
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3791]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT
 
                       SUBCHAPTER IX--DEFINITIONS
 
Sec. 3791. General provisions


(a) Definitions

    As used in this chapter--
        (1) ``criminal justice'' means activities pertaining to crime 
    prevention, control, or reduction, or the enforcement of the 
    criminal law, including, but not limited to, police efforts to 
    prevent, control, or reduce crime or to apprehend criminals, 
    including juveniles, activities of courts having criminal 
    jurisdiction, and related agencies (including but not limited to 
    prosecutorial and defender services, juvenile delinquency agencies 
    and pretrial service or release agencies), activities of 
    corrections, probation, or parole authorities and related agencies 
    assisting in the rehabilitation, supervision, and care of criminal 
    offenders, and programs relating to the prevention, control, or 
    reduction of narcotic addiction and juvenile delinquency;
        (2) ``State'' means any State of the United States, the District 
    of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, 
    American Samoa, Guam, and the Northern Mariana Islands: Provided, 
    That for the purpose of section 3756(a) of this title, American 
    Samoa and the Commonwealth of the Northern Mariana Islands shall be 
    considered as one state \1\ and that for these purposes 67 per 
    centum of the amounts allocated shall be allocated to American 
    Samoa, and 33 per centum to the Commonwealth of the Northern Mariana 
    Islands.\2\
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    \1\ So in original. Probably should be capitalized.
    \2\ So in original. The period probably should be a semicolon.
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        (3) ``unit of local government'' means--
            (A) any city, county, township, town, borough, parish, 
        village, or other general purpose political subdivision of a 
        State;
            (B) any law enforcement district or judicial enforcement 
        district that--
                (i) is established under applicable State law; and
                (ii) has the authority to, in a manner independent of 
            other State entities, establish a budget and impose taxes;

            (C) an Indian Tribe (as that term is defined in section 5603 
        of this title) that performs law enforcement functions, as 
        determined by the Secretary of the Interior; or
            (D) for the purposes of assistance eligibility, any agency 
        of the government of the District of Columbia or the Federal 
        Government that performs law enforcement functions in and for--
                (i) the District of Columbia; or
                (ii) any Trust Territory of the United States;

