Title 34 — Crime Control and Law Enforcement
Chapter 101 — Justice System Improvement
§ 10122. National Institute of Justice
Statutory text
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”).
Director of Institute; appointment by President; authority; restrictions
The Institute shall be headed by a Director appointed by the President. 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.
Duties and functions
The Institute is authorized to—
make grants to, or enter into cooperative agreements or contracts with, public agencies, institutions of higher education, private organizations, 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;
conduct or authorize multiyear and short-term research and development concerning the criminal and civil justice systems in an effort—
to identify alternative programs for achieving system goals;
to provide more accurate information on the causes and correlates of crime;
to analyze the correlates of crime and juvenile delinquency and provide more accurate information on the causes and correlates of crime and juvenile delinquency;
to improve the functioning of the criminal justice system;
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
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;
evaluate the effectiveness, including cost effectiveness where practical, of projects or programs carried out under this chapter;
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;
provide research fellowships and clinical internships and carry out programs of training and special workshops for the presentation and dissemination of information resulting from research, demonstrations, and special projects including those authorized by this subchapter;
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;
serve as a national and international clearinghouse for the exchange of information with respect to the purposes of this subchapter;
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;
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
research and development of tools and technologies relating to prevention, detection, investigation, and prosecution of crime; and
support research, development, testing, training, and evaluation of tools and technology for Federal, State, and local law enforcement agencies.
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—
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;
confer with and avail itself of the cooperation, services, records, and facilities of State or of municipal or other local agencies;
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;
seek the cooperation of the judicial branches of Federal and State Government in coordinating civil and criminal justice research and development; and
exercise the powers and functions set out in subchapter VII.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Omnibus Crime Control and Safe Streets Act of 1968
Pub. L. 90–351 title I § 202 · 82 Stat. 197
Enacted · 34 U.S.C. § 10122
Pub. L. 90–351, title I, § 202, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1172
Source evidence
Code source credit
Pub. L. 90–351, title I, § 202, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1172Enacted provision · exact public law section
Sec. 202. The Administration shall make grants to the States for the establishment and operation of State law enforcement planning agencies (hereinafter referred to in this title as “State planning agencies”) for the preparation, development, and revision of the State plans required under section 303 of this title Any State may make application to the Administration for such grants within six months of the date of enactment of this Act.Pub. L. 98–473 § 604(b)(1) · 98 Stat. 1837
Changed · 34 U.S.C. § 10122(b)
Pub. L. 98–473, § 604(b)(1), required Director to report to Attorney General through Assistant Attorney General
Source evidence
Code amendment note
Subsec. (b). Pub. L. 98–473, § 604(b)(1), required Director to report to Attorney General through Assistant Attorney General.Pub. L. 98–473 § 604(b)(2)(A)(i) · 98 Stat. 1837
Struck · 34 U.S.C. § 10122(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”
Source evidence
Code amendment note
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”.Pub. L. 98–473 § 604(b)(2)(A)(ii) · 98 Stat. 1837
Struck · 34 U.S.C. § 10122(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,”
Source evidence
Code amendment note
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,”.Pub. L. 98–473 § 604(b)(2)(B) · 98 Stat. 1837
Substituted · 34 U.S.C. § 10122(c)(3)
Pub. L. 98–473, § 604(b)(2)(B), substituted “chapter” for “subchapter”
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 98–473, § 604(b)(2)(B), substituted “chapter” for “subchapter”.Pub. L. 98–473 § 604(b)(2)(C) · 98 Stat. 1837
Redesignated · 34 U.S.C. § 10122(c)(4)(7)
Pub. L. 98–473, § 604(b)(2)(C), (F), redesignated pars. (5) to (8) as (4) to (7), respectively
Struck · 34 U.S.C. § 10122(c)(4)(7)
Pub. L. 98–473, § 604(b)(2)(C), (F), 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
Source evidence
Code amendment note
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.Pub. L. 98–473 § 604(b)(2)(D)(i) · 98 Stat. 1837
Redesignated · 34 U.S.C. § 10122(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 · 34 U.S.C. § 10122(c)(8)
