SUBCHAPTER V—BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS
Prior Provisions
A prior subchapter V, consisting of sections 3761 to 3766, related to discretionary grants, prior to repeal by
Section 3761,
Section 3762,
Section 3763,
Section 3764,
Section 3765,
Section 3766,
Another prior subchapter V, consisting of sections 3751 to 3755, related to national priority grants, prior to repeal by
Section 3751,
Section 3752,
Section 3753,
Section 3754,
Section 3755,
Another prior subchapter V, consisting of sections 3751 to 3774, related to administrative provisions, prior to the general amendment of this chapter by
Section 3751,
Section 3752,
Section 3753,
Section 3754,
A prior section 505 of
Section 3755,
Section 3756,
Section 3757,
Section 3758,
Section 3759,
Section 3760,
Section 3761,
Section 3762,
Section 3763,
Section 3764,
Section 3765,
Section 3766,
Section 3767,
Section 3768,
Section 3769,
Section 3770,
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3750. Name of programs
The grant programs established under this subchapter shall be known as the "Edward Byrne Memorial State and Local Law Enforcement Assistance Programs".
(
Prior Provisions
For prior
§3750a. Grant authorization
(a) Purpose
The purpose of
(b) Grants
The Director of the Bureau of Justice Assistance shall make grants to Anti Car Theft Committees submitting applications in compliance with the requirements of
(
Codification
Section was enacted as part of the Anti Car Theft Act of 1992, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.
Transfer of Functions
Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, §108(b)] of
Section Referred to in Other Sections
This section is referred to in
§3750b. Application
(a) Submission
To be eligible to receive a grant under
(b) Content
The application submitted under subsection (a) of this section shall include the following:
(1) A statement that the applicant Anti Car Theft Committee is either a State agency or an agency of a unit of local government.
(2) A statement that the applicant Anti Car Theft Committee is or will be financed in part (A) by a fee on motor vehicles registered by the State or possessed or insured within the State (and that such fee is not less than $1 per vehicle), or (B) in the same manner and to the same extent as is a similar program financed and implemented in a State like Michigan.
(3) An assurance that Federal funds received under a grant under
(4) A statement that the resources of the applicant Anti Car Theft Committee will be devoted entirely to combating motor vehicle theft, including any or all of the following:
(A) Financing law enforcement officers or investigators whose duties are entirely or primarily related to investigating cases of motor vehicle theft or of trafficking in stolen motor vehicles or motor vehicle parts.
(B) Financing prosecutors whose duties are entirely or primarily related to prosecuting cases of motor vehicle theft or of trafficking in stolen motor vehicles or motor vehicle parts.
(C) Motor vehicle theft prevention programs, including vehicle identification number etching programs, programs implemented by law enforcement agencies and designed to enable the electronic tracking of stolen automobiles, and programs designed to prevent the export of stolen vehicles.
(5) A description of the budget for the applicant Anti Car Theft Committee for the fiscal year for which a grant is sought.
(
Codification
Section was enacted as part of the Anti Car Theft Act of 1992, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.
Transfer of Functions
Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, §108(b)] of
Section Referred to in Other Sections
This section is referred to in
§3750c. Award of grants
(a) In general
The Director shall allocate to each State a proportion of the total funds available under
(b) Grant amounts
If one Anti Car Theft Committee within a State submits an application in compliance with
(c) Multiple committees
If two or more Anti Car Theft Committees within a State submit applications in compliance with
(d) Renewal of grants
Subject to the availability of funds, a grant under
(
Codification
Section was enacted as part of the Anti Car Theft Act of 1992, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.
In subsection (a), "
Transfer of Functions
Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, §108(b)] of
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "within".
§3750d. Authorization of appropriations
There are authorized to be appropriated $10,000,000 to carry out
(
Codification
Section was enacted as part of the Anti Car Theft Act of 1992, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.
Section Referred to in Other Sections
This section is referred to in
Part A—Drug Control and System Improvement Grant Program
Part Referred to in Other Sections
This part is referred to in
§3751. Description of drug control and system improvement grant program
(a) Purpose of program
It is the purpose of this part to assist States and units of local government in carrying out specific programs which offer a high probability of improving the functioning of the criminal justice system, with special emphasis on a nationwide and multilevel drug control strategy by developing programs and projects to assist multijurisdictional and multi-State organizations in the drug control problem and to support national drug control priorities.