        (4) ``construction'' means the erection, acquisition, 
    renovation, repairs, remodeling, or expansion of new or existing 
    buildings or other physical facilities, and the acquisition or 
    installation of initial equipment therefor;
        (5) ``combination'' as applied to States or units of local 
    government means any grouping or joining together of such States or 
    units for the purpose of preparing, developing, or implementing a 
    criminal justice program or project;
        (6) ``public agency'' means any State, unit of local government, 
    combination of such States or units, or any department, agency, or 
    instrumentality of any of the foregoing;
        (7) ``correctional facility'' means any place for the 
    confinement or rehabilitation of offenders or individuals charged 
    with or convicted of criminal offenses;
        (8) ``correctional facility project'' means a project for the 
    construction, replacement, alteration or expansion of a prison or 
    jail for the purpose of relieving overcrowding or substandard 
    conditions;
        (9) ``criminal history information'' includes records and 
    related data, contained in an automated or manual criminal justice 
    informational system, compiled by law enforcement agencies for the 
    purpose of identifying criminal offenders and alleged offenders and 
    maintaining as to such persons records of arrests, the nature and 
    disposition of criminal charges, sentencing, confinement, 
    rehabilitation, and release;
        (10) ``evaluation'' means the administration and conduct of 
    studies and analyses to determine the impact and value of a project 
    or program in accomplishing the statutory objectives of this 
    chapter;
        (11) ``neighborhood or community-based organizations'' means 
    organizations which are representative of communities or significant 
    segments of communities;
        (12) ``chief executive'' means the highest official of a State 
    or local jurisdiction;
        (13) ``cost of construction'' means all expenses found by the 
    Director to be necessary for the construction of the project, 
    including architect and engineering fees, but excluding land 
    acquisition costs;
        (14) ``population'' means total resident population based on 
    data compiled by the United States Bureau of the Census and 
    referable to the same point or period in time;
        (15) ``Attorney General'' means the Attorney General of the 
    United States or his designee;
        (16) ``court of last resort'' means that State court having the 
    highest and final appellate authority of the State. In States having 
    two or more such courts, court of last resort shall mean that State 
    court, if any, having highest and final appellate authority, as well 
    as both administrative responsibility for the State's judicial 
    system and the institutions of the State judicial branch and 
    rulemaking authority. In other States having two or more courts with 
    highest and final appellate authority, court of last resort shall 
    mean the highest appellate court which also has either rulemaking 
    authority or administrative responsibility for the State's judicial 
    system and the institutions of the State judicial branch. Except as 
    used in the definition of the term ``court of last resort'' the term 
    ``court'' means a tribunal recognized as a part of the judicial 
    branch of a State or of its local government units;
        (17) ``institution of higher education'' means any such 
    institution as defined by section 1001 of title 20, subject, 
    however, to such modifications and extensions as the Office may 
    determine to be appropriate;
        (18) ``white-collar crime'' means an illegal act or series of 
    illegal acts committed by nonphysical means and by concealment or 
    guile, to obtain money or property, to avoid the payment or loss of 
    money or property, or to obtain business or personal advantage;
        (19) ``proven effectiveness'' means that a program, project, 
    approach, or practice has been shown by analysis of performance and 
    results to make a significant contribution to the accomplishment of 
    the objectives for which it was undertaken or to have a significant 
    effect in improving the condition or problem it was undertaken to 
    address;
        (20) ``record of proven success'' means that a program, project, 
    approach, or practice has been demonstrated by evaluation or by 
    analysis of performance data and information to be successful in a 
    number of jurisdictions or over a period of time in contributing to 
    the accomplishment of objectives or to improving conditions 
    identified with the problem, to which it is addressed;
        (21) ``high probability of improving the criminal justice 
    system'' means that a prudent assessment of the concepts and 
    implementation plans included in a proposed program, project, 
    approach, or practice, together with an assessment of the problem to 
    which it is addressed and of data and information bearing on the 
    problem, concept, and implementation plan, provides strong evidence 
    that the proposed activities would result in identifiable 
    improvements in the criminal justice system if implemented as 
    proposed;
        (22) ``correctional option'' includes community-based 
    incarceration, weekend incarceration, boot camp prison, electronic 
    monitoring of offenders, intensive probation, and any other 
    innovative punishment designed to have the greatest impact on 
    offenders who can be punished more effectively in an environment 
    other than a traditional correctional facility;
        (23) ``boot camp prison'' includes a correctional facility in 
    which inmates are required to participate in a highly regimented 
    program that provides strict discipline, physical training, and hard 
    labor, together with extensive rehabilitative activities and with 
    educational, job training, and drug treatment support;
        (24) the term ``young offender'' means a non-violent first-time 
    offender or a non-violent offender with a minor criminal record who 
    is 22 years of age or younger (including juveniles); and
        (25) the term ``residential substance abuse treatment program'' 
    means a course of individual and group activities, lasting between 6 
    and 12 months, in residential treatment facilities set apart from 
    the general prison population--
            (A) directed at the substance abuse problems of the 
        prisoner; and
            (B) intended to develop the prisoner's cognitive, 
        behavioral, social, vocational, and other skills so as to solve 
        the prisoner's substance abuse and related problems.

(b) Data basis for definitions; reflection of technical changes or 
        modifications

    Where appropriate, the definitions in subsection (a) of this section 
shall be based, with respect to any fiscal year, on the most recent data 
compiled by the United States Bureau of the Census and the latest 
published reports of the Office of Management and Budget available 
ninety days prior to the beginning of such fiscal year. The Office may 
by regulation change or otherwise modify the meaning of the terms 
defined in subsection (a) of this section in order to reflect any 
technical change or modification thereof made subsequent to such date by 
the United States Bureau of the Census or the Office of Management and 
Budget.

