34 U.S.C. § 10617 — Distribution and allocation

Page 183 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10618 consultation and coordination with appro- priate State and local prosecutors, particu- larly when program participants fail to com- ply with program requirements; (2) explain the applicant’s inability to fund the program adequately without Federal as- sistance; (3) certify that the Federal support provided will be used to supplement, and not supplant, State, Indian tribal, and local sources of fund- ing that would otherwise be available; (4) identify related governmental or commu- nity initiatives which complement or will be coordinated with the proposal; (5) certify that there has been appropriate consultation with all affected agencies and that there will be appropriate coordination with all affected agencies in the implementa- tion of the program; (6) certify that participating offenders will be supervised by 1 or more designated judges with responsibility for the drug court pro- gram; (7) specify plans for obtaining necessary sup- port and continuing the proposed program fol- lowing the conclusion of Federal support; and (8) describe the methodology that will be used in evaluating the program. (Pub. L. 90–351, title I, § 2954, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1796.) Editorial Notes CODIFICATION Section was formerly classified to section 3797u–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10615. Applications To request funds under this subchapter, the chief executive or the chief justice of a State or the chief executive or judge of a unit of local government or Indian tribal government, or the chief judge of a State court or the judge of a local court or Indian tribal court shall submit an application to the Attorney General in such form and containing such information as the At- torney General may reasonably require. (Pub. L. 90–351, title I, § 2955, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1797.) Editorial Notes CODIFICATION Section was formerly classified to section 3797u–4 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10616. Federal share (a) In general The Federal share of a grant made under this subchapter may not exceed 75 percent of the total costs of the program described in the ap- plication submitted under section 10615 of this title for the fiscal year for which the program receives assistance under this subchapter, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section. (b) In-kind contributions In-kind contributions may constitute a por- tion of the non-Federal share of a grant. (Pub. L. 90–351, title I, § 2956, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1797.) Editorial Notes CODIFICATION Section was formerly classified to section 3797u–5 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10617. Distribution and allocation (a) Geographic distribution The Attorney General shall ensure that, to the extent practicable, an equitable geographic dis- tribution of grant awards is made. (b) Technical assistance and training Unless one or more applications submitted by any State or unit of local government within such State (other than an Indian tribe) for a grant under this subchapter has been funded in any fiscal year, such State, together with eligi- ble applicants within such State, shall be pro- vided targeted technical assistance and training by the Bureau of Justice Assistance to assist such State and such eligible applicants to suc- cessfully compete for future funding under this subchapter, and to strengthen existing State drug court systems. In providing such technical assistance and training, the Bureau of Justice Assistance shall consider and respond to the unique needs of rural States, rural areas and rural communities. (Pub. L. 90–351, title I, § 2957, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1797; amended Pub. L. 109–162, title XI, § 1142(a), Jan. 5, 2006, 119 Stat. 3110; Pub. L. 109–271, § 8(l), Aug. 12, 2006, 120 Stat. 767.) Editorial Notes CODIFICATION Section was formerly classified to section 3797u–6 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2006—Subsec. (b). Pub. L. 109–271 substituted ‘‘Bureau of Justice Assistance’’ for ‘‘Community Capacity De- velopment Office’’ in two places. Pub. L. 109–162 added subsec. (b) and struck out head- ing and text of former subsec. (b). Text read as follows: ‘‘Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this subchapter have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this subchapter not less than 0.50 percent of the total amount appropriated in the fiscal year for grants pursuant to this subchapter.’’ § 10618. Report A State, Indian tribal government, or unit of local government that receives funds under this subchapter during a fiscal year shall submit to the Attorney General a description and an eval- uation report on a date specified by the Attor-