Title 34 — Crime Control and Law Enforcement
Chapter 101 — Justice System Improvement
§ 10221. Rules, regulations, and procedures; consultations and establishment
Statutory text
General authorization of certain Federal agencies
The Office of Justice Programs, the Bureau of Justice Assistance, the Office of Juvenile Justice and Delinquency Prevention, the Bureau of Justice Statistics, and the National Institute of Justice are authorized, after appropriate consultation with representatives of States and units of local government, to establish such rules, regulations, and procedures as are necessary to the exercise of their functions, and as are consistent with the stated purposes of this chapter.
Continuing evaluation of selected programs or projects; cost, effectiveness, impact value, and comparative considerations; annual performance report; assessment of activity effectiveness; suspension of funds for nonsubmission of report
The Bureau of Justice Assistance shall, after consultation with the National Institute of Justice, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, State and local governments, and the appropriate public and private agencies, establish such rules and regulations as are necessary to assure the continuing evaluation of selected programs or projects conducted pursuant to subchapters V, XII, XIII, XIV, and XX, in order to determine—
whether such programs or projects have achieved the performance goals stated in the original application, are of proven effectiveness, have a record of proven success, or offer a high probability of improving the criminal justice system;
whether such programs or projects have contributed or are likely to contribute to the improvement of the criminal justice system and the reduction and prevention of crime;
their cost in relation to their effectiveness in achieving stated goals;
their impact on communities and participants; and
their implication for related programs.
In conducting evaluations described in this subsection, the Bureau of Justice Assistance shall, when practical, compare the effectiveness of programs conducted by similar applicants and different applicants. The Bureau of Justice Assistance shall also require applicants under part A of subchapter V to submit an annual performance report concerning activities carried out pursuant to part A of subchapter V together with an assessment by the applicant of the effectiveness of those activities in achieving the purposes of such part A and the relationships of those activities to the needs and objectives specified by the applicant in the application submitted pursuant to section 10153 of this title. Such report shall include details identifying each applicant that used any funds to purchase any cruiser, boat, or helicopter and, with respect to such applicant, specifying both the amount of funds used by such applicant for each purchase of any cruiser, boat, or helicopter and a justification of each such purchase (and the Bureau of Justice Assistance shall submit to the Committee of the Judiciary of the House of Representatives and the Committee of the Judiciary of the Senate, promptly after preparation of such report a written copy of the portion of such report containing the information required by this sentence). The Bureau shall suspend funding for an approved application under part A of subchapter V if an applicant fails to submit such an annual performance report.
Procedures for paperwork minimization and prevention of duplication and delays in award and expenditure of funds
The procedures established to implement the provisions of this chapter shall minimize paperwork and prevent needless duplication and unnecessary delays in award and expenditure of funds at all levels of government.
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 § 801 · 82 Stat. 197
Enacted · 34 U.S.C. § 10221
Pub. L. 90–351, title I, § 801, formerly § 802, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1201
Source evidence
Code source credit
Pub. L. 90–351, title I, § 801, formerly § 802, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1201Enacted provision · exact public law section
Sec. 801. findings On the basis of its own investigations and of published studies, the Congress makes the following findings: (a) Wire communications are normally conducted through (he use of facilities which form part of an interstate network. The same facilities are used for interstate and intrastate communications. There has been extensive wiretapping carried on without legal sanctions, and without the consent of any of the parties to the conversation. Electronic, mechanical, and other intercepting devices are being used to overhear oral conversations made in private, without the consent of any of the parties to such communications. The contents of these communications and evidence derived therefrom are being used by public and private parties as evidence in court and administrative proceedings, and by persons whose activities affect interstate commerce. The possession, manufacture, distribution, advertising, and use of these devices are facilitated by interstate commerce. (b) In order to protect effectively the privacy of wire and oral communications, to protect the integrity of court and administrative proceedings, and to prevent the obstruction of interstate commerce, it is