LAW ENFORCEMENT ASSISTANCE AMENDMENTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP76M00527R000700190002-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 38
• Document Creation Date: December 9, 2016
• Document Release Date: August 24, 2001
• Sequence Number: 2
• Publication Date: June 5, 1973
• Content Type: REPORT

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93n CONGRESS HOUSE OF REPRESENTATIVES I REPORT
1st session No. 93-249
JUNE 5, 1973.-Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed.
Mr. RODIN0, from the Committee on the Judiciary,
submitted the following
REPORT
together with
ADDITIONAL
VIEWS
[To accompany H.R. 8152]
The Committee on the Judiciary, to whom was referred the bill
(II.R. 8152) to amend title I of the Omnibus Crime Control and Safe
Streets Act of 1968 to improve law enforcement and criminal justice
and for other purposes, having considered the same, report favorably
thereon with amendments and recommend that the bill as amended
do pass.
The amendments are as follows :
1. Page 4, beginning on line 13 and ending on line 14, strike out
"(including any Criminal Justice Coordinating Council) ".
2. Page 6, lines 17-25, section 204: strike out section 204 and insert
the following in lieu thereof :
"SEc. 204. A Federal grant authorized under this part shall
not exceed 90 per centtun of the expenses incurred by the State
and units of general local government under this part, and
may be up to 100 per centum of the expenses incurred by re-
gional planning units under this part. The non-Federal fund-
ing of such expenses, shall be of money appropriated in the
aggregate by the State or units of general local government,
except that the State shall provide in the aggregate not less
than one-half of the non-Federal funding required of units of
general local government under this part.
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3. Page 14, line 23, strike out "and".
4. Page 15, immediately after line. 3, insert the following :
"(13) provide for procedures that will ensure that (A)
all applications by units of general local government or
combinati3ns thereof to the State planning agency for assist-
ance shall be approved or disapproved, in whole or in part,
no later than 60 days after receipt by the State planning
agency, (B) if not disapproved (and returned with the rea-
sons for such disapproval, including the reasons for the dis-
approval of each fairly severable part of such application
which is disapproved) within 60 days of such application, any
part of such application which.is not so disapproved shall
be deemed approved for the purposes of this title, and the
State planning agency shall disburse the approved funds to
the applicant in accordance with procedures established by
the Administration, (C) the reasons for disapproval of such
application or any part thereof, in order to be effective for
the purposes of this section, shall contain a detailed explana-
tion of the reasons for which such application or any part
thereof was disapproved, or an explanation of what support-
ing material is necessary for the State planning agency to
evaluate such application, and (D) disapproval of any appli-
cation or part thereof shall not preclude the resubmission of
such application or part thereof to the State planning agency
at a later date.
5. Page 15, line 3, strike out the period and insert in lieu thereof
and".
6. Page 25, line 25, strike out "$1,800", and insert in lieu thereof
"$2,200".
7. Page 26... line 22, strike out "$200", and insert in lieu thereof
"$250".
8. Page 26, line 22, strike out "$300", and insert in lieu thereof
"$400".
9. Page 28, line 19, strike out "$50" and insert in lieu thereof "$65".
10. Page 31, line 22, strike out "(9)" and insert in lieu thereof
"(10)"
11. Page 31, line 21, strike out "and".
12. Page 31, immediately after line 21, insert the following new
paragraph:
"(9) provides necessary arrangements for the development
and operation of narcotic treatment programs in correctional
institutions and facilities and in connection with probation
or other supervisory release programs for all persons, incar-
cerated or on parole, who are drug addicts or drug abusers;
and
13. Page ,2, immediately after line 3, insert the following new
paragraph :
"In addition, the Administration shall lisue guidelines for
drug treatment programs in State and local prisons and for
those to which persons on parole are assigned.
14. Page 38, line 12, strike out "four succeeding fiscal years" and
insert in lieu thereof "fiscal year ending June 30, 1975".
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15. Page 42, beginning on line 21 and ending on line 22, strike out
each succeeding fiscal year through the fiscal year ending June 30,
1978" and insert in lieu thereof "the fiscal year ending June 30, 1975".
16. Page 44, beginning on line 13, strike all after the word "title"
down through line 20 and insert in lieu thereof the following :
shall use or reveal any research or statistical information fur-
nished under this title by any person and identifiable to any
specific private person for any purpose other than the pur-
pose for which it was obtained in accordance with this title.
17. Page 8, line 20, insert "and criminal justice" immediately after
"law enforcement".
18. Page 13, line 11; strike out "of".
19. Page 22, line 1, insert a comma immediately after "conducting".
20. Page 23, line 15, insert "and" immediately before "shall de-
scribe".
21. Page 38, line 8, strike out "1251" and insert in lieu thereof
"1254".
22. Page 39, line 15, strike out "unit" and insert in lieu thereof
"un its".
23. Page 48, line.19, strike out ", the" and insert in lieu thereof a
semicolon.
24. Page 48, line 20, strike out "and" immediately before "custodial
treatment" and insert in lieu thereof a semicolon.
25. Page 48, line 24, strike out "obtain" and insert in lieu thereof
"obtains".
26. Page 49, line 18, insert "and criminal justice" immediately after
"law enforcement".
27. Page 47, line 20, strike out "501(a)" and insert in lieu thereof
"1201(: ti) '.
28. Page 47, line 21, strike out "79 Stat.1269 ; ".
29. Page 2,.line 15, insert a semicolon immediately before "(2) ".
30. Page 21 line 17, insert a semicolon immediately before "and (3) ".
31. Page 51, line 3, strike out "(131)" and insert in lieu thereof
" (1.33). ", and strike out "the".
32.. Page 51, line 4, strike out "Administration".
PurnrosE
The purpose of II.1. 8152 is to make a variety of amendments to
Title I pu of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3701 et seq.), that established the Federal Law Enforce-
ment Assistance Program. Most importantly, the bill would authorize
appropriations for the next 2 fiscal years for the Law En-
forcement Assistance Administration (LEAA), created by the 1968
Act as a financial and technical partner for State and local govern-
ments in reducing crime and improving the Nation's criminal justice
system.
COST
The bill authorizes appropriations of $1 billion for the fiscal year
ending June 30, 1974, and an additional $1 billion for the fiscal year
ending June 30,1975.
