34 U.S.C. § 10382 — Applications

Page 115 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10382 ‘‘(3) TRIBAL ORGANIZATION.—The term ‘tribal organi- zation’ has the meaning given that term in section 4 of the Indian Self-Determination and Educational [Education] Assistance Act (25 U.S.C. 450b(l)) [now 25 U.S.C. 5304(l)]. ‘‘(b) COPS GRANTS.—The State and any Indian tribe or tribal organization in the State that employs a vil- lage public safety officer shall be eligible to apply for a grant under section 1701 of the Omnibus Crime Con- trol and Safe Streets Act of 1968 (42 U.S.C. 3796dd) [now 34 U.S.C. 10381] (provided that only an Indian tribe or tribal organization may receive a grant under the trib- al resources grant program under subsection (j) [now subsec. (k)] of that section) on an equal basis with other eligible applicants for funding under that section. ‘‘(c) STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE GRANTS.—The State and any Indian tribe or tribal organization in the State that employs a village public safety officer shall be eligible to apply for a grant under the Staffing for Adequate Fire and Emer- gency Response program under section 34 of the Fed- eral Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a) on an equal basis with other eligible applicants for funding under that program. ‘‘(d) TRAINING FOR VILLAGE PUBLIC SAFETY OFFICERS AND TRIBAL LAW ENFORCEMENT POSITIONS FUNDED UNDER COPS PROGRAM.— ‘‘(1) IN GENERAL.—Any village public safety officer or tribal law enforcement officer in the State shall be eligible to participate in any training program of- fered at the Indian Police Academy of the Federal Law Enforcement Training Center. ‘‘(2) FUNDING.—Funding received pursuant to grants approved under section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) [now 34 U.S.C. 10381] may be used for training of offi- cers at programs described in paragraph (1) or at a police academy in the State certified by the Alaska Police Standards Council.’’ [For definition of ‘‘Indian tribe’’ as used in section 247(a)–(d) of Pub. L. 111–211, set out above, see section 203(a) of Pub. L. 111–211, set out as a note under section 2801 of Title 25, Indians.] § 10382. Applications (a) In general No grant may be made under this subchapter unless an application has been submitted to, and approved by, the Attorney General. (b) Application An application for a grant under this sub- chapter shall be submitted in such form, and contain such information, as the Attorney Gen- eral may prescribe by regulation or guidelines. (c) Contents In accordance with the regulations or guide- lines established by the Attorney General, each application for a grant under this subchapter shall— (1) include a long-term strategy and detailed implementation plan that reflects consulta- tion with community groups and appropriate private and public agencies; (2) demonstrate a specific public safety need; (3) explain the applicant’s inability to ad- dress the need without Federal assistance; (4) identify related governmental and com- munity initiatives which complement or will be coordinated with the proposal; (5) certify that there has been appropriate coordination with all affected agencies; (6) outline the initial and ongoing level of community support for implementing the pro- posal including financial and in-kind contribu- tions or other tangible commitments; (7) specify plans for obtaining necessary sup- port and continuing the proposed program, project, or activity following the conclusion of Federal support; (8) if the application is for a grant for hiring or rehiring additional career law enforcement officers, specify plans for the assumption by the applicant of a progressively larger share of the cost in the course of time, looking toward the continuation of the increased hiring level using State or local sources of funding fol- lowing the conclusion of Federal support; (9) assess the impact, if any, of the increase in police resources on other components of the criminal justice system; (10) explain how the grant will be utilized to reorient the affected law enforcement agency’s mission toward community-oriented policing or enhance its involvement in or commitment to community-oriented policing; and (11) provide assurances that the applicant will, to the extent practicable, seek, recruit, and hire members of racial and ethnic minor- ity groups and women in order to increase their ranks within the sworn positions in the law enforcement agency. (d) Special provisions (1) Small jurisdictions Notwithstanding any other provision of this subchapter, in relation to applications under this subchapter of units of local government or law enforcement agencies having jurisdic- tion over areas with populations of less than 50,000, the Attorney General may waive 1 or more of the requirements of subsection (c) and may otherwise make special provisions to fa- cilitate the expedited submission, processing, and approval of such applications. (2) Small grant amount Notwithstanding any other provision of this subchapter, in relation to applications under section 10381(b) of this title for grants of less than $1,000,000, the Attorney General may waive 1 or more of the requirements of sub- section (c) and may otherwise make special provisions to facilitate the expedited submis- sion, processing, and approval of such applica- tions. (Pub. L. 90–351, title I, § 1702, as added Pub. L. 103–322, title I, § 10003(a)(3), Sept. 13, 1994, 108 Stat. 1811; amended Pub. L. 109–162, title XI, §§ 1111(c)(2)(I), 1163(b), Jan. 5, 2006, 119 Stat. 3102, 3120.) Editorial Notes CODIFICATION Section was formerly classified to section 3796dd–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. (c)(1). Pub. L. 109–162, § 1111(c)(2)(I), struck out ‘‘and reflects consideration of the statewide strategy under section 3753(a)(1) of this title’’ before semicolon at end. Subsec. (d)(2). Pub. L. 109–162, § 1163(b), substituted ‘‘section 3796dd(b)’’ for ‘‘section 3796dd(d)’’. 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-