34 U.S.C. § 10153 — Applications

Page 48 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10153 1 So in original. Probably should be ‘‘(a)’’. Subsec. (h). Pub. L. 117–159, § 12003(b), added subsec. (h). 2016—Subsec. (a)(1)(H). Pub. L. 114–255 added subpar. (H). 2006—Subsec. (b)(3). Pub. L. 109–271 struck out par. (3) which read as follows: ‘‘tribal governments.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect 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 an Effective Date of 2006 Amendment note under sec- tion 10151 of this title. § 10153. Applications (A) 1 In general To request a grant under this part, the chief executive officer of a State or unit of local gov- ernment shall submit an application to the At- torney General within 120 days after the date on which funds to carry out this part are appro- priated for a fiscal year, in such form as the At- torney General may require. Such application shall include the following: (1) A certification that Federal funds made available under this part will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. (2) An assurance that, not fewer than 30 days before the application (or any amendment to the application) was submitted to the Attor- ney General, the application (or amendment) was submitted for review to the governing body of the State or unit of local government (or to an organization designated by that gov- erning body). (3) An assurance that, before the application (or any amendment to the application) was submitted to the Attorney General— (A) the application (or amendment) was made public; and (B) an opportunity to comment on the ap- plication (or amendment) was provided to citizens and to neighborhood or community- based organizations, to the extent applicable law or established procedure makes such an opportunity available. (4) An assurance that, for each fiscal year covered by an application, the applicant shall maintain and report such data, records, and information (programmatic and financial) as the Attorney General may reasonably require. (5) A certification, made in a form accept- able to the Attorney General and executed by the chief executive officer of the applicant (or by another officer of the applicant, if qualified under regulations promulgated by the Attor- ney General), that— (A) the programs to be funded by the grant meet all the requirements of this part; (B) all the information contained in the application is correct; (C) there has been appropriate coordina- tion with affected agencies; and (D) the applicant will comply with all pro- visions of this part and all other applicable Federal laws. (6) A comprehensive Statewide plan detail- ing how grants received under this section will be used to improve the administration of the criminal justice system, which shall— (A) be designed in consultation with local governments, and representatives of all seg- ments of the criminal justice system, includ- ing judges, prosecutors, law enforcement personnel, corrections personnel, and pro- viders of indigent defense services, victim services, juvenile justice delinquency pre- vention programs, community corrections, and reentry services; (B) include a description of how the State will allocate funding within and among each of the uses described in subparagraphs (A) through (G) of section 10152(a)(1) of this title; (C) describe the process used by the State for gathering evidence-based data and devel- oping and using evidence-based and evi- dence-gathering approaches in support of funding decisions; (D) describe the barriers at the State and local level for accessing data and imple- menting evidence-based approaches to pre- venting and reducing crime and recidivism; and (E) be updated every 5 years, with annual progress reports that— (i) address changing circumstances in the State, if any; (ii) describe how the State plans to ad- just funding within and among each of the uses described in subparagraphs (A) through (G) of section 10152(a)(1) of this title; (iii) provide an ongoing assessment of need; (iv) discuss the accomplishment of goals identified in any plan previously prepared under this paragraph; and (v) reflect how the plan influenced fund- ing decisions in the previous year. (b) Technical assistance (1) Strategic planning Not later than 90 days after December 16, 2016, the Attorney General shall begin to pro- vide technical assistance to States and local governments requesting support to develop and implement the strategic plan required under subsection (a)(6). The Attorney General may enter into agreements with 1 or more non-governmental organizations to provide technical assistance and training under this paragraph. (2) Protection of constitutional rights Not later than 90 days after December 16, 2016, the Attorney General shall begin to pro- vide technical assistance to States and local governments, including any agent thereof with responsibility for administration of jus- tice, requesting support to meet the obliga- tions established by the Sixth Amendment to the Constitution of the United States, which shall include— (A) public dissemination of practices, structures, or models for the administration of justice consistent with the requirements of the Sixth Amendment; and Page 49 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10154 (B) assistance with adopting and imple- menting a system for the administration of justice consistent with the requirements of the Sixth Amendment. (3) Authorization of appropriations For each of fiscal years 2017 through 2021, of the amounts appropriated to carry out this subpart, not less than $5,000,000 and not more than $10,000,000 shall be used to carry out this subsection. (Pub. L. 90–351, title I, § 502, as added Pub. L. 