USC Subchapter I

USC Subchapter I
in effect

34 U.S.C. § 10101 Establishment of Office of Justice Programs

There is hereby established an Office of Justice Programs within the Department of Justice under the general authority of the Attorney General. The Office of Justice Programs (hereinafter referred to in this chapter as the “Office”) shall be headed by an Assistant Attorney General (hereinafter in this chapter referred to as the “Assistant Attorney General”) appointed by the President, by and with the advice and consent of the Senate.

34 U.S.C. § 10102 Duties and functions of Assistant Attorney General

(a) Specific, general and delegated powersThe Assistant Attorney General shall—(1) publish and disseminate information on the conditions and progress of the criminal justice systems; (2) maintain liaison with the executive and judicial branches of the Federal and State governments in matters relating to criminal justice; (3) provide information to the President, the Congress, the judiciary, State and local governments, and the general public relating to criminal justice; (4) maintain liaison with public and private educational and research institutions, State and local governments, and governments of other nations relating to criminal justice; (5) coordinate and provide staff support to coordinate the activities of the Office and the Bureau of Justice Assistance, the National Institute of Justice, the Bureau of Justice Statistics, the Office for Victims of Crime, and the Office of Juvenile Justice and Delinquency Prevention; and (6) exercise such other powers and functions as may be vested in the Assistant Attorney General pursuant to this chapter or by delegation of the Attorney General, including placing special conditions on all grants, and determining priority purposes for formula grants. (b) Annual report to President and CongressThe Assistant Attorney General shall submit an annual report to the President and to the Congress not later than March 31 of each year.

34 U.S.C. § 10103 Office of Weed and Seed Strategies

(a) EstablishmentThere is established within the Office an Office of Weed and Seed Strategies, headed by a Director appointed by the Attorney General. (b) AssistanceThe Director may assist States, units of local government, and neighborhood and community-based organizations in developing Weed and Seed strategies, as provided in section 10104 of this title. (c) Authorization of appropriationsThere is authorized to be appropriated to carry out this section $60,000,000 for fiscal year 2006, and such sums as may be necessary for each of fiscal years 2007, 2008, and 2009, to remain available until expended.

34 U.S.C. § 10104 Weed and Seed strategies

(a) In generalFrom amounts made available under section 10103(c) of this title, the Director of the Office of Weed and Seed Strategies may implement strategies, to be known as Weed and Seed strategies, to prevent, control, and reduce violent crime, criminal drug-related activity, and gang activity in designated Weed-and-Seed communities. Each such strategy shall involve both of the following activities:(1) WeedingActivities, to be known as Weeding activities, which shall include promoting and coordinating a broad spectrum of community efforts (especially those of law enforcement agencies and prosecutors) to arrest, and to sanction or incarcerate, persons in that community who participate or engage in violent crime, criminal drug-related activity, and other crimes that threaten the quality of life in that community. (2) SeedingActivities, to be known as Seeding activities, which shall include promoting and coordinating a broad spectrum of community efforts (such as drug abuse education, mentoring, and employment counseling) to provide—(A) human services, relating to prevention, intervention, or treatment, for at-risk individuals and families; and (B) community revitalization efforts, including enforcement of building codes and development of the economy. (b) GuidelinesThe Director shall issue guidelines for the development and implementation of Weed and Seed strategies under this section. The guidelines shall ensure that the Weed and Seed strategy for a community referred to in subsection (a) shall—(1) be planned and implemented through and under the auspices of a steering committee, properly established in the community, comprised of—(A) in a voting capacity, representatives of—(i) appropriate law enforcement agencies; and (ii) other public and private agencies, and neighborhood and community-based organizations, interested in criminal justice and community-based development and revitalization in the community; and (B) in a voting capacity, both—(i) the Drug Enforcement Administration’s special agent in charge for the jurisdiction encompassing the community; and (ii) the United States Attorney for the District encompassing the community; (2) describe how law enforcement agencies, other public and private agencies, neighborhood and community-based organizations, and interested citizens are to cooperate in implementing the strategy; and (3) incorporate a community-policing component that shall serve as a bridge between the Weeding activities under subsection (a)(1) and the Seeding activities under subsection (a)(2). (c) DesignationFor a community to be designated as a Weed-and-Seed community for purposes of subsection (a)—(1) the United States Attorney for the District encompassing the community must certify to the Director that—(A) the community suffers from consistently high levels of crime or otherwise is appropriate for such designation; (B) the Weed and Seed strategy proposed, adopted, or implemented by the steering committee has a high probability of improving the criminal justice system within the community and contains all the elements required by the Director; and (C) the steering committee is capable of implementing the strategy appropriately; and (2) the community must agree to formulate a timely and effective plan to independently sustain the strategy (or, at a minimum, a majority of the best practices of the strategy) when assistance under this section is no longer available. (d) ApplicationAn application for designation as a Weed-and-Seed community for purposes of subsection (a) shall be submitted to the Director by the steering committee of the community in such form, and containing such information and assurances, as the Director may require. The application shall propose—(1) a sustainable Weed and Seed strategy that includes—(A) the active involvement of the United States Attorney for the District encompassing the community, the Drug Enforcement Administration’s special agent in charge for the jurisdiction encompassing the community, and other Federal law enforcement agencies operating in the vicinity; (B) a significant community-oriented policing component; and (C) demonstrated coordination with complementary neighborhood and community-based programs and initiatives; and (2) a methodology with outcome measures and specific objective indicia of performance to be used to evaluate the effectiveness of the strategy. (e) Grants(1) In generalIn implementing a strategy for a community under subsection (a), the Director may make grants to that community. (2) UsesFor each grant under this subsection, the community receiving that grant may not use any of the grant amounts for construction, except that the Assistant Attorney General may authorize use of grant amounts for incidental or minor construction, renovation, or remodeling. (3) LimitationsA community may not receive grants under this subsection (or fall within such a community)—(A) for a period of more than 10 fiscal years; (B) for more than 5 separate fiscal years, except that the Assistant Attorney General may, in single increments and only upon a showing of extraordinary circumstances, authorize grants for not more than 3 additional separate fiscal years; or (C) in an aggregate amount of more than $1,000,000, except that the Assistant Attorney General may, upon a showing of extraordinary circumstances, authorize grants for not more than an additional $500,000. (4) DistributionIn making grants under this subsection, the Director shall ensure that—(A) to the extent practicable, the distribution of such grants is geographically equitable and includes both urban and rural areas of varying population and area; and (B) priority is given to communities that clearly and effectively coordinate crime prevention programs with other Federal programs in a manner that addresses the overall needs of such communities. (5) Federal share(A) Subject to subparagraph (B), the Federal share of a grant under this subsection may not exceed 75 percent of the total costs of the projects described in the application for which the grant was made. (B) The requirement of subparagraph (A)—(i) may be satisfied in cash or in kind; and (ii) may be waived by the Assistant Attorney General upon a determination that the financial circumstances affecting the applicant warrant a finding that such a waiver is equitable. (6) Supplement, not supplantTo receive a grant under this subsection, the applicant must provide assurances that the amounts received under the grant shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for programs or services provided in the community.

