
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13753]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
 
                     SUBCHAPTER II--CRIME PREVENTION
 
           Part B--Local Crime Prevention Block Grant Program
 
Sec. 13753. Qualification for payment


(a) In general

    The Attorney General shall issue regulations establishing procedures 
under which eligible units of general local government are required to 
provide notice to the Attorney General of the units' proposed use of 
assistance under this part.

(b) General requirements for qualification

    A unit of general local government qualifies for a payment under 
this part for a payment period only after establishing to the 
satisfaction of the Attorney General that--
        (1) the government will establish a trust fund in which the 
    government will deposit all payments received under this part;
        (2) the government will use amounts in the trust fund (including 
    interest) during a reasonable period;
        (3) the government will expend the payments so received, in 
    accordance with the laws and procedures that are applicable to the 
    expenditure of revenues of the government;
        (4) if at least 25 percent of the pay of individuals employed by 
    the government in a public employee occupation is paid out of the 
    trust fund, individuals in the occupation any part of whose pay is 
    paid out of the trust fund will receive pay at least equal to the 
    prevailing rate of pay for individuals employed in similar public 
    employee occupations by the government;
        (5) the government will use accounting, audit, and fiscal 
    procedures that conform to guidelines which shall be prescribed by 
    the Attorney General. As applicable, amounts received under this 
    part shall be audited in compliance with the Single Audit Act of 
    1984 [31 U.S.C. 7501 et seq.];
        (6) after reasonable notice to the government, the government 
    will make available to the Attorney General and the Comptroller 
    General of the United States, with the right to inspect, records the 
    Attorney General reasonably requires to review compliance with this 
    part or the Comptroller General of the United States reasonably 
    requires to review compliance and operations;
        (7) the government will make reports the Attorney General 
    reasonably requires, in addition to the annual reports required 
    under this part; and
        (8) the government will spend the funds only for the purposes 
    set forth in section 13751(a)(2) of this title.

(c) Review by Governors

    A unit of general local government shall give the chief executive 
officer of the State in which the government is located an opportunity 
for review and comment before establishing compliance with subsection 
(d) of this section.

(d) Sanctions for noncompliance

                           (1) In general

        If the Attorney General decides that a unit of general local 
    government has not complied substantially with subsection (b) of 
    this section or regulations prescribed under subsection (b) of this 
    section, the Attorney General shall notify the government. The 
    notice shall state that if the government does not take corrective 
    action by the 60th day after the date the government receives the 
    notice, the Attorney General will withhold additional payments to 
    the government for the current payment period and later payment 
    periods until the Attorney General is satisfied that the 
    government--
            (A) has taken the appropriate corrective action; and
            (B) will comply with subsection (b) of this section and 
        regulations prescribed under subsection (b) of this section.

                             (2) Notice

        Before giving notice under paragraph (1), the Attorney General 
    shall give the chief executive officer of the unit of general local 
    government reasonable notice and an opportunity for comment.

                       (3) Payment conditions

        The Attorney General may make a payment to a unit of general 
    local government notified under paragraph (1) only if the Attorney 
    General is satisfied that the government--
            (A) has taken the appropriate corrective action; and
            (B) will comply with subsection (b) of this section and 
        regulations prescribed under subsection (b) of this section.

(Pub. L. 103-322, title III, Sec. 30203, Sept. 13, 1994, 108 Stat. 1841; 
Pub. L. 104-316, title I, Sec. 122(u), Oct. 19, 1996, 110 Stat. 3838.)

                       References in Text

    The Single Audit Act of 1984, referred to in subsec. (b)(5), is Pub. 
L. 98-502, Oct. 19, 1984, 98 Stat. 2327, as amended, which is classified 
generally to chapter 75 (Sec. 7501 et seq.) of Title 31, Money and 
Finance. For complete classification of this Act to the Code, see Short 
Title note set out under section 7501 of Title 31 and Tables.


                               Amendments

    1996--Subsec. (b)(5). Pub. L. 104-316 struck out ``after 
consultation with the Comptroller General of the United States'' after 
``Attorney General''.

                  Section Referred to in Other Sections

    This section is referred to in sections 13751, 14214 of this title.