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GI:NI:nAr. STATEMENT AND AYAI.YSIS
LEAA's initial 5-year authorization expires on June 30, 1973. Be-
ginning on March 15 of this year, Subcommittee No. 5 of the House
Conunittee or the Judiciary held nine full days of hearings on legisla-
tion to extend the program. The Subcommittee's hearing record com-
prises 1,000 pages. and is a thorough review of LEAA's achievements
and failures to date, with a primary focus on its institutional future.
("Law Enforcement Assistance Administration", Hearings before
Subcommittee No. 5 of the House Committee on the Judiciary, 93rd
Congress, 1st Session, Serial No. 4.) During the course of the hearings,.
testimony was received from witnesses from all over the country, in-
cluding the Attorney General, Members of Congress, Governors, May-
ors, and representatives of every aspect of law enforcement and crimi-
nal justice.
Subsequent to those hearings, the Subcommittee met for seven days
of mark-up sessions to produce H.P. 8152, drafted as an amended
Title I of the basic 1968 Act, in large part retaining the basic features
of that Act.
The bill was reported to the full Committee on the Judiciary for its
consideration on May 30 and May 31, 1973, and approved with amend-
ments by that Committee.
The Committee believes the changes in existing law represented by
H.P. 8152, as amended, are major steps forward in the fight against
crime. Most importantly, the new language addresses those deficiencies
that have most severely hampered aspects of LEAA performance in
the past.
The bill eliminates the unwieldly "troika" system of LEAA admin-
istration, and replaces it with a single Administrator and a Deputy
Administrator appointed by the President with the advice and consent
of the Senate.
It makes more emphatic the intention of the Congress that monies
expended under this Act address all aspects of the criminal justice
system-not merely police, and not merely the purchase of police hard-
ware. The Committee, to clarify this end, has added the words "and
criminal justice" to the words `law enforcement" wherever they ap-
pear throughout the bill. Thus, for example, a part of the Declara-
tions and Purpose Section of the Act is amended to read :
It is, therefore, the declared policy of the Congress to assist
State and local governments in strengthening and improving
law enforcement and criminal justice at every level by Na-
tional assistance.
Also in this regard, the Committee has broadened the definition of
law enforcement and criminal justice to include prosecutorial and de-
fender services, and has defined "comprehensive" as it relates to plans
re-
under the Act as "a total and integrated analysis of the problems re-
garding the law enforcement and criminal justice system within the
garding,
The purpose of rehabilitating criminals as well as simply detecting
and apprehending them is added to the purposes of the Act.
The Committee has rejected proposals to convert this program
into a simple "no strings attached" special revenue sharing program
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(H.R. 5613), and in so doing has retained Federal responsibility for
administering the program and for assisting the States in compre-
hensive planning. In this regard, LEAA is made more accountable.
Approval of State plans is retained as a condition precedent to fund-
ing. No plan is to be approved unless and until LEAA finds a deter-
mined effort by the plan to improve law enforcement and criminal
justice throughout the State. Such an effort must be more than a good
faith effort to distribute funds widely either geographically or insti-
tutionally throughout a State. What is necessary is a balanced and
integrated plan that addresses the State's particular needs. The "de-
termined effort" standard will require more of a plan than its failure
to transgress any provision of the act or LEAA regulation. Some
States are meeting the standard at present but all too many are not.
Not until the threat of nonfunding becomes real can the citizenry ex-
pect the quality of anti-crime efforts to improve. The committee feels
that LEAN. has in the past not exercised the leverage provided to it
by law to induce the States to improve the quality of law enforcement
and criminal justice. Such failure is regrettable, for the approval
function of LEA A is the keystone of the Act. At the same time, under
the bill, LEAA is mandated to exercise its approval or disapproval
function within 90 days, assuring both an adequate time for meaning-
ful consideration and a prompt flow of funds to the States and-units
of general local government. Similarly, the States are directed to pro-
vide procedures that will ensure that all fund applications by localities
to State planning agencies be expedited, to to approved or disap-
proved, in whole or in part, within 60 days. The purpose of this now
provision is to assure that units of general local government receive
their monies promptly in accordance with procedures established by
the administration. The procedures referred to are those written, fiscal
controls established by the Administration for recipients of funds
under this title.
The needs of the units of general local government, the needs of the
Nation's cities where much of our crime occurs, are in other ways
very much addressed by II.R. 8152. Although the Committee has re-
jected proposals to provide revenue sharing payments directly to cities,
the "variable, pass-through formula", which as a national average as-
sures that about 70% of a State's block grant must be passed on to
units of general local government, is retained. The bill also requires
that 40/"0 of a State's planning monies be passed through to units of
local government, and increases the minimum planning monies to
each State from $100,000 to $200,000. It provides that before a State
plan can be approved, it must assure an "allocation of adequate assist-
ance to deal with law enforcement and criminal justice problems in
areas characterized by both high crime incidence and high law en-
forcement and criminal justice activity". Other provisions of the bill
provide funding incentives for localities that coordinate law enforce-
ment and criminal justice activities with other localities, even where
such coordination is achieved over a bi-state region. Moreover, under
the law it is within the discretion of the State planning agencies to
fund localities fora package of program and projects as well as simply
for single programs or projects on an individual basis.
Matching requirements, the requirements calling for a. non-Federal
share of the funding, which have traditionally fallen most harshly
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on the localities, are made more realistic. All "match" is reduced to
a 10% cash mistcln and the requirement of the State share of that match
is increased #com 25% to 50% with regard to Part C, and from 0%
to 50% in Part B. (In the case of planning monies, there is no match
requirement at all for Regional Planning Units.) The so-called "soft-
match", the non-cash match, is eliminated, ending procedures the
Committee believes are only causes of imaginative bookkeeping by
recipients and nightmarish monitoring problems for LEAA charged
with ensuring compliance.
The Committee retained language providing that cash matches shall
be appropriated in the aggregate, so that a governmental unit need
show only that its total grants under the Act do not exceed 90% of the
cost of programs and projects undertaken, rather than being required
to demonstrate that there is a 10% "match" for each and every of its
pro grams and projects. In view of the Committee's conclusion regard-
ing the undesirability of requiring "soft match," the Committee also
eliminated the soft match with regard to funds made available under
parts B, C, and E prior to July 1, 1973 which have not been obligated
(or were obligated and later dc-obligated) by the States or units of
general local government in making awards. Such funds may provide
up to 90 percent of the cost of any program or project. It is expected
that the Administration, however, will not provide in excess of 50%
of the cost of any construction program or project funded under part
C lest these non-obligated funds become more '-desirable" than funds
made available after July 1, 1973.
