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Title 34 — Crime Control and Law Enforcement

Part A · Chapter 101 — Justice System Improvement

§ 10153. Applications

Statutory text

(a)

 1 In general

To request a grant under this part, the chief executive officer of a State or unit of local government shall submit an application to the Attorney General within 120 days after the date on which funds to carry out this part are appropriated for a fiscal year, in such form as the Attorney General may require. Such application shall include the following:

(1)

A certification that Federal funds made available under this part will not be used to supplant State 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.

(2)

An assurance that, not fewer 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 or unit of local government (or to an organization designated by that governing body).

(3)

An assurance that, before the application (or any amendment to the application) was submitted to the Attorney General—

(A)

the application (or amendment) was made public; and

(B)

an opportunity to comment on the application (or amendment) was provided to citizens and to neighborhood or community-based organizations, to the extent applicable law or established procedure makes such an opportunity available.

(4)

An assurance that, for each fiscal year covered by an application, the applicant shall maintain and report such data, records, and information (programmatic and financial) as the Attorney General may reasonably require.

(5)

A certification, made in a form acceptable to the Attorney General and executed by the chief executive officer of the applicant (or by another officer of the applicant, if qualified under regulations promulgated by the Attorney General), that—

(A)

the programs to be funded by the grant meet all the requirements of this part;

(B)

all the information contained in the application is correct;

(C)

there has been appropriate coordination with affected agencies; and

(D)

the applicant will comply with all provisions of this part and all other applicable Federal laws.

(6)

A comprehensive Statewide plan detailing how grants received under this section will be used to improve the administration of the criminal justice system, which shall—

(A)

be designed in consultation with local governments, and representatives of all segments of the criminal justice system, including judges, prosecutors, law enforcement personnel, corrections personnel, and providers of indigent defense services, victim services, juvenile justice delinquency prevention programs, community corrections, and reentry services;

(B)

include a description of how the State will allocate funding within and among each of the uses described in subparagraphs (A) through (G) of section 10152(a)(1) of this title;

(C)

describe the process used by the State for gathering evidence-based data and developing and using evidence-based and evidence-gathering approaches in support of funding decisions;

(D)

describe the barriers at the State and local level for accessing data and implementing evidence-based approaches to preventing and reducing crime and recidivism; and

(E)

be updated every 5 years, with annual progress reports that—

(i)

address changing circumstances in the State, if any;

(ii)

describe how the State plans to adjust funding within and among each of the uses described in subparagraphs (A) through (G) of section 10152(a)(1) of this title;

(iii)

provide an ongoing assessment of need;

(iv)

discuss the accomplishment of goals identified in any plan previously prepared under this paragraph; and

(v)

reflect how the plan influenced funding decisions in the previous year.

(b)

Technical assistance

(1)

Strategic planning

Not later than 90 days after , the Attorney General shall begin to provide technical assistance to States and local governments requesting support to develop and implement the strategic plan required under subsection (a)(6). The Attorney General may enter into agreements with 1 or more non-governmental organizations to provide technical assistance and training under this paragraph.

(2)

Protection of constitutional rights

Not later than 90 days after , the Attorney General shall begin to provide technical assistance to States and local governments, including any agent thereof with responsibility for administration of justice, requesting support to meet the obligations established by the Sixth Amendment to the Constitution of the United States, which shall include—

(A)

public dissemination of practices, structures, or models for the administration of justice consistent with the requirements of the Sixth Amendment; and

(B)

assistance with adopting and implementing a system for the administration of justice consistent with the requirements of the Sixth Amendment.

(3)

Authorization of appropriations

For each of fiscal years 2017 through 2021, of the amounts appropriated to carry out this subpart, not less than $5,000,000 and not more than $10,000,000 shall be used to carry out this subsection.

Footnotes

  1. 1 So in original. Probably should be “(a)”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Omnibus Crime Control and Safe Streets Act of 1968

    Pub. L. 90–351 title I § 502 · 82 Stat. 197

    Enacted · 34 U.S.C. § 10153

    Pub. L. 90–351, title I, § 502, as added Pub. L. 109–162, title XI, § 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3096

    Source evidence

    Code source credit
    Pub. L. 90–351, title I, § 502, as added Pub. L. 109–162, title XI, § 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3096

    Enacted provision · exact public law section
    Sec. 502. The Administration may delegate to any officer or official of the Administration, or, with the approval of the Attorney General, to any officer of the Department of Justice such functions as it deems appropriate.

  2. Pub. L. 109–271 § 8(i) · 120 Stat. 750

    Substituted · 34 U.S.C. § 10153

    Pub. L. 109–271 substituted “120 days” for “90 days” in introductory provisions

    Source evidence

    Code amendment note
    Pub. L. 109–271 substituted “120 days” for “90 days” in introductory provisions.

