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42 U.S.C. § 3796aa–5 (THE PUBLIC HEALTH AND WELFARE)
§ 3796aa–5. Reports
(a) Each State or unit of local government that receives a grant under this subchapter shall submit to the Director, for each year in which any part of such grant is expended by a State or unit of local government, a report which contains—
(1) a summary of the activities carried out with such grant and an assessment of the impact of such activities on meeting the needs identified in the application submitted under section 3796aa–2 of this title; and
(2) such other information as the Director may require by rule.
Such report shall be submitted in such form and by such time as the Director may require by rule.
(b) Not later than 90 days after the end of each fiscal year for which grants are made under this subchapter, the Director shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report that includes with respect to each State—
(1) the aggregate amount of grants made under this chapter to the State and units of local government in the State for such fiscal year; and
(2) a summary of the information provided in compliance with subsection (a)(1).
(Pub. L. 90–351, title I, § 1406, as added Pub. L. 101–647, title II, § 241(a)(2), Nov. 29, 1990, 104 Stat. 4812; amended Pub. L. 103–322, title IV, § 40156(c)(6), Sept. 13, 1994, 108 Stat. 1924.)
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–322, § 40156(c)(6)(A)(i), (ii), substituted “State or unit of local government that” for “State which” and “subchapter” for “chapter” in introductory provisions.
Subsec. (a)(1). Pub. L. 103–322, § 40156(c)(6)(A)(iii), struck out “State” before “application submitted”.
Subsec. (b)(1). Pub. L. 103–322, § 40156(c)(6)(B), substituted “the State and units of local government in the State” for “such State”.
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which item 13 on page 121 identifies a reporting provision which, as subsequently amended, is contained in subsec. (b) of this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
heading: Transfer of Functions
text: Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, § 108(b)] of Pub. L. 106–113, set out as a note under section 3741 of this title.
42 U.S.C. § 3796bb (THE PUBLIC HEALTH AND WELFARE)
§ 3796bb. Rural drug enforcement assistance
(a) Of the total amount appropriated for this section in any fiscal year:
(1) 50 percent shall be allocated to and shared equally among rural States as described in subsection (b); and
(2) 50 percent shall be allocated to the remaining States for use in nonmetropolitan areas within those States, as follows:
(A) $250,000 to each nonrural State; and
(B) of the total funds remaining after the allocation in subparagraph (A), there shall be allocated to each State an amount which bears the same ratio to the amount of remaining funds described as the population of such State bears to the population of all States.
(b) For the purpose of this section, the term “rural State” means a State that has a population density of fifty-two or fewer persons per square mile or a State in which the largest county has fewer than one hundred and fifty thousand people, based on the decennial census of 1990 through fiscal year 1997.
(Pub. L. 90–351, title I, § 1501, as added Pub. L. 101–647, title VIII, § 801(a)(3), Nov. 29, 1990, 104 Stat. 4825; amended Pub. L. 103–322, title XVIII, § 180101(b), (c), Sept. 13, 1994, 108 Stat. 2045.)
heading: Prior Provisions
text: A prior section 1501 of Pub. L. 90–351 was renumbered section 2601 and is classified to section 3797 of this title.
Another prior section 1501 of Pub. L. 90–351, title X, June 19, 1968, 82 Stat. 238, was not classified to the Code.
heading: Amendments
text: 1994—Subsec. (a)(2)(A). Pub. L. 103–322, § 180101(b), substituted “$250,000” for “$100,000”.
Subsec. (b). Pub. L. 103–322, § 180101(c), inserted before period at end “, based on the decennial census of 1990 through fiscal year 1997”.
42 U.S.C. § 3796cc–5 (THE PUBLIC HEALTH AND WELFARE)
§ 3796cc–5. 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 Director of the National Institute of Justice.
(2) The Director may waive the requirement specified in subsection (a) if the Director determines that such evaluation is not warranted in the case of the State or local entity involved.
(b) Distribution
The Director shall make available to the public 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 subchapter 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.)
heading: Transfer of Functions
text: Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, § 108(b)] of Pub. L. 106–113, set out as a note under section 3741 of this title.