(c) Designation of public agencies for undertaking a program or project

    One or more public agencies, including existing local public 
agencies, may be designated by the chief executive officer of a State or 
a unit of local government to undertake a program or project in whole or 
in part.

(Pub. L. 90-351, title I, Sec. 901, as added Pub. L. 96-157, Sec. 2, 
Dec. 27, 1979, 93 Stat. 1216; amended Pub. L. 98-473, title II, 
Sec. 609C, Oct. 12, 1984, 98 Stat. 2096; Pub. L. 99-396, Sec. 7, Aug. 
27, 1986, 100 Stat. 839; Pub. L. 100-690, title VI, Sec. 6092(b), Nov. 
18, 1988, 102 Stat. 4339; Pub. L. 101-219, title II, Sec. 206, Dec. 12, 
1989, 103 Stat. 1874; Pub. L. 101-647, title XVIII, Sec. 1801(c), Nov. 
29, 1990, 104 Stat. 4849; Pub. L. 103-322, title II, Sec. 20201(c), 
title III, Sec. 32101(c), title XXXIII, Sec. 330001(d), (h)(13), Sept. 
13, 1994, 108 Stat. 1822, 1900, 2138, 2140; Pub. L. 105-244, title I, 
Sec. 102(a)(13)(D), Oct. 7, 1998, 112 Stat. 1620; Pub. L. 105-277, div. 
A, Sec. 101(b) [title I, Sec. 129(b)], Oct. 21, 1998, 112 Stat. 2681-50, 
2681-76.)


                            Prior Provisions

    A prior section 3791 of this title, Pub. L. 90-351, title I, 
Sec. 651, as added Pub. L. 91-644, title I, Sec. 10, Jan. 2, 1971, 84 
Stat. 1889; amended Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 218, 
related to embezzlement, theft, and fraud, prior to the general 
amendment of this chapter by Pub. L. 96-157. See section 3795 of this 
title.
    A prior section 901 of Pub. L. 90-351, title IV, June 19, 1968, 82 
Stat. 225, was classified as a note under section 921 of Title 18, 
Crimes and Criminal Procedure.
    A prior section 3792 of this title, Pub. L. 90-351, title I, 
Sec. 652, as added Pub. L. 91-644, title I, Sec. 10, Jan. 2, 1971, 84 
Stat. 1889; amended Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 218, 
related to fraudulent and false statements or entries, prior to the 
general amendment of this chapter by Pub. L. 96-157. See section 3795a 
of this title.