109–162, title XI, § 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3096; amended Pub. L. 109–271, § 8(i), Aug. 12, 2006, 120 Stat. 767; Pub. L. 114–324, § 14(b), Dec. 16, 2016, 130 Stat. 1958.) Editorial Notes CODIFICATION Section was formerly classified to section 3752 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 502 of title I of Pub. L. 90–351, as added Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4331, related to eligibility of a State for financial as- sistance, prior to repeal by Pub. L. 109–162, title XI, § 1111(a)(1), (d), Jan. 5, 2006, 119 Stat. 3094, 3102, applica- ble with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter. Another prior section 502 of title I of Pub. L. 90–351, formerly § 602, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1195; renumbered § 502 and amended Pub. L. 98–473, title II, § 608(a), Oct. 12, 1984, 98 Stat. 2086, re- lated to percentage of appropriation for discretionary grant program, prior to repeal by Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4328. Another prior section 502 of title I of Pub. L. 90–351, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1192, prescribed percentage of appropriation for national pri- ority grant program, prior to repeal by Pub. L. 98–473, title II, § 607, Oct. 12, 1984, 98 Stat. 2086. Another prior section 502 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 205; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 211, made provision for delegation of functions of Law Enforcement Assistance Administration to other officers of Department of Justice, prior to the general amendment of title I of Pub. L. 90–351 by Pub. L. 96–157. AMENDMENTS 2016—Pub. L. 114–324 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Subsec. (a)(6). Pub. L. 114–324, § 14(b)(2), added par. (6). 2006—Pub. L. 109–271 substituted ‘‘120 days’’ for ‘‘90 days’’ in introductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect 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 an Effective Date of 2006 Amendment note under sec- tion 10151 of this title. APPLICABILITY OF 2016 AMENDMENT Pub. L. 114–324, § 14(c), Dec. 16, 2016, 130 Stat. 1959, pro- vided that: ‘‘The requirement to submit a strategic plan under section 501(a)(6) [probably should be ‘‘502(a)(6)’’] of title I of the Omnibus Crime Control and Safe Streets Act of 1968 [34 U.S.C. 10153(a)(6)], as added by subsection (b), shall apply to any application sub- mitted under such section 501 [502] for a grant for any fiscal year beginning after the date that is 1 year after the date of enactment of this Act [Dec. 16, 2016].’’ ACTIVE-SHOOTER TRAINING FOR LAW ENFORCEMENT Pub. L. 114–255, div. B, title XIV, § 14011, Dec. 13, 2016, 130 Stat. 1297, provided that: ‘‘The Attorney General, as part of the Preventing Violence Against Law Enforce- ment and Ensuring Officer Resilience and Survivability Initiative (VALOR) of the Department of Justice, may provide safety training and technical assistance to local law enforcement agencies, including active-shoot- er response training.’’ § 10154. Review of applications The Attorney General shall not finally dis- approve any application (or any amendment to that application) submitted under this part without first affording the applicant reasonable notice of any deficiencies in the application and opportunity for correction and reconsideration. (Pub. L. 90–351, title I, § 503, as added Pub. L. 109–162, title XI, § 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3097.) Editorial Notes CODIFICATION Section was formerly classified to section 3753 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 503 of title I of Pub. L. 90–351, as added Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4331; amended Pub. L. 101–649, title V, § 507(a), Nov. 29, 1990, 104 Stat. 5050; Pub. L. 102–232, title III, § 306(a)(6), Dec. 12, 1991, 105 Stat. 1751; Pub. L. 103–322, title XXI, § 210302(b), Sept. 13, 1994, 108 Stat. 2065; Pub. L. 106–546, § 8(a), Dec. 19, 2000, 114 Stat. 2734; Pub. L. 106–561, § 2(b), Dec. 21, 2000, 114 Stat. 2787; Pub. L. 107–273, div. B, title V, § 5001(a), Nov. 2, 2002, 116 Stat. 1813, related to State applications, prior to repeal by Pub. L. 109–162, title XI, § 1111(a)(1), (d), Jan. 5, 2006, 119 Stat. 3094, 3102, applica- ble with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter. See section 10153 of this title. Another prior section 503 of title I of Pub. L. 90–351, formerly § 603, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1196; renumbered § 503 and amended Pub. L. 98–473, title II, § 608(a), Oct. 12, 1984, 98 Stat. 2086, re- lated to procedure for establishing discretionary pro- grams, prior to repeal by Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4328. Another prior section 503 of title I of Pub. L. 90–351, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1192, prescribed procedure for designating national priority programs, including periodic and joint designations by Director of Office of Justice Assistance, Research, and Statistics and Administrator of Law Enforcement As- sistance Administration and requests to outside agen- cies for suggestions, prior to repeal by Pub. L. 98–473, title II, § 607, Oct. 12, 1984, 98 Stat. 2086. Another prior section 503 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 205; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 211, required specific Congressional authoriza- tion to transfer functions, powers, and duties of Law Enforcement Assistance Administration within the De- partment of Justice, prior to the general amendment of title I of Pub. L. 90–351 by Pub. L. 96–157. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect 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