34 U.S.C. § 10153

Applications

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(a) 11 So in original. Probably should be “(a)”. In generalTo request a grant under this part, the chief executive officer of a State or unit of local government shall submit an application to the Attorney General within 120 days after the date on which funds to carry out this part are appropriated for a fiscal year, in such form as the Attorney General may require. Such application shall include the following:(1) A certification that Federal funds made available under this part will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities.(2) An assurance that, not fewer than 30 days before the application (or any amendment to the application) was submitted to the Attorney General, the application (or amendment) was submitted for review to the governing body of the State or unit of local government (or to an organization designated by that governing body).(3) An assurance that, before the application (or any amendment to the application) was submitted to the Attorney General—(A) the application (or amendment) was made public; and(B) an opportunity to comment on the application (or amendment) was provided to citizens and to neighborhood or community-based organizations, to the extent applicable law or established procedure makes such an opportunity available.(4) An assurance that, for each fiscal year covered by an application, the applicant shall maintain and report such data, records, and information (programmatic and financial) as the Attorney General may reasonably require.(5) A certification, made in a form acceptable to the Attorney General and executed by the chief executive officer of the applicant (or by another officer of the applicant, if qualified under regulations promulgated by the Attorney General), that—(A) the programs to be funded by the grant meet all the requirements of this part;(B) all the information contained in the application is correct;(C) there has been appropriate coordination with affected agencies; and(D) the applicant will comply with all provisions of this part and all other applicable Federal laws.(6) A comprehensive Statewide plan detailing how grants received under this section will be used to improve the administration of the criminal justice system, which shall—(A) be designed in consultation with local governments, and representatives of all segments of the criminal justice system, including judges, prosecutors, law enforcement personnel, corrections personnel, and providers of indigent defense services, victim services, juvenile justice delinquency prevention programs, community corrections, and reentry services;(B) include a description of how the State will allocate funding within and among each of the uses described in subparagraphs (A) through (G) of section 10152(a)(1) of this title;(C) describe the process used by the State for gathering evidence-based data and developing and using evidence-based and evidence-gathering approaches in support of funding decisions;(D) describe the barriers at the State and local level for accessing data and implementing evidence-based approaches to preventing and reducing crime and recidivism; and(E) be updated every 5 years, with annual progress reports that—(i) address changing circumstances in the State, if any;(ii) describe how the State plans to adjust funding within and among each of the uses described in subparagraphs (A) through (G) of section 10152(a)(1) of this title;(iii) provide an ongoing assessment of need;(iv) discuss the accomplishment of goals identified in any plan previously prepared under this paragraph; and(v) reflect how the plan influenced funding decisions in the previous year.(b) Technical assistance(1) Strategic planning

Not later than 90 days after December 16, 2016, the Attorney General shall begin to provide technical assistance to States and local governments requesting support to develop and implement the strategic plan required under subsection (a)(6). The Attorney General may enter into agreements with 1 or more non-governmental organizations to provide technical assistance and training under this paragraph.

(2) Protection of constitutional rightsNot later than 90 days after December 16, 2016, the Attorney General shall begin to provide technical assistance to States and local governments, including any agent thereof with responsibility for administration of justice, requesting support to meet the obligations established by the Sixth Amendment to the Constitution of the United States, which shall include—(A) public dissemination of practices, structures, or models for the administration of justice consistent with the requirements of the Sixth Amendment; and(B) assistance with adopting and implementing a system for the administration of justice consistent with the requirements of the Sixth Amendment.(3) Authorization of appropriations

For each of fiscal years 2017 through 2021, of the amounts appropriated to carry out this subpart, not less than $5,000,000 and not more than $10,000,000 shall be used to carry out this subsection.

(Pub. L. 90–351, title I, § 502, as added Pub. L. 109–162, title XI, § 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3096; amended Pub. L. 109–271, § 8(i), Aug. 12, 2006, 120 Stat. 767; Pub. L. 114–324, § 14(b), Dec. 16, 2016, 130 Stat. 1958.)Editorial NotesCodification

Section was formerly classified to section 3752 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 502 of title I of Pub. L. 90–351, as added Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4331, related to eligibility of a State for financial assistance, prior to repeal by Pub. L. 109–162, title XI, § 1111(a)(1), (d), Jan. 5, 2006, 119 Stat. 3094, 3102, applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter.

Another prior section 502 of title I of Pub. L. 90–351, formerly § 602, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1195; renumbered § 502 and amended Pub. L. 98–473, title II, § 608(a), Oct. 12, 1984, 98 Stat. 2086, related to percentage of appropriation for discretionary grant program, prior to repeal by Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4328.

Another prior section 502 of title I of Pub. L. 90–351, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1192, prescribed percentage of appropriation for national priority grant program, prior to repeal by Pub. L. 98–473, title II, § 607, Oct. 12, 1984, 98 Stat. 2086.

