USC Subchapter IX

USC Subchapter IX
in effect

34 U.S.C. § 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,11 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 22 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) 33 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 44 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; (C) $50,000,000 for fiscal year 1998; (D) $60,000,000 for fiscal year 1999; and (E) $66,000,000 for fiscal year 2000. (10) There are 55 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) 66 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; (C) $30,000,000 for fiscal year 1998; (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; (C) $63,000,000 for fiscal year 1998; (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) 77 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; (C) $134,733,000 for fiscal year 2003; (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.

34 U.S.C. § 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.

34 U.S.C. § 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 requirementBeginning in fiscal year 2016, and each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this Act to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. (2) Mandatory exclusionA recipient of grant funds under this Act that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this Act during the 2 fiscal years beginning after the 12-month period described in paragraph (5). (3) PriorityIn awarding grants under this Act, the Attorney General shall give priority to eligible entities that, during the 3 fiscal years before submitting an application for a grant under this Act, did not have an unresolved audit finding showing a violation in the terms or conditions of a Department of Justice grant program. (4) ReimbursementIf 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 termIn this section, the term “unresolved audit finding” means an audit report finding in the final audit report of the Inspector General of the Department of Justice that the grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within a 12-month period beginning on the date when the final audit report is issued. (6) Nonprofit organization requirements(A) DefinitionFor purposes of this section and the grant programs described in this Act, the term “nonprofit organization” means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title. (B) ProhibitionThe Attorney General shall not award a grant under any grant program described in this Act to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of title 26. (C) DisclosureEach nonprofit organization that is awarded a grant under a grant program described in this Act and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information disclosed under this subsection available for public inspection. (7) Administrative expensesUnless otherwise explicitly provided in authorizing legislation, not more than 7.5 percent of the amounts authorized to be appropriated under this Act may be used by the Attorney General for salaries and administrative expenses of the Department of Justice. (8) Conference expenditures(A) LimitationNo amounts authorized to be appropriated to the Department of Justice under this Act may be used by the Attorney General or by any individual or organization awarded discretionary funds through a cooperative agreement under this Act, to host or support any expenditure for conferences that uses more than $20,000 in Department funds, unless the Deputy Attorney General or the appropriate Assistant Attorney General, Director, or principal deputy as the Deputy Attorney General may designate, provides prior written authorization that the funds may be expended to host a conference. (B) Written approvalWritten approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audio/visual equipment, honoraria for speakers, and any entertainment. (C) ReportThe Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all conference expenditures approved by operation of this paragraph. (9) Prohibition on lobbying activity(A) In generalAmounts 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) PenaltyIf 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 generalBefore the Attorney General awards a grant to an applicant under this Act, the Attorney General shall compare potential grant awards with other grants awarded under this Act to determine whether duplicate grants are awarded for the same purpose. (B) ReportIf 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.

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