34 U.S.C. § 10105 Inclusion of Indian tribes

For purposes of sections 10103 and 10104 of this title, the term “State” includes an Indian tribal government.

34 U.S.C. § 10106 Community Capacity Development Office

(a) Establishment(1) In generalThere is established within the Office a Community Capacity Development Office, headed by a Director appointed by the Attorney General. In carrying out the functions of the Office, the Director shall be subject to the authority, direction, and control of the Attorney General. Such authority, direction, and control may be delegated only to the Assistant Attorney General, without redelegation. (2) PurposeThe purpose of the Office shall be to provide training to actual and prospective participants under programs covered by section 10103(b) 11 See References in Text Note below. of this title to assist such participants in understanding the substantive and procedural requirements for participating in such programs. (3) ExclusivityThe Office shall be the exclusive element of the Department of Justice performing functions and activities for the purpose specified in paragraph (2). There are hereby transferred to the Office all functions and activities for such purpose performed immediately before January 5, 2006, by any other element of the Department. This does not preclude a grant-making office from providing specialized training and technical assistance in its area of expertise. (b) MeansThe Director shall, in coordination with the heads of the other elements of the Department, carry out the purpose of the Office through the following means:(1) Promoting coordination of public and private efforts and resources within or available to States, units of local government, and neighborhood and community-based organizations. (2) Providing information, training, and technical assistance. (3) Providing support for inter- and intra-agency task forces and other agreements and for assessment of the effectiveness of programs, projects, approaches, or practices. (4) Providing in the assessment of the effectiveness of neighborhood and community-based law enforcement and crime prevention strategies and techniques, in coordination with the National Institute of Justice. (5) Any other similar means. (c) LocationsTraining referred to in subsection (a) shall be provided on a regional basis to groups of such participants. In a case in which remedial training is appropriate, as recommended by the Director or the head of any element of the Department, such training may be provided on a local basis to a single such participant. (d) Best practicesThe Director shall—(1) identify grants under which clearly beneficial outcomes were obtained, and the characteristics of those grants that were responsible for obtaining those outcomes; and (2) incorporate those characteristics into the training provided under this section. (e) Availability of fundsnot 22 So in original. Probably should be capitalized. to exceed 3 percent of all funding made available for a fiscal year for the programs covered by section 10103(b) 1 of this title shall be reserved for the Community Capacity Development Office for the activities authorized by this section.