                               Amendments

    1998--Subsec. (a)(3). Pub. L. 105-277, which directed the general 
amendment of par. (3) of this section, was executed to subsec. (a)(3) of 
this section, to reflect the probable intent of Congress. Prior to 
amendment, subsec. (a)(3) read as follows: `` `unit of local government' 
means any city, county, township, town, borough, parish, village, or 
other general purpose political subdivision of a State, an Indian tribe 
which performs law enforcement functions as determined by the Secretary 
of the Interior, or, for the purpose of assistance eligibility, any 
agency of the District of Columbia government or the United States 
Government performing law enforcement functions in and for the District 
of Columbia, and the Trust Territory of the Pacific Islands;''.
    Subsec. (a)(17). Pub. L. 105-244, which directed amendment of par. 
(17) of this section by substituting ``1001'' for ``1141(a)'', was 
executed to subsec. (a)(17) of this section, to reflect the probable 
intent of Congress.
    1994--Subsec. (a)(3). Pub. L. 103-322, Sec. 330001(h)(13), 
substituted ``Columbia, and'' for ``Columbia and,''.
    Subsec. (a)(21). Pub. L. 103-322, Secs. 20201(c)(1), 330001(d), 
amended par. (21) identically, inserting a semicolon at end.
    Subsec. (a)(22). Pub. L. 103-322, Sec. 20201(c)(2), struck out 
``and'' at end.
    Subsec. (a)(23). Pub. L. 103-322, Sec. 32101(c)(1), which directed 
the striking out of ``and'' at end of par. (23), could not be executed 
because the word ``and'' did not appear at end of par. (23).
    Pub. L. 103-322, Sec. 20201(c)(3), substituted a semicolon for 
period at end.
    Subsec. (a)(24). Pub. L. 103-322, Sec. 32101(c)(2), substituted ``; 
and'' for period at end.
    Pub. L. 103-322, Sec. 20201(c)(4), added par. (24).
    Subsec. (a)(25). Pub. L. 103-322, Sec. 32101(c)(3), added par. (25).
    1990--Subsec. (a)(22), (23). Pub. L. 101-647 added pars. (22) and 
(23).
    1989--Subsec. (a)(2). Pub. L. 101-219 substituted ``Provided, That 
for the purpose of section 3756(a) of this title, American Samoa and the 
Commonwealth of the Northern Mariana Islands shall be considered as one 
state and that for these purposes 67 per centum of the amounts allocated 
shall be allocated to American Samoa, and 33 per centum to the 
Commonwealth of the Northern Mariana Islands.'' for ``Provided, That for 
the purposes of section 3756(a) of this title American Samoa, Guam, and 
the Northern Mariana Islands shall be considered as one State and that, 
for these purposes, 33 per centum of the amounts allocated shall be 
allocated to American Samoa, 50 per centum to Guam, and 17 per centum to 
the Northern Mariana Islands;''.
    1988--Subsec. (a)(2). Pub. L. 100-690 substituted ``section 
3756(a)'' for ``section 3747(a)''.
    1986--Subsec. (a)(2). Pub. L. 99-396, Sec. 7(1), included American 
Samoa, Guam, and the Northern Mariana Islands in definition of ``State'' 
and inserted proviso directing that for purposes of section 3747(a) of 
this title American Samoa, Guam, and the Northern Mariana Islands shall 
be considered as one State.
    Subsec. (a)(3). Pub. L. 99-396, Sec. 7(2), substituted ``and'' for 
``, Guam, American Samoa'' after ``in and for the District of Columbia'' 
and struck out ``, or the Commonwealth of the Northern Mariana Islands'' 
after ``Trust Territory of the Pacific Islands''.
    1984--Subsec. (a)(2). Pub. L. 98-473, Sec. 609C(b)(1), struck out 
references to Guam, American Samoa, the Trust Territory of the Pacific 
Islands, and the Commonwealth of the Northern Mariana Islands.
    Subsec. (a)(3). Pub. L. 98-473, Sec. 609C(b)(2), inserted references 
to Guam, American Samoa, the Trust Territory of the Pacific Islands, and 
the Commonwealth of the Northern Mariana Islands.
    Subsec. (a)(4). Pub. L. 98-473, Sec. 609C(b)(3), extended definition 
of ``construction'' to include renovation, repairs, and remodeling and 
struck out previous exclusion of such items from definition.
    Subsec. (a)(7). Pub. L. 98-473, Sec. 609C(b)(4), substituted 
``correctional facility'' for ``correctional institution or facility''.
    Subsec. (a)(8). Pub. L. 98-473, Sec. 609C(b)(5), substituted 
definition of ``correctional facility project'' for ``comprehensive''.
    Subsec. (a)(13). Pub. L. 98-473, Sec. 609C(b)(6), substituted 
definition of ``cost of construction'' for ``municipality''.
    Subsecs. (a)(17), (b). Pub. L. 98-473, Sec. 609C(a), substituted 
``Office'' for ``Administration''.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as 
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244, 
set out as a note under section 1001 of Title 20, Education.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section 
609AA(a) of Pub. L. 98-473, set out as an Effective Date note under 
section 3711 of this title.