(b) Grants to States and units of local government; purposes of grants
The Director of the Bureau of Justice Assistance (hereafter in this subchapter referred to as the "Director") is authorized to make grants to States, for the use by States and units of local government in the States, for the purpose of enforcing State and local laws that establish offenses similar to offenses established in the Controlled Substances Act (
(1) demand reduction education programs in which law enforcement officers participate;
(2) multijurisdictional task force programs that integrate Federal, State, and local drug law enforcement agencies and prosecutors for the purpose of enhancing interagency coordination, intelligence, and facilitating multijurisdictional investigations;
(3) programs designed to target the domestic sources of controlled and illegal substances, such as precursor chemicals, diverted pharmaceuticals, clandestine laboratories, and cannabis cultivations;
(4) providing community and neighborhood programs that assist citizens in preventing and controlling crime, including special programs that address the problems of crimes committed against the elderly and special programs for rural jurisdictions;
(5) disrupting illicit commerce in stolen goods and property;
(6) improving the investigation and prosecution of white-collar crime, organized crime, public corruption crimes, and fraud against the government with priority attention to cases involving drug-related official corruption;
(7)(A) improving the operational effectiveness of law enforcement through the use of crime analysis techniques, street sales enforcement, schoolyard violator programs, gang-related and low-income housing drug control programs;
(B) developing and implementing antiterrorism plans for deep draft ports, international airports, and other important facilities;
(8) career criminal prosecution programs including the development of proposed model drug control legislation;
(9) financial investigative programs that target the identification of money laundering operations and assets obtained through illegal drug trafficking, including the development of proposed model legislation, financial investigative training, and financial information sharing systems;
(10) improving the operational effectiveness of the court process, by expanding prosecutorial, defender and judicial resources, and implementing court delay reduction programs;
(11) programs designed to provide additional public correctional resources and improve the corrections system, including treatment in prisons and jails, intensive supervision programs, and long-range corrections and sentencing strategies;
(12) providing prison industry projects designed to place inmates in a realistic working and training environment which will enable them to acquire marketable skills and to make financial payments for restitution to their victims, for support of their own families, and for support of themselves in the institution;
(13) providing programs which identify and meet the treatment needs of adult and juvenile drug-dependent and alcohol-dependent offenders;
(14) developing and implementing programs which provide assistance to jurors and witnesses, and assistance (other than compensation) to victims of crimes;
(15)(A) developing programs to improve drug control technology, such as pretrial drug testing programs, programs which provide for the identification, assessment, referral to treatment, case management and monitoring of drug dependent offenders, enhancement of State and local forensic laboratories, and
(B) criminal and justice information systems to assist law enforcement, prosecution, courts, and corrections organization (including automated fingerprint identification systems);
(16) innovative programs that demonstrate new and different approaches to enforcement, prosecution, and adjudication of drug offenses and other serious crimes;
(17) addressing the problems of drug trafficking and the illegal manufacture of controlled substances in public housing;
(18) improving the criminal and juvenile justice system's response to domestic and family violence, including spouse abuse, child abuse, and abuse of the elderly;
(19) drug control evaluation programs which the State and local units of government may utilize to evaluate programs and projects directed at State drug control activities;
(20) providing alternatives to prevent detention, jail, and prison for persons who pose no danger to the community;
(21) programs of which the primary goal is to strengthen urban enforcement and prosecution efforts targeted at street drug sales;
(22) programs for the prosecution of driving while intoxicated charges and the enforcement of other laws relating to alcohol use and the operation of motor vehicles;
(23) programs that address the need for effective bindover systems for the prosecution of violent 16- and 17-year-old juveniles in courts with jurisdiction over adults for the crimes of—
(A) murder in the first degree;
(B) murder in the second degree;
(C) attempted murder;
(D) armed robbery when armed with a firearm;
(E) aggravated battery or assault when armed with a firearm;
(F) criminal sexual penetration when armed with a firearm; and
(G) drive-by shootings as described in
(24) law enforcement and prevention programs relating to gangs, or to youth who are involved or at risk of involvement in gangs;
(25) developing or improving in a forensic laboratory a capability to analyze deoxyribonucleic acid (hereinafter in this chapter referred to as "DNA") for identification purposes; and
(26) to develop and implement antiterrorism training programs and to procure equipment for use by local law enforcement authorities.
(c) Program evaluation component; waiver
Each program funded under this section shall contain an evaluation component, developed pursuant to guidelines established by the National Institute of Justice, in consultation with the Bureau of Justice Assistance. The Director of the Bureau of Justice Assistance may waive this requirement when in the opinion of the Director—
(1) the program is not of sufficient size to justify a full evaluation report; or
(2) the program is designed primarily to provide material resources and supplies, such as laboratory equipment, that would not justify a full evaluation report.
(
References in Text
The Controlled Substances Act, referred to in subsec. (b), is title II of
Prior Provisions
For prior sections 501 of
Amendments
1996—Subsec. (b)(26).
1994—Subsec. (b)(22).
Subsec. (b)(23).
Subsec. (b)(24).
Subsec. (b)(25).
1990—Subsec. (b)(10).
1988—Subsec. (b)(17) to (21).
