BUREAU OF JUSTICE ASSISTANCE AND UNIFIED GRANT PROGRAMS.

SEC. 6091. BUREAU OF JUSTICE ASSISTANCE AND UNIFIED GRANT PROGRAMS. (a) In General.—Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by striking parts D and E (42 U.S.C. 3741–3766) and inserting the following: “Part D—Establishment of Bureau of Justice Assistance “establishment of bureau of justice assistance“Sec. 401. (a) There is established within the Department of Justice, under the general authority of the Attorney General, a Bureau of Justice Assistance (hereafter in this part referred to as the ‘Bureau’). “(b) The Bureau shall be headed by a Director (hereafter in this part referred to as the ‘Director’) who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall report to the Attorney General through the Assistant Attorney General. The Director shall have final authority for all grants, cooperative agreements, and contracts awarded by the Bureau. The Director shall not engage in any employment other than that of serving as the Director, nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Bureau makes any contract or other arrangement under this title. “duties and functions of the director“Sec. 402. The Director shall have the following duties: “(1) Providing funds to eligible States, units of local government, and nonprofit organizations pursuant to part E. “(2) Establishing programs in accordance with subpart 2 of part E and, following public announcement of such programs, awarding and allocating funds and technical assistance in accordance with the criteria of subpart 2, and on terms and conditions determined by the Director to be consistent with subpart 2. “(3) Cooperating with and providing technical assistance to States, units of local government, and other public and private organizations or international agencies involved in criminal justice activities. “(4) Providing for the development of technical assistance and training programs for State and local criminal justice agencies and fostering local participation in such activities. “(5) Encouraging the targeting of State and local resources on efforts to reduce the incidence of drug abuse and crime and on programs relating to the apprehension and prosecution of drug offenders. 102 STAT. 4329 “(6) Establishing and carrying on a specific and continuing program of cooperation with the States and units of local government designed to encourage and promote consultation and coordination concerning decisions made by the Bureau affecting State and local drug control and criminal justice priorities. “(7) Preparing recommendations on the State and local drug enforcement component of the National Drug Control Strategy which shall be submitted to the Associate Director of the Office on National Drug Control Policy. In making such recommendations, the Director shall review the statewide strategies submitted by such States under part E, and shall obtain input from State and local drug enforcement officials. The recommendations made under this paragraph shall be provided at such time and in such form as the Director of National Drug Control Policy shall require. “(8) Exercising such other powers and functions as may be vested in the Director pursuant to this title or by delegation of the Attorney General or Assistant Attorney General. “Part E—Bureau of Justice Assistance Grant Programs “name of programs“Sec. 500. The grant programs established under this part shall be known as the ‘Edward Byrne Memorial State and Local Law Enforcement Assistance Programs’. “Subpart 1—Drug Control and System Improvement Grant Program “description of the drug control and system improvement grant program“Sec. 501. (a) It is the purpose of this subpart to assist States and units of local government in carrying out specific programs which offer a high probability of improving the functioning of the criminal justice system, with special emphasis on a nationwide and multilevel drug control strategy by developing programs and projects to assist multijurisdictional and multi-State organizations in the drug control problem and to support national drug control priorities. “(b) The Director of the Bureau of Justice Assistance (hereafter in this part referred to as the ‘Director’) is authorized to make grants to States, for the use by States and units of local government in the States, for the purpose of enforcing State and local laws that establish offenses similar to offenses established in the Controlled Substances Act (21 U.S.C. 801 et seq.) and to improve the functioning of the criminal justice system with emphasis on violent crime and serious offenders. Such grants shall provide additional personnel, equipment, training, technical assistance, and information systems for the more widespread apprehension, prosecution, adjudication, and detention and rehabilitation of persons who violate these laws, and to assist the victims of such crimes (other than compensation), including— “(1) demand reduction education programs in which law enforcement officers participate; 102 STAT. 4330 “(2) multijurisdictional task force programs that integrate Federal, State, and local drug law enforcement agencies and prosecutors for the purpose of enhancing interagency coordination, intelligence, and facilitating multijurisdictional investigations; “(3) programs designed to target the domestic sources of controlled and illegal substances, such as precursor chemicals, diverted pharmaceuticals, clandestine laboratories, and cannabis cultivations; “(4) providing community and neighborhood programs that assist citizens in preventing and controlling crime, including special programs that address the problems of crimes committed against the elderly and special programs for rural jurisdictions; “(5) disrupting illicit commerce in stolen goods and property; “(6) improving the investigation and prosecution of white-collar crime, organized crime, public corruption crimes, and fraud against the government with priority attention to cases involving drug-related official corruption; “(7)(A) improving the operational