The State "buy-in" provisions, with respect to funds passed through
to units of general local government under part B or C, are also
written in the "aggregate." This does not mean that a State is obligated
to buy into any specific program or project. Rather, a State may pick
and choose which programs or projects and whose programs or proj-
ects to assist, provided that the total of such assistance at least equals
50% of the total of all local obligations with respect to the funds
passed through. This flexibility is believed desirable so that each State
may decide which units of general local government within the State
are in greatest need and render assistance accordingly.
Also eliminated by the bill as reported are limitations on the use of
grant monies Ly localities to compensate la _w enforcement and criminal
justice personnel, other than police. In this context, the Committee
intends the term "police" to mean public officers or employees, whether
of a State or any political subdivision thereof, primarily engaged in
the detection or apprehension of persons who have violated criminal
laws. The Con mittee also deleted from present law a requirement that
each State plan demonstrate a willingness to assume the costs of con-
tinuing, in the future, programs and projects assisted with Federal
funds. This deletion resulted not from a belief b%- the Committee that
the requirement reflected bad policy, but rather that it appeared
unenforceable.
The National Institute of Law Enforcement and Criminal Justice.
is strengthened, and given a major new role in evaluating projects,
developing training programs, and acting as a clearinghouse to stim-
ulate research and reform. In performing its evaluation function, the
Institute will lind it necessary to evaluate programs or projects on the
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basis of standards. The committee believes that it will be useful in ap-
propriate cases for the institute to refer to recommendations of the
National Advisory Commission on Criminal Justice Standards and
Goals. The State plans themselves must assure that programs and
projects funded under the Act maintain the data and information
necessary to allow the Institute to perform meaningful evaluation.
Part E, the special section added in 1970 to assure adequate atten-
tion to corrections is retained despite proposals before the Committee
to leave the expenditures of these funds purely at the unchecked dis-
cretion of the State. Also retained and strengthened to keep pace with
the cost of living, is LEEP, the Law Enforcement Education
Program.
In addition there are new requirements that all planning meetings
be open to the public when final action is taken on State plans, and
that there be participation in the planning process by citizen and
community groups. Beyond that, each plan must provide~~for fund
accounting, audit, monitoring, and evaluation procedures, to assure
"fiscal control and proper management" of funds.
The bill also provides that LEAA may make grants from its 15%
discretionary funds to private non-profit organizations. Many impor-
tant programs relating to law enforcement and criminal justice in-
volve more than one State or locality or are national in scope. Such
programs cannot be appropriately funded by a single State. Nonethe-
less, present law requires that LEAA grants be awarded to units of
State and local government with the result that a, State planning agen-
cy must be willing to accept the administrative burden of serving as the
conduit for funding to non-profit organizations which are qualified
to operate the multi-State programs. The addition of non-profit or-
ganizations to the list of those entities entitled to receive LEAA funds
would eliminate the cumbersome administrative arrangement cur-
rently employed and relieve State Planning Agencies of the unwar-
ranted burden of administering grants to non-profit organizations for
programs which may have little direct relationship to the "host" State.
The addition of non-profit organizations is intended to facilitate the
funding of programs operated by organizations such as, but by no
means limited to : The National District Attorneys Association,
The National Association of Attorneys General, The American Bar
Association, the YMCA and The Urban League. It is not the inten-
tion of the Committee that private "non-profit organization" in this
context be construed to mean neighborhood, community patrol
activities.
For the first time the Act itself contains provisions protecting civil
rights and civil liberties. In addition to deleting prohibitions against
conditioning a grant on the adoption by an applicant of a quota sys-
tem or other program to achieve racial balance, the bill reiterates the
anti-discrimination requirements of title VI of the Civil Rights Act
of 196=1, but also prohibits discrimination on the basis of sex. The bill
strengthens the ban on discrimination by making clear that the fund
cut-off provisions of section 509 of the Act and of title VI of the Civil
Rights Act of 1964 both apply, and that appropriate civil actions may
be filed by the Administration, and that "pattern and practice" suits
may be filed by the Attorney General. The bill would also add provi-
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sions guaranteeing the right to privacy with regard to research and
statistical data gathered under the Act.
The Committee has retained language regarding criminal penalties
for embezzlement, fraud, etc., prohibited under the Act, but has added
the crime of ai teanpt to commit- any of those offenses now prohibited.
The bill would extend the life of LEA A for an additional 2 years
and authorize appropriations of $1 billion for each of those years.
Lastly, the Committee has made certain purely technical amend-
ments to existing law and to H.R. 8152 as printed.
CHANGES IN EXISTING LAW MADE BY THE BILL, As REPORTED
In compliance with clause 3 of Rule XIII of the Rules of the House
of Representatives, changes in existing law made by the bill, as re-
ported, are shown as follows (existing law proposed to be omitted is
enclosed in black brackets, new matter is printed in italics, existing
law in which no change is proposed is shown in roman)
TITLE I--LAW ENFORCEMENT ASSISTANCE
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 reduce and prevent crime and juvenile delinquency, and
to insure the greater safety of the people, law enforcement and
criminal justice efforts must be better coordinated, intensified, and
made more effective at all levels of govermmnent.
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 enforce-
ment and trim-final justice at every level by national assistance. It is
the purpose of this title to (1) encourage States and units of general
local government to [prepare] derelop and adopt comprehensive plans
based upon their evaluation of State and local problems of law en-
forcement and criminal justice; (2) authorize grants to States and
units of local government in order to improve and strengthen law en-
forcement and criminal justice; and (3) encourage research and
development directed toward the improvement of law enforcement
and criminal justice and the development of new methods for the pre-
vention and recuction of crime and the [detection and apprehension]
detection, apprelzcnmion, and rehabilitation of criminals.
PART A-LA_w ENFORCEMENT ASSISTANCE ADMINISTRATION
SEC. 101. (a) 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 title as "Administration'') composed of an Administrator of Law
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Enforcement Assistance [and two Associate Administrators] and a
Deputy zl drninni,strator 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 incum-
bents, one of the Associate Administrators shall be a member of a
political party other than that of the President.]
