34 U.S.C. § 10336 — Expenditure of grants; records

Page 105 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10336 4811; amended Pub. L. 103–322, title IV, § 40156(c)(4), Sept. 13, 1994, 108 Stat. 1923.) Editorial Notes CODIFICATION Section was formerly classified to section 3796aa–3 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 1994—Subsec. (a). Pub. L. 103–322, § 40156(c)(4)(A)(i), (vii), substituted ‘‘An applicant is eligible to receive a grant under this subchapter if—’’ for ‘‘The Bureau shall provide financial assistance to each State applicant under section 3796aa–1 of this title to provide equip- ment and personnel training for the closed-circuit tele- vising and video taping of the testimony of children in criminal proceedings for the violation of laws relating to the abuse of children, upon determining that’’ in in- troductory provisions and designated concluding provi- sions as subsec. (b). See below. Subsec. (a)(1). Pub. L. 103–322, § 40156(c)(4)(A)(ii), sub- stituted ‘‘the applicant certifies and the Director deter- mines that there is in effect in the State’’ for ‘‘there is in effect in such State’’. Subsec. (a)(2). Pub. L. 103–322, § 40156(c)(4)(A)(iii), in introductory provisions substituted ‘‘the applicant cer- tifies and the Director determines that State law meets’’ for ‘‘such State law shall meet’’. Subsec. (a)(2)(E). Pub. L. 103–322, § 40156(c)(4)(A)(iv), which directed the insertion of ‘‘and’’ at the end of ‘‘subparagraph (E)’’, without indicating which para- graph of subsec. (a) was to be amended, was executed by making the insertion at end of par. (2)(E) to reflect the probable intent of Congress. Subsec. (a)(3). Pub. L. 103–322, § 40156(c)(4)(A)(v), in- serted ‘‘the Director determines that’’ before ‘‘the ap- plication’’ and substituted a period for ‘‘; and’’ at end. Subsec. (a)(4). Pub. L. 103–322, § 40156(c)(4)(A)(vi), struck out par. (4) which read as follows: ‘‘before the approval of such application and any amendment there- to the Bureau has made an affirmative finding in writ- ing that such equipment and personnel training has been reviewed in accordance with section 3796aa–2 of this title.’’ Subsec. (b). Pub. L. 103–322, § 40156(c)(4)(A)(vii), (viii), designated concluding provisions of subsec. (a) as sub- sec. (b) and substituted ‘‘the Director’’ for ‘‘the Bu- reau’’ wherever appearing. Former subsec. (b) redesig- nated (c). Subsec. (c). Pub. L. 103–322, § 40156(c)(4)(B), redesig- nated subsec. (b), relating to reconsideration of appli- cations, as (c) and substituted ‘‘The Director’’ for ‘‘The Bureau’’. 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. § 10335. Reports (a) Each State or unit of local government that receives a grant under this subchapter shall submit to the Director, for each year in which any part of such grant is expended by a State or unit of local government, a report which con- tains— (1) a summary of the activities carried out with such grant and an assessment of the im- pact of such activities on meeting the needs identified in the application submitted under section 10333 of this title; and (2) such other information as the Director may require by rule. Such report shall be submitted in such form and by such time as the Director may require by rule. (b) Not later than 90 days after the end of each fiscal year for which grants are made under this subchapter, the Director shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report that includes with respect to each State— (1) the aggregate amount of grants made under this chapter to the State and units of local government in the State for such fiscal year; and (2) a summary of the information provided in compliance with subsection (a)(1) of this section. (Pub. L. 90–351, title I, § 1406, as added Pub. L. 101–647, title II, § 241(a)(2), Nov. 29, 1990, 104 Stat. 4812; amended Pub. L. 103–322, title IV, § 40156(c)(6), Sept. 13, 1994, 108 Stat. 1924.) Editorial Notes CODIFICATION Section was formerly classified to section 3796aa–5 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–322, § 40156(c)(6)(A)(i), (ii), substituted ‘‘State or unit of local government that’’ for ‘‘State which’’ and ‘‘subchapter’’ for ‘‘chap- ter’’ in introductory provisions. Subsec. (a)(1). Pub. L. 103–322, § 40156(c)(6)(A)(iii), struck out ‘‘State’’ before ‘‘application submitted’’. Subsec. (b)(1). Pub. L. 103–322, § 40156(c)(6)(B), sub- stituted ‘‘the State and units of local government in the State’’ for ‘‘such State’’. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which item 13 on page 121 identifies a reporting provision which, as subsequently amended, is contained in subsec. (b) of this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. 