34 U.S.C. § 10531 — Program authorized

Page 165 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10531 1 So in original. Probably should be ‘‘under’’. chapter may not exceed 75 percent of the total costs of the project described in the application submitted for the fiscal year for which the project receives assistance. (b) Administrative costs A State or unit of local government may not use more than 10 percent of the funds it receives from 1 this subchapter for administrative ex- penses. (Pub. L. 90–351, title I, § 2405, as added Pub. L. 103–322, title XXI, § 210302(c)(1)(C), Sept. 13, 1994, 108 Stat. 2067.) Editorial Notes CODIFICATION Section was formerly classified to section 3796kk–4 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10516. Reports Each State or unit of local government which receives a grant under this subchapter shall sub- mit to the Attorney General, for each year in which funds from a grant received under this subchapter is expended, a report at such time and in such manner as the Attorney General may reasonably require which contains— (1) a summary of the activities carried out under the grant and an assessment of whether such activities are meeting the needs identi- fied in the application submitted under sec- tion 10512 of this title; and (2) such other information as the Attorney General may require. (Pub. L. 90–351, title I, § 2406, as added Pub. L. 103–322, title XXI, § 210302(c)(1)(C), Sept. 13, 1994, 108 Stat. 2067; amended Pub. L. 112–189, § 2(a), Oct. 5, 2012, 126 Stat. 1435.) Editorial Notes CODIFICATION Section was formerly classified to section 3796kk–5 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2012—Pub. L. 112–189 struck out subsec. (a) designa- tion and heading ‘‘Reports to Attorney General’’ before ‘‘Each State’’ and struck out subsec. (b) which required the Attorney General to submit reports to Congress on grant amounts and activities. § 10517. Expenditure records (a) Records Each State or unit of local government which receives a grant under this subchapter shall keep records as the Attorney General may re- quire to facilitate an effective audit. (b) Access The Attorney General, the Comptroller Gen- eral, or their designated agents shall have ac- cess, for the purpose of audit and examination, to any books, documents, and records of States and units of local government which receive grants made under this subchapter if, in the opinion of the Attorney General, the Comp- troller General, or their designated agents, such books, documents, and records are related to the receipt or use of any such grant. (Pub. L. 90–351, title I, § 2407, as added Pub. L. 103–322, title XXI, § 210302(c)(1)(C), Sept. 13, 1994, 108 Stat. 2067.) Editorial Notes CODIFICATION Section was formerly classified to section 3796kk–6 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBCHAPTER XXIV—MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR VESTS § 10530. Patrick Leahy Bulletproof Vest Partner- ship Grant Program The program under this subchapter shall be known as the ‘‘Patrick Leahy Bulletproof Vest Partnership Grant Program’’. (Pub. L. 90–351, title I, § 2500, as added Pub. L. 116–18, § 1(b), May 23, 2019, 133 Stat. 869.) § 10531. Program authorized (a) In general The Director of the Bureau of Justice Assist- ance is authorized to make grants to States, units of local government, and Indian tribes to purchase armor vests for use by State, local, and tribal law enforcement officers and State and local court officers. (b) Uses of funds Grants awarded under this section shall be— (1) distributed directly to the State, unit of local government, State or local court, or In- dian tribe; and (2) used for the purchase of armor vests for law enforcement officers in the jurisdiction of the grantee. (c) Preferential consideration In awarding grants under this subchapter, the Director of the Bureau of Justice Assistance may give preferential consideration, if feasible, to an application from a jurisdiction that— (1) has the greatest need for armor vests based on the percentage of law enforcement of- ficers in the department who do not have ac- cess to a vest; (2) has, or will institute, a mandatory wear policy that requires on-duty law enforcement officers to wear armor vests whenever feasible; (3) has a violent crime rate at or above the national average as determined by the Federal Bureau of Investigation; and (4) provides armor vests to law enforcement officers that are uniquely fitted for such offi- cers, including vests uniquely fitted to indi- vidual female law enforcement officers; or (5) has not received a block grant under the Local Law Enforcement Block Grant program described under the heading ‘‘Violent Crime Reduction Programs, State and Local Law En- forcement Assistance’’ of the Departments of Commerce, Justice, and State, the Judiciary, Page 166 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10531 and Related Agencies Appropriations Act, 1998 (Public Law 105–119). (d) Minimum amount Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this section have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this sec- tion not less than 0.50 