34 U.S.C. § 10108 — Availability of funds

Page 32 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10107 2 So in original. Probably should be capitalized. (e) Availability of funds not 2 to exceed 3 percent of all funding made available for a fiscal year for the programs cov- ered by section 10103(b) 1 of this title shall be re- served for the Community Capacity Develop- ment Office for the activities authorized by this section. (Pub. L. 90–351, title I, § 106, as added Pub. L. 109–162, title XI, § 1159(a), Jan. 5, 2006, 119 Stat. 3116; amended Pub. L. 109–271, § 8(f), Aug. 12, 2006, 120 Stat. 766.) Editorial Notes REFERENCES IN TEXT Section 10103(b) of this title, referred to in subsecs. (a)(2) and (e), probably should be a reference to section 10109(b) of this title because section 10103(b) relates to Director assistance and section 10109(b) specifically sets out covered programs. January 5, 2006, referred to in subsec. (a)(3), was in the original ‘‘the date of the enactment of this Act’’ and was translated as meaning the date of enactment of Pub. L. 109–162, which enacted this section, to reflect the probable intent of Congress. CODIFICATION Section was formerly classified to section 3712e of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification. AMENDMENTS 2006—Subsecs. (a)(2), (e). Pub. L. 109–217 substituted ‘‘section 3712a(b)’’ for ‘‘section 3712d(b)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 109–162, title XI, § 1159(b), Jan. 5, 2006, 119 Stat. 3117, provided that: ‘‘This section [enacting this sec- tion] and the amendment made by this section take ef- fect 90 days after the date of the enactment of this Act [Jan. 5, 2006].’’ § 10107. Division of Applied Law Enforcement Technology (a) Establishment There is established within the Office of Science and Technology, the Division of Applied Law Enforcement Technology, headed by an in- dividual appointed by the Attorney General. The purpose of the Division shall be to provide lead- ership and focus to those grants of the Depart- ment of Justice that are made for the purpose of using or improving law enforcement computer systems. (b) Duties In carrying out the purpose of the Division, the head of the Division shall— (1) establish clear minimum standards for computer systems that can be purchased using amounts awarded under such grants; and (2) ensure that recipients of such grants use such systems to participate in crime reporting programs administered by the Department, such as Uniform Crime Reports or the Na- tional Incident-Based Reporting System. (Pub. L. 90–351, title I, § 107, as added Pub. L. 109–162, title XI, § 1160(a), Jan. 5, 2006, 119 Stat. 3117.) Editorial Notes CODIFICATION Section was formerly classified to section 3712f of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 109–162, title XI, § 1160(b), Jan. 5, 2006, 119 Stat. 3117, as amended by Pub. L. 109–271, § 8(n)(4)(A), Aug. 12, 2006, 120 Stat. 768, provided that: ‘‘This section [enact- ing this section] and the amendment made by this sec- tion take effect on October 1, 2006.’’ § 10108. Availability of funds (a) Period for awarding grant funds (1) In general Unless otherwise specifically provided in an authorization, DOJ grant funds for a fiscal year shall remain available to be awarded and distributed to a grantee only in that fiscal year and the three succeeding fiscal years, subject to paragraphs (2) and (3). DOJ grant funds not so awarded and distributed shall re- vert to the Treasury. (2) Treatment of reprogrammed funds DOJ grant funds for a fiscal year that are re- programmed in a later fiscal year shall be treated for purposes of paragraph (1) as DOJ grant funds for such later fiscal year. (3) Treatment of deobligated funds If DOJ grant funds were obligated and then deobligated, the period of availability that ap- plies to those grant funds under paragraph (1) shall be extended by a number of days equal to the number of days from the date on which those grant funds were obligated to the date on which those grant funds were deobligated. (b) Period for expending grant funds DOJ grant funds for a fiscal year that have been awarded and distributed to a grantee may be expended by that grantee only in the period permitted under the terms of the grant. DOJ grant funds not so expended shall be deobligated. (c) Definition In this section, the term ‘‘DOJ grant funds’’ means, for a fiscal year, amounts appropriated for activities of the Department of Justice in carrying out grant programs for that fiscal year. (d) Applicability This section applies to DOJ grant funds for fis- cal years beginning with fiscal year 2006. (Pub. L. 90–351, title I, § 108, as added Pub. L. 109–162, title XI, § 1161(a), Jan. 5, 2006, 119 Stat. 3118; amended Pub. L. 109–271, § 8(g), Aug. 12, 2006, 120 Stat. 767.) Editorial Notes CODIFICATION Section was formerly classified to section 3712g of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Page 33 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10109 AMENDMENTS 2006—Subsec. (b). Pub. L. 109–271 substituted ‘‘be deobligated’’ for ‘‘revert to the Treasury’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 109–162, title XI, § 1161(b), Jan. 5, 2006, 119 Stat. 3118, as amended by Pub. L. 109–271, § 8(n)(4)(B), Aug. 12, 2006, 120 Stat. 768, provided that: ‘‘This section [enact- ing this section] and the amendment made by this sec- tion take effect on October 1, 2006.’’ § 10109. Office of Audit, Assessment, and Manage- ment (a) Establishment (1) In general There is established within the Office an Of- fice of Audit, Assessment, and Management, headed by a Director appointed by the Attor- ney General. In carrying out the functions of the Office, the Director shall be subject to the authority, direction, and control of the Attor- ney General. Such authority, direction, and control may be delegated only to the Assist- ant Attorney General, without redelegation. (2) Purpose The purpose of the Office shall be to carry out and coordinate program assessments of, take actions to ensure compliance with the terms of, and manage information with re- spect to, grants under programs covered by subsection (b). The Director shall take special conditions of the grant into account and con- sult with the office that issued those condi- tions to ensure appropriate compliance. (3) Exclusivity The Office shall be the exclusive element of the Department of Justice, other than the In- spector General, performing functions and ac- tivities for the purpose specified in paragraph (2). There are hereby transferred to the Office all functions and activities, other than func- tions and activities of the Inspector General, for such purpose performed immediately be- fore January 5, 2006, by any other element of the Department. (b) Covered programs The programs referred to in subsection (a) are the following: (1) The program under subchapter XVI of this chapter. (2) Any grant program carried out by the Of- fice of Justice Programs. (3) Any other grant program carried out by the Department of Justice that the Attorney General considers appropriate. (c) Program assessments required (1) In general The Director shall select grants awarded under the programs covered by subsection (b) and carry out program assessments on such grants. In selecting such grants, the Director shall ensure that the aggregate amount award- ed under the grants so selected represent not less than 10 percent of the aggregate amount of money awarded under all such grant pro- grams. (2) Relationship to NIJ evaluations This subsection does not affect the authority or duty of the Director of the National Insti- tute of Justice to carry out overall evalua- tions of programs covered by subsection (b), except that such Director shall consult with the Director of the Office in carrying out such evaluations. (3) Timing of program assessments The program assessment required by para- graph (1) of a grant selected under paragraph (1) shall be carried out— (A) not later than the end of the grant pe- riod, if the grant period is not more than 1 year; and (B) at the end of each year of the grant pe- riod, if the grant period is more than 1 year. (d) Compliance actions required The Director shall take such actions to ensure compliance with the terms of a grant as the Di- rector considers appropriate with respect to each grant that the Director determines (in con- sultation with the head of the element of the Department of Justice concerned), through a program assessment under subsection (a) or other means, is not in compliance with such terms. In the case of a misuse of more than 1 percent of the grant amount concerned, the Di- rector shall, in addition to any other action to ensure compliance that the Director considers appropriate, ensure that the entity responsible for such misuse ceases to receive any funds under any program covered by subsection (b) until such entity repays to the Attorney Gen- eral an amount equal to the amounts misused. The Director may, in unusual circumstances, grant relief from this requirement to ensure that an innocent party is not punished. (e) Grant management system The Director shall establish and maintain, in consultation with the chief information officer of the Office, a modern, automated system for managing all information relating to the grants made under the programs covered by subsection (b). (f) Availability of funds Not to exceed 3 percent of all funding made available for a fiscal year for the programs cov- ered by subsection (b) shall be reserved for the Office of Audit, Assessment and Management for the activities authorized by this section. (Pub. L. 90–351, title I, § 109, formerly § 105, as added Pub. L. 109–162, title XI, § 1158(a), Jan. 5, 2006, 119 Stat. 3114; renumbered § 109, Pub. L. 109–271, § 8(e), Aug. 12, 2006, 120 Stat. 766.) Editorial Notes REFERENCES IN TEXT January 5, 2006, referred to in subsec. (a)(3), was in the original ‘‘the date of the enactment of this Act’’ and was translated as meaning the date of enactment of Pub. L. 109–162, which enacted this section, to reflect the probable intent of Congress. CODIFICATION Section was formerly classified to section 3712h of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section.