effectiveness of law enforcement through the use of crime analysis techniques, street sales enforcement, schoolyard violator programs, gang-related and low-income housing drug control programs; “(B) developing and implementing antiterrorism plans for deep draft ports, international airports, and other important facilities; “(8) career criminal prosecution programs including the development of proposed model drug control legislation; “(9) financial investigative programs that target the identification of money laundering operations and assets obtained through illegal drug trafficking, including the development of proposed model legislation, financial investigative training, and financial information sharing systems; “(10) improving the operational effectiveness of the court process through programs such as court delay reduction programs and enhancement programs; “(11) programs designed to provide additional public correctional resources and improve the corrections system, including treatment in prisons and jails, intensive supervision programs, and long-range corrections and sentencing strategies; “(12) providing prison industry projects designed to place inmates in a realistic working and training environment which will enable them to acquire marketable skills and to make financial payments for restitution to their victims, for support of their own families, and for support of themselves in the institution; “(13) providing programs which identify and meet the treatment needs of adult and juvenile drug-dependent and alcohol-dependent offenders; “(14) developing and implementing programs which provide assistance to jurors and witnesses, and assistance (other than compensation) to victims of crimes; “(15)(A) developing programs to improve drug control technology, such as pretrial drug testing programs, programs which provide for the identification, assessment, referral to treatment, case management and monitoring of drug dependent offenders, enhancement of State and local forensic laboratories, and 102 STAT. 4331 “(B) criminal and justice information systems to assist law enforcement, prosecution, courts, and corrections organization (including automated fingerprint identification systems); “(16) innovative programs that demonstrate new and different approaches to enforcement, prosecution, and adjudication of drug offenses and other serious crimes; “(17) improving the criminal and juvenile justice system’s response to domestic and family violence, including spouse abuse, child abuse, and abuse of the elderly; “(18) drug control evaluation programs which the State and local units of government may utilize to evaluate programs and projects directed at State drug control activities; “(19) providing alternatives to prevent detention, jail, and prison for persons who pose no danger to the community; and “(20) programs of which the primary goal is to strengthen urban enforcement and prosecution efforts targeted at street drug sales. “(c) Each program funded under this section shall contain an evaluation component, developed pursuant to guidelines established by the National Institute of Justice, in consultation with the Bureau of Justice Assistance. The Director of the Bureau of Justice Assistance may waive this requirement when in the opinion of the Director— “(1) the program is not of sufficient size to justify a full evaluation report; or “(2) the program is designed primarily to provide material resources and supplies, such as laboratory equipment, that would not justify a full evaluation report. “eligibility“Sec. 502. The Bureau is authorized to make financial assistance under this subpart available to a State to enable it to carry out all or a substantial part of a program or project submitted and approved in accordance with the provisions of this subpart. “state applications“Sec. 503. (a) To request a grant under this subpart, the chief executive officer of a State shall submit an application within 60 days after the Bureau has promulgated regulations under this section, and for each subsequent year, within 60 days after the date that appropriations for this part are enacted, in such form as the Director may require. Such application shall include the following: “(1) A statewide strategy for drug and violent crime control programs which improve the functioning of the criminal justice system, with an emphasis on drug trafficking, violent crime, and serious offenders. The strategy shall be prepared after consultation with State and local officials with emphasis on those whose duty it is to enforce drug and criminal laws and direct the administration of justice and shall contain— “(A) a definition and analysis of the drug and violent crime problem in the State, and an analysis of the problems in each of the counties and municipalities with major drug and violent crime problems; 102 STAT. 4332 “(B) an assessment of the criminal justice resources being devoted to crime and drug control programs at the time of the application; “(C) coordination requirements; “(D) resource needs; “(E) the establishment of statewide priorities for crime and drug control activities and programs; “(F) an analysis of the relationship of the proposed State efforts to the national drug control strategy; and “(G) a plan for coordinating the programs to be funded under this part with other federally funded programs, including State and local drug abuse education, treatment, and prevention programs. “(2) A certification that Federal funds made available under the formula grant of this subpart 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. “(3) A certification that funds required to pay the non-Federal portion of the cost of each program and project for which such grant is made shall be in addition to funds that would otherwise be made available for law enforcement by the recipients of grant funds. “(4) An assurance that the State application described in this section, and any amendment to such application, has been submitted for review to the State legislature or its designated body (for purposes