Washington : Government Printing Office
Congress finds that the high incidence of crime in the United States threatens the peace, security, and general welfare of the Nation and its citizens. To prevent crime and to insure the greater safety of the people, law enforcement efforts must be better coordinated, intensifed, and made more effective at all levels of government.
Congress finds further that crime is essentially a local problem that must be dealt with by State and local governments if it is to be controlled effectively.
It is therefore the declared policy of the Congress to assist State and local governments in strengthening and improving law enforcement at every level by national assistance. It is the purpose of this chapter to (1) encourage States and units of general local government to prepare and adopt comprehensive plans based upon their evaluation of State and local problems of law enforcement; (2) authorize grants to States and units of local government in order to improve and strengthen law enforcement; and (3) encourage research and development directed toward the improvement of law enforcement and the development of new methods for the prevention and reduction of crime and the detection and apprehension of criminals. (Pub. L. 90-351, title 1, § 100, June 19, 1968, 82 Stat. 197.)
(a) Establishment; general authority of Attorney General over Administration; membership; appointment; political representation.
There is hereby established within the Department of Justice under the general authority of the Attorney General, a Law Enforcement Assistance Administration (hereinafter referred to in this
chapter as "Administration") composed of an Administrator of Law Enforcement Assistance and two Associate Administrators of Law Enforcement Assistance, who shall be appointed by the President, by and with the advice and consent of the Senate. Beginning after the end of the term of either of the present incumbents, one of the Associate Administrators shall be a member of a political party other than that of the President.
(b) Executive status and powers of Administrator; functions, powers, and duties of Administration.
The Administrator shall be the executive head of the agency and shall exercise all administrative powers, including the appointment and supervision of Administration personnel. All of the other functions, powers, and duties created and established by this chapter shall be exercised by the Administrator with the concurrence of either one or both of the two Associate Administrators. (Pub. L. 90-351, title I, § 101, June 19, 1968, 82 Stat. 198; Pub. L. 91-644, title I, § 2, Jan. 2, 1971, 84 Stat. 1881.)
It is the purpose of this subchapter to encourage States and units of general local government to prepare and adopt comprehensive law enforcement plans based on their evaluation of State and local problems of law enforcement. (Pub. L. 90-351, title I, § 201, June 19, 1968, 82 Stat. 198.)
The Administration shall make grants to the States for the establishment and operation of State law enforcement planning agencies (hereinafter referred to in this chapter as "State planning agencies") for the preparation, development, and revision of the State plans required under section 3733 of this title. Any State may make application to the Administration for such grants within six months of June 19, 1968. (Pub. L. 90-351, title I, § 202, June 19, 1968, 82 Stat. 198.)
(a) Establishment and maintenance; creation or designation by chief executive; representative capacity.
A grant made under this subchapter to a State shall be utilized by the State to establish and maintain a State planning agency. Such agency shall be created or designated by the chief executive of the State and shall be subject to his jurisdiction. The State planning agency and any regional planning units within the State shall, within their respective jurisdictions, be representative of the law enforcement agencies, units of general local government, and public agencies maintaining programs to reduce and control crime.
(b) Function, powers, and duties of State planning agencies.
The State planning agency shall—
(1) develop, in accordance with subchapter III of this chapter, a comprehensive statewide plan for the improvement of law enforcement throughout the State;
(2) define, develop, and correlate programs and projects for the State and the units of general local government in the State or combinations of States or units for improvement in law enforcement; and
(3) establish priorities for the improvement in law enforcement throughout the State.
(c) Availability of Federal funds to local government units for formulation and development of State plan; waiver of requirement; funds for major cities and counties.
The State planning agency shall make such arrangements as such agency deems necessary to provide that at least 40 per centum of all Federal funds granted to such agency under this subchapter for any fiscal year will be available to units of general local government or combinations of such units to enable such units and combinations of such units to participate in the formulation of the comprehensive State plan required under this subchapter. The Administration may waive this requirement, in whole or in part, upon a finding that the requirement is inappropriate in view of the respective law enforcement planning responsibilities exercised by the State and its units of general local government and that adherence to the requirement would not contribute to the efficient development of the State plan required under this subchapter. In allocating funds under this subsection, the State planning agency shall assure that major cities and counties within the State receive planning funds to develop comprehensive plans and coordinate functions at the local level. Any portion of such 40 per centum in any State for any fiscal year not required for the purpose set forth in this subsection shall be available for expenditure by such State agency from time to time on dates during such year as the Administration may fix, for the development by it of the State plan required under this subchapter. (Pub. L. 90-351, title I, § 203, June 19, 1968, 82 Stat. 199; Pub. L. 91-644, title I, § 3(a)—(c), Jan. 2, 1971, 84 Stat. 1881.)