necessary for Congress to define on a uniform basis the circumstances and conditions under which the interception of wire and oral communications may be authorized, to prohibit any unauthorized interception of such communications, and the use-of the contents thereof in evidence in courts and administrative proceedings. (c) Organized criminals make extensive use of wire and oral communications in their criminal activities. The interception of such communications to obtain evidence of the commission of crimes or to prevent their commission is an indispensable aid to law enforcement and the administration of justice. (d) To safeguard the privacy of innocent persons, the interception of wire or oral communications where none of the parties to the communication has consented to the interception should be allowed only when authorized by a court of competent jurisdiction and should remain under the control and supervision of the authorizing court. Interception of wire and oral communications should further be limited to certain major types of offenses and specific categories of clime with assurances that the interception is justified and that the information obtained thereby will not be, misused.Pub. L. 98–473 title II § 609B(b) · 98 Stat. 1837
Changed · 34 U.S.C. § 10221(a)
Pub. L. 98–473 in amending subsec. (a) generally
Substituted · 34 U.S.C. § 10221(a)
Pub. L. 98–473 in substituted “Office of Justice Programs” for “Office of Justice Assistance, Research, and Statistics” also included authority for the Office of Juvenile Justice and Delinquency Prevention to establish rules, regulations, and procedures for exercise of its functions
Substituted · 34 U.S.C. § 10221(a)
Pub. L. 98–473 in substituted “Bureau of Justice Assistance” for “Law Enforcement Assistance Administration” also included authority for the Office of Juvenile Justice and Delinquency Prevention to establish rules, regulations, and procedures for exercise of its functions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–473 in amending subsec. (a) generally, substituted “Office of Justice Programs” for “Office of Justice Assistance, Research, and Statistics” and “Bureau of Justice Assistance” for “Law Enforcement Assistance Administration” and also included authority for the Office of Juvenile Justice and Delinquency Prevention to establish rules, regulations, and procedures for exercise of its functions.Pub. L. 98–473 title II § 609B(b) · 98 Stat. 1837
Changed · 34 U.S.C. § 10221(b)
Pub. L. 98–473 in amending subsec. (b) generally
Substituted · 34 U.S.C. § 10221(b)
Pub. L. 98–473 in substituted “Bureau of Justice Assistance” for “Law Enforcement Assistance Administration” wherever appearing; provided for consultations with the Office of Juvenile Justice and Delinquency Prevention;
Struck · 34 U.S.C. § 10221(b)
Pub. L. 98–473 in struck out provisions respecting: rules, regulations, and procedures affecting national priority grant programs or projects; evaluations in addition to the requirements of former sections 3743 and 3744 of this title; and requirement for comparison of effectiveness of formula grant programs or projects of States or local units of government with similar national priority and discretionary grant programs or projects
Source evidence
Code amendment note
Subsec. (b). Pub. L. 98–473 in amending subsec. (b) generally, substituted “Bureau of Justice Assistance” for “Law Enforcement Assistance Administration” wherever appearing; provided for consultations with the Office of Juvenile Justice and Delinquency Prevention; and struck out provisions respecting: rules, regulations, and procedures affecting national priority grant programs or projects; evaluations in addition to the requirements of former sections 3743 and 3744 of this title; and requirement for comparison of effectiveness of formula grant programs or projects of States or local units of government with similar national priority and discretionary grant programs or projects.Pub. L. 98–473 title II § 609B(b) · 98 Stat. 1837
Changed · 34 U.S.C. § 10221(c)
Pub. L. 98–473 in amending section generally, reenacted subsec. (c) without change
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–473 in amending section generally, reenacted subsec. (c) without change.State and Local Law Enforcement Assistance Act of 1986
Pub. L. 99–570 title I § 1552(b)(2) · 100 Stat. 3207
Inserted · 34 U.S.C. § 10221(b)
Pub. L. 99–570 inserted reference to subchapter XII–A of this chapter in introductory provisions
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–570 inserted reference to subchapter XII–A of this chapter in introductory provisions.Enacted provision · exact public law section
(2) Section 801(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3782(b)) is amended by striking out “parts D and E” and inserting in lieu thereof “parts D, E, and M”.Crime Control Act of 1990
Pub. L. 101–647 § 801(c)(1) · 104 Stat. 4789
Substituted · 34 U.S.C. § 10221(b)
Pub. L. 101–647, § 801(c)(1), substituted “XII–B, and XII–C” for “and XII–B”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 101–647, § 801(c)(1), substituted “XII–B, and XII–C” for “and XII–B”.Enacted provision · exact public law section
(1) Section 801(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3782(b)) is amended by striking “and N” and inserting “N, and O”.Victims of Child Abuse Act of 1990
