
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3769b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT
 
  SUBCHAPTER VI--CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT PROGRAM
 
Sec. 3769b. Application; approval; payment


(a) Terms and conditions of application

    A State, unit of local government, or combination of such units 
desiring to receive assistance under this subchapter for a correctional 
facility project shall submit to the Director an application which shall 
include--
        (1) reasonable assurance that the applicant has developed an 
    acceptable plan for reducing overcrowding and improving conditions 
    of confinement in its correctional facilities and has implemented, 
    or is in the process of implementing, such plan through legislative, 
    executive, or judicial initiatives;
        (2) a detailed description of the correctional facility to be 
    constructed, altered, or expanded, including a description of the 
    site of such facility;
        (3) an estimate of the total cost of the construction of such 
    project, including the amount of assistance requested for such 
    project;
        (4) reasonable assurance that title to such site is or will be 
    vested solely in the applicant, or another agency or instrumentality 
    of the applicant;
        (5) reasonable assurance that adequate financial support will be 
    available for the construction of the project and for its 
    maintenance and operation when complete; and
        (6) reasonable assurance that the applicant will comply with the 
    standards and recommendations of the clearinghouse on the 
    construction and modernization of correctional facilities 
    established under section 3769d of this title.

(b) Approval of application; criteria

    (1) The Director may approve any such application only if the 
Director finds that--
        (A) there are sufficient funds available to provide the 
    assistance requested;
        (B) such assistance does not exceed 20 percent of the estimated 
    total cost of construction;
        (C) the application contains such reasonable assurances as may 
    be required under subsection (a) of this section; and
        (D) the eligibility criteria of section 3769a of this title are 
    met.

    (2) In approving applications under this subsection, the Director 
shall consider the numbers and general characteristics of the inmate 
population (to include factors such as offenders' ages, offenses, 
average term of incarceration, and custody status), and the degree to 
which the applicant has implemented an inmate classification system 
which addresses the need for appropriate security assignment.

(c) Amount of payment; limitation

    Upon approving an application under this section, the Director shall 
award the amount of assistance so approved, but in no event an amount 
greater than 20 percent of the cost of construction of the approved 
correctional facility project, and shall provide for payment to the 
applicant or, if designated by the applicant, any agency or 
instrumentality of the applicant. Such amount shall be paid, in advance 
or by way of reimbursement, and in such installments consistent with the 
progress of construction as the Director may determine. Funds paid under 
this subsection for the construction of an approved project shall be 
used solely for carrying out such project as so approved.

(d) Amendment of application; approval

    An amendment of any application shall be subject to approval in the 
same manner as an original application.

(Pub. L. 90-351, title I, Sec. 603, as added Pub. L. 98-473, title II, 
Sec. 609, Oct. 12, 1984, 98 Stat. 2088; amended Pub. L. 103-322, title 
XXXIII, Sec. 330001(h)(4), Sept. 13, 1994, 108 Stat. 2139.)


                            Prior Provisions

    A prior section 603 of Pub. L. 90-351 was renumbered section 503 and 
classified to section 3763 of this title. See note set out preceding 
section 3750 of this title.


                               Amendments

    1994--Subsec. (a)(6). Pub. L. 103-322 substituted ``section 3769d'' 
for ``section 3769c''.

                          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.
