Authorizing Legislation

Page 4523

TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘(5) The adequacy of equipment, physical resources,
and human resources.
‘‘(6) The cooperation among Federal, State, and
local law enforcement agencies.
‘‘(7) The responsibility of governments and law enforcement agencies in solving the crime problem.
‘‘(8) The impact of the criminal justice system, including court schedules and prison overcrowding, on
law enforcement.
‘‘(e) The Commission shall conduct surveys and consult with focus groups of law enforcement officers,
local officials, and community leaders across the Nation to obtain information and seek advice on important law enforcement issues.
‘‘(f) NUMBER AND APPOINTMENT.—
‘‘(1) IN GENERAL.—The Commission shall be composed of 29 members as follows:
‘‘(A) Nine individuals appointed from national
law enforcement organizations representing law enforcement officers, of whom—
‘‘(i) two shall be appointed by the Speaker of
the House of Representatives;
‘‘(ii) two shall be appointed by the majority
leader of the Senate;
‘‘(iii) two shall be appointed by the minority
leader of the House of Representatives;
‘‘(iv) two shall be appointed by the minority
leader of the Senate; and
‘‘(v) one shall be appointed by the President.
‘‘(B) Nine individuals appointed from national
law enforcement organizations representing law enforcement management, of whom—
‘‘(i) two shall be appointed by the Speaker of
the House of Representatives;
‘‘(ii) two shall be appointed by the majority
leader of the Senate;
‘‘(iii) two shall be appointed by the minority
leader of the House of Representatives;
‘‘(iv) two shall be appointed by the minority
leader of the Senate; and
‘‘(v) one shall be appointed by the President.
‘‘(C) Two individuals appointed with academic expertise regarding law enforcement issues, of
whom—
‘‘(i) one shall be appointed by the Speaker of
the House of Representatives and the majority
leader of the Senate; and
‘‘(ii) one shall be appointed by the minority
leader of the Senate and the minority leader of
the House of Representatives.
‘‘(D) Two Members of the House of Representatives, appointed by the Speaker and the minority
leader of the House of Representatives.
‘‘(E) Two Members of the Senate, appointed by
the majority leader and the minority leader of the
Senate.
‘‘(F) One individual from the Department of Justice, appointed by the President.
‘‘(G) Two individuals representing a State or local
governmental entity, such as a Governor, mayor, or
State attorney general, to be appointed jointly by
the majority leader and the minority leader of the
Senate.
‘‘(H) Two individuals representing a State or local
governmental entity, such as a Governor, mayor, or
State attorney general, to be appointed jointly by
the Speaker and the minority leader of the House of
Representatives.
‘‘(2) COMPTROLLER GENERAL.—The Comptroller General may serve in an advisory capacity, may oversee
the methodology, and may approve of the Commission study.
‘‘(3) CHAIRPERSON.—Upon their appointment the
members of the Commission shall select one of their
number to act as chairperson.
‘‘(4) APPOINTMENT DATE.—Members of the Commission shall be appointed no later than 90 days after the
enactment of this Act [probably means enactment of
Pub. L. 103–322, which was approved Sept. 13, 1994].
‘‘(g)(1) Members of the Commission shall receive no
additional pay, allowance, or benefit by reason of service on the Commission.

§ 3722

‘‘(2) Each member of the Commission shall receive
travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
‘‘(h) The Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code.
‘‘(i) Upon request of the Commission, the head of any
Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of that agency to the
Commission to assist the Commission in carrying out
its duties under this section.
‘‘(j) The Administrator of General Services shall provide to the Commission, on a reimbursable basis, administrative support services as the Commission may
request.
‘‘(k) The Commission may, for purposes of this section, hold hearings, sit and act at the times and places,
take testimony, and receive evidence, as the Commission considers appropriate.
‘‘(l) Any member or agent of the Commission may, if
authorized by the Commission, take any action the
Commission is authorized to take by this section.
‘‘(m) The Commission may secure directly from any
Federal agency information necessary to enable it to
carry out this section. Upon request of the chairperson
of the Commission, the head of an agency shall furnish
the information to the Commission to the extent permitted by law.
‘‘(n) The Commission may accept, use, and dispose of
gifts or donations of services or property.
‘‘(o) The Commission may use the United States
mails in the same manner and under the same conditions as other Federal agencies.
‘‘(p) Not later than March 31, 1996, the Commission
shall submit to the Congress a report containing the
findings of the Commission and specific proposals for
legislation and administrative actions that the Commission has determined to be appropriate.
‘‘(q) The Commission shall cease to exist upon the expiration of the sixty-day period beginning on the date
on which the Commission submits its report under subsection (p).’’

