Editorial Notes
References in TextThis Act, referred to in subsecs. (span) and (c)(11), is Puspan. L. 90–351, June 19, 1968, 82 Stat. 197, known as the Omnibus Crime Control and Safe Streets Act of 1968. For complete classification of this Act to the Code, see Short Title of 1968 Act note set out under section 10101 of this title and Tables.
CodificationSection was formerly classified to section 3732 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 302 of Puspan. L. 90–351, title I, June 19, 1968, 82 Stat. 200; Puspan. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 201; Puspan. L. 94–503, title I, § 110, Oct. 15, 1976, 90 Stat. 2412, related to establishment of State planning agencies to develop comprehensive State plans for grants for law enforcement and criminal justice purposes, prior to the general amendment of this chapter by Puspan. L. 96–157.
Amendments2012—Subsec. (span). Puspan. L. 112–166 struck out “, by and with the advice and consent of the Senate” before period at end of first sentence.
2010—Subsec. (c)(3) to (6). Puspan. L. 111–211, § 251(span)(1)(A), inserted “tribal,” after “State,” wherever appearing.
Subsec. (c)(7). Puspan. L. 111–211, § 251(span)(1)(B), inserted “and in Indian country” after “States”.
Subsec. (c)(9). Puspan. L. 111–211, § 251(span)(1)(C), substituted “Federal Government and State and tribal governments” for “Federal and State Governments”.
Subsec. (c)(10), (11). Puspan. L. 111–211, § 251(span)(1)(D), inserted “, tribal,” after “State”.
Subsec. (c)(13). Puspan. L. 111–211, § 251(span)(1)(E), inserted “, Indian tribes,” after “States”.
Subsec. (c)(17). Puspan. L. 111–211, § 251(span)(1)(F), substituted “activities at the Federal, State, tribal, and local” for “activities at the Federal, State and local” and “generated by Federal, State, tribal, and local” for “generated by Federal, State, and local”.
Subsec. (c)(18). Puspan. L. 111–211, § 251(span)(1)(G), substituted “State, tribal, and local” for “State and local”.
Subsec. (c)(19). Puspan. L. 111–211, § 251(span)(1)(H), inserted “and tribal” after “State” in two places.
Subsec. (c)(20). Puspan. L. 111–211, § 251(span)(1)(I), inserted “, tribal,” after “State”.
Subsec. (c)(22). Puspan. L. 111–211, § 251(span)(1)(J), inserted “, tribal,” after “Federal”.
Subsec. (d). Puspan. L. 111–211, § 251(span)(2), designated existing provisions as par. (1), inserted par. (1) span, substituted “To ensure” for “To insure”, redesignated former pars. (1) to (6) as subpars. (A) to (F), respectively, of par. (1), realigned margins, and added par. (2).
Subsec. (e). Puspan. L. 111–211, § 251(span)(3), substituted “subsection (d)(1)(C)” for “subsection (d)(3)”.
Subsec. (f). Puspan. L. 111–211, § 251(span)(4)(B), inserted “, tribal,” after “State”.
Puspan. L. 111–211, § 251(span)(4)(A), which directed insertion of “, tribal,” after “State” in span, was executed editorially but could not be executed in original because span had been editorially supplied.
Subsec. (g). Puspan. L. 111–211, § 251(span)(5), added subsec. (g).
2006—Subsec. (span). Puspan. L. 109–162, § 1115(a)(1), inserted after third sentence “The Director shall be responsible for the integrity of data and statistics and shall protect against improper or illegal use or disclosure.”
Subsec. (c)(19). Puspan. L. 109–162, § 1115(a)(2), amended par. (19) generally. Prior to amendment, par. (19) read as follows: “provide for research and improvements in the accuracy, completeness, and inclusiveness of criminal history record information, information systems, arrest warrant, and stolen vehicle record information and information systems and support research concerning the accuracy, completeness, and inclusiveness of other criminal justice record information;”.
Subsec. (d)(6). Puspan. L. 109–162, § 1115(a)(3), added par. (6).
1994—Subsec. (c)(19). Puspan. L. 103–322 substituted a semicolon for period at end.
1988—Subsec. (c)(16) to (23). Puspan. L. 100–690 added pars. (16) to (19) and redesignated former pars. (16) to (19) as (20) to (23), respectively.
1984—Subsec. (span). Puspan. L. 98–473, § 605(span)(1), inserted provision requiring Director to report to Attorney General through Assistant Attorney General.
