34 U.S.C. § 10221 — Rules, regulations, and procedures; con-

Page 63 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10221 Subsecs. (d), (e). Pub. L. 106–110, § 1(b), (c), added sub- secs. (d) and (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as a note under section 10101 of this title. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the Federal Law Enforcement Training Cen- ter of the Department of the Treasury to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 203(4), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. EMPLOYMENT OF ANNUITANTS BY FEDERAL LAW ENFORCEMENT TRAINING CENTER Pub. L. 107–206, title I, § 1202, Aug. 2, 2002, 116 Stat. 887, as amended by Pub. L. 109–295, title IV, Oct. 4, 2006, 120 Stat. 1374; Pub. L. 110–161, div. E, title IV, Dec. 26, 2007, 121 Stat. 2068; Pub. L. 110–329, div. D, title IV, Sept. 30, 2008, 122 Stat. 3677; Pub. L. 111–83, title IV, Oct. 28, 2009, 123 Stat. 2166; Pub. L. 112–74, div. D, title IV, Dec. 23, 2011, 125 Stat. 966; Pub. L. 113–6, div. D, title IV, Mar. 26, 2013, 127 Stat. 364; Pub. L. 113–76, div. F, title IV, Jan. 17, 2014, 128 Stat. 266; Pub. L. 114–4, title IV, Mar. 4, 2015, 129 Stat. 59; Pub. L. 114–113, div. F, title IV, Dec. 18, 2015, 129 Stat. 2509, provided that: ‘‘(a) The Federal Law Enforcement Training Center may, for a period ending not later than December 31, 2018, appoint and maintain a cadre of up to 350 Federal annuitants: (1) without regard to any provision of title 5, United States Code, which might otherwise require the application of competitive hiring procedures; and (2) who shall not be subject to any reduction in pay (for annuity allocable to the period of actual employment) under the provisions of section 8344 or 8468 of such title 5 or similar provision of any other retirement system for employees. A reemployed Federal annuitant as to whom a waiver of reduction under paragraph (2) applies shall not, for any period during which such waiver is in effect, be considered an employee for purposes of sub- chapter III of chapter 83 or chapter 84 of title 5, United States Code, or such other retirement system (referred to in paragraph (2)) as may apply. ‘‘(b) No appointment under this section may be made which would result in the displacement of any em- ployee. ‘‘(c) For purposes of this section— ‘‘(1) the term ‘Federal annuitant’ means an em- ployee who has retired under the Civil Service Retire- ment System, the Federal Employees’ Retirement System, or any other retirement system for employ- ees; ‘‘(2) the term ‘employee’ has the meaning given such term by section 2105 of such title 5; and ‘‘(3) the counting of Federal annuitants shall be done on a full time equivalent basis.’’ ANNUAL OUTSTANDING STUDENT AWARD Pub. L. 107–67, title I, Nov. 12, 2001, 115 Stat. 516, and similar provisions authorizing the Federal Law En- forcement Training Center to use gifts of property for authorized purposes, including funding of an annual gift to the outstanding student who graduated from a basic training program at the Center during the pre- vious fiscal year, were transferred to a note set out under section 464 of Title 6, Domestic Security. TRAVEL AND SUBSISTENCE EXPENSES OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS ATTENDING MEETINGS, COURSES, ETC., AT FBI NATIONAL ACAD- EMY Pub. L. 99–500, § 101(b) [title II], Oct. 18, 1986, 100 Stat. 1783–39, 1783–48, and Pub. L. 99–591, § 101(b) [title II], Oct. 30, 1986, 100 Stat. 3341–39, 3341–48, provided that: ‘‘Not- withstanding section 1345 of title 31, United States Code, funds made available to the Drug Enforcement Administration in any fiscal year may be used for trav- el, transportation, and subsistence expenses of State, county, and local law enforcement officers attending conferences, meetings, and training courses at the FBI Academy, Quantico, Virginia.’’ FEES TO PROVIDE TRAINING FOR STATE AND LOCAL LAW ENFORCEMENT OFFICERS AT FBI NATIONAL ACADEMY; PROHIBITION; REIMBURSEMENT Pub. L. 99–500, § 101(b) [title II, § 210], Oct. 18, 1986, 100 Stat. 1783–39, 1783–56, and Pub. L. 99–591, § 101(b) [title II, § 210], Oct. 30, 1986, 100 Stat. 3341–39, 3341–56, provided that: ‘‘The Director of the Federal Bureau of Investiga- tion and the Administrator of the Drug Enforcement Administration shall not establish and collect fees to provide training to State and local law enforcement of- ficers at the FBI National Academy. Any fees collected for training of State and local law enforcement offi- cers, which occurred at the National Academy on or after October 1, 1986, shall be reimbursed to the appro- priate official or agency. In addition, the Director of the National Institute of Corrections shall not estab- lish and collect fees to provide training to State and local officers which was not provided on a reimbursable basis prior to October 1, 1986.’’ SUBCHAPTER VII—ADMINISTRATIVE PROVISIONS § 10221. Rules, regulations, and procedures; con- sultations and establishment (a) General authorization of certain Federal agencies The Office of Justice Programs, the Bureau of Justice Assistance, the Office of Juvenile Jus- tice and Delinquency Prevention, the Bureau of Justice Statistics, and the National Institute of Justice are authorized, after appropriate con- sultation with representatives of States and units of local government, to establish such rules, regulations, and procedures as are nec- essary to the exercise of their functions, and as are consistent with the stated purposes of this chapter. (b) Continuing evaluation of selected programs or projects; cost, effectiveness, impact value, and comparative considerations; annual per- formance report; assessment of activity effec- tiveness; suspension of funds for nonsubmis- sion of report The Bureau of Justice Assistance shall, after consultation with the National Institute of Jus- tice, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, State and local governments, and the appro- priate public and private agencies, establish such rules and regulations as are necessary to assure the continuing evaluation of selected pro- grams or projects conducted pursuant to sub- chapters V, XII, XIII, XIV, and XX, in order to determine— (1) whether such programs or projects have achieved the performance goals stated in the original application, are of proven effective- ness, have a record of proven success, or offer a high probability of improving the criminal justice system; (2) whether such programs or projects have contributed or are likely to contribute to the improvement of the criminal justice system and the reduction and prevention of crime; Page 64 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10222 (3) their cost in relation to their effective- ness in achieving stated goals; (4) their impact on communities and partici- pants; and (5) their implication for related programs. In conducting evaluations described in this sub- section, the Bureau of Justice Assistance shall, when practical, compare the effectiveness of programs conducted by similar applicants and different applicants. The Bureau of Justice As- sistance shall also require applicants under part A of subchapter V to submit an annual perform- ance report concerning activities carried out pursuant to part A of subchapter V together with an assessment by the applicant of the effec- tiveness of those activities in achieving the pur- poses of such part A and the relationships of those activities to the needs and objectives spec- ified by the applicant in the application sub- mitted pursuant to section 10153 of this title. Such report shall include details identifying each applicant that used any funds to purchase any cruiser, boat, or helicopter and, with respect to such applicant, specifying both the amount of funds used by such applicant for each purchase of any cruiser, boat, or helicopter and a jus- tification of each such purchase (and the Bureau of Justice Assistance shall submit to the Com- mittee of the Judiciary of the House of Rep- resentatives and the Committee of the Judiciary of the Senate, promptly after preparation of such report a written copy of the portion of such report containing the information required by this sentence). The Bureau shall suspend fund- ing for an approved application under part A of subchapter V if an applicant fails to submit such an annual performance report. (c) Procedures for paperwork minimization and prevention of duplication and delays in award and expenditure of funds The procedures established to implement the provisions of this chapter shall minimize