U.S. Code » Title 34 » Subtitle Subtitle I— Comprehensive Acts › Chapter CHAPTER 101— JUSTICE SYSTEM IMPROVEMENT › Subchapter SUBCHAPTER I— OFFICE OF JUSTICE PROGRAMS

34 U.S.C. § 10102

Duties and functions of Assistant Attorney General

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(a) Specific, general and delegated powersThe Assistant Attorney General shall—(1) publish and disseminate information on the conditions and progress of the criminal justice systems;(2) maintain liaison with the executive and judicial branches of the Federal and State governments in matters relating to criminal justice;(3) provide information to the President, the Congress, the judiciary, State and local governments, and the general public relating to criminal justice;(4) maintain liaison with public and private educational and research institutions, State and local governments, and governments of other nations relating to criminal justice;(5) coordinate and provide staff support to coordinate the activities of the Office and the Bureau of Justice Assistance, the National Institute of Justice, the Bureau of Justice Statistics, the Office for Victims of Crime, and the Office of Juvenile Justice and Delinquency Prevention; and(6) exercise such other powers and functions as may be vested in the Assistant Attorney General pursuant to this chapter or by delegation of the Attorney General, including placing special conditions on all grants, and determining priority purposes for formula grants.(b) Annual report to President and Congress

The Assistant Attorney General shall submit an annual report to the President and to the Congress not later than March 31 of each year.

(Pub. L. 90–351, title I, § 102, as added Pub. L. 98–473, title II, § 603(a), Oct. 12, 1984, 98 Stat. 2078; amended Pub. L. 107–296, title II, § 236, Nov. 25, 2002, 116 Stat. 2162; Pub. L. 109–162, title XI, § 1152, Jan. 5, 2006, 119 Stat. 3113.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (a)(6), was in the original “this title”, meaning title I of Pub. L. 90–351, as added by Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1167, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables.

Codification

Section was formerly classified to section 3712 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 102 of Pub. L. 90–351, title I, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1170, described duties and functions of Administrator of Law Enforcement Assistance Administration, prior to the general amendment of part A of title I of Pub. L. 90–351 by Pub. L. 98–473.

Amendments

2006—Subsec. (a)(5). Pub. L. 109–162, § 1152(a), inserted “the Office for Victims of Crime,” after “the Bureau of Justice Statistics,”.

Subsec. (a)(6). Pub. L. 109–162, § 1152(b), inserted “, including placing special conditions on all grants, and determining priority purposes for formula grants” before period at end.

2002—Subsec. (a)(5). Pub. L. 107–296 inserted “coordinate and” before “provide”.

Statutory Notes and Related SubsidiariesEffective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

Effective Date

Section effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as a note under section 10101 of this title.

Notes of Decisions
Cited in 25 cases (1 in the last 5 years), 2017–2021 · leading case: City of Philadelphia v. Sessions, 280 F. Supp. 3d 579 (E.D. Pa. 2017).
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City of Philadelphia v. Sessions, 280 F. Supp. 3d 579 (E.D. Pa. 2017). · cites it 12× “The first is 34 U.S.C. § 10102 (a)(6), which does not appear in the same statutory subchapter as the Byrne Program.”
City of Los Angeles v. William Barr, 941 F.3d 931 (9th Cir. 2019). · cites it 10× “Judge Wardlaw wrote that everything else that the majority wrote about 34 U.S.C. § 10102 (a)(6) was unnecessary to the decision, and dicta.”
City of Philadelphia v. Attorney Gen. United States, 916 F.3d 276 (3rd Cir. 2019). · cites it 6× “§§ 10151 - 10158 ; second , the provision defining the duties of the AAG for OJP, 34 U.S.C. § 10102 (a) ; and third , for the Certification Condition only, Section 10153(a)(5)(D) of the Byrne JAG statute.”
City of Chicago v. Jefferson B. Sessions III, 888 F.3d 272 (7th Cir. 2018). · cites it 5× “The district court noted that nothing in the Byrne JAG statute granted express authority to the Attorney General to impose the notice and access conditions, and rejected the Attorney General's claim that a provision in a different subsection, 34 U.S.C. § 10102 , could be…”
City & Cnty. of S.F. v. Sessions, 349 F. Supp. 3d 924 (N.D. Cal. 2018). · cites it 7× “at 3113, codified at 34 U.S.C. § 10102 (a)(6). San Francisco and California offer three generally overlapping arguments to contend that DOJ's conditions on Byrne JAG program funds violate the separation of powers.”
City of Chicago v. Sessions, 264 F. Supp. 3d 933 (N.D. Ill. 2017). · cites it 5× “” 34 U.S.C. § 10102 (a)(6) (formerly 42 U.S.”
City of S.F. v. Sessions, 372 F. Supp. 3d 928 (N.D. Cal. 2019). · cites it 7× “§ 10153 (a)(5)(D) and 34 U.S.C. §§ 10102 (a)(2) and (a)(6), asserts that the authority applies to the Byrne JAG program, and contends that the statutes exhibit congressional intent to allow the Assistant Attorney General ("AAG") of the Office of Justice Programs to exercise…”
City of Phila. v. Sessions, 309 F. Supp. 3d 289 (E.D. Pa. 2018). · cites it 5× “Defendant further contends that the City's ultra vires and separation of powers claims fails because the Challenged Conditions are authorized by the "capacious delegations of authority" contained in 34 U.S.C. §§ 10102 (a)(6) and 10153(a)(5)(D).”
City of Providence v. US Dep't of Just., 954 F.3d 23 (1st Cir. 2020). · cites it 3× “We now reach what may be the DOJ's strongest argument: its assertion that it possessed statutory authority to impose the challenged conditions under 34 U.S.C. § 10102 . This statute lays out the duties and functions of the Assistant AG for the OJP.”
State v. U.S. Dep't of Just., 343 F. Supp. 3d 213 (S.D. Ill. 2018). · cites it 4× “Defendants point to two potential provisions: 34 U.S.C. § 10102 (a)(6) and 34 U.S.C. § 10153 (a)(5)(D).”
City of Phila. v. Sessions, 309 F. Supp. 3d 271 (E.D. Pa. 2018). · cites it 4× “" 34 U.S.C. § 10102 (a)(6). The Attorney General locates an additional source of support for the Certification Condition in the Byrne JAG statute itself, which requires that applications *281 from jurisdictions seeking funding shall include a certification that "the applicant…”
City of Chi. v. Sessions, 321 F. Supp. 3d 855 (E.D. Ill. 2018). “In so holding, the court rejected the Attorney General's "untenable" contention that 34 U.S.C. § 10102 (a)(6), which sets forth the functions of the Assistant Attorney General for the Office of Justice Programs, provides the Attorney General an expansive, stand-alone grant of…”
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