[Title 28 CFR 33]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 33 - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS]
[From the U.S. Government Printing Office]


28JUDICIAL ADMINISTRATION12002-07-012002-07-01falseBUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS33PART 33JUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICE
PART 33--BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS--Table of Contents




                Subpart A--Criminal Justice Block Grants

                           General Provisions

Sec.
33.1  General.
33.2  Statutory authority.
33.3  OMB approval of information collection requirements.

                           Eligible Applicants

33.10  State government.
33.11  Units of local government.
33.12  Establishment of State Office.

                           Allocation of Funds

33.20  Fund availability.
33.21  Match.
33.22  Title to personal property.
33.23  Limitations on fund use.

                      Purposes of Block Grant Funds

33.30  Program criteria.
33.31  Eligible purposes and programs.
33.32  Certified programs.

                        Application Requirements

33.40  General.
33.41  Application content.

                         Additional Requirements

33.50  General financial requirements.
33.51  Audit.
33.52  Civil rights.

                  Submission and Review of Applications

33.60  General.
33.61  Review of State applications.

                                 Reports

33.70  Annual performance report.
33.71  Initial project report.

                          Suspension of Funding

33.80  Suspension of funding.

 Subpart B--Bulletproof Vest Partnership Grant Program Applying for the 
                                 Program

33.100  Definitions.
33.101  Standards and requirements.
33.102  Preferences.
33.103  How to apply.

    Authority: Omnibus Crime Control and Safe Streets Act of 1968, 42 
U.S.C. 3701, et seq., as amended (Pub. L. 90-351, as amended by Pub. L. 
93-83, Pub. L. 93-415, Pub. L. 94-430, and Pub. L. 94-503, Pub. L. 95-
115, Pub. L. 96-157, and Pub. L. 98-473) (the Justice Assistance Act of 
1984); Pub. L. 105-181, 112 Stat. 512, 42 U.S.C. 3796ll.

    Source: 50 FR 22990, May 30, 1985, unless otherwise noted.



                Subpart A--Criminal Justice Block Grants

                           General Provisions



Sec. 33.1  General.

    This subpart defines eligibility criteria and sets forth 
requirements for application for and administration of block grants by 
state and local governments.

[50 FR 22990, May 30, 1985, as amended at 63 FR 50761, Sept. 23, 1998]



Sec. 33.2  Statutory authority.

    The statutory authority for the regulations is the Omnibus Crime 
Control and Safe Streets Act of 1968, 42 U.S.C. 3701, et. seq., as 
amended (Pub. L. 90-351, as amended by Pub. L. 93-83, Pub. L. 93-415, 
Pub. L. 94-430, Pub. L. 94-503, Pub. L. 95-115, Pub. L. 96-157, and Pub. 
L. 98-473) (hereinafter referred to as the Justice Assistance Act of 
1984 or the Act).



Sec. 33.3  OMB approval of information collection requirements.

    The information collection requirements in this subpart A have been 
approved by the Office of Management and Budget under control no. 1121-
0113.

[50 FR 22990, May 30, 1985, as amended at 63 FR 50761, Sept. 23, 1998]

                           Eligible Applicants



Sec. 33.10  State government.

    All states are eligible to apply for and receive block grants. 
Section 404 of the Act. State, as defined in the statute, means any 
state of the United States and includes the District of Columbia, the 
Commonwealth of Puerto Rico, and the Virgin Islands. Section 901(a)(2) 
of the Act.

[[Page 484]]



Sec. 33.11  Units of local government.

    (a) Units of local government are eligible to receive subgrants from 
a participating state. Unit of local government means any city, county, 
township, borough, parish, village, or other general purpose political 
subdivision of a state and includes Indian tribes which perform law 
enforcement functions as determined by the Secretary of the Interior. 
Section 901(a)(3) of the Act.
    (b) If the Bureau determines, during any fiscal year, that a portion 
of the funds allocated to a state will not be required, or that a state 
will be unable to qualify and receive funds, or that a state chooses not 
to participate in the program, then the Bureau shall award the funds 
allocated to the state directly to urban, rural, and suburban units of 
local government or combinations thereof within the state, giving 
priority to those jurisdictions with the greatest need. Section 407(d) 
of the Act.



Sec. 33.12  Establishment of State Office.

    (a) Section 408(a) of the Act provides that the chief executive of 
each participating state shall designate a State Office for the purposes 
of:
    (1) Preparing an application to obtain funds; and
    (2) Administering funds received from the Bureau of Justice 
Assistance, including receipt, review, processing, monitoring, progress 
and financial report review, technical assistance, grant adjustments, 
accounting, auditing, and fund disbursements.
    (b) An office or agency performing other functions within the 
state's executive branch may be designated as the State Office. Section 
408(b) of the Act.

                           Allocation of Funds



Sec. 33.20  Fund availability.

    Section 407(a) of the Justice Assistance Act provides that 80 
percent of the total amount appropriated for part D (block grants) and 
part E (discretionary grants) shall be allocated for block grants.
    (a) Allocation to States. Each participating state shall receive a 
base amount of $250,000 with the remaining funds allocated to each state 
on the basis of the state's relative share of total U.S. population. 
Section 407(a) of the Act. If a state does not elect to participate in 
the Act, the states allocation shall be awarded by the Bureau directly 
to local units of government and combinations of units of local 
government within the state. Section 407(d) of the Act.
    (b) Allocation of funds within the State. (1) Funds granted to the 
state are further subgranted by the state to state agencies and units of 
local government to carry out programs and projects contained in an 
approved application. Each state shall distribute to its local units of 
government, in the aggregate, a portion of the state's block grant funds 
equal to the local government share of total state and local criminal 
justice expenditures. Section 407(b) of the Act. In determining the 
portion to be distributed to local units, the most recent and complete 
data available from the Bureau of Justice Statistics of the U.S. 
Department of Justice shall be used unless the use of other data has 
been approved in advance by the Bureau of Justice Assistance.
    (2) To request approval of a distribution ratio other than that 
based on data of the Bureau of Justice Statistics, the head of the State 
Office must certify in writing to the Bureau of Justice Assistance that 
the ratio it proposes is a correct reflection of the local share of 
total state and local criminal justice expenditures and that the state 
has notified its major local governments of the request and informed 
them of the opportunity to contact the Bureau within 30 days, if they 
have any objections. The written request must also cite the expenditure 
data used to substantiate the proposed change.
    (c) Allocation based on greatest need. In distributing funds among 
urban, rural, and suburban units of local government, the state shall 
give priority to those jurisdictions with the greatest need. Section 
407(b)(2) of the Act.



Sec. 33.21  Match.

    (a) Funds may be used to pay up to 50 percent of the cost of a 
program or project. Section 403(b)(1) of the Act. The remaining non-
Federal share shall be in cash. Section 403(b)(2) of the Act. Match will 
be provided on a project by

[[Page 485]]

project basis. However, states may request the Bureau to approve 
exceptions such as match on a program by program basis, state-wide 
basis, unit-of-government basis, or a combination of the above. States 
must include any requests for approval of other than project-by-project 
match in their applications to the Bureau.
    (b) Funds subgranted to an Indian tribe which performs law 
enforcement functions (as determined by the Secretary of the Interior) 
shall be used to pay 100 percent of the cost of a program or project. 
Section 403(b)(1) of the Act.



