Title 34, NavyRelease 119-110
§10152 Description
Title 34 › Subtitle I — Comprehensive Acts › CHAPTER 101 — JUSTICE SYSTEM IMPROVEMENT › SUBCHAPTER V — BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS › Part A — Edward Byrne Memorial Justice Assistance Grant Program › § 10152
Summary
The Attorney General can give grants to states and local governments to pay for extra staff, gear, supplies, contracts, training, technical help, and information systems for criminal justice or civil cases. The money can be used for many types of programs, including law enforcement, prosecution and courts, prevention and education, corrections, drug treatment and enforcement, planning and technology, victim and witness services (not compensation), mental health and related law enforcement or corrections work, crisis-intervention courts (like mental health, drug, and veterans courts) and extreme risk protection order programs, plus programs to buy and use unmanned aircraft and certain counter‑UAS systems. Extreme risk programs must protect constitutional rights before and after action, including notice, an in‑person hearing, an unbiased decision‑maker, the right to see and present evidence and confront witnesses, free legal counsel, higher standards of proof at least as protective as in federal court, and penalties for program abuse. Grants may also be used for anything those earlier programs were allowed to fund as of January 5, 2006. States and local governments can contract with or give parts of a grant to nonprofit community groups or other local governments. Every funded program must include an assessment plan unless the Attorney General waives it because the program is too small. The funds cannot be used to give security gear to nongovernmental groups not doing criminal justice or public safety work, or—unless the Attorney General certifies urgent need—for vehicles (other than police cruisers), vessels (other than police boats), aircraft (other than police helicopters), luxury items, real estate, or most construction. Up to 10 percent of a grant can pay administrative costs. Grants last four years, but the Attorney General may renew or extend them. The Attorney General must issue a yearly report on crisis‑intervention grants that lists who got money, evaluates how well programs prevent violence and suicide, describes steps taken to protect people’s constitutional rights, and explains what the Attorney General is doing to protect those rights.
Full Legal Text
Title 34, §10152
Navy, Source: USLM XML via OLRC
(a)Grants authorized
(1)In general
From amounts made available to carry out this part, the Attorney General may, in accordance with the formula established under section 10156 of this title, make grants to States and units of local government, for use by the State or unit of local government to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice or civil proceedings, including for any one or more of the following programs:
(A)Law enforcement programs.
(B)Prosecution and court programs.
(C)Prevention and education programs.
(D)Corrections and community corrections programs.
(E)Drug treatment and enforcement programs.
(F)Planning, evaluation, and technology improvement programs.
(G)Crime victim and witness programs (other than compensation).
(H)Mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams.
(I)Implementation of State crisis intervention court proceedings and related programs or initiatives, including but not limited to—
(i)mental health courts;
(ii)drug courts;
(iii)veterans courts; and
(iv)extreme risk protection order programs, which must include, at a minimum—
(I)pre-deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses;
(II)the right to be represented by counsel at no expense to the government;
(III)pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State’s evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and
(IV)penalties for abuse of the program.
(J)Programs to purchase and operate unmanned aircraft systems (as defined in section 44801 of title 49) to benefit public safety.
(K)Programs to purchase and operate counter-UAS systems (as defined in section 44801 of title 49) included on the list of technologies established by subsection (d)(2)(A)(iii) section 124n(d)(2)(A)(iii) of title 6 to exercise the authority granted under subsection (a)(2) of such section.
(2)Rule of construction
Paragraph (1) shall be construed to ensure that a grant under that paragraph may be used for any purpose for which a grant was authorized to be used under either or both of the programs specified in section 10151(b) of this title, as those programs were in effect immediately before January 5, 2006.
(b)Contracts and subawards
A State or unit of local government may, in using a grant under this part for purposes authorized by subsection (a), use all or a portion of that grant to contract with or make one or more subawards to one or more—
(1)neighborhood or community-based organizations that are private and nonprofit; or
(2)units of local government.
(c)Program assessment component; waiver
(1)Each program funded under this part shall contain a program assessment component, developed pursuant to guidelines established by the Attorney General, in coordination with the National Institute of Justice.
(2)The Attorney General may waive the requirement of paragraph (1) with respect to a program if, in the opinion of the Attorney General, the program is not of sufficient size to justify a full program assessment.
(d)Prohibited uses
Notwithstanding any other provision of this Act, no funds provided under this part may be used, directly or indirectly, to provide any of the following matters:
(1)Any security enhancements or any equipment to any nongovernmental entity that is not engaged in criminal justice or public safety.