Effective Date of 1994 Amendment
Section 210302(c)(4) of
Transfer of Functions
Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, §108(b)] of
Drug-Free Prisons and Jails
"SEC. 111. SHORT TITLE.
"This subtitle may be cited as the 'Drug-Free Prisons and Jails Act of 1998'.
"SEC. 112. PURPOSE.
"The purpose of this subtitle is to provide for the establishment of model programs for comprehensive treatment of substance-involved offenders in the criminal justice system to reduce drug abuse and drug-related crime, and reduce the costs of the criminal justice system, that can be successfully replicated by States and local units of government through a comprehensive evaluation.
"SEC. 113. PROGRAM AUTHORIZATION.
"(a)
"(1) providing financial assistance to grant recipients selected in accordance with section 114(b); and
"(2) evaluating the success of programs conducted pursuant to this subtitle.
"(b)
"(c)
"SEC. 114. GRANT APPLICATION.
"(a)
"(1)
"(2)
"(A) Federal funds made available under this subtitle 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; and
"(B) the programs developed pursuant to this subtitle meet all requirements of this subtitle.
"(b)
"SEC. 115. USES OF FUNDS.
"A unit of local government or State that receives a grant award under this subtitle shall use such funds to provide comprehensive treatment programs to inmates in prisons or jails, including not less than 3 of the following:
"(1) Tailored treatment programs to meet the special needs of different types of substance-involved offenders.
"(2) Random and frequent drug testing, including a system of sanctions.
"(3) Training and assistance for corrections officers and personnel to assist substance-involved offenders in correctional facilities.
"(4) Clinical assessment of incoming substance-involved offenders.
"(5) Availability of religious and spiritual activity and counseling to provide an environment that encourages recovery from substance involvement in correctional facilities.
"(6) Education and vocational training.
"(7) A substance-free correctional facility policy.
"SEC. 116. EVALUATION AND RECOMMENDATION REPORT TO CONGRESS.
"(a)
"(1)
"(2)
"(A) reducing substance abuse among participants;
"(B) reducing recidivism among participants;
"(C) cost effectiveness of providing services to participants; and
"(D) a data collection system that will produce data comparable to that used by the Office of Applied Studies of the Substance Abuse and Mental Health Services Administration and the Bureau of Justice Statistics of the Office of Justice Programs.
"(b)
"(1) describes the activities funded by grant awards under this subtitle;
"(2) includes the evaluation submitted pursuant to subsection (a); and
"(3) makes recommendations regarding revisions to the authorization of the program, including extension, expansion, application requirements, reduction, and termination.
"SEC. 117. DEFINITIONS.
"In this subtitle:
"(1)
"(2)
"(3)
"(A) violated or has been arrested for violating a drug or alcohol law;
"(B) was under the influence of alcohol or an illegal drug at the time the crime was committed;
"(C) stole property to buy illegal drugs; or
"(D) has a history of substance abuse and addiction.
"(4)
"SEC. 118. AUTHORIZATION OF APPROPRIATIONS.
"(a)
"(1) for fiscal year 1999, $30,000,000; and
"(2) for fiscal year 2000, $20,000,000.
"(b)
Section Referred to in Other Sections
This section is referred to in
§3752. Eligibility
The Bureau is authorized to make financial assistance under this part available to a State to enable it to carry out all or a substantial part of a program or project submitted and approved in accordance with the provisions of this part.
(
Prior Provisions
For prior sections 502 of
Section Referred to in Other Sections
This section is referred to in
§3753. State applications
(a) To request a grant under this part, the chief executive officer of a State shall submit an application within 60 days after the Bureau has promulgated regulations under this section, and for each subsequent year, within 60 days after the date that appropriations for this subchapter are enacted, in such form as the Director may require. Such application shall include the following:
(1) A statewide strategy for drug and violent crime control programs which improve the functioning of the criminal justice system, with an emphasis on drug trafficking, violent crime, and serious offenders. The strategy shall be prepared after consultation with State and local officials with emphasis on those whose duty it is to enforce drug and criminal laws and direct the administration of justice and shall contain—
(A) a definition and analysis of the drug and violent crime problem in the State, and an analysis of the problems in each of the counties and municipalities with major drug and violent crime problems;
(B) an assessment of the criminal justice resources being devoted to crime and drug control programs at the time of the application;
(C) coordination requirements;
(D) resource needs;
(E) the establishment of statewide priorities for crime and drug control activities and programs;
(F) an analysis of the relationship of the proposed State efforts to the national drug control strategy; and
(G) a plan for coordinating the programs to be funded under this subchapter with other federally funded programs, including State and local drug abuse education, treatment, and prevention programs.
(2) A certification that Federal funds made available under the formula grant of 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.
(3) A certification that funds required to pay the non-Federal portion of the cost of each program and project for which such grant is made shall be in addition to funds that would otherwise be made available for law enforcement by the recipients of grant funds.