    Enacted provision · exact public law section
    (i) Applications for Byrne Grants.— Section 502 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3752) is amended in the matter preceding paragraph (1), by striking “90 days” and inserting “120 days”.

  3. Effective Administration of Criminal Justice Act of 2016

    Pub. L. 114–324 § 14(b) · 130 Stat. 1948

    1. Amended · 34 U.S.C. § 10153

      Pub. L. 114–324 designated existing provisions as subsec. (a)

    2. Inserted · 34 U.S.C. § 10153

      Pub. L. 114–324 inserted heading

    3. Added · 34 U.S.C. § 10153

      Pub. L. 114–324 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 114–324 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

    Enacted provision · exact public law section
    (b) Strategic Planning.— Section 502 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3752) is amended— (1) by inserting “(a) In General.—” before “To request a grant”; and (2) by adding at the end the following: “(6) A comprehensive Statewide plan detailing how grants received under this section will be used to improve the administration of the criminal justice system, which shall— “(A) be designed in consultation with local governments, and representatives of all segments of the criminal justice system, including judges, prosecutors, law enforcement personnel, corrections personnel, and providers of indigent defense services, victim services, juvenile justice delinquency prevention programs, community corrections, and reentry services; “(B) include a description of how the State will allocate funding within and among each of the uses described in subparagraphs (A) through (G) of section 501(a)(1); “(C) describe the process used by the State for gathering evidence-based data and developing and using evidence-based and evidence-gathering approaches in support of funding decisions; “(D) describe the barriers at the State and local level for accessing data and implementing evidence-based approaches to preventing and reducing crime and recidivism; and “(E) be updated every 5 years, with annual progress reports that— “(i) address changing circumstances in the State, if any; “(ii) describe how the State plans to adjust funding within and among each of the uses described in subparagraphs (A) through (G) of section 501(a)(1); “(iii) provide an ongoing assessment of need; “(iv) discuss the accomplishment of goals identified in any plan previously prepared under this paragraph; and “(v) reflect how the plan influenced funding decisions in the previous year. “(b) Technical Assistance.— “(1) Strategic planning.— Not later than 90 days after the date of enactment of this subsection, the Attorney General shall begin to provide technical assistance to States and local governments requesting support to develop and implement the strategic plan required under subsection (a)(6). The Attorney General may enter into agreements with 1 or more non-governmental organizations to provide technical assistance and training under this paragraph. “(2) Protection of constitutional rights.— Not later than 90 days after the date of enactment of this subsection, the Attorney General shall begin to provide technical assistance to States and local governments, including any agent thereof with responsibility for administration of justice, requesting support to meet the obligations established by the Sixth Amendment to the Constitution of the United States, which shall include— “(A) public dissemination of practices, structures, or models for the administration of justice consistent with the requirements of the Sixth Amendment; and “(B) assistance with adopting and implementing a system for the administration of justice consistent with the requirements of the Sixth Amendment. “(3) Authorization of appropriations.— For each of fiscal years 2017 through 2021, of the amounts appropriated to carry out this subpart, not less than $5,000,000 and not more than $10,000,000 shall be used to carry out this subsection.” .

  4. Effective Administration of Criminal Justice Act of 2016

    Pub. L. 114–324 § 14(b)(2) · 130 Stat. 1948

    Added · 34 U.S.C. § 10153(a)(6)

    Pub. L. 114–324, § 14(b)(2), added par. (6)

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 114–324, § 14(b)(2), added par. (6).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(6) A comprehensive Statewide plan detailing how grants received under this section will be used to improve the administration of the criminal justice system, which shall— “(A) be designed in consultation with local governments, and representatives of all segments of the criminal justice system, including judges, prosecutors, law enforcement personnel, corrections personnel, and providers of indigent defense services, victim services, juvenile justice delinquency prevention programs, community corrections, and reentry services; “(B) include a description of how the State will allocate funding within and among each of the uses described in subparagraphs (A) through (G) of section 501(a)(1); “(C) describe the process used by the State for gathering evidence-based data and developing and using evidence-based and evidence-gathering approaches in support of funding decisions; “(D) describe the barriers at the State and local level for accessing data and implementing evidence-based approaches to preventing and reducing crime and recidivism; and “(E) be updated every 5 years, with annual progress reports that— “(i) address changing circumstances in the State, if any; “(ii) describe how the State plans to adjust funding within and among each of the uses described in subparagraphs (A) through (G) of section 501(a)(1); “(iii) provide an ongoing assessment of need; “(iv) discuss the accomplishment of goals identified in any plan previously prepared under this paragraph; and “(v) reflect how the plan influenced funding decisions in the previous year. “(b) Technical Assistance.— “(1) Strategic planning.— Not later than 90 days after the date of enactment of this subsection, the Attorney General shall begin to provide technical assistance to States and local governments requesting support to develop and implement the strategic plan required under subsection (a)(6). The Attorney General may enter into agreements with 1 or more non-governmental organizations to provide technical assistance and training under this paragraph. “(2) Protection of constitutional rights.— Not later than 90 days after the date of enactment of this subsection, the Attorney General shall begin to provide technical assistance to States and local governments, including any agent thereof with responsibility for administration of justice, requesting support to meet the obligations established by the Sixth Amendment to the Constitution of the United States, which shall include— “(A) public dissemination of practices, structures, or models for the administration of justice consistent with the requirements of the Sixth Amendment; and “(B) assistance with adopting and implementing a system for the administration of justice consistent with the requirements of the Sixth Amendment. “(3) Authorization of appropriations.— For each of fiscal years 2017 through 2021, of the amounts appropriated to carry out this subpart, not less than $5,000,000 and not more than $10,000,000 shall be used to carry out this subsection.” .

