34 USC 10263 - Oversight and accountability

Collapse to view only § 10263. Oversight and accountability

§ 10261. Authorization of appropriations
§ 10262. State and local governments to consider courts
§ 10263. Oversight and accountability

§ 10261. Authorization of appropriations

(a)

(1) There is authorized to be appropriated $30,000,000 for fiscal year 1992 and $33,000,000 for each of the fiscal years 1994 and 1995 to carry out the functions of the Bureau of Justice Statistics.

(2) There is authorized to be appropriated $30,000,000 for fiscal year 1992 and $33,000,000 for each of the fiscal years 1994 and 1995 to carry out the functions of the National Institute of Justice.

(3) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992 and $28,000,000 for each of the fiscal years 1994 and 1995 to carry out the remaining functions of the Office of Justice Programs and the Bureau of Justice Assistance other than functions under subchapters IV, V, part F,1

1 See References in Text note below.

subchapters VI, XI, XII, XIII, XIV, XV, XVI, XVII, XVIII, XIX, XX, part V,1 subchapters XXII, and XXIII or 2

2 So in original.

XXX.

(4) There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out subchapter XI of this chapter.

(5) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992 and $1,000,000,000 for each of the fiscal years 1994 and 1995 to carry out the programs under subchapters IV and V (other than subpart 2 of part B) 3

3 So in original. Phrase “(other than subpart 2 of part B)” probably should not appear.

(other than subpart 1 of part B of subchapter V) of this chapter.

(6) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992, $245,000,000 for fiscal year 1993, and such sums as may be necessary for fiscal year 4

4 So in original. Probably should be “years”.

1994 and 1995 to carry out subpart 1 of part B of subchapter V of this chapter.

(7) There is authorized to be appropriated to carry out subchapter XIII $1,000,000 for each of fiscal years 2001 through 2005.

(8) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992, $16,500,000 for fiscal year 1993, and such sums as may be necessary for fiscal year 4 1994 and 1995.

(9) There are authorized to be appropriated to carry out subchapter XIV—

(A) $24,000,000 for fiscal year 1996;

(B) $40,000,000 for fiscal year 1997;

(D) $60,000,000 for fiscal year 1999; and

(E) $66,000,000 for fiscal year 2000.

(10) There are 5

5 So in original. Probably should be “is”.

authorized to be appropriated $10,000,000 for each of the fiscal years 1994, 1995, and 1996 to carry out projects under subchapter XV.

(11)

(A) There are authorized to be appropriated to carry out subchapter XVI, to remain available until expended $1,047,119,000 for each of fiscal years 2006 through 2009.

(B) Of funds available under subchapter XVI in any fiscal year, up to 3 percent may be used for technical assistance under section 10381(d) of this title or for evaluations or studies carried out or commissioned by the Attorney General in furtherance of the purposes of subchapter XVI. Of the remaining funds, 50 percent shall be allocated for grants pursuant to applications submitted by units of local government or law enforcement agencies having jurisdiction over areas with populations exceeding 150,000 or by public and private entities that serve areas with populations exceeding 150,000, and 50 percent shall be allocated for grants pursuant to applications submitted by units of local government or law enforcement agencies having jurisdiction over areas with populations 150,000 or less or by public and private entities that serve areas with populations 150,000 or less. In view of the extraordinary need for law enforcement assistance in Indian country, an appropriate amount of funds available under subchapter XVI shall be made available for grants to Indian tribal governments or tribal law enforcement agencies.

(16)6

6 So in original. No pars. (12) to (15) have been enacted.

There are authorized to be appropriated to carry out projects under subchapter XVII—

(A) $20,000,000 for fiscal year 1996;

(B) $25,000,000 for fiscal year 1997;

(D) $35,000,000 for fiscal year 1999; and

(E) $40,000,000 for fiscal year 2000.

(17) There are authorized to be appropriated to carry out the projects under subchapter XVIII—

(A) $27,000,000 for fiscal year 1996;

(B) $36,000,000 for fiscal year 1997;

(D) $72,000,000 for fiscal year 1999; and

(E) $72,000,000 for fiscal year 2000.

(18) There is authorized to be appropriated to carry out subchapter XIX $222,000,000 for each of fiscal years 2023 through 2027.

(19) There is authorized to be appropriated to carry out subchapter XX $73,000,000 for each of fiscal years 2023 through 2027. Funds appropriated under this paragraph shall remain available until expended.

