34 U.S.C. § 10385 — Performance evaluation

Page 116 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10383 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by section 1111(c)(2)(I) of Pub. L. 109–162 applicable with respect to the first fiscal year begin- ning 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. § 10383. Renewal of grants (a) In general Except for grants made for hiring or rehiring additional career law enforcement officers, a grant under this subchapter may be renewed for up to 2 additional years after the first fiscal year during which a recipient receives its initial grant, if the Attorney General determines that the funds made available to the recipient were used in a manner required under an approved ap- plication and if the recipient can demonstrate significant progress in achieving the objectives of the initial application. (b) Grants for hiring Grants made for hiring or rehiring additional career law enforcement officers may be renewed for up to 5 years, subject to the requirements of subsection (a), but notwithstanding the limita- tion in that subsection concerning the number of years for which grants may be renewed. (c) Multiyear grants A grant for a period exceeding 1 year may be renewed as provided in this section, except that the total duration of such a grant including any renewals may not exceed 3 years, or 5 years if it is a grant made for hiring or rehiring additional career law enforcement officers. (Pub. L. 90–351, title I, § 1703, as added Pub. L. 103–322, title I, § 10003(a)(3), Sept. 13, 1994, 108 Stat. 1812.) Editorial Notes CODIFICATION Section was formerly classified to section 3796dd–2 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10384. Limitation on use of funds (a) Nonsupplanting requirement Funds made available under this subchapter to States or units of local government shall not be used to supplant State or local funds, or, in the case of Indian tribal governments, funds sup- plied by the Bureau of Indian Affairs, but shall be used to increase the amount of funds that would, in the absence of Federal funds received under this subchapter, be made available from State or local sources, or in the case of Indian tribal governments, from funds supplied by the Bureau of Indian Affairs. (b) Non-Federal costs (1) In general States and units of local government may use assets received through the Assets For- feiture equitable sharing program to provide the non-Federal share of the cost of programs, projects, and activities funded under this sub- chapter. (2) Indian tribal governments Funds appropriated by the Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non- Federal share of the cost of programs or projects funded under this subchapter. (c) Hiring costs Funding provided under this subchapter for hiring or rehiring a career law enforcement offi- cer may not exceed $75,000, unless the Attorney General grants a waiver from this limitation. (d) Guidance for understaffed law enforcement agencies (1) Definitions In this subsection: (A) Covered applicant The term ‘‘covered applicant’’ means an applicant for a hiring grant under this sub- chapter seeking funding for a law enforce- ment agency operating below the budgeted strength of the law enforcement agency. (B) Budgeted strength The term ‘‘budgeted strength’’ means the employment of the maximum number of sworn law enforcement officers the budget of a law enforcement agency allows the agency to employ. (2) Procedures Not later than 180 days after May 24, 2024, the Attorney General shall establish con- sistent procedures for covered applicants, in- cluding guidance that— (A) clarifies that covered applicants re- main eligible for funding under this sub- chapter; and (B) enables covered applicants to attest that the funding from a grant awarded under this subchapter is not being used by the law enforcement agency to supplant State or local funds, as described in subsection (a). (3) Paperwork reduction In developing the procedures and guidance under paragraph (2), the Attorney General shall take measures to reduce paperwork re- quirements for grants to covered applicants. (Pub. L. 90–351, title I, § 1704, as added Pub. L. 103–322, title I, § 10003(a)(3), Sept. 13, 1994, 108 Stat. 1812; amended Pub. L. 118–64, § 5, May 24, 2024, 138 Stat. 1436.) Editorial Notes CODIFICATION Section was formerly classified to section 3796dd–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2024—Subsec. (d). Pub. L. 118–64 added subsec. (d). § 10385. Performance evaluation (a) Monitoring components Each program, project, or activity funded under this subchapter shall contain a moni- Page 117 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10389 toring component, developed pursuant to guide- lines