(b) The Administrator shall be the [executive] head of the agency
[alad shall exercise all administrative powers, including the appoint-
ment and supervision of Administration personnel]. [All of the other
functions, powers, and duties created and established by this title shal l
be exercised by the Administrator with the concurrence of either one
or both of the two Associate Administrators.] The Deputy Adminis-
trator shall perform such functions as the Administrator shall dele-
gate to him, and shall perform the functions of the Administrator in
the absence or incapacity of the Administrator.
PART B-PLAN \ Pi G Gr.A1 TS
Src. 201. It is the purpose of this part to encourage States and
units of general local government to [prepare] develop and adopt
comprehensive law enforcement and criminal justice plans based on
their evaluation of State and local problems of law enforcement and
criminal justice.
SEC. 202. The Administration shall make grants to the States for the
establishment and operation of State law enforcement and criminal
justice planning agencies (hereinafter referred to in this title as
"State. planning agencies"') for the preparation, development, and re-
vision of the State plan required under section 303 of this title. Any
State may make application to the Administration for such grants
within six months of the date of enactment of this Act.
SEC. 203. (a) A grant made under this part 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
ageii.cy and any regional planning units within the State shall, within
their respective jurisdictions, be representative of the law. enforcement
and criminal justice agencies, units of general local government, and
public agencies maintaining programs to reduce and control crime and
shall include representatives of citizen, professional, and community
organizations.
(b) The State planning agency shall-
(1) develop, in accordance with part C, a comprehensive state-
wide plan for the improvement of law enforcement and criminal
justice 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 enforce-
ment, and criminal justice: and
(3) establish priorities for the improvement in law enforcement
and criminal justice throughout the State.
(c) The State planning agency shall make such arrangements as
such agency deems necessary to provide that at least 40 per centuin of
IL Rept. 249, 93-1-2
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all Federal funds granted to such agency under this part for any fiscal
year will be available to units of general local government or combina-
tions 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 part. The Administration may waive this require-
nzent, in whole or in part, upon a finding that the requirement is in-
appropriate in view of the respective law enforcement and criminal
,justice 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 part. 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 Ad-
ministration may fix, for the development by it of 'the State plan
required under this part.
(d) The State planning agency and any other planning organiza-
tion for the purposes of the title shall hold each meeting open to the
public, giving public notice of the time and place of such meeting, and,
the nature of the business to be transacted, if final action is taken at
that meeting on (A) the State. plan, or (B) any application for funds
under this title. The State planning agency and any other planning
organization for the purposes of the title shall provide for public
access to all records relating to its functions under this Act, except
such records as are required to be kept confidential by any other pro-
vision of local, State, or Federal law
SEC. 204. A Federal grant authorized under this part shall not ex-
ceed JO per centum of the expenses [of the establishment and opera-
tion of the State planning agency, including the preparation, develop-
ment, and revision of. the plans required by part C] incurred by the
State and units of general local government under this part, and may,
be up to 100 per? centum of the expenses incurred by regional planning
units under thbt part. The non-Federal funding of such expenses, shall
be of money appropriated in the aggregate by the State or units of
general local government, except that the State shall provide in the
aggregate not loss than one-half of the non-Federal funding required
of units of general local government under this part.
SEC. 20,5. Funds appropriated to make grants under this part 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] $200,000 to each of the States: and it shall then allocate
the remainder of such funds available among the States according to
their relative populations.
PART C-GRANTS FOR L Aw ENFORCEMENT PURPOSES
SEC. 301. (a) It is the purpose of this part to encourage States and
units of general local government to' carry out programs and projects
to improve and strengthen law enforcement and criminal justice.
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(b) The Administration is authorzed to make grants to States
having comprehensive State plans approved by it under this part,
for-
(1) Public protection, including the development, demonstra-
tion, evaluation, implementation, and purchase of methods,
devices, facilities, and equipment designed to improve and
strengthen law enforcement and criminal justice and reduce crime
in public and private places.
(2) The recruiting of law enforcement and criminal justice
personnel and the training of personnel in law enforcement
and criminal justice.
(3) Public education relating to crime prevention and encour-
aging respect for law and order, including education programs
in schools and programs to improve public understanding of
and cooperation with law enforcement and criminal justice
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 and criminal justice 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 and criminal justice officers, special law enforce-
ment and criminal justice 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 and criminal justice 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 and
criminal justice agency.
(8) The establishment of a Criminal Justice Coordinating
Council for any unit of general local government or any combina-
tion 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 and criminal justice
activities.
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(9) The development and operation of [community based]
eomnnt-pity-bawl delinquent prevention -and correctional pro-
grams, emphasizing halfway houses and other [community
based] eommeurri--ty-based rehabilitation centers for initial precon-
viction [of] 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) [The portion of any Federal grant made tender 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 para-
graph (4) of subsection (b) of this section may be tip 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] 90 per eenturn 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 Adininistraiion may increase the Federal share. of the cost thereof
to the extent it deems necessary. [Effective July 1, 1972, at least 40
per centtun of the] The non-Federal funding of the cost of any pro-
gram or project to be funded by a grant. under this section shall be of
money appropriated in the aggregate, by State or individual [rtniti
units of government, for the purpose of the shared funding of such
programs or projects.
[(d) 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 and criminal ;ustiec personnel. The amount of any
such grant expanded 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 sub-
section 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, demon-
stration or other short-term programs.]
SEC. 302. Any State desiring to participate in the grant program
under this part shall establish a State planning agency as described
in part B of this title and shall within six months after approval of
a planning grant under part B submit to the Administration through
such State Plaruiing agency a comprehensive State. plan [formulated]
developed pursuant to part B of this title.
