34 U.S.C. § 10362 — State applications

Page 107 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10362 Another prior section 1501 of Pub. L. 90–351, title X, June 19, 1968, 82 Stat. 238, was not classified to the Code. AMENDMENTS 1994—Subsec. (a)(2)(A). Pub. L. 103–322, § 180101(b), sub- stituted ‘‘$250,000’’ for ‘‘$100,000’’. Subsec. (b). Pub. L. 103–322, § 180101(c), inserted before period at end ‘‘, based on the decennial census of 1990 through fiscal year 1997’’. § 10352. Other requirements Parts A and C of subchapter V of this chapter shall apply with respect to funds appropriated to carry out this subchapter, in the same manner as such parts apply to funds appropriated to carry out subchapter V, except that— (1) section 10156(a) of this title shall not apply with respect to this subchapter; and (2) in addition to satisfying the require- ments of section 10153 of this title, each appli- cation for a grant under this subchapter shall include in its application a statement speci- fying how such grant will be coordinated with a grant received under section 10156 of this title for the same fiscal year. (Pub. L. 90–351, title I, § 1502, as added Pub. L. 101–647, title VIII, § 801(a)(3), Nov. 29, 1990, 104 Stat. 4825; amended Pub. L. 109–162, title XI, § 1111(c)(2)(G), Jan. 5, 2006, 119 Stat. 3102.) Editorial Notes CODIFICATION Section was formerly classified to section 3796bb–1 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. Another section 1502 of Pub. L. 90–351, title X, June 19, 1968, 82 Stat. 238, is not classified to the Code. AMENDMENTS 2006—Par. (1). Pub. L. 109–162, § 1111(c)(2)(G)(i), sub- stituted ‘‘section 3755(a)’’ for ‘‘section 3756(a)’’. Par. (2). Pub. L. 109–162, § 1111(c)(2)(G)(ii), substituted ‘‘section 3752’’ for ‘‘section 3753(a)’’ and ‘‘section 3755’’ for ‘‘section 3756’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–162 applicable with re- spect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109–162, set out as a note under section 10151 of this title. SUBCHAPTER XV—CRIMINAL CHILD SUPPORT ENFORCEMENT § 10361. Grant authorization (a) In general The Director of the Bureau of Justice Assist- ance may make grants under this subchapter to States, for the use by States, and local entities in the States to develop, implement, and enforce criminal interstate child support legislation and coordinate criminal interstate child support en- forcement efforts. (b) Uses of funds Funds distributed under this subchapter shall be used to— (1) develop a comprehensive assessment of existing criminal interstate child support en- forcement efforts, including the identification of gaps in, and barriers to, the enforcement of such efforts; (2) plan and implement comprehensive long- range strategies for criminal interstate child support enforcement; (3) reach an agreement within the State re- garding the priorities of such State in the en- forcement of criminal interstate child support legislation; (4) develop a plan to implement such prior- ities; and (5) coordinate criminal interstate child sup- port enforcement efforts. (Pub. L. 90–351, title I, § 1601, as added Pub. L. 102–521, § 4(a)(3), Oct. 25, 1992, 106 Stat. 3404.) Editorial Notes CODIFICATION Section was formerly classified to section 3796cc of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Another section 1601 of Pub. L. 90–351, title XI, June 19, 1968, 82 Stat. 239, is set out as a note under section 10101 of this title. PRIOR PROVISIONS A prior section 1601 of Pub. L. 90–351 was renumbered section 2601 and is classified to section 10541 of this title. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bu- reau of Justice Assistance, other than those enumer- ated in section 10142(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Pro- grams, see section 1000(a)(1) [title I, § 108(b)] of Pub. L. 106–113, set out as a note under section 10141 of this title. § 10362. State applications (a) In general (1) To request a grant under this subchapter, the chief executive of a State shall submit an application to the Director in such form and containing such information as the Director may reasonably require. (2) An application under paragraph (1) shall in- clude assurances that Federal funds received under this subchapter shall be used to supple- ment, not supplant, non-Federal funds that would otherwise be available for activities fund- ed under this subchapter. (b) State office The office responsible for the trust fund re- quired by section 10158 of this title— (1) shall prepare the application required under this section; and (2) shall administer grant funds received under this subchapter, including, review of spending, processing, progress, financial re- porting, technical assistance, grant adjust- ments, accounting, auditing, and fund dis- bursement. (Pub. L. 90–351, title I, § 