42 U.S.C. § 3796dd–2 (THE PUBLIC HEALTH AND WELFARE)
§ 3796dd–2. 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 application 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 limitation 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.)
42 U.S.C. § 3796dd–4 (THE PUBLIC HEALTH AND WELFARE)
§ 3796dd–4. Performance evaluation
(a) Monitoring components
Each program, project, or activity funded under this subchapter shall contain a monitoring component, developed pursuant to guidelines established by the Attorney General. The monitoring required by this subsection shall include 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 evaluation, pursuant to guidelines established by the Attorney General. Such evaluations may include assessments of individual program implementations. In selected jurisdictions that are able to support outcome evaluations, the effectiveness of funded programs, projects, and activities may be required. Outcome measures may include crime and victimization indicators, quality of life measures, community perceptions, and police perceptions of their own work.
(c) Periodic review and reports
The Attorney General may require a grant recipient to submit to the Attorney General the results of the monitoring and evaluations required 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.)
42 U.S.C. § 3796dd–6 (THE PUBLIC HEALTH AND WELFARE)
§ 3796dd–6. Access to documents
(a) By Attorney General
The Attorney General shall have access for the purpose of audit and examination to any pertinent 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, businesses, and other entities that are involved in programs, projects, or activities for which assistance is provided under this subchapter.
(b) By Comptroller General
Subsection (a) shall apply with respect to audits and examinations conducted by the Comptroller General of the United States or by an authorized representative of the Comptroller General.
(Pub. L. 90–351, title I, § 1707, as added Pub. L. 103–322, title I, § 10003(a)(3), Sept. 13, 1994, 108 Stat. 1813.)
42 U.S.C. § 3796ee–4 (THE PUBLIC HEALTH AND WELFARE)
§ 3796ee–4. Guidelines
(a) In general
The Attorney General shall issue guidelines establishing procedures under which a State or specifically 1 qualified unit of local government that receives funds under section 3796ee–3 of this title is required to provide notice to the Attorney General regarding the proposed use of funds made available under this subchapter.
(b) Advisory board
(1) In general
The guidelines referred to in subsection (a) shall include a requirement that such eligible State or unit of local government establish and convene an advisory board to recommend a coordinated enforcement plan for the use of such funds.
(2) Membership
The board shall include representation from, if appropriate—
(A) the State or local police department;
(B) the local sheriff’s department;
(C) the State or local prosecutor’s office;
(D) the State or local juvenile court;
(E) the State or local probation office;
(F) the State or local educational agency;
(G) a State or local social service agency;
(H) a nonprofit, nongovernmental victim advocacy organization; and
(I) a nonprofit, religious, or community group.
(Pub. L. 90–351, title I, § 1804, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1865.)
heading: Prior Provisions
text: A prior section 3796ee–4, Pub. L. 90–351, title I, § 1805, as added Pub. L. 103–322, title II, § 20201(a)(3), Sept. 13, 1994, 108 Stat. 1821, related to allocation and distribution of funds, prior to the general amendment of this subchapter by Pub. L. 107–273.
A prior section 1804 of Pub. L. 90–351 was classified to section 3796ee–3 of this title prior to the general amendment of this subchapter by Pub. L. 107–273.
42 U.S.C. § 3796ee–5 (THE PUBLIC HEALTH AND WELFARE)
§ 3796ee–5. Payment requirements
(a) Timing of payments
The Attorney General shall pay to each State or specifically 1 qualified unit of local government that receives funds under section 3796ee–3 of this title that has submitted an application under this subchapter the amount awarded to such State or unit of local government not later than the later of—
(1) the date that is 180 days after the date that the amount is available; or
(2) the first day of the payment period if the State has provided the Attorney General with the assurances required by subsection (c).
(b) Repayment of unexpended amounts
(1) Repayment required
From amounts awarded under this subchapter, a State or specially qualified unit shall repay to the Attorney General, before the expiration of the 36-month period beginning on the date of the award, any amount that is not expended by such State or unit.
(2) Extension
The Attorney General may adopt policies and procedures providing for a one-time extension, by not more than 12 months, of the period referred to in paragraph (1).
(3) Penalty for failure to repay
If the amount required to be repaid is not repaid, the Attorney General shall reduce payment in future payment periods accordingly.