(4) An assurance that the State application described in this section, and any amendment to such application, has been submitted for review to the State legislature or its designated body (for purposes of this section, such application or amendment shall be deemed to be reviewed if the State legislature or such body does not review such application or amendment within the 30-day period beginning on the date such application or amendment is so submitted).
(5) An assurance that the State application and any amendment thereto was made public before submission to the Bureau and, to the extent provided under State law or established procedure, an opportunity to comment thereon was provided to citizens and to neighborhood and community groups.
(6) An assurance that following the first fiscal year covered by an application and for each fiscal year thereafter, a performance evaluation and assessment report concerning the activities carried out pursuant to this section will be submitted to the Bureau.
(7) A provision for fund accounting, auditing, monitoring, and such evaluation procedures as may be necessary to keep such records that the Bureau shall prescribe to assure fiscal control, proper management, and efficient disbursement of funds reviewed under this section.
(8) An assurance that the applicant shall maintain such data and information and submit such reports in such form, at such times, and containing such data and information as the Bureau may reasonably require to administer other provisions of this part.
(9) A certification that its programs meet all the requirements of this section, that all the information contained in the application is correct, that there has been appropriate coordination with affected agencies, and that the applicant will comply with all provisions of this part and all other applicable Federal laws. Such certification shall be made in a form acceptable to the Bureau and shall be executed by the chief executive or such other officer of the applicant qualified under regulations promulgated by the Office.
(10) A certification that the State is undertaking initiatives to reduce, through the enactment of innovative penalties or increasing law enforcement efforts, the demand for controlled substances by holding accountable those who unlawfully possess or use such substances.
(11) An assurance that the State has established a plan under which the State will provide without fee to the Immigration and Naturalization Service, within 30 days of the date of their conviction, notice of conviction of aliens who have been convicted of violating the criminal laws of the State and under which the State will provide the Service with the certified record of such a conviction within 30 days of the date of a request by the Service for such record.
(12) If any part of funds received from a grant made under this subchapter is to be used to develop or improve a DNA analysis capability in a forensic laboratory, a certification that—
(A) DNA analyses performed at such laboratory will satisfy or exceed then current standards for a quality assurance program for DNA analysis, issued by the Director of the Federal Bureau of Investigation under
(B) DNA samples obtained by, and DNA analyses performed at, such laboratory will be accessible only—
(i) to criminal justice agencies for law enforcement identification purposes;
(ii) in judicial proceedings, if otherwise admissible pursuant to applicable statutes or rules;
(iii) for criminal defense purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged; or
(iv) if personally identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes; and
(C) such laboratory, and each analyst performing DNA analyses at such laboratory, will undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under
(b) Within 30 days after November 18, 1988, the Director shall promulgate regulations to implement this section (including the information that must be included and the requirements that the States must meet) in submitting the applications required under this section.
(
Prior Provisions
For prior sections 503 of
Amendments
1994—Subsec. (a)(12).
1991—Subsec. (a)(11).
1990—Subsec. (a)(11).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1990 Amendment
Section 507(b) of
Transfer of Functions
Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, §108(b)] of
Section Referred to in Other Sections
This section is referred to in
§3754. Grant limitations
(a) Cost of identified uses
A grant made under this part may not—
(1) for fiscal year 1991 appropriations be expended for more than 75 per centum; and
(2) for any subsequent fiscal year appropriations be expended for more than 75 per centum;
of the cost of the identified uses for which such grant is received to carry out any purpose specified in
(b) Administrative costs
Not more than 10 percent of a grant made to an eligible State under
(c) Participation in State and Local Task Force Program; use of grant
States and units of local government or combinations thereof are authorized to use a grant made under
(d) Conduct of evaluation expenses
States and local units of government are authorized to use a grant made under
(e) Non-Federal portion costs
The non-Federal portion of the cost of such program or project shall be in cash. State and local units of government may use cash received under the equitable sharing program to cover the non-Federal portion of the costs of programs funded under
(f) Programs already receiving funds
Except for grants awarded to State and local governments for the purpose of participating in multijurisdictional drug task forces 1 victims assistance programs, or multijurisdictional gang task forces, no funds may be awarded under this part to a grant recipient for a program or project for which funds have been awarded under this chapter for 4 years (in the aggregate), including any period occurring before November 18, 1988.
(
Prior Provisions
For prior sections 504 of
Amendments
1994—Subsec. (f).
1991—Subsec. (a)(2).
Subsec. (f).
1990—Subsec. (a)(1).
1989—Subsec. (a)(1).
