34 U.S.C. § 10152 | Description

(a)

Grants authorized

(1)

In general

section 10156 of this titleFrom amounts made available to carry out this part, the Attorney General may, in accordance with the formula established under , make grants to States and units of local government, for use by the State or unit of local government to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice or civil proceedings, including for any one or more of the following programs:

(A)

Law enforcement programs.

(B)

Prosecution and court programs.

(C)

Prevention and education programs.

(D)

Corrections and community corrections programs.

(E)

Drug treatment and enforcement programs.

(F)

Planning, evaluation, and technology improvement programs.

(G)

Crime victim and witness programs (other than compensation).

(H)

Mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams.

(I)

Implementation of State crisis intervention court proceedings and related programs or initiatives, including but not limited to—

(i)

mental health courts;

(ii)

drug courts;

(iii)

veterans courts; and

(iv)

extreme risk protection order programs, which must include, at a minimum—

(I)

pre-deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses;

(II)

the right to be represented by counsel at no expense to the government;

(III)

pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State’s evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and

(IV)

penalties for abuse of the program.

(J)

section 44801 of title 49 Programs to purchase and operate unmanned aircraft systems (as defined in ) to benefit public safety.

(K)

section 44801 of title 49 section 124n(d)(2)(A)(iii) of title 6 Programs to purchase and operate counter-UAS systems (as defined in ) included on the list of technologies established by subsection (d)(2)(A)(iii) to exercise the authority granted under subsection (a)(2) of such section.

(2)

Rule of construction

section 10151(b) of this titleJanuary 5, 2006Paragraph (1) shall be construed to ensure that a grant under that paragraph may be used for any purpose for which a grant was authorized to be used under either or both of the programs specified in , as those programs were in effect immediately before .

(b)

Contracts and subawards

A State or unit of local government may, in using a grant under this part for purposes authorized by subsection (a), use all or a portion of that grant to contract with or make one or more subawards to one or more—

(1)

neighborhood or community-based organizations that are private and nonprofit; or

(2)

units of local government.

(c)

Program assessment component; waiver

(1)

Each program funded under this part shall contain a program assessment component, developed pursuant to guidelines established by the Attorney General, in coordination with the National Institute of Justice.

(2)

The Attorney General may waive the requirement of paragraph (1) with respect to a program if, in the opinion of the Attorney General, the program is not of sufficient size to justify a full program assessment.

(d)

Prohibited uses

Notwithstanding any other provision of this Act, no funds provided under this part may be used, directly or indirectly, to provide any of the following matters:

(1)

Any security enhancements or any equipment to any nongovernmental entity that is not engaged in criminal justice or public safety.

(2)

Unless the Attorney General certifies that extraordinary and exigent circumstances exist that make the use of such funds to provide such matters essential to the maintenance of public safety and good order—

(A)

vehicles (excluding police cruisers), vessels (excluding police boats), or aircraft (excluding police helicopters);

(B)

luxury items;

(C)

real estate;

(D)

construction projects (other than penal or correctional institutions); or

(E)

any similar matters.

(e)

Administrative costs

Not more than 10 percent of a grant made under this part may be used for costs incurred to administer such grant.

(f)

Period

The period of a grant made under this part shall be four years, except that renewals and extensions beyond that period may be granted at the discretion of the Attorney General.

(g)

Rule of construction

Subparagraph (d)(1) shall not be construed to prohibit the use, directly or indirectly, of funds provided under this part to provide security at a public event, such as a political convention or major sports event, so long as such security is provided under applicable laws and procedures.

(h)

Annual report on crisis intervention programs

The Attorney General shall publish an annual report with respect to grants awarded for crisis intervention programs or initiatives under subsection (a)(1)(I) that contains—

(1)

a description of the grants awarded and the crisis intervention programs or initiatives funded by the grants, broken down by grant recipient;

(2)

an evaluation of the effectiveness of the crisis intervention programs or initiatives in preventing violence and suicide;

(3)

measures that have been taken by each grant recipient to safeguard the constitutional rights of an individual subject to a crisis intervention program or initiative; and

(4)

efforts that the Attorney General is making, in coordination with the grant recipients, to protect the constitutional rights of individuals subject to the crisis intervention programs or initiatives.