6 of 6 references resolved to an enrolled provision

Editorial Notes

Codification

Section was formerly classified to section 3752 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 502 of title I of Pub. L. 90–351, as added Pub. L. 100–690, title VI, § 6091(a), , 102 Stat. 4331, related to eligibility of a State for financial assistance, prior to repeal by Pub. L. 109–162, title XI, § 1111(a)(1), (d), , 119 Stat. 3094, 3102, applicable with respect to the first fiscal year beginning after , and each fiscal year thereafter.

Another prior section 502 of title I of Pub. L. 90–351, formerly § 602, as added Pub. L. 96–157, § 2, , 93 Stat. 1195; renumbered § 502 and amended Pub. L. 98–473, title II, § 608(a), , 98 Stat. 2086, related to percentage of appropriation for discretionary grant program, prior to repeal by Pub. L. 100–690, title VI, § 6091(a), , 102 Stat. 4328.

Another prior section 502 of title I of Pub. L. 90–351, as added Pub. L. 96–157, § 2, , 93 Stat. 1192, prescribed percentage of appropriation for national priority grant program, prior to repeal by Pub. L. 98–473, title II, § 607, , 98 Stat. 2086.

Another prior section 502 of Pub. L. 90–351, title I, , 82 Stat. 205; Pub. L. 93–83, § 2, , 87 Stat. 211, made provision for delegation of functions of Law Enforcement Assistance Administration to other officers of Department of Justice, prior to the general amendment of title I of Pub. L. 90–351 by Pub. L. 96–157.

Amendments2006–2016 · 2 rounds

2016

Pub. L. 114–324 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Subsec. (a)(6). Pub. L. 114–324, § 14(b)(2), added par. (6).

2006

Pub. L. 109–271 substituted “120 days” for “90 days” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable with respect to the first fiscal year beginning after , and each fiscal year thereafter, see section 1111(d) of Pub. L. 109–162, set out as an Effective Date of 2006 Amendment note under section 10151 of this title.

Applicability of 2016 Amendment

Pub. L. 114–324, § 14(c), , 130 Stat. 1959, provided that: “The requirement to submit a strategic plan under section 501(a)(6) [probably should be “502(a)(6)”] of title I of the Omnibus Crime Control and Safe Streets Act of 1968 [34 U.S.C. 10153(a)(6)], as added by subsection (b), shall apply to any application submitted under such section 501 [502] for a grant for any fiscal year beginning after the date that is 1 year after the date of enactment of this Act [].”

Active-Shooter Training for Law Enforcement

Pub. L. 114–255, div. B, title XIV, § 14011, , 130 Stat. 1297, provided that: “The Attorney General, as part of the Preventing Violence Against Law Enforcement and Ensuring Officer Resilience and Survivability Initiative (VALOR) of the Department of Justice, may provide safety training and technical assistance to local law enforcement agencies, including active-shooter response training.”

Credits

2006–2016 · 3 acts
  1. 2006Pub. L. 90–351, title I, § 502, as added Pub. L. 109–162, title XI, § 1111(a)(2)(C), , 119 Stat. 3096
  2. 2006amended Pub. L. 109–271, § 8(i), , 120 Stat. 767
  3. 2016Pub. L. 114–324, § 14(b), , 130 Stat. 1958.
Show as published

(Pub. L. 90–351, title I, § 502, as added Pub. L. 109–162, title XI, § 1111(a)(2)(C), , 119 Stat. 3096; amended Pub. L. 109–271, § 8(i), , 120 Stat. 767; Pub. L. 114–324, § 14(b), , 130 Stat. 1958.)

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