§ 3722. National Institute of Justice
(a) Establishment; general authority of Attorney
General over Institute
There is established within the Department of
Justice, under the general authority of the Attorney General, a National Institute of Justice
(hereinafter referred to in this subchapter as the
‘‘Institute’’).
(b) Director of Institute; appointment by President; authority; restrictions
The Institute shall be headed by a Director appointed by the President, by and with the advice
and consent of the Senate. The Director shall
have had experience in justice research. The Director shall report to the Attorney General
through the Assistant Attorney General. The
Director shall have final authority over all
grants, cooperative agreements, and contracts
awarded by the Institute. The Director shall not
engage in any other employment than that of
serving as Director; nor shall the Director hold
any office in, or act in any capacity for, any organization, agency, or institution with which
the Institute makes any contract or other arrangement under this chapter.
(c) Duties and functions
The Institute is authorized to—
(1) make grants to, or enter into cooperative
agreements or contracts with, public agencies,
institutions of higher education, private orga-

§ 3722

TITLE 42—THE PUBLIC HEALTH AND WELFARE

nizations, or individuals to conduct research,
demonstrations, or special projects pertaining
to the purposes described in this subchapter,
and provide technical assistance and training
in support of tests, demonstrations, and special projects;
(2) conduct or authorize multiyear and
short-term research and development concerning the criminal and civil justice systems in
an effort—
(A) to identify alternative programs for
achieving system goals;
(B) to provide more accurate information
on the causes and correlates of crime;
(C) to analyze the correlates of crime and
juvenile delinquency and provide more accurate information on the causes and correlates of crime and juvenile delinquency;
(D) to improve the functioning of the
criminal justice system;
(E) to develop new methods for the prevention and reduction of crime, including the
development of programs to facilitate cooperation among the States and units of
local government, the detection and apprehension of criminals, the expeditious, efficient, and fair disposition of criminal and juvenile delinquency cases, the improvement
of police and minority relations, the conduct
of research into the problems of victims and
witnesses of crime, the feasibility and consequences of allowing victims to participate in
criminal justice decisionmaking, the feasibility and desirability of adopting procedures and programs which increase the victim’s participation in the criminal justice
process, the reduction in the need to seek
court resolution of civil disputes, and the development of adequate corrections facilities
and effective programs of correction; and
(F) to develop programs and projects to
improve and expand the capacity of States
and units of local government and combinations of such units, to detect, investigate,
prosecute, and otherwise combat and prevent white-collar crime and public corruption, to improve and expand cooperation
among the Federal Government, States, and
units of local government in order to enhance the overall criminal justice system response to white-collar crime and public corruption, and to foster the creation and implementation of a comprehensive national
strategy to prevent and combat white-collar
crime and public corruption.
In carrying out the provisions of this subsection, the Institute may request the assistance of both public and private research agencies;
(3) evaluate the effectiveness, including cost
effectiveness where practical, of projects or
programs carried out under this chapter;
(4) make recommendations for action which
can be taken by Federal, State, and local governments and by private persons and organizations to improve and strengthen criminal and
civil justice systems;
(5) provide research fellowships and clinical
internships and carry out programs of training
and special workshops for the presentation
and dissemination of information resulting