of this section, such application or amendment shall be deemed to be reviewed if the State legislature or such body does not review such application or amendment within the 30-day period beginning on the date such application or amendment is so submitted). “(5) An assurance that the State application and any amendment thereto was made public before submission to the Bureau and, to the extent provided under State law or established procedure, an opportunity to comment thereon was provided to citizens and to neighborhood and community groups. “(6) An assurance that following the first fiscal year covered by an application and for each fiscal year thereafter, a performance evaluation and assessment report concerning the activities carried out pursuant to this section will be submitted to the Bureau. “(7) A provision for fund accounting, auditing, monitoring, and such evaluation procedures as may be necessary to keep such records that the Bureau shall prescribe to assure fiscal control, proper management, and efficient disbursement of funds reviewed under this section. “(8) An assurance that the applicant shall maintain such data and information and submit such reports in such form, at such times, and containing such data and information as the Bureau may reasonably require to administer other provisions of this subpart. “(9) A certification that its programs meet all the requirements of this section, that all the information contained in the application is correct, that there has been appropriate coordination with affected agencies, and that the applicant will comply with all provisions of this subpart and all other applicable Federal laws. Such certification shall be made in a form accept-102 STAT. 4333able to the Bureau and shall be executed by the chief executive or such other officer of the applicant qualified under regulations promulgated by the Office. “(10) A certification that the State is undertaking initiatives to reduce, through the enactment of innovative penalties or increasing law enforcement efforts, the demand for controlled substances by holding accountable those who unlawfully possess or use such substances. “(b) Within 30 days after the date of enactment of this part, the Director shall promulgate regulations to implement this section (including the information that must be included and the requirements that the States must meet) in submitting the applications required under this section. grant limitations“Sec. 504. (a) A grant made under this subpart may not— “(1) for fiscal year 1989 appropriations be expended for more than 75 per centum; and “(2) for any subsequent fiscal year appropriations be expended for more than 50 per centum; of the cost of the identified uses for which such grant is received to carry out any purpose specified in section 502, except that in the case of funds distributed to an Indian tribe which performs law enforcement functions (as determined by the Secretary of the Interior) for any such program or project, the amount of such grant shall be equal to 100 percent of such cost. The non-Federal portion of the expenditures for such uses shall be paid in cash. “(b) Not more than 10 percent of a grant made to an eligible State under section 506 may be used for costs incurred to administer such grant. “(c) States and units of local government or combinations thereof are authorized to use a grant made under section 506 for the expenses associated with participation in the State and Local Task Force Program established by the Drug Enforcement Administration. “(d) States and local units of government are authorized to use a grant made under section 506 for the expenses associated with conducting the evaluations required under section 501(c) of this part. “(e) The non-Federal portion of the cost of such program or project shall be in cash. State and local units of government may use cash received under the equitable sharing program to cover the non-Federal portion of the costs of programs funded under section 506. “(f) No funds may be awarded under this subpart to a grant recipient for a program or project for which funds have been awarded under this title for 4 years (in the aggregate), including any period occurring before the effective date of this subsection. review of state applications“Sec. 505. (a) The Bureau shall provide financial assistance to each State applicant under this subpart to carry out the programs or projects submitted by such applicant upon determining that— “(1) the application or amendment thereto is consistent with the requirements of this subpart; and “(2) before the approval of the application and any amendment thereto the Bureau has made an affirmative finding in 102 STAT. 4334 writing that the program or project has been reviewed in accordance with this subpart. “(b) Each application or amendment made and submitted for approval to the Bureau pursuant to section 503 shall be deemed approved, in whole or in part, by the Bureau not later than 45 days after first received unless the Bureau informs the applicant of specific reasons for disapproval. “(c) Grant funds awarded under this subpart shall not be used for land acquisition or construction projects, other than penal and correctional institutions. “(d) The Bureau shall not finally disapprove any application, or any amendment thereto, submitted to the Director under this section without first affording the applicant reasonable notice and opportunity for reconsideration. “allocation and distribution of funds under formula grants“Sec. 506. (a) Of the total amount appropriated for this part in any fiscal year, the amount remaining after setting aside the amount required to be reserved to carry out section 511 of this title shall be set aside for section 502 and allocated to States as follows: “(1) $500,000 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 State an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the population of such State bears to the population of all the States. “(b)(1) Each State which receives funds under subsection (a) of this section