(20) There are authorized to be appropriated to carry out part V,1 $10,000,000 for each of fiscal years 2001 through 2004.

(21) There are authorized to be appropriated to carry out subchapter XXII, $7,500,000 for each of fiscal years 2020 through 2024.

(22) There are authorized to be appropriated to carry out subchapter XXIII—

(1)7

7 Numbering so in original.

$1,000,000 for fiscal year 1996;

(2)7 $3,000,000 for fiscal year 1997;

(3)7 $5,000,000 for fiscal year 1998;

(4)7 $13,500,000 for fiscal year 1999; and

(5)7 $17,500,000 for fiscal year 2000.

(23) There is authorized to be appropriated to carry out subchapter XXIV, $30,000,000 for fiscal year 2020, and each fiscal year thereafter.

(24) There are authorized to be appropriated to carry out subchapter XXVII, to remain available until expended—

(A) $35,000,000 for fiscal year 2001;

(B) $85,400,000 for fiscal year 2002;

(D) $128,067,000 for fiscal year 2004;

(E) $56,733,000 for fiscal year 2005;

(F) $42,067,000 for fiscal year 2006;

(G) $20,000,000 for fiscal year 2007;

(H) $20,000,000 for fiscal year 2008;

(I) $20,000,000 for fiscal year 2009; and

(J) $13,500,000 for fiscal year 2017;

(K) $18,500,000 for fiscal year 2018;

(L) $19,000,000 for fiscal year 2019;

(M) $21,000,000 for fiscal year 2020; and

(N) $23,000,000 for fiscal year 2021.

(25)

(A) Except as provided in subparagraph (C), there is authorized to be appropriated to carry out subchapter XXX $75,000,000 for each of fiscal years 2018 through 2023.

(B) The Attorney General shall reserve not less than 1 percent and not more than 4.5 percent of the sums appropriated for this program in each fiscal year for research and evaluation of this program.

(C) No funds made available to carry out subchapter XXX shall be expended if the Attorney General fails to submit the report required to be submitted under section 2401(c) of title II of Division B of the 21st Century Department of Justice Appropriations Authorization Act.1

(26) There are authorized to be appropriated to carry out subchapter XXVIII $10,000,000 for each of fiscal years 2009 and 2010.

(27) There are authorized to be appropriated to carry out subchapter XXXVIII $103,000,000 for each of fiscal years 2017 and 2018, and $330,000,000 for each of fiscal years 2019 through 2023.

(28) There are authorized to be appropriated to carry out section 10741(a)(4) 1 of subchapter XL $5,000,000 for each of fiscal years 2019, 2020, 2021, 2022, and 2023.

(b) Funds appropriated for any fiscal year may remain available for obligation until expended.

(c) Notwithstanding any other provision of law, no funds appropriated under this section for subchapter V of this chapter may be transferred or reprogrammed for carrying out any activity which is not authorized under such subchapter.

