US Codex
U.S.C.
Notes

§30502. Definitions — Inbound Citations

34 U.S.C. § 30502

Cited by 331 provisions in release 119-102.

Citations to §30502(1)

Citations to §30502(2)

Citations to §30502(3)

  • 34 U.S.C. § 30101(a)
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    (a) Subject to the availability of amounts provided in advance in appropriations Acts, the Office of Justice Programs shall make a grant to each State, which shall be used by the State, in conjunction with units of local government, State and local courts, other States, or combinations thereof in accordance with subsection (b).
  • 34 U.S.C. § 30101(b)(1)
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    (1) assist State and local law enforcement agencies in enforcing State and local criminal laws relating to computer crime, including infringement of copyrighted works over the Internet;
  • 34 U.S.C. § 30101(b)(2)
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    (2) assist State and local law enforcement agencies in educating the public to prevent and identify computer crime, including infringement of copyrighted works over the Internet;
  • 34 U.S.C. § 30101(b)(3)
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    (3) educate and train State and local law enforcement officers and prosecutors to conduct investigations and forensic analyses of evidence and prosecutions of computer crime, including infringement of copyrighted works over the Internet;
  • 34 U.S.C. § 30101(b)(4)
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    (4) assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analysis of evidence of computer crimes; and
  • 34 U.S.C. § 30101(b)(5)
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    (5) facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer crimes with State and local law enforcement officers and prosecutors, including the use of multijurisdictional task forces.
  • 34 U.S.C. § 30101(c)(2)
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    (2) an assessment of the State and local resource needs, including criminal justice resources being devoted to the investigation and enforcement of computer crime laws; and
  • 34 U.S.C. § 30101(c)(3)
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    (3) a plan for coordinating the programs funded under this section with other federally funded technical assistant and training programs, including directly funded local programs such as the Local Law Enforcement Block Grant program (described under the heading “Violent Crime Reduction Programs, State and Local Law Enforcement Assistance” of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105–119)).
  • 34 U.S.C. § 30101(e)(3)
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    (3) Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this section have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this section not less than 0.75 percent of the total amount appropriated in the fiscal year for grants pursuant to this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands each shall be allocated 0.25 percent.
  • 34 U.S.C. § 30102(a)(2)
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    (2) to provide training and education for Federal, State, and local law enforcement personnel and prosecutors regarding investigations, forensic analyses, and prosecutions of computer-related crime (including cyberterrorism);
  • 34 U.S.C. § 30102(a)(3)
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    (3) to assist Federal, State, and local law enforcement in enforcing Federal, State, and local criminal laws relating to computer-related crime;
  • 34 U.S.C. § 30102(a)(4)
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    (4) to facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer-related crime with State and local law enforcement personnel and prosecutors, including the use of multijurisdictional task forces; and
  • 34 U.S.C. § 30103(b)
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    (b) The Office of Justice Programs of the Department of Justice may make grants to eligible State or local law enforcement entities, including law enforcement agencies of municipal governments and public educational institutions, for training, prevention, enforcement, and prosecution of intellectual property theft and infringement crimes (in this subsection referred to as “IP–TIC grants”), in accordance with the following:
    (1) IP–TIC grants may be used to establish and develop programs to do the following with respect to the enforcement of State and local true name and address laws and State and local criminal laws on anti-infringement, anti-counterfeiting, and unlawful acts with respect to goods by reason of their protection by a patent, trademark, service mark, trade secret, or other intellectual property right under State or Federal law:
    (A) Assist State and local law enforcement agencies in enforcing those laws, including by reimbursing State and local entities for expenses incurred in performing enforcement operations, such as overtime payments and storage fees for seized evidence.
    (B) Assist State and local law enforcement agencies in educating the public to prevent, deter, and identify violations of those laws.
    (C) Educate and train State and local law enforcement officers and prosecutors to conduct investigations and forensic analyses of evidence and prosecutions in matters involving those laws.
    (D) Establish task forces that include personnel from State or local law enforcement entities, or both, exclusively to conduct investigations and forensic analyses of evidence and prosecutions in matters involving those laws.
    (E) Assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analyses of evidence in matters involving those laws.
    (F) Facilitate and promote the sharing, with State and local law enforcement officers and prosecutors, of the expertise and information of Federal law enforcement agencies about the investigation, analysis, and prosecution of matters involving those laws and criminal infringement of copyrighted works, including the use of multijurisdictional task forces.
    (2) To be eligible to receive an IP–TIC grant, a State or local government entity shall provide to the Attorney General, in addition to the information regularly required to be provided under the Financial Guide issued by the Office of Justice Programs and any other information required of Department of Justice’s grantees—
    (A) assurances that the State in which the government entity is located has in effect laws described in paragraph (1);
    (B) an assessment of the resource needs of the State or local government entity applying for the grant, including information on the need for reimbursements of base salaries and overtime costs, storage fees, and other expenditures to improve the investigation, prevention, or enforcement of laws described in paragraph (1); and
    (C) a plan for coordinating the programs funded under this section with other federally funded technical assistance and training programs, including directly funded local programs such as the Edward Byrne Memorial Justice Assistance Grant Program authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.).1
    (3) The Federal share of an IP–TIC grant may not exceed 50 percent of the costs of the program or proposal funded by the IP–TIC grant.
    (A) There is authorized to be appropriated to carry out this subsection the sum of $25,000,000 for each of fiscal years 2009 through 2013.
    (B) Of the amount made available to carry out this subsection in any fiscal year, not more than 3 percent may be used by the Attorney General for salaries and administrative expenses.
  • 34 U.S.C. § 30103(b)(1)
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    (1) IP–TIC grants may be used to establish and develop programs to do the following with respect to the enforcement of State and local true name and address laws and State and local criminal laws on anti-infringement, anti-counterfeiting, and unlawful acts with respect to goods by reason of their protection by a patent, trademark, service mark, trade secret, or other intellectual property right under State or Federal law:
    (A) Assist State and local law enforcement agencies in enforcing those laws, including by reimbursing State and local entities for expenses incurred in performing enforcement operations, such as overtime payments and storage fees for seized evidence.
    (B) Assist State and local law enforcement agencies in educating the public to prevent, deter, and identify violations of those laws.
    (C) Educate and train State and local law enforcement officers and prosecutors to conduct investigations and forensic analyses of evidence and prosecutions in matters involving those laws.
    (D) Establish task forces that include personnel from State or local law enforcement entities, or both, exclusively to conduct investigations and forensic analyses of evidence and prosecutions in matters involving those laws.
    (E) Assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analyses of evidence in matters involving those laws.
    (F) Facilitate and promote the sharing, with State and local law enforcement officers and prosecutors, of the expertise and information of Federal law enforcement agencies about the investigation, analysis, and prosecution of matters involving those laws and criminal infringement of copyrighted works, including the use of multijurisdictional task forces.
  • 34 U.S.C. § 30103(b)(1)(A)
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    (A) Assist State and local law enforcement agencies in enforcing those laws, including by reimbursing State and local entities for expenses incurred in performing enforcement operations, such as overtime payments and storage fees for seized evidence.
  • 34 U.S.C. § 30103(b)(1)(B)
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    (B) Assist State and local law enforcement agencies in educating the public to prevent, deter, and identify violations of those laws.
  • 34 U.S.C. § 30103(b)(1)(C)
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    (C) Educate and train State and local law enforcement officers and prosecutors to conduct investigations and forensic analyses of evidence and prosecutions in matters involving those laws.
  • 34 U.S.C. § 30103(b)(1)(D)
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    (D) Establish task forces that include personnel from State or local law enforcement entities, or both, exclusively to conduct investigations and forensic analyses of evidence and prosecutions in matters involving those laws.
  • 34 U.S.C. § 30103(b)(1)(E)
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    (E) Assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analyses of evidence in matters involving those laws.
  • 34 U.S.C. § 30103(b)(1)(F)
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    (F) Facilitate and promote the sharing, with State and local law enforcement officers and prosecutors, of the expertise and information of Federal law enforcement agencies about the investigation, analysis, and prosecution of matters involving those laws and criminal infringement of copyrighted works, including the use of multijurisdictional task forces.
  • 34 U.S.C. § 30103(b)(2)
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    (2) To be eligible to receive an IP–TIC grant, a State or local government entity shall provide to the Attorney General, in addition to the information regularly required to be provided under the Financial Guide issued by the Office of Justice Programs and any other information required of Department of Justice’s grantees—
    (A) assurances that the State in which the government entity is located has in effect laws described in paragraph (1);
    (B) an assessment of the resource needs of the State or local government entity applying for the grant, including information on the need for reimbursements of base salaries and overtime costs, storage fees, and other expenditures to improve the investigation, prevention, or enforcement of laws described in paragraph (1); and
    (C) a plan for coordinating the programs funded under this section with other federally funded technical assistance and training programs, including directly funded local programs such as the Edward Byrne Memorial Justice Assistance Grant Program authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.).1
  • 34 U.S.C. § 30103(b)(2)(B)
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    (B) an assessment of the resource needs of the State or local government entity applying for the grant, including information on the need for reimbursements of base salaries and overtime costs, storage fees, and other expenditures to improve the investigation, prevention, or enforcement of laws described in paragraph (1); and
  • 34 U.S.C. § 30103(b)(2)(C)
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    (C) a plan for coordinating the programs funded under this section with other federally funded technical assistance and training programs, including directly funded local programs such as the Edward Byrne Memorial Justice Assistance Grant Program authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.).1
  • 34 U.S.C. § 30106(a)(1)
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    (1) With respect to grants issued under section 30103 of this title, the number and identity of State and local law enforcement grant applicants, the number of grants issued, the dollar value of each grant, including a break down of such value showing how the recipient used the funds, the specific purpose of each grant, and the reports from recipients of the grants on the efficacy of the program supported by the grant. The Department of Justice shall use the information provided by the grant recipients to produce a statement for each individual grant. Such statement shall state whether each grantee has accomplished the purposes of the grant as established in section 30103(b) of this title. Those grantees not in compliance with the requirements of sections 30103 to 30106 of this title shall be subject, but not limited to, sanctions as described in the Financial Guide issued by the Office of Justice Programs at the Department of Justice.
  • 34 U.S.C. § 30107(a)(2)(A)
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    (A) means a criminal offense applicable in the area under the jurisdiction of the relevant State, Indian Tribe, or unit of local government that involves the use of a computer to harass, threaten, stalk, extort, coerce, cause fear to, or intimidate an individual, or without consent distribute intimate images of an adult, except that use of a computer need not be an element of such an offense; and
  • 34 U.S.C. § 30107(a)(3)
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    (3) The terms “Indian Tribe”, “State”, “Tribal government”, and “unit of local government” have the meanings given such terms in section 12291(a) of this title, as amended by this Act.
  • 34 U.S.C. § 30107(b)
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    (b) Subject to the availability of appropriations, the Attorney General shall award grants under this section to States, Indian Tribes, and units of local government for the prevention, enforcement, and prosecution of cybercrimes against individuals.