Sec. 33.22  Title to personal property.

    Section 808 of the Justice Assistance Act provides that 
notwithstanding any other provision of law, title to all expendable and 
nonexpendable personal property purchased with funds made available 
under this title, including property with funds made available under 
this title as in effect before the effective date of the Justice 
Assistance Act of 1984, shall vest in the criminal justice agency or 
nonprofit organization that purchased the property if it certifies to 
the State Office that it will use the property for criminal justice 
purposes. If such certification is not made, title to the property shall 
vest in the State Office, which shall seek to have the property used for 
criminal justice purposes elsewhere in the state prior to using it or 
disposing of it in any other manner. If a State Office does not exist, 
certification will be made directly to the Bureau of Justice Assistance.



Sec. 33.23  Limitations on fund use.

    In order to insure the most efficient and effective use of grant 
funds, the Justice Assistance Act places restrictions on the award of 
block monies for routine equipment, personnel costs, construction, 
supplanting of state and local funds, and land acquisition.
    (a) Equipment and hardware. The purchase or acquisition of equipment 
or hardware with grant funds is prohibited unless the purchase or 
acquisition is an incidental and necessary part of a program. Section 
406(c)(1) of the Act.
    (b) General salaries and personnel costs. Payment of personnel costs 
with grant funds is prohibited unless the costs are an incidental and 
necessary part of a program. Section 406(c)(1) of the Act. Programs 
which have as their primary purpose the payment of usual salaries paid 
to employees generally, or to specific classes of employees within a 
jurisdiction, are prohibited. Notwithstanding the above, grant funds may 
be used to compensate personnel for time engaged in conducting or 
undergoing training programs or the compensation of personnel engaged in 
research, development demonstration, or short-term programs. Section 
406(c)(2) of the Act.
    (c) Construction. Construction projects are prohibited. Section 
406(c)(3) of the Act.
    (d) Land acquisition. Acquisition of land with grant funds is 
prohibited. Section 406(c)(3) of the Act.
    (e) Ineffective programs. The use of grant funds is prohibited for 
programs or projects which, based upon evaluations by the National 
Institute of Justice, Bureau of Justice Assistance, Bureau of Justice 
Statistics, state or local agencies, and other public or private 
organizations, have been demonstrated to offer a low probability of 
improving the functioning of the criminal justice system. The Bureau of 
Justice Assistance will formally identify ineffective programs by notice 
in the Federal Register after opportunity for public comment. Section 
406(c)(4) of the Act.
    (f) Administrative costs. The use of grant funds to pay for costs 
incurred in applying for or administering the block grant is prohibited. 
Block grant funds may only be used to carry out programs that fall 
within one of the purposes listed in secton 403(a) of the Justice 
Assistance Act. Section 403(a) of the Act.
    (g) Period of project support. A grant recipient may receive block 
grant funds for a specific program or project for a period not to exceed 
four years. The four-year maximum allowable period of funding includes 
any period prior to the Justice Assistance Act when the program or 
project was supported by funds made available under title I of the 
Omnibus Crime Control and Safe Streets Act. Section 403(c) of the Act.

[[Page 486]]

    (h) Non-supplantation. Block grant funds shall not be used to 
supplant state or local funds, but will be used to increase the amounts 
of such funds that would, in the absence of Federal aid, be made 
available for criminal justice activities. Section 405(2) of the Act.

                      Purposes of Block Grant Funds



Sec. 33.30  Program criteria.

    The Justice Assistance Act requires that block grant funds assist 
states and local governments to carry out specific programs which offer 
a high probability of improving the functioning of the criminal justice 
system, with special emphasis on violent crime and serious offenders. 
Section 403(a) of the Act.
    (a) High probability of improving the criminal justice system. High 
probability of improving the criminal justice system means that a 
prudent assessment of the concepts and implementation plans included in 
a proposed program, project, approach, or practice, together with an 
assessment of the problem to which it is addressed and of data and 
information bearing on the problem, concept, and implementation plan, 
provides strong evidence that the proposed activities would result in 
identifiable improvements in the criminal justice system if implemented 
as proposed. Section 901(a)(21) of the Act.
    (b) Special emphasis on violent crime and serious offenders. Special 
emphasis on violent crime and serious offenders means that a 
relationship exists between the program and violent crime, the victims 
of violent crime, serious offenders and their acts, and the prevention 
of violent crime and serious offenses. Violent crime, for the purpose of 
this program, includes homicide, robbery, assault, arson, residential 
burglary, child abuse and molestation, sexual assault, kidnapping, and 
all felonies involving weapons or narcotics trafficking. Serious 
offenders are those who commit violent crimes.
    (c) Criminal justice. Criminal justice means activities pertaining 
to crime prevention, control, or reduction, or the enforcement of the 
criminal law, including but not limited to, police efforts to prevent, 
control, or reduce crime or to apprehend criminals, including juveniles, 
activities of courts having criminal jurisdiction, and related agencies 
(including but not limited to proescutorial and defender services, 
juvenile delinquency agencies, and pretrial service or release 
agencies), activities of corrections, probation or parole authorities 
and related agencies assisting in the rehabilitation, supervision, and 
care of criminal offenders, and programs relating to the prevention, 
control, or reduction of narcotic addiction and juvenile delinquency. 
Section 901(a)(1) of the Act.



Sec. 33.31  Eligible purposes and programs.

    (a) Eligible purposes. Block grant funds may be used for the 
following purposes listed in section 403(a) of the Justice Assistance 
Act:
    (1) Providing community and neighborhood programs that enable 
citizens and police to undertake initiatives to prevent and control 
neighborhood crime;
    (2) Disrupting illicit commerce in stolen goods and property;
    (3) Combating arson;
    (4) Effectively investing and bringing to trial white-collar crime, 
organized crime, public corruption crimes, and fraud against the 
Government;
    (5) Identifying criminal cases involving persons (including juvenile 
offenders) with a history of serious criminal conduct in order to 
expedite the processing of such cases and to improve court system 
management and sentencing practices and procedures in such cases;
    (6) Developing and implementing programs which provide assistance to 
jurors and witnesses, and assistance (other than compensation) to 
victims of crimes;
    (7) Providing alternatives to pretrial detention, jail, and prison 
for persons who pose no danger to the community;
    (8) Providing programs which identify and meet the needs of drug-
dependent offenders;
    (9) Providing programs which alleviate prison and jail overcrowding 
and programs which identify existing state and Federal buildings 
suitable for prison use;

[[Page 487]]

