34 U.S.C. § 10154 — Review of applications

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 Page 50 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10155 as an Effective Date of 2006 Amendment note under sec- tion 10151 of this title. § 10155. Rules The Attorney General shall issue rules to carry out this part. The first such rules shall be issued not later than one year after the date on which amounts are first made available to carry out this part. (Pub. L. 90–351, title I, § 504, 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 3754 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 504 of title I of Pub. L. 90–351, as added Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4333; amended Pub. L. 101–162, title II, § 211, Nov. 21, 1989, 103 Stat. 1006; Pub. L. 101–515, title II, § 207, Nov. 5, 1990, 104 Stat. 2119; Pub. L. 101–647, title VI, § 601(a), Nov. 29, 1990, 104 Stat. 4823; Pub. L. 102–140, title I, §§ 108, 109, Oct. 28, 1991, 105 Stat. 794; Pub. L. 103–322, title XV, § 150009, Sept. 13, 1994, 108 Stat. 2036; Pub. L. 107–273, div. A, title II, § 203(a)(1), Nov. 2, 2002, 116 Stat. 1775, related to grant limitations, prior to repeal by Pub. L. 109–162, title XI, § 1111(a)(1), (d), Jan. 5, 2006, 119 Stat. 3094, 3102, applicable with respect to the first fiscal year begin- ning after Jan. 5, 2006, and each fiscal year thereafter. Another prior section 504 of title I of Pub. L. 90–351, formerly § 604, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1197; renumbered § 504 and amended Pub. L. 98–473, title II, § 608(b), (f), Oct. 12, 1984, 98 Stat. 2087, re- lated to application requirements for discretionary grants, prior to repeal by Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4328. Another prior section 504 of title I of Pub. L. 90–351, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1193, prescribed application requirements, including con- tents of applications, certifications, review by State criminal justice councils, and private nonprofit organi- zations, prior to repeal by Pub. L. 98–473, title II, § 607, Oct. 12, 1984, 98 Stat. 2086. Another prior section 504 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 205; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 211, provided for place for holding of hearings, signing and issuance of subpenas, administering of oaths, the examination of witnesses, and reception of evidence by Administration personnel, prior to the gen- eral 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 as an Effective Date of 2006 Amendment note under sec- tion 10151 of this title. § 10156. Formula (a) Allocation among States (1) In general Of the total amount appropriated for this part, the Attorney General shall, except as provided in paragraph (2), allocate— (A) 50 percent of such remaining amount to each State in amounts that bear the same ratio of— (i) the total population of a State to— (ii) the total population of the United States; and (B) 50 percent of such remaining amount to each State in amounts that bear the same ratio of— (i) the average annual number of part 1 violent crimes of the Uniform Crime Re- ports of the Federal Bureau of Investiga- tion reported by such State for the three most recent years reported by such State to— (ii) the average annual number of such crimes reported by all States for such years. (2) Minimum allocation If carrying out paragraph (1) would result in any State receiving an allocation less than 0.25 percent of the total amount (in this para- graph referred to as a ‘‘minimum allocation State’’), then paragraph (1), as so carried out, shall not apply, and the Attorney General shall instead— (A) allocate 0.25 percent of the total amount to each State; and (B) using the amount remaining after car- rying out subparagraph (A), carry out para- graph (1) in a manner that excludes each minimum allocation State, including the population of and the crimes reported by such State. (b) Allocation between States and units of local government Of the amounts allocated under subsection (a)— (1) 60 percent shall be for direct grants to States, to be allocated under subsection (c); and (2) 40 percent shall be for grants to be allo- cated under subsection (d). (c) Allocation for State governments (1) In general Of the amounts allocated under subsection (b)(1), each State may retain for the purposes described in section 10152 of this title an amount that bears the same ratio of— (A) total expenditures on criminal justice by the State government in the most re- cently completed fiscal year to— (B) the total expenditure on criminal jus- tice by the State government and units of local government within the State in such year. (2) Remaining amounts Except as provided in subsection (e)(1), any amounts remaining after the allocation re- quired by paragraph (1) shall be made avail- able to units of local government by the State for the purposes described in section 10152 of this title. (d) Allocations to local governments (1) In general Of the amounts allocated under subsection (b)(2), grants for the purposes described in sec- tion 10152 of this title shall be made directly to units of local government within each State in accordance with this subsection, subject to subsection (e).