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34 U.S.C. § 10151 — Name of program

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10151 — Name of program

**(a) In general** The grant program established under this part shall be known as the “Edward Byrne Memorial Justice Assistance Grant Program”. **(b) References to former programs** (1) Any reference in a law, regulation, document, paper, or other record of the United States to the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, or to the Local Government Law Enforcement Block Grants program, shall be deemed to be a reference to the grant program referred to in subsection (a). (2) Any reference in a law, regulation, document, paper, or other record of the United States to section 506 of this Act as such section was in effect on the date of the enactment of the Department of Justice Appropriations Authorization Act, Fiscal Years 2006 through 2009,11 See References in Text note below. shall be deemed to be a reference to section 505(a) of this Act as amended by the Department of Justice Appropriations Authorization Act, Fiscal Years 2006 through 2009.1

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Source location: Title 34, Chapter 101, § 10151; chapter-101-justice-system-improvement.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3756 — Transferred

### Statutory Notes #### Codification Section 3754 was editorially reclassified as [section 10155 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10155&num=0&edition=prelim), Crime Control and Law Enforcement.

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34 U.S.C. § 10156 — Formula

**(a) Allocation among States** (1) **In general** — Of the total amount appropriated for this part, the Attorney General shall, except as provided in paragraph (2), allocate— (A) 50 percent of such remaining amount to each State in amounts that bear the same ratio of— (i) the total population of a State to— (ii) the total population of the United States; and (B) 50 percent of such remaining amount to each State in amounts that bear the same ratio of— (i) the average annual number of part 1 violent crimes of the Uniform Crime Reports of the Federal Bureau of Investigation reported by such State for the three most recent years reported by such State to— (ii) the average annual number of such crimes reported by all States for such years. (2) **Minimum allocation** — If carrying out paragraph (1) would result in any State receiving an allocation less than 0.25 percent of the total amount (in this paragraph referred to as a “minimum allocation State”), then paragraph (1), as so carried out, shall not apply, and the Attorney General shall instead— (A) allocate 0.25 percent of the total amount to each State; and (B) using the amount remaining after carrying out subparagraph (A), carry out paragraph (1) in a manner that excludes each minimum allocation State, including the population of and the crimes reported by such State. **(b) Allocation between States and units of local government** Of the amounts allocated under subsection (a)— (1) 60 percent shall be for direct grants to States, to be allocated under subsection (c); and (2) 40 percent shall be for grants to be allocated under subsection (d). **(c) Allocation for State governments** (1) **In general** — Of the amounts allocated under subsection (b)(1), each State may retain for the

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34 U.S.C. § 10101 — Establishment of Office of Justice Programs

There is hereby established an Office of Justice Programs within the Department of Justice under the general authority of the Attorney General. The Office of Justice Programs (hereinafter referred to in this chapter as the “Office”) shall be headed by an Assistant Attorney General (hereinafter in this chapter referred to as the “Assistant Attorney General”) appointed by the President, by and with the advice and consent of the Senate.

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42 U.S.C. § 3750 — Transferred

### Statutory Notes #### Codification Section 3742 was editorially reclassified as [section 10142 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10142&num=0&edition=prelim), Crime Control and Law Enforcement. #### Prior Provisions For prior sections 3742 of this title, see note set out preceding [section 3741 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3741&num=0&edition=prelim).

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34 U.S.C. § 10152 — Description

**(a) Grants authorized** (1) **In general** — From amounts made available to carry out this part, the Attorney General may, in accordance with the formula established under [section 10156 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10156&num=0&edition=prelim), 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 app

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34 U.S.C. § 10153 — Applications

**(a) 11 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 b

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34 U.S.C. § 10154 — Review of applications

The Attorney General shall not finally disapprove any application (or any amendment to that application) submitted under this part without first affording the applicant reasonable notice of any deficiencies in the application and opportunity for correction and reconsideration.

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34 U.S.C. § 10155 — Rules

The Attorney General shall issue rules to carry out this part. The first such rules shall be issued not later than one year after the date on which amounts are first made available to carry out this part.

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34 U.S.C. § 10157 — Reserved funds

**(a)** Of the total amount made available to carry out this part for a fiscal year, the Attorney General shall reserve not more than— (1) $20,000,000, for use by the National Institute of Justice in assisting units of local government to identify, select, develop, modernize, and purchase new technologies for use by law enforcement, of which $1,000,000 shall be for use by the Bureau of Justice Statistics to collect data necessary for carrying out this part; and (2) $20,000,000, to be granted by the Attorney General to States and units of local government to develop and implement antiterrorism training programs. **(b)** Of the total amount made available to carry out this part for a fiscal year, the Attorney General may reserve not more than 5 percent, to be granted to 1 or more States or units of local government, for 1 or more of the purposes specified in [section 10152 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10152&num=0&edition=prelim), pursuant to his determination that the same is necessary— (1) to combat, address, or otherwise respond to precipitous or extraordinary increases in crime, or in a type or types of crime; or (2) to prevent, compensate for, or mitigate significant programmatic harm resulting from operation of the formula established under [section 10156 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10156&num=0&edition=prelim).

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34 U.S.C. § 10158 — Interest-bearing trust funds

**(a) Trust fund required** A State or unit of local government shall establish a trust fund in which to deposit amounts received under this part. **(b) Expenditures** (1) **In general** — Each amount received under this part (including interest on such amount) shall be expended before the date on which the grant period expires. (2) **Repayment** — A State or unit of local government that fails to expend an entire amount (including interest on such amount) as required by paragraph (1) shall repay the unexpended portion to the Attorney General not later than 3 months after the date on which the grant period expires. (3) **Reduction of future amounts** — If a State or unit of local government fails to comply with paragraphs (1) and (2), the Attorney General shall reduce amounts to be provided to that State or unit of local government accordingly. **(c) Repaid amounts** Amounts received as repayments under this section shall be subject to [section 10108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10108&num=0&edition=prelim) as if such amounts had not been granted and repaid. Such amounts shall be deposited in the Treasury in a dedicated fund for use by the Attorney General to carry out this part. Such funds are hereby made available to carry out this part.

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