  • 34 U.S.C. § 30107(c)(1)
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    (1) To request a grant under this section, the chief executive officer of a State, Tribal government, or unit of local government shall submit an application to the Attorney General not later than 90 days after the date on which funds to carry out this section are appropriated for a fiscal year, in such form as the Attorney General may require.
  • 34 U.S.C. § 30107(c)(2)(A)
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    (A) A certification that Federal funds made available under this section will not be used to supplant State, Tribal, or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities.
  • 34 U.S.C. § 30107(c)(2)(B)
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    (B) An assurance that, not later than 30 days before the application (or any amendment to the application) was submitted to the Attorney General, the application (or amendment) was submitted for review to the governing body of the State, Tribe, or unit of local government (or to an organization designated by that governing body).
  • 34 U.S.C. § 30107(c)(2)(F)
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    (F) A certification that the State, Tribe, or in the case of a unit of local government, the State in which the unit of local government is located, has in effect criminal laws which prohibit cybercrimes against individuals.
  • 34 U.S.C. § 30107(d)(1)
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    (1) training for State, Tribal, or local law enforcement personnel relating to cybercrimes against individuals, including—
    (A) training such personnel to identify and protect victims of cybercrimes against individuals, provided that the training is developed in collaboration with victim service providers;
    (B) training such personnel to utilize Federal, State, Tribal, local, and other resources to assist victims of cybercrimes against individuals;
    (C) training such personnel to identify and investigate cybercrimes against individuals;
    (D) training such personnel to enforce and utilize the laws that prohibit cybercrimes against individuals;
    (E) training such personnel to utilize technology to assist in the investigation of cybercrimes against individuals and enforcement of laws that prohibit such crimes; and
    (F) the payment of overtime incurred as a result of such training;
  • 34 U.S.C. § 30107(d)(1)(B)
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    (B) training such personnel to utilize Federal, State, Tribal, local, and other resources to assist victims of cybercrimes against individuals;
  • 34 U.S.C. § 30107(d)(2)
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    (2) training for State, Tribal, or local prosecutors, judges, and judicial personnel relating to cybercrimes against individuals, including—
    (A) training such personnel to identify, investigate, prosecute, or adjudicate cybercrimes against individuals;
    (B) training such personnel to utilize laws that prohibit cybercrimes against individuals;
    (C) training such personnel to utilize Federal, State, Tribal, local, and other resources to assist victims of cybercrimes against individuals; and
    (D) training such personnel to utilize technology to assist in the prosecution or adjudication of acts of cybercrimes against individuals, including the use of technology to protect victims of such crimes;
  • 34 U.S.C. § 30107(d)(2)(C)
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    (C) training such personnel to utilize Federal, State, Tribal, local, and other resources to assist victims of cybercrimes against individuals; and
  • 34 U.S.C. § 30107(d)(3)
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    (3) training for State, Tribal, or local emergency dispatch personnel relating to cybercrimes against individuals, including—
    (A) training such personnel to identify and protect victims of cybercrimes against individuals;
    (B) training such personnel to utilize Federal, State, Tribal, local, and other resources to assist victims of cybercrimes against individuals;
    (C) training such personnel to utilize technology to assist in the identification of and response to cybercrimes against individuals; and
    (D) the payment of overtime incurred as a result of such training;
  • 34 U.S.C. § 30107(d)(3)(B)
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    (B) training such personnel to utilize Federal, State, Tribal, local, and other resources to assist victims of cybercrimes against individuals;
  • 34 U.S.C. § 30107(d)(4)
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    (4) assistance to State, Tribal, or local law enforcement agencies in enforcing laws that prohibit cybercrimes against individuals, including expenses incurred in performing enforcement operations, such as overtime payments;
  • 34 U.S.C. § 30107(d)(5)
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    (5) assistance to State, Tribal, or local law enforcement agencies in educating the public in order to prevent, deter, and identify violations of laws that prohibit cybercrimes against individuals;
  • 34 U.S.C. § 30107(d)(6)
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    (6) assistance to State, Tribal, or local law enforcement agencies to support the placement of victim assistants to serve as liaisons between victims of cybercrimes against individuals and personnel of law enforcement agencies;
  • 34 U.S.C. § 30107(d)(7)
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    (7) assistance to State, Tribal, or local law enforcement agencies to establish task forces that operate solely to conduct investigations, forensic analyses of evidence, and prosecutions in matters involving cybercrimes against individuals;
  • 34 U.S.C. § 30107(d)(8)
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    (8) assistance to State, Tribal, or local law enforcement agencies and prosecutors in acquiring computers, computer equipment, and other equipment necessary to conduct investigations and forensic analysis of evidence in matters involving cybercrimes against individuals, including expenses incurred in the training, maintenance, or acquisition of technical updates necessary for the use of such equipment for the duration of a reasonable period of use of such equipment;
  • 34 U.S.C. § 30107(d)(9)
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    (9) assistance in the facilitation and promotion of sharing, with State, Tribal, and local law enforcement agencies and prosecutors, of the expertise and information of Federal law enforcement agencies about the investigation, analysis, and prosecution of matters involving laws that prohibit cybercrimes against individuals, including the use of multijurisdictional task forces; or
  • 34 U.S.C. § 30107(d)(10)
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    (10) assistance to State, Tribal, and local law enforcement and prosecutors in processing interstate extradition requests for violations of laws involving cybercrimes against individuals, including expenses incurred in the extradition of an offender from one State to another.
  • 34 U.S.C. § 30107(e)
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    (e) On the date that is 1 year after the date on which a State, Indian Tribe, or unit of local government receives a grant under this section, and annually thereafter, the chief executive officer of the State, Tribal government, or unit of local government shall submit to the Attorney General a report which contains—
    (1) a summary of the activities carried out during the previous year with any grant received under this section by such State, Indian Tribe, or unit of local government;
    (2) an evaluation of the results of such activities; and
    (3) such other information as the Attorney General may reasonably require.
  • 34 U.S.C. § 30107(e)(1)
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    (1) a summary of the activities carried out during the previous year with any grant received under this section by such State, Indian Tribe, or unit of local government;
  • 34 U.S.C. § 30108(d)(1)
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    (1) offer a comprehensive array of technical assistance and training resources to Federal, State, and local governmental agencies, community-based organizations, and other professionals and interested parties related to cybercrimes against individuals, including programs and research related to victims;
  • 34 U.S.C. § 30111
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    The Attorney General, in consultation with the Secretary of Homeland Security, the Director of the United States Secret Service, the Executive Associate Director of Homeland Security Investigations, and nongovernmental and survivor stakeholders, shall create, compile, evaluate, and disseminate materials and information, and provide the necessary training and technical assistance, to assist States and units of local government in—
  • 34 U.S.C. § 30301(1)
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    (1) 2,100,146 persons were incarcerated in the United States at the end of 2001: 1,324,465 in Federal and State prisons and 631,240 in county and local jails. In 1999, there were more than 10,000,000 separate admissions to and discharges from prisons and jails.
  • 34 U.S.C. § 30301(13)
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    (13) The high incidence of sexual assault within prisons involves actual and potential violations of the United States Constitution. In Farmer v. Brennan, 511 U.S. 825 (1994), the Supreme Court ruled that deliberate indifference to the substantial risk of sexual assault violates prisoners’ rights under the Cruel and Unusual Punishments Clause of the Eighth Amendment. The Eighth Amendment rights of State and local prisoners are protected through the Due Process Clause of the Fourteenth Amendment. Pursuant to the power of Congress under Section Five of the Fourteenth Amendment, Congress may take action to enforce those rights in States where officials have demonstrated such indifference. States that do not take basic steps to abate prison rape by adopting standards that do not generate significant additional expenditures demonstrate such indifference. Therefore, such States are not entitled to the same level of Federal benefits as other States.
  • 34 U.S.C. § 30301(14)(A)
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    (A) increases the costs incurred by Federal, State, and local jurisdictions to administer their prison systems;
  • 34 U.S.C. § 30301(15)(A)
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    (A) the costs incurred by Federal, State, and local jurisdictions to administer their prison systems;
  • 34 U.S.C. § 30302(7)
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    (7) protect the Eighth Amendment rights of Federal, State, and local prisoners;
  • 34 U.S.C. § 30303(a)(6)
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    (6) Federal, State, or local officials or facility administrators that receive a request from the Bureau under subsection (a)(4) or (5) will be required to participate in the national survey and provide access to any inmates under their legal custody.
  • 34 U.S.C. § 30303(b)(3)(B)(i)
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    (i) In carrying out the hearings required under subparagraph (A), the Panel shall request the public testimony of Federal, State, and local officials (and organizations that represent such officials), including the warden or director of each prison, who bears responsibility for the prevention, detection, and punishment of prison rape at each entity, and the head of the prison system encompassing such prison.
  • 34 U.S.C. § 30304(a)(1)
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    (1) There is established within the National Institute of Corrections a national clearinghouse for the provision of information and assistance to Federal, State, and local authorities responsible for the prevention, investigation, and punishment of instances of prison rape.
  • 34 U.S.C. § 30304(a)(2)
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    (2) The National Institute of Corrections shall conduct periodic training and education programs for Federal, State, and local authorities responsible for the prevention, investigation, and punishment of instances of prison rape.
  • 34 U.S.C. § 30305(a)
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    (a) From amounts made available for grants under this section, the Attorney General shall make grants to States to assist those States in ensuring that budgetary circumstances (such as reduced State and local spending on prisons) do not compromise efforts to protect inmates (particularly from prison rape) and to safeguard the communities to which inmates return. The purpose of grants under this section shall be to provide funds for personnel, training, technical assistance, data collection, and equipment to prevent and prosecute prisoner rape.
  • 34 U.S.C. § 30305(b)(2)(A)
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    (A) making available, to officials of State and local governments who are considering reductions to prison budgets, training and technical assistance in successful methods for moderating the growth of prison populations without compromising public safety, including successful methods used by other jurisdictions;
  • 34 U.S.C. § 30305(b)(2)(B)
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    (B) developing and utilizing analyses of prison populations and risk assessment instruments that will improve State and local governments’ understanding of risks to the community regarding release of inmates in the prison population;
  • 34 U.S.C. § 30305(b)(2)(D)
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    (D) promoting collaborative efforts, among officials of State and local governments and leaders of appropriate communities, to understand and address the effects on a community of the presence of a disproportionate number of released inmates in that community; or
  • 34 U.S.C. § 30305(d)(2)(C)(iii)
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    (iii) explain the extent to which officials (including law enforcement officials) of State and local governments and victims of crime will be consulted regarding decisions whether, or how, to moderate the growth of the State’s prison population.