Pub. L. 98–473, § 604(b)(2)(D)(i), (ii), (F), struck out “nationality priority grants under subchapter V of this chapter and” after “for funding as”
Redesignated · 34 U.S.C. § 10122(c)(8)
Pub. L. 98–473, § 604(b)(2)(D)(i), (ii), (F), substituted “subchapter V” for “subchapter VI”. Former par. (8) redesignated (7)
Source evidence
Code amendment note
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” for “subchapter VI”. Former par. (8) redesignated (7).Pub. L. 98–473 § 604(b)(2)(E) · 98 Stat. 1837
Redesignated · 34 U.S.C. § 10122(c)(9)
Pub. L. 98–473, § 604(b)(2)(E), (F), redesignated par. (11) as (9)
Struck · 34 U.S.C. § 10122(c)(9)
Pub. L. 98–473, § 604(b)(2)(E), (F), struck out former par. (9) relating to a biennial report to President and Congress on state of justice research
Source evidence
Code amendment note
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.Pub. L. 98–473 § 604(b)(2)(F) · 98 Stat. 1837
Redesignated · 34 U.S.C. § 10122(c)(10); 34 U.S.C. § 10122(c)(11)
Pub. L. 98–473, § 604(b)(2)(F), redesignated pars. (10) and (11) as (8) and (9), respectively
Source evidence
Code amendment note
Subsec. (c)(10), (11). Pub. L. 98–473, § 604(b)(2)(F), redesignated pars. (10) and (11) as (8) and (9), respectively.Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title XXXIII § 330001(h)(1) · 108 Stat. 1796
Substituted · 34 U.S.C. § 10122(c)(2)(E)
Pub. L. 103–322 substituted “crime,” for “crime,,”
Source evidence
Code amendment note
Subsec. (c)(2)(E). Pub. L. 103–322 substituted “crime,” for “crime,,”.Enacted provision · exact public law section
(1) in section 202(c)(2)(E) by striking “crime,,” and inserting 42 USC 3722. “crime,”;Homeland Security Act of 2002
Pub. L. 107–296 § 237(1) · 116 Stat. 2135
Inserted · 34 U.S.C. § 10122(c)(3)
Pub. L. 107–296, § 237(1), inserted “, including cost effectiveness where practical,” after “evaluate the effectiveness”
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 107–296, § 237(1), inserted “, including cost effectiveness where practical,” after “evaluate the effectiveness”.Enacted provision · exact public law section
(1) in paragraph (3) by inserting “, including cost effectiveness where practical,” before “of projects”; andHomeland Security Act of 2002
Pub. L. 107–296 § 237(2) · 116 Stat. 2135
Added · 34 U.S.C. § 10122(c)(10); 34 U.S.C. § 10122(c)(11)
Pub. L. 107–296, § 237(2), added pars. (10) and (11)
Source evidence
Code amendment note
Subsec. (c)(10), (11). Pub. L. 107–296, § 237(2), added pars. (10) and (11).Enacted provision · exact public law section
(2) by striking “and” after the semicolon at the end of paragraph (8), striking the period at the end of paragraph (9) and inserting “; and”, and by adding at the end the following: “(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.”.Presidential Appointment Efficiency and Streamlining Act of 2011
Pub. L. 112–166 § 2(h)(3) · 126 Stat. 1283
Struck · 34 U.S.C. § 10122(b)
Pub. L. 112–166 struck out “, by and with the advice and consent of the Senate” before period at end of first sentence
Source evidence
Code amendment note
Subsec. (b). Pub. L. 112–166 struck out “, by and with the advice and consent of the Senate” before period at end of first sentence.Enacted provision · exact public law section
(3) Director, national institute of justice.— Section 202(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3722(b)) is amended by striking “, by and with the advice and consent of the Senate”.Effective date note
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.
5 of 17 references resolved to an enrolled provision · 12 partial
Editorial Notes
Codification
Section was formerly classified to section 3722 of Title 42, The Public Health and Welfare, prior to editorial 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 202 of Pub. L. 90–351, title I, , 82 Stat. 198; Pub. L. 93–83, § 2, , 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.
Amendments1984–2012 · 4 rounds
2012
Subsec. (b). Pub. L. 112–166 struck out “, by and with the advice and consent of the Senate” before period at end of first sentence.
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” for “subchapter VI”. 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.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–166 effective 60 days after , 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.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective 60 days after , 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 , see section 609AA(a) of Pub. L. 98–473, set out as an Effective Date note under section 10101 of this title.
Credits
1979–2012 · 5 acts
- 1979Pub. L. 90–351, title I, § 202, as added Pub. L. 96–157, § 2, , 93 Stat. 1172
- 1984amended Pub. L. 98–473, title II, § 604(b), , 98 Stat. 2078
- 1994Pub. L. 103–322, title XXXIII, § 330001(h)(1), , 108 Stat. 2139
- 2002Pub. L. 107–296, title II, § 237, , 116 Stat. 2162
- 2012Pub. L. 112–166, § 2(h)(3), , 126 Stat. 1285.
Show as published
(Pub. L. 90–351, title I, § 202, as added Pub. L. 96–157, § 2, , 93 Stat. 1172; amended Pub. L. 98–473, title II, § 604(b), , 98 Stat. 2078; Pub. L. 103–322, title XXXIII, § 330001(h)(1), , 108 Stat. 2139; Pub. L. 107–296, title II, § 237, , 116 Stat. 2162; Pub. L. 112–166, § 2(h)(3), , 126 Stat. 1285.)