§10156. Formula — Inbound Citations
34 U.S.C. § 10156
Cited by 12 provisions in release 119-102.
Citations to 34 U.S.C. § 10156 as a whole
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(1) 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.
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(2) to prevent, compensate for, or mitigate significant programmatic harm resulting from operation of the formula established under section 10156 of this title.
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(2) conduct a reasonable number of comprehensive evaluations of programs funded under section 10156 (formula grants) and section 10171 (discretionary grants) of this title.
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(2) the cost of the program to be evaluated and the number of similar programs funded under section 10156 (formula grants) of this title;
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(a) Each State which receives a grant under section 10156 of this title shall submit to the Director, for each year in which any part of such 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 purposes of part A;(2) a summary of the activities carried out in such year with any grant received under part B by such State;(3) the evaluation result of programs and projects;(4) an explanation of how the Federal funds provided under this subchapter 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.
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(2) in addition to satisfying the requirements of section 10153 of this title, each application for a grant under this subchapter shall include in its application a statement specifying how such grant will be coordinated with a grant received under section 10156 of this title for the same fiscal year.
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(1) Pursuant to regulations promulgated by the Attorney General hereunder, any amount under subsection (c) shall be derived by reducing the amount of Federal law enforcement assistance funds received by the State pursuant to section 10156 of this title that convicted such individual of the prior offense before the distribution of the funds to the State. No amount described under this section shall be subject to section 3335(b) or 6503(d) of title 311
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(A) During the 2-year period beginning 3 years after January 8, 2008, the Attorney General may withhold not more than 3 percent of the amount that would otherwise be allocated to a State under section 10156 of this title if the State provides less than 50 percent of the records required to be provided under sections 40912 and 40913 of this title.
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(B) During the 5-year period after the expiration of the period referred to in subparagraph (A), the Attorney General may withhold not more than 4 percent of the amount that would otherwise be allocated to a State under section 10156 of this title if the State provides less than 70 percent of the records required to be provided under sections 40912 and 40913 of this title.
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(2) After the expiration of the periods referred to in paragraph (1), the Attorney General shall withhold 5 percent of the amount that would otherwise be allocated to a State under section 10156 of this title, if the State provides less than 90 percent of the records required to be provided under sections 40912 and 40913 of this title.
Citations to §10156(a)
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(2) “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands: Provided, That for the purposes of section 10156(a) of this title, American Samoa and the Commonwealth of the Northern Mariana Islands shall be considered as one state1 and that for these purposes 67 per centum of the amounts allocated shall be allocated to American Samoa, and 33 per centum to the Commonwealth of the Northern Mariana Islands.2
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(1) section 10156(a) of this title shall not apply with respect to this subchapter; and