  • 34 U.S.C. § 30306(d)(1)(A)
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    (A) Federal, State, and local governments; and
  • 34 U.S.C. § 30306(d)(2)(A)
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    (A) a review of existing Federal, State, and local government policies and practices with respect to the prevention, detection, and punishment of prison rape;
  • 34 U.S.C. § 30306(d)(2)(K)
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    (K) an identification of the need for additional scientific and social science research on the prevalence of prison rape in Federal, State, and local prisons;
  • 34 U.S.C. § 30306(e)(2)(B)
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    (B) the investigation and resolution of rape complaints by responsible prison authorities, local and State police, and Federal and State prosecution authorities;
  • 34 U.S.C. § 30306(e)(2)(L)(iii)
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    (iii) the resolution of prison rape complaints by prison officials and Federal, State, and local investigation and prosecution authorities; and
  • 34 U.S.C. § 30306(e)(3)
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    (3) The Commission shall not propose a recommended standard that would impose substantial additional costs compared to the costs presently expended by Federal, State, and local prison authorities.
  • 34 U.S.C. § 30306(f)
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    (f) In developing recommended national standards for enhancing the detection, prevention, reduction, and punishment of prison rape, the Commission shall consider any standards that have already been developed, or are being developed simultaneously to the deliberations of the Commission. The Commission shall consult with accreditation organizations responsible for the accreditation of Federal, State, local or private prisons, that have developed or are currently developing standards related to prison rape. The Commission will also consult with national associations representing the corrections profession that have developed or are currently developing standards related to prison rape.
  • 34 U.S.C. § 30306(h)
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    (h) The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out its duties under this section. The Commission may request the head of any State or local department or agency to furnish such information to the Commission.
  • 34 U.S.C. § 30307(a)(3)
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    (3) The Attorney General shall not establish a national standard under this section that would impose substantial additional costs compared to the costs presently expended by Federal, State, and local prison authorities. The Attorney General may, however, provide a list of improvements for consideration by correctional facilities.
  • 34 U.S.C. § 30307(a)(4)
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    (4) Within 90 days of publishing the final rule under paragraph (1), the Attorney General shall transmit the national standards adopted under such paragraph to the chief executive of each State, the head of the department of corrections of each State, and to the appropriate authorities in those units of local government who oversee operations in one or more prisons.
  • 34 U.S.C. § 30307(e)(4)
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    (4) For each fiscal year, any amount that a State receives for that fiscal year under a grant program covered by this subsection shall not be used for prison purposes (and shall be returned to the grant program if no other authorized use is available), unless the chief executive of the State submits to the Attorney General a certification that neither the State, nor any political subdivision or unit of local government within the State, is listed in a report issued by the Attorney General pursuant to section 30303(c)(2)(C) of this title.
  • 34 U.S.C. § 30307(e)(8)(C)
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    (C) The PREA Management Office shall establish a system, to be administered by the Office, for assigning certified auditors to Federal, State, and local facilities.
  • 34 U.S.C. § 30308(a)
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    (a) Notwithstanding any other provision of law, an organization responsible for the accreditation of Federal, State, local, or private prisons, jails, or other penal facilities may not receive any new Federal grants during any period in which such organization fails to meet any of the requirements of subsection (b).
  • 34 U.S.C. § 30309(3)
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    (3) The term “jail” means a confinement facility of a Federal, State, or local law enforcement agency to hold—
    (A) persons pending adjudication of criminal charges; or
    (B) persons committed to confinement after adjudication of criminal charges for sentences of 1 year or less.
  • 34 U.S.C. § 30309(6)
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    (6) The term “police lockup” means a temporary holding facility of a Federal, State, or local law enforcement agency to hold—
    (A) inmates pending bail or transport to jail;
    (B) inebriates until ready for release; or
    (C) juveniles pending parental custody or shelter placement.
  • 34 U.S.C. § 30309(7)
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    (7) The term “prison” means any confinement facility of a Federal, State, or local government, whether administered by such government or by a private organization on behalf of such government, and includes—
    (A) any local jail or police lockup; and
    (B) any juvenile facility used for the custody or care of juvenile inmates.
  • 34 U.S.C. § 30309(7)(A)
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    (A) any local jail or police lockup; and
  • 34 U.S.C. § 30501(3)
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    (3) State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias. These authorities can carry out their responsibilities more effectively with greater Federal assistance.
  • 34 U.S.C. § 30501(9)
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    (9) Federal jurisdiction over certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes.
  • 34 U.S.C. § 30501(10)
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    (10) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal assistance to States, local jurisdictions, and Indian tribes.
  • 34 U.S.C. § 30503(a)(1)
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    (1) At the request of a State, local, or tribal law enforcement agency, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that—
    (A) constitutes a crime of violence;
    (B) constitutes a felony under the State, local, or tribal laws; and
    (C) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or tribal hate crime laws.
  • 34 U.S.C. § 30503(a)(1)(B)
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    (B) constitutes a felony under the State, local, or tribal laws; and
  • 34 U.S.C. § 30503(a)(1)(C)
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    (C) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or tribal hate crime laws.
  • 34 U.S.C. § 30503(b)(1)
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    (1) The Attorney General may award grants to State, local, and tribal law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes.
  • 34 U.S.C. § 30503(b)(2)
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    (2) In implementing the grant program under this subsection, the Office of Justice Programs shall work closely with grantees to ensure that the concerns and needs of all affected parties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants.
  • 34 U.S.C. § 30503(b)(3)(A)
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    (A) Each State, local, and tribal law enforcement agency that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require.
  • 34 U.S.C. § 30503(b)(3)(C)
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    (C) A State, local, and tribal law enforcement agency applying for a grant under this subsection shall—
    (i) describe the extraordinary purposes for which the grant is needed;
    (ii) certify that the State, local government, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime;
    (iii) demonstrate that, in developing a plan to implement the grant, the State, local, and tribal law enforcement agency has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of hate crimes; and
    (iv) certify that any Federal funds received under this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection.
  • 34 U.S.C. § 30503(b)(3)(C)(ii)
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    (ii) certify that the State, local government, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime;
  • 34 U.S.C. § 30503(b)(3)(C)(iii)
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    (iii) demonstrate that, in developing a plan to implement the grant, the State, local, and tribal law enforcement agency has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of hate crimes; and
  • 34 U.S.C. § 30504(a)
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    (a) The Office of Justice Programs of the Department of Justice may award grants, in accordance with such regulations as the Attorney General may prescribe, to State, local, or tribal programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, investigating, prosecuting, and preventing hate crimes.
  • 34 U.S.C. § 30507(b)(5)
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    (5) However, a complete understanding of the national problem posed by hate crimes is hindered by incomplete data from Federal, State, and local jurisdictions through the Uniform Crime Reports program authorized under section 534 of title 28 and administered by the Federal Bureau of Investigation.
  • 34 U.S.C. § 30507(b)(6)
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    (6) Multiple factors contribute to the provision of inaccurate and incomplete data regarding the incidence of hate crime through the Uniform Crime Reports program. A significant contributing factor is the quality and quantity of training that State and local law enforcement agencies receive on the identification and reporting of suspected bias-motivated crimes.
  • 34 U.S.C. § 30507(b)(7)
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    (7) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal financial assistance to States and local jurisdictions.
  • 34 U.S.C. § 30507(b)(8)
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    (8) Federal financial assistance with regard to certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes.
  • 34 U.S.C. § 30507(c)(2)(A)
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    (A) a law enforcement agency of a unit of local government that serves a population of not less than 100,000, as computed by the Federal Bureau of Investigation; or
  • 34 U.S.C. § 30507(c)(2)(B)
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    (B) a law enforcement agency of a unit of local government that—
    (i) serves a population of not less than 50,000 and less than 100,000, as computed by the Federal Bureau of Investigation; and
    (ii) has reported no hate crimes through the Uniform Crime Reports program in each of the 3 most recent calendar years for which such data is available.
  • 34 U.S.C. § 30507(c)(5)
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    (5) The term “unit of local government” has the meaning given the term in section 10251 of this title.
  • 34 U.S.C. § 30507(d)(1)(A)
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    (A) The Attorney General may make grants to States and units of local government to assist the State or unit of local government in implementing the National Incident-Based Reporting System, including to train employees in identifying and classifying hate crimes in the National Incident-Based Reporting System.
  • 34 U.S.C. § 30507(d)(1)(B)
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    (B) In making grants under subparagraph (A), the Attorney General shall give priority to States and units of local government that develop and implement the programs and activities described in subsection (f)(2)(A).
  • 34 U.S.C. § 30507(d)(2)(A)(i)
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    (i) Except as provided in clause (ii), in each fiscal year beginning after the date that is 3 years after the date on which a State or unit of local government first receives a grant under paragraph (1), the State or unit of local government shall provide to the Attorney General, through the Uniform Crime Reporting system, information pertaining to hate crimes committed in that jurisdiction during the preceding fiscal year.
  • 34 U.S.C. § 30507(d)(2)(A)(ii)(I)
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    (I) may provide a 120-day extension to a State or unit of local government that is making good faith efforts to comply with clause (i); and
  • 34 U.S.C. § 30507(d)(2)(A)(ii)(II)
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    (II) shall waive the requirements of clause (i) if compliance with that subparagraph by a State or unit of local government would be unconstitutional under the constitution of the State or of the State in which the unit of local government is located, respectively.
  • 34 U.S.C. § 30507(d)(2)(B)
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    (B) If a State or unit of local government that receives a grant under paragraph (1) fails to substantially comply with subparagraph (A) of this paragraph, the State or unit of local government shall repay the grant in full, plus reasonable interest and penalty charges allowable by law or established by the Attorney General.
  • 34 U.S.C. § 30507(e)(2)(A)(ii)
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    (ii) local support services;
  • 34 U.S.C. § 30507(e)(2)(C)(i)
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    (i) applicable Federal, State, and local hate crime laws; and
  • 34 U.S.C. § 30507(e)(2)(C)(ii)
    Go to provision →
    (ii) local law enforcement resources and applicable local support services; and
  • 34 U.S.C. § 30507(f)(1)(B)(ii)
    Go to provision →
    (ii) a unit of local government that has a priority agency.
  • 34 U.S.C. § 30507(f)(2)(A)(iv)(II)
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    (II) conducting public meetings or educational forums on the impact of hate crimes, services available to hate crime victims, and the relevant Federal, State, and local laws pertaining to hate crimes; and
  • 34 U.S.C. § 30507(f)(2)(B)
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    (B) A State that receives a grant under subparagraph (A) may award a subgrant to a unit of local government within the State for the purposes under that subparagraph, except that a unit of local government may provide funding from such a subgrant to any law enforcement agency of the unit of local government.
  • 34 U.S.C. § 30507(f)(3)(A)
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    (A) For each fiscal year in which a State or unit of local government receives a grant or subgrant under paragraph (2), the State or unit of local government shall—
    (i) collect information from each law enforcement agency that receives funding from the grant or subgrant summarizing the law enforcement activities or crime reduction programs conducted by the agency to prevent, address, or otherwise respond to hate crime, particularly as those activities or programs relate to reporting hate crimes through the Uniform Crime Reports program; and
    (ii) submit to the Attorney General a report containing the information collected under clause (i).