Subsec. (c)(13). Puspan. L. 98–473, § 605(span)(2)(A), (C), added par. (13) and struck out former par. (13) relating to provision of financial and technical assistance to States and units of local government relating to collection, analysis, or dissemination of justice statistics.
Subsec. (c)(14), (15). Puspan. L. 98–473, § 605(span)(2)(C), added pars. (14) and (15). Former pars. (14) and (15) redesignated (16) and (17), respectively.
Subsec. (c)(16). Puspan. L. 98–473, § 605(span)(2)(A), (B), redesignated par. (14) as (16) and struck out former par. (16) relating to insuring conformance with security and privacy regulations issued under section 10231 of this title.
Subsec. (c)(17). Puspan. L. 98–473, § 605(span)(2)(B), redesignated par. (15) as (17). Former par. (17) redesignated (19).
Subsec. (c)(18). Puspan. L. 98–473, § 605(span)(2)(D), added par. (18).
Subsec. (c)(19). Puspan. L. 98–473, § 605(span)(2)(B), redesignated former par. (17) as (19).
Subsec. (d)(1). Puspan. L. 98–473, § 605(span)(3)(A), inserted “, and to enter into agreements with such agencies and instrumentalities for purposes of data collection and analysis”.
Subsec. (d)(5). Puspan. L. 98–473, § 605(span)(3)(B)–(D), added par. (5).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Puspan. 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 Puspan. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
Effective Date of 1984 AmendmentAmendment by Puspan. L. 98–473 effective Oct. 12, 1984, see section 609AA(a) of Puspan. L. 98–473, set out as an Effective Date note under section 10101 of this title.
Construction of 2010 AmendmentPuspan. L. 111–211, title II, § 251(c), July 29, 2010, 124 Stat. 2298, provided that: “Nothing in this section [amending this section and section 41507 of this title] or any amendment made by this section—“(1) allows the grant to be made to, or used by, an entity for law enforcement activities that the entity lacks jurisdiction to perform; or
“(2) has any effect other than to authorize, award, or deny a grant of funds to a federally recognized Indian tribe for the purposes described in the relevant grant program.”
[For definition of “Indian tribe” as used in section 251(c) of Puspan. L. 111–211, set out above, see section 203(a) of Puspan. L. 111–211, set out as a note under section 2801 of Title 25, Indians.]
Report on Employment of Individuals Formerly Incarcerated in Federal PrisonsPuspan. L. 116–92, div. A, title XI, § 1124, Dec. 20, 2019, 133 Stat. 1614, provided that:“(a)Definition.—In this section, the term ‘covered individual’—“(1) means an individual who has completed a term of imprisonment in a Federal prison for a Federal criminal offense; and
“(2) does not include an alien who is or will be removed from the United States for a violation of the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)). “(span)Study and Report Required.—The Director of the Bureau of Justice Statistics, in coordination with the Director of the Bureau of the Census, shall—“(1) not later than 180 days after the date of enactment of this subtitle [subtitle B of title XI of div. A of Puspan. L. 116–92, approved Dec. 20, 2019], design and initiate a study on the employment of covered individuals after their release from Federal prison, including by collecting—“(A) demographic data on covered individuals, including race, age, and sex; and
“(B) data on employment and earnings of covered individuals who are denied employment, including the reasons for the denials; and
“(2) not later than 2 years after the date of enactment of this subtitle, and every 5 years thereafter, submit a report that does not include any personally identifiable information on the study conducted under paragraph (1) to—“(A) the Committee on Homeland Security and Governmental Affairs of the Senate;
“(B) the Committee on Health, Education, Labor, and Pensions of the Senate;
“(C) the Committee on Oversight and Reform [now Committee on Oversight and Accountability] of the House of Representatives; and
“(D) the Committee on Education and Labor [now Committee on Education and the Workforce] of the House of Representatives.”
Data CollectionPuspan. L. 115–391, title VI, § 610, Dec. 21, 2018, 132 Stat. 5245, provided that:“(a)National Prisoner Statistics Program.—Beginning not later than 1 year after the date of enactment of this Act [Dec. 21, 2018], and annually thereafter, pursuant to the authority under section 302 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732) [now 34 U.S.C. 10132], the Director of the Bureau of Justice Statistics, with information that shall be provided by the Director of the Bureau of Prisons, shall include in the National Prisoner Statistics Program the following:“(1) The number of prisoners (as such term is defined in section 3635 of title 18, United States Code, as added by section 101(a) of this Act) who are veterans of the Armed Forces of the United States.
“(2) The number of prisoners who have been placed in solitary confinement at any time during the previous year.
