34 U.S.C. § 10551 — Program authorized

Page 172 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10551 ment due to lack of appropriations, and the remaining programs and staff transferred to the Office of Justice Assistance, Research, and Statistics, effective Apr. 15, 1982, see Notice of Department of Justice, Office of Jus- tice Assistance, Research, and Statistics, Apr. 19, 1982, 47 F.R. 16694. SUBCHAPTER XXVI—MATCHING GRANT PROGRAM FOR SCHOOL SECURITY § 10551. Program authorized (a) In general (1) COPS grants The Director of the Office of Community Oriented Policing Services (referred to in this subchapter as the ‘‘COPS Director’’) is author- ized to make grants to States, units of local government, and Indian tribes for the purposes described in paragraphs (5) through (9) of sub- section (b). (2) BJA grants The Director of the Bureau of Justice Assist- ance (referred to in this subchapter as the ‘‘BJA Director’’) is authorized to make grants to States, units of local government, and In- dian tribes for the purposes described in para- graphs (1) through (4) of subsection (b). (b) Uses of funds Grants awarded under this section shall be dis- tributed directly to the State, unit of local gov- ernment, or Indian tribe, and shall be used to improve security at schools and on school grounds in the jurisdiction of the grantee through evidence-based school safety programs that may include one or more of the following: (1) Training school personnel and students to prevent student violence against others and self. (2) The development and operation of anony- mous reporting systems for threats of school violence, including mobile telephone applica- tions, hotlines, and Internet websites. (3) The development and operation of— (A) school threat assessment and interven- tion teams that may include coordination with law enforcement agencies and school personnel; and (B) specialized training for school officials in responding to mental health crises. (4) Any other measure that, in the deter- mination of the BJA Director, may provide a significant improvement in training, threat assessments and reporting, and violence pre- vention. (5) Coordination with local law enforcement. (6) Training for local law enforcement offi- cers to prevent student violence against oth- ers and self. (7) Placement and use of metal detectors, locks, lighting, and other deterrent measures. (8) Acquisition and installation of tech- nology for expedited notification of local law enforcement during an emergency. (9) Any other measure that, in the deter- mination of the COPS Director, may provide a significant improvement in security. (c) Contracts and subawards A State, unit of local government, or Indian tribe may, in using a grant under this sub- chapter for purposes authorized under sub- section (b), use the grant to contract with or make 1 or more subawards to 1 or more— (1) local educational agencies; (2) nonprofit organizations, excluding schools; or (3) units of local government or tribal orga- nizations. (d) Services and benefits for schools An entity that receives a subaward or contract under subsection (c) may use such funds to pro- vide services or benefits described under sub- section (b) to 1 or more schools. (e) Preferential consideration In awarding grants under this subchapter, the COPS Director and the BJA Director shall give preferential consideration, if feasible, to an ap- plication from a jurisdiction that has a dem- onstrated need for improved security, has a demonstrated need for financial assistance, has evidenced the ability to make the improvements for which the grant amounts are sought, and will use evidence-based strategies and programs, such as those identified by the Comprehensive School Safety Initiative of the Department of Justice. (f) Matching funds (1) The portion of the costs of a program pro- vided by a grant under subsection (a) may not exceed 75 percent. (2) Any funds appropriated by Congress for the activities of any agency of an Indian tribal gov- ernment or the Bureau of Indian Affairs per- forming law enforcement functions on any In- dian lands may be used to provide the non-Fed- eral share of a matching requirement funded under this subsection. (3) The COPS Director and the BJA Director may each provide, in the guidelines imple- menting this section, for the requirement of paragraph (1) to be waived or altered in the case of a recipient with a financial need for such a waiver or alteration. (g) Equitable distribution In awarding grants under this subchapter, the COPS Director and the BJA shall each ensure, to the extent practicable, an equitable geo- graphic distribution among the regions of the United States and among urban, suburban, and rural areas. (h) Administrative costs The COPS Director and the BJA Director may each reserve not more than 2 percent from amounts appropriated to carry out this sub- chapter for administrative costs. (Pub. L. 90–351, title I, § 2701, as added Pub. L. 106–386, div. B, title I, § 1108(b), Oct. 28, 2000, 114 Stat. 1501; amended Pub. L. 109–162, title XI, § 1169(b), Jan. 5, 2006, 119 Stat. 3122; Pub. L. 109–271, § 8(j), Aug. 12, 2006, 120 Stat. 767; Pub. L. 114–255, div. B, title XIV, § 14010, Dec. 13, 2016, 130 Stat. 1297; Pub. L. 115–141, div. S, title V, § 502(1), Mar. 23, 2018, 132 Stat. 1128.) Editorial Notes CODIFICATION Section was formerly classified to section 3797a of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Page 173 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10552 AMENDMENTS 2018—Subsec. (a). Pub. L. 115–141, § 502(1)(A), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: ‘‘The Director of the Office of Community Oriented Policing Services (in this section referred to as the ‘Director’) is authorized to make grants to States, units of local government, and Indian tribes to provide improved security, includ- ing the placement and use of metal detectors and other deterrent measures, at schools and on school grounds.’’ Subsec. (b). Pub. L. 115–141, § 502(1)(B), inserted ‘‘evi- dence-based school safety programs that may include’’ after ‘‘through’’ in introductory provisions, added pars. (1) to (9), and struck out former pars. (1) to (6) which read as follows: ‘‘(1) Placement and use of metal detectors, locks, lighting, and other deterrent measures. ‘‘(2) Security assessments. ‘‘(3) Security training of personnel and students. ‘‘(4) The development and operation of crisis inter- vention teams that may include coordination with law enforcement agencies and specialized training for school officials in responding to mental health crises. ‘‘(5) Coordination with local law enforcement. ‘‘(6) Any other measure that, in the determination of the Director, may provide a significant improvement in security.’’ Subsecs. (c), (d). Pub. L. 115–141, § 502(1)(D), added sub- secs. (c) and (d). Former subsecs. (c) and (d) redesig- nated (e) and (f), respectively. Subsec. (e). Pub. L. 115–141, § 502(1)(C), (E), redesig- nated subsec. (c) as (e), substituted ‘‘COPS Director and the BJA Director’’ for ‘‘Director’’ and ‘‘has evidenced’’ for ‘‘and has evidenced’’, and inserted before period at end ‘‘, and will use evidence-based strategies and pro- grams, such as those identified by the Comprehensive School Safety Initiative of the Department of Justice’’. Former subsec. (e) redesignated (g). Subsec. (f). Pub. L. 115–141, § 502(1)(C), redesignated subsec. (d) as (f). Former subsec. (f) redesignated (h). Subsec. (f)(1). Pub. L. 115–141, § 502(1)(F)(i), sub- stituted ‘‘75 percent’’ for ‘‘50 percent’’. Subsec. (f)(3). Pub. L. 115–141, § 502(1)(F)(ii), sub- stituted ‘‘COPS Director and the BJA Director may each’’ for ‘‘Director may’’. Subsec. (g). Pub. L. 115–141, § 502(1)(C), (G), redesig- nated subsec. (e) as (g) and substituted ‘‘COPS Director and the BJA shall each’’ for ‘‘Director shall’’. Subsec. (h). Pub. L. 115–141, § 502(1)(C), (H), redesig- nated subsec. (f) as (h) and substituted ‘‘COPS Director and the BJA Director may each’’ for ‘‘Director may’’. 2016—Subsec. (b)(4) to (6). Pub. L. 114–255 added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively. 2006—Subsec. (a). Pub. L. 109–271, § 8(j)(1), substituted ‘‘The Director of the Office of Community Oriented Po- licing Services (in this section referred to as the ‘Direc- tor’)’’ for ‘‘The Attorney General, acting through the Office of Community Oriented Policing Services,’’. Pub. L. 109–162 inserted ‘‘, acting through the Office of Community Oriented Policing Services,’’ after ‘‘The Attorney General’’. Subsecs. (b) to (f). Pub. L. 109–271, § 8(j)(2), substituted ‘‘Director’’ for ‘‘Attorney General’’ wherever appear- ing. § 10552. Applications (a) In general To request a grant under this subchapter, the chief executive of a State, unit of local govern- ment, or Indian tribe shall submit an applica- tion to the COPS Director or the BJA Director, as the case may be, at such time, in such man- ner, and accompanied by such information as the COPS Director or the BJA Director may re- quire. Each application shall— (1) include a detailed explanation of— (A) the intended uses of funds provided under the grant; and (B) how the activities funded under the grant will meet the purpose of this sub- chapter; (2) be accompanied by an assurance that the application was prepared after consultation with individuals not limited to law enforce- ment officers (such as school violence re- searchers, licensed mental health profes- sionals, social workers, teachers, principals, and other school personnel) to ensure that the improvements to be funded under the grant are— (A) consistent with a comprehensive ap- proach to preventing school violence; and (B) individualized to the needs of each school at which those improvements are to be made; (3) include an assurance that the applicant shall maintain and report such data, records, and information (programmatic and financial) as the COPS Director or the BJA Director may reasonably require; (4) include a certification, made in a form acceptable to the COPS Director or the BJA Director, as the case may be, that— (A) the programs to be funded by the grant meet all the requirements of this sub- chapter; (B) all the information contained in the application is correct; and (C) the applicant will comply with all pro- visions of this subchapter and all other ap- plicable Federal laws. (b) Guidelines Not later than 90 days after March 23, 2018, the COPS Director and the BJA Director shall each promulgate guidelines to implement this section (including the information that must be in- cluded and the requirements that the States, units of local government, and Indian tribes must meet) in submitting the applications re- quired under this section. (Pub. L. 90–351, title I, § 2702, as added Pub. L. 106–386, div. B, title I, § 1108(b), Oct. 28, 2000, 114 Stat. 1502; amended Pub. L. 109–271, § 8(j)(2), Aug. 12, 2006, 120 Stat. 767; Pub. L. 115–141, div. S, title V, § 502(2), Mar. 23, 2018, 132 Stat. 1130.) Editorial Notes CODIFICATION Section was formerly classified to section 3797b of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–141, § 502(2)(A)(i), in in- troductory provisions, substituted ‘‘the COPS Director or the BJA Director, as the case may be,’’ for ‘‘the Di- rector’’ after ‘‘application to’’ and ‘‘the COPS Director or the BJA Director may’’ for ‘‘the Director may’’. Subsec. (a)(2). Pub. L. 115–141, § 502(2)(A)(iii)(I), sub- stituted ‘‘licensed mental health professionals’’ for ‘‘child psychologists’’ in introductory provisions. Subsec. (a)(3), (4). Pub. L. 115–141, § 502(2)(A)(ii), (iii)(II), (iv), added pars. (3) and (4). Subsec. (b). Pub. L. 115–141, § 502(2)(B), substituted ‘‘March 23, 2018’’ for ‘‘October 28, 2000’’ and ‘‘COPS Di- rector and the BJA Director shall each’’ for ‘‘Director shall’’.