34 U.S.C. § 11295 — Criteria for grants

Page 292 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11295 1 So in original. Probably should be ‘‘contracts.’’ assurance that they will expend, to the greatest extent practicable, for such fiscal year an amount of funds (without regard to any funds received under any Federal law) that is not less than the amount of funds they received in the preceding fiscal year from State, local, and pri- vate sources. (Pub. L. 93–415, title IV, § 405, formerly § 406, as added Pub. L. 98–473, title II, § 660, Oct. 12, 1984, 98 Stat. 2128; renumbered § 405 and amended Pub. L. 100–690, title VII, §§ 7287, 7290(a), Nov. 18, 1988, 102 Stat. 4460, 4461; Pub. L. 101–204, title X, § 1004(3), Dec. 7, 1989, 103 Stat. 1828; Pub. L. 106–71, § 2(d), Oct. 12, 1999, 113 Stat. 1035; Pub. L. 113–38, § 2(c), Sept. 30, 2013, 127 Stat. 528; Pub. L. 115–267, § 2(d), Oct. 11, 2018, 132 Stat. 3759; Pub. L. 115–393, title II, § 202(d), Dec. 21, 2018, 132 Stat. 5270.) Editorial Notes CODIFICATION Section was formerly classified to section 5775 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 405 of Pub. L. 93–415 was classified to section 5774 of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 100–690, title VII, § 7286, Nov. 18, 1988, 102 Stat. 4460. AMENDMENTS 2018—Subsec. (a)(7). Pub. L. 115–267, § 2(d)(1)(A), and Pub. L. 115–393, § 202(d)(1)(A), amended par. (7) identi- cally, striking out ‘‘(as defined in section 11292(1)(A) of this title)’’ after ‘‘missing children’’. Subsec. (a)(8). Pub. L. 115–267, § 2(d)(1)(B), and Pub. L. 115–393, § 202(d)(1)(B), amended par. (8) identically, sub- stituting ‘‘parents’’ for ‘‘legal custodians’’ and ‘‘par- ents’ ’’ for ‘‘custodians’ ’’. Subsec. (b)(1)(A). Pub. L. 115–267, § 2(d)(2), and Pub. L. 115–393, § 202(d)(2), amended subpar. (A) identically, sub- stituting ‘‘parents’’ for ‘‘legal custodians’’. 2013—Subsec. (a)(1). Pub. L. 113–38, § 2(c)(1), inserted ‘‘schools, school leaders, teachers, State and local edu- cational agencies, homeless shelters and service pro- viders,’’ after ‘‘children,’’. Subsec. (a)(3). Pub. L. 113–38, § 2(c)(2), inserted ‘‘and schools’’ after ‘‘communities’’. 1999—Subsec. (a). Pub. L. 106–71 inserted ‘‘the Center and with’’ before ‘‘public agencies’’ in introductory pro- visions. 1989—Subsec. (a)(9). Pub. L. 101–204 substituted ‘‘clearinghouses’’ for ‘‘clearinghouse’’. 1988—Subsec. (a)(7) to (9). Pub. L. 100–690, § 7287, added pars. (7) to (9). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–267 effective Oct. 11, 2018, and applicable to fiscal years beginning after Sept. 30, 2018, see section 4 of Pub. L. 115–267, set out as a note under section 11291 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–690 effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100–690, set out as a note under section 11101 of this title. § 11295. Criteria for grants (a) Establishment of priorities and criteria; pub- lication in Federal Register In carrying out the programs authorized by this subchapter, the Administrator shall estab- lish— (1) annual research, demonstration, and service program priorities for making grants and contracts pursuant to section 11294 of this title; and (2) criteria based on merit for making such grants and contracts. Not less than 60 days before establishing such priorities and criteria, the Administrator shall publish in the Federal Register for public com- ment a statement of such proposed priorities and criteria. (b) Competitive selection process for grant or contract exceeding $50,000 No grant or contract exceeding $50,000 shall be made under this subchapter unless the grantee or contractor has been selected by a competitive process which includes public announcement of the availability of funds for such grant or con- tract, general criteria for the selection of recipi- ents or contractors, and a description of the ap- plication process and application review process. (c) Multiple grants or contracts to same grantee or contractor Multiple grants or contracts to the same grantee or contractor within any 1 year to sup- port activities having the same general purpose shall be deemed to be a single grant for the pur- pose of this subsection, but multiple grants or contracts to the same grantee or contractor to support clearly distinct activities shall be con- sidered separate grants or contractors.1 (Pub. L. 93–415, title IV, § 406, formerly § 407, as added Pub. L. 98–473, title II, § 660, Oct. 12, 1984, 98 Stat. 2129; renumbered § 406 and amended Pub. L. 100–690, title VII, §§ 7288, 7290, Nov. 18, 1988, 102 Stat. 4461.) Editorial Notes CODIFICATION Section was formerly classified to section 5776 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. PRIOR PROVISIONS A prior section 406 of Pub. L. 93–415 was renumbered section 405 and is classified to section 11294 of this title. AMENDMENTS 1988—Pub. L. 100–690, § 7290(b), which purported to make technical amendment to reference to section 5775 of this title to reflect renumbering of corresponding section of original act, could not be executed to text because of general amendment of section by Pub. L. 100–690, § 7288, see below. Pub. L. 100–690, § 7288, amended section generally. Prior to amendment, section read as follows: ‘‘The Ad- ministrator, in consultation with the Advisory Board, shall establish annual research, demonstration, and service program priorities for making grants and con- tracts pursuant to section 5775 of this title and, not less than 60 days before establishing such priorities, shall publish in the Federal Register for public comment a statement of such proposed priorities.’’ Page 293 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11296 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–690 effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100–690, set out as a note under section 11101 of this title. § 11295a. Reporting (a) Required reporting As a condition of receiving funds under section 11293(b) of this title, the grant recipient shall, based solely on reports received by the grantee and not involving any data collection by the grantee other than those reports, annually pro- vide to the Administrator and make available to the general public, as appropriate— (1) the number of children nationwide who are reported to the grantee as missing; (2) the number of children nationwide who are reported to the grantee as victims of non- family abductions; (3) the number of children nationwide who are reported to the grantee as victims of fam- ily abductions; (4) the number of missing children recovered nationwide whose recovery was reported to the grantee; (5) the number of children nationwide who are reported to the grantee as missing from State-sponsored care; (6) the number of children nationwide who are reported to the grantee as missing from State-sponsored care whose recovery was re- ported to the grantee; and (7) the number of children nationwide who are reported to the grantee as missing from State-sponsored care and are likely victims of child sex trafficking. (b) Incidence of attempted child abductions As a condition of receiving funds under section 11293(b) of this title, the grant recipient shall— (1) track the incidence of attempted child abductions in order to identify links and pat- terns; (2) provide such information to law enforce- ment agencies; and (3) make such information available to the general public, as appropriate. (c) Criteria for forensic partnerships As a condition of receiving funds under section 11293(b) of this title, the grant recipient shall annually provide to the Administrator and make available to the general public, as appro- priate, the criteria and processes the grantee uses to establish forensic partnerships and rec- ommend forensic resources to law enforcement and shall annually review these forensic part- nerships and forensic referrals against the cri- teria and review new advancements in tech- nology. (Pub. L. 93–415, title IV, § 407, as added Pub. L. 115–267, § 2(e)(2), Oct. 11, 2018, 132 Stat. 3760, and Pub. L. 115–393, title II, § 202(e)(2), Dec. 21, 2018, 132 Stat. 5271; amended Pub. L. 118–65, § 2(c), June 17, 2024, 138 Stat. 1442.) Editorial Notes CODIFICATION Pub. L. 115–267 and Pub. L. 115–393 enacted identical sections. PRIOR PROVISIONS A prior section 407 of Pub. L. 93–415 was renumbered section 408 and is classified to section 11296 of this title. Another prior section 407 of title IV of Pub. L. 93–415, as added Pub. L. 103–322, title XVII, § 170303(2), Sept. 13, 1994, 108 Stat. 2043, established the Missing and Ex- ploited Children’s Task Force, prior to repeal by Pub. L. 110–240, § 5(1), June 3, 2008, 122 Stat. 1564. AMENDMENTS 2024—Subsec. (a)(5) to (7). Pub. L. 118–65, § 2(c)(1), added pars. (5) to (7). Subsec. (c). Pub. L. 118–65, § 2(c)(2), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 11, 2018, and applicable to fiscal years beginning after Sept. 30, 2018, see section 4 of Pub. L. 115–267, set out as an Effective Date of 2018 Amendment note under section 11291 of this title. § 11296. Oversight and accountability All grants awarded by the Department of Jus- tice that are authorized under this subchapter shall be subject to the following: (1) Audit requirement For 2 of the fiscal years in the period of fis- cal years 2014 through 2023, the Inspector Gen- eral of the Department of Justice shall con- duct audits of the recipient of grants under this subchapter to prevent waste, fraud, and abuse by the grantee. (2) Mandatory exclusion If the recipient of grant funds under this subchapter is found to have an unresolved audit finding, then that entity shall not be eli- gible to receive grant funds under this sub- chapter during the 2 fiscal years beginning after the 12-month period described in para- graph (4). (3) Repayment of grant funds If an entity is awarded grant funds under this subchapter during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Attorney Gen- eral shall— (A) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treas- ury; and (B) seek to recoup the costs of the repay- ment to the fund from the grant recipient that was erroneously awarded grant funds. (4) Defined term In this section, the term ‘‘unresolved audit finding’’ means an audit report finding in the final report of the Inspector General of the De- partment of Justice that the grantee has uti- lized grant funds for an unauthorized expendi- ture or otherwise unallowable cost that is not closed or resolved within a 12-month period be- ginning on the date when the final audit re- port is issued. (5) Nonprofit organization requirements (A) Definition For purposes of this section and the grant programs described in this subchapter, the