Page 4524

from research, demonstrations, and special
projects including those authorized by this
subchapter;
(6) collect and disseminate information obtained by the Institute or other Federal agencies, public agencies, institutions of higher
education, and private organizations relating
to the purposes of this subchapter;
(7) serve as a national and international
clearinghouse for the exchange of information
with respect to the purposes of this subchapter;
(8) after consultation with appropriate agencies and officials of States and units of local
government, make recommendations for the
designation of programs or projects which will
be effective in improving the functioning of
the criminal justice system, for funding as discretionary grants under subchapter V of this
chapter;
(9) encourage, assist, and serve in a consulting capacity to Federal, State, and local justice system agencies in the development,
maintenance, and coordination of criminal
and civil justice programs and services; and
(10) research and development of tools and
technologies relating to prevention, detection,
investigation, and prosecution of crime; and
(11) support research, development, testing,
training, and evaluation of tools and technology for Federal, State, and local law enforcement agencies.
(d) Criminal and civil justice research
To insure that all criminal and civil justice research is carried out in a coordinated manner,
the Director is authorized to—
(1) utilize, with their consent, the services,
equipment, personnel, information, and facilities of other Federal, State, local, and private
agencies and instrumentalities with or without reimbursement therefor;
(2) confer with and avail itself of the cooperation, services, records, and facilities of
State or of municipal or other local agencies;
(3) request such information, data, and reports from any Federal agency as may be required to carry out the purposes of this section, and the agencies shall provide such information to the Institute as required to carry
out the purposes of this subchapter;
(4) seek the cooperation of the judicial
branches of Federal and State Government in
coordinating civil and criminal justice research and development; and
(5) exercise the powers and functions set out
in subchapter VIII of this chapter.
(Pub. L. 90–351, title I, § 202, as added Pub. L.
96–157, § 2, Dec. 27, 1979, 93 Stat. 1172; amended
Pub. L. 98–473, title II, § 604(b), Oct. 12, 1984, 98
Stat. 2078; Pub. L. 103–322, title XXXIII,
§ 330001(h)(1), Sept. 13, 1994, 108 Stat. 2139; Pub. L.
107–296, title II, § 237, Nov. 25, 2002, 116 Stat. 2162.)
PRIOR PROVISIONS
A prior section 3722, Pub. L. 90–351, title I, § 202, June
19, 1968, 82 Stat. 198; Pub. L. 93–83, § 2, Aug. 6, 1973, 87
Stat. 198, provided for making of grants to State planning agencies, prior to the general amendment of this
chapter by Pub. L. 96–157.

Page 4525

TITLE 42—THE PUBLIC HEALTH AND WELFARE
AMENDMENTS

2002—Subsec. (c)(3). Pub. L. 107–296, § 237(1), inserted
‘‘, including cost effectiveness where practical,’’ after
‘‘evaluate the effectiveness’’.
Subsec. (c)(10), (11). Pub. L. 107–296, § 237(2), added
pars. (10) and (11).
1994—Subsec. (c)(2)(E). Pub. L. 103–322 substituted
‘‘crime,’’ for ‘‘crime,,’’.
1984—Subsec. (b). Pub. L. 98–473, § 604(b)(1), required
Director to report to Attorney General through Assistant Attorney General.
Subsec. (c)(2)(A). Pub. L. 98–473, § 604(b)(2)(A)(i),
struck out ‘‘, including programs authorized by section
3713 of this title’’ after ‘‘system goals’’.
Subsec. (c)(2)(E). Pub. L. 98–473, § 604(b)(2)(A)(ii),
struck out ‘‘the prevention and reduction of parental
kidnaping’’ after ‘‘reduction of crime,’’.
Subsec. (c)(3). Pub. L. 98–473, § 604(b)(2)(B), substituted
‘‘chapter’’ for ‘‘subchapter’’.
Subsec. (c)(4) to (7). Pub. L. 98–473, § 604(b)(2)(C), (F),
redesignated pars. (5) to (8) as (4) to (7), respectively,
and struck out former par. (4) relating to evaluation of
programs and projects under other subchapters of this
chapter to determine their impact upon criminal and
civil justice systems and achievement of purposes and
policies of this chapter and for dissemination of information.
Subsec. (c)(8). Pub. L. 98–473, § 604(b)(2)(D)(i), (ii), (F),
redesignated par. (10) as (8) and, in par. (8) as so designated, struck out ‘‘nationality priority grants under
subchapter V of this chapter and’’ after ‘‘for funding
as’’ and substituted ‘‘subchapter V of this chapter’’ for
‘‘subchapter VI of this chapter’’. Former par. (8) redesignated (7).
Subsec. (c)(9). Pub. L. 98–473, § 604(b)(2)(E), (F), redesignated par. (11) as (9), and struck out former par. (9)
relating to a biennial report to President and Congress
on state of justice research.
Subsec. (c)(10), (11). Pub. L. 98–473, § 604(b)(2)(F), redesignated pars. (10) and (11) as (8) and (9), respectively.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Domestic Security.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–473 effective Oct. 12, 1984,
see section 609AA(a) of Pub. L. 98–473, set out as an Effective Date note under section 3711 of this title.
REPORT ON DRUG-TESTING TECHNOLOGIES
Pub. L. 107–273, div. B, title II, § 2201, Nov. 2, 2002, 116
Stat. 1793, provided that:
‘‘(a) REQUIREMENT.—The National Institute of Justice
shall conduct a study of drug-testing technologies in
order to identify and assess the efficacy, accuracy, and
usefulness for purposes of the National effort to detect
the use of illicit drugs of any drug-testing technologies
(including the testing of hair) that may be used as alternatives or complements to urinalysis as a means of
detecting the use of such drugs.
‘‘(b) REPORT.—Not later than 2 years after the date of
enactment of this Act [Nov. 2, 2002], the Institute shall
submit to Congress a report on the results of the study
conducted under subsection (a).’’
ANTI-STALKING LEGISLATION EVALUATION, MODEL
DEVELOPMENT, DISSEMINATION AND REPORT
Pub. L. 102–395, title I, § 109(b), Oct. 6, 1992, 106 Stat.
1842, directed Attorney General, acting through Director of National Institute of Justice, to evaluate existing and proposed anti-stalking legislation in the
States, develop model anti-stalking legislation that is
constitutional and enforceable, prepare and disseminate to State authorities the findings made as a result
of such evaluation, and report to Congress the findings