Another prior section 502 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 205; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 211, made provision for delegation of functions of Law Enforcement Assistance Administration to other officers of Department of Justice, prior to the general amendment of title I of Pub. L. 90–351 by Pub. L. 96–157.

Amendments

2016—Pub. L. 114–324 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Subsec. (a)(6). Pub. L. 114–324, § 14(b)(2), added par. (6).

2006—Pub. L. 109–271 substituted “120 days” for “90 days” in introductory provisions.

Statutory Notes and Related SubsidiariesEffective Date

Section applicable with respect 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 an Effective Date of 2006 Amendment note under section 10151 of this title.

Applicability of 2016 Amendment

Pub. L. 114–324, § 14(c), Dec. 16, 2016, 130 Stat. 1959, provided that: “The requirement to submit a strategic plan under section 501(a)(6) [probably should be “502(a)(6)”] of title I of the Omnibus Crime Control and Safe Streets Act of 1968 [34 U.S.C. 10153(a)(6)], as added by subsection (b), shall apply to any application submitted under such section 501 [502] for a grant for any fiscal year beginning after the date that is 1 year after the date of enactment of this Act [Dec. 16, 2016].”

Active-Shooter Training for Law Enforcement

Pub. L. 114–255, div. B, title XIV, § 14011, Dec. 13, 2016, 130 Stat. 1297, provided that: “The Attorney General, as part of the Preventing Violence Against Law Enforcement and Ensuring Officer Resilience and Survivability Initiative (VALOR) of the Department of Justice, may provide safety training and technical assistance to local law enforcement agencies, including active-shooter response training.”

Notes of Decisions

Cited in 27 cases (3 in the last 5 years), 2017–2022 · leading case: City of Philadelphia v. Sessions

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City of Philadelphia v. Sessions (2017) paed · cites it 12× “See 34 U.S.C. § 10153 . The Attorney General contends that this separate source of authority independently supports the Section 1373 Certification Condition: To request a grant under this part, the chief executive officer of a State or unit of local government shall submit an…”

State v. U.S. Dep't of Justice (2018) ilsd · cites it 10× “§ 10102 (a)(6) and 34 U.S.C. § 10153 (a)(5)(D). i. 34 U.S.C.”

City of Providence v. US Department of Justice (2020) ca1 · cites it 6× “See 34 U.S.C. § 10153 (a)(5)(D) (requiring applicants to certify that they "will comply with .”

City of Philadelphia v. Attorney General United States (2019) ca3 · cites it 4× “All Other Applicable Federal Laws The Attorney General next argues that the Certification Condition is authorized by 34 U.S.C. § 10153 (a)(5)(D). This section of the Byrne JAG statute requires applicants to certify that they "will comply with all provisions of this part and all…”

City of Chicago v. Sessions (2017) ilnd · cites it 5× “The Attorney General is authorized to: determine the “form” of the application, 34 U.S.C. § 10153 (a); “reasonably require” “the applicant [to] maintain and report .”

City & Cnty. of S.F. v. Sessions (2018) cand · cites it 4× “Specifically, 34 U.S.C. § 10153 (a)(5)(D) states: (a) In general.”

City of Chi. v. Sessions (2018) illinoised · cites it 3× “) The City of Chicago and its neighboring localities have received Byrne JAG funds every year since 2005. In 2016, Chicago used those funds to buy police vehicles and to support the efforts of non-profit organizations working in its high crime communities.”

City of Los Angeles v. William Barr (2019) ca9 · cites it 3× “See 34 U.S.C. § 10153 (a)(4), (5). First, the panel held that because the Department of 4 CITY OF LOS ANGELES V.”

City of Phila. v. Sessions (2018) paed · cites it 6× “" 34 U.S.C. § 10153 (a)(5)(D) (emphasis added).”

City of S.F. v. Sessions (2019) cand · cites it 4× “It found that 34 U.S.C. § 10153 (a), the provision providing the Attorney General with authority over the "form" of the *938 application, did not indicate authority to add civil immigration conditions.”

City & County of San Francisco v. William Barr (2020) ca9 · cites it 5× “To receive and draw upon a Byrne award, a state or local government must submit an application that complies with the statutory requirements outlined in 34 U.S.C. § 10153 , in a form set forth in annual solicitation documents that DOJ provides and in accordance with all lawful…”

State of New York v. U.S. Dep't of Justice (2020) ca2 · cites it 4× “9 The opinion of the First Circuit that Judge Pooler praises for its “apt[] observ[ations]” arguably deserves no direct response, being more notable for its tone than for its persuasive reasoning.”

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— 34 U.S.C. § 10153(a)(5)(D) — 1 case

State of New York v. U.S. Dep't of Justice (2020) ca2 “9 The opinion of the First Circuit that Judge Pooler praises for its “apt[] observ[ations]” arguably deserves no direct response, being more notable for its tone than for its persuasive reasoning.”

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