(2)Unless the Attorney General certifies that extraordinary and exigent circumstances exist that make the use of such funds to provide such matters essential to the maintenance of public safety and good order—
(A)vehicles (excluding police cruisers), vessels (excluding police boats), or aircraft (excluding police helicopters);
(B)luxury items;
(C)real estate;
(D)construction projects (other than penal or correctional institutions); or
(E)any similar matters.
(e)Administrative costs
Not more than 10 percent of a grant made under this part may be used for costs incurred to administer such grant.
(f)Period
The period of a grant made under this part shall be four years, except that renewals and extensions beyond that period may be granted at the discretion of the Attorney General.
(g)Rule of construction
Subparagraph (d)(1) shall not be construed to prohibit the use, directly or indirectly, of funds provided under this part to provide security at a public event, such as a political convention or major sports event, so long as such security is provided under applicable laws and procedures.
(h)Annual report on crisis intervention programs
The Attorney General shall publish an annual report with respect to grants awarded for crisis intervention programs or initiatives under subsection (a)(1)(I) that contains—
(1)a description of the grants awarded and the crisis intervention programs or initiatives funded by the grants, broken down by grant recipient;
(2)an evaluation of the effectiveness of the crisis intervention programs or initiatives in preventing violence and suicide;
(3)measures that have been taken by each grant recipient to safeguard the constitutional rights of an individual subject to a crisis intervention program or initiative; and
(4)efforts that the Attorney General is making, in coordination with the grant recipients, to protect the constitutional rights of individuals subject to the crisis intervention programs or initiatives.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
This Act, referred to in subsec. (d), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197, known as the Omnibus Crime Control and Safe Streets Act of 1968. For complete classification of this Act to the Code, see
Short Title
note set out under section 10101 of this title and Tables. Codification Section was formerly classified to section 3751 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior Provisions
A prior section 501 of title I of Pub. L. 90–351, as added and amended Pub. L. 100–690, title V, § 5104, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4301, 4329; Pub. L. 101–647, title VI, § 601(b), Nov. 29, 1990, 104 Stat. 4823; Pub. L. 103–322, title X, § 100003, title XIV, § 140004, title XV, § 150003, title XXI, § 210302(a), Sept. 13, 1994, 108 Stat. 1996, 2032, 2035, 2065; Pub. L. 104–132, title VIII, § 822(a), Apr. 24, 1996, 110 Stat. 1317; Pub. L. 106–177, title I, § 103, Mar. 10, 2000, 114 Stat. 35; Pub. L. 106–310, div. B, title XXXVI, § 3621(b), Oct. 17, 2000, 114 Stat. 1231; Pub. L. 106–561, § 2(a), Dec. 21, 2000, 114 Stat. 2787, related to description of drug control and system improvement grant program, 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 501 of title I of Pub. L. 90–351, formerly § 601, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1195; renumbered § 501 and amended Pub. L. 98–473, title II, § 608(a), Oct. 12, 1984, 98 Stat. 2086, related to Congressional statement of purpose regarding discretionary grants, prior to repeal by Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4328. Another prior section 501 of title I of Pub. L. 90–351, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1192, set out Congressional statement of purpose of national priority grants, prior to repeal by Pub. L. 98–473, title II, § 607, Oct. 12, 1984, 98 Stat. 2086. Another prior section 501 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 205; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 211; Pub. L. 94–503, title I, § 120, Oct. 15, 1976, 90 Stat. 2418, related to administrative rules,
Regulations
, and procedures, prior to the general amendment of title I of Pub. L. 90–351 by Pub. L. 96–157.
Amendments
2025—Subsec. (a)(1)(J), (K). Pub. L. 119–60 added subpars. (J) and (K). 2022—Subsec. (a)(1). Pub. L. 117–159, § 12003(a)(1), inserted “or civil proceedings” after “criminal justice” in introductory provisions. Subsec. (a)(1)(I). Pub. L. 117–159, § 12003(a)(2), added subpar. (I). Subsec. (h). Pub. L. 117–159, § 12003(b), added subsec. (h). 2016—Subsec. (a)(1)(H). Pub. L. 114–255 added subpar. (H). 2006—Subsec. (b)(3). Pub. L. 109–271 struck out par. (3) which read as follows: “tribal governments.”
Statutory Notes and Related Subsidiaries
Effective 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.
Reference
Citations & Metadata
Citation
34 U.S.C. § 10152
Title 34, Navy
Last Updated
Sep 22, 2026
Release point: 119-110