    (10) Providing, management, and technical assistance to criminal 
justice personnel and determining appropriate prosecutorial and judicial 
personnel needs;
    (11) Providing prison industry projects designed to place inmates in 
a realistic working and training environment in which they will be 
enabled to acquire marketable skills and to make financial payments for 
restitution to their victims, for support of their own families, and for 
support of themselves in the institution;
    (12) Providing for operational information systems and workload 
management systems which improve the effectiveness of criminal justice 
agencies;
    (13) Not more than 10 percent of the state's block grant funds for 
providing programs of the same types as described in section 501(a)(4) 
of the Act which:
    (i) The Bureau establishes under section 503(a) of the Act as 
discretionary programs for financial assistance; or
    (ii) Are innovative and have been deemed by the Bureau as likely to 
prove successful;
    (14) Implementing programs which address critical problems of crime, 
such as drug trafficking, which have been certified by the Director of 
the Bureau of Justice Assistance as having proved successful, after a 
process of consultation coordinated by the Assistant Attorney General of 
the Office of Justice Programs with the Director of the National 
Institute of Justice, Director of the Bureau of Justice Statistics, and 
Administrator of the Office of Juvenile Justice and Delinquency 
Prevention;
    (15) Providing programs which address the problem of serious 
offenses committed by juveniles;
    (16) Addressing the problem of crime committed against the elderly;
    (17) Providing training, technical assistance, and programs to 
assist state and local law enforcement authorities in rural areas in 
combating crime, with particular emphasis on violent crime, juvenile 
delinquency, and crime prevention; and
    (18) Improving the operational effectiveness of law enforcement by 
integrating and maximizing the effectiveness of police field operations 
and the use of crime analysis techniques.
    (b) Programs. The Bureau of Justice Assistance has certified that 
specific programs meet these purposes, conform with the program 
criteria, and are eligible for block grant support. (See Sec. 33.32 of 
the regulations, Certified Programs). These programs are described in 
Program Briefs that are available from the Bureau of Justice Assistance. 
The list of certified programs will be expanded in the future based on 
the statutory criteria to permit a more complete coverage of each of the 
purposes. This certification will be done in consultation with state and 
local governments and published in the Federal Register. States and 
localities may use block funds to implement one or more of these 
certified programs, if they agree to comply with the critical elements 
set forth in Sec. 33.32 of these regulations, and to provide data on the 
performance indicators listed. States and localities selecting these 
programs may identify the certified program in their application by name 
only, without further description. Programs other than those certified 
by the Bureau of Justice Assistance may be proposed by the state and/or 
units of local government and approved for funding by the Bureau. To 
obtain approval to fund a proposed program, the applicant must provide 
in its application a description of the program and evidence that it 
meets the statutory program criteria. The application requirements for 
program approval are contained in Subpart E--Application Requirements.



Sec. 33.32  Certified programs.

    (a) The Act encourages the implementation of programs that have been 
proven successful. Pursuant to section 403(a)(14) of the Act, the Bureau 
of Justice Assistance, after a process of consultation coordinated by 
the Assistant Attorney General of the Office of Justice Programs with 
the National Institute of Justice, the Bureau of Justice Statistics, and 
the Office of Juvenile Justice and Delinquency Prevention, certifies 
that the following programs have been proven successful:
    (1)(i) Purpose: Providing community and neighborhood programs that 
enable citizens and police to undertake

[[Page 488]]

initiatives to prevent and control neighborhood crime.
    (ii) Certified program: Community crime prevention. This program 
aims to prevent crime and reduce the fear of crime through organized 
collective citizen action. Community crime prevention programs may be 
initiated by either law enforcement agencies or existing community 
groups, but each must have the active support and involvement of the 
other. Local programs must be designed to meet the needs and problems of 
specific neighborhoods or communities and particular population groups, 
including the elderly. They must make extensive use of volunteers. The 
specific services or activities to be implemented depend on the local 
situation and crime problem, but usually have, as a core element, 
neighborhood (block) watch with additional activities optional. Programs 
to provide training, technical assistance and other support services are 
also eligible for funding. Program objectives and elements are described 
in greater detail in the Program Brief on Community Crime Prevention.
    (A) Critical elements:
    (1) Pre-program planning to determine needs and problems of 
community.
    (2) Targeting of activities and services to meet local situation.
    (3) Maximum use of volunteers.
    (4) Cooperation of community organizations and law enforcement.
    (B) Optional activities: Projects must implement one or more of the 
following:
    (1) Neighborhood Watch
    (2) Operation ID
    (3) Security Surveys
    (4) Citizen Patrols
    (5) Escort or Special Services for the Elderly
    (6) Block Homes or Safe-Houses
    (7) Neighborhood Clean-Ups in High Crime Areas
    (8) Public Education
    (9) Training
    (10) Technical Assistance
    (C) Performance indicators:
    (1) Number of staff assigned to project.
    (2) Types of services provided.
    (3) Units of service delivered (e.g., number of block watches 
organized).
    (4) Number of volunteers participating.
    (2)(i) Purpose: Disrupting illicit commerce in stolen goods and 
property.
    (ii) Certified program: Property Crime (STING) Program. This program 
targets the apprehension and prosecution of burglars/thieves as well as 
those individuals who provide the outlets for receipt of stolen goods 
and property. The majority of the model programs have established 
storefronts in which law enforcement officers pose as fences who buy 
stolen goods. In areas where there is a high concentration of organized 
crime, programs have employed techniques to infiltrate organizations in 
order to obtain evidence for prosecution of serious crime. Program 
objectives and elements are described in greater detail in the Program 
Brief on Property Crime (STING) Program.
    (A) Critical elements:
    (1) Program planning, which consists of:
    (i) Analysis of the stolen property redistribution system in the 
jurisdiction.
    (ii) Selection of the target criminal population and/or property at 
which the program will be directed.
    (iii) Establishment of policies and procedures governing roles of 
participants, and program implementation.
    (2) Establishment of records maintenance and management system; 
security management procedures; and stolen property/contraband/evidence 
management.
    (3) Implementation of operations, including undercover activities 
and ongoing intelligence gathering and analysis.
    (4) Coordination with prosecutorial personnel in case development 
and proper use of undercover techniques; and cooperation with victims to 
assure return of property.
    (B) Performance indicators:
    (1) Number of arrest and type of offense.
    (2) Number of convictions.
    (3) Dollar value of property received.
    (4) Dollar value of property returned to victims.
    (5) Number of fencing operations disrupted.
    (3)(i) Purpose: Combating arson.

[[Page 489]]

