34 U.S.C. § 10552 — Applications

Page 173 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10552 AMENDMENTS 2018—Subsec. (a). Pub. L. 115–141, § 502(1)(A), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: ‘‘The Director of the Office of Community Oriented Policing Services (in this section referred to as the ‘Director’) is authorized to make grants to States, units of local government, and Indian tribes to provide improved security, includ- ing the placement and use of metal detectors and other deterrent measures, at schools and on school grounds.’’ Subsec. (b). Pub. L. 115–141, § 502(1)(B), inserted ‘‘evi- dence-based school safety programs that may include’’ after ‘‘through’’ in introductory provisions, added pars. (1) to (9), and struck out former pars. (1) to (6) which read as follows: ‘‘(1) Placement and use of metal detectors, locks, lighting, and other deterrent measures. ‘‘(2) Security assessments. ‘‘(3) Security training of personnel and students. ‘‘(4) The development and operation of crisis inter- vention teams that may include coordination with law enforcement agencies and specialized training for school officials in responding to mental health crises. ‘‘(5) Coordination with local law enforcement. ‘‘(6) Any other measure that, in the determination of the Director, may provide a significant improvement in security.’’ Subsecs. (c), (d). Pub. L. 115–141, § 502(1)(D), added sub- secs. (c) and (d). Former subsecs. (c) and (d) redesig- nated (e) and (f), respectively. Subsec. (e). Pub. L. 115–141, § 502(1)(C), (E), redesig- nated subsec. (c) as (e), substituted ‘‘COPS Director and the BJA Director’’ for ‘‘Director’’ and ‘‘has evidenced’’ for ‘‘and has evidenced’’, and inserted before period at end ‘‘, and will use evidence-based strategies and pro- grams, such as those identified by the Comprehensive School Safety Initiative of the Department of Justice’’. Former subsec. (e) redesignated (g). Subsec. (f). Pub. L. 115–141, § 502(1)(C), redesignated subsec. (d) as (f). Former subsec. (f) redesignated (h). Subsec. (f)(1). Pub. L. 115–141, § 502(1)(F)(i), sub- stituted ‘‘75 percent’’ for ‘‘50 percent’’. Subsec. (f)(3). Pub. L. 115–141, § 502(1)(F)(ii), sub- stituted ‘‘COPS Director and the BJA Director may each’’ for ‘‘Director may’’. Subsec. (g). Pub. L. 115–141, § 502(1)(C), (G), redesig- nated subsec. (e) as (g) and substituted ‘‘COPS Director and the BJA shall each’’ for ‘‘Director shall’’. Subsec. (h). Pub. L. 115–141, § 502(1)(C), (H), redesig- nated subsec. (f) as (h) and substituted ‘‘COPS Director and the BJA Director may each’’ for ‘‘Director may’’. 2016—Subsec. (b)(4) to (6). Pub. L. 114–255 added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively. 2006—Subsec. (a). Pub. L. 109–271, § 8(j)(1), substituted ‘‘The Director of the Office of Community Oriented Po- licing Services (in this section referred to as the ‘Direc- tor’)’’ for ‘‘The Attorney General, acting through the Office of Community Oriented Policing Services,’’. Pub. L. 109–162 inserted ‘‘, acting through the Office of Community Oriented Policing Services,’’ after ‘‘The Attorney General’’. Subsecs. (b) to (f). Pub. L. 109–271, § 8(j)(2), substituted ‘‘Director’’ for ‘‘Attorney General’’ wherever appear- ing. § 10552. Applications (a) In general To request a grant under this subchapter, the chief executive of a State, unit of local govern- ment, or Indian tribe shall submit an applica- tion to the COPS Director or the BJA Director, as the case may be, at such time, in such man- ner, and accompanied by such information as the COPS Director or the BJA Director may re- quire. Each application shall— (1) include a detailed explanation of— (A) the intended uses of funds provided under the grant; and (B) how the activities funded under the grant will meet the purpose of this sub- chapter; (2) be accompanied by an assurance that the application was prepared after consultation with individuals not limited to law enforce- ment officers (such as school violence re- searchers, licensed mental health profes- sionals, social workers, teachers, principals, and other school personnel) to ensure that the improvements to be funded under the grant are— (A) consistent with a comprehensive ap- proach to preventing school violence; and (B) individualized to the needs of each school at which those improvements are to be made; (3) include an assurance that the applicant shall maintain and report such data, records, and information (programmatic and financial) as the COPS Director or the BJA Director may reasonably require; (4) include a certification, made in a form acceptable to the COPS Director or the BJA Director, as the case may be, that— (A) the programs to be funded by the grant meet all the requirements of this sub- chapter; (B) all the information contained in the application is correct; and (C) the applicant will comply with all pro- visions of this subchapter and all other ap- plicable Federal laws. (b) Guidelines Not later than 90 days after March 23, 2018, the COPS Director and the BJA Director shall each promulgate guidelines to implement this section (including the information that must be in- cluded and the requirements that the States, units of local government, and Indian tribes must meet) in submitting the applications re- quired under this section. (Pub. L. 90–351, title I, § 2702, as added Pub. L. 106–386, div. B, title I, § 1108(b), Oct. 28, 2000, 114 Stat. 1502; amended Pub. L. 109–271, § 8(j)(2), Aug. 12, 2006, 120 Stat. 767; Pub. L. 115–141, div. S, title V, § 502(2), Mar. 23, 2018, 132 Stat. 1130.) Editorial Notes CODIFICATION Section was formerly classified to section 3797b of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–141, § 502(2)(A)(i), in in- troductory provisions, substituted ‘‘the COPS Director or the BJA Director, as the case may be,’’ for ‘‘the Di- rector’’ after ‘‘application to’’ and ‘‘the COPS Director or the BJA Director may’’ for ‘‘the Director may’’. Subsec. (a)(2). Pub. L. 115–141, § 502(2)(A)(iii)(I), sub- stituted ‘‘licensed mental health professionals’’ for ‘‘child psychologists’’ in introductory provisions. Subsec. (a)(3), (4). Pub. L. 115–141, § 502(2)(A)(ii), (iii)(II), (iv), added pars. (3) and (4). Subsec. (b). Pub. L. 115–141, § 502(2)(B), substituted ‘‘March 23, 2018’’ for ‘‘October 28, 2000’’ and ‘‘COPS Di- rector and the BJA Director shall each’’ for ‘‘Director shall’’. Page 174 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10553 2006—Pub. L. 109–271 substituted ‘‘Director’’ for ‘‘At- torney General’’ wherever appearing. § 10553. Annual report to Congress; grant ac- countability (a) Annual report Not later than November 30th of each year, the COPS Director and the BJA Director shall each submit a report to the Congress regarding the activities carried out under this subchapter. Each such report shall include, for the preceding fiscal year, the number of grants funded under this subchapter, the amount of funds provided under those grants, and the activities for which those funds were used. (b) Grant accountability Section 10706 of this title (relating to grant ac- countability) shall apply to grants awarded by the COPS Director and the BJA Director under this subchapter. For purposes of the preceding sentence, any references in section 10706 of this title to the Attorney General shall be considered references to the COPS Director or the BJA Di- rector, as appropriate, and any references in that section to subchapter XXXVIII shall be considered references to this subchapter. (Pub. L. 90–351, title I, § 2703, as added Pub. L. 106–386, div. B, title I, § 1108(b), Oct. 28, 2000, 114 Stat. 1502; amended Pub. L. 109–271, § 8(j)(2), Aug. 12, 2006, 120 Stat. 767; Pub. L. 115–141, div. S, title V, § 502(3), Mar. 23, 2018, 132 Stat. 1130.) Editorial Notes CODIFICATION Section was formerly classified to section 3797c of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2018—Pub. L. 115–141, § 502(3)(A), inserted ‘‘; grant ac- countability’’ after ‘‘Congress’’ in section catchline. Pub. L. 115–141, § 502(3)(B)–(D), designated existing provisions as subsec. (a), inserted heading, substituted ‘‘COPS Director and the BJA Director shall each’’ for ‘‘Director shall’’, and added subsec. (b). 2006—Pub. L. 109–271 substituted ‘‘Director’’ for ‘‘At- torney General’’. § 10554. Definitions For purposes of this subchapter— (1) the term ‘‘school’’ means an elementary or secondary school, including a Bureau-fund- ed school (as defined in section 2021 of title 25); (2) the term ‘‘unit of local government’’ means a county, municipality, town, town- ship, village, parish, borough, or other unit of general government below the State level; (3) the term ‘‘Indian tribe’’ has the same meaning as in section 5304(e) of title 25; (4) the term ‘‘evidence-based’’ means a pro- gram, practice, technology, or equipment that— (A) demonstrates a statistically signifi- cant effect on relevant outcomes based on— (i) strong evidence from not less than 1 well-designed and well-implemented exper- imental study; (ii) moderate evidence from not less than 1 well-designed and well-implemented quasi-experimental study; or (iii) promising evidence from not less than 1 well-designed and well-implemented correlational study with statistical con- trols for selection bias; (B) demonstrates a rationale based on high-quality research findings or positive evaluation that such program, practice, technology, or equipment is likely to im- prove relevant outcomes, and includes ongo- ing efforts to examine the effects of the pro- gram, practice, technology, or equipment; or (C) in the case of technology or equipment, demonstrates that use of the technology or equipment is— (i) consistent with best practices for school security, including— (I) applicable standards for school se- curity established by a Federal or State government agency; and (II) findings and recommendations of public commissions and task forces es- tablished to make recommendations or set standards for school security; and (ii) compliant with all applicable codes, including building and life safety codes; and (5) the term ‘‘tribal organization’’ has the same meaning given the term in section 5304(l) of title 25. (Pub. L. 90–351, title I, § 2704, as added Pub. L. 106–386, div. B, title I, § 1108(b), Oct. 28, 2000, 114 Stat. 1502; amended Pub. L. 115–141, div. S, title V, § 502(4), Mar. 23, 2018, 132 Stat. 1131.) Editorial Notes CODIFICATION Section was formerly classified to section 3797d of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2018—Par. (1). Pub. L. 115–141, § 502(4)(A), substituted ‘‘an’’ for ‘‘a public’’ and inserted ‘‘, including a Bureau- funded school (as defined in section 2021 of title 25)’’ after ‘‘secondary school’’. Pars. (4), (5). Pub. L. 115–141, § 502(4)(B)–(D), added pars. (4) and (5). § 10555. Authorization of appropriations (a) In general There are authorized to be appropriated— (1) $75,000,000 for fiscal year 2018, of which— (A) $50,000,000 shall be made available to the BJA Director to carry out this sub- chapter; and (B) $25,000,000 shall be made available to the COPS Director to carry out this sub- chapter; and (2) $100,000,000 for each of fiscal years 2019 through 2028, of which, for each fiscal year— (A) $67,000,000 shall be made available to the BJA Director to carry out this sub- chapter; and (B) $33,000,000 shall be made available to the COPS Director to carry out this sub- chapter. (b) Offset Any funds appropriated for the Comprehensive School Safety Initiative of the National Insti-