in a fiscal year shall distribute among units of local government, or combinations of units of local government, in such State for the purposes specified in section 501(b) that portion of such funds which bears the same ratio to the aggregate amount of such funds as the amount of funds expended by all units of local government for criminal justice in the preceding fiscal year bears to the aggregate amount of funds expended by the State and all units of local government in such State for criminal justice in such preceding fiscal year. “(2) In distributing funds received under this part among urban, rural, and suburban units of local government and combinations thereof, the State shall give priority to those jurisdictions with the greatest need. “(3) Any funds not distributed to units of local government under paragraph (2) shall be available for expenditure by the State involved. “(4) For purposes of determining the distribution of funds under paragraphs (1) and (2), the most accurate and complete data available for the fiscal year involved shall be used. If data for such fiscal year are not available, then the most accurate and complete data available for the most recent fiscal year preceding such fiscal year shall be used. “(c) No funds allocated to a State under subsection (a) or received by a State for distribution under subsections (b) and (c) may be distributed by the Director or by the State involved for any program other than a program contained in an approved application. “(d) If the Director determines, on the basis of information available during any fiscal year, that a portion of the funds allocated to a 102 STAT. 4335 State for that fiscal year will not be required or that a State will be unable to qualify or receive funds under section 502, or that a State chooses not to participate in the program established under such section, then such portion shall be awarded by the Director to urban, rural, and suburban units of local government or combinations thereof within such State giving priority to those jurisdictions with greatest need. “(e) Any funds allocated under subsection (a) or (e) that are not distributed under this section shall be available for obligation under subpart 2. “state office“Sec. 507. (a) The chief executive of each participating State shall designate a State office for purposes of— “(1) preparing an application to obtain funds under section 503; “(2) administering funds received under such section from the Director, including receipt, review, processing, monitoring, progress and financial report review, technical assistance, grant adjustments, accounting, auditing and fund disbursements; and “(3) coordinating the distribution of funds provided under this part with State agencies receiving Federal funds for drug abuse education, prevention, treatment, and research activities and programs. “(b) An office or agency performing other functions within the executive branch of a State may be designated to carry out the functions specified in subsection (a). “distribution of grants to local government“Sec. 508. (a) Each application made by a local unit of government, or a combination of units of local government, to a State for funds under this subchapter shall be deemed approved, in whole or in part, by the State not later than 45 days after first received unless the State informs the applicant in writing of specific reasons for disapproval. The State shall not finally disapprove any application submitted to the State without first affording the applicant reasonable notice and opportunity for reconsideration. “(b) Each State which receives funds under section 506 in a fiscal year shall make such funds available to local units of government, or combinations thereof, whose application has been submitted to, approved and awarded by the State, within 45 days after the Bureau has approved the State application and has made funds available to such State. The Director shall have the authority to waive the 45-day requirement in this section upon a finding that the State cannot satisfy that requirement consistent with State statutes. “Subpart 2—Discretionary Grants “purposes“Sec. 510. (a) The purpose of this subpart is to provide additional Federal financial assistance to public or private agencies and private nonprofit organizations for purposes of— “(1) undertaking educational and training programs for criminal justice personnel; 102 STAT. 4336 “(2) providing technical assistance to States and local units of government; “(3) undertaking projects which are national or multijurisdictional in scope and which address the purposes specified in section 502; and “(4) providing financial assistance to public agencies and private nonprofit organizations for demonstration programs which, in view of previous research or experience, are likely to be a success in more than one jurisdiction. “(b) In carrying out this subpart, the Director is authorized to make grants to, or enter into contracts with public or private agencies, institutions, or organizations or individuals to carry out any purpose specified in section 501(b). The Director shall have final authority over all funds awarded under this subpart. “allocation of funds for discretionary grants“Sec. 511. Of the total amount appropriated for this part in any fiscal year, 20 percent or $50,000,000, whichever is less, shall be reserved and set aside for this section in a special discretionary fund for use by the Director in carrying out the purposes specified in section 503. Grants under this section may be made for amounts up to 100 percent of the costs of the programs or projects contained in the approved application. “limitation on use of discretionary grant funds“Sec. 512. Grant funds awarded under section 511 shall not be used for land acquisition or construction projects. “application requirements“Sec. 513. (a) No grant may be made under this subpart unless an application has been submitted to the Director in which the applicant— “(1) sets forth a program or project which is eligible for funding pursuant