    (ii) Certified program: Arson Prevention and Control Program. This 
program employs the task force concept as a strategy to prevent and 
control the malicious or fraudulent burning of property. It attempts to 
reduce the incidence of arson and increase arrest, prosecution and 
conviction rates. The program focuses on arson that is economically 
motivated. Program objectives and elements are described in greater 
detail in the Program Brief on Arson Prevention and Control.
    (A) Critical elements:
    (1) Program planning to establish:
    (i) An understanding to the area's specific arson problems.
    (ii) A selection of program priorities, strategies, and the 
targeting of the criminal population.
    (iii) An outline of policies and procedures for program participants 
and program implementation.
    (iv) Written agreements indicating participation in the program, 
acceptance of established criteria and procedures, and commitment of 
resources.
    (2) Establishment of a system for collecting and analyzing data to 
target and identify arson patterns, methods and areas of vulnerability.
    (3) Establishment of investigative and prosecutorial elements 
directed at the crime of arson.
    (4) Involvement of community groups and private industry in support 
of the program.
    (B) Performance indicators:
    (1) Number of staff assigned to the project.
    (2) Number of confirmed arson incidents reported during reporting 
period.
    (3) Number of confirmed arson incidents reported during equivalent 
pre-reporting period.
    (4) Number of incidents resulting in a prosecution during program 
period.
    (5) Number of incidents resulting in a prosecution during equivalent 
pre-reporting period.
    (6) Number of prosecutions resulting in conviction.
    (7) Amount of property damage/loss caused by incendiary/suspicious 
fires during program period.
    (8) Amount of property damage/loss by incendiary/suspicious fires 
during equivalent pre-reporting period.
    (4)(i) Purpose: Effectively investigating and bringing to trial 
white-collar crime, organized crime, public corruption crime, and fraud 
against the Government. (No specific program has been certified by the 
Bureau. Applicants may propose programs for approval in accordance with 
the provisions of Sec. 33.41.)
    (5)(i) Purpose: Identifying criminal cases involving persons 
(including juvenile offenders) with a history of serious criminal 
conduct in order to expedite the processing of such cases and to improve 
court system management and sentencing practices and procedures in such 
cases.
    (ii) Certificate program: Career Criminal Prosecution Program. This 
program targets the identification and prosecution of violent and repeat 
offenders. Model efforts include a full time prosecutorial unit devoted 
to increasing the rate of prosecution of such offenders, special 
screening criteria, and policies that initiate or enhance vertical 
prosecution. Program objectives and elements are described in greater 
detail in the Program Brief on Career Criminal Prosecution.
    (A) Critical elements:
    (1) Screening and prosecution criteria to identify cases involving 
violent offenses and repeat offenders.
    (2) A separate, full-time prosecutorial unit for violent and repeat 
offenders to enable vertical prosecution of assigned cases.
    (3) Reduction of caseload to enable thorough case preparation/
presentation.
    (4) A policy requiring limited or no plea negotiations.
    (5) A policy of opposing pre-trial motions for continuances.
    (6) A policy to maintain effective communications with victims and 
witnesses.
    (B) Performance indicators:
    (1) Number of full-time prosecutors assigned to unit.
    (2) Number of cases meeting established criteria.
    (3) Number of cases prosecuted.
    (4) Number of and percentage of cases resulting in conviction.
    (5) Number and percentage of individuals incarcerated.

[[Page 490]]

    (iii) Certified program: Court Delay Reduction Program. This program 
expedites the processing of felony cases in trial courts. It emphasizes 
reduction of backlogs while maintaining equitable treatment and due 
process. Model programs result in reduction of case processing time, 
minimization of court appearances for victims and witnesses, and 
improvement of the public's perception of the quality of the criminal 
justice system. This program is available for both metropolitan trial 
courts and state-level court systems. Program objectives and elements 
are described in greater detail in the Program Brief on Court Delay 
Reduction.
    (A) Critical elements: Both the metropolitan and the state level 
programs are divided into two phases, planning and implementation.
    (1) Planning (Phase I):
    (i) Formation of delay reduction advisory committee.
    (ii) Data collection, analysis, and problem identification.
    (iii) Adoption of case processing goals for criminal cases.
    (iv) Development of action plan(s).
    (2) Implementation (Phase II):
    (i) Education of trial judges and others on objectives, standards 
and procedures.
    (ii) Systematic monitoring of all criminal cases filed in 
participating courts.
    (iii) System for regular acquisition and assessment of data from 
each trial court (state level only).
    (iv) Modification of rules and procedures at all levels of program 
participation when program results indicate need for changes.
    (B) Performance indicators.
    (1) Time standard established for processing of criminal cases under 
the project (days from arrest to trial).
    (2) Percentage of criminal cases prior to project that met standard.
    (3) Percentage of criminal cases disposed of during the project 
reporting period that met time disposition standard.
    (4) Reduction in the average number of continuances from the 
equivalent pre-project period.
    (6)(i) Purpose: Developing and implementing programs which provide 
assistance to jurors and witnesses, and assistance (other than 
compensation) to victims of crimes.
    (ii) Certified program: victim assistance. This program provides 
services and assistance to victims in order to speed their recovery from 
the financial loss, physical suffering and emotional trauma of 
victimization, and to assure proper and sensitive treatment of innocent 
victims in the criminal justice process. Victim assistance programs 
usually encompass a wide range of support services. The specific 
services to be provided, and the specific target group should reflect 
local needs and priorities. Program objectives and elements are 
described in greater detail in the Program Brief on Victim Assistance.
    (A) Critical elements:
    (1) Analysis of the community's victim/witness needs and problems.
    (2) Targeting of existing and planned activities and services to 
respond to this community situation.
    (3) Formulation of agreements for cooperation between criminal 
justice system agencies and public and private victim/witness service 
providers.
    (B) Optional activities: Projects must implement a minimum of three 
(3) or more of the following:
    (1) 24 hour crisis intervention and support or emergency services.
    (2) Counseling.
    (3) Assistance with compensation claims, creditors, community 
referrals, and restitution.
    (4) Police, prosecutor or court-related services.
    (5) Safety (including shelter), supportive counseling, social 
services support and criminal justice advocacy.
    (6) Training and education for individuals having direct contact 
with the victims, i.e., police, medical personnel, prosecutors, judges, 
etc.
    (C) Performance indicators:
    (1) Number of staff assigned to project.
    (2) Types of services provided.
    (3) Number of victims/witnesses served (by type of service).
    (4) Number of criminal justice personnel and others trained.
    (7)(i) Purpose: Providing alternatives to pretrial detention, jail, 
and prison for persons who pose no danger to the community.

[[Page 491]]

