34 U.S.C. § 10366 — Evaluation

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. Page 109 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10381 (b) Distribution The Director shall make available to the pub- lic on a timely basis evaluations received under subsection (a). (c) Administrative costs A State or local entity may use not more than 5 percent of the funds it receives under this sub- chapter to develop an evaluation program under this section. (Pub. L. 90–351, title I, § 1606, 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–5 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. 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) 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. § 10367. ‘‘Local entity’’ defined For purposes of this subchapter, the term ‘‘local entity’’ means a child support enforce- ment agency, law enforcement agency, pros- ecuting attorney, or unit of local government. (Pub. L. 90–351, title I, § 1607, as added Pub. L. 102–521, § 4(a)(3), Oct. 25, 1992, 106 Stat. 3406.) Editorial Notes CODIFICATION Section was formerly classified to section 3796cc–6 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBCHAPTER XVI—PUBLIC SAFETY AND COMMUNITY POLICING; ‘‘COPS ON THE BEAT’’ § 10381. Authority to make public safety and community policing grants (a) Grant authorization The Attorney General shall carry out a single grant program under which the Attorney Gen- eral makes grants to States, units of local gov- ernment, Indian tribal governments, other pub- lic and private entities, and multi-jurisdictional or regional consortia for the purposes described in subsection (b). (b) Uses of grant amounts The purposes for which grants made under subsection (a) may be made are— (1) to rehire law enforcement officers who have been laid off as a result of State, tribal, or local budget reductions for deployment in community-oriented policing; (2) to hire and train new, additional career law enforcement officers for deployment in community-oriented policing across the Na- tion, including by prioritizing the hiring and training of veterans (as defined in section 101 of title 38); (3) to procure equipment, technology, or sup- port systems, or pay overtime, to increase the number of officers deployed in community-ori- ented policing; (4) to award grants to pay for offices hired to perform intelligence, anti-terror, or homeland security duties; (5) to support hiring activities by law en- forcement agencies experiencing declines in officer recruitment applications by reducing application-related fees, such as fees for back- ground checks, psychological evaluations, and testing; (6) to increase the number of law enforce- ment officers involved in activities that are focused on interaction with members of the community on proactive crime control and prevention by redeploying officers to such ac- tivities; (7) to provide specialized training to law en- forcement officers to enhance their conflict resolution, mediation, problem solving, serv- ice, and other skills needed to work in part- nership with members of the community; (8) to increase police participation in multi- disciplinary early intervention teams; (9) to develop new technologies, including interoperable communications technologies, modernized criminal record technology, and forensic technology, to assist State, tribal, and local law enforcement agencies in reori- enting the emphasis of their activities from reacting to crime to preventing crime and to train law enforcement officers to use such technologies; (10) to develop and implement innovative programs to permit members of the commu- nity to assist State, tribal, and local law en- forcement agencies in the prevention of crime in the community, such as a citizens’ police academy, including programs designed to in- crease the level of access to the criminal jus- tice system enjoyed by victims, witnesses, and ordinary citizens by establishing decentralized satellite offices (including video facilities) of principal criminal courts buildings; (11) to establish innovative programs to re- duce, and keep to a minimum, the amount of time that law enforcement officers must be away from the community while awaiting court appearances; (12) to establish and implement innovative programs to increase and enhance proactive crime control and prevention programs involv- ing law enforcement officers and young per- sons in the community; (13) to establish school-based partnerships between local law enforcement agencies and local school systems by using school resource officers who operate in and around elementary and secondary schools to combat school-re- lated crime and disorder problems, gangs, and drug activities, including the training of school resource officers in the prevention of human trafficking offenses; (14) to develop and establish new administra- tive and managerial systems to facilitate the adoption of community-oriented policing as an organization-wide philosophy;