to section 511; “(2) describes the services to be provided, performance goals, and the manner in which the program is to be carried out; “(3) describes the method to be used to evaluate the program or project in order to determine its impact and effectiveness in achieving the stated goals; and “(4) agrees to conduct such evaluation according to the procedures and terms established by the Bureau. “(b) Each applicant for funds under this subpart shall certify that its program or project meets all the requirements of this section, that all the information contained in the application is correct, and that the applicant will comply with all the provisions of this subpart and all other applicable Federal laws. Such certification shall be made in a form acceptable to the Director. “period of award“Sec. 514. The Bureau may provide financial aid and assistance to programs or projects under this subpart for a period of not to exceed 4 years. Grants made pursuant to this subpart may be extended or renewed by the Bureau for an additional period of up to 2 years if— 102 STAT. 4337 “(1) an evaluation of the program or project indicates that it has been effective in achieving the stated goals or offers the potential for improving the functioning of the criminal justice system; and “(2) the public agency or private nonprofit organization within which the program or project has been conducted agrees to provide at least one-half of the total cost of such program or project from any source of funds, including Federal grants, available to the eligible jurisdiction. “Subpart 3—Administrative Provisions “evaluation“Sec. 520. (a) To increase the efficiency and effectiveness of programs funded under this part, the National Institute of Justice shall— “(1) develop guidelines, in cooperation with the Bureau of Justice Assistance, to assist State and local units of government to conduct the program evaluations as required by section 501(c) of this part; and “(2) conduct a reasonable number of comprehensive evaluations of programs funded under section 506 (formula grants) and section 511 (discretionary grants) of this part. “(b) In selecting programs for review, the Director of the National Institute of Justice should consider— “(1) whether the program establishes or demonstrates a new and innovative approach to drug or crime control; “(2) the cost of the program to be evaluated and the number of similar programs funded under section 506 (formula grants) and section 511 (discretionary grants); “(3) whether the program has a high potential to be replicated in other jurisdictions; and “(4) whether there is substantial public awareness and community involvement in the program. Routine auditing, monitoring, and internal assessment of a State and local drug control program’s progress shall be the sole responsibility of the Bureau of Justice Assistance. “(c) The Director of the National Institute of Justice shall annually report to the President, the Attorney General, and the Congress on the nature and findings of the evaluation and research and development activities funded under this section. “general provisions“Sec. 521. (a) The Bureau shall prepare both a ‘Program Brief’ and ‘Implementation Guide’ document for proven programs and projects to be funded under this part. “(b) The functions, powers, and duties specified in this part to be carried out by the Bureau shall not be transferred elsewhere in the Department of Justice unless specifically hereafter authorized by the Congress by law. “reports“Sec. 522. (a) Each State which receives a grant under section 506 shall submit to the Director, for each year in which any part of such 102 STAT. 4338 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 State strategy submitted under section 503; “(2) a summary of the activities carried out in such year with any grant received under subpart 2 by such State; “(3) the evaluation result of programs and projects; “(4) an explanation of how the Federal funds provided under this part were coordinated with State agencies receiving Federal funds for drug abuse education, prevention, treatment, and research activities; and “(5) 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 180 days after the end of each fiscal year for which grants are made under this part, 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 subpart 1 and subpart 2 to such State for such fiscal year; “(2) the amount of such grants awarded for each of the purposes specified in subpart 1; “(3) a summary of the information provided in compliance with paragraphs (1) and (2) of subsection (a); “(4) an explanation of how Federal funds provided under this part have been coordinated with Federal funds provided to States for drug abuse education, prevention, treatment, and research activities; and “(5) evaluation results of programs and projects and State strategy implementation.”. (b) Amendment to Table of Contents.—The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by striking the items relating to parts D and E and inserting the following: “Part D—Establishment of Bureau of Justice Assistance “Sec. 401. Establishment of Bureau of Justice Assistance. “Sec. 402. Duties and functions of the Director. “Part E—Bureau of Justice Assistance Grant Programs “Sec. 500. Name of programs. “subpart 1—drug control and system improvement grant program “Sec. 501. Description of the Drug Control and System Improvement Grant program. “Sec. 502. Eligibility. “Sec. 503. State applications. “Sec. 504. Grant limitations. “Sec. 505. Review of State applications. “Sec. 506. Allocation and distribution of funds under formula grants. “Sec. 507. State office. “Sec. 508. Distribution of grants to local government. “subpart 2—discretionary grants “Sec. 510. Purpose. “Sec. 511. Allocation of funds for discretionary grants. “Sec. 512. Limitation on use of discretionary grant funds. 102 STAT. 4339 “Sec. 513. Application requirements. “Sec. 514. Period of award. “subpart 3—administrative provisions “Sec. 520. Evaluation. “Sec. 521. General provisions. “Sec. 522. Reports.”.