paper- work and prevent needless duplication and un- necessary delays in award and expenditure of funds at all levels of government. (Pub. L. 90–351, title I, § 801, formerly § 802, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1201; renumbered § 801 and amended Pub. L. 98–473, title II, § 609B(b), Oct. 12, 1984, 98 Stat. 2091; Pub. L. 99–570, title I, § 1552(b)(2), Oct. 27, 1986, 100 Stat. 3207–46; Pub. L. 101–647, title II, § 241(b)(2), title VIII, § 801(c)(1), Nov. 29, 1990, 104 Stat. 4813, 4826; Pub. L. 103–322, title IV, § 40231(d)(1), title XXXIII, § 330001(h)(7), Sept. 13, 1994, 108 Stat. 1934, 2139; Pub. L. 109–162, title XI, § 1111(c)(2)(D), Jan. 5, 2006, 119 Stat. 3102.) Editorial Notes CODIFICATION Section was formerly classified to section 3782 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 801 of Pub. L. 90–351, title III, June 19, 1968, 82 Stat. 211, is set out as a note under section 2510 of Title 18, Crimes and Criminal Procedure. PRIOR PROVISIONS A prior section 801 of Pub. L. 90–351 was classified to section 3781 of Title 42, The Public Health and Welfare, prior to repeal by section 609B(a) of Pub. L. 98–473. AMENDMENTS 2006—Subsec. (b). Pub. L. 109–162 substituted ‘‘the purposes of such part A’’ for ‘‘the purposes of section 3751 of this title’’ and ‘‘the application submitted pur- suant to section 3752 of this title. Such report shall in- clude details identifying each applicant that used any funds to purchase any cruiser, boat, or helicopter and, with respect to such applicant, specifying both the amount of funds used by such applicant for each pur- chase of any cruiser, boat, or helicopter and a justifica- tion of each such purchase (and the Bureau of Justice Assistance shall submit to the Committee of the Judi- ciary of the House of Representatives and the Com- mittee of the Judiciary of the Senate, promptly after preparation of such report a written copy of the portion of such report containing the information required by this sentence)’’ for ‘‘the application submitted pursu- ant to section 3753 of this title’’ in concluding provi- sions. 1994—Subsec. (b). Pub. L. 103–322, in introductory pro- visions substituted ‘‘subchapters’’ for ‘‘subchapters IV,’’ and ‘‘XII–C, and XII–I’’ for ‘‘and XII–C’’, and in concluding provisions substituted ‘‘part A of sub- chapter V’’ for ‘‘subchapter IV’’ wherever appearing, ‘‘3751’’ for ‘‘3743(a)’’, and ‘‘3753’’ for ‘‘3743’’. 1990—Subsec. (b). Pub. L. 101–647, § 801(c)(1), sub- stituted ‘‘XII–B, and XII–C’’ for ‘‘and XII–B’’. Pub. L. 101–647, § 241(b)(2), substituted ‘‘XII–A, and XII–B’’ for ‘‘and XII–A’’. 1986—Subsec. (b). Pub. L. 99–570 inserted reference to subchapter XII–A of this chapter in introductory provi- sions. 1984—Subsec. (a). Pub. L. 98–473 in amending subsec. (a) generally, substituted ‘‘Office of Justice Programs’’ for ‘‘Office of Justice Assistance, Research, and Statis- tics’’ and ‘‘Bureau of Justice Assistance’’ for ‘‘Law En- forcement Assistance Administration’’ and also in- cluded authority for the Office of Juvenile Justice and Delinquency Prevention to establish rules, regulations, and procedures for exercise of its functions. Subsec. (b). Pub. L. 98–473 in amending subsec. (b) generally, substituted ‘‘Bureau of Justice Assistance’’ for ‘‘Law Enforcement Assistance Administration’’ wherever appearing; provided for consultations with the Office of Juvenile Justice and Delinquency Preven- tion; and struck out provisions respecting: rules, regu- lations, and procedures affecting national priority grant programs or projects; evaluations in addition to the requirements of former sections 3743 and 3744 of this title; and requirement for comparison of effective- ness of formula grant programs or projects of States or local units of government with similar national pri- ority and discretionary grant programs or projects. Subsec. (c). Pub. L. 98–473 in amending section gen- erally, reenacted subsec. (c) without change. 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. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as an Ef- fective Date note under section 10101 of this title. § 10222. Notice and hearing on denial or termi- nation of grant Whenever, after reasonable notice and oppor- tunity for a hearing on the record in accordance