34 U.S.C. § 10107 Division of Applied Law Enforcement Technology

(a) EstablishmentThere is established within the Office of Science and Technology, the Division of Applied Law Enforcement Technology, headed by an individual appointed by the Attorney General. The purpose of the Division shall be to provide leadership and focus to those grants of the Department of Justice that are made for the purpose of using or improving law enforcement computer systems. (b) DutiesIn carrying out the purpose of the Division, the head of the Division shall—(1) establish clear minimum standards for computer systems that can be purchased using amounts awarded under such grants; and (2) ensure that recipients of such grants use such systems to participate in crime reporting programs administered by the Department, such as Uniform Crime Reports or the National Incident-Based Reporting System.

34 U.S.C. § 10108 Availability of funds

(a) Period for awarding grant funds(1) In generalUnless otherwise specifically provided in an authorization, DOJ grant funds for a fiscal year shall remain available to be awarded and distributed to a grantee only in that fiscal year and the three succeeding fiscal years, subject to paragraphs (2) and (3). DOJ grant funds not so awarded and distributed shall revert to the Treasury. (2) Treatment of reprogrammed fundsDOJ grant funds for a fiscal year that are reprogrammed in a later fiscal year shall be treated for purposes of paragraph (1) as DOJ grant funds for such later fiscal year. (3) Treatment of deobligated fundsIf DOJ grant funds were obligated and then deobligated, the period of availability that applies to those grant funds under paragraph (1) shall be extended by a number of days equal to the number of days from the date on which those grant funds were obligated to the date on which those grant funds were deobligated. (b) Period for expending grant fundsDOJ grant funds for a fiscal year that have been awarded and distributed to a grantee may be expended by that grantee only in the period permitted under the terms of the grant. DOJ grant funds not so expended shall be deobligated. (c) DefinitionIn this section, the term “DOJ grant funds” means, for a fiscal year, amounts appropriated for activities of the Department of Justice in carrying out grant programs for that fiscal year. (d) ApplicabilityThis section applies to DOJ grant funds for fiscal years beginning with fiscal year 2006.

34 U.S.C. § 10109 Office of Audit, Assessment, and Management

(a) Establishment(1) In generalThere is established within the Office an Office of Audit, Assessment, and Management, headed by a Director appointed by the Attorney General. In carrying out the functions of the Office, the Director shall be subject to the authority, direction, and control of the Attorney General. Such authority, direction, and control may be delegated only to the Assistant Attorney General, without redelegation. (2) PurposeThe purpose of the Office shall be to carry out and coordinate program assessments of, take actions to ensure compliance with the terms of, and manage information with respect to, grants under programs covered by subsection (b). The Director shall take special conditions of the grant into account and consult with the office that issued those conditions to ensure appropriate compliance. (3) ExclusivityThe Office shall be the exclusive element of the Department of Justice, other than the Inspector General, performing functions and activities for the purpose specified in paragraph (2). There are hereby transferred to the Office all functions and activities, other than functions and activities of the Inspector General, for such purpose performed immediately before January 5, 2006, by any other element of the Department. (b) Covered programsThe programs referred to in subsection (a) are the following:(1) The program under subchapter XVI of this chapter. (2) Any grant program carried out by the Office of Justice Programs. (3) Any other grant program carried out by the Department of Justice that the Attorney General considers appropriate. (c) Program assessments required(1) In generalThe Director shall select grants awarded under the programs covered by subsection (b) and carry out program assessments on such grants. In selecting such grants, the Director shall ensure that the aggregate amount awarded under the grants so selected represent not less than 10 percent of the aggregate amount of money awarded under all such grant programs. (2) Relationship to NIJ evaluationsThis subsection does not affect the authority or duty of the Director of the National Institute of Justice to carry out overall evaluations of programs covered by subsection (b), except that such Director shall consult with the Director of the Office in carrying out such evaluations. (3) Timing of program assessmentsThe program assessment required by paragraph (1) of a grant selected under paragraph (1) shall be carried out—(A) not later than the end of the grant period, if the grant period is not more than 1 year; and (B) at the end of each year of the grant period, if the grant period is more than 1 year. (d) Compliance actions requiredThe Director shall take such actions to ensure compliance with the terms of a grant as the Director considers appropriate with respect to each grant that the Director determines (in consultation with the head of the element of the Department of Justice concerned), through a program assessment under subsection (a) or other means, is not in compliance with such terms. In the case of a misuse of more than 1 percent of the grant amount concerned, the Director shall, in addition to any other action to ensure compliance that the Director considers appropriate, ensure that the entity responsible for such misuse ceases to receive any funds under any program covered by subsection (b) until such entity repays to the Attorney General an amount equal to the amounts misused. The Director may, in unusual circumstances, grant relief from this requirement to ensure that an innocent party is not punished. (e) Grant management systemThe Director shall establish and maintain, in consultation with the chief information officer of the Office, a modern, automated system for managing all information relating to the grants made under the programs covered by subsection (b). (f) Availability of fundsNot to exceed 3 percent of all funding made available for a fiscal year for the programs covered by subsection (b) shall be reserved for the Office of Audit, Assessment and Management for the activities authorized by this section.