(4) Deposit of amounts repaid
Amounts received by the Attorney General as repayments under this subsection shall be deposited in a designated fund for future payments to States and specially qualified units.
(c) Administrative costs
A State or unit of local government that receives funds under this subchapter may use not more than 5 percent of such funds to pay for administrative costs.
(d) Nonsupplanting requirement
Funds made available under this subchapter to States and units of local government shall not be used to supplant State or local funds as the case may be, but shall be used to increase the amount of funds that would, in the absence of funds made available under this subchapter, be made available from State or local sources, as the case may be.
(e) Matching funds
(1) In general
The Federal share of a grant received under this subchapter may not exceed 90 percent of the total program costs.
(2) Construction of facilities
Notwithstanding paragraph (1), with respect to the cost of constructing juvenile detention or correctional facilities, the Federal share of a grant received under this subchapter may not exceed 50 percent of approved cost.
(Pub. L. 90–351, title I, § 1805, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1865.)
heading: Prior Provisions
text: A prior section 3796ee–5, Pub. L. 90–351, title I, § 1806, as added Pub. L. 103–322, title II, § 20201(a)(3), Sept. 13, 1994, 108 Stat. 1822, required each State and unit of local government to submit an annual evaluation of programs, prior to the general amendment of this subchapter by Pub.L. 107–273.
A prior section 1805 of Pub. L. 90–351 was classified to section 3796ee–4 of this title prior to the general amendment of this subchapter by Pub. L. 107–273.
42 U.S.C. § 3796ee–8 (THE PUBLIC HEALTH AND WELFARE)
§ 3796ee–8. Assessment reports
(a) Reports to Attorney General
(1) In general
Except as provided in paragraph (4), for each fiscal year for which a grant or subgrant is awarded under this subchapter, each State or specially qualified unit of local government that receives such a grant shall submit to the Attorney General a grant report, and each unit of local government that receives such a subgrant shall submit to the State a subgrant report, at such time and in such manner as the Attorney General may reasonably require.
(2) Grant report
Each grant report required by paragraph (1) shall include—
(A) a summary of the activities carried out with such grant;
(B) if such activities included any subgrant, a summary of the activities carried out with each such subgrant; and
(C) an assessment of the effectiveness of such activities on achieving the purposes of this subchapter.
(3) Subgrant report
Each subgrant report required by paragraph (1) shall include—
(A) a summary of the activities carried out with such subgrant; and
(B) an assessment of the effectiveness of such activities on achieving the purposes of this subchapter.
(4) Waivers
The Attorney General may waive the requirement of an assessment in paragraph (2)(C) for a State or specially qualified unit of local government, or in paragraph (3)(B) for a unit of local government, if the Attorney General determines that—
(A) the nature of the activities are such that assessing their effectiveness would not be practical or insightful;
(B) the amount of the grant or subgrant is such that carrying out the assessment would not be an effective use of those amounts; or
(C) the resources available to the State or unit are such that carrying out the assessment would pose a financial hardship on the State or unit.
(b) Reports to Congress
Not later than 120 days after the last day of each fiscal year for which 1 or more grants are awarded under this subchapter, the Attorney General shall submit to Congress a report, which shall include—
(1) a summary of the information provided under subsection (a);
(2) an assessment by the Attorney General of the grant program carried out under this subchapter; and
(3) such other information as the Attorney General considers appropriate.
(Pub. L. 90–351, title I, § 1808, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1867.)
42 U.S.C. § 3796ee–10 (THE PUBLIC HEALTH AND WELFARE)
§ 3796ee–10. Authorization of appropriations
(a) In general
There are authorized to be appropriated to carry out this subchapter, $350,000,000 for each of fiscal years 2006 through 2009.
(b) Oversight accountability and administration
(1) In general
Of the amount authorized to be appropriated under section 5665 of this title, there shall be available to the Attorney General, for each of the fiscal years 2002 through 2004 (as applicable), to remain available until expended—
(A) not more than 2 percent of that amount, for research, evaluation, and demonstration consistent with this subchapter;
(B) not more than 2 percent of that amount, for training and technical assistance; and
(C) not more than 1 percent, for administrative costs to carry out the purposes of this subchapter.