SEC. 303. (a) The Administration shall make grants under this title
to a State planning agency if such agency has on file with the Ad-
ministration an approved comprehensive State plan (not more than
one year in ace) which conforms with the purposes and requirements
of this title. No State plan shall be approved as comprehensive unless
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the Administration finds that the plan provides for the allocation of
adequate assistance to deal with law enforcement and criminal justice
problems in areas characterized by both high crime incidence and
high law enforcement and criminal justice activity. Each such plan
sh all-
(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 part for any
fiscal year will be available to units of general local government
or combinations of such units for the development and implemen-
tation of programs and projects for the improvement of law
enforcement except that each such plan shall provide that begin-
ning July 1, 1972,] at least the per centum of Federal assistance
-ranted to the State planning agency under this part 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 criminal justice, and
that with respect to such programs or projects the State will
provide in the aggregate not less than [one-fourth] one-half 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 deter-
minations 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 criminal justice, and pro-
vide 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.con-
tain a comprehensive, outline of priorities for the improvement
and coordination of all aspects of law enforcement and criminal
justice. dealt with in the plan, including descriptions of: (A)
general needs and problems ; (B) existing systems ; (C) available
resources ; (D) organizational systems and administrative ma-
chinery 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 and criminal justice, plans
and systems ;
(5) provide for effective utilization of existing facilities and
permit and encourage units of general local government to coin-
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bine or provide for cooperative arrancrenients with respect to serv-
ices, facilities, a.nd equipment;
(G) 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 con-
tinue 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 part after a reasonable period of Federal
assistance:]
[(9)] (8) dc inonstrate the willingness of ti ic State to contribute
technical assistance or services for programs and projects con-
templated by the statewide comprehensive plan and the programs
and projects contemplated by units of general local government
or combinations of such units ;
[00)] (9) set forth policies and procedures designed to assure
that Federal funds made available under this title 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 and criminal justice;
(10) provide for such fund aceot n t ng, audit, monitoring, and
evaluation procedures as may be necessary to assure kcal control,
proper management, and disbursement of funds received under
this title;
(11) provide for the maintenance of such data and information,
and for the, .cibm,zssion of such reports in such form, at such times,
and containing such data and information as the National Insti-
tute for Law Enforcement and Criminal Justice may reasonably
require to evaluate pursuant to section 402 (c) programs and proj-
ects carried out under this title and as the Administration may
reasonably require to administer other provisions of this title;
(12) provide funding incentives to those units of general local
government that coordinate or combine law enforcement and crim-
inal justice functions or activities with other such units within
the State far the purpose of improving law enforcement and trim
final justice; and
(13) provide for procedures that will ensurethat (A) all
applications by units of general local government or combinations
thereof to the State planning agency for assistance shall be ap-
proved or disapproved, in whole or in part, no later than 60 days
after receipt by the State planning agency, (B) if not disapproved
(and returned with the reasons for such disapproval, including
the reasons for the disapproval of each fairly severable part of
such application which is disapproved) within 60 days of such
application, any part of such application which is not so disap-
proved shall be deemed approved for the purposes of this title,
and the State planning agency shall disburse the approved funds
to the applicant in accordance with procedures established by the
Administration, (C) the reasons for disapproval of.such. applica-
tion or any part thereof, in order to be effective for the purposes
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of this section, shall contain a detailed explanation of the reasons
for which such application or any part thereof was disapproved,
or an explanation of what supporting material is necessary for the
State planning agency to evaluate such application, and (D) dis-
approval of any application or part thereof shall not preclude the
resubmission of such application or part thereof to the State plan-
ning agency at a later date.
[(11) provide for such fiscal control and fund accounting pro-
cedures as may be necessary to assure proper disbursement of and
accounting; of funds received under this part; and
[(12) provide for the submission of such reports in such form
and containing such information as the Administration may rea-
sonably 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 re-
quired for the purposes set forth in such paragraph (2) shall be avail-
able 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.
(b) No approval shall be given to any State plan unless and until the
Administration finds that such plan reflects a determined effort to im-
prove the quality of law enforcement and criminal justice throughout
the State. No award of funds which are allocated to the States under
this title on the basis o f pop?Nation shall be made with respect to a pro-
gram or project other than a program or project contained in an
approved plan.
(c) No plain, shall be approved as comprehensive unlessit establishes
statewide priorities for the improvement and coordination of all
aspects of law enforcement and criminal justice, and considers the re-
lationships of activities carried out under this title to related activities
being carried out under other Federal programs, the general types of
improvements to be made in the future, the effective utilization of
existing facilities, the encouragement of cooperative arrangements
between units of general local government, innovations and advanced
techniques in the design of institutions and facilities, and advanced
practices in the recruitment, organization, training, and education of
law enforcement and criminal justice personnel. It shall thoroughly
address improved court and correctional programs and practices
throughout the State.
Snc. 304. State planning agencies shall receive applications for
financial assistance from units of general local government and com-
binations of such units. When a State planning agency determines that
such an application is in accordance with the purposes stated in section
301 and is in conformance with any existing statewide comprehensive
law enforcement plan, the State planning agency is authorized to
disburse funds to the applicant.
SEC. 305. Where a State has failed to have a comprehensive State
plan approved under this title within the period specified by the
Administration for such purpose, the funds allocated for such State
under paragraph (1) of section 306(a) of this title shall be available
for reallocation by the Administration under paragraph (2) of section
306(a).
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Su:c. 306. (a) The funds appropriated each fiscal year to make
grants under this part 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 of such funds, plus any additional
amounts made available by virtue of the application of the provi-
sions of sections 305 and 509 of this title to the grant of any State,
may, in three 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, or private
nonprofit organizations, according to the criteria and on the terms
and conditions the Administration determines consistent with
this title.
Any grant made from funds available under paragraph (2) of this
subsection may be up to [75] 90 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 ex-
penditure of portions of grants for the compensation of personnel in
subsection (d) of section 301 of this title shall apply to a grant under
such paragraph. [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 such paragraph shall be of money appro-
priated in the aggregate, by State or individual unit of government,
for the purpose of the shared funding of such programs or projects.]
The non-Federal share of the cost of any program or project to be
funded under this section shall be of money appropriated in the ag-
gregate by the State or units of general local government, or provided
in the aggregate by a private nonpro fr.t arganiza-tion. The Administra-
tion shall make grants in its discretion under paragraph. (2) of this
subsection in such a manner as to accord funding incentives to those
States or units of general local government that coordinate law en-
forcement and criminal justice functions and activities with other
such States orunits of general local government thereof for the pur-
pose of improring law enforcement and criminal justice.
(b) If the Administration determines, on the basis of information
available to it during any fiscal year, that a portion of the funds allo-
cated 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 part, that portion shall be available for
reallocation to other States under paragraph (1) of subsection (a)
of this section.
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SEC. 307. [(a) ] In making grants under this part, the Administra-
tion 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 orga-
nized crime and of riots and other violent civil disorders.