  • 34 U.S.C. § 30507(f)(3)(B)(i)
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    (i) In collecting the information required under subparagraph (A)(i), a State or unit of local government shall require each law enforcement agency that receives funding from a grant or subgrant awarded to the State or unit of local government under paragraph (2) to submit a semiannual report to the State or unit of local government that includes a summary of the law enforcement activities or crime reduction programs conducted by the agency during the reporting period to prevent, address, or otherwise respond to hate crime, particularly as those activities or programs relate to reporting hate crimes through the Uniform Crime Reports program.
  • 34 U.S.C. § 30507(f)(3)(B)(ii)(IV)(bb)
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    (bb) conducting public meetings or educational forums on the impact of hate crime, services available to hate crime victims, and the relevant Federal, State, and local laws pertaining to hate crime; and
  • 34 U.S.C. § 30507(f)(4)(A)
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    (A) Except as provided in subparagraph (B), beginning not later than 1 year after May 20, 2021, a State or unit of local government receiving a grant or subgrant under paragraph (2) shall comply with paragraph (3).
  • 34 U.S.C. § 30507(f)(4)(B)(i)
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    (i) may provide a 120-day extension to a State or unit of local government that is making good faith efforts to collect the information required under paragraph (3); and
  • 34 U.S.C. § 30507(f)(4)(B)(ii)
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    (ii) shall waive the requirements of paragraph (3) for a State or unit of local government if compliance with that subsection by the State or unit of local government would be unconstitutional under the constitution of the State or of the State in which the unit of local government is located, respectively.
  • 34 U.S.C. § 30507(g)(1)(A)
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    (A) collect and analyze the information provided by States and units of local government under subsection (f) for the purpose of developing policies related to the provision of accurate data obtained under the Hate Crime Statistics Act (Public Law 101–275; 28 U.S.C. 534 note)1 by the Federal Bureau of Investigation; and
  • 34 U.S.C. § 30507(g)(2)(B)(iv)(II)
    Go to provision →
    (II) conducting public meetings or educational forums on the impact of hate crime, services available to hate crime victims, and the relevant Federal, State, and local laws pertaining to hate crime; and

Citations to §30502(4)

  • 34 U.S.C. § 30101(a)
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    (a) Subject to the availability of amounts provided in advance in appropriations Acts, the Office of Justice Programs shall make a grant to each State, which shall be used by the State, in conjunction with units of local government, State and local courts, other States, or combinations thereof in accordance with subsection (b).
  • 34 U.S.C. § 30101(b)(1)
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    (1) assist State and local law enforcement agencies in enforcing State and local criminal laws relating to computer crime, including infringement of copyrighted works over the Internet;
  • 34 U.S.C. § 30101(b)(2)
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    (2) assist State and local law enforcement agencies in educating the public to prevent and identify computer crime, including infringement of copyrighted works over the Internet;
  • 34 U.S.C. § 30101(b)(3)
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    (3) educate and train State and local law enforcement officers and prosecutors to conduct investigations and forensic analyses of evidence and prosecutions of computer crime, including infringement of copyrighted works over the Internet;
  • 34 U.S.C. § 30101(b)(4)
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    (4) assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analysis of evidence of computer crimes; and
  • 34 U.S.C. § 30101(b)(5)
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    (5) facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer crimes with State and local law enforcement officers and prosecutors, including the use of multijurisdictional task forces.
  • 34 U.S.C. § 30101(c)
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    (c) To be eligible to receive a grant under this section, a State shall provide assurances to the Attorney General that the State—
    (1) has in effect laws that penalize computer crime, such as criminal laws prohibiting—
    (A) fraudulent schemes executed by means of a computer system or network;
    (B) the unlawful damaging, destroying, altering, deleting, removing of computer software, or data contained in a computer, computer system, computer program, or computer network; or
    (C) the unlawful interference with the operation of or denial of access to a computer, computer program, computer system, or computer network;
    (2) an assessment of the State and local resource needs, including criminal justice resources being devoted to the investigation and enforcement of computer crime laws; and
    (3) a plan for coordinating the programs funded under this section with other federally funded technical assistant and training programs, including directly funded local programs such as the Local Law Enforcement Block Grant program (described under the heading “Violent Crime Reduction Programs, State and Local Law Enforcement Assistance” of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105–119)).
  • 34 U.S.C. § 30101(c)(2)
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    (2) an assessment of the State and local resource needs, including criminal justice resources being devoted to the investigation and enforcement of computer crime laws; and
  • 34 U.S.C. § 30101(c)(3)
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    (3) a plan for coordinating the programs funded under this section with other federally funded technical assistant and training programs, including directly funded local programs such as the Local Law Enforcement Block Grant program (described under the heading “Violent Crime Reduction Programs, State and Local Law Enforcement Assistance” of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105–119)).
  • 34 U.S.C. § 30101(e)(3)
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    (3) Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this section have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this section not less than 0.75 percent of the total amount appropriated in the fiscal year for grants pursuant to this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands each shall be allocated 0.25 percent.
  • 34 U.S.C. § 30102(a)(2)
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    (2) to provide training and education for Federal, State, and local law enforcement personnel and prosecutors regarding investigations, forensic analyses, and prosecutions of computer-related crime (including cyberterrorism);
  • 34 U.S.C. § 30102(a)(3)
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    (3) to assist Federal, State, and local law enforcement in enforcing Federal, State, and local criminal laws relating to computer-related crime;
  • 34 U.S.C. § 30102(a)(4)
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    (4) to facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer-related crime with State and local law enforcement personnel and prosecutors, including the use of multijurisdictional task forces; and
  • 34 U.S.C. § 30103(b)
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    (b) The Office of Justice Programs of the Department of Justice may make grants to eligible State or local law enforcement entities, including law enforcement agencies of municipal governments and public educational institutions, for training, prevention, enforcement, and prosecution of intellectual property theft and infringement crimes (in this subsection referred to as “IP–TIC grants”), in accordance with the following:
    (1) IP–TIC grants may be used to establish and develop programs to do the following with respect to the enforcement of State and local true name and address laws and State and local criminal laws on anti-infringement, anti-counterfeiting, and unlawful acts with respect to goods by reason of their protection by a patent, trademark, service mark, trade secret, or other intellectual property right under State or Federal law:
    (A) Assist State and local law enforcement agencies in enforcing those laws, including by reimbursing State and local entities for expenses incurred in performing enforcement operations, such as overtime payments and storage fees for seized evidence.
    (B) Assist State and local law enforcement agencies in educating the public to prevent, deter, and identify violations of those laws.
    (C) Educate and train State and local law enforcement officers and prosecutors to conduct investigations and forensic analyses of evidence and prosecutions in matters involving those laws.
    (D) Establish task forces that include personnel from State or local law enforcement entities, or both, exclusively to conduct investigations and forensic analyses of evidence and prosecutions in matters involving those laws.
    (E) Assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analyses of evidence in matters involving those laws.
    (F) Facilitate and promote the sharing, with State and local law enforcement officers and prosecutors, of the expertise and information of Federal law enforcement agencies about the investigation, analysis, and prosecution of matters involving those laws and criminal infringement of copyrighted works, including the use of multijurisdictional task forces.
    (2) To be eligible to receive an IP–TIC grant, a State or local government entity shall provide to the Attorney General, in addition to the information regularly required to be provided under the Financial Guide issued by the Office of Justice Programs and any other information required of Department of Justice’s grantees—
    (A) assurances that the State in which the government entity is located has in effect laws described in paragraph (1);
    (B) an assessment of the resource needs of the State or local government entity applying for the grant, including information on the need for reimbursements of base salaries and overtime costs, storage fees, and other expenditures to improve the investigation, prevention, or enforcement of laws described in paragraph (1); and
    (C) a plan for coordinating the programs funded under this section with other federally funded technical assistance and training programs, including directly funded local programs such as the Edward Byrne Memorial Justice Assistance Grant Program authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.).1
    (3) The Federal share of an IP–TIC grant may not exceed 50 percent of the costs of the program or proposal funded by the IP–TIC grant.
    (A) There is authorized to be appropriated to carry out this subsection the sum of $25,000,000 for each of fiscal years 2009 through 2013.
    (B) Of the amount made available to carry out this subsection in any fiscal year, not more than 3 percent may be used by the Attorney General for salaries and administrative expenses.
  • 34 U.S.C. § 30103(b)(1)
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    (1) IP–TIC grants may be used to establish and develop programs to do the following with respect to the enforcement of State and local true name and address laws and State and local criminal laws on anti-infringement, anti-counterfeiting, and unlawful acts with respect to goods by reason of their protection by a patent, trademark, service mark, trade secret, or other intellectual property right under State or Federal law:
    (A) Assist State and local law enforcement agencies in enforcing those laws, including by reimbursing State and local entities for expenses incurred in performing enforcement operations, such as overtime payments and storage fees for seized evidence.
    (B) Assist State and local law enforcement agencies in educating the public to prevent, deter, and identify violations of those laws.
    (C) Educate and train State and local law enforcement officers and prosecutors to conduct investigations and forensic analyses of evidence and prosecutions in matters involving those laws.
    (D) Establish task forces that include personnel from State or local law enforcement entities, or both, exclusively to conduct investigations and forensic analyses of evidence and prosecutions in matters involving those laws.
    (E) Assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analyses of evidence in matters involving those laws.
    (F) Facilitate and promote the sharing, with State and local law enforcement officers and prosecutors, of the expertise and information of Federal law enforcement agencies about the investigation, analysis, and prosecution of matters involving those laws and criminal infringement of copyrighted works, including the use of multijurisdictional task forces.
  • 34 U.S.C. § 30103(b)(1)(A)
    Go to provision →
    (A) Assist State and local law enforcement agencies in enforcing those laws, including by reimbursing State and local entities for expenses incurred in performing enforcement operations, such as overtime payments and storage fees for seized evidence.
  • 34 U.S.C. § 30103(b)(1)(B)
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    (B) Assist State and local law enforcement agencies in educating the public to prevent, deter, and identify violations of those laws.
  • 34 U.S.C. § 30103(b)(1)(C)
    Go to provision →
    (C) Educate and train State and local law enforcement officers and prosecutors to conduct investigations and forensic analyses of evidence and prosecutions in matters involving those laws.
  • 34 U.S.C. § 30103(b)(1)(D)
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    (D) Establish task forces that include personnel from State or local law enforcement entities, or both, exclusively to conduct investigations and forensic analyses of evidence and prosecutions in matters involving those laws.
  • 34 U.S.C. § 30103(b)(1)(E)
    Go to provision →
    (E) Assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analyses of evidence in matters involving those laws.
  • 34 U.S.C. § 30103(b)(1)(F)
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    (F) Facilitate and promote the sharing, with State and local law enforcement officers and prosecutors, of the expertise and information of Federal law enforcement agencies about the investigation, analysis, and prosecution of matters involving those laws and criminal infringement of copyrighted works, including the use of multijurisdictional task forces.