A Federal grant authorized under this subchapter shall not exceed 90 per centum of the expenses of the establishment and operation of the State planning agency, including the preparation, development, and revision of the plans required by subchapter III of this chapter. (Pub. L. 90-351, title I, § 204, June 19, 1968, 82 Stat. 199; Pub. L. 91-644, title I, § 3(d), Jan. 2, 1971, 84 Stat. 1881.)
Funds appropriated to make grants under this subchapter for a fiscal year shall be allocated by the Administration among the States for use therein by the State planning agency or units of general local government, as the case may be. The Administration shall allocate $100,000 to each of the States; and it shall then allocate the remainder of such funds available among the States according to their relative populations. (Pub. L. 90-351, title I, § 205, June 19, 1968, 82 Stat. 199.)
(a) Statement of purpose.
It is the purpose of this subchapter to encourage States and units of general local government to carry out programs and projects to improve and strengthen law enforcement.
(b) Categories of programs and projects.
The Administration is authorized to make grants to States having comprehensive State plans approved by it under this subchapter, for—
(1) Public protection, including the development, demonstration, evaluation, implementation, and purchase of methods, devices, facilities, and equipment designed to improve and strengthen law enforcement and reduce crime in public and private places.
(2) The recruiting of law enforcement personnel and the training of personnel in law enforcement.
(3) Public education relating to crime prevention and encouraging respect for law and order, including education programs in schools and programs to improve public understanding of and cooperation with law enforcement agencies.
(4) Constructing buildings or other physical facilities which would fulfill or implement the purpose of this section, including local correctional facilities, centers for the treatment of narcotic addicts and temporary courtroom facilities in areas of high crime incidence.
(5) The organization, education, and training of special law enforcement units to combat organized crime, including the establishment and development of State organized crime prevention councils, the recruiting and training of special investigative and prosecuting personnel, and the development of systems for collecting, storing, and disseminating information relating to the control of organized crime.
(6) The organization, education, and training of regular law enforcement officers, special law enforcement units, and law enforcement reserve units for the prevention, detection, and control of riots and other violent civil disorders, including the acquisition of riot control equipment.
(7) The recruiting, organization, training and education of community service officers to serve with and assist local and State law enforcement agencies in the discharge of their duties through such activities as recruiting; improvement of police-community relations and grievance resolution mechanisms; community patrol activities; encouragement of neighborhood participation in crime prevention and public safety efforts; and other activities designed to improve police capabilities, public safety and the objectives of this section: Provided, That in no case shall a grant be made under this subcategory without the approval of the local government or local law enforcement agency.
(8) The establishment of a Criminal Justice Coordinating Council for any unit of general local government or any combination of such units within the State, having a population of two hundred and fifty thousand or more, to assure improved planning and coordination of all law enforcement activities.
(9) The development and operation of community based delinquent prevention and correctional programs, emphasizing halfway houses and other community based rehabilitation centers for initial preconviction or postconviction referral of offenders; expanded probationary programs, including paraprofessional and volunteer participation; and community service centers for the guidance and supervision of potential repeat youthful offenders.
(c) Percentage of grant; limitation; land acquisition prohibition; Federal share for grants to Indian tribes or other aboriginal groups; State appropriation of moneys for State share of non-Federal funding of program costs.
The portion of any Federal grant made under this section for the purposes of paragraph (5) or (6) of subsection (b) of this section may be up to 75 per centum of the cost of the program or project specified in the application for such grant. The portion of any Federal grant made under this section for the purposes of paragraph (4) of subsection (b) of this section may be up to 50 per centum of the cost of the program or project specified in the application for such grant. The portion of any Federal grant made under this section to be used for any other purpose set forth in this section may be up to 75 per centum of the cost of the program or project specified in the application for such grant. No part of any grant made under this section for the purpose of renting, leasing, or constructing buildings or other physical facilities shall be used for land acquisition. In the case of a grant under this section to an Indian tribe or other aboriginal group, if the Administration determines that the tribe or group does not have sufficient funds available to meet the local share of the cost of any program or project to be funded under the grant, the Administration may increase the Federal share of the cost thereof to the extent it deems necessary. Effective July 1, 1972, at least 40 per centum of the non-Federal funding of the cost of any program or project to be funded by a grant under this section shall be of money appropriated in the aggregate, by State or individual unit of government, for the purpose of the shared funding of such programs or projects.