Pub. L. 101–647 § 241(b)(2) · 104 Stat. 4789
Substituted · 34 U.S.C. § 10221(b)
Pub. L. 101–647, § 241(b)(2), substituted “XII–A, and XII–B” for “and XII–A”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–647, § 241(b)(2), substituted “XII–A, and XII–B” for “and XII–A”.Enacted provision · exact public law section
(2) Section 801(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3782(b)) is amended by striking “and M” and inserting “M, and N”.Violence Against Women Act of 1994
Pub. L. 103–322 title IV § 40231(d)(1) · 108 Stat. 1796
Substituted · 34 U.S.C. § 10221(b)
Pub. L. 103–322, in introductory provisions substituted “subchapters” for “subchapters IV,”
Substituted · 34 U.S.C. § 10221(b)
Pub. L. 103–322, in introductory provisions substituted “XII–C, and XII–I” for “and XII–C”
Substituted · 34 U.S.C. § 10221(b)
Pub. L. 103–322, in introductory provisions substituted “part A of subchapter V” for “subchapter IV”
Substituted · 34 U.S.C. § 10221(b)
Pub. L. 103–322, in introductory provisions substituted “3751” for “3743(a)”
Substituted · 34 U.S.C. § 10221(b)
Pub. L. 103–322, in introductory provisions substituted “3753” for “3743”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 103–322, in introductory provisions substituted “subchapters” for “subchapters IV,” and “XII–C, and XII–I” for “and XII–C”, and in concluding provisions substituted “part A of subchapter V” for “subchapter IV” wherever appearing, “3751” for “3743(a)”, and “3753” for “3743”.Enacted provision · exact public law section
(1) Regulations.— Section 801(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3782(b)), is amended by striking “and O” and inserting “O, and U”.Violence Against Women and Department of Justice Reauthorization Act of 2005
Pub. L. 109–162 title XI § 1111(c)(2)(D) · 119 Stat. 2960
Substituted · 34 U.S.C. § 10221(b)
Pub. L. 109–162 substituted “the purposes of such part A” for “the purposes of section 3751 of this title” in concluding provisions
Substituted · 34 U.S.C. § 10221(b)
Pub. L. 109–162 substituted “the application submitted pursuant to section 3752 of this title. Such report shall include details identifying each applicant that used any funds to purchase any cruiser, boat, or helicopter and, with respect to such applicant, specifying both the amount of funds used by such applicant for each purchase of any cruiser, boat, or helicopter and a justification of each such purchase (and the Bureau of Justice Assistance shall submit to the Committee of the Judiciary of the House of Representatives and the Committee of the Judiciary of the Senate, promptly after preparation of such report a written copy of the portion of such report containing the information required by this sentence)” for “the application submitted pursuant to section 3753 of this title” in concluding provisions
Source evidence
Code amendment note
Subsec. (b). Pub. L. 109–162 substituted “the purposes of such part A” for “the purposes of section 3751 of this title” and “the application submitted pursuant to section 3752 of this title. Such report shall include details identifying each applicant that used any funds to purchase any cruiser, boat, or helicopter and, with respect to such applicant, specifying both the amount of funds used by such applicant for each purchase of any cruiser, boat, or helicopter and a justification of each such purchase (and the Bureau of Justice Assistance shall submit to the Committee of the Judiciary of the House of Representatives and the Committee of the Judiciary of the Senate, promptly after preparation of such report a written copy of the portion of such report containing the information required by this sentence)” for “the application submitted pursuant to section 3753 of this title” in concluding provisions.Enacted provision · exact public law section
(D) in section 801(b) (42 U.S.C. 3782(b)), in the matter following paragraph (5)— (i) by striking “the purposes of section 501 of this title” and inserting “the purposes of such subpart 1”; and (ii) Reports. by striking “the application submitted pursuant to section 503 of this title.” and inserting “the application submitted pursuant to section 502 of this title. Such report shall include details identifying each applicant that used any funds to purchase any cruiser, boat, or helicopter and, with respect to such applicant, specifying both the amount of funds used by such applicant for each purchase of any cruiser, boat, or helicopter and a justification of each such purchase (and the Bureau of Justice Assistance shall submit to the Committee of the Judiciary of the House of Representatives and the Committee of the Judiciary of the Senate, promptly after preparation of such report a written copy of the portion of such report containing the information required by this sentence).”;Effective date note
Amendment by Pub. L. 109–162 applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109–162, set out as a note under section 10151 of this title.
11 of 18 references resolved to an enrolled provision · 7 partial
Editorial Notes
Codification
Section was formerly classified to section 3782 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.
Another section 801 of Pub. L. 90–351, title III, , 82 Stat. 211, is set out as a note under section 2510 of Title 18, Crimes and Criminal Procedure.
