34 U.S.C. § 10364 — Local applications

Page 108 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10363 amended Pub. L. 109–162, title XI, § 1111(c)(2)(H), Jan. 5, 2006, 119 Stat. 3102.) Editorial Notes CODIFICATION Section was formerly classified to section 3796cc–1 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 2006—Subsec. (b). Pub. L. 109–162 substituted ‘‘The of- fice responsible for the trust fund required by section 3757 of this title’’ for ‘‘The office designated under sec- tion 3757 of this title’’. 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. 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. § 10363. Review of State applications (a) In general The Bureau shall make a grant under section 10361(a) of this title to carry out the projects de- scribed in the application submitted by an appli- cant under section 10362 of this title upon deter- mining that— (1) the application is consistent with the re- quirements of this subchapter; and (2) before the approval of the application, the Bureau has made an affirmative finding in writing that the proposed project has been re- viewed in accordance with this subchapter. (b) Approval Each application submitted under section 10362 of this title shall be considered approved, in whole or in part, by the Bureau not later than 45 days after first received unless the Bureau in- forms the applicant of specific reasons for dis- approval. (c) Disapproval notice and reconsideration The Bureau shall not disapprove any applica- tion without first affording the applicant rea- sonable notice and an opportunity for reconsid- eration. (Pub. L. 90–351, title I, § 1603, as added Pub. L. 102–521, § 4(a)(3), Oct. 25, 1992, 106 Stat. 3405.) Editorial Notes CODIFICATION Section was formerly classified to section 3796cc–2 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10364. Local applications (a) In general (1) To request funds under this subchapter from a State, the chief executive of a local enti- ty shall submit an application to the office des- ignated under section 10362(b) of this title. (2) An application under paragraph (1) shall be considered approved, in whole or in part, by the State not later than 45 days after such applica- tion is first received unless the State informs the applicant in writing of specific reasons for disapproval. (3) The State shall not disapprove any applica- tion submitted to the State without first afford- ing the applicant reasonable notice and an op- portunity for reconsideration. (4) If an application under paragraph (1) is ap- proved, the local entity is eligible to receive funds under this subchapter. (b) Distribution to local entities A State that receives funds under section 10361 of this title in a fiscal year shall make such funds available to a local entity with an ap- proved application within 45 days after the Bu- reau has approved the application submitted by the State and has made funds available to the State. The Director may waive the 45-day re- quirement in this section upon a finding that the State is unable to satisfy the requirement of the preceding sentence under State statutes. (Pub. L. 90–351, title I, § 1604, as added Pub. L. 102–521, § 4(a)(3), Oct. 25, 1992, 106 Stat. 3405.) Editorial Notes CODIFICATION Section was formerly classified to section 3796cc–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10365. Distribution of funds The Federal share of a grant made under this subchapter may not exceed 75 percent of the total costs of the project described in the appli- cation submitted under section 10362(a) of this title for the fiscal year for which the project re- ceives assistance under this subchapter. (Pub. L. 90–351, title I, § 1605, as added Pub. L. 102–521, § 4(a)(3), Oct. 25, 1992, 106 Stat. 3405.) Editorial Notes CODIFICATION Section was formerly classified to section 3796cc–4 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10366. Evaluation (a) In general (1) Each State and local entity that receives a grant under this subchapter shall submit to the Director an evaluation not later than March 1 of each year in accordance with guidelines issued by the Director and in consultation with the Di- rector of the National Institute of Justice. (2) The Director may waive the requirement specified in subsection (a) if the Director deter- mines that such evaluation is not warranted in the case of the State or local entity involved.