34 USC 30307 - Adoption and effect of national standards

U.S Code last checked for updates: Nov 23, 2024

§ 30307.

Adoption and effect of national standards

(a)

Publication of proposed standards

(1)

Final rule

(2)

Independent judgment

(3)

Limitation

(4)

Transmission to States

(b)

Applicability to Federal Bureau of Prisons

(c)

Applicability to detention facilities operated by the Department of Homeland Security

(1)

In general

(2)

Applicability

(3)

Compliance

The Secretary of Homeland Security shall—

(A)

assess compliance with the standards adopted under paragraph (1) on a regular basis; and

(B)

include the results of the assessments in performance evaluations of facilities completed by the Department of Homeland Security.

(4)

Considerations

(5)

Definition

(d)

Applicability to custodial facilities operated by the Department of Health and Human Services

(1)

In general

(2)

Applicability

(3)

Compliance

The Secretary of Health and Human Services shall—

(A)

assess compliance with the standards adopted under paragraph (1) on a regular basis; and

(B)

include the results of the assessments in performance evaluations of facilities completed by the Department of Health and Human Services.

(4)

Considerations

(e)

Eligibility for Federal funds

(1)

Covered programs

(A)

In general

For purposes of this subsection, a grant program is covered by this subsection if, and only if—

(i)

the program is carried out by or under the authority of the Attorney General;

(ii)

the program may provide amounts to States for prison purposes; and

(iii)

the program is not administered by the Office on Violence Against Women of the Department of Justice.

(B)

List

(2)

Adoption of national standards

(A)

In general

For each fiscal year, any amount that a State would otherwise receive for prison purposes for that fiscal year under a grant program covered by this subsection shall be reduced by 5 percent, unless the chief executive officer of the State submits to the Attorney General proof of compliance with this chapter through—

(i)

a certification that the State has adopted, and is in full compliance with, the national standards described in subsection (a); or

(ii)

an assurance that the State intends to adopt and achieve full compliance with those national standards so as to ensure that a certification under clause (i) may be submitted in future years, which includes—

(I)

a commitment that not less than 5 percent of such amount shall be used for this purpose; or

(II)

a request that the Attorney General hold 5 percent of such amount in abeyance pursuant to the requirements of subparagraph (E).

(B)

Rules for certification

(i)

In general

A chief executive officer of a State who submits a certification under this paragraph shall also provide the Attorney General with—

(I)

a list of the prisons under the operational control of the executive branch of the State;

(II)

a list of the prisons listed under subclause (I) that were audited during the most recently concluded audit year;

(III)

all final audit reports for prisons listed under subclause (I) that were completed during the most recently concluded audit year; and

(IV)

a proposed schedule for completing an audit of all the prisons listed under subclause (I) during the following 3 audit years.

(ii)

Audit appeal exception

(C)

Rules for assurances

(i)

In general

A chief executive officer of a State who submits an assurance under subparagraph (A)(ii) shall also provide the Attorney General with—

(I)

a list of the prisons under the operational control of the executive branch of the State;

(II)

a list of the prisons listed under subclause (I) that were audited during the most recently concluded audit year;

(III)

an explanation of any barriers the State faces to completing required audits;

(IV)

all final audit reports for prisons listed under subclause (I) that were completed during the most recently concluded audit year;

(V)

a proposed schedule for completing an audit of all prisons under the operational control of the executive branch of the State during the following 3 audit years; and

(VI)

an explanation of the State’s current degree of implementation of the national standards.

(ii)

Additional requirement

(iii)

Accounting of funds

(D)

Sunset of assurance option

(i)

In general

(ii)

Additional sunset

(iii)

Emergency assurances

(I)

Request

(II)

Grant of request

(E)

Disposition of funds held in abeyance

(i)

In general

(ii)

Release of funds

(iii)

Redistribution of funds

(F)

Publication of audit results

(G)

Report on implementation of national standards

(3)

Report on noncompliance

(4)

Cooperation with survey

(5)

Redistribution of amounts

(6)

Implementation

(7)

Effective date

(A)

Requirement of adoption of standards

(B)

Requirement for cooperation

(8)

Standards for auditors

(A)

In general

(i)

Background checks for auditors

(ii)

Certification agreements

(iii)

Auditor evaluation

(B)

Auditor decertification

(i)

In general

(ii)

Notification

(C)

Audit assignments

(D)

Disclosure of documentation

(Pub. L. 108–79, § 8, Sept. 4, 2003, 117 Stat. 985; Pub. L. 113–4, title XI, § 1101(c), Mar. 7, 2013, 127 Stat. 134; Pub. L. 114–324, §§ 5, 7(2), Dec. 16, 2016, 130 Stat. 1950, 1951; Pub. L. 115–274, § 4, Oct. 31, 2018, 132 Stat. 4161.)

cite as: 34 USC 30307