
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-546 Section 8(a)]
[Document affected by Public Law 106-561 Section 2(b)]
[CITE: 42USC3753]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT
 
        SUBCHAPTER V--BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS
 
        Part A--Drug Control and System Improvement Grant Program
 
Sec. 3753. State applications

    (a) To request a grant under this part, 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 
subchapter 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;
            (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 subchapter 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 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.
        (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 part.
        (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 part and all other applicable Federal laws. Such 
    certification shall be made in a form acceptable 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.
        (11) An assurance that the State has established a plan under 
    which the State will provide without fee to the Immigration and 
    Naturalization Service, within 30 days of the date of their 
    conviction, notice of conviction of aliens who have been convicted 
    of violating the criminal laws of the State and under which the 
    State will provide the Service with the certified record of such a 
    conviction within 30 days of the date of a request by the Service 
    for such record.
        (12) If any part of funds received from a grant made under this 
    subchapter is to be used to develop or improve a DNA analysis 
    capability in a forensic laboratory, a certification that--
            (A) DNA analyses performed at such laboratory will satisfy 
        or exceed then current standards for a quality assurance program 
        for DNA analysis, issued by the Director of the Federal Bureau 
        of Investigation under section 14131 of this title;
            (B) DNA samples obtained by, and DNA analyses performed at, 
        such laboratory will be accessible only--
                (i) to criminal justice agencies for law enforcement 
            identification purposes;
                (ii) in judicial proceedings, if otherwise admissible 
            pursuant to applicable statutes or rules;
                (iii) for criminal defense purposes, to a defendant, who 
            shall have access to samples and analyses performed in 
            connection with the case in which such defendant is charged; 
            or
                (iv) if personally identifiable information is removed, 
            for a population statistics database, for identification 
            research and protocol development purposes, or for quality 
            control purposes; and

            (C) such laboratory, and each analyst performing DNA 
        analyses at such laboratory, will undergo, at regular intervals 
        of not to exceed 180 days, external proficiency testing by a DNA 
        proficiency testing program meeting the standards issued under 
        section 14131 of this title.

    (b) Within 30 days after November 18, 1988, 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.

(Pub. L. 90-351, title I, Sec. 503, as added Pub. L. 100-690, title VI, 
Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4331; amended Pub. L. 101-649, 
title V, Sec. 507(a), Nov. 29, 1990, 104 Stat. 5050; Pub. L. 102-232, 
title III, Sec. 306(a)(6), Dec. 12, 1991, 105 Stat. 1751; Pub. L. 103-
322, title XXI, Sec. 210302(b), Sept. 13, 1994, 108 Stat. 2065.)


                            Prior Provisions

    For prior sections 503 of Pub. L. 90-351 and prior sections 3753 of 
this title, see note set out preceding section 3750 of this title.


                               Amendments

    1994--Subsec. (a)(12). Pub. L. 103-322 added par. (12).
    1991--Subsec. (a)(11). Pub. L. 102-232 substituted ``notice'' for 
``the certified records'' and inserted before period at end ``and under 
which the State will provide the Service with the certified record of 
such a conviction within 30 days of the date of a request by the Service 
for such record''.
    1990--Subsec. (a)(11). Pub. L. 101-649 added par. (11).


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-322 effective 60 days after Sept. 13, 1994, 
see section 210302(c)(4) of Pub. L. 103-322, set out as a note under 
section 3751 of this title.


                    Effective Date of 1991 Amendment

    Amendment by Pub. L. 102-232 effective as if included in the 
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section 
310(1) of Pub. L. 102-232, set out as a note under section 1101 of Title 
8, Aliens and Nationality.


                    Effective Date of 1990 Amendment

    Section 507(b) of Pub. L. 101-649 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply to grants for 
fiscal years beginning with fiscal year 1991.''

                          Transfer of Functions

    Effective Aug. 1, 2000, all functions of Director of Bureau of 
Justice Assistance, other than those enumerated in section 3742(3) to 
(6) of this title, transferred to Assistant Attorney General for Office 
of Justice Programs, see section 1000(a)(1) [title I, Sec. 108(b)] of 
Pub. L. 106-113, set out as a note under section 3741 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3755, 3757, 3761, 3766b, 
3782, 3796bb-1, 3796dd-1 of this title.