Exemption for Certain Grants for Fiscal Year 1994
1 So in original. Probably should be followed by a comma.
§3755. Review of State applications
(a) Financial assistance upon approval of application or amendment
The Bureau shall provide financial assistance to each State applicant under this part to carry out the programs or projects submitted by such applicant upon determining that—
(1) the application or amendment thereto is consistent with the requirements of this part; and
(2) before the approval of the application and any amendment thereto the Bureau has made an affirmative finding in writing that the program or project has been reviewed in accordance with this part.
(b) Time limitation for approval; specific reasons for disapproval
Each application or amendment made and submitted for approval to the Bureau pursuant to
(c) Limitation on use of grant funds for land acquisition or construction projects
Grant funds awarded under this part shall not be used for land acquisition or construction projects, other than penal and correctional institutions.
(d) Reasonable notice and opportunity for reconsideration before final disapproval
The Bureau shall not finally disapprove any application, or any amendment thereto, submitted to the Director under this section without first affording the applicant reasonable notice and opportunity for reconsideration.
(
Prior Provisions
For prior sections 505 of
§3756. Allocation and distribution of funds under formula grants
(a) States
Subject to subsection (f) of this section, of the total amount appropriated for this subchapter in any fiscal year, the amount remaining after setting aside the amount required to be reserved to carry out
(1) $500,000 or 0.25 percent, whichever is greater, shall be allocated to each of the participating States; and
(2) of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each State an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the population of such State bears to the population of all the States.
(b) Units of local government
(1) Each State which receives funds under subsection (a) of this section in a fiscal year shall distribute among units of local government, or combinations of units of local government, in such State for the purposes specified in
(2) In distributing funds received under this subchapter among urban, rural, and suburban units of local government and combinations thereof, the State shall give priority to those jurisdictions with the greatest need.
(3) Any funds not distributed to units of local government under paragraph (2) shall be available for expenditure by the State involved.
(4) For purposes of determining the distribution of funds under paragraphs (1) and (2), the most accurate and complete data available for the fiscal year involved shall be used. If data for such fiscal year are not available, then the most accurate and complete data available for the most recent fiscal year preceding such fiscal year shall be used.
(c) Programs eligible
No funds allocated to a State under subsection (a) of this section or received by a State for distribution under subsection (b) of this section may be distributed by the Director or by the State involved for any program other than a program contained in an approved application.
(d) Unneeded State allocated funds distributed to units of local government
If the Director determines, on the basis of information available during any fiscal year, that a portion of the funds allocated to a State for that fiscal year will not be required or that a State will be unable to qualify or receive funds under
(e) Funds not distributed
Any funds allocated under subsection (a) or (f) of this section that are not distributed under this section shall be available for obligation under part B of this subchapter.
(f) Testing certain sex offenders for human immunodeficiency virus
(1) For any fiscal year beginning more than 2 years after November 29, 1990—
(A) 90 percent of the funds allocated under subsection (a) of this section without regard to this subsection to a State described in paragraph (2) shall be distributed by the Director to such State; and
(B) 10 percent of such funds shall be allocated equally among States that are not affected by the operation of subparagraph (A).
(2) Paragraph (1)(A) refers to a State that does not have in effect, and does not enforce, in such fiscal year, a law that requires the State at the request of the victim of a sexual act—
(A) to administer, to the defendant convicted under State law of such sexual act, a test to detect in such defendant the presence of the etiologic agent for acquired immune deficiency syndrome;
(B) to disclose the results of such test to such defendant and to the victim of such sexual act; and
(C) to provide to the victim of such sexual act counseling regarding HIV disease, HIV testing, in accordance with applicable law, and referral for appropriate health care and support services.
(3) For purposes of this subsection—
(A) the term "convicted" includes adjudicated under juvenile proceedings; and
(B) the term "sexual act" has the meaning given such term in subparagraph (A) or (B) of section 2245(1) 1 of title 18.
(
References in Text
Prior Provisions
For prior section 506 of
Amendments
1994—Subsec. (a).
Subsec. (c).
Subsec. (e).
Subsec. (f)(1).
1990—Subsec. (a).
Subsec. (a)(1).
Subsec. (f).
1989—Subsec. (a).
"(1) $500,000 or 0.25 percent, whichever if greater, shall be allocated to each of the participating States; and
"(2) of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each State an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the population of such State bears to the population of all the States."
Subsec. (a)(1).
Transfer of Functions
Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, §108(b)] of
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§3757. State office
(a) The chief executive of each participating State shall designate a State office for purposes of—
(1) preparing an application to obtain funds under
(2) administering funds received under such section from the Director, including receipt, review, processing, monitoring, progress and financial report review, technical assistance, grant adjustments, accounting, auditing and fund disbursements; and
(3) coordinating the distribution of funds provided under this subchapter with State agencies receiving Federal funds for drug abuse education, prevention, treatment, and research activities and programs.
(b) An office or agency performing other functions within the executive branch of a State may be designated to carry out the functions specified in subsection (a) of this section.
