34 U.S.C. § 10153 | Applications

(a)

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

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

(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)

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

(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

December 16, 2016Not 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

December 16, 2016Not 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.

Pub. L. 90–351, title I, § 502 Pub. L. 109–162, title XI, § 1111(a)(2)(C)Jan. 5, 2006119 Stat. 3096 Pub. L. 109–271, § 8(i)Aug. 12, 2006120 Stat. 767 Pub. L. 114–324, § 14(b)Dec. 16, 2016130 Stat. 1958(, as added , , ; amended , , ; , , .)

Editorial Notes

Codification

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

Prior Provisions

section 502 of title I of Pub. L. 90–351 Pub. L. 100–690, title VI, § 6091(a)Nov. 18, 1988102 Stat. 4331 Pub. L. 109–162, title XI, § 1111(a)(1)Jan. 5, 2006119 Stat. 3094Jan. 5, 2006A prior , as added , , , related to eligibility of a State for financial assistance, prior to repeal by , (d), , , 3102, applicable with respect to the first fiscal year beginning after , and each fiscal year thereafter.

section 502 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. 4328Another prior , formerly § 602, as added , , ; renumbered § 502 and amended , , , related to percentage of appropriation for discretionary grant program, prior to repeal by , , .

section 502 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. 2086Another prior , as added , , , prescribed percentage of appropriation for national priority grant program, prior to repeal by , , .

section 502 of Pub. L. 90–351June 19, 196882 Stat. 205 Pub. L. 93–83, § 2Aug. 6, 197387 Stat. 211 Pub. L. 90–351 Pub. L. 96–157Another prior , title I, , ; , , , 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 by .

Amendments

Pub. L. 114–3242016— designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

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

Pub. L. 109–2712006— substituted “120 days” for “90 days” in introductory provisions.

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 .

Applicability of 2016 Amendment

Pub. L. 114–324, § 14(c)Dec. 16, 2016130 Stat. 1959

34 U.S.C. 10153(a)(6)Dec. 16, 2016“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 [], 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 [].”

, , , provided that:

Active-Shooter Training for Law Enforcement

Pub. L. 114–255, div. B, title XIV, § 14011Dec. 13, 2016130 Stat. 1297

“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.”