[ (b) Notwithstanding the provisions of section 303 of this part, 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 appli-
cations 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.]
Src. 308. Each State plan submitted to the Administration for ap-
proval under section 302 shall be either approved or disapproved, in
whole or in part, by the Administration no later than ninety days
of ter the date of submission. I f not disapproved (and returned with
the reasons for such disapproval) within such ninety days of such
application, such plan shall be deemed approved for the purposes of
this title. The reasons for disapproval of such plan, in order to be
effective for the purposes of this section, shall contain an explanation
of which requirements enumerated in section 302(b) such plan fails
to comply with, or an explanation of what supporting material is nec-
essary for the Administration to evaluate such plan. For the purposes
of this section, the term "date of submission" means the date on which
a State plan which the State has designated as the "final State plan
application" for the appropriate fiscal year is delivered to the
Administration.
PART D-TRAINING, EDUCATION, RESEARCH, DEMONSTRATION, AND
SI'ECIAI. GRANTS
Sac. 401. It is the purpose of this part to provide for and encourage
training, education, research, and development for the purpose of im-
proving law enforcement and criminal justice, and developing new
methods for the prevention and reduction of crime, and the detection
and apprehension of criminals.
SEC. 402. (a) There is established within the Department of Justice
a National Institute of Law Enforcement and Criminal Justice (here-
after referred to in this part as "Institute"). The Institute shall be
under the general authority of the Administration. The chief admin-
istrative officer of the institute shall be a Director appointed by the
Administrator. [It shall be the purpose of the Institute to encourage
research and development to improve and strengthen law enforce-
ment.] It shall be the purpose of the Institute to encourage research
and development to improve and strengthen law enforcement and
criminal justice, to disseminate the results of such efforts to State and
local governments, and to develop and support programs for the train-
ing of law enforcement and criminal justice personnel.
(b) The Institute is authorized-
(1) to make grants to, or enter into contracts with, public
agencies, institutions of higher education, or private organizations
to conduct research, demonstrations, or special projects pertaining
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to the purposes described in this title, including the development
of new or improved approaches, techniques, systems, equipment,
and devices to improve and strengthen law enforcement and
criminal justice;
(2) to make continuing studies and undertake programs of
research to develop new or improved approaches, techniques, sys-
tems, equipment, and devices to improve and strengthen law en-
forcement and criminal justice, including, but not limited to, the
effectiveness of projects or programs carried out under this title;
(3) to carry out programs of behavioral research designed to
provide more accurate information on the causes of crime and
the effectiveness of various means of preventing crime, and to
evaluate the success of correctional procedures ;
(4) to make recommendations for action which can be taken by
Federal, State, and local governments and by private persons and
organizations to improve and strengthen law enforcement and
criminal justice;
(5) to carry out programs of instructional assistance consisting
of research fellowships for the programs provided, under this
section, and special workshops for the presentation and dissemina-
tion of information resulting from research, demonstrations, and
special projects authorized by this title;
[(6) to carry out a program of collection and dissemination of
information obtained by the Institute or other Federal agencies,
public agencies, institutions of higher education, or private
organizations engaged in projects under this title, including infor-
mation relating to new or improved approaches, techniques, sys-
tems, equipment, and devices to improve and strengthen law
enforcement; and]
(6) to assist in conducting, at the request of a State or a unit of
general local government or a combination thereof, local or re-
gional training programs for the training of State and local law
enforcement and criminal justice personnel, -including but not
limited to those engaged in the investigation of crime and appre-
hension of criminals, community relations, the prosecution or de-
fense of those charged with crime, corrections, rehabilitation,
probation and parole of off enders. Such training activities shall
be designed to supplement and improve rather than supplant the
training activities of the State and units of general local govern-
ment. While participating in the training program or traveling
in connection with participation in the training program, State
and local personnel shall be allowed travel expenses and a per
diem allowance in the same manner as prescribed under section
5703 (b) of title 5, United States Code, for persons employed inter-
mittently in 'he Government service; and
(7) to establish a research center to carry out the programs
described in this section.
(c) The Institute shall serve as a national clearinghouse for infor-
mation with respect to the improvement of law enforcement and
criminal justice, includin but not limited to police, courts, prosecu-
tors, public defenders, ancorrections.
The Institute shall undertake, where possible, to evaluate various
programs and projects carried out under this title to determine their
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impact upon the quality of law enforcement and criminal justice and
the extent to which they have met or failed to meet the purposes and
policies of this title, and shall disseminate such information to State
planning agencies and, upon request, to units of general local
government.
The Institute shall report annually to the President, the Congress,
the State planning agencies, and, upon request, to units of general
local government, on the research and development activities under-
taken pursuant to paragraphs (1), (2), and (3) of subsection (b),
and shall describe in such report the potential bene fits of such activ,i-
tties to law enforcement and criminal justice and the results of the
evaluations made rsuant to the seco paragraph of this subsection.
Such report shall also describe the programs o f instructional assist-
ance, the special works hips, and the training programs undertaken
pursuant to paragraphs (5) and (6) of subsection (b).
SEC. 103. A grant authorized under this part may be up to 100
per centum of the total cost of each project for which such grant is
made. The Administration shall require, whenever feasible, as a
condition of approval of a grant tinder this part, that the recipient
contribute money, facilities, or services to carry out the purposes for
which the grant is sought.
Sr, c. 404. (a) The Director of the Federal Bureau of Investigation
is authorized tom
(1) establish and conduct training programs at the Federal
Bureau of Investigation National Academy at Quantico, Virginia,
to provide, at the request of a State or unit of local government,
training for State and local law enforcement and criminal justice
personnel ; and
(2) develop new or improved approaches, techniques, systems,
equipment, and devices to improve and strengthen law enforce-
ment and criminal justice [; and].
[(3) assist in conducting, at the request of a State or unit of
local government, local and regional training programs for the
training of State and local law enforcement personnel. Such
training shall be provided only for persons actually employed as
State police or highway patrol, police of a unit of local govern-
ment, sheriffs and their deputies, and such other persons as the
State or unit may nominate for police training while such per-
sons are actually employed as officers of such State or unit.]
(b) In the exercise of the functions, powers, and duties established
tinder this section the Director of the Federal Bureau of Investiga-
tion shall be under the general authority of the Attorney General.