    (ii) Certified program: Jail overcrowding/alternatives to pretrial 
detention. This program aims to control jail population through improved 
intake screening which assures that persons who should be in jail are 
detained, and that alternatives are available for those requiring less 
than maximum supervision. Particular care must be taken that persons 
charged with violent crimes be detained and that the impact on victims 
and witnesses be a factor in screening decisions. The program calls for 
the development of a jail population management plan as part of a 
planning phase, followed by implementation of specific activities and 
services. Among the activities and services that may be funded are 
central intake and screening, pretrial services, diversion to 
detoxification centers, citation release, community corrections, 
sentencing alternatives, and jail management information systems. 
Program objectives and elements are described in greater detail in the 
Program Brief on Jail Overcrowding/Alternatives to Pretrial Detention.
    (A) Critical elements:
    (1) Implementation of program by state.
    (2) Formation of broad-based jail policy committee.
    (3) Program planning that includes data collection, analysis, 
problem identification, and development of jail population management 
plan, including the removal of juveniles from adult jails and lockups.
    (4) Implementation of plan.
    (B) Optional activities: Based on their plans, projects must 
implement one or more of the following activities or components:
    (1) Central intake and classification.
    (2) Comprehensive pre-trial services.
    (3) Diversion of public inebriates to detoxification centers.
    (4) Diversion of juveniles to secure and non-secure alternatives.
    (5) Citation release.
    (6) Community correction centers.
    (7) Sentencing alternatives (including restitution and work 
release).
    (8) Jail management information system.
    (C) Performance indicators:
    (1) Number of staff assigned to project.
    (2) Pretrial jail population.
    (3) Types of services and alternatives implemented.
    (4) Numbers of arrestees served/diverted by type of alternative.
    (5) Convicted clients completing alternative punishment 
successfully.
    (6) Re-arrest rate of released defendants.
    (7) Estimated jail days saved.
    (8)(i) Purpose: Providing programs which identify and meet the needs 
of drug-dependent offenders.
    (ii) Certified program: Treatment Alternatives to Street Crime 
Program (TASC). This program intervenes in the criminal justice process 
by early identification of substance-abusing offenders, referral to 
community treatment resources, and monitoring of treatment. Model 
programs provide the following services: screening arrestees, providing 
diagnostic/referral services for treatment, and monitoring progress of 
clients. Persons charged with or convicted of violent crimes including 
murder, rape, arson, armed robbery, sexual assault, burglary, child 
molestation, and manslaughter are excluded. Program objectives and 
elements are described in greater detail in the Program Brief on 
Treatment Alternatives to Street Crime.
    (A) Critical elements:
    (1) Broad-based support by criminal justice agencies.
    (2) Establishment of TASC advisory board.
    (3) Establishment of administrative management unit with full-time 
director.
    (4) Development of specific program eligibility criteria.
    (5) Establishment of a process for screening potential clients and 
court liaison.
    (6) Development of methods for assessing most appropriate treatment 
approaches.
    (7) Documentation of the availability of community treatment 
programs and their willingness to accept TASC clients.
    (8) Establishment of monitoring/tracking system.
    (B) Performance indicators:
    (1) Number of staff assigned to project.
    (2) Number of persons screened.

[[Page 492]]

    (3) Number of clients accepted.
    (4) Number of clients completing program.
    (5) Number of client re-arrests while in the program.
    (9) Purpose: Providing programs which alleviate prison and jail 
overcrowding and programs which identify existing state and Federal 
buildings suitable for prison use. (No specific program has been 
certified by the Bureau. Applicants may propose programs for approval in 
accordance with the provisions of Sec. 33.41.)
    (10)(i) Purpose: Provide training, management, and technical 
assistance to criminal justice personnel and determining appropriate 
prosecutorial and judicial personnel needs. (No specific program has 
been certified by the Bureau. Applicants may propose programs for 
approval in accordance with the provisions in Sec. 33.41. Training, 
management, and technical assistance programs must be focused on one of 
the 17 other statutory purposes and be based on a needs assessment. 
Entry level or basic training is prohibited.)
    (11) Purpose: Providing prison industry projects designed to place 
inmates in a realistic working and training environment in which they 
will be enabled to acquire marketable skills and to make financial 
payments for restitution to their victims, for support of their own 
familes, and for support of themselves in the institution. (No specific 
program has been certified by the Bureau. Applicants may propose 
programs for approval in accordance with the provisions of Sec. 33.41.)
    (12)(i) Purpose: Providing for operational information systems and 
workload management systems which improve the effectiveness of criminal 
justice agencies. All operational information system programs must be 
based on a needs assessment and requirements analysis and must include 
the definition of goals and objectives. In addition, they must assure 
that if public domain software is not available, any improvements to 
proprietary software will be placed in the public domain.
    (ii) Certified program: Prosecution Management Support System 
(PMSS). This program is a specific application of the generic planning, 
implementation, and assessment requirements for effective system 
development and performance. PMSS uses automated data processing systems 
to support priority prosecution, improved conviction rates, speedy trial 
management, and improved efficiency/effectiveness of the prosecutor's 
office. Model programs result in information systems which support 
prosecution activities such as identification of violent and career 
criminals, case and subponena preparation and witness notification. 
Systems are used to monitor management decisions and prosecutor actions 
and to reduce case processing time and case preparation time. Program 
objectives and elements are described in greater detail in the Program 
Brief on Prosecution Management Support System. This Program Brief has 
been designed to provide guidance for all criminal justice information 
systems. The critical elements for PMSS are transferable to and are 
equally critical for other criminal justice information systems.
    (A) Critical elements:
    (1) Pre-program needs assessment.
    (2) Implementation plan for fulfilling information needs and 
improving management and research capabilities.
    (3) Process for monitoring management decisions and prosecutor 
actions.
    (B) Performance indicators:
    (1) Number of staff assigned to project.
    (2) Case processing time.
    (3) Conviction rates.
    (13) Purpose: Providing programs of the same types as programs 
described in section 501(a)(4) of the Act which:
    (i) The Director establishes under section 503(a) of the Justice 
Assistance Act as discretionary programs for financial assistance; or
    (ii) Are innovative and have been deemed by the Director as likely 
to prove successful.
    (14) Purpose: Implementing programs which address critical problems 
of crime, such as drug trafficking, which have been certified by the 
Director, after a process of consultation coordinated by the Assistant 
Attorney General, Office of Justice Programs, with the Director of the 
National Institute of Justice, Director of the Bureau of Justice 
Statistics, and Administrator of the Office of Juvenile Justice and

[[Page 493]]

Delinquency Prevention, as having proved successful.
    (15)(i) Purpose: Providing programs which address the problem of 
serious offenses committed by juveniles.
    (ii) Certified program: Restitution by juvenile offenders: This 
program promotes the use of restitution by juvenile offenders to make 
juveniles accountable to the victim and the community and to increase 
community confidence in the juvenile justice system. Juvenile 
restitution has been an effective alternative to incarceration in 
jurisdictions that have used it, reducing recidivism and providing 
benefits to victims. Assistance in the design and development of 
Juvenile Restitution Programs funded under this Program is available 
through the Restitution Education, Training and Technical Assistance 
(RESTTA) Program funded by the Office of Juvenile Justice and 
Delinquency Prevention. Program objectives and elements are described in 
greater detail in the Program Brief on Restitution by Juvenile 
Offenders.
    (A) Critical elements:
    (1) Legal authority to order restitution as a disposition for 
delinquent offenses.
    (2) Commitment of the court and juvenile justice personnel.
    (3) Pre-program planning to establish written policies and 
procedures, including:
    (i) The stage of the system at which restitution will be initiated;
    (ii) Specification of the target population; and
    (iii) Establishment of procedures for determining the appropriate 
restitution to be rendered by the juvenile offender, enforcing 
restitution orders.
    (4) Program management and administration should describe:
    (i) Agency roles and responsibilities; and
    (ii) Case management and tracking system for performance indicators.
    (5) Community involvement in the program.
    (B) Performance indicators:
    (1) Personnel:
    (i) Number employed full and part-time in restitution; and
    (ii) Average restitution caseload per restitution/probation officer.
    (2) Program participation:
    (i) Number of juveniles by offense type;
    (ii) Type and amount of restitution ordered; and
    (iii) Number of victims (by type and amount of loss/injury) 
receiving restitution.
    (3) Number/percent juveniles successfully completing their 
restitution orders.
    (4) Total amount of restitution collected/completed.
    (5) Number obtaining restitution-related employment/job services.
    (6) Operational costs per case.
    (7) Number of participants rearrested during the program.
    (8) Number of participants incarcerated as a result of a rearrest or 
program failure.
    (9) Number retaining restitution-related employment following 
completion.
    (10) Victim satisfaction with the program.
    (16) Purpose: Addressing the problem of crime committed against the 
elderly. (No specific program has been certified by the Bureau. 
Applicants may propose programs for approval in accordance with the 
provisions of Sec. 33.41. Many of the programs identified under other 
purposes indirectly address the problem of crime against the elderly. 
Victim assistance programs and community crime prevention programs in 
particular often provide services that meet the special needs of the 
elderly.)
    (17) Purpose: Provide training, technical assistance, and programs 
to assist state and local law enforcement authorities in rural areas in 
combating crime, with particular emphasis on violent crime, juvenile 
delinquency, and crime prevention. (No specific program has been 
certified by the Bureau. Applicants may propose programs for approval in 
accordance with the provisions of Sec. 33.41. Many of the programs 
identified under other purposes are equally applicable to rural and 
urban areas.)
    (18)(i) Purpose: Improve the operational effectiveness of law 
enforcement by integrating and maximizing the effectiveness of police 
field operations and the use of crime analysis techniques.