  • 34 U.S.C. § 30103(b)(2)
    Go to provision →
    (2) To be eligible to receive an IP–TIC grant, a State or local government entity shall provide to the Attorney General, in addition to the information regularly required to be provided under the Financial Guide issued by the Office of Justice Programs and any other information required of Department of Justice’s grantees—
    (A) assurances that the State in which the government entity is located has in effect laws described in paragraph (1);
    (B) an assessment of the resource needs of the State or local government entity applying for the grant, including information on the need for reimbursements of base salaries and overtime costs, storage fees, and other expenditures to improve the investigation, prevention, or enforcement of laws described in paragraph (1); and
    (C) a plan for coordinating the programs funded under this section with other federally funded technical assistance and training programs, including directly funded local programs such as the Edward Byrne Memorial Justice Assistance Grant Program authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.).1
  • 34 U.S.C. § 30103(b)(2)(A)
    Go to provision →
    (A) assurances that the State in which the government entity is located has in effect laws described in paragraph (1);
  • 34 U.S.C. § 30103(b)(2)(B)
    Go to provision →
    (B) an assessment of the resource needs of the State or local government entity applying for the grant, including information on the need for reimbursements of base salaries and overtime costs, storage fees, and other expenditures to improve the investigation, prevention, or enforcement of laws described in paragraph (1); and
  • 34 U.S.C. § 30106(a)(1)
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    (1) With respect to grants issued under section 30103 of this title, the number and identity of State and local law enforcement grant applicants, the number of grants issued, the dollar value of each grant, including a break down of such value showing how the recipient used the funds, the specific purpose of each grant, and the reports from recipients of the grants on the efficacy of the program supported by the grant. The Department of Justice shall use the information provided by the grant recipients to produce a statement for each individual grant. Such statement shall state whether each grantee has accomplished the purposes of the grant as established in section 30103(b) of this title. Those grantees not in compliance with the requirements of sections 30103 to 30106 of this title shall be subject, but not limited to, sanctions as described in the Financial Guide issued by the Office of Justice Programs at the Department of Justice.
  • 34 U.S.C. § 30107(a)(2)(A)
    Go to provision →
    (A) means a criminal offense applicable in the area under the jurisdiction of the relevant State, Indian Tribe, or unit of local government that involves the use of a computer to harass, threaten, stalk, extort, coerce, cause fear to, or intimidate an individual, or without consent distribute intimate images of an adult, except that use of a computer need not be an element of such an offense; and
  • 34 U.S.C. § 30107(a)(3)
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    (3) The terms “Indian Tribe”, “State”, “Tribal government”, and “unit of local government” have the meanings given such terms in section 12291(a) of this title, as amended by this Act.
  • 34 U.S.C. § 30107(b)
    Go to provision →
    (b) Subject to the availability of appropriations, the Attorney General shall award grants under this section to States, Indian Tribes, and units of local government for the prevention, enforcement, and prosecution of cybercrimes against individuals.
  • 34 U.S.C. § 30107(c)(1)
    Go to provision →
    (1) To request a grant under this section, the chief executive officer of a State, Tribal government, or unit of local government shall submit an application to the Attorney General not later than 90 days after the date on which funds to carry out this section are appropriated for a fiscal year, in such form as the Attorney General may require.
  • 34 U.S.C. § 30107(c)(2)(A)
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    (A) A certification that Federal funds made available under this section will not be used to supplant State, Tribal, or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities.
  • 34 U.S.C. § 30107(c)(2)(B)
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    (B) An assurance that, not later than 30 days before the application (or any amendment to the application) was submitted to the Attorney General, the application (or amendment) was submitted for review to the governing body of the State, Tribe, or unit of local government (or to an organization designated by that governing body).
  • 34 U.S.C. § 30107(c)(2)(F)
    Go to provision →
    (F) A certification that the State, Tribe, or in the case of a unit of local government, the State in which the unit of local government is located, has in effect criminal laws which prohibit cybercrimes against individuals.
  • 34 U.S.C. § 30107(d)(1)
    Go to provision →
    (1) training for State, Tribal, or local law enforcement personnel relating to cybercrimes against individuals, including—
    (A) training such personnel to identify and protect victims of cybercrimes against individuals, provided that the training is developed in collaboration with victim service providers;
    (B) training such personnel to utilize Federal, State, Tribal, local, and other resources to assist victims of cybercrimes against individuals;
    (C) training such personnel to identify and investigate cybercrimes against individuals;
    (D) training such personnel to enforce and utilize the laws that prohibit cybercrimes against individuals;
    (E) training such personnel to utilize technology to assist in the investigation of cybercrimes against individuals and enforcement of laws that prohibit such crimes; and
    (F) the payment of overtime incurred as a result of such training;
  • 34 U.S.C. § 30107(d)(1)(B)
    Go to provision →
    (B) training such personnel to utilize Federal, State, Tribal, local, and other resources to assist victims of cybercrimes against individuals;
  • 34 U.S.C. § 30107(d)(2)
    Go to provision →
    (2) training for State, Tribal, or local prosecutors, judges, and judicial personnel relating to cybercrimes against individuals, including—
    (A) training such personnel to identify, investigate, prosecute, or adjudicate cybercrimes against individuals;
    (B) training such personnel to utilize laws that prohibit cybercrimes against individuals;
    (C) training such personnel to utilize Federal, State, Tribal, local, and other resources to assist victims of cybercrimes against individuals; and
    (D) training such personnel to utilize technology to assist in the prosecution or adjudication of acts of cybercrimes against individuals, including the use of technology to protect victims of such crimes;
  • 34 U.S.C. § 30107(d)(2)(C)
    Go to provision →
    (C) training such personnel to utilize Federal, State, Tribal, local, and other resources to assist victims of cybercrimes against individuals; and
  • 34 U.S.C. § 30107(d)(3)
    Go to provision →
    (3) training for State, Tribal, or local emergency dispatch personnel relating to cybercrimes against individuals, including—
    (A) training such personnel to identify and protect victims of cybercrimes against individuals;
    (B) training such personnel to utilize Federal, State, Tribal, local, and other resources to assist victims of cybercrimes against individuals;
    (C) training such personnel to utilize technology to assist in the identification of and response to cybercrimes against individuals; and
    (D) the payment of overtime incurred as a result of such training;
  • 34 U.S.C. § 30107(d)(3)(B)
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    (B) training such personnel to utilize Federal, State, Tribal, local, and other resources to assist victims of cybercrimes against individuals;
  • 34 U.S.C. § 30107(d)(4)
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    (4) assistance to State, Tribal, or local law enforcement agencies in enforcing laws that prohibit cybercrimes against individuals, including expenses incurred in performing enforcement operations, such as overtime payments;
  • 34 U.S.C. § 30107(d)(5)
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    (5) assistance to State, Tribal, or local law enforcement agencies in educating the public in order to prevent, deter, and identify violations of laws that prohibit cybercrimes against individuals;
  • 34 U.S.C. § 30107(d)(6)
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    (6) assistance to State, Tribal, or local law enforcement agencies to support the placement of victim assistants to serve as liaisons between victims of cybercrimes against individuals and personnel of law enforcement agencies;
  • 34 U.S.C. § 30107(d)(7)
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    (7) assistance to State, Tribal, or local law enforcement agencies to establish task forces that operate solely to conduct investigations, forensic analyses of evidence, and prosecutions in matters involving cybercrimes against individuals;
  • 34 U.S.C. § 30107(d)(8)
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    (8) assistance to State, Tribal, or local law enforcement agencies and prosecutors in acquiring computers, computer equipment, and other equipment necessary to conduct investigations and forensic analysis of evidence in matters involving cybercrimes against individuals, including expenses incurred in the training, maintenance, or acquisition of technical updates necessary for the use of such equipment for the duration of a reasonable period of use of such equipment;
  • 34 U.S.C. § 30107(d)(9)
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    (9) assistance in the facilitation and promotion of sharing, with State, Tribal, and local law enforcement agencies and prosecutors, of the expertise and information of Federal law enforcement agencies about the investigation, analysis, and prosecution of matters involving laws that prohibit cybercrimes against individuals, including the use of multijurisdictional task forces; or
  • 34 U.S.C. § 30107(d)(10)
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    (10) assistance to State, Tribal, and local law enforcement and prosecutors in processing interstate extradition requests for violations of laws involving cybercrimes against individuals, including expenses incurred in the extradition of an offender from one State to another.
  • 34 U.S.C. § 30107(e)
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    (e) On the date that is 1 year after the date on which a State, Indian Tribe, or unit of local government receives a grant under this section, and annually thereafter, the chief executive officer of the State, Tribal government, or unit of local government shall submit to the Attorney General a report which contains—
    (1) a summary of the activities carried out during the previous year with any grant received under this section by such State, Indian Tribe, or unit of local government;
    (2) an evaluation of the results of such activities; and
    (3) such other information as the Attorney General may reasonably require.
  • 34 U.S.C. § 30107(e)(1)
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    (1) a summary of the activities carried out during the previous year with any grant received under this section by such State, Indian Tribe, or unit of local government;
  • 34 U.S.C. § 30108(d)(1)
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    (1) offer a comprehensive array of technical assistance and training resources to Federal, State, and local governmental agencies, community-based organizations, and other professionals and interested parties related to cybercrimes against individuals, including programs and research related to victims;
  • 34 U.S.C. § 30109(c)(2)
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    (2) to the extent feasible, within the category established under paragraph (1), establish subcategories for each type of cybercrime against individuals that is an offense under Federal or State law;
  • 34 U.S.C. § 30109(c)(4)
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    (4) classify each type of cybercrime against individuals that is an offense under Federal or State law as a Group A offense for the purpose of the National Incident-Based Reporting System.
  • 34 U.S.C. § 30111
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    The Attorney General, in consultation with the Secretary of Homeland Security, the Director of the United States Secret Service, the Executive Associate Director of Homeland Security Investigations, and nongovernmental and survivor stakeholders, shall create, compile, evaluate, and disseminate materials and information, and provide the necessary training and technical assistance, to assist States and units of local government in—
  • 34 U.S.C. § 30301(1)
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    (1) 2,100,146 persons were incarcerated in the United States at the end of 2001: 1,324,465 in Federal and State prisons and 631,240 in county and local jails. In 1999, there were more than 10,000,000 separate admissions to and discharges from prisons and jails.
  • 34 U.S.C. § 30301(3)
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    (3) Inmates with mental illness are at increased risk of sexual victimization. America’s jails and prisons house more mentally ill individuals than all of the Nation’s psychiatric hospitals combined. As many as 16 percent of inmates in State prisons and jails, and 7 percent of Federal inmates, suffer from mental illness.
  • 34 U.S.C. § 30301(7)
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    (7) HIV and AIDS are major public health problems within America’s correctional facilities. In 2000, 25,088 inmates in Federal and State prisons were known to be infected with HIV/AIDS. In 2000, HIV/AIDS accounted for more than 6 percent of all deaths in Federal and State prisons. Infection rates for other sexually transmitted diseases, tuberculosis, and hepatitis B and C are also far greater for prisoners than for the American population as a whole. Prison rape undermines the public health by contributing to the spread of these diseases, and often giving a potential death sentence to its victims.