(d) Compensation of personnel; limitations.
Not more than one-third of any grant made under this section may be expended for the compensation of police and other regular law enforcement personnel. The amount of any such grant expanded1 for the compensation of such personnel shall not exceed the amount of State or local funds made available to increase such compensation. The limitations contained in this subsection shall not apply to the compensation of personnel for time engaged in conducting or undergoing training programs or to the compensation of personnel engaged in research, development, demonstration or other short-term programs. (Pub. L. 90-351, title I; § 301, June 19, 1968, 82 Stat. 199; Pub. L. 91-644, title I, § 4(1)-(4), Jan. 2, 1971, 84 Stat. 1882.)
Any State desiring to participate in the grant program under this subchapter shall establish a State planning agency as described in subchapter II of this chapter and shall within six months after approval of a planning grant under subchapter II of this chapter submit to the Administration through such State planning agency a comprehensive State plan formulated pursuant to subchapter II of this chapter. (Pub. L. 90-351, title I, § 302, June 19, 1968, 82 Stat. 200.)
The Administration shall make grants under this chapter to a State planning agency if such agency has on file with the Administration an approved comprehensive State plan (not more than one year in age) which conforms with the purposes and requirements of this chapter. No state plan shall be approved as comprehensive unless the Administration finds that the plan provides for the allocation of adequate assistance
to deal with law enforcement problems in areas characterized by both high crime incidence and high law enforcement activity. Each such plan shall—
(1) provide for the administration of such grants by the State planning agency;
(2) provide that at least 75 per centum of all Federal funds granted to the State planning agency under this subchapter for any fiscal year will be available to units of general local government or combinations of such units for the development and implementation of programs and projects for the improvement of law enforcement, except that each such plan shall provide that beginning July 1, 1972, at least the per centum of Federal assistance granted to the State planning agency under this subchapter for any fiscal year which corresponds to the per centum of the State and local law enforcement expenditures funded and expended in the immediately preceding fiscal year by units of general local government will be made available to such units or combinations of such units in the immediately following fiscal year for the development and implementation of programs and projects for the improvement of law enforcement, and that with respect to such programs or projects, the State will provide in the aggregate not less than one-fourth of the non-Federal funding. Per centum determinations under this paragraph for law enforcement funding and expenditures for such immediately preceding fiscal year shall be based upon the most accurate and complete data available for such fiscal year or for the last fiscal year for which such data are available. The Administration shall have the authority to approve such determinations and to review the accuracy and completeness of such data;
(3) adequately take into account the needs and requests of the units of general local government in the State and encourage local initiative in the development of programs and projects for improvements in law enforcement, and provide for an appropriately balanced allocation of funds between the State and the units of general local government in the State and among such units;
(4) incorporate innovations and advanced techniques and contain a comprehensive outline of priorities for the improvement and coordination of all aspects of law enforcement dealt with in the plan, including descriptions of: (A) general needs and problems; (B) existing systems; (C) available resources; (D) organizational systems and administrative machinery for implementing the plan; (E) the direction, scope, and general types of improvements to be made in the future; and (F) to the extent appropriate, the relationship of the plan to other relevant State or local law enforcement plans and systems;
(5) provide for effective utilization of existing facilities and permit and encourage units of general local government to combine or provide for cooperative arrangements with respect to services, facilities, and equipment;
(6) provide for research and development;
(7) provide for appropriate review of procedures of actions taken by the State planning agency disapproving an application for which funds are available or terminating or refusing to continue financial assistance to units of general local government or combinations of such units;
(8) demonstrate the willingness of the State and units of general local government to assume the costs of improvements funded under this subchapter after a reasonable period of Federal assistance;
(9) demonstrate the willingness of the State to contribute technical assistance or services for programs and projects contemplated by the statewide comprehensive plan and the programs and projects contemplated by units of general local government;
(10) set forth policies and procedures designed to assure that Federal funds made available under this chapter will be so used as not to supplant State or local funds, but to increase the amounts of such funds that would in the absence of such Federal funds be made available for law enforcement;
(11) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting of funds received under this subchapter; and
(12) provide for the submission of such reports in such form and containing such information as the administration may reasonably require.