[[Page 494]]

    (ii) Certified program: Integrated Criminal Apprehension Program 
(ICAP). This program integrates and directs law enforcement activities 
relative to the prevention, detection and investigation of serious and 
violent crime. Components of model programs have included systematic 
data collection and analysis, crime analysis, structured planning and 
service delivery. The program emphasizes better use of existing 
resources and better management of the patrol operation and 
investigative process. It results in a process which increases arrests 
for serious crimes. Program objectives and elements are described in 
greater detail in the Program Brief on the Integrated Criminal 
Apprehension Program.
    (A) Critical elements:
    (1) Commitment of law enforcement agency top management to concept 
of manpower deployment based on crime analysis.
    (2) Modification of agency data gathering methods to enhance 
planning and crime analysis.
    (3) Establishment of crime analysis and planning function.
    (4) Implementation of strategies, tactics and processes based on 
analysis that contribute to better management of criminal investigation 
and patrol.
    (B) Performance indicators:
    (1) Number of staff assigned to project.
    (2) Types of strategies implementations e.g., directed patrol, crime 
analysis.
    (3) Types of crimes targeted.
    (4) Clearance rates (by arrest) for targeted crimes.
    (5) Conviction rates for targeted crimes.

                        Application Requirements



Sec. 33.40  General.

    Sections 33.40 and 33.41 set forth the required programmatic content 
of block grant applications.

[50 FR 22990, May 30, 1985, as amended at 63 FR 50761, Sept. 23, 1998]



Sec. 33.41  Application content.

    (a) Format. Applications from the states for criminal justice block 
grants must be submitted on Standard Form 424, Application for Federal 
Assistance, at a time specified by the Bureau of Justice Assistance. The 
Bureau will provide to the states an ``Application Kit'' that includes 
SF 424, a list of assurances that the applicant must agree to, a table 
of fund allocations, and additional guidance on how to prepare and 
submit an application for criminal justice block grants.
    (b) Programs. Applications must set forth programs and projects 
covering a two-year period which meet the purposes and criteria of 
section 403(a) of the Justice Assistance Act and these regulations. 
Applications must be amended annually, if new programs or projects are 
to be added or if the programs or projects contained in the approved 
application are not implemented. The application must designate which 
statutory purpose the program or project is intended to achieve, 
identify the state agency or unit of local government that will 
implement the program or project, and provide the estimated funding 
level for the program or project including the amount and source of cash 
matching funds. Section 405 of the Act.
    (1) Section 33.32 of the regulations identifies specific programs 
which have been certified by the Bureau to meet the requirements of the 
Act. Approval will be given for implementation of any of these programs, 
if the applicant agrees to include all the critical elements in the 
program design. An applicant need only identify the program, which 
purpose it is intended to achieve, the state agency or unit of local 
government which will implement it, the funding level (including amount 
and source of match).
    (2) Applicants may request approval of programs other than one of 
those certified by the Bureau. The application must contain, in addition 
to the information in Sec. 33.41(b), a description of the program 
(including its critical elements and performance indicators) and 
evidence that it meets the criteria of offering a high probability of 
improving the functions of the criminal justice system. Evidence may 
include, but is not necessarily limited to, the results of any 
evaluations of previous tests or demonstrations of the program concept.

[[Page 495]]

    (3) Applicants may also request approval to expend up to 10 per 
centum of their funds for programs which the Director of the Bureau of 
Justice Assistance has established as priorities for discretionary 
grants under section 503 of the Act, or which are innovative programs 
that are deemed by the Director as likely to prove successful. For a 
program the same as a discretionary program, the applicant may identify 
it by name only and provide the information required under 
Sec. 33.41(b)(1) of the regulations. For an innovative program, the 
applicant must describe the program (including its critical elements and 
performance indicators) and provide evidence that it is likely to prove 
successful.
    (c) Confidential information. Applications which request funds for 
the STING Program should not state the location of the project. The 
application should only include the program designation, the funds 
involved, and the number of projects. The state agency or unit of local 
government implementing the project will be made known to the Bureau of 
Justice Assistance upon request or upon completion of the project.
    (d) Audit requirement. Applications from the state must include the 
date of the State Office's last audit and the anticipated date of the 
next audit.
    (e) Civil rights contact. Applications from the state must include 
the name of a civil rights contact person who has lead responsibility in 
insuring that all applicable civil rights requirements are met and who 
shall act as liaison in civil rights matters with the Office of Civil 
Rights Compliance of the Office of Justice Programs.
    (f) Application assurances. Applications must include the following 
assurances:
    (1) An assurance that, following the first fiscal year covered by an 
application and each fiscal year thereafter, the applicant will submit 
to the Bureau of Justice Assistance, where the applicant is a state or 
jurisdiction in a non-participating state, a performance report 
concerning the activities carried out, and an assessment of their 
impact; section 405(1) of the Act.
    (2) A certification that Federal funds made available under this 
title will not be used to supplant state or local funds, but will be 
used to increase the amounts of such funds that would, in the absence of 
Federal funds, be made available for criminal justice activities; 
section 405(2) of the Act.
    (3) An assurance that funds accounting, auditing, monitoring, and 
such evaluation procedures as may be necessary to keep such records as 
the Bureau of Justice Assistance shall prescribe will be provided to 
assure fiscal control, proper management, and efficient disbursement of 
funds received under this title; section 405(3) of the Act.
    (4) An assurance that the applicant shall maintain such data and 
information and submit such reports, in such form, at such times, and 
containing such information as the Bureau of Justice Assistance may 
require; section 405(4) of the Act.
    (5) A certification that the programs meet all the requirements, 
that all the information contained in the application is correct, that 
there has been appropriate coordination with affected agencies, and that 
the applicant will comply with all provisions of the Justice Assistance 
Act 1984 and all other applicable Federal laws; section 405(5) of the 
Act.
    (6) If the applicant is a state, an assurance that not more than 10 
percent of the aggregate amount of funds received by a State under this 
part for a fiscal year will be distributed for programs and projects 
designated as intended to achieve the purpose specified in section 
403(a)(13) of the Act; section 405(6) of the Act.
    (7) An assurance that the state will take into account the needs and 
requests of units of general local government in the state and encourage 
local initiative in the development of programs which meet the purposes 
of the Act; section 405(7) of the Act.
    (8) An assurance that the state application and any amendment to 
such application, has been submitted for review to the state legislature 
or its designated body (for purpose of this requirement, an application 
or amendment shall be deemed to be reviewed if the state legislature or 
its designated body does not review it within 60 days