  • 34 U.S.C. § 30301(13)
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    (13) The high incidence of sexual assault within prisons involves actual and potential violations of the United States Constitution. In Farmer v. Brennan, 511 U.S. 825 (1994), the Supreme Court ruled that deliberate indifference to the substantial risk of sexual assault violates prisoners’ rights under the Cruel and Unusual Punishments Clause of the Eighth Amendment. The Eighth Amendment rights of State and local prisoners are protected through the Due Process Clause of the Fourteenth Amendment. Pursuant to the power of Congress under Section Five of the Fourteenth Amendment, Congress may take action to enforce those rights in States where officials have demonstrated such indifference. States that do not take basic steps to abate prison rape by adopting standards that do not generate significant additional expenditures demonstrate such indifference. Therefore, such States are not entitled to the same level of Federal benefits as other States.
  • 34 U.S.C. § 30301(14)
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    (14) The high incidence of prison rape undermines the effectiveness and efficiency of United States Government expenditures through grant programs such as those dealing with health care; mental health care; disease prevention; crime prevention, investigation, and prosecution; prison construction, maintenance, and operation; race relations; poverty; unemployment and homelessness. The effectiveness and efficiency of these federally funded grant programs are compromised by the failure of State officials to adopt policies and procedures that reduce the incidence of prison rape in that the high incidence of prison rape—
    (A) increases the costs incurred by Federal, State, and local jurisdictions to administer their prison systems;
    (B) increases the levels of violence, directed at inmates and at staff, within prisons;
    (C) increases health care expenditures, both inside and outside of prison systems, and reduces the effectiveness of disease prevention programs by substantially increasing the incidence and spread of HIV, AIDS, tuberculosis, hepatitis B and C, and other diseases;
    (D) increases mental health care expenditures, both inside and outside of prison systems, by substantially increasing the rate of post-traumatic stress disorder, depression, suicide, and the exacerbation of existing mental illnesses among current and former inmates;
    (E) increases the risks of recidivism, civil strife, and violent crime by individuals who have been brutalized by prison rape; and
    (F) increases the level of interracial tensions and strife within prisons and, upon release of perpetrators and victims, in the community at large.
  • 34 U.S.C. § 30301(14)(A)
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    (A) increases the costs incurred by Federal, State, and local jurisdictions to administer their prison systems;
  • 34 U.S.C. § 30301(15)(A)
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    (A) the costs incurred by Federal, State, and local jurisdictions to administer their prison systems;
  • 34 U.S.C. § 30302(7)
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    (7) protect the Eighth Amendment rights of Federal, State, and local prisoners;
  • 34 U.S.C. § 30303(a)(4)
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    (4) The review and analysis under paragraph (1) shall be based on a random sample, or other scientifically appropriate sample, of not less than 10 percent of all Federal, State, and county prisons, and a representative sample of municipal prisons. The selection shall include at least one prison from each State. The selection of facilities for sampling shall be made at the latest practicable date prior to conducting the surveys and shall not be disclosed to any facility or prison system official prior to the time period studied in the survey. Selection of a facility for sampling during any year shall not preclude its selection for sampling in any subsequent year.
  • 34 U.S.C. § 30303(a)(5)
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    (5) In carrying out the review and analysis under paragraph (1), the Bureau shall, in addition to such other methods as the Bureau considers appropriate, use surveys and other statistical studies of current and former inmates from a sample of Federal, State, county, and municipal prisons. The Bureau shall ensure the confidentiality of each survey participant, except as authorized in paragraph (7).
  • 34 U.S.C. § 30303(a)(6)
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    (6) Federal, State, or local officials or facility administrators that receive a request from the Bureau under subsection (a)(4) or (5) will be required to participate in the national survey and provide access to any inmates under their legal custody.
  • 34 U.S.C. § 30303(a)(7)
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    (7) Nothing in section 10134 or 10231 of this title or any other provision of law, including paragraph (5), shall prevent the Bureau (including its agents), in carrying out the review and analysis under paragraph (1), from reporting to the designated public officials such information (and only such information) regarding child abuse or child neglect with respect to which the statutes or regulations of a State (or a political subdivision thereof) require prompt reporting.
  • 34 U.S.C. § 30303(b)(3)(A)
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    (A) The duty of the Panel shall be to carry out, for each calendar year, public hearings concerning the operation of the three prisons with the highest incidence of prison rape and the two prisons with the lowest incidence of prison rape in each category of facilities identified under subsection (c)(4). The Panel shall hold a separate hearing regarding the three Federal or State prisons with the highest incidence of prison rape. The purpose of these hearings shall be to collect evidence to aid in the identification of common characteristics of both victims and perpetrators of prison rape, and the identification of common characteristics of prisons and prison systems with a high incidence of prison rape, and the identification of common characteristics of prisons and prison systems that appear to have been successful in deterring prison rape.
  • 34 U.S.C. § 30303(b)(3)(B)(i)
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    (i) In carrying out the hearings required under subparagraph (A), the Panel shall request the public testimony of Federal, State, and local officials (and organizations that represent such officials), including the warden or director of each prison, who bears responsibility for the prevention, detection, and punishment of prison rape at each entity, and the head of the prison system encompassing such prison.
  • 34 U.S.C. § 30303(c)(2)(B)(i)
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    (i) statistical data aggregated at the Federal, State, prison system, and prison levels;
  • 34 U.S.C. § 30303(c)(3)
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    (3) In preparing the information specified in paragraph (2), the Attorney General shall use established statistical methods to adjust the data as necessary to account for differences among institutions in the representative sample, which are not related to the detection, prevention, reduction and punishment of prison rape, or which are outside the control of the State, prison, or prison system, in order to provide an accurate comparison among prisons. Such differences may include the mission, security level, size, and jurisdiction under which the prison operates. For each such adjustment made, the Attorney General shall identify and explain such adjustment in the report.
  • 34 U.S.C. § 30303(c)(4)
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    (4) The report shall divide the prisons surveyed into three categories. One category shall be composed of all Federal and State prisons. The other two categories shall be defined by the Attorney General in order to compare similar institutions.
  • 34 U.S.C. § 30304(a)(1)
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    (1) There is established within the National Institute of Corrections a national clearinghouse for the provision of information and assistance to Federal, State, and local authorities responsible for the prevention, investigation, and punishment of instances of prison rape.
  • 34 U.S.C. § 30304(a)(2)
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    (2) The National Institute of Corrections shall conduct periodic training and education programs for Federal, State, and local authorities responsible for the prevention, investigation, and punishment of instances of prison rape.
  • 34 U.S.C. § 30305(a)
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    (a) From amounts made available for grants under this section, the Attorney General shall make grants to States to assist those States in ensuring that budgetary circumstances (such as reduced State and local spending on prisons) do not compromise efforts to protect inmates (particularly from prison rape) and to safeguard the communities to which inmates return. The purpose of grants under this section shall be to provide funds for personnel, training, technical assistance, data collection, and equipment to prevent and prosecute prisoner rape.
  • 34 U.S.C. § 30305(b)(2)(A)
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    (A) making available, to officials of State and local governments who are considering reductions to prison budgets, training and technical assistance in successful methods for moderating the growth of prison populations without compromising public safety, including successful methods used by other jurisdictions;
  • 34 U.S.C. § 30305(b)(2)(B)
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    (B) developing and utilizing analyses of prison populations and risk assessment instruments that will improve State and local governments’ understanding of risks to the community regarding release of inmates in the prison population;
  • 34 U.S.C. § 30305(b)(2)(D)
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    (D) promoting collaborative efforts, among officials of State and local governments and leaders of appropriate communities, to understand and address the effects on a community of the presence of a disproportionate number of released inmates in that community; or
  • 34 U.S.C. § 30305(d)(1)
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    (1) To request a grant under this section, the chief executive of a State shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may require.
  • 34 U.S.C. § 30305(d)(2)(A)(i)
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    (i) include the certification of the chief executive that the State receiving such grant has adopted all national prison rape standards that, as of the date on which the application was submitted, have been promulgated under this chapter; or
  • 34 U.S.C. § 30305(d)(2)(A)(ii)
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    (ii) demonstrate to the Attorney General, in such manner as the Attorney General shall require, that the State receiving such grant is actively working to adopt and achieve full compliance with the national prison rape standards described in clause (i);
  • 34 U.S.C. § 30305(d)(2)(B)
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    (B) specify with particularity the preventative, prosecutorial, or administrative activities to be undertaken by the State with the amounts received under the grant; and
  • 34 U.S.C. § 30305(d)(2)(C)(i)
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    (i) review the extent of the budgetary circumstances affecting the State generally and describe how those circumstances relate to the State’s prisons;
  • 34 U.S.C. § 30305(d)(2)(C)(ii)
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    (ii) describe the rate of growth of the State’s prison population over the preceding 10 years and explain why the State may have difficulty sustaining that rate of growth; and
  • 34 U.S.C. § 30305(d)(2)(C)(iii)
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    (iii) explain the extent to which officials (including law enforcement officials) of State and local governments and victims of crime will be consulted regarding decisions whether, or how, to moderate the growth of the State’s prison population.
  • 34 U.S.C. § 30305(f)
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    (f) In this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.
  • 34 U.S.C. § 30306(d)(1)(A)
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    (A) Federal, State, and local governments; and
  • 34 U.S.C. § 30306(d)(2)(A)
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    (A) a review of existing Federal, State, and local government policies and practices with respect to the prevention, detection, and punishment of prison rape;
  • 34 U.S.C. § 30306(d)(2)(K)
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    (K) an identification of the need for additional scientific and social science research on the prevalence of prison rape in Federal, State, and local prisons;
  • 34 U.S.C. § 30306(d)(2)(N)
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    (N) an assessment of existing Federal and State systems for reporting incidents of prison rape, including an assessment of whether existing systems provide an adequate assurance of confidentiality, impartiality and the absence of reprisal.
  • 34 U.S.C. § 30306(d)(3)(A)(vi)
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    (vi) the chief executive of each State; and
  • 34 U.S.C. § 30306(d)(3)(A)(vii)
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    (vii) the head of the department of corrections of each State.
  • 34 U.S.C. § 30306(e)(2)(B)
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    (B) the investigation and resolution of rape complaints by responsible prison authorities, local and State police, and Federal and State prosecution authorities;
  • 34 U.S.C. § 30306(e)(2)(L)(iii)
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    (iii) the resolution of prison rape complaints by prison officials and Federal, State, and local investigation and prosecution authorities; and
  • 34 U.S.C. § 30306(e)(3)
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    (3) The Commission shall not propose a recommended standard that would impose substantial additional costs compared to the costs presently expended by Federal, State, and local prison authorities.
