31 USC 5352 - Program authorization

U.S Code last checked for updates: Nov 22, 2024

§ 5352.

Program authorization

(a)

Grant Eligibility.—

To be eligible to receive an initial grant or a renewal grant under this part, a State or local law enforcement agency or prosecutor shall meet each of the following criteria:

(1)

Application.—

The State or local law enforcement agency or prosecutor shall submit an application to the Secretary in accordance with section 5353(a)(2).

(2)

Accountability.—

The State or local law enforcement agency or prosecutor shall—

(A)

establish a system to measure and report outcomes—

(i)

consistent with common indicators and evaluation protocols established by the Secretary, in consultation with the Attorney General; and

(ii)

approved by the Secretary;

(B)

conduct biennial surveys (or incorporate local surveys in existence at the time of the evaluation) to measure the progress and effectiveness of the coalition; and

(C)

provide assurances that the entity conducting an evaluation under this paragraph, or from which the applicant receives information, has experience in gathering data related to money laundering and related financial crimes.

(b)

Grant Amounts.—

(1)

Grants.—

(A)

In general.—

Subject to subparagraph (D), for a fiscal year, the Secretary of the Treasury, in consultation with the Attorney General, may grant to an eligible applicant under this section for that fiscal year, an amount determined by the Secretary of the Treasury, in consultation with the Attorney General, to be appropriate.

(B)

Suspension of grants.—

If such grant recipient fails to continue to meet the criteria specified in subsection (a), the Secretary may suspend the grant, after providing written notice to the grant recipient and an opportunity to appeal.

(C)

Renewal grants.—

Subject to subparagraph (D), the Secretary may award a renewal grant to a grant recipient under this subparagraph for each fiscal year following the fiscal year for which an initial grant is awarded.

(D)

Limitation.—

The amount of a grant award under this paragraph may not exceed $750,000 for a fiscal year.

(2)

Grant awards.—

(A)

In general.—

Except as provided in subparagraph (B), the Secretary may, with respect to a community, make a grant to one eligible applicant that represents that community.

(B)

Exception.—

The Secretary may make a grant to more than one eligible applicant that represent 1

 So in original. Probably should be “represents”.

a community if—

(i)

the eligible coalitions demonstrate that the coalitions are collaborating with one another; and

(ii)

each of the coalitions has independently met the requirements set forth in subsection (a).

(c)

Condition Relating to Proceeds of Asset Forfeitures.—

(1)

In general.—

No grant may be made or renewed under this part to any State or local law enforcement agency or prosecutor unless the agency or prosecutor agrees to donate to the Secretary of the Treasury for the program established under this part any amount received by such agency or prosecutor (after the grant is made) pursuant to any criminal or civil forfeiture under chapter 46 of title 18, United States Code, or any similar provision of State law.

(2)

Scope of application.—

Paragraph (1) shall not apply to any amount received by a State or local law enforcement agency or prosecutor pursuant to any criminal or civil forfeiture referred to in such paragraph in excess of the aggregate amount of grants received by such agency or prosecutor under this part.

(d)

Rolling Grant Application Periods.—

In establishing the program under this part, the Secretary shall take such action as may be necessary to ensure, to the extent practicable, that—

(1)

applications for grants under this part may be filed at any time during a fiscal year; and

(2)

some portion of the funds appropriated under this part for any such fiscal year will remain available for grant applications filed later in the fiscal year.

(Added Pub. L. 105–310, § 2(a), Oct. 30, 1998, 112 Stat. 2946.)

cite as: 31 USC 5352