1602, as added Pub. L. 102–521, § 4(a)(3), Oct. 25, 1992, 106 Stat. 3404; Page 108 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10363 amended Pub. L. 109–162, title XI, § 1111(c)(2)(H), Jan. 5, 2006, 119 Stat. 3102.) Editorial Notes CODIFICATION Section was formerly classified to section 3796cc–1 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—Subsec. (b). Pub. L. 109–162 substituted ‘‘The of- fice responsible for the trust fund required by section 3757 of this title’’ for ‘‘The office designated under sec- tion 3757 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–162 applicable with re- spect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109–162, set out as a note under section 10151 of this title. TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bu- reau of Justice Assistance, other than those enumer- ated in section 10142(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Pro- grams, see section 1000(a)(1) [title I, § 108(b)] of Pub. L. 106–113, set out as a note under section 10141 of this title. § 10363. Review of State applications (a) In general The Bureau shall make a grant under section 10361(a) of this title to carry out the projects de- scribed in the application submitted by an appli- cant under section 10362 of this title upon deter- mining that— (1) the application is consistent with the re- quirements of this subchapter; and (2) before the approval of the application, the Bureau has made an affirmative finding in writing that the proposed project has been re- viewed in accordance with this subchapter. (b) Approval Each application submitted under section 10362 of this title shall be considered approved, in whole or in part, by the Bureau not later than 45 days after first received unless the Bureau in- forms the applicant of specific reasons for dis- approval. (c) Disapproval notice and reconsideration The Bureau shall not disapprove any applica- tion without first affording the applicant rea- sonable notice and an opportunity for reconsid- eration. (Pub. L. 90–351, title I, § 1603, as added Pub. L. 102–521, § 4(a)(3), Oct. 25, 1992, 106 Stat. 3405.) Editorial Notes CODIFICATION Section was formerly classified to section 3796cc–2 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10364. Local applications (a) In general (1) To request funds under this subchapter from a State, the chief executive of a local enti- ty shall submit an application to the office des- ignated under section 10362(b) of this title. (2) An application under paragraph (1) shall be considered approved, in whole or in part, by the State not later than 45 days after such applica- tion is first received unless the State informs the applicant in writing of specific reasons for disapproval. (3) The State shall not disapprove any applica- tion submitted to the State without first afford- ing the applicant reasonable notice and an op- portunity for reconsideration. (4) If an application under paragraph (1) is ap- proved, the local entity is eligible to receive funds under this subchapter. (b) Distribution to local entities A State that receives funds under section 10361 of this title in a fiscal year shall make such funds available to a local entity with an ap- proved application within 45 days after the Bu- reau has approved the application submitted by the State and has made funds available to the State. The Director may waive the 45-day re- quirement in this section upon a finding that the State is unable to satisfy the requirement of the preceding sentence under State statutes. (Pub. L. 90–351, title I, § 1604, as added Pub. L. 102–521, § 4(a)(3), Oct. 25, 1992, 106 Stat. 3405.) Editorial Notes CODIFICATION Section was formerly classified to section 3796cc–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10365. Distribution of funds The Federal share of a grant made under this subchapter may not exceed 75 percent of the total costs of the project described in the appli- cation submitted under section 10362(a) of this title for the fiscal year for which the project re- ceives assistance under this subchapter. (Pub. L. 90–351, title I, § 1605, as added Pub. L. 102–521, § 4(a)(3), Oct. 25, 1992, 106 Stat. 3405.) Editorial Notes CODIFICATION Section was formerly classified to section 3796cc–4 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10366. Evaluation (a) In general (1) Each State and local entity that receives a grant under this subchapter shall submit to the Director an evaluation not later than March 1 of each year in accordance with guidelines issued by the Director and in consultation with the Di- rector of the National Institute of Justice. (2) The Director may waive the requirement specified in subsection (a) if the Director deter- mines that such evaluation is not warranted in the case of the State or local entity involved.