34 U.S.C. § 10110 Office of Justice Programs grants, cooperative agreements, and contracts

Notwithstanding any other provision of law, during any fiscal year the Attorney General— (1) may make grants, or enter into cooperative agreements and contracts, for the Office of Justice Programs and the component organizations of that Office (including, notwithstanding any contrary provision of law (unless the same should expressly refer to this section), any organization that administers any program established in title 1 of Public Law 90–351); 11 See References in Text note below. and (2) shall have final authority over all functions, including any grants, cooperative agreements, and contracts made, or entered into, for the Office of Justice Programs and the component organizations of that Office (including, notwithstanding any contrary provision of law (unless the same should expressly refer to this section), any organization that administers any program established in title 1 of Public Law 90–351).1

34 U.S.C. § 10111 Consolidation of financial management systems of Office of Justice Programs

(a) Consolidation of accounting activities and procurement activitiesThe Assistant Attorney General of the Office of Justice Programs, in coordination with the Chief Information Officer and Chief Financial Officer of the Department of Justice, shall ensure that—(1) all accounting activities for all elements of the Office of Justice Programs are carried out under the direct management of the Office of the Comptroller; and (2) all procurement activities for all elements of the Office are carried out under the direct management of the Office of Administration. (b) Further consolidation of procurement activitiesThe Assistant Attorney General, in coordination with the Chief Information Officer and Chief Financial Officer of the Department of Justice, shall ensure that, on and after September 30, 2008—(1) all procurement activities for all elements of the Office are carried out through a single management office; and (2) all contracts and purchase orders used in carrying out those activities are processed through a single procurement system. (c) Consolidation of financial management systemsThe Assistant Attorney General, in coordination with the Chief Information Officer and Chief Financial Officer of the Department of Justice, shall ensure that, on and after September 30, 2010, all financial management activities (including human resources, payroll, and accounting activities, as well as procurement activities) of all elements of the Office are carried out through a single financial management system. (d) Achieving compliance(1) ScheduleThe Assistant Attorney General shall undertake a scheduled consolidation of operations to achieve compliance with the requirements of this section. (2) Specific requirementsWith respect to achieving compliance with the requirements of—(A) subsection (a), the consolidation of operations shall be initiated not later than 90 days after January 5, 2006; and (B) subsections (b) and (c), the consolidation of operations shall be initiated not later than September 30, 2006, and shall be carried out by the Office of Administration, in consultation with the Chief Information Officer and the Office of Audit, Assessment, and Management.

34 U.S.C. § 10112 Senior Policy Advisor on Culturally Specific Communities within the Office of Justice Programs

(a) Establishment; dutiesThere shall be a Senior Policy Advisor on Culturally Specific Communities within the Office of Justice Programs who shall, under the guidance and authority of the Assistant Attorney General of the Office of Justice Programs—(1) advise on the administration of grants related to culturally specific (as defined in section 12291(a) of this title) services and contracts with culturally specific organizations; (2) coordinate development of Federal policy, protocols, and guidelines on matters relating to domestic violence, dating violence, sexual assault, and stalking (as those terms are defined in section 12291(a) of this title), in culturally specific communities; (3) advise the Assistant Attorney General for the Office of Justice Programs concerning policies, legislation, implementation of laws, and other issues relating to domestic violence, dating violence, sexual assault, and stalking in culturally specific communities; (4) provide technical assistance, coordination, and support to other offices and bureaus in the Department of Justice to develop policy and to enforce Federal laws relating to domestic violence, dating violence, sexual assault, and stalking in culturally specific communities; (5) ensure that appropriate technical assistance, developed and provided by entities having expertise in culturally specific communities, is made available to grantees and potential grantees proposing to serve culturally specific communities; and (6) ensure access to grants and technical assistance for culturally specific organizations and analyze the distribution of funding in order to identify barriers for culturally specific organizations. (b) QualificationsThe Senior Policy Advisor on Culturally Specific Communities shall be an individual with—(1) personal, lived, and work experience from a culturally specific community; and (2) a demonstrated history of and expertise in addressing domestic violence or sexual assault in a nongovernmental agency. (c) Initial appointmentNot later than 120 days after March 15, 2022, the Assistant Attorney General of the Office of Justice Programs shall appoint an individual as Senior Policy Advisor on Culturally Specific Communities.

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