(2) Oversight plan
The Attorney General shall establish and execute an oversight plan for monitoring the activities of grant recipients.
(c) Tribal set-aside
Of the amounts appropriated under subsection (a), 2 percent shall be made available for programs that receive grants under section 3796ee–1 of this title.
(Pub. L. 90–351, title I, § 1810, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1868; amended Pub. L. 109–162, title XI, § 1166, Jan. 5, 2006, 119 Stat. 3121.)
heading: Amendments
text: 2006—Subsec. (a). Pub. L. 109–162 substituted “2006 through 2009” for “2002 through 2005”.
42 U.S.C. § 3796ff–3 (THE PUBLIC HEALTH AND WELFARE)
§ 3796ff–3. Allocation and distribution of funds
(a) Allocation
Of the total amount appropriated under this subchapter in any fiscal year—
(1) 0.4 percent shall be allocated to each of the participating States; and
(2) of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each of the participating States an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the State prison population of such State bears to the total prison population of all the participating States.
(b) Federal share
The Federal share of a grant made under this subchapter may not exceed 75 percent of the total costs of the projects described in the application submitted under section 3796ff–1 of this title for the fiscal year for which the projects receive assistance under this subchapter.
(c) Local allocation
At least 10 percent of the total amount made available to a State under subsection (a) for any fiscal year shall be used by the State to make grants to local correctional and detention facilities in the State (provided such facilities exist therein), for the purpose of assisting jail-based substance abuse treatment programs that are effective and science-based established by those local correctional facilities.
(d) Residential substance abuse treatment program defined
In this subchapter, the term “residential substance abuse treatment program” means a course of comprehensive individual and group substance abuse treatment services, lasting a period of at least 6 months, in residential treatment facilities set apart from the general population of a prison or jail (which may include the use of pharmacological treatment, where appropriate, that may extend beyond such period).
(Pub. L. 90–351, title I, § 1904, as added Pub. L. 103–322, title III, § 32101(a)(3), Sept. 13, 1994, 108 Stat. 1900; amended Pub. L. 107–273, div. B, title II, § 2102(3), Nov. 2, 2002, 116 Stat. 1792; Pub. L. 109–162, title XI, § 1144, Jan. 5, 2006, 119 Stat. 3111; Pub. L. 110–199, title I, § 102(b), Apr. 9, 2008, 122 Stat. 668.)
heading: Amendments
text: 2008—Subsec. (d). Pub. L. 110–199 amended subsec. (d) generally. Prior to amendment, subsec. (d) defined “residential substance abuse treatment program”.
2006—Subsec. (d). Pub. L. 109–162 added subsec. (d).
2002—Subsec. (c). Pub. L. 107–273 added subsec. (c).
heading: Effective Date of 2006 Amendment
text: Amendment by Pub. L. 109–162 effective Oct. 1, 2006, see section 1147 of Pub. L. 109–162, set out as a note under section 3796ff–1 of this title.
heading: Construction of 2008 Amendment
text: For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amendments, see section 17504 of this title.
42 U.S.C. § 3796gg–8 (THE PUBLIC HEALTH AND WELFARE)
§ 3796gg–8. Polygraph testing prohibition
(a) In general
In order to be eligible for grants under this subchapter, a State, Indian tribal government, territorial government, or unit of local government shall certify that, not later than 3 years after January 5, 2006, their laws, policies, or practices will ensure that no law enforcement officer, prosecuting officer or other government official shall ask or require an adult, youth, or child victim of an alleged sex offense as defined under Federal, tribal, State, territorial, or local law to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of such an offense.
(b) Prosecution
The refusal of a victim to submit to an examination described in subsection (a) shall not prevent the investigation, charging, or prosecution of the offense.
(Pub. L. 90–351, title I, § 2013, as added Pub. L. 109–162, title I, § 101(g), Jan. 5, 2006, 119 Stat. 2975.)
heading: Effective Date
text: Section not effective until the beginning of fiscal year 2007, see section 4 of Pub. L. 109–162, set out as an Effective Date of 2006 Amendment note under section 3793 of this title.