Any portion of the 75 per centum to be made available pursuant to paragraph (2) of this section in any State in any fiscal year not required for the purposes set forth in such paragraph (2) shall be available for expenditure by such State agency from time to time on dates during such year as the Administration may fix, for the development and implementation of programs and projects for the improvement of law enforcement and in conformity with the State plan. (Pub. L. 90-351, title I, § 303, June 19, 1968, 82 Stat. 201; Pub. L. 91-644, title I, § 4(5), (6), Jan. 2, 1971, 84 Stat. 1883.)
State planning agencies shall receive applications for financial assistance from units of general local government and combinations of such units. When a State planning agency determines that such an application is in accordance with the purposes stated in section 3731 of this title and is in conformance with any existing statewide comprehensive law enforcement plan, the State planning agency is authorized to disburse funds to the applicant. (Pub. L. 90-351, title I, § 304, June 19, 1968, 82 Stat. 202.)
Where a State has failed to have a comprehensive State plan approved under this chapter within the period specified by the Administration for such purpose, the funds allocated for such State under paragraph (1) of section 3736(a) of this title shall be available for reallocation by the Administration under paragraph (2) of section 3736(a) of this title. (Pub. L. 90-351, title I, § 305, June 19, 1968, 82 Stat. 202; Pub. L. 91-644, title I, § 4(7), Jan. 2, 1971, 84 Stat. 1883.)
(a) Percentage limitation; land acquisition prohibition; Federal share for grants to Indian tribes or other aboriginal groups; State appropriation of moneys for State share of non-Federal funding of program costs.
The funds appropriated each fiscal year to make grants under this subchapter shall be allocated by the Administration as follows:
(1) Eighty-five per centum of such funds shall be allocated among the States according to their respective populations for grants to State planning agencies.
(2) Fifteen per centum for such funds, plus any additional amounts made available by virtue of the application of the provisions of sections 3735 and 3757 of this title to the grant of any State, may, in the discretion of the Administration, be allocated among the States for grants to State planning agencies, units of general local government, or combinations of such units, according to the criteria and on the terms and conditions the Administration determines consistent with this chapter.
Any grant made from funds available under paragraph (2) of this subsection may be up to 75 per centum of the cost of the program or project for which such grant is made. No part of any grant under such paragraph for the purpose of renting, leasing, or constructing buildings or other physical facilities shall be used for land acquisition. In the case of a grant under such paragraph to an Indian tribe or other aboriginal group, if the Administration determines that the tribe or group does not have sufficient funds available to meet the local share of the costs of any program or project to be funded under the grant, the Administration may increase the Federal share of the cost thereof to the extent it deems necessary. The limitations on the expenditure of portions of grants for the compensation of personnel in sub-section (d) of section 3731 of this title shall apply to a grant under such paragraph. Effective July 1, 1972, at least 40 per centum of the non-Federal fundings of the cost of any program or project to be funded by a grant under such paragraph shall be of money appropriated in the aggregate, by State or individual unit of government, for the purpose of the shared funding of such programs or projects.
(b) Reallocation of funds.
If the Administration determines, on the basis of information available to it during any fiscal year, that a portion of the funds allocated to a State for that fiscal year for grants to the State planning agency of the State will not be required by the State, or that the State will be unable to qualify to receive any portion of the funds under the requirements of this subchapter, that portion shall be available for reallocation to other States under paragraph (1) of subsection (a) of this section. (Pub. L. 90-351, title I, § 306, June 19, 1968, 82 Stat. 202; Pub. L. 91-644, § 4(8), Jan. 2, 1971, 84 Stat. 1883.)
(a) In making grants under this subchapter, the Administration and each State planning agency, as the case may be, shall give special emphasis, where appropriate or feasible, to programs and projects dealing with the prevention, detection, and control of organized crime and of riots and other violent civil disorders.
(b) Notwithstanding the provisions of section 3733 of this title, until August 31, 1968, the Administration is authorized to make grants for programs and projects dealing with the prevention, detection, and control of riots and other violent civil disorders on the basis of applications describing in detail the programs, projects, and costs of the items for which the grants will be used, and the relationship of the programs and projects to the applicant's general program for the improvement of law enforcement. (Pub. L. 90-351, title I, § 307, June 19, 1968, 82 Stat. 202.)
It is the purpose of this subchapter to encourage States and units of general local government to develop and implement programs and projects for the construction, acquisition, and renovation of correctional institutions and facilities, and for the improvement of correctional programs and practices. (Pub. L. 90-351, title I, § 451, as added Pub. L. 91-644, title I, § 6(a), Jan. 2, 1971, 84 Stat. 1885.)