Pub. L. 90–351, title I, § 501 Pub. L. 109–162, title XI, § 1111(a)(2)(C)Jan. 5, 2006119 Stat. 3095 Pub. L. 109–271, § 8(h)Aug. 12, 2006120 Stat. 767 Pub. L. 114–255, div. B, title XIV, § 14001(a)Dec. 13, 2016130 Stat. 1287 Pub. L. 117–159, div. A, title II, § 12003June 25, 2022136 Stat. 1325 Pub. L. 119–60, div. H, title LXXXVI, § 8603Dec. 18, 2025139 Stat. 1943 (, as added , , ; amended , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 90–351June 19, 196882 Stat. 197 section 10101 of this titleThis Act, referred to in subsec. (d), is , , , known as the Omnibus Crime Control and Safe Streets Act of 1968. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

section 3751 of Title 42Section was formerly classified to , The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Prior Provisions

section 501 of title I of Pub. L. 90–351 Pub. L. 100–690, title V, § 5104Nov. 18, 1988102 Stat. 4301 Pub. L. 101–647, title VI, § 601(b)Nov. 29, 1990104 Stat. 4823 Pub. L. 103–322, title X, § 100003Sept. 13, 1994108 Stat. 1996 Pub. L. 104–132, title VIII, § 822(a)Apr. 24, 1996110 Stat. 1317 Pub. L. 106–177, title I, § 103Mar. 10, 2000114 Stat. 35 Pub. L. 106–310, div. B, title XXXVI, § 3621(b)Oct. 17, 2000114 Stat. 1231 Pub. L. 106–561, § 2(a)Dec. 21, 2000114 Stat. 2787 Pub. L. 109–162, title XI, § 1111(a)(1)Jan. 5, 2006119 Stat. 3094 Jan. 5, 2006A prior , as added and amended , title VI, § 6091(a), , , 4329; , , ; , title XIV, § 140004, title XV, § 150003, title XXI, § 210302(a), , , 2032, 2035, 2065; , , ; , , ; , , ; , , , related to description of drug control and system improvement grant program, prior to repeal by , (d), , , 3102, applicable with respect to the first fiscal year beginning after , and each fiscal year thereafter.

section 501 of title I of Pub. L. 90–351 Pub. L. 96–157, § 2Dec. 27, 197993 Stat. 1195 Pub. L. 98–473, title II, § 608(a)Oct. 12, 198498 Stat. 2086 Pub. L. 100–690, title VI, § 6091(a)Nov. 18, 1988102 Stat. 4328 Another prior , formerly § 601, as added , , ; renumbered § 501 and amended , , , related to Congressional statement of purpose regarding discretionary grants, prior to repeal by , , .

section 501 of title I of Pub. L. 90–351 Pub. L. 96–157, § 2Dec. 27, 197993 Stat. 1192 Pub. L. 98–473, title II, § 607Oct. 12, 198498 Stat. 2086 Another prior , as added , , , set out Congressional statement of purpose of national priority grants, prior to repeal by , , .

section 501 of Pub. L. 90–351June 19, 196882 Stat. 205 Pub. L. 93–83, § 2Aug. 6, 197387 Stat. 211 Pub. L. 94–503, title I, § 120Oct. 15, 197690 Stat. 2418 Pub. L. 90–351 Pub. L. 96–157Another prior , title I, , ; , , ; , , , related to administrative rules, regulations, and procedures, prior to the general amendment of title I of by .

Amendments

Pub. L. 119–602025—Subsec. (a)(1)(J), (K). added subpars. (J) and (K).

Pub. L. 117–159, § 12003(a)(1)2022—Subsec. (a)(1). , inserted “or civil proceedings” after “criminal justice” in introductory provisions.

Pub. L. 117–159, § 12003(a)(2)Subsec. (a)(1)(I). , added subpar. (I).

Pub. L. 117–159, § 12003(b)Subsec. (h). , added subsec. (h).

Pub. L. 114–2552016—Subsec. (a)(1)(H). added subpar. (H).

Pub. L. 109–2712006—Subsec. (b)(3). struck out par. (3) which read as follows: “tribal governments.”

Statutory Notes and Related Subsidiaries

Effective Date

Jan. 5, 2006section 1111(d) of Pub. L. 109–162 section 10151 of this titleSection applicable with respect to the first fiscal year beginning after , and each fiscal year thereafter, see , set out as an Effective Date of 2006 Amendment note under .