(
Prior Provisions
For prior section 507 of
Transfer of Functions
Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, §108(b)] of
Section Referred to in Other Sections
This section is referred to in
§3758. Distribution of grants to local government
(a) Each application made by a local unit of government, or a combination of units of local government, to a State for funds under this part shall be deemed approved, in whole or in part, by the State not later than 45 days after first received unless the State informs the applicant in writing of specific reasons for disapproval. The State shall not finally disapprove any application submitted to the State without first affording the applicant reasonable notice and opportunity for reconsideration.
(b) Each State which receives funds under
(
References in Text
This part, referred to in subsec. (a), was in the original "this subchapter", and was translated as reading "this subpart", meaning subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968, because title I of that Act does not contain subchapters.
Prior Provisions
For prior section 508 of
Transfer of Functions
Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, §108(b)] of
§3759. Improvement of criminal justice records
(a) Percentage allocation of funds
Subject to subsection (d) of this section, each State which receives funds under
(b) Includible improvements
The improvement referred to in subsection (a) of this section shall include—
(1) the completion of criminal histories to include the final dispositions of all arrests for felony offenses;
(2) the full automation of all criminal justice histories and fingerprint records;
(3) the frequency and quality of criminal history reports to the Federal Bureau of Investigation; and
(4) 1 the improvement of State record systems and the sharing with the Attorney General of all of the records described in paragraphs (1), (2), and (3) of this subsection and the records required by the Attorney General under section 103 of the Brady Handgun Violence Prevention Act, for the purpose of implementing that Act.
(4) 1 the improvement of State record systems and the sharing of all of the records described in paragraphs (1), (2), and (3) and the child abuse crime records required under the National Child Protection Act of 1993 [
(c) Guidelines
The Director, in consultation with the Director of the Bureau of Justice Statistics, shall establish guidelines for the fulfillment of the requirements specified in subsections (a) and (b) of this section.
(d) Expenditures unwarranted in light of quality of criminal justice records
In accordance with such guidelines as the Director shall issue and on the request of a State, the Director may—
(1) waive compliance with subsection (a) of this section by such State; or
(2) authorize such State to reduce the minimum amount such State is required to allocate under subsection (a) of this section;
if the Director, in the discretion of the Director, finds that the quality of the State's criminal justice records does not warrant expending the amount allocated under subsection (a) of this section.
(
References in Text
The Brady Handgun Violence Prevention Act, referred to in subsec. (b)(4), is title I of
The National Child Protection Act of 1993, referred to in subsec. (b)(4), is
Prior Provisions
For prior section 509 of
Amendments
1993—Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4).
Effective Date
Section 1803(c) of
Transfer of Functions
Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, §108(b)] of
1 So in original. Two pars. (4) have been enacted.
Part B—Discretionary Grants
Part Referred to in Other Sections
This part is referred to in
subpart 1—grants to public and private entities
§3760. Purposes
(a) In general
The purpose of this subpart is to provide additional Federal financial assistance to public or private agencies and private nonprofit organizations for purposes of—
(1) undertaking educational and training programs for—
(A) criminal justice personnel; and
(B) the general public, with respect to the lawful and safe ownership, storage, carriage, or use of firearms, including the provision of secure gun storage or safety devices;
(2) providing technical assistance to States and local units of government;
(3) undertaking projects which are national or multijurisdictional in scope and which address the purposes specified in
(4) providing financial assistance to public agencies and private nonprofit organizations for demonstration programs which, in view of previous research or experience, are likely to be a success in more than one jurisdiction.
(b) Grants and contracts
In carrying out this subpart, the Director is authorized to make grants to, or enter into contracts with non-Federal public or private agencies, institutions, or organizations or individuals to carry out any purpose specified in
(c) Firearm safety education grants
(1) In accordance with this subsection, the Director may make a grant to, or enter into a contract with, any person or entity referred to in subsection (b) of this section to provide for a firearm safety program that, in a manner consistent with subsection (a)(1)(B) of this section, provides for general public training and dissemination of information concerning firearm safety, secure gun storage, and the lawful ownership, carriage, or use of firearms, including the provision of secure gun storage or safety devices.
(2) Funds made available under a grant under paragraph (1) may not be used (either directly or by supplanting non-Federal funds) for advocating or promoting gun control, including making communications that are intended to directly or indirectly affect the passage of Federal, State, or local legislation intended to restrict or control the purchase or use of firearms.
(3) Except as provided in paragraph (4), each firearm safety program that receives funding under this subsection shall provide for evaluations that shall be developed pursuant to guidelines that the Director of the National Institute of Justice of the Department of Justice, in consultation with the Director of the Bureau of Justice Assistance and recognized private entities that have expertise in firearms safety, education and training, shall establish.