§ 3731

and the need or appropriateness of further action by
the Federal Government by Sept. 30, 1993.

§ 3723. Authority for 100 per centum grants
A grant authorized under this subchapter may
be up to 100 per centum of the total cost of each
project for which such grant is made. The Institute shall require, whenever feasible, as a condition of approval of a grant under this subchapter, that the recipient contribute money,
facilities, or services to carry out the purposes
for which the grant is sought.
(Pub. L. 90–351, title I, § 203, as added Pub. L.
96–157, § 2, Dec. 27, 1979, 93 Stat. 1174.)
PRIOR PROVISIONS
A prior section 3723, Pub. L. 90–351, title I, § 203, June
19, 1968, 82 Stat. 199; Pub. L. 91–644, title I, § 3(a)–(c),
Jan. 2, 1971, 84 Stat. 1881; Pub. L. 93–83, § 2, Aug. 6, 1973,
87 Stat. 198; Pub. L. 93–415, title V, § 542, Sept. 7, 1974,
88 Stat. 1142; Pub. L. 94–503, title I, § 105, Oct. 15, 1976,
90 Stat. 2408; Pub. L. 95–115, § 9(b), Oct. 3, 1977, 91 Stat.
1061, provided for establishment of State planning agencies, prior to the general amendment of this chapter by
Pub. L. 96–157.

§ 3724. Repealed. Pub. L. 98–473, title II, § 604(c),
Oct. 12, 1984, 98 Stat. 2079
Section, Pub. L. 90–351, title I, § 204, as added Pub. L.
96–157, § 2, Dec. 27, 1979, 93 Stat. 1174, provided for a National Institute of Justice Advisory Board, including
the establishment and composition of the Board, rules
respecting organization and procedure, term of office,
duties of the Board, and delegation of powers and duties to the Director.
Prior sections 3724 to 3726 were omitted in the general
revision of this chapter by Pub. L. 96–157.
Section 3724, Pub. L. 90–351, title I, § 204, June 19, 1968,
82 Stat. 199; Pub. L. 91–644, title I, § 3(d), Jan. 2, 1971, 84
Stat. 1881; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 199;
Pub. L. 94–503, title I, § 106, Oct. 15, 1976, 90 Stat. 2410,
related to maximum percentage of Federal grant funds
in expenses incurred by States.
Section 3725, Pub. L. 90–351, title I, § 205, June 19, 1968,
82 Stat. 199; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 199;
Pub. L. 94–503, title I, § 107, Oct. 15, 1976, 90 Stat. 2410,
related to allocation of funds and reallocation of unused funds.
Section 3726, Pub. L. 90–351, title I, § 206, as added
Pub. L. 94–503, title I, § 108, Oct. 15, 1976, 90 Stat. 2411,
related to advisory review of comprehensive statewide
plans by States.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 12, 1984, see section 609AA(a) of
Pub. L. 98–473, set out as an Effective Date note under
section 3711 of this title.

SUBCHAPTER III—BUREAU OF JUSTICE
STATISTICS
§ 3731. Statement of purpose
It is the purpose of this subchapter to provide
for and encourage the collection and analysis of
statistical information concerning crime, juvenile delinquency, and the operation of the criminal justice system and related aspects of the
civil justice system and to support the development of information and statistical systems at
the Federal, State, and local levels to improve
the efforts of these levels of government to
measure and understand the levels of crime, juvenile delinquency, and the operation of the
criminal justice system and related aspects of