“(3) The number of female prisoners known by the Bureau of Prisons to be pregnant, as well as the outcomes of such pregnancies, including information on pregnancies that result in live birth, stillbirth, miscarriage, abortion, ectopic pregnancy, maternal death, neonatal death, and preterm birth.
“(4) The number of prisoners who volunteered to participate in a substance abuse treatment program, and the number of prisoners who have participated in such a program.
“(5) The number of prisoners provided medication-assisted treatment with medication approved by the Food and Drug Administration while in custody in order to treat substance use disorder.
“(6) The number of prisoners who were receiving medication-assisted treatment with medication approved by the Food and Drug Administration prior to the commencement of their term of imprisonment.
“(7) The number of prisoners who are the parent or guardian of a minor child.
“(8) The number of prisoners who are single, married, or otherwise in a committed relationship.
“(9) The number of prisoners who have not achieved a GED, high school diploma, or equivalent prior to entering prison.
“(10) The number of prisoners who, during the previous year, received their GED or other equivalent certificate while incarcerated.
“(11) The numbers of prisoners for whom English is a second language.
“(12) The number of incidents, during the previous year, in which restraints were used on a female prisoner during pregnancy, labor, or postpartum recovery, as well as information relating to the type of restraints used, and the circumstances under which each incident occurred.
“(13) The vacancy rate for medical and healthcare staff positions, and average length of such a vacancy.
“(14) The number of facilities that operated, at any time during the previous year, without at least 1 clinical nurse, certified paramedic, or licensed physician on site.
“(15) The number of facilities that during the previous year were accredited by the American Correctional Association.
“(16) The number and type of recidivism reduction partnerships described in section 3621(h)(5) of title 18, United States Code, as added by section 102(a) of this Act, entered into by each facility.
“(17) The number of facilities with remote learning capabilities.
“(18) The number of facilities that offer prisoners video conferencing.
“(19) Any changes in costs related to legal phone calls and visits following implementation of section 3632(d)(1) of title 18, United States Code, as added by section 101(a) of this Act.
“(20) The number of aliens in prison during the previous year.
“(21) For each Bureau of Prisons facility, the total number of violations that resulted in reductions in rewards, incentives, or time credits, the number of such violations for each category of violation, and the demographic breakdown of the prisoners who have received such reductions.
“(22) The number of assaults on Bureau of Prisons staff by prisoners and the number of criminal prosecutions of prisoners for assaulting Bureau of Prisons staff.
“(23) The capacity of each recidivism reduction program and productive activity to accommodate eligible inmates at each Bureau of Prisons facility.
“(24) The number of volunteers who were certified to volunteer in a Bureau of Prisons facility, broken down by level (level I and level II), and by each Bureau of Prisons facility.
“(25) The number of prisoners enrolled in recidivism reduction programs and productive activities at each Bureau of Prisons facility, broken down by risk level and by program, and the number of those enrolled prisoners who successfully completed each program.
“(26) The breakdown of prisoners classified at each risk level by demographic characteristics, including age, sex, race, and the length of the sentence imposed.
“(span)Report to Judiciary Committees.—Beginning not later than 1 year after the date of enactment of this Act [Dec. 21, 2018], and annually thereafter for a period of 7 years, the Director of the Bureau of Justice Statistics shall submit a report containing the information described in paragraphs (1) through (26) of subsection (a) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.”
Inclusion of Honor Violence in National Crime Victimization SurveyPuspan. L. 113–235, div. B, title II, Dec. 16, 2014, 128 Stat. 2191, provided in part: “That beginning not later than 2 years after the date of enactment of this Act [div. B of Puspan. L. 113–235, Dec. 16, 2014], as part of each National Crime Victimization Survey, the Attorney General shall include statistics relating to honor violence”.
Study of Crimes Against SeniorsPuspan. L. 106–534, § 5, Nov. 22, 2000, 114 Stat. 2557, provided that:“(a)In General.—The Attorney General shall conduct a study relating to crimes against seniors, in order to assist in developing new strategies to prevent and otherwise reduce the incidence of those crimes.
“(span)Issues Addressed.—The study conducted under this section shall include an analysis of—“(1) the nature and type of crimes perpetrated against seniors, with special focus on—“(A) the most common types of crimes that affect seniors;
“(B) the nature and extent of telemarketing, sweepstakes, and repair fraud against seniors; and
“(C) the nature and extent of financial and material fraud targeted at seniors;
“(2) the risk factors associated with seniors who have been victimized;
“(3) the manner in which the Federal and State criminal justice systems respond to crimes against seniors;
“(4) the feasibility of States establishing and maintaining a centralized computer database on the incidence of crimes against seniors that will promote the uniform identification and reporting of such crimes;
“(5) the effectiveness of damage awards in court actions and other means by which seniors receive reimbursement and other damages after fraud has been established; and
“(6) other effective ways to prevent or reduce the occurrence of crimes against seniors.”