[[Page 496]]

from the time it was submitted to it); section 405(8) of the Act.
    (9) An assurance that the state application and any amendment 
thereto was made public before submission to the Bureau and, to the 
extent provided under state law or established procedure, an opportunity 
to comment thereon was provided to citizens and to neighborhood and 
community groups; section 405(9) of the Act.
    (10) An assurance that the applicant will comply, and all its 
subgrantees and contractors will comply, with the non-discrimination 
requirements of the Justice Assistance Act; title VI of the Civil Rights 
Act of 1964; section 504 of the Rehabilitation Act of 1973, as amended; 
title IX of the Education Amendments of 1972; the Age Discrimination Act 
of 1975; and the Department of Justice Non-Discrimination regulations 28 
CFR part 42, subparts C, D, E, and G;
    (11) An assurance that in the event a Federal or state court or 
Federal or state administrative agency makes a finding of discrimination 
after a due process hearing on the grounds of race, color, religion, 
national orgin or sex against a recipient of funds, the recipient will 
forward a copy of the finding to the Office of Civil Rights Compliance 
(OCRC) of the Office of Justice Programs;
    (12) An assurance that the applicant will require that every 
recipient required to formulate an Equal Employment Opportunity Program 
(EEOP) in accordance with 28 CFR 42.301 et. seq., submit a certification 
to the state that it has a current EEOP on file which meets the 
requirements herein;
    (13) An assurance that the applicant will provide an EEOP, if 
required to maintain one, where the application is for $500,000 or more 
and provide the EEOP of any subgrantee of $500,000 or more;
    (14) An assurance that the applicant will comply with the provisions 
of the Office of Justice Programs ``Financial and Administrative Guide 
for Grants,'' M 7100.1;
    (15) An assurance that the applicant will comply with the provisions 
of 28 CFR applicable to grants and cooperative agreements including part 
18, Administrative Review Procedure; part 20, Criminal Justice 
Information Systems; part 22, Confidentiality of Identifiable Research 
and Statistical Information; part 23, Criminal Intelligence Systems 
Operating Policies; part 30, Intergovernmental Review of Department of 
Justice Programs and Activities; part 42; Non-discrimination Equal 
Employment Opportunity Policies and Procedures; part 61, Procedures for 
Implementing the National Environmental Policy Act; and part 63, 
Floodplain Management and Wetland Protection Procedures.
    (g) Non-participating State. If a state notifies the Bureau of 
Justice Assistance of its intent not to apply for block grant funds or 
fails to submit an application by the submission date, the Bureau will 
announce the availability of the block grant funds to local units of 
government in the non-participating state and will invite them to submit 
applications directly to the Bureau. A unit of local government 
receiving a block grant award directly from the Bureau assumes 
responsibility for all activities which would normally be the 
responsibility of the State Office.

                         Additional Requirements



Sec. 33.50  General financial requirements.

    Grants funded under the criminal justice block grant program are 
governed by the provisions of the Office of Mangement and Budget (OMB) 
Circulars applicable to financial assistance. These Circulars along with 
additional information and guidance are contained in ``Financial and 
Administrative Guide for Grants,'' Guideline Manual 7100.1, available 
from the Office of Justice Programs. This Guideline Manual provides 
information on cost allowability, methods of payment, audit, accounting 
systems and financial records.



Sec. 33.51  Audit.

    Pursuant to Office of Management and Budget Circular A-128 ``Audits 
of State and Local Governments,'' all grantees and subgrantees must 
provide for an independent audit of their activities on a periodic 
basis. For additional information on audit requirements, applicants 
should refer to the ``Financial and Administrative Guide

[[Page 497]]

for Grants,'' Guideline Manual 7100.1, Office of Justice Programs.



Sec. 33.52  Civil rights.

    The Justice Assistance Act provides that ``no person in any state 
shall on the ground of race, color, religion, national orgin, or sex be 
excluded from participation in, be denied the benefits of, or be 
subjected to discrimination under or denied employment in connection 
with any programs or activity funded in whole or in part with funds made 
available under this title.'' Section 809(c)(1) of the Act. Recipients 
of funds under the Act are also subject to the provisions of title VI of 
the Civil Rights Act of 1964; section 504 of the Rehabilitation Act of 
1973, as amended; title IX of the Education Amendments of 1972; the Age 
Discrimination Act of 1975; and the Department of Justice Non-
Discrimination regulations 28 CFR part 42, subparts C, D, E, and G.

                  Submission and Review of Applications



Sec. 33.60  General.

    This subpart describes the process and criteria for Bureau of 
Justice Assistance review and approval of state applications and 
amendments.



Sec. 33.61  Review of State applications.

    (a) Review criteria. The Act provides the basis for review and 
approval or disapproval of state applications and amendments in whole or 
in part. These are:
    (1) Compliance with the statutory requirements of the Justice 
Assistance Act and the regulations of the Bureau of Justice Assistance. 
Section 406(a)(1) of the Act.
    (2) Compliance with Executive Order 12372, ``Intergovernmental 
Review of Federal Programs.'' This program is covered by Executive Order 
12372 and Department of Justice Implementing regulations 28 CFR part 30. 
States must submit block grant applications to the state ``Single Point 
of Contact'', if there is a ``Single Point of Contact'', and if this 
program has been selected for coverage by the state process, at the same 
time applications are submitted to the Bureau of Justice Assistance. 
State processes have 60 days starting from the application submission 
date to comment on applications. Applicants should contact their state 
``Single Point of Contact'' as soon as possible to alert them of the 
prospective application and receive instructions regarding the process.
    (b) Sixty day rule. The Bureau of Justice Assistance shall approve 
or disapprove applications or amendments within sixty (60) days of 
official receipt. The application or amendment shall be considered 
approved unless the Bureau of Justice Assistance informs the applicant 
in writing of specific reasons for disapproval prior to the expiration 
of the 60-day period. Applications that are incomplete, as determined by 
the Bureau of Justice Assistance, shall not be considered officially 
received for purposes of the 60-day rule. Section 406(a)(2) of the Act.
    (c) Written notification and reasons for disapproval. The Bureau of 
Justice Assistance shall notify the applicant in writing of the specific 
reasons for the disapproval of the application or amendment, in whole or 
in part. Section 406(a)(2) of the Act.
    (d) Affirmative finding. The Bureau of Justice Assistance, prior to 
approval of the application or amendments, must make an affirmative 
finding in writing that the program or project has been reviewed in 
accordance with section 405 of the Act and is lilkely to contribute 
effectively to the achievement of the objectives of the Act. Section 
406(a)(2) of the Act.

                                 Reports



Sec. 33.70  Annual performance report.