A State desiring to receive a grant under this subchapter for any fiscal year shall, consistent with the basic criteria which the Administration establishes under section 3750c of this title, incorporate its application for such grant in the comprehensive State plan submitted to the Administration for that fiscal year in accordance with section 3732 of this title. (Pub. L. 90-351, title I, § 452, as added Pub. L. 91-644, title I, § 6(a), Jan. 2, 1971, 84 Stat. 1885.)
The Administration is authorized to make a grant under this subchapter to a State planning agency if the application, incorporated in the comprehensive State plan—
(1) sets forth a comprehensive statewide program for the construction, acquisition, or renovation of correctional institutions and facilities in the State and the improvement of correctional programs and practices throughout the State;
(2) provides satisfactory assurances that the control of the funds and title to property derived therefrom shall be in a public agency for the uses and purposes provided in this subchapter and that a public agency will administer those funds and that property;
(3) provides satisfactory assurances that the availability of funds under this subchapter shall not reduce the amount of funds under subchapter III of this chapter which a State would, in the absence of funds under this sub-chapter, allocate for purposes of this part;
(4) provides satisfactory emphasis on the development and operation of community-based correctional facilities and programs, including diagnostic services, halfway houses, probation, and other supervisory release programs for preadjudication and postadjudication referral of delinquents, youthful offenders, and first offenders, and community-oriented programs for the supervision of parolees;
(5) provides for advanced techniques in the design of institutions and facilities;
(6) provides, where feasible and desirable, for the sharing of correctional institutions and facilities on a regional basis;
(7) provides satisfactory assurances that the personnel standards and programs of the institutions and facilities will reflect advanced practices;
(8) provides satisfactory assurances that the State is engaging in projects and programs to improve the recruiting, organization, training, and education of personnel employed in correctional activities, including those of probation, parole, and rehabilitation; and
(9) complies with the same requirements established for comprehensive State plans under paragraphs (1), (3), (4), (5) ,(7), (8), (9), (10), (11) and (12) of section 3733 of this title.
(Pub. L. 90-351, title I, § 453, as added Pub. L. 91-644, title I, § 6(a), Jan. 2, 1971, 84 Stat. 1886.)
The Administration shall, after consultation with the Federal Bureau of Prisons, by regulation prescribe basic criteria for applicants and grantees under this subchapter. (Pub. L. 90-351, title I, § 454, as added Pub. L. 91-644, title I, § 6(a), Jan. 2, 1971, 84 Stat. 1886.)
(a) The funds appropriated each fiscal year to make grants under this subchapter shall be allocated by the Administration as follows:
(1) Fifty per centum of the funds shall be available for grants to State planning agencies.
(2) The remaining fifty per centum of the funds may be made available, as the Administration may determine, to State planning agencies, units of general local government, or combinations of such units, according to the criteria and on the terms and conditions the Administration determines consistent with this subchapter.
Any grant made from funds available under this subchapter may be up to 75 per centum of the cost of the program or project for which such grant is made. No funds awarded under this subchapter may be used for land acquisition.
(b) If the Administration determines, on the basis of information available to it during any fiscal year, that a portion of the funds granted to an applicant for that fiscal year will not be required by the applicant or will become available by virtue of the application of the provisions of section 3757 of this title, that portion shall be available for reallocation under paragraph (2) of subsection (a) of this section. (Pub. L. 90-351, title I, § 455, as added Pub. L. 91-644, title I, § 6(a), Jan. 2, 1971, 84 Stat. 1886.)
The Administration is authorized, after appropriate consultation with representatives of States and units of general local governments, to establish such rules, regulations, and procedures as are necessary to the exercise of its functions, and are consistent with the stated purpose of this chapter. (Pub. L. 90-351, title I, § 501, June 19, 1968, 82 Stat. 205.)
The Administration may delegate to any officer or official of the Administration, or, with the approval of the Attorney General, to any officer of the Department of Justice such functions as it deems appropriate. (Pub. L. 90-351, title I, § 502, June 19, 1968, 82 Stat. 205.)
The functions, powers, and duties specified in this chapter to be carried out by the Administration shall not be transferred elsewhere in the Department of Justice unless specifically hereafter authorized by the Congress. (Pub. L. 90-351, title I, § 503, June 19, 1968, 82 Stat. 205.)
