2080; amended Pub. L. 109–162, title XI, § 1115(b), Jan. 5, 2006, 119 Stat. 3104.) Editorial Notes CODIFICATION Section was formerly classified to section 3735 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 304 of Pub. L. 90–351, as added by Pub. L. 96–157, was classified to section 3734 of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 98–473, title II, § 605(c), Oct. 12, 1984, 98 Stat. 2080. AMENDMENTS 2006—Pub. L. 109–162 substituted ‘‘private person or public agency’’ for ‘‘particular individual’’. SUBCHAPTER IV—ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE Editorial Notes PRIOR PROVISIONS This subchapter is comprised of part D (§ 401 et seq.) of title I of Pub. L. 90–351. A prior part D related to block grants by Bureau of Justice Assistance, prior to repeal by Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4328. For similar provisions, see part A (§ 10151 et seq.) of subchapter V of this chapter. § 10141. Establishment of Bureau of Justice As- sistance (a) There is established within the Department of Justice, under the general authority of the Attorney General, a Bureau of Justice Assist- ance (hereafter in this subchapter referred to as the ‘‘Bureau’’). (b) The Bureau shall be headed by a Director (hereafter in this subchapter referred to as the ‘‘Director’’) who shall be appointed by the Presi- dent. The Director shall report to the Attorney General through the Assistant Attorney Gen- eral. The Director shall have final authority for all grants, cooperative agreements, and con- tracts awarded by the Bureau. The Director shall not engage in any employment other than that of serving as the Director, nor shall the Di- rector hold any office in, or act in any capacity for, any organization, agency, or institution with which the Bureau makes any contract or other arrangement under this chapter. (Pub. L. 90–351, title I, § 401, as added Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4328; amended Pub. L. 112–166, § 2(h)(2), Aug. 10, 2012, 126 Stat. 1285.) Editorial Notes CODIFICATION Section was formerly classified to section 3741 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 401 of Pub. L. 90–351, title I, as added Pub. L. 98–473, title II, § 606, Oct. 12, 1984, 98 Stat. 2080; amended Pub. L. 99–570, title I, § 1552(b)(1), Oct. 27, 1986, 100 Stat. 3207–46, related to establishment of Bureau of Justice Assistance, appointment of Director, and au- thority and restrictions with regard to Director, prior to repeal by Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4328. Another prior section 401 of Pub. L. 90–351, title I, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1179, de- scribed formula grant program, prior to the general amendment of part D of title I of Pub. L. 90–351 by Pub. L. 98–473. Another prior section 401 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 203; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 205, set out the Congressional statement of pur- poses in making provision for training, education, re- search, demonstration, and special grants, prior to the general amendment of title I of Pub. L. 90–351 by Pub. L. 96–157. AMENDMENTS 2012—Subsec. (b). Pub. L. 112–166 struck out ‘‘, by and with the advice and consent of the Senate’’ before pe- riod at end of first sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security. TRANSFER OF FUNCTIONS Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 108(b)], Nov. 29, 1999, 113 Stat. 1535, 1501A–20, provided that: ‘‘Notwithstanding any other provision of law, effective August 1, 2000, all functions of the Director of the Bu- reau of Justice Assistance, other than those enumer- ated in the Omnibus Crime Control and Safe Streets Act, as amended, 42 U.S.C. 3742(3) through (6) [now 34 U.S.C. 10142(3)–(6)], are transferred to the Assistant At- torney General for the Office of Justice Programs.’’ § 10142. Duties and functions of Director The Director shall have the following duties: (1) Providing funds to eligible States, units of local government, and nonprofit organiza- tions pursuant to subchapters V and XIII. (2) Establishing programs in accordance with part B of subchapter V and, following public announcement of such programs, awarding and allocating funds and technical assistance in accordance with the criteria of part B of subchapter V, and on terms and con- ditions determined by the Director to be con- sistent with part B of subchapter V. (3) Cooperating with and providing technical assistance to States, units of local govern- Page 45 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10151 1 See References in Text note below. ment, and other public and private organiza- tions or international agencies involved in criminal justice activities. (4) Providing for the development of tech- nical assistance and training programs for State and local criminal justice agencies and fostering local participation in such activities. (5) Encouraging the targeting of State and local resources