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 section 3752 of this title; and

(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 section 3751(b) of this title and is authorized to make grants to, or enter into contracts with, those persons and entities to carry out the purposes specified in subsection (a)(1)(B) of this section in accordance with subsection (c) of this section. The Director shall have final authority over all funds awarded under this subpart.

(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.

(Pub. L. 90–351, title I, §510, as added Pub. L. 100–690, title VI, §6091(a), Nov. 18, 1988, 102 Stat. 4335; amended Pub. L. 101–647, title XVIII, §1801(a)(2), Nov. 29, 1990, 104 Stat. 4847; Pub. L. 103–322, title XXXII, §320702(a), Sept. 13, 1994, 108 Stat. 2121; Pub. L. 105–277, div. A, §101(b) [title I, §120(a)], Oct. 21, 1998, 112 Stat. 2681–50, 2681-70.)

Prior Provisions

For prior section 510 of Pub. L. 90–351 and prior section 3760 of this title, see note set out preceding section 3750 of this title.

Amendments

1998—Subsec. (a)(1). Pub. L. 105–277, §101(b) [title I, §120(a)(1)], added par. (1) and struck out former par. (1) which read as follows: "undertaking educational and training programs for criminal justice personnel;".

Subsec. (b). Pub. L. 105–277, §101(b) [title I, §120(a)(2)], inserted before period at end of first sentence "and is authorized to make grants to, or enter into contracts with, those persons and entities to carry out the purposes specified in subsection (a)(1)(B) of this section in accordance with subsection (c) of this section".

Subsec. (c). Pub. L. 105–277, §101(b) [title I, §120(a)(3)], added subsec. (c).

1994—Subsec. (b). Pub. L. 103–322 inserted "non-Federal" after "with".

1990—Pub. L. 101–647 substituted "subpart" for "part" wherever appearing.

Effective Date of 1998 Amendment

Pub. L. 105–277, div. A, §101(b) [title I, §120(b)], Oct. 21, 1998, 112 Stat. 2681–50, 2681-71, provided that: "The amendments made by this section [amending this section] shall take effect on the earlier of—

"(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 Pub. L. 103–322 provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1994."

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 Pub. L. 106–113, set out as a note under section 3741 of this title.

§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 section 3753 of this title. Grants under this section may be made for amounts up to 100 percent of the costs of the programs or projects contained in the approved application.

(Pub. L. 90–351, title I, §511, as added Pub. L. 100–690, title VI, §6091(a), Nov. 18, 1988, 102 Stat. 4336; amended Pub. L. 101–647, title XVIII, §1801(a)(3), Nov. 29, 1990, 104 Stat. 4847.)

Prior Provisions

For prior section 511 of Pub. L. 90–351 and prior sections 3761 of this title, see note set out preceding section 3750 of this title.

Amendments

1990—Pub. L. 101–647 struck out "discretionary" before "grants" in section catchline and inserted "(other than subpart 2 of this part)" after "subchapter" in text.

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 Pub. L. 106–113, set out as a note under section 3741 of this title.

Section Referred to in Other Sections

This section is referred to in sections 3756, 3762, 3763, 3766 of this title.

§3762. Limitation on use of discretionary grant funds

Grant funds awarded under section 3761 of this title shall not be used for land acquisition or construction projects.

(Pub. L. 90–351, title I, §512, as added Pub. L. 100–690, title VI, §6091(a), Nov. 18, 1988, 102 Stat. 4336.)

Prior Provisions

For prior sections 512 to 514 of Pub. L. 90–351 and prior sections 3762 to 3764 of this title, see note set out preceding section 3750 of this title and sections 3763 and 3764 of this title.