In carrying out its functions, the Administration, or upon authorization of the Administration, any member thereof or any hearing examiner assigned to or employed by the Administration, shall have the power to hold hearings, sign and issue subpenas, administer oaths, examine witnesses, and receive evidence at any place in the United States it may designate. (Pub. L. 90-351, title I, § 504, June 19, 1968 82 Stat. 205.)
The Administration is authorized, on a reimbursable basis when appropriate, to use the available services, equipment, personnel, and facilities of the Department of Justice and of other civilian or military agencies and instrumentalities of the Federal Government, and to cooperate with the Department of Justice and such other agencies and instrumentalities in the establishment and use of services, equipment, personnel, and facilities of the Administration. The Administration is further authorized to confer with and avail itself of the cooperation, services, records, and facilities of State, municipal, or other local agencies, and to receive and utilize, for the purposes of this chapter, property donated or transferred for the purposes of testing by any other Federal agencies, States, units of general local government, public or private agencies or organizations, institutions of higher education, or individuals. (Pub. L. 90-351, title I, § 508, June 19, 1968, 82 Stat. 205; Pub. L. 91-644, title I, § 7(3), Jan. 2, 1971, 84 Stat. 1887.)
Whenever the Administration, after reasonable notice and opportunity for hearing to an applicant or a grantee under this chapter, finds that, with respect to any payments made or to be made under this chapter, there is a substantial failure to comply with—
(a) the provisions of this chapter;
(b) regulations promulgated by the Administration under this chapter; or
(c) a plan or application submitted in accordance with the provisions of this chapter;
the Administration shall notify such applicant or grantee that further payments shall not be made (or in its discretion that further payments shall not be made for activities in which there is such failure), until there is no longer such failure. (Pub. L. 90-351, title I, § 509, June 19, 1968, 82 Stat. 206.)
(a) Finality of action.
In carrying out the functions vested by this chapter in the Administration, the determination, findings, and conclusions of the Administration shall be final and conclusive upon all applicants, except as hereafter provided.
(b) Notice and hearing.
If the application has been rejected or an applicant has been denied a grant or has had a grant, or any portion of a grant, discontinued, or has been given a grant in a lesser amount than such applicant believes appropriate under the provisions of this chapter, the Administration shall notify the applicant or grantee of its action and set forth the reason for the action taken. Whenever an applicant or grantee requests a hearing on action taken by the Administration on an application or a grant the Administration, or any authorized officer thereof, is authorized and directed to hold such hearings or investigations at such times and places as the Administration deems necessary, following appropriate and adequate notice to such applicant; and the findings of fact and determinations made by the Administration with respect thereto shall be final and conclusive, except as otherwise provided herein.
(c) Rehearing; additional information.
If such applicant is still dissatisfied with the findings and determinations of the Administration, following the notice and hearing provided for in subsection (b) of this section, a request may be made for rehearing, under such regulations and procedures as the Administration may establish, and such applicant shall be afforded an opportunity to present such additional information as may be deemed appropriate and pertinent to the matter involved. The findings and determinations of the Administration, following such rehearing, shall be final and conclusive upon all parties concerned, except as hereafter provided. (Pub. L. 90-351, title I, § 510, June 19, 1968, 82 Stat. 206.)
(a) Petition; record.
If any applicant or grantee is dissatisfied with the Administration's final action with respect to the approval of its application or plan submitted under this chapter, or any applicant or grantee is dissatisfied with the Administration's final action under section 3757 or section 3758 of this title, such applicant or grantee may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such applicant or grantee is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Administration. The Administration shall thereupon file in the court the record of the proceedings on which the action of the Administration was based, as provided in section 2112 of Title 28.
(b) Conclusiveness of determinations.
The determinations and the findings of fact by the Administration, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Administration to take further evidence. The Administration may thereupon make new or modified findings of fact and may modify its previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact or determinations shall likewise be conclusive if supported by substantial evidence.
(c) Jurisdiction of courts of appeals; review by Supreme Court.
Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Administration or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of Title 28. (Pub. L. 90-351, title I, § 511, June 19, 1968, 82 Stat. 206.)
Unless otherwise specified in this chapter, the Administration shall carry out the programs provided for in this chapter during the fiscal year ending June 30, 1968, and the five succeeding fiscal years. (Pub. L. 90-351, title I, § 512, June 19, 1968, 82 Stat. 207.)