SEC. 405. (a) Subject to the provisions of this section, the law En-
forcement Assistance Act of 1965 (79 Stat. 828) is repealed : Provided,
That-
(1) The Administration, or the Attorney General until such
time as the members of the Administration are appointed, is au-
thorized to obligate funds for the continuation of projects ap-
proved under the Law Enforcement Assistance Act of 1965 prior
to the date of enactment of this Act to the extent that such ap-
proval provided for continuation.
(2) Any funds obligated under subsection (1) of this section
and all activities necessary or appropriate for the review under
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subsection (3) of this section may be carried out with funds pre-
viously appropriated and funds appropriated pursuant to this
title.
(3) Immediately upon establishment of the Administration,
it shall be its duty to study, review, and evaluate projects and
programs funded under the Law Enforcement Assistance Act
of 1965. Continuation of projects and programs under subsections
(1) and (2) of this section shall be in the discretion of the Ad-
ministration.
SEC. 406. (a) Pursuant to the provisions of subsections (b) and (c)
of this section, the Administration is authorized, after appropriate
consultation with the Commissioner of Education, to carry out pro-
grams of academic educational assistance to improve and strengthen
law enforcement and criminal justice.
(b) The Administration is authorized to enter into contracts to
make, and make, payments to institutions of higher education for
loans, not exceeding [$1,800] $2,200 per academic year to any person,
to persons enrolled on a full-time basis in undergraduate or graduate
programs approved by the Administration and leading to degrees or
certificates in areas related to law enforcement and criminal justice or
suitable for persons employed in law enforcement and criminal justice,
with special consideration to police or correctional personnel of States
or units of general local government on academic leave to earn such
degrees or certificates. Loans to persons assisted under this subsection
shall be made on such terms and conditions as the Administration and
the institution offering such programs may determine, except that the
total amount of any such loan, plus interest, shall be canceled for
service as a full-time officer or employee of a law enforcement and
criminal justice agency at the rate of 25 per centum of the total amount
of such loans plus interest for each complete year of such service or its
equivalent of such service, as determined under regulations of the
Administration.
(c) The Administration is authorized to enter into contracts to
make, and make, payments to institutions of higher education for tui-
tion, books and fees, not exceeding [$200] $250 per academic quarter
or [$300] $400 per semester for any person, for officers of any publicly
funded law enforcement agency enrolled on a full-time or part-time
basis in courses included in an undergraduate or graduate program
which is approved by the Administration and which leads to a degree
or certificate in an area related to law enforcement and criminal justice
or an area suitable for persons employed in law enforcement and crim-
inal justice. Assistance under this subsection may be granted only on
behalf of an applicant who enters into an agreement to remain in the
service of the law enforcement and criminal justice agency employing
such applicant for a period of 2 years following completion of any
course for which payments are provided under this subsection, and in
the event such service is not completed, to repay the full amount of
such payments on such terms and in such manner as the Administra-
tion may prescribe.
(d) Full-time teachers or persons preparing for careers as full-time
teachers of courses related to law enforcement and criminal justice or
suitable for persons employed in law enforcement and criminal justice,
in institutions of higher education which are eligible to receive funds
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under this section, shall be eligible to receive assistance under subsec-
tions, (b) and (c) of this section as determined under regulations of
the Administration.
(e) The Administration is authorized to make grants to or enter into
contracts with institutions of higher education, or combinations of
such institutions, to assist them in planning, developing, strengthen-
ing, improving, or carrying out programs or projects for the develop-
ment or demonstration of improved methods of law enforcement and
criminal justice education, including-
(1) planning for the development or expansion of undergrad-
uate or graduate programs in law enforcement and criminal
justice;
(2) education and training of faculty members;
(3) strengthening the law enforcement and criminal justice
aspects of courses leading to an undergraduate, graduate, or pro-
fessional degree ; and
(4) research into, and development of, methods of educating
students or faculty, including the preparation of teaching mate-
rials and the planning of curriculums.
The amount of a grant or contract may be up to 75 per centum of the
total cost of programs and projects for which a grant or contract is
(f) The Administration is authorized to enter into contracts to
make, and make payments to institutions of higher education for
grants not exceeding [$50] $65 per week to persons enrolled on a full-
time basis in undergraduate or graduate degree programs who are
accepted for and serve in full-time internships in law enforcement
and criminal justice agencies for not less than eight weeks during any
summer recess or for any entire quarter or semester on leave from the
degree program.
(SEC. 407. The Administration is authorized to develop and support
regional and national training programs, workshops, and seminars to
instruct State and local law enforcement personnel in improved meth-
ods of crime prevention and reduction and enforcement of the criminal
law. Such training activities shall be designed to supplement and
improve, rather than supplant, the training activities of the State and
units of general local government, and shall not duplicate the activi-
ties of the Federal Bureau of Investigation under section 404 of this
title.]
[Src. 408.] SE, c. 407. (a) The Administration is authorized to estab-
lish and support a training program for prosecuting attorneys from
State and local offices engaged in the prosecution of organized crime.
The program shall be designed to develop new or improved ap-
proaches, techniques, systems, manuals, and devices to strengthen pros-
ecutive capabilities against organized crime.
(b) While participating in the training program or traveling in
connection with participation in the training program, State and local
personnel shall be allowed travel expenses and per diem allowance in
the same manner as prescribed under section 5703 (b) of title 5, United
States Code, for persons employed intermittently in the Government
service.
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2Y -
(c) The cost of training State and local personnel under this sec-
tion shall be provided out of funds appropriated to the Administra-
tion for the purpose of such training.
PART E-GRANTS FOR CORRECTIONAL INSTITUTIONS AND FACILITIES
SEC. 451. It is the purpose of this part to encourage States and
units of general local government to develop and implement pro-
grams and projects for the construction, acquisition, and renovation
of correctional institutions and facilities, and for the improvement of
correctional programs and practices.
SEC. 452. A State desiring to receive a grant under this part for
any fiscal year shall consistent with the basic criteria which the
Administration establishes under section 454 of this title, incorporate
its application for such grant in the comprehensive State plan sub-
mitted to the Administration for that fiscal year in accordance with
section 302 of this title.