Prior Provisions
A prior section 801 of Pub. L. 90–351 was classified to section 3781 of Title 42, The Public Health and Welfare, prior to repeal by section 609B(a) of Pub. L. 98–473.
Amendments1984–2006 · 5 rounds
2006
Subsec. (b). Pub. L. 109–162 substituted “the purposes of such part A” for “the purposes of section 3751 of this title” and “the application submitted pursuant to section 3752 of this title. Such report shall include details identifying each applicant that used any funds to purchase any cruiser, boat, or helicopter and, with respect to such applicant, specifying both the amount of funds used by such applicant for each purchase of any cruiser, boat, or helicopter and a justification of each such purchase (and the Bureau of Justice Assistance shall submit to the Committee of the Judiciary of the House of Representatives and the Committee of the Judiciary of the Senate, promptly after preparation of such report a written copy of the portion of such report containing the information required by this sentence)” for “the application submitted pursuant to section 3753 of this title” in concluding provisions.
1994
Subsec. (b). Pub. L. 103–322, in introductory provisions substituted “subchapters” for “subchapters IV,” and “XII–C, and XII–I” for “and XII–C”, and in concluding provisions substituted “part A of subchapter V” for “subchapter IV” wherever appearing, “3751” for “3743(a)”, and “3753” for “3743”.
1990
Subsec. (b). Pub. L. 101–647, § 801(c)(1), substituted “XII–B, and XII–C” for “and XII–B”.
Pub. L. 101–647, § 241(b)(2), substituted “XII–A, and XII–B” for “and XII–A”.
1986
Subsec. (b). Pub. L. 99–570 inserted reference to subchapter XII–A of this chapter in introductory provisions.
1984
Subsec. (a). Pub. L. 98–473 in amending subsec. (a) generally, substituted “Office of Justice Programs” for “Office of Justice Assistance, Research, and Statistics” and “Bureau of Justice Assistance” for “Law Enforcement Assistance Administration” and also included authority for the Office of Juvenile Justice and Delinquency Prevention to establish rules, regulations, and procedures for exercise of its functions.
Subsec. (b). Pub. L. 98–473 in amending subsec. (b) generally, substituted “Bureau of Justice Assistance” for “Law Enforcement Assistance Administration” wherever appearing; provided for consultations with the Office of Juvenile Justice and Delinquency Prevention; and struck out provisions respecting: rules, regulations, and procedures affecting national priority grant programs or projects; evaluations in addition to the requirements of former sections 3743 and 3744 of this title; and requirement for comparison of effectiveness of formula grant programs or projects of States or local units of government with similar national priority and discretionary grant programs or projects.
Subsec. (c). Pub. L. 98–473 in amending section generally, reenacted subsec. (c) without change.
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Amendment by Pub. L. 109–162 applicable with respect to the first fiscal year beginning after , and each fiscal year thereafter, see section 1111(d) of Pub. L. 109–162, set out as a note under section 10151 of this title.
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
1979–2006 · 6 acts
- 1979Pub. L. 90–351, title I, § 801, formerly § 802, as added Pub. L. 96–157, § 2, , 93 Stat. 1201
- 1984renumbered § 801 and amended Pub. L. 98–473, title II, § 609B(b), , 98 Stat. 2091
- 1986Pub. L. 99–570, title I, § 1552(b)(2), , 100 Stat. 3207–46
- 1990Pub. L. 101–647, title II, § 241(b)(2), title VIII, § 801(c)(1), , 104 Stat. 4813, 4826
- 1994Pub. L. 103–322, title IV, § 40231(d)(1), title XXXIII, § 330001(h)(7), , 108 Stat. 1934, 2139
- 2006Pub. L. 109–162, title XI, § 1111(c)(2)(D), , 119 Stat. 3102.
Show as published
(Pub. L. 90–351, title I, § 801, formerly § 802, as added Pub. L. 96–157, § 2, , 93 Stat. 1201; renumbered § 801 and amended Pub. L. 98–473, title II, § 609B(b), , 98 Stat. 2091; Pub. L. 99–570, title I, § 1552(b)(2), , 100 Stat. 3207–46; Pub. L. 101–647, title II, § 241(b)(2), title VIII, § 801(c)(1), , 104 Stat. 4813, 4826; Pub. L. 103–322, title IV, § 40231(d)(1), title XXXIII, § 330001(h)(7), , 108 Stat. 1934, 2139; Pub. L. 109–162, title XI, § 1111(c)(2)(D), , 119 Stat. 3102.)