To insure that all Federal assistance to State and local programs under this chapter is carried out in a coordinated manner, the Administration is authorized to request any Federal department or agency to supply such statistics, data, program reports, and other material as the Administration deems necessary to carry out its functions under this chapter. Each such department or agency is authorized to cooperate with the Administration and, to the extent permitted by law, to furnish such materials to the Administration. Any Federal department or agency engaged in administering programs related to this chapter shall, to the maximum extent practicable, consult with and seek advice from the Administration to insure fully coordinated efforts, and the Administration shall undertake to coordinate such efforts. (Pub. L. 90-351, title I, § 513, June 19, 1968, 82 Stat. 207.)
The Administration may arrange with and reimburse the heads of other Federal departments and agencies for the performance of any of its functions under this chapter. (Pub. L. 90-351, title I, § 514, June 19, 1968, 82 Stat. 207.)
The Administration is authorized—
(a) to conduct evaluation studies of the programs and activities assisted under this chapter;
(b) to collect, evaluate, publish, and disseminate statistics and other information on the condition and progress of law enforcement in the several States; and
(c) to cooperate with and render technical assistance to States, units of general local government, combinations of such States or units, or other public or private agencies, organizations, or institutions in matters relating to law enforcement.
Funds appropriated for the purposes of this section may be expended by grant or contract, as the Administration may determine to be appropriate.
(Pub. L. 90-351, title I, § 515, June 19, 1968, 82 Stat. 207; Pub. L. 91-644, title I, § 7(4), Jan. 2, 1971, 84 Stat. 1887.)
(a) Installments; advances or reimbursement; payment of expenses for attending conferences or other assemblages notwithstanding prohibition of section 551 of Title 31.
Payments under this chapter may be made in installments, and in advance or by way of reimbursement, as may be determined by the Administration, and may be used to pay the transportation and subsistence expenses of persons attending conferences or other assemblages notwithstanding the provisions of the Joint Resolution
entitled "Joint Resolution to prohibit expenditure of any moneys for housing, feeding, or transporting conventions or meetings" (section 551 of Title 31).
(b) Maximum sum for anyone State.
Not more than 12 per centum of the sums appropriated for any fiscal year to carry out the provisions of this chapter may be used within any one State except that this limitation shall not apply to grants made pursuant to subchapter IV of this chapter. (Pub. L. 90-351, title I, § 516, June 19, 1968, 82 Stat. 207; Pub. L. 91-644, title I, § 7(5), Jan. 2, 1971, 84 Stat. 1887.)
(a) Federal direction, supervision or control of State police force or other law enforcement agency.
Nothing contained in this chapter or any other Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over any police force or any other law enforcement agency of any State or any political subdivision thereof.
(b) Administration achievement or elimination of racial balance or imbalance through adoption of percentage ratio, quota system or other program.
Notwithstanding any other provision of law nothing contained in this chapter shall be construed to authorize the Administration (1) to require, or condition the availability or amount of a grant upon, the adoption by an applicant or grantee under this chapter of a percentage ratio, quota system, or other program to achieve racial balance or to eliminate racial imbalance in any law enforcement agency, or (2) to deny or discontinue a grant because of the refusal of an applicant or grantee under this chapter to adopt such a ratio, system, or other program. (Pub. L. 90-351, title I, § 518, June 19, 1968, 82 Stat. 208.)
(a) On or before December 31 of each year, the Administration shall report to the President and to the Congress on activities pursuant to the provisions of this chapter during the preceding fiscal year.
(b) Not later than May 1, 1971, the Administration shall submit to the President and to the Congress recommendations for legislation to assist in the purposes of this chapter with respect to promoting the integrity and accuracy of criminal justice data collection, processing, and dissemination systems funded in whole or in part by the Federal Government, and protecting the constitutional rights of all persons covered or affected by such systems. (Pub. L. 90-351, title I, § 519, June 19, 1968, 82 Stat. 208; Pub. L. 91-644, title I, § 7(7), Jan. 2, 1971, 84 Stat. 1888.)
There is authorized to be appropriated $650,000,000 for the fiscal year ending June 30, 1971, of which $120,000,000 shall be for the purposes of subchapter IV-A of this chapter; $1,150,000,000 for the fiscal year ending June 30, 1972, and $1,750,000,000 for the fiscal year ending June 30, 1973. Funds appropriated for any fiscal year may remain available for obligation until expended. Beginning in the fiscal year ending June 30, 1972, and in each fiscal year thereafter there shall be allocated for the purposes of subchapter IV-A of this chapter an amount equal to not less than 20 per centum of the amount allocated for the purposes of subchapter III of this chapter. (Pub. L. 90-351, title I, § 520, June 19, 1968, 82 Stat. 208; Pub. L. 90-462, § 1, Aug. 8, 1968, 82 Stat. 638; Pub. L. 91-644, title I, § 7(8), Jan. 2, 1971, 84 Stat. 1888.)