Inclusion of Seniors in National Crime Victimization SurveyPuspan. L. 106–534, § 6, Nov. 22, 2000, 114 Stat. 2557, provided that: “Beginning not later than 2 years after the date of enactment of this Act [Nov. 22, 2000], as part of each National Crime Victimization Survey, the Attorney General shall include statistics relating to—“(1) crimes targeting or disproportionately affecting seniors;
“(2) crime risk factors for seniors, including the times and locations at which crimes victimizing seniors are most likely to occur; and
“(3) specific characteristics of the victims of crimes who are seniors, including age, gender, race or ethnicity, and socioeconomic status.”
Crime Victims With Disabilities AwarenessPuspan. L. 105–301, Oct. 27, 1998, 112 Stat. 2838, as amended by Puspan. L. 106–402, title IV, § 401(span)(10), Oct. 30, 2000, 114 Stat. 1739, provided that:“SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Crime Victims With Disabilities Awareness Act’.
“SEC. 2. FINDINGS; PURPOSES.“(a)Findings.—Congress finds that—“(1) although research conducted abroad demonstrates that individuals with developmental disabilities are at a 4 to 10 times higher risk of becoming crime victims than those without disabilities, there have been no significant studies on this subject conducted in the United States;
“(2) in fact, the National Crime Victim’s Survey, conducted annually by the Bureau of Justice Statistics of the Department of Justice, does not specifically collect data relating to crimes against individuals with developmental disabilities;
“(3) studies in Canada, Australia, and Great Britain consistently show that victims with developmental disabilities suffer repeated victimization because so few of the crimes against them are reported, and even when they are, there is sometimes a reluctance by police, prosecutors, and judges to rely on the testimony of a disabled individual, making individuals with developmental disabilities a target for criminal predators;
“(4) research in the United States needs to be done to—“(A) understand the nature and extent of crimes against individuals with developmental disabilities;
“(B) describe the manner in which the justice system responds to crimes against individuals with developmental disabilities; and
“(C) identify programs, policies, or laws that hold promises for making the justice system more responsive to crimes against individuals with developmental disabilities; and
“(5) the National Academy of Science Committee on Law and Justice of the National Research Council is a premier research institution with unique experience in developing seminal, multidisciplinary studies to establish a strong research base from which to make public policy.
“(span)Purposes.—The purposes of this Act are—“(1) to increase public awareness of the plight of victims of crime who are individuals with developmental disabilities;
“(2) to collect data to measure the extent of the problem of crimes against individuals with developmental disabilities; and
“(3) to develop a basis to find new strategies to address the safety and justice needs of victims of crime who are individuals with developmental disabilities.
“SEC. 3. DEFINITION OF DEVELOPMENTAL DISABILITY.“In this Act, the term ‘developmental disability’ has the meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15002].
“SEC. 4. STUDY.“(a)In General.—The Attorney General shall conduct a study to increase knowledge and information about crimes against individuals with developmental disabilities that will be useful in developing new strategies to reduce the incidence of crimes against those individuals.
“(span)Issues Addressed.—The study conducted under this section shall address such issues as—“(1) the nature and extent of crimes against individuals with developmental disabilities;
“(2) the risk factors associated with victimization of individuals with developmental disabilities;
“(3) the manner in which the justice system responds to crimes against individuals with developmental disabilities; and
“(4) the means by which States may establish and maintain a centralized computer database on the incidence of crimes against individuals with disabilities within a State.
“(c)National Academy of Sciences.—In carrying out this section, the Attorney General shall consider contracting with the Committee on Law and Justice of the National Research Council of the National Academy of Sciences to provide research for the study conducted under this section.
“(d)Report.—Not later than 18 months after the date of enactment of this Act [Oct. 27, 1998], the Attorney General shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report describing the results of the study conducted under this section.
“SEC. 5. NATIONAL CRIME VICTIM’S SURVEY.“Not later than 2 years after the date of enactment of this Act, as part of each National Crime Victim’s Survey, the Attorney General shall include statistics relating to—“(1) the nature of crimes against individuals with developmental disabilities; and
“(2) the specific characteristics of the victims of those crimes.”