    (a) Section 405 of the Justice Assistance Act requires that the 
state, or a local unit of government in the case of a non-participating 
state, submit annually to the Bureau of Justice Assistance a performance 
report (including an assessment of impact) concerning the activities 
carried out under the grant. These performance reports will provide the 
basis for the annual report from the Bureau to the President and the 
Congress as required by section 810 of the Act.
    (b) The performance report will describe the activities undertaken 
and results achieved of each project funded.

[[Page 498]]

It will include the data gathered on the approved performance 
indicators. The report is due to the Bureau by no later than December 31 
and must cover projects for the prior Federal fiscal year that have 
either been completed or been in operation for 12 months or more. The 
first performance report shall be due to the Bureau by December 31, 
1986.
    (c) In order to help states and localities prepare these performance 
reports, the Bureau will provide data collection forms and instructions 
that will enable information to be gathered and reported in the most 
convenient manner possible. These forms and instructions will be 
developed in consultation with states and localities.



Sec. 33.71  Initial project report.

    States are required to provide to the Bureau of Justice Assistance 
within 30 days after the award of a subgrant, an initial project report 
which provides information on the subgrant recipient (name, address, 
contact person), the subgrant period, the type of award (new or 
renewal), the subgrant funding level, and the general target area 
(geographic area, population group) to be impacted. The Bureau of 
Justice Assistance will provide a form to assist the states in reporting 
this information.

                          Suspension of Funding



Sec. 33.80  Suspension of funding.

    The Bureau of Justice Assistance shall, after reasonable notice and 
opportunity for a hearing on the record, terminate or suspend funding 
for a state that implements programs or projects which fail to conform 
to the requirements or statutory objectives of the Act, or that fails to 
comply substantially with the Justice Assistance Act, these regulations 
or the terms and conditions of its grant award. Hearing and appeal 
procedures are set forth in Department of Justice regulations 28 CFR 
part 18.



 Subpart B--Bulletproof Vest Partnership Grant Program Applying for the 
                                 Program

    Source: 63 FR 50761, Sept. 23, 1998, unless otherwise noted.



Sec. 33.100  Definitions.

    The Bureau of Justice Assistance (BJA) will use the following 
definitions in providing guidance to your jurisdiction regarding the 
purchase of armor vests under the Bulletproof Vest Partnership Grant Act 
of 1998--
    (a) The term program will refer to the activities administered by 
BJA to implement the Bulletproof Vest Partnership Grant Act of 1998;
    (b) The terms you and your will refer to a jurisdiction applying to 
this program;
    (c) The term armor vest under this program will mean a vest that has 
met the performance standards established by the National Law 
Enforcement and Corrections Technology Center of the National Institute 
of Justice (NIJ) as published in NIJ Standard 0101.03, or any formal 
revision of this standard;
    (d) The term State will be used to mean each of the 50 States, as 
well as the District of Columbia, the Commonwealth of Puerto Rico, the 
United States Virgin Islands, American Samoa, Guam, and the Northern 
Mariana Islands;
    (e) The term unit of local government will mean a county, 
municipality, town, township, village, parish, borough, or other unit of 
general government below the State level;
    (f) The term Indian tribe has the same meaning as in section 4(e) of 
the Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450b(e)) which defines Indian tribe as meaning any Indian tribe, band, 
nation, or other organized group or community, including any Alaska 
Native village or regional or village corporation as defined in or 
established pursuant to the Alaska Native Claims Settlement Act (85 
Stat. 688) (43 U.S.C. 1601 et seq.);

[[Page 499]]

    (g) The term law enforcement officer will mean any officer, agent, 
or employee of a State, unit of local government, or Indian tribe 
authorized by law or by a government agency to engage in or supervise 
the prevention, detection, or investigation of any violation of criminal 
law, or authorized by law to supervise sentenced criminal offenders; and
    (h) The term mandatory wear policy will mean a policy formally 
adopted by a jurisdiction that requires a law enforcement officer to 
wear an armor vest throughout each duty shift whenever feasible.



Sec. 33.101  Standards and requirements.

    This program has been developed to assist your jurisdiction with 
selecting and obtaining high quality armor vests in the quickest and 
easiest manner available. The program will assist your jurisdiction in 
determining which type of armor vest will best suit your jurisdiction's 
needs, and will ensure that each armor vest obtained through this 
program meets the NIJ standard.
    (a) Your jurisdiction will be provided with model numbers for armor 
vests that meet the NIJ Standard in order to ensure your jurisdiction 
receives the approved vests in the quickest manner;
    (b) If you are a State or unit of local government, your 
jurisdiction will be required to partner with the Federal government in 
this program by paying at least 50 percent of the total cost for each 
armor vest purchased under this program. These matching funds may not be 
obtained from another Federal source;
    (c) If you are an Indian tribe, your jurisdiction will be required 
to partner with the Federal government in this program by paying at 
least 50 percent of the total cost for each armor vest purchased under 
this program. Total cost will include the cost of the armor vests, 
taxes, shipping, and handling. You may use any funds appropriated by 
Congress toward the performing of law enforcement functions on your 
lands as matching funds for this program or any funds appropriated by 
Congress for the activities of any agency of your tribal government;
    (d) BJA will conduct outreach to ensure that at least half of all 
funds available for armor vest purchases be given to units of local 
government with fewer than 100,000 residents;
    (e) Each State government is responsible for coordinating the needs 
of law enforcement officers across agencies within its own jurisdiction 
and making one application per fiscal year;
    (f) Each unit of local government and Indian tribe is responsible 
for coordinating the needs of law enforcement officers across agencies 
within its own jurisdiction and making one application per fiscal year;
    (g) Your individual jurisdiction may not receive more than 5 percent 
of the total program funds in any fiscal year;
    (h) The 50 States, the District of Columbia, and the Commonwealth of 
Puerto Rico, together with their units of local government, each may not 
receive less than one half percent and not more than 20 percent of the 
total program funds during a fiscal year;
    (i) The United States Virgin Islands, American Samoa, Guam, and the 
Northern Mariana Islands, together with their units of local government, 
each may not receive less than one fourth percent and not more than 20 
percent of the total program funds during a fiscal year; and
    (j) If your jurisdiction also is applying for a Local Law 
Enforcement Block Grant (LLEBG), then you will be asked to certify:
    (1) Whether LLEBG funds will be used to purchase vests; and, if not,
    (2) Whether your jurisdiction considered using LLEBG funds to 
purchase vests, but has concluded it will not use its LLEBG funds in 
that manner.



Sec. 33.102  Preferences.

    BJA may give preferential consideration, at its discretion, to an 
application from a jurisdiction that--
    (a) Has the greatest need for armor vests based on the percentage of 
law enforcement officers who do not have access to an armor vest;
    (b) Has, or will institute, a mandatory wear policy that requires 
on-duty law enforcement officers to wear armor vests whenever feasible; 
and
    (c) Has a violent crime rate at or above the national average as 
determined by the Federal Bureau of Investigation; or

[[Page 500]]

    (d) Has not received a Local Law Enforcement Block Grant.



Sec. 33.103  How to apply.

    BJA will issue Guidelines regarding the process to follow in 
applying to the program for grants of armor vests.