(4) With respect to a firearm safety program that receives funding under this section, the Director may waive the evaluation requirement described in paragraph (3) if the Director determines that the program—
(A) is not of a sufficient size to justify an evaluation; or
(B) is designed primarily to provide material resources and supplies, and that activity would not justify an evaluation.
(
Prior Provisions
For prior section 510 of
Amendments
1998—Subsec. (a)(1).
Subsec. (b).
Subsec. (c).
1994—Subsec. (b).
1990—
Effective Date of 1998 Amendment
"(1) October 1, 1998; or
"(2) the date of enactment of this Act [Oct. 21, 1998]."
Effective Date of 1994 Amendment
Section 320702(b) of
Transfer of Functions
Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, §108(b)] of
§3761. Allocation of funds for grants
Of the total amount appropriated for this subchapter (other than subpart 2 of this part) in any fiscal year, 20 percent or $50,000,000, whichever is less, shall be reserved and set aside for this section in a special discretionary fund for use by the Director in carrying out the purposes specified in
(
Prior Provisions
For prior section 511 of
Amendments
1990—
Transfer of Functions
Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, §108(b)] of
Section Referred to in Other Sections
This section is referred to in
§3762. Limitation on use of discretionary grant funds
Grant funds awarded under
(
Prior Provisions
For prior sections 512 to 514 of
subpart 2—grants to public agencies
Subpart Referred to in Other Sections
This subpart is referred to in
§3762a. Correctional options grants
(a) Authority to make grants
The Director, in consultation with the Director of the National Institute of Corrections, may make—
(1) 4 grants in each fiscal year, in various geographical areas throughout the United States, to public agencies for correctional options (including the cost of construction) that provide alternatives to traditional modes of incarceration and offender release programs—
(A) to provide more appropriate intervention for youthful offenders who are not career criminals, but who, without such intervention, are likely to become career criminals or more serious offenders;
(B) to provide a degree of security and discipline appropriate for the offender involved;
(C) to provide diagnosis, and treatment and services (including counseling, substance abuse treatment, education, job training and placement assistance while under correctional supervision, and linkage to similar outside services), to increase the success rate of offenders who decide to pursue a course of lawful and productive conduct after release from legal restraint;
(D) to reduce criminal recidivism by offenders who receive punishment through such alternatives;
(E) to reduce the cost of correctional services and facilities by reducing criminal recidivism; and
(F) to provide work that promotes development of industrial and service skills in connection with a correctional option;
(2) grants to private nonprofit organizations—
(A) for any of the purposes specified in subparagraphs (A) through (F) of paragraph (1);
(B) to undertake educational and training programs for criminal justice personnel;
(C) to provide technical assistance to States and local units of government; and
(D) to carry out demonstration projects which, in view of previous research or experience, are likely to be a success in more than one jurisdiction;
in connection with a correctional option (excluding the cost of construction); and
(3) grants to public agencies to establish, operate, and support boot camp prisons.
(b) Selection of grantees
The selection of applicants to receive grants under paragraphs (1) and (2) of subsection (a) of this section shall be based on their potential for developing or testing various innovative alternatives to traditional modes of incarceration and offender release programs. In selecting the applicants to receive grants under subsection (a)(3) of this section, the Director shall—
(1) consider the overall quality of an applicant's shock incarceration program, including the existence of substance abuse treatment, drug testing, counseling literacy education, vocational education, and job training programs during incarceration or after release; and
(2) give priority to public agencies that clearly demonstrate that the capacity of their correctional facilities is inadequate to accommodate the number of individuals who are convicted of offenses punishable by a term of imprisonment exceeding 1 year.
(c) Consultations
The Director shall consult with the Commission on Alternative Utilization of Military Facilities created by
(
References in Text
The Commission on Alternative Utilization of Military Facilities, referred to in subsec. (c), was created by section 2819 of
Prior Provisions
For prior section 515 of
Amendments
1994—Subsec. (b).
Transfer of Functions
Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, §108(b)] of
Section Referred to in Other Sections
This section is referred to in
§3762b. Allocation of funds; administrative provisions
(a) Allocation of funds
Of the total amount appropriated for this subpart in any fiscal year, 80 percent shall be used to make grants under
(b) Limit on grant share of cost
A grant made under paragraph (1) or (3) of
(c) Rules; report; request for applications
The Director shall—
(1) not later than 90 days after funds are first appropriated to carry out this subpart, issue rules to carry out this subpart; and
(2) not later than 180 days after funds are first appropriated to carry out this subpart—
(A) submit to the Speaker of the House of Representatives and the President pro tempore of the Senate, a report describing such rules; and
(B) request applications for grants under this subpart.
(
Prior Provisions
For prior section 516 of
Amendments
1994—Subsec. (a).
Subsec. (b).
