34 U.S.C. § 10664 — Authority to award competitive grants to

Page 206 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10664 1 So in original. The word ‘‘and’’ probably should not appear. 2 So in original. Probably should be par. ‘‘(3)’’. 3 So in original. The comma probably should not appear. 4 So in original. The word ‘‘needs’’ probably should not appear. in section 10554 of this title) for the purpose of carrying out programs to provide comprehensive services to aid children who are living in a home in which methamphetamine or other controlled substances are unlawfully manufactured, dis- tributed, dispensed, or used. (b) Certain requirements The Attorney General shall ensure that the services carried out with grants under sub- section (a) include the following: (1) Coordination among law enforcement agencies, prosecutors, child protective serv- ices, social services, health care services, and any other services determined to be appro- priate by the Attorney General to provide as- sistance regarding the problems of children de- scribed in subsection (a). (2) Transition of children from toxic or drug- endangering environments to appropriate resi- dential environments. (c) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $20,000,000 for each of the fiscal years 2008 and 2009. Amounts appropriated under the preceding sentence shall remain available until expended. (Pub. L. 109–177, title VII, § 755, Mar. 9, 2006, 120 Stat. 275; Pub. L. 110–161, div. B, title II, § 220(b), Dec. 26, 2007, 121 Stat. 1916; Pub. L. 110–345, § 2, Oct. 7, 2008, 122 Stat. 3938.) Editorial Notes CODIFICATION Section was enacted as part of the Combat Meth- amphetamine Epidemic Act of 2005, and also as part of the USA PATRIOT Improvement and Reauthorization Act of 2005, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which com- prises this chapter. Section was formerly classified to section 3797cc–2 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 2008—Subsec. (c). Pub. L. 110–345 substituted ‘‘fiscal years 2008 and 2009’’ for ‘‘fiscal years 2006 and 2007’’. 2007—Subsec. (a). Pub. L. 110–161 inserted ‘‘, territories, and Indian tribes (as defined in section 3797d of this title)’’ after ‘‘make grants to States’’. § 10664. Authority to award competitive grants to address methamphetamine use by pregnant and parenting women offenders (a) Purpose and program authority (1) Grant authorization The Attorney General may award competi- tive grants to address the use of methamphet- amine among pregnant and parenting women offenders to promote public safety, public health, family permanence and well being. (2) Purposes and program authority Grants awarded under this section shall be used to facilitate or enhance and 1 collabora- tion between the criminal justice, child wel- fare, and State, territorial, or Tribal sub- stance abuse systems in order to carry out programs to address the use of methamphet- amine drugs by pregnant and parenting women offenders. (b) Definitions In this section, the following definitions shall apply: (1) Child welfare agency The term ‘‘child welfare agency’’ means the State, territorial, or Tribal agency responsible for child or family services and welfare. (2) Criminal justice agency The term ‘‘criminal justice agency’’ means an agency of the State, territory, Indian tribe, or local government or its contracted agency that is responsible for detection, arrest, en- forcement, prosecution, defense, adjudication, incarceration, probation, or parole relating to the violation of the criminal laws of that State, territory, Indian tribe, or local govern- ment. (C) 2 Indian tribe The term ‘‘Indian tribe’’ has the meaning given the term in section 10554 of this title. (c) Applications (1) In general No grant may be awarded under this section unless an application has been submitted to, and approved by, the Attorney General. (2) Application An application for a grant under this section shall be submitted in such form, and contain such information, as the Attorney General,3 may prescribe by regulation or guidelines. (3) Eligible entities The Attorney General shall make grants to States, territories, and Indian tribes. Appli- cants must demonstrate extensive collabora- tion with the State criminal justice agency and child welfare agency in the planning and implementation of the program. (4) Contents In accordance with the regulations or guide- lines established by the Attorney General in consultation with the Secretary of Health and Human Services, each application for a grant under this section shall contain a plan to ex- pand the services for pregnant and parenting women offenders who are pregnant women or women with dependent children for the use of methamphetamine or methamphetamine and other drugs and include the following in the plan: (A) A description of how the applicant will work jointly with the criminal justice and child welfare agencies needs 4 associated with the use of methamphetamine or meth- amphetamine and other drugs by pregnant and parenting women offenders to promote