(a) Scope of information.
Each recipient of assistance under this Act shall keep such records as the Administration shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.
(b) Access; audits and examinations.
The Administration and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for purpose of audit and examinations to any books, documents, papers, and records of the recipients that are pertinent to the grants received under this chapter.
(c) Primary grants or contracts and subgrants or subcontracts.
The provisions of this section shall apply to all recipients of assistance under this Act, whether by direct grant or contract from the Administration or by subgrant or subcontract from primary grantees or contractors of the Administration. (Pub. L. 90-351, title I, § 521, June 19, 1968, 82 Stat. 208; Pub. L. 91-644, title I, § 7(9), Jan. 2, 1971, 84 Stat. 1888.)
As used in this chapter—
(a) Law enforcement.
"Law enforcement" means any activity 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, activities of courts having criminal jurisdiction and related agencies, activities of corrections, probation, or parole authorities, and programs relating to the prevention, control, or reduction of juvenile delinquency or narcotic addiction.
(b) Organized crime.
"Organized crime" means the unlawful activities of the members of a highly organized, disciplined association engaged in supplying illegal goods and services, including but not limited to gambling, prostitution, loan sharking, narcotics, labor racketeering, and other unlawful activities of members of such organizations.
(c) State.
"State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
(d) Unit of general local government.
"Unit of general local government" means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State, an Indian tribe which performs law enforcement functions as determined by the
Secretary of the Interior, or, for the purpose of assistance eligibility, any agency of the District of Columbia government or the United States Government performing law enforcement functions in and for the District of Columbia and funds appropriated by the Congress for the activities of such agencies may be used to provide the non-Federal share of the cost of programs or projects funded under this chapter; provided, however, that such assistance eligibility of any agency of the United States Government shall be for the sole purpose of facilitating the transfer of criminal jurisdiction from the United States District Court for the District of Columbia to the Superior Court of the District of Columbia pursuant to the District of Columbia Court Reform and Criminal Procedure Act of 1970.
(e) Combination.
"Combination" as applied to States or units of general local government means any grouping or joining together of such States or units for the purpose of preparing, developing, or implementing a law enforcement plan.
(f) Construction.
"Construction" means the erection, acquisition, expansion, or repair (but not including minor remodeling or minor repairs) of new or existing buildings or other physical facilities, and the acquisition or installation of initial equipment therefor.
(g) State organized crime prevention council.
"State organized crime prevention council" means a council composed of not more than seven persons established pursuant to State law or established by the chief executive of the State for the purpose of this chapter, or an existing agency so designated, which council shall be broadly representative of law enforcement officials within such State and whose members by virtue of their training or experience shall be knowledgeable in the prevention and control of organized crime.
(h) Metropolitan area.
"Metropolitan area" means a standard metropolitan statistical area as established by the Office of Management and Budget, subject, however, to such modifications and extensions as the Administration may determine to be appropriate.
(i) Public agency.
"Public agency" means any State, unit of local government, combination of such States or units, or any department, agency, or instrumentality of any of the foregoing.
(j) Institution of higher education.
"Institution of higher education" means any such institution as defined by section 1141(a) of Title 20, subject, however, to such modifications and extensions as the Administration may determine to be appropriate.
(k) Community service officer.
"Community service officer" means any citizen with the capacity, motivation, integrity, and stability to assist in or perform police work but who may not meet ordinary standards for employment as a regular police officer selected from the immediate locality of the police department of which he is to be a part, and meeting such other qualifications promulgated in regulations pursuant to section 3751 of this title as the administration may determine to be appropriate to further the purposes of section 3731(b)(7) of this title and this Act.
(l) Correctional institution or facility.
The term "correctional institution or facility" means any place for the confinement or rehabilitation of juvenile offenders or individuals charged with or convicted of criminal offenses. (Pub. L. 90-351, title I, § 601, June 19, 1968, 82 Stat. 209; 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. —; Pub. L. 91-644, title I. §§ 6(b), 9, Jan. 2, 1971, 84 Stat. 1887, 1888.)