  • 34 U.S.C. § 30306(f)
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    (f) In developing recommended national standards for enhancing the detection, prevention, reduction, and punishment of prison rape, the Commission shall consider any standards that have already been developed, or are being developed simultaneously to the deliberations of the Commission. The Commission shall consult with accreditation organizations responsible for the accreditation of Federal, State, local or private prisons, that have developed or are currently developing standards related to prison rape. The Commission will also consult with national associations representing the corrections profession that have developed or are currently developing standards related to prison rape.
  • 34 U.S.C. § 30306(h)
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    (h) The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out its duties under this section. The Commission may request the head of any State or local department or agency to furnish such information to the Commission.
  • 34 U.S.C. § 30307(a)(3)
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    (3) The Attorney General shall not establish a national standard under this section that would impose substantial additional costs compared to the costs presently expended by Federal, State, and local prison authorities. The Attorney General may, however, provide a list of improvements for consideration by correctional facilities.
  • 34 U.S.C. § 30307(a)(4)
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    (4) Within 90 days of publishing the final rule under paragraph (1), the Attorney General shall transmit the national standards adopted under such paragraph to the chief executive of each State, the head of the department of corrections of each State, and to the appropriate authorities in those units of local government who oversee operations in one or more prisons.
  • 34 U.S.C. § 30307(e)(1)(A)(ii)
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    (ii) the program may provide amounts to States for prison purposes; and
  • 34 U.S.C. § 30307(e)(1)(B)
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    (B) For each fiscal year, the Attorney General shall prepare a list identifying each program that meets the criteria of subparagraph (A) and provide that list to each State.
  • 34 U.S.C. § 30307(e)(2)(A)
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    (A) For each fiscal year, any amount that a State would otherwise receive for prison purposes for that fiscal year under a grant program covered by this subsection shall be reduced by 5 percent, unless the chief executive officer of the State submits to the Attorney General proof of compliance with this chapter through—
    (i) a certification that the State has adopted, and is in full compliance with, the national standards described in subsection (a); or
    (ii) an assurance that the State intends to adopt and achieve full compliance with those national standards so as to ensure that a certification under clause (i) may be submitted in future years, which includes—
    (I) a commitment that not less than 5 percent of such amount shall be used for this purpose; or
    (II) a request that the Attorney General hold 5 percent of such amount in abeyance pursuant to the requirements of subparagraph (E).
  • 34 U.S.C. § 30307(e)(2)(A)(i)
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    (i) a certification that the State has adopted, and is in full compliance with, the national standards described in subsection (a); or
  • 34 U.S.C. § 30307(e)(2)(A)(ii)
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    (ii) an assurance that the State intends to adopt and achieve full compliance with those national standards so as to ensure that a certification under clause (i) may be submitted in future years, which includes—
    (I) a commitment that not less than 5 percent of such amount shall be used for this purpose; or
    (II) a request that the Attorney General hold 5 percent of such amount in abeyance pursuant to the requirements of subparagraph (E).
  • 34 U.S.C. § 30307(e)(2)(B)(i)
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    (i) A chief executive officer of a State who submits a certification under this paragraph shall also provide the Attorney General with—
    (I) a list of the prisons under the operational control of the executive branch of the State;
    (II) a list of the prisons listed under subclause (I) that were audited during the most recently concluded audit year;
    (III) all final audit reports for prisons listed under subclause (I) that were completed during the most recently concluded audit year; and
    (IV) a proposed schedule for completing an audit of all the prisons listed under subclause (I) during the following 3 audit years.
  • 34 U.S.C. § 30307(e)(2)(B)(i)(I)
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    (I) a list of the prisons under the operational control of the executive branch of the State;
  • 34 U.S.C. § 30307(e)(2)(B)(ii)
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    (ii) Beginning on the date that is 3 years after December 16, 2016, a chief executive officer of a State may submit a certification that the State is in full compliance pursuant to subparagraph (A)(i) even if a prison under the operational control of the executive branch of the State has an audit appeal pending.
  • 34 U.S.C. § 30307(e)(2)(C)(i)
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    (i) A chief executive officer of a State who submits an assurance under subparagraph (A)(ii) shall also provide the Attorney General with—
    (I) a list of the prisons under the operational control of the executive branch of the State;
    (II) a list of the prisons listed under subclause (I) that were audited during the most recently concluded audit year;
    (III) an explanation of any barriers the State faces to completing required audits;
    (IV) all final audit reports for prisons listed under subclause (I) that were completed during the most recently concluded audit year;
    (V) a proposed schedule for completing an audit of all prisons under the operational control of the executive branch of the State during the following 3 audit years; and
    (VI) an explanation of the State’s current degree of implementation of the national standards.
  • 34 U.S.C. § 30307(e)(2)(C)(i)(I)
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    (I) a list of the prisons under the operational control of the executive branch of the State;
  • 34 U.S.C. § 30307(e)(2)(C)(i)(III)
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    (III) an explanation of any barriers the State faces to completing required audits;
  • 34 U.S.C. § 30307(e)(2)(C)(i)(V)
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    (V) a proposed schedule for completing an audit of all prisons under the operational control of the executive branch of the State during the following 3 audit years; and
  • 34 U.S.C. § 30307(e)(2)(C)(i)(VI)
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    (VI) an explanation of the State’s current degree of implementation of the national standards.
  • 34 U.S.C. § 30307(e)(2)(C)(ii)
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    (ii) A chief executive officer of a State who submits an assurance under subparagraph (A)(ii)(I) shall, before receiving the applicable funds described in subparagraph (A)(ii)(I), also provide the Attorney General with a proposed plan for the expenditure of the funds during the applicable grant period.
  • 34 U.S.C. § 30307(e)(2)(C)(iii)
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    (iii) A chief executive officer of a State who submits an assurance under subparagraph (A)(ii)(I) shall, in a manner consistent with the applicable grant reporting requirements, submit to the Attorney General a detailed accounting of how the funds described in subparagraph (A) were used.
  • 34 U.S.C. § 30307(e)(2)(D)(iii)(I)
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    (I) Notwithstanding clause (ii), during the 2-year period beginning 6 years after December 16, 2016, a chief executive officer of a State who certifies that the State has audited not less than 90 percent of prisons under the operational control of the executive branch of the State may request that the Attorney General allow the chief executive officer to submit an emergency assurance in accordance with subparagraph (A)(ii) as in effect on the day before the date on which that subparagraph ceased to have effect under clause (ii) of this subparagraph.
  • 34 U.S.C. § 30307(e)(2)(E)(i)
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    (i) If the chief executive officer of a State who has submitted an assurance under subparagraph (A)(ii)(II) subsequently submits a certification under subparagraph (A)(i) during the 3-year period beginning on December 16, 2016, the Attorney General will release all funds held in abeyance under subparagraph (A)(ii)(II) to be used by the State in accordance with the conditions of the grant program for which the funds were provided.
  • 34 U.S.C. § 30307(e)(2)(E)(ii)
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    (ii) If the chief executive officer of a State who has submitted an assurance under subparagraph (A)(ii)(II) is unable to submit a certification during the 3-year period beginning on December 16, 2016, but does assure the Attorney General that ⅔ of prisons under the operational control of the executive branch of the State have been audited at least once, the Attorney General shall release all of the funds of the State held in abeyance to be used in adopting and achieving full compliance with the national standards, if the State agrees to comply with the applicable requirements in clauses (ii) and (iii) of subparagraph (C).
  • 34 U.S.C. § 30307(e)(2)(E)(iii)
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    (iii) If the chief executive officer of a State who has submitted an assurance under subparagraph (A)(ii)(II) is unable to submit a certification during the 3-year period beginning on December 16, 2016, and does not assure the Attorney General that ⅔ of prisons under the operational control of the executive branch of the State have been audited at least once, the Attorney General shall redistribute the funds of the State held in abeyance to other States to be used in accordance with the conditions of the grant program for which the funds were provided.
  • 34 U.S.C. § 30307(e)(2)(F)
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    (F) Not later than 1 year after December 16, 2016, the Attorney General shall request from each State, and make available on an appropriate Internet website, all final audit reports completed to date for prisons under the operational control of the executive branch of each State. The Attorney General shall update such website annually with reports received from States under subparagraphs (B)(i) and (C)(i).
  • 34 U.S.C. § 30307(e)(2)(G)
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    (G) Not later than 2 years after December 16, 2016, the Attorney General shall issue a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on the status of implementation of the national standards and the steps the Department, in conjunction with the States and other key stakeholders, is taking to address any unresolved implementation issues.
  • 34 U.S.C. § 30307(e)(4)
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    (4) For each fiscal year, any amount that a State receives for that fiscal year under a grant program covered by this subsection shall not be used for prison purposes (and shall be returned to the grant program if no other authorized use is available), unless the chief executive of the State submits to the Attorney General a certification that neither the State, nor any political subdivision or unit of local government within the State, is listed in a report issued by the Attorney General pursuant to section 30303(c)(2)(C) of this title.
  • 34 U.S.C. § 30307(e)(8)(A)(i)
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    (i) An individual seeking certification by the Department of Justice to serve as an auditor of prison compliance with the national standards described in subsection (a) shall, upon request, submit fingerprints in the manner determined by the Attorney General for criminal history record checks of the applicable State and Federal Bureau of Investigation repositories.
  • 34 U.S.C. § 30307(e)(8)(C)
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    (C) The PREA Management Office shall establish a system, to be administered by the Office, for assigning certified auditors to Federal, State, and local facilities.
  • 34 U.S.C. § 30308(a)
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    (a) Notwithstanding any other provision of law, an organization responsible for the accreditation of Federal, State, local, or private prisons, jails, or other penal facilities may not receive any new Federal grants during any period in which such organization fails to meet any of the requirements of subsection (b).
  • 34 U.S.C. § 30309(3)
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    (3) The term “jail” means a confinement facility of a Federal, State, or local law enforcement agency to hold—
    (A) persons pending adjudication of criminal charges; or
    (B) persons committed to confinement after adjudication of criminal charges for sentences of 1 year or less.
  • 34 U.S.C. § 30309(6)
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    (6) The term “police lockup” means a temporary holding facility of a Federal, State, or local law enforcement agency to hold—
    (A) inmates pending bail or transport to jail;
    (B) inebriates until ready for release; or
    (C) juveniles pending parental custody or shelter placement.
  • 34 U.S.C. § 30309(7)
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    (7) The term “prison” means any confinement facility of a Federal, State, or local government, whether administered by such government or by a private organization on behalf of such government, and includes—
    (A) any local jail or police lockup; and
    (B) any juvenile facility used for the custody or care of juvenile inmates.
  • 34 U.S.C. § 30501(3)
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    (3) State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias. These authorities can carry out their responsibilities more effectively with greater Federal assistance.
  • 34 U.S.C. § 30501(6)(A)
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    (A) The movement of members of targeted groups is impeded, and members of such groups are forced to move across State lines to escape the incidence or risk of such violence.
  • 34 U.S.C. § 30501(6)(C)
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    (C) Perpetrators cross State lines to commit such violence.
  • 34 U.S.C. § 30501(9)
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    (9) Federal jurisdiction over certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes.