on efforts to reduce the inci- dence of drug abuse and crime and on pro- grams relating to the apprehension and pros- ecution of drug offenders. (6) Establishing and carrying on a specific and continuing program of cooperation with the States and units of local government de- signed to encourage and promote consultation and coordination concerning decisions made by the Bureau affecting State and local drug control and criminal justice priorities. (7) Preparing recommendations on the State and local drug enforcement component of the National Drug Control Strategy which shall be submitted to the Associate Director of the Of- fice on National Drug Control Policy. In mak- ing such recommendations, the Director shall review the statewide strategies submitted by such States under subchapter V, and shall ob- tain input from State and local drug enforce- ment officials. The recommendations made under this paragraph shall be provided at such time and in such form as the Director of Na- tional Drug Control Policy shall require. (8) Exercising such other powers and func- tions as may be vested in the Director pursu- ant to this chapter or by delegation of the At- torney General or Assistant Attorney General. (Pub. L. 90–351, title I, § 402, as added Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4328; amended Pub. L. 101–647, title II, § 241(b)(1), Nov. 29, 1990, 104 Stat. 4813.) Editorial Notes CODIFICATION Section was formerly classified to section 3742 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification. PRIOR PROVISIONS A prior section 402 of Pub. L. 90–351, title I, as added Pub. L. 98–473, title II, § 606, Oct. 12, 1984, 98 Stat. 2080, related to duties and functions of Director, prior to re- peal by Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4328. Another prior section 402 of Pub. L. 90–351, title I, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1181, re- lated to eligibility provisions for formula grants, prior to the general amendment of part D of title I of Pub. L. 90–351 by Pub. L. 98–473. Another prior section 402 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 203; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 205; Pub. L. 94–503, title I, § 117, Oct. 15, 1976, 90 Stat. 2416, provided for creation of a National Institute of Law Enforcement and Criminal Justice, prior to the general amendment of title I of Pub. L. 90–351 by Pub. L. 96–157. AMENDMENTS 1990—Par. (1). Pub. L. 101–647 substituted ‘‘sub- chapters V and XII–B’’ for ‘‘subchapter V’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bu- reau of Justice Assistance, other than those enumer- ated in pars. (3) to (6) of this section, transferred to As- sistant Attorney General for Office of Justice Pro- grams, see section 1000(a)(1) [title I, § 108(b)] of Pub. L. 106–113, set out as a note under section 10141 of this title. SUBCHAPTER V—BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Editorial Notes PRIOR PROVISIONS This subchapter is comprised of part E (§ 500 et seq.) of title I of Pub. L. 90–351. A prior part E (formerly part F) related to discretionary grants, prior to repeal by Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4328. Another prior part E (§ 501 et seq.) of title I of Pub. L. 90–351 related to national priority grants, prior to re- peal by Pub. L. 98–473, title II, § 607, Oct. 12, 1984, 98 Stat. 2086. PART A—EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM Editorial Notes PRIOR PROVISIONS This part is comprised of subpart 1 (§ 501 et seq.) of part E of title I of Pub. L. 90–351. A prior subpart 1 (§ 501 et seq.) related to the drug control and system im- provement grant program, prior to repeal by Pub. L. 109–162, title XI, § 1111(a)(1), (d), Jan. 5, 2006, 119 Stat. 3094, 3102, applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year there- after. § 10151. Name of program (a) In general The grant program established under this part shall be known as the ‘‘Edward Byrne Memorial Justice Assistance Grant Program’’. (b) References to former programs (1) Any reference in a law, regulation, docu- ment, paper, or other record of the United States to the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, or to the Local Government Law Enforcement Block Grants program, shall be deemed to be a reference to the grant program referred to in subsection (a). (2) Any reference in a law, regulation, docu- ment, paper, or other record of the United States to section 506 of this Act as such section was in effect on the date of the enactment of the Department of Justice Appropriations Author- ization Act, Fiscal Years 2006 through 2009,1 shall be deemed to be a reference to section 505(a) of this Act as amended by the Department of Justice Appropriations Authorization Act, Fiscal Years 2006 through 2009.1 (Pub. L. 90–351, title I, § 500, as added Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4329; amended Pub. L. 109–162, title XI, § 1111(a)(2)(B), Jan. 5, 2006, 119 Stat. 3094.)