(Pub. L. 90–351, title I, § 1001, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1218; amended Pub. L. 98–473, title II, § 609D(a), Oct. 12, 1984, 98 Stat. 2097; Pub. L. 99–570, title I, § 1552(c), Oct. 27, 1986, 100 Stat. 3207–46; Pub. L. 100–690, title VI, § 6093, Nov. 18, 1988, 102 Stat. 4339; Pub. L. 101–647, title II, § 241(c), title VIII, § 801(b), title XVIII, § 1801(e), title XXVIII, § 2801, Nov. 29, 1990, 104 Stat. 4814, 4826, 4849, 4912; Pub. L. 102–521, § 4(c), Oct. 25, 1992, 106 Stat. 3406; Pub. L. 102–534, § 1, Oct. 27, 1992, 106 Stat. 3524; Pub. L. 103–322, title I, § 10003(c), title II, § 20201(d), title III, § 32101(d), title IV, §§ 40121(c), 40156(c)(1), 40231(c), title V, § 50001(c), title XVIII, § 180101(a), title XXI, §§ 210201(c), 210302(c)(3), 210601, title XXXIII, § 330001(b)(3), (h)(14), Sept. 13, 1994, 108 Stat. 1814, 1823, 1901, 1916, 1923, 1934, 1958, 2045, 2064, 2068, 2073, 2138, 2140; Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(b)(1)(B)(i)], Apr. 26, 1996, 110 Stat. 1321, 1321–21; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 105–181, § 3(b), June 16, 1998, 112 Stat. 515; Pub. L. 106–386, div. B, title I, §§ 1103(a), 1104, title III, § 1302(c), Oct. 28, 2000, 114 Stat. 1495, 1497, 1511; Pub. L. 106–515, § 3(c), Nov. 13, 2000, 114 Stat. 2403; Pub. L. 106–517, § 3(f), Nov. 13, 2000, 114 Stat. 2409; Pub. L. 106–561, § 2(c)(2)(A), Dec. 21, 2000, 114 Stat. 2791; Pub. L. 107–273, div. B, title II, § 2302, Nov. 2, 2002, 116 Stat. 1798; Pub. L. 108–372, § 4, Oct. 25, 2004, 118 Stat. 1755; Pub. L. 108–405, title III, § 311(c), (d), Oct. 30, 2004, 118 Stat. 2277; Pub. L. 109–162, title I, §§ 101(a), 102(a), title XI, §§ 1116, 1142(b), 1163(c), Jan. 5, 2006, 119 Stat. 2972, 2975, 3104, 3110, 3120; Pub. L. 109–177, title VII, § 752, Mar. 9, 2006, 120 Stat. 273; Pub. L. 110–199, title I, § 112(b), Apr. 9, 2008, 122 Stat. 674; Pub. L. 110–421, § 2, Oct. 15, 2008, 122 Stat. 4778; Pub. L. 113–4, title I, §§ 101(1), 102(b), Mar. 7, 2013, 127 Stat. 64, 73; Pub. L. 114–155, § 2, May 16, 2016, 130 Stat. 389; Pub. L. 114–198, title II, § 201(a)(2), July 22, 2016, 130 Stat. 714; Pub. L. 114–324, § 9(b), Dec. 16, 2016, 130 Stat. 1955; Pub. L. 115–271, title VIII, §§ 8092, 8206, Oct. 24, 2018, 132 Stat. 4103, 4113; Pub. L. 115–391, title V, § 502(c)(3), Dec. 21, 2018, 132 Stat. 5229; Pub. L. 116–18, § 1(a), May 23, 2019, 133 Stat. 869; Pub. L. 116–32, § 3, July 25, 2019, 133 Stat. 1037; Pub. L. 117–103, div. W, title I, §§ 101(b), 102(c), Mar. 15, 2022, 136 Stat. 848, 850.)

§ 10262. State and local governments to consider courts

The Attorney General may require, as appropriate, that whenever a State or unit of local government or Indian tribe applies for a grant from the Department of Justice, the State, unit, or tribe demonstrate that, in developing the application and distributing funds, the State, unit, or tribe—

(1) considered the needs of the judicial branch of the State, unit, or tribe, as the case may be;

(2) consulted with the chief judicial officer of the highest court of the State, unit, or tribe, as the case may be; and

(3) consulted with the chief law enforcement officer of the law enforcement agency responsible for the security needs of the judicial branch of the State, unit, or tribe, as the case may be.

(Pub. L. 110–177, title III, § 302(c), Jan. 7, 2008, 121 Stat. 2539.)

§ 10263. Oversight and accountability

All grants awarded by the Department of Justice that are authorized under this Act shall be subject to the following:

(1) Audit requirement

(2) Mandatory exclusion

(3) Priority

(4) Reimbursement

If an entity is awarded grant funds under this Act during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Attorney General shall—

(A) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and

(B) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.

(5) Defined term

(6) Nonprofit organization requirements

(A) Definition

(B) Prohibition

(7) Administrative expenses

(8) Conference expenditures

(A) Limitation

(B) Written approval

(9) Prohibition on lobbying activity

(A) In general

Amounts authorized to be appropriated under this Act may not be utilized by any grant recipient to—

(i) lobby any representative of the Department of Justice regarding the award of grant funding; or

(ii) lobby any representative of a Federal, State, local, or tribal government regarding the award of grant funding.

(B) Penalty

If the Attorney General determines that any recipient of a grant under this Act has violated subparagraph (A), the Attorney General shall—

(i) require the grant recipient to repay the grant in full; and

(ii) prohibit the grant recipient from receiving another grant under this Act for not less than 5 years.

(10) Preventing duplicative grants

(A) In general

(B) Report

If the Attorney General awards duplicate grants to the same applicant for the same purpose, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes—

(i) a list of all duplicate grants awarded, including the total dollar amount of any duplicate grants awarded; and

(ii) the reason the Attorney General awarded the duplicate grants.

(Pub. L. 114–324, § 15, Dec. 16, 2016, 130 Stat. 1959.)