percent of the total amount appropriated in the fiscal year for grants pursuant to this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated .25 percent. (e) Maximum amount A qualifying State, unit of local government, or Indian tribe may not receive more than 5 per- cent of the total amount appropriated in each fiscal year for grants under this section, except that a State, together with the grantees within the State may not receive more than 20 percent of the total amount appropriated in each fiscal year for grants under this section. (f) Matching funds (1) In general The portion of the costs of a program pro- vided by a grant under subsection (a)— (A) may not exceed 50 percent; and (B) shall equal 50 percent, if— (i) such grant is to a unit of local govern- ment with fewer than 100,000 residents; (ii) the Director of the Bureau of Justice Assistance determines that the quantity of vests to be purchased with such grant is reasonable; and (iii) such portion does not cause such grant to violate the requirements of sub- section (e). (2) Indian assistance Any funds appropriated by 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 a matching requirement fund- ed under this subsection. (3) Limitation on matching funds A State, unit of local government, or Indian tribe may not use funding received under any other Federal grant program to pay or defer the cost, in whole or in part, of the matching requirement under paragraph (1). (4) Waiver The Director may waive in whole or in part, the match requirement of paragraph (1) in the case of fiscal hardship, as determined by the Director. (g) Allocation of funds Funds available under this subchapter shall be awarded, without regard to subsection (c), to each qualifying unit of local government with fewer than 100,000 residents. Any remaining funds available under this subchapter shall be awarded to other qualifying applicants. (h) Expiration of appropriated funds (1) Definition In this subsection, the term ‘‘appropriated funds’’ means any amounts that are appro- priated for any of fiscal years 2016 through 2020 to carry out this subchapter. (2) Expiration All appropriated funds that are not obli- gated on or before December 31, 2022 shall be transferred to the General Fund of the Treas- ury not later than January 31, 2023. (Pub. L. 90–351, title I, § 2501, as added Pub. L. 105–181, § 3(a)(3), June 16, 1998, 112 Stat. 513; amended Pub. L. 106–517, § 3(a), (b), Nov. 13, 2000, 114 Stat. 2407, 2408; Pub. L. 110–177, title III, § 302(d), Jan. 7, 2008, 121 Stat. 2539; Pub. L. 111–8, div. B, title II, Mar. 11, 2009, 123 Stat. 583; Pub. L. 114–155, §§ 3, 5, 7, May 16, 2016, 130 Stat. 389, 390.) Editorial Notes REFERENCES IN TEXT The Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998, referred to in subsec. (c)(5), is Pub. L. 105–119, Nov. 26, 1997, 111 Stat. 2440. Provisions under the head- ing ‘‘Violent Crime Reduction Programs, State and Local Law Enforcement Assistance’’, 111 Stat. 2452, are not classified to the Code. CODIFICATION Section was formerly classified to section 3796ll of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 2501 of Pub. L. 90–351 was renumbered section 2601 and is classified to section 10541 of this title. AMENDMENTS 2016—Subsec. (c)(2) to (5). Pub. L. 114–155, § 7, sub- stituted ‘‘; and’’ for ‘‘; or’’ at end of par. (3), added par. (4), and redesignated former par. (4) as (5). Subsec. (f)(3), (4). Pub. L. 114–155, § 5, added par. (3) and redesignated former par. (3) as (4). Subsec. (h). Pub. L. 114–155, § 3, added subsec. (h). 2009—Subsec. (f)(3). Pub. L. 111–8 added par. (3). 2008—Subsec. (a). Pub. L. 110–177, § 302(d)(1), inserted ‘‘and State and local court officers’’ after ‘‘tribal law enforcement officers’’. Subsec. (b)(1). Pub. L. 110–177, § 302(d)(2), inserted ‘‘State or local court,’’ after ‘‘government,’’. 2000—Subsec. (f). Pub. L. 106–517, § 3(a), designated first sentence as par. (1), inserted par. heading, sub- stituted ‘‘subsection (a)—’’ and subpars. (A) and (B) for ‘‘subsection (a) may not exceed 50 percent.’’, and des- ignated second sentence as par. (2) and inserted par. heading. Subsec. (g). Pub. L. 106–517, § 3(b), amended heading and text of subsec. (g) generally. Prior to amendment, text read as follows: ‘‘At least half of the funds avail- able under this subchapter shall be awarded to units of local government with fewer than 100,000 residents.’’ Statutory Notes and Related Subsidiaries 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) through (6) of this title, trans- ferred to Assistant Attorney General for Office of Jus- tice Programs, see section 1000(a)(1) [title I, § 108(b)] of Page 167 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10533 Pub. L. 106–113, set out as a note under section 10141 of this title. FINDINGS OF 2000 AMENDMENTS Pub. L. 106–517, § 2, Nov. 13, 2000, 114 Stat. 2407, pro- vided that: ‘‘Congress finds that— ‘‘(1) the number of law enforcement officers who are killed in the line of duty would significantly decrease if every law enforcement officer in the United States had the protection of an armor vest; ‘‘(2) according to studies, between 1985 and 1994, 709 law enforcement officers in the United States were killed in the line of duty; ‘‘(3) the Federal Bureau of Investigation estimates that the risk of fatality to law enforcement officers while not wearing an armor vest is 14 times higher than for officers wearing an armor vest; ‘‘(4) according to studies, between 1985 and 1994, bul- let-resistant materials helped save the lives of more than 2,000 law enforcement officers in the United States; and ‘‘(5) the Executive Committee for Indian Country Law Enforcement Improvements reports that violent crime in Indian country has risen sharply, despite a decrease in the national crime rate, and has con- cluded that there is a ‘public safety crisis in Indian country’.’’ FINDINGS AND PURPOSE OF 1998 AMENDMENTS Pub. L. 105–181, § 2, June 16, 1998, 112 Stat. 512, pro- vided that: ‘‘(a) FINDINGS.—Congress finds that— ‘‘(1) the number of law enforcement officers who are killed in the line of duty would significantly decrease if every law enforcement officer in the United States had the protection of an armor vest; ‘‘(2) according to studies, between 1985 and 1994, 709 law enforcement officers in the United States were feloniously killed in the line of duty; ‘‘(3) the Federal Bureau of Investigation estimates that the risk of fatality to law enforcement officers while not wearing an armor vest is 14 times higher than for officers wearing an armor vest; ‘‘(4) the Department of Justice estimates that ap- proximately 150,000 State, local, and tribal law en- forcement officers, nearly 25 percent, are not issued body armor; ‘‘(5) according to studies, between 1985 and 1994, bul- let-resistant materials helped save the lives of more than 2,000 law enforcement officers in the United States; and ‘‘(6) the Executive Committee for Indian Country Law Enforcement Improvements reports that violent crime in Indian country has risen sharply, despite a decrease in the national crime rate, and has con- cluded that there is a ‘public safety crisis in Indian country’. ‘‘(b) PURPOSE.—The purpose of this Act [see Short Title of 1998 Act note set out under section 10101 of this title] is to save lives of law enforcement officers by helping State, local, and tribal law enforcement agen- cies provide officers with armor vests.’’ § 10532. 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 Director of the Bureau of Justice As- sistance in such form and containing such infor- mation as the Director may reasonably require. (b) Regulations Not later than 90 days after June 16, 1998, the Director of the Bureau of Justice Assistance shall promulgate regulations to implement this section (including the information that must be included and the requirements that the States, units of local government, and Indian tribes must meet) in submitting the applications re- quired under this section. (c) Eligibility A unit of local government that receives fund- ing under the Local Law Enforcement Block Grant program (described under the heading ‘‘Violent Crime Reduction Programs, State and Local Law Enforcement Assistance’’ of the De- partments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105–119)) during a fiscal year in which it submits an application under this subchapter shall not be eligible for a grant under this subchapter unless the chief executive officer of such unit of local government certifies and provides an explanation to the Director that the unit of local government considered or will consider using funding received under the block grant program for any or all of the costs relat- ing to the purchase of armor vests, but did not, or does not expect to use such funds for such purpose. (d) Applications in conjunction with purchases If an application under this section is sub- mitted in conjunction with a transaction for the purchase of armor vests, grant amounts under this section may not be used to fund any portion of that purchase unless, before the application is submitted, the applicant— (1) receives clear and conspicuous notice that receipt of the grant amounts requested in the application is uncertain; and (2) expressly assumes the obligation to carry out the transaction, regardless of whether such amounts are received. (Pub. L. 90–351, title I, § 2502, as added Pub. L. 105–181, § 3(a)(3), June 16, 1998, 112 Stat. 514; amended Pub. L. 106–517, § 3(c), Nov. 13, 2000, 114 Stat. 2408.) REFERENCES IN TEXT The Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998, referred to in subsec. (c), is Pub. L. 105–119, Nov. 26, 1997, 111 Stat. 2440. Provisions under the head- ing ‘‘Violent Crime Reduction Programs, State and Local Law Enforcement Assistance’’, 111 Stat. 2452, are not classified to the Code. CODIFICATION Section was formerly classified to section 3796ll–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2000—Subsec. (d). Pub. L. 106–517 added subsec. (d). 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) through (6) of this title, trans- ferred to Assistant Attorney General for Office of Jus- tice Programs, 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. § 10533. Definitions For purposes of this subchapter— (1) the term ‘‘armor vest’’ means—