family stability and permanence. (B) A description of the nature and the ex- tent of the problem of methamphetamine Page 207 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10671 5 So in original. Probably should be ‘‘after’’. use by pregnant and parenting women of- fenders. (C) A certification that the State has in- volved counties, Indian tribes, and other units of local government, when appropriate, in the development, expansion, modification, operation or improvement of proposed pro- grams to address the use, manufacture, or sale of methamphetamine. (D) A certification that funds received under this section will be used to supple- ment, not supplant, other Federal, State, Tribal, and local funds. (E) A description of clinically appropriate practices and procedures to— (i) screen and assess pregnant and par- enting women offenders for addiction to methamphetamine and other drugs; (ii) when clinically appropriate for both the women and children, provide family treatment for pregnant and parenting women offenders, with clinically appro- priate services in the same location to pro- mote family permanence and self suffi- ciency; and (iii) provide for a process to enhance or ensure the abilities of the child welfare agency, criminal justice agency and State substance agency to work together to re- unite families when appropriate in the case where family treatment is not pro- vided. (d) Period of grant The grant shall be a three-year grant. Success- ful applicants may reapply for only one addi- tional three-year funding cycle and the Attor- ney General may approve such applications. (e) Performance accountability; reports and eval- uations (1) Reports Successful applicants shall submit to the At- torney General a report on the activities car- ried out under the grant at the end of each fis- cal year. (2) Evaluations Not later than 12 months at 5 the end of the 3 year funding cycle under this section, the Attorney General shall submit a report to the appropriate committees of jurisdiction that summarizes the results of the evaluations con- ducted by recipients and recommendations for further legislative action. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be nec- essary. (Pub. L. 109–177, title VII, § 756, Mar. 9, 2006, 120 Stat. 275; Pub. L. 110–161, div. B, title II, § 220(c), Dec. 26, 2007, 121 Stat. 1916.) Editorial Notes CODIFICATION Section was enacted as part of the Combat Meth- amphetamine Epidemic Act of 2005, and also as part of the USA PATRIOT Improvement and Reauthorization Act of 2005, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which com- prises this chapter. Section was formerly classified to section 3797cc–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2007—Subsec. (a)(2). Pub. L. 110–161, § 220(c)(1), in- serted ‘‘, territorial, or Tribal’’ after ‘‘State’’. Subsec. (b)(1). Pub. L. 110–161, § 220(c)(2)(A), inserted ‘‘, territorial, or Tribal’’ after ‘‘State’’ and substituted ‘‘or’’ for ‘‘and/or’’. Subsec. (b)(2). Pub. L. 110–161, § 220(c)(2)(B), inserted ‘‘, territory, Indian tribe,’’ after ‘‘agency of the State’’ and after ‘‘criminal laws of that State’’. Subsec. (b)(C). Pub. L. 110–161, § 220(c)(2)(C), added par. (C). Subsec. (c)(3). Pub. L. 110–161, § 220(c)(3)(A), sub- stituted ‘‘Indian tribes’’ for ‘‘Indian Tribes’’. Subsec. (c)(4). Pub. L. 110–161, § 220(c)(3)(B)(i), struck out ‘‘State’s’’ after ‘‘expand the’’ and substituted ‘‘women or’’ for ‘‘women and/or’’ in introductory provi- sions. Subsec. (c)(4)(A). Pub. L. 110–161, § 220(c)(3)(B)(ii), struck out ‘‘State’’ after ‘‘with the’’. Subsec. (c)(4)(C). Pub. L. 110–161, § 220(c)(3)(B)(iii), in- serted ‘‘, Indian tribes,’’ after ‘‘involved counties’’. Subsec. (c)(4)(D). Pub. L. 110–161, § 220(c)(3)(B)(iv), in- serted ‘‘, Tribal’’ after ‘‘Federal, State’’. SUBCHAPTER XXXV—LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DE- FENDERS Editorial Notes CODIFICATION This subchapter is comprised of part JJ of title I of the Omnibus Crime Control and Safe Streets Act of 1968, Pub. L. 90–351. Another part JJ of title I of Pub. L. 90–351 was classified to subchapter XXXVI (§ 10681) of this chapter, prior to repeal by Pub. L. 115–391, title V, § 502(c)(1), Dec. 21, 2018, 132 Stat. 5228. § 10671. Grant authorization (a) Purpose The purpose of this section is to encourage qualified individuals to enter and continue em- ployment as prosecutors and public defenders. (b) Definitions In this section: (1) Prosecutor The term ‘‘prosecutor’’ means a full-time employee of a State or unit of local govern- ment who— (A) is continually licensed to practice law; and (B) prosecutes criminal or juvenile delin- quency cases at the State or unit of local government level (including supervision, education, or training of other persons pros- ecuting such cases). (2) Public defender The term ‘‘public defender’’ means an attor- ney who— (A) is continually licensed to practice law; and (B) is— (i) a full-time employee of a State or unit of local government who provides legal representation to indigent persons in