established by the Attorney General. The monitoring required by this subsection shall in- clude systematic identification and collection of data about activities, accomplishments, and programs throughout the life of the program, project, or activity and presentation of such data in a usable form. (b) Evaluation components Selected grant recipients shall be evaluated on the local level or as part of a national evalua- tion, pursuant to guidelines established by the Attorney General. Such evaluations may in- clude assessments of individual program imple- mentations. In selected jurisdictions that are able to support outcome evaluations, the effec- tiveness of funded programs, projects, and ac- tivities may be required. Outcome measures may include crime and victimization indicators, quality of life measures, community percep- tions, and police perceptions of their own work. (c) Periodic review and reports The Attorney General may require a grant re- cipient to submit to the Attorney General the results of the monitoring and evaluations re- quired under subsections (a) and (b) and such other data and information as the Attorney General deems reasonably necessary. (Pub. L. 90–351, title I, § 1705, as added Pub. L. 103–322, title I, § 10003(a)(3), Sept. 13, 1994, 108 Stat. 1813.) Editorial Notes CODIFICATION Section was formerly classified to section 3796dd–4 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10386. Revocation or suspension of funding If the Attorney General determines, as a re- sult of the reviews required by section 10385 of this title, or otherwise, that a grant recipient under this subchapter is not in substantial com- pliance with the terms and requirements of an approved grant application submitted under sec- tion 10382 of this title, the Attorney General may revoke or suspend funding of that grant, in whole or in part. (Pub. L. 90–351, title I, § 1706, as added Pub. L. 103–322, title I, § 10003(a)(3), Sept. 13, 1994, 108 Stat. 1813.) Editorial Notes CODIFICATION Section was formerly classified to section 3796dd–5 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10387. Access to documents (a) By Attorney General The Attorney General shall have access for the purpose of audit and examination to any perti- nent books, documents, papers, or records of a grant recipient under this subchapter and to the pertinent books, documents, papers, or records of State and local governments, persons, busi- nesses, and other entities that are involved in programs, projects, or activities for which as- sistance is provided under this subchapter. (b) By Comptroller General Subsection (a) shall apply with respect to au- dits and examinations conducted by the Comp- troller General of the United States or by an au- thorized representative of the Comptroller Gen- eral. (Pub. L. 90–351, title I, § 1707, as added Pub. L. 103–322, title I, § 10003(a)(3), Sept. 13, 1994, 108 Stat. 1813.) Editorial Notes CODIFICATION Section was formerly classified to section 3796dd–6 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10388. General regulatory authority The Attorney General may promulgate regula- tions and guidelines to carry out this sub- chapter. (Pub. L. 90–351, title I, § 1708, as added Pub. L. 103–322, title I, § 10003(a)(3), Sept. 13, 1994, 108 Stat. 1813.) Editorial Notes CODIFICATION Section was formerly classified to section 3796dd–7 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10389. Definitions In this subchapter— (1) ‘‘career law enforcement officer’’ means a person hired on a permanent basis who is au- thorized by law or by a State or local public agency to engage in or supervise the preven- tion, detection, or investigation of violations of criminal laws. (2) ‘‘citizens’ police academy’’ means a pro- gram by local law enforcement agencies or pri- vate nonprofit organizations in which citizens, especially those who participate in neighbor- hood watch programs, are trained in ways of facilitating communication between the com- munity and local law enforcement in the pre- vention of crime. (3) ‘‘Indian tribe’’ means a tribe, band, pueb- lo, nation, or other organized group or commu- nity of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as eligi- ble for the special programs and services pro- vided by the United States to Indians because of their status as Indians. (4) ‘‘school resource officer’’ means a career law enforcement officer, with sworn authority, deployed in community-oriented policing, and assigned by the employing police department or agency to work in collaboration with schools and community-based organizations— (A) to address crime and disorder prob- lems, gangs, and drug activities affecting or occurring in or around an elementary or sec- ondary school;