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. § 10336. Expenditure of grants; records (a) Identified uses A grant made under this subchapter may not be expended for more than 75 percent of the cost of the identified uses, in the aggregate, for Page 106 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10337 1 So in original. which such grant is received to carry out section 10332 of this title, except that in the case of funds distributed to an Indian tribe which per- forms law enforcement functions (as determined by the Secretary of the Interior) for any such program or project, the amount of such grant shall be equal to 100 percent of such cost. The non-Federal portion of the expenditures for such uses shall be paid in cash. (b) Administration Not more than 10 percent of a grant made under this subchapter may be used for costs in- curred to administer such grant. (c) Records (1) Grant recipients (or private organizations with which grant recipients have contracted to provide equipment or training using grant funds) shall keep such records as the Director may require by rule to facilitate such an audit..1 (2) The Director and the Comptroller General of the United States shall have access, for the purpose of audit and examination, to any books, documents, and records of grant recipients (or private organizations with which grant recipi- ents have contracted to provide equipment or training using grant funds) if, in the opinion of the Director or the Comptroller General, such books, documents, and records are related to the receipt or use of any such grant. (d) Utilization of private sector Nothing in this subchapter shall prohibit the utilization of any grant funds to contract with a private organization to provide equipment or training for the televising of testimony as con- templated by the application submitted by an applicant. (Pub. L. 90–351, title I, § 1407, as added Pub. L. 101–647, title II, § 241(a)(2), Nov. 29, 1990, 104 Stat. 4813; amended Pub. L. 103–322, title IV, § 40156(c)(7), Sept. 13, 1994, 108 Stat. 1924.) Editorial Notes CODIFICATION Section was formerly classified to section 3796aa–6 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 1994—Subsec. (c)(1). Pub. L. 103–322, § 40156(c)(7)(A)(i), substituted ‘‘Grant recipients (or private organizations with which grant recipients have contracted to provide equipment or training using grant funds) shall keep such records as the Director may require by rule to fa- cilitate such an audit.’’ for ‘‘Each State which receives a grant under this chapter shall keep, and shall require units of local government which receive any part of such grant to keep, such records as the Director may require by rule to facilitate an effective audit’’. Subsec. (c)(2). Pub. L. 103–322, § 40156(c)(7)(A)(ii), sub- stituted ‘‘grant recipients (or private organizations with which grant recipients have contracted to provide equipment or training using grant funds)’’ for ‘‘States which receive grants, and of units of local government which receive any part of a grant made under this sub- chapter’’. Subsec. (d). Pub. L. 103–322, § 40156(c)(7)(B), added sub- sec. (d). 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. § 10337. Definitions For purposes of this subchapter— (1) the term ‘‘child’’ means an individual under the age of 18 years; and (2) the term ‘‘abuse’’ means physical or men- tal injury, sexual abuse or exploitation, or negligent treatment of a child. (Pub. L. 90–351, title I, § 1409, as added Pub. L. 101–647, title II, § 241(a)(2), Nov. 29, 1990, 104 Stat. 4813.) Editorial Notes CODIFICATION Section was formerly classified to section 3796aa–8 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBCHAPTER XIV—RURAL DRUG ENFORCEMENT § 10351. Rural drug enforcement assistance (a) Of the total amount appropriated for this section in any fiscal year: (1) 50 percent shall be allocated to and shared equally among rural States as de- scribed in subsection (b); and (2) 50 percent shall be allocated to the re- maining States for use in nonmetropolitan areas within those States, as follows: (A) $250,000 to each nonrural State; and (B) of the total funds remaining after the allocation in subparagraph (A), there shall be allocated to each State an amount which bears the same ratio to the amount of re- maining funds described as the population of such State bears to the population of all States. (b) For the purpose of this section, the term ‘‘rural State’’ means a State that has a popu- lation density of fifty-two or fewer persons per square mile or a State in which the largest county has fewer than one hundred and fifty thousand people, based on the decennial census of 1990 through fiscal year 1997. (Pub. L. 90–351, title I, § 1501, as added Pub. L. 101–647, title VIII, § 801(a)(3), Nov. 29, 1990, 104 Stat. 4825; amended Pub. L. 103–322, title XVIII, § 180101(b), (c), Sept. 13, 1994, 108 Stat. 2045.) Editorial Notes CODIFICATION Section was formerly classified to section 3796bb of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 1501 of Pub. L. 90–351 was renumbered section 2601 and is classified to section 10541 of this title.