  • 34 U.S.C. § 30501(10)
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    (10) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal assistance to States, local jurisdictions, and Indian tribes.
  • 34 U.S.C. § 30503(a)(1)
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    (1) At the request of a State, local, or tribal law enforcement agency, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that—
    (A) constitutes a crime of violence;
    (B) constitutes a felony under the State, local, or tribal laws; and
    (C) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or tribal hate crime laws.
  • 34 U.S.C. § 30503(a)(1)(B)
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    (B) constitutes a felony under the State, local, or tribal laws; and
  • 34 U.S.C. § 30503(a)(1)(C)
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    (C) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or tribal hate crime laws.
  • 34 U.S.C. § 30503(a)(2)
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    (2) In providing assistance under paragraph (1), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than one State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime.
  • 34 U.S.C. § 30503(b)(1)
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    (1) The Attorney General may award grants to State, local, and tribal law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes.
  • 34 U.S.C. § 30503(b)(3)(A)
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    (A) Each State, local, and tribal law enforcement agency that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require.
  • 34 U.S.C. § 30503(b)(3)(C)
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    (C) A State, local, and tribal law enforcement agency applying for a grant under this subsection shall—
    (i) describe the extraordinary purposes for which the grant is needed;
    (ii) certify that the State, local government, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime;
    (iii) demonstrate that, in developing a plan to implement the grant, the State, local, and tribal law enforcement agency has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of hate crimes; and
    (iv) certify that any Federal funds received under this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection.
  • 34 U.S.C. § 30503(b)(3)(C)(ii)
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    (ii) certify that the State, local government, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime;
  • 34 U.S.C. § 30503(b)(3)(C)(iii)
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    (iii) demonstrate that, in developing a plan to implement the grant, the State, local, and tribal law enforcement agency has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of hate crimes; and
  • 34 U.S.C. § 30504(a)
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    (a) The Office of Justice Programs of the Department of Justice may award grants, in accordance with such regulations as the Attorney General may prescribe, to State, local, or tribal programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, investigating, prosecuting, and preventing hate crimes.
  • 34 U.S.C. § 30507(b)(5)
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    (5) However, a complete understanding of the national problem posed by hate crimes is hindered by incomplete data from Federal, State, and local jurisdictions through the Uniform Crime Reports program authorized under section 534 of title 28 and administered by the Federal Bureau of Investigation.
  • 34 U.S.C. § 30507(b)(6)
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    (6) Multiple factors contribute to the provision of inaccurate and incomplete data regarding the incidence of hate crime through the Uniform Crime Reports program. A significant contributing factor is the quality and quantity of training that State and local law enforcement agencies receive on the identification and reporting of suspected bias-motivated crimes.
  • 34 U.S.C. § 30507(b)(7)
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    (7) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal financial assistance to States and local jurisdictions.
  • 34 U.S.C. § 30507(b)(8)
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    (8) Federal financial assistance with regard to certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes.
  • 34 U.S.C. § 30507(c)(3)
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    (3) The term “State” has the meaning given the term in section 10251 of this title.
  • 34 U.S.C. § 30507(d)(1)(A)
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    (A) The Attorney General may make grants to States and units of local government to assist the State or unit of local government in implementing the National Incident-Based Reporting System, including to train employees in identifying and classifying hate crimes in the National Incident-Based Reporting System.
  • 34 U.S.C. § 30507(d)(1)(B)
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    (B) In making grants under subparagraph (A), the Attorney General shall give priority to States and units of local government that develop and implement the programs and activities described in subsection (f)(2)(A).
  • 34 U.S.C. § 30507(d)(2)(A)(i)
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    (i) Except as provided in clause (ii), in each fiscal year beginning after the date that is 3 years after the date on which a State or unit of local government first receives a grant under paragraph (1), the State or unit of local government shall provide to the Attorney General, through the Uniform Crime Reporting system, information pertaining to hate crimes committed in that jurisdiction during the preceding fiscal year.
  • 34 U.S.C. § 30507(d)(2)(A)(ii)(I)
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    (I) may provide a 120-day extension to a State or unit of local government that is making good faith efforts to comply with clause (i); and
  • 34 U.S.C. § 30507(d)(2)(A)(ii)(II)
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    (II) shall waive the requirements of clause (i) if compliance with that subparagraph by a State or unit of local government would be unconstitutional under the constitution of the State or of the State in which the unit of local government is located, respectively.
  • 34 U.S.C. § 30507(d)(2)(B)
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    (B) If a State or unit of local government that receives a grant under paragraph (1) fails to substantially comply with subparagraph (A) of this paragraph, the State or unit of local government shall repay the grant in full, plus reasonable interest and penalty charges allowable by law or established by the Attorney General.
  • 34 U.S.C. § 30507(e)(1)(A)
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    (A) The Attorney General shall make grants to States to create State-run hate crime reporting hotlines.
  • 34 U.S.C. § 30507(e)(2)
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    (2) A State shall ensure, with respect to a hotline funded by a grant under paragraph (1), that—
    (A) the hotline directs individuals to—
    (i) law enforcement if appropriate; and
    (ii) local support services;
    (B) any personally identifiable information that an individual provides to an agency of the State through the hotline is not directly or indirectly disclosed, without the consent of the individual, to—
    (i) any other agency of that State;
    (ii) any other State;
    (iii) the Federal Government; or
    (iv) any other person or entity;
    (C) the staff members who operate the hotline are trained to be knowledgeable about—
    (i) applicable Federal, State, and local hate crime laws; and
    (ii) local law enforcement resources and applicable local support services; and
    (D) the hotline is accessible to—
    (i) individuals with limited English proficiency, where appropriate; and
    (ii) individuals with disabilities.
  • 34 U.S.C. § 30507(e)(2)(B)
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    (B) any personally identifiable information that an individual provides to an agency of the State through the hotline is not directly or indirectly disclosed, without the consent of the individual, to—
    (i) any other agency of that State;
    (ii) any other State;
    (iii) the Federal Government; or
    (iv) any other person or entity;
  • 34 U.S.C. § 30507(e)(2)(B)(i)
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    (i) any other agency of that State;
  • 34 U.S.C. § 30507(e)(2)(B)(ii)
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    (ii) any other State;
  • 34 U.S.C. § 30507(e)(2)(C)(i)
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    (i) applicable Federal, State, and local hate crime laws; and
  • 34 U.S.C. § 30507(e)(3)
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    (3) The Attorney General shall issue guidance to States on best practices for implementing the requirements of paragraph (2).
  • 34 U.S.C. § 30507(f)(1)(A)(i)
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    (i) a State law enforcement agency; and
  • 34 U.S.C. § 30507(f)(1)(B)(i)
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    (i) a State; or
  • 34 U.S.C. § 30507(f)(2)(A)(iv)(II)
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    (II) conducting public meetings or educational forums on the impact of hate crimes, services available to hate crime victims, and the relevant Federal, State, and local laws pertaining to hate crimes; and
  • 34 U.S.C. § 30507(f)(2)(B)
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    (B) A State that receives a grant under subparagraph (A) may award a subgrant to a unit of local government within the State for the purposes under that subparagraph, except that a unit of local government may provide funding from such a subgrant to any law enforcement agency of the unit of local government.
  • 34 U.S.C. § 30507(f)(3)(A)
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    (A) For each fiscal year in which a State or unit of local government receives a grant or subgrant under paragraph (2), the State or unit of local government shall—
    (i) collect information from each law enforcement agency that receives funding from the grant or subgrant summarizing the law enforcement activities or crime reduction programs conducted by the agency to prevent, address, or otherwise respond to hate crime, particularly as those activities or programs relate to reporting hate crimes through the Uniform Crime Reports program; and
    (ii) submit to the Attorney General a report containing the information collected under clause (i).
  • 34 U.S.C. § 30507(f)(3)(B)(i)
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    (i) In collecting the information required under subparagraph (A)(i), a State or unit of local government shall require each law enforcement agency that receives funding from a grant or subgrant awarded to the State or unit of local government under paragraph (2) to submit a semiannual report to the State or unit of local government that includes a summary of the law enforcement activities or crime reduction programs conducted by the agency during the reporting period to prevent, address, or otherwise respond to hate crime, particularly as those activities or programs relate to reporting hate crimes through the Uniform Crime Reports program.
  • 34 U.S.C. § 30507(f)(3)(B)(ii)(IV)(bb)
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    (bb) conducting public meetings or educational forums on the impact of hate crime, services available to hate crime victims, and the relevant Federal, State, and local laws pertaining to hate crime; and
  • 34 U.S.C. § 30507(f)(4)(A)
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    (A) Except as provided in subparagraph (B), beginning not later than 1 year after May 20, 2021, a State or unit of local government receiving a grant or subgrant under paragraph (2) shall comply with paragraph (3).
  • 34 U.S.C. § 30507(f)(4)(B)(i)
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    (i) may provide a 120-day extension to a State or unit of local government that is making good faith efforts to collect the information required under paragraph (3); and
  • 34 U.S.C. § 30507(f)(4)(B)(ii)
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    (ii) shall waive the requirements of paragraph (3) for a State or unit of local government if compliance with that subsection by the State or unit of local government would be unconstitutional under the constitution of the State or of the State in which the unit of local government is located, respectively.
  • 34 U.S.C. § 30507(g)(1)(A)
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    (A) collect and analyze the information provided by States and units of local government under subsection (f) for the purpose of developing policies related to the provision of accurate data obtained under the Hate Crime Statistics Act (Public Law 101–275; 28 U.S.C. 534 note)1 by the Federal Bureau of Investigation; and
  • 34 U.S.C. § 30507(g)(2)(A)(i)
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    (i) the number of hate crimes reported by State law enforcement agencies or other law enforcement agencies that received funding from a grant or subgrant awarded under paragraph (2) through the Uniform Crime Reports program; and
  • 34 U.S.C. § 30507(g)(2)(B)
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    (B) a quantitative analysis of the number of State law enforcement agencies and other law enforcement agencies that received funding from a grant or subgrant awarded under paragraph (2) that have—
    (i) adopted a policy on identifying, investigating, and reporting hate crimes;
    (ii) developed a standardized system of collecting, analyzing, and reporting the incidence of hate crime;
    (iii) established a unit specialized in identifying, investigating, and reporting hate crimes;
    (iv) engaged in community relations functions related to hate crime, such as—
    (I) establishing a liaison with formal community-based organizations or leaders; and
    (II) conducting public meetings or educational forums on the impact of hate crime, services available to hate crime victims, and the relevant Federal, State, and local laws pertaining to hate crime; and
    (v) conducted hate crime trainings for agency personnel during the reporting period, including—
    (I) the total number of trainings conducted by each agency; and
    (II) the duration of the trainings described in subclause (I).
  • 34 U.S.C. § 30507(g)(2)(B)(iv)(II)
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    (II) conducting public meetings or educational forums on the impact of hate crime, services available to hate crime victims, and the relevant Federal, State, and local laws pertaining to hate crime; and