Transfer of Functions
Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, §108(b)] of
subpart 3—general requirements
§3763. Application requirements
(a) No grant may be made under this part unless an application has been submitted to the Director in which the applicant—
(1) sets forth a program or project which is eligible for funding pursuant to
(2) describes the services to be provided, performance goals, and the manner in which the program is to be carried out;
(3) describes the method to be used to evaluate the program or project in order to determine its impact and effectiveness in achieving the stated goals; and
(4) agrees to conduct such evaluation according to the procedures and terms established by the Bureau.
(b) Each applicant for funds under this part shall certify that its program or project meets all the applicable requirements of this section, that all the applicable information contained in the application is correct, and that the applicant will comply with all the applicable provisions of this part and all other applicable Federal laws. Such certification shall be made in a form acceptable to the Director.
(
Prior Provisions
For prior section 517 of
Amendments
1990—Subsec. (a)(1).
Subsec. (b).
Transfer of Functions
Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, §108(b)] of
Section Referred to in Other Sections
This section is referred to in
§3764. Period of award
The Bureau may provide financial aid and assistance to programs or projects under this part for a period of not to exceed 4 years. Grants made pursuant to this part may be extended or renewed by the Bureau for an additional period of up to 2 years if—
(1) an evaluation of the program or project indicates that it has been effective in achieving the stated goals or offers the potential for improving the functioning of the criminal justice system; and
(2) the applicant that conducts such program or project agrees to provide at least one-half of the total cost of such program or project from any source of funds, including Federal grants, available to the eligible jurisdiction.
(
Prior Provisions
For prior sections 518 and 519 of
Amendments
1990—Par. (2).
Part C—Administrative Provisions
Part Referred to in Other Sections
This part is referred to in
§3766. Evaluation
(a) Guidelines and comprehensive evaluations
To increase the efficiency and effectiveness of programs funded under this subchapter, the National Institute of Justice shall—
(1) develop guidelines, in cooperation with the Bureau of Justice Assistance, to assist State and local units of government to conduct the program evaluations as required by
(2) conduct a reasonable number of comprehensive evaluations of programs funded under section 3756 (formula grants) and sections 3761 and 3762a (discretionary grants) of this title.
(b) Criteria for selecting programs for review
In selecting programs for review, the Director of the National Institute of Justice should consider—
(1) whether the program establishes or demonstrates a new and innovative approach to drug or crime control;
(2) the cost of the program to be evaluated and the number of similar programs funded under section 3756 (formula grants) and section 3761 (discretionary grants) of this title;
(3) whether the program has a high potential to be replicated in other jurisdictions; and
(4) whether there is substantial public awareness and community involvement in the program. Routine auditing, monitoring, and internal assessment of a State and local drug control program's progress shall be the sole responsibility of the Bureau of Justice Assistance.
(c) Annual report
The Director of the National Institute of Justice shall annually report to the President, the Attorney General, and the Congress on the nature and findings of the evaluation and research and development activities funded under this section.
(
Prior Provisions
For prior section 520 of
Amendments
1990—Subsec. (a)(2).
§3766a. General provisions
(a) The Bureau shall prepare both a "Program Brief" and "Implementation Guide" document for proven programs and projects to be funded under this subchapter.
(b) The functions, powers, and duties specified in this subchapter to be carried out by the Bureau shall not be transferred elsewhere in the Department of Justice unless specifically hereafter authorized by the Congress by law.
(
Prior Provisions
For prior section 521 of
§3766b. Reports
(a) Each State which receives a grant under
(1) a summary of the activities carried out with such grant and an assessment of the impact of such activities on meeting the needs identified in the State strategy submitted under
(2) a summary of the activities carried out in such year with any grant received under part B of this subchapter by such State;
(3) the evaluation result of programs and projects;
(4) an explanation of how the Federal funds provided under this subchapter were coordinated with State agencies receiving Federal funds for drug abuse education, prevention, treatment, and research activities; and
(5) such other information as the Director may require by rule.
Such report shall be submitted in such form and by such time as the Director may require by rule.
(b) Not later than 180 days after the end of each fiscal year for which grants are made under this subchapter, the Director shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report that includes with respect to each State—
(1) the aggregate amount of grants made under part A of this subchapter and part B of this subchapter to such State for such fiscal year;
(2) the amount of such grants awarded for each of the purposes specified in part A of this subchapter;
(3) a summary of the information provided in compliance with paragraphs (1) and (2) of subsection (a) of this section;
(4) an explanation of how Federal funds provided under this subchapter have been coordinated with Federal funds provided to States for drug abuse education, prevention, treatment, and research activities; and
(5) evaluation results of programs and projects and State strategy implementation.
(
Prior Provisions
For prior sections 523, 524, and 526 to 528 of
Transfer of Functions
Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, §108(b)] of