34 U.S.C. § 10106 — Community Capacity Development Office

Page 31 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10106 1 See References in Text Note below. vention programs with other Federal pro- grams in a manner that addresses the over- all needs of such communities. (5) Federal share (A) Subject to subparagraph (B), the Federal share of a grant under this subsection may not exceed 75 percent of the total costs of the projects described in the application for which the grant was made. (B) The requirement of subparagraph (A)— (i) may be satisfied in cash or in kind; and (ii) may be waived by the Assistant Attor- ney General upon a determination that the financial circumstances affecting the appli- cant warrant a finding that such a waiver is equitable. (6) Supplement, not supplant To receive a grant under this subsection, the applicant must provide assurances that the amounts received under the grant shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for programs or services provided in the commu- nity. (Pub. L. 90–351, title I, § 104, as added Pub. L. 109–162, title XI, § 1121(a), Jan. 5, 2006, 119 Stat. 3104.) Editorial Notes CODIFICATION Section was formerly classified to section 3712b 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 Section effective with respect to appropriations for fiscal year 2007 and for each fiscal year thereafter, see section 1121(c) of Pub. L. 109–162, set out as a note under section 10103 of this title. § 10105. Inclusion of Indian tribes For purposes of sections 10103 and 10104 of this title, the term ‘‘State’’ includes an Indian tribal government. (Pub. L. 90–351, title I, § 105, as added Pub. L. 109–162, title XI, § 1121(a), Jan. 5, 2006, 119 Stat. 3107.) Editorial Notes CODIFICATION Section was formerly classified to section 3712c of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Another section 105 of Pub. L. 90–351 was renumbered section 109 and is classified to section 10109 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective with respect to appropriations for fiscal year 2007 and for each fiscal year thereafter, see section 1121(c) of Pub. L. 109–162, set out as a note under section 10103 of this title. § 10106. Community Capacity Development Office (a) Establishment (1) In general There is established within the Office a Com- munity Capacity Development Office, headed by a Director appointed by the Attorney Gen- eral. In carrying out the functions of the Of- fice, the Director shall be subject to the au- thority, direction, and control of the Attorney General. Such authority, direction, and con- trol may be delegated only to the Assistant Attorney General, without redelegation. (2) Purpose The purpose of the Office shall be to provide training to actual and prospective partici- pants under programs covered by section 10103(b) 1 of this title to assist such partici- pants in understanding the substantive and procedural requirements for participating in such programs. (3) Exclusivity The Office shall be the exclusive element of the Department of Justice performing func- tions and activities for the purpose specified in paragraph (2). There are hereby transferred to the Office all functions and activities for such purpose performed immediately before January 5, 2006, by any other element of the Department. This does not preclude a grant- making office from providing specialized training and technical assistance in its area of expertise. (b) Means The Director shall, in coordination with the heads of the other elements of the Department, carry out the purpose of the Office through the following means: (1) Promoting coordination of public and pri- vate efforts and resources within or available to States, units of local government, and neighborhood and community-based organiza- tions. (2) Providing information, training, and technical assistance. (3) Providing support for inter- and intra- agency task forces and other agreements and for assessment of the effectiveness of pro- grams, projects, approaches, or practices. (4) Providing in the assessment of the effec- tiveness of neighborhood and community- based law enforcement and crime prevention strategies and techniques, in coordination with the National Institute of Justice. (5) Any other similar means. (c) Locations Training referred to in subsection (a) shall be provided on a regional basis to groups of such participants. In a case in which remedial train- ing is appropriate, as recommended by the Di- rector or the head of any element of the Depart- ment, such training may be provided on a local basis to a single such participant. (d) Best practices The Director shall— (1) identify grants under which clearly bene- ficial outcomes were obtained, and the charac- teristics of those grants that were responsible for obtaining those outcomes; and (2) incorporate those characteristics into the training provided under this section. 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.