34 U.S.C. § 10406 — Payment requirements

Page 122 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10405 1 So in original. Probably should be ‘‘specially’’. 1 So in original. Probably should be ‘‘specially’’. the application deadline established by the At- torney General, the Attorney General shall re- serve not more than 75 percent of the alloca- tion that the State would have received under subsection (a) for such fiscal year to provide grants to specially qualified units which meet the requirements for funding under section 10403 of this title. (2) Award basis In addition to the qualification require- ments for direct grants for specially qualified units the Attorney General may use the aver- age amount allocated by the States to units of local government as a basis for awarding grants under this section. (Pub. L. 90–351, title I, § 1803, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1863.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ee–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 1803 of title I of Pub. L. 90–351, as added Pub. L. 103–322, title II, § 20201(a)(3), Sept. 13, 1994, 108 Stat. 1820, and classified to former section 3796ee–2 of Title 42, The Public Health and Welfare, related to review of State applications, prior to the general amendment of part R of title I of Pub. L. 90–351 by Pub. L. 107–273. § 10405. Guidelines (a) In general The Attorney General shall issue guidelines establishing procedures under which a State or specifically 1 qualified unit of local government that receives funds under section 10404 of this title is required to provide notice to the Attor- ney General regarding the proposed use of funds made available under this subchapter. (b) Advisory board (1) In general The guidelines referred to in subsection (a) shall include a requirement that such eligible State or unit of local government establish and convene an advisory board to recommend a coordinated enforcement plan for the use of such funds. (2) Membership The board shall include representation from, if appropriate— (A) the State or local police department; (B) the local sheriff’s department; (C) the State or local prosecutor’s office; (D) the State or local juvenile court; (E) the State or local probation office; (F) the State or local educational agency; (G) a State or local social service agency; (H) a nonprofit, nongovernmental victim advocacy organization; and (I) a nonprofit, religious, or community group. (Pub. L. 90–351, title I, § 1804, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1865.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ee–4 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 1804 of title I of Pub. L. 90–351, as added Pub. L. 103–322, title II, § 20201(a)(3), Sept. 13, 1994, 108 Stat. 1820, and classified to former section 3796ee–3 of Title 42, The Public Health and Welfare, related to applications by local governments, prior to the general amendment of part R of title I of Pub. L. 90–351 by Pub. L. 107–273. § 10406. Payment requirements (a) Timing of payments The Attorney General shall pay to each State or specifically 1 qualified unit of local govern- ment that receives funds under section 10404 of this title that has submitted an application under this subchapter the amount awarded to such State or unit of local government not later than the later of— (1) the date that is 180 days after the date that the amount is available; or (2) the first day of the payment period if the State has provided the Attorney General with the assurances required by subsection (c). (b) Repayment of unexpended amounts (1) Repayment required From amounts awarded under this sub- chapter, a State or specially qualified unit shall repay to the Attorney General, before the expiration of the 36-month period begin- ning on the date of the award, any amount that is not expended by such State or unit. (2) Extension The Attorney General may adopt policies and procedures providing for a one-time exten- sion, by not more than 12 months, of the pe- riod referred to in paragraph (1). (3) Penalty for failure to repay If the amount required to be repaid is not re- paid, the Attorney General shall reduce pay- ment in future payment periods accordingly. (4) Deposit of amounts repaid Amounts received by the Attorney General as repayments under this subsection shall be deposited in a designated fund for future pay- ments to States and specially qualified units. (c) Administrative costs A State or unit of local government that re- ceives funds under this subchapter may use not more than 5 percent of such funds to pay for ad- ministrative costs. (d) Nonsupplanting requirement Funds made available under this subchapter to States and units of local government shall not be used to supplant State or local funds as the case may be, but shall be used to increase the amount of funds that would, in the absence of funds made available under this subchapter, be made available from State or local sources, as the case may be. Page 123 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10409 (e) Matching funds (1) In general The Federal share of a grant received under this subchapter may not exceed 90 percent of the total program costs. (2) Construction of facilities Notwithstanding paragraph (1), with respect to the cost of constructing juvenile detention or correctional facilities, the Federal share of a grant received under this subchapter may not exceed 50 percent of approved cost. (Pub. L. 90–351, title I, § 1805, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1865.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ee–5 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 1805 of title I of Pub. L. 90–351, as added Pub. L. 103–322, title II, § 20201(a)(3), Sept. 13, 1994, 108 Stat. 1821, and classified to former section 3796ee–4 of Title 42, The Public Health and Welfare, related to allocation and distribution of funds, prior to the gen- eral amendment of part R of title I of Pub. L. 90–351 by Pub. L. 107–273. § 10407. Utilization of private sector Funds or a portion of funds allocated under this subchapter may be used by a State or unit of local government that receives a grant under this subchapter to contract with private, non- profit entities, or community-based organiza- tions to carry out the purposes specified under section 10401(b) of this title. (Pub. L. 90–351, title I, § 1806, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1866.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ee–6 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 1806 of title I of Pub. L. 90–351, as added Pub. L. 103–322, title II, § 20201(a)(3), Sept. 13, 1994, 108 Stat. 1822, and classified to former section 3796ee–5 of Title 42, The Public Health and Welfare, required each State and unit of local government to submit an annual evaluation of programs, prior to the general amendment of part R of title I of Pub. L. 90–351 by Pub. L. 107–273. § 10408. Administrative provisions (a) In general A State or specially qualified unit that re- ceives funds under this subchapter shall— (1) establish a trust fund in which the gov- ernment will deposit all payments received under this subchapter; (2) use amounts in the trust fund (including interest) during the period specified in section 10406(b)(1) of this title and any extension of that period under section 10406(b)(2) of this title; (3) designate an official of the State or spe- cially qualified unit to submit reports as the Attorney General reasonably requires, in addi- tion to the annual reports required under this subchapter; and (4) spend the funds only for the purpose of strengthening the juvenile justice system. (b) Chapter provisions Except as otherwise provided, the administra- tive provisions of subchapter VII shall apply to this subchapter and for purposes of this section any reference in such provisions to this chapter shall be deemed to include a reference to this subchapter. (Pub. L. 90–351, title I, § 1807, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1866.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ee–7 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10409. Assessment reports (a) Reports to Attorney General (1) In general Except as provided in paragraph (4), for each fiscal year for which a grant or subgrant is awarded under this subchapter, each State or specially qualified unit of local government that receives such a grant shall submit to the Attorney General a grant report, and each unit of local government that receives such a subgrant shall submit to the State a subgrant report, at such time and in such manner as the Attorney General may reasonably require. (2) Grant report Each grant report required by paragraph (1) shall include— (A) a summary of the activities carried out with such grant; (B) if such activities included any subgrant, a summary of the activities car- ried out with each such subgrant; and (C) an assessment of the effectiveness of such activities on achieving the purposes of this subchapter. (3) Subgrant report Each subgrant report required by paragraph (1) shall include— (A) a summary of the activities carried out with such subgrant; and (B) an assessment of the effectiveness of such activities on achieving the purposes of this subchapter. (4) Waivers The Attorney General may waive the re- quirement of an assessment in paragraph (2)(C) for a State or specially qualified unit of local government, or in paragraph (3)(B) for a unit of local government, if the Attorney Gen- eral determines that— (A) the nature of the activities are such that assessing their effectiveness would not be practical or insightful;