SEC. 453. The Administration is authorized to make a grant under
this part 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 institu-
tions and facilities in the State and the improvement of correc-
tional 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 part and
that a public agency will administer those funds and that
property ;
(3) provides satisfactory assurances that the availability of
funds under this part shall not reduce the amount of funds under
part C of this title which a State would, in the absence of funds
under this part., allocate for purposes of this part;
(4) provides satisfactory emphasis on the development and
operation of community-based correctional facilities and pro-
grams, including diagnostic services, halfway houses, probation,
and other supervisory release programs for preadjudication and
postadjudiccation referral of delinquents, youthful offenders, and
first offenders, and community-oriented programs for the super-
vision of parolees;
(5) provides for advanced techniques in the design of institu-
tions 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 stand-
ards 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]
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(9) provides necessary arrangements for the development and
operation of narcotic treatment programs in correctional institu-
tions and facilities and in connection with probation or other
supervisory release programs for all persons, incarcerated or on
parole, who are drug addicts or drug abusers; and
[9] (10) complies with the same requirements established for
comprehensive State plans under paragraphs (1), (3), (4)j (5),
(7), (8), (9), (10), (11), and (12) of section 303 of this title.
SEc. 454. The Administration shall, after consultation with the
Federal Bureau of Prisons, by regulation prescribe basic criteria for
applicants and grantees under this part.
In addition, the Administration shall issue guidelines for drug treat-
ment programs in State and local prisons and for those to which
persons on parole are assigned.
SEc. 455. (a) The funds appropriated each fiscal year to make grants
under this part 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 condi-
tions the Administration determines consistent with this part.
Any grant made from funds available under this part may be up to
[75] 90 per centum of the cost of the program or project for which
such grant is made. The non-federal funding of the cost of any pro-
gram or project to be funded by a grant under this section shall be
of money appropriated in the aggregate bthe State or units of general
local government. No funds awarded under this part 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 509 of this title, that portion shall be available
for reallocation under paragraph (2) of subsection (a) of this section.
PART F-ADMINISTRATIVE PROVISIONS
SE c. 501. The Administration is authorized, after appropriate con-
sultation with respresentatives of States and units of general local
government, 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 title.
SEc. 502. 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.
SEC. 503. The functions, powers, and duties specified in this title to
be carried out by the Administration shall not be transferred else-
where in the Department of Justice unless specifically hereafter au-
thorized by the Congress.
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SEC. 504. In carrying out its functions, the Administration, or upon
authorization of the Administration, any member thereof or any hear-
ing 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.
SEC. 505. Section 5314 of title 5, United States Code, is amended by
adding at the end thereof-
"(55) Administrator of Law Enforcement Assistance."
SEC. 506. Section 5315 of title 5, United States Code, is amended
by adding at the end thereof-
"(90) Associate Administrator of Law Enforcement Assist-
ance."
SEC. 507. Subject to the civil service and classification laws, the
Administration is authorized to select, appoint, employ, and fix com-
pensation of such officers and employees, including hearing examiners,
as shall be necessary to carry out its powers and duties under this
title.
SEC. 508. The Administration is authorized, on a reimbursable
basis when appropriate, to use the available services, equipment per-
sonnel, 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 Ad-
ministration 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
title, 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.
SEC. 509. Whenever the Administration, after reasonable notice
and opportunity for hearing to an applicant or a grantee under this
title, finds that, with respect to any payments made or to be made
under this title., there is a substantial failure to comply with-
er the provisions of this title;
(b) regulations promulgated by the Administration under this
title; or
(c) a plan or application submitted in accordance with the
provisions of this title;
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.
SEC. 510. (a) In carrying out the functions vested by this title in
the Administration, the determination, findings, and conclusions of
the Administration shall be final and conclusive upon all applicants,
except as hereinafter provided.
(b) 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, discon-
tinued, or has been given a grant in a lesser amount than such applicant
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believes appropriate under the provisions of this title, the Administra-
tion 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 ap-
plication or a grant the Administration, or any authorized officer
thereof, is authorized and directed to hold such hearings or investiga-
tions 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 pro-
vided herein.
(c) If such applicant is still dissatisfied with the findings and
determinations of the Admninistration, following the notice and hear-
ing 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.
SEC. 511. (a) If any applicant or grantee is dissatisfied with the
Administration's final action with respect to the approval of its appli-
cation or plan submitted under this title, or any applicant or grantee
is dissatisfied with the Administration's final action under section 509
or section 510, such applicant or grantee may, within 60 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 trans-
mitted by the clerk of the court to the Administration. The Adminis-
tration 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, United States Code.
(b) The determinations and the findings of fact by the Adminis-
tration, if supported by substantial evidence, shall be conclusive; but
the court, for good cause shown, may remand the case to the Adminis-
tration 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 proceed-
ings. Such new or modified findings of fact or determinations shall
likewise be conclusive if supported by substantial evidence.
(c) 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, United States Code.
SEC. 512. Unless otherwise specified in this title, the Administration
shall carry out the programs provided for in this title during the fiscal
year ending June 30, [19683, 197 /. and the [five succeeding fiscal
years] fiscal year ending June .90,1975.
SEC. 513. To insure that all Federal assistance to State and local
programs under this title is carried out in a coordinated manner, the
Administration is authorized to request any Federal department or
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agency to supply such statistics, data, program reports, and other
material as the Administration deems necessary to carry out its func-
tions ender this title. Each such department or agency is authorized
to cooperate with the Administration and, to the extent permitted by
]aw, to furnish such materials to the Administration. Any Federal
department or agency engaged in administering programs related to
this title shall, to the maximum extent practicable, consult with and
seek advice from the Administration to insure fully coordinated ef-
forts, and the Administration shall undertake to coordinate such
efforts.
SEC. 514. 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 title.
SEC. 515. The Administration is authorized-
(a) to conduct evaluation studies of the programs and activi-
ties assisted under this title ;
(b) to collect, evaluate, publish, and disseminate statistics and
other information on the condition and progress of law enforce-
ment 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 in-
stitutions in matters relating to law enforcement and criminal
justice.
Funds appropriated for the purposes of this section may be expended
by grant or contract, as the Administration may determine to be
appropriate.
SEC. 516. (a) Payments under this title may be made in installments,
and in advance or by -,vay 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", approved
February 2,1935 (31 U.S.C. sec. 551).
(b) Not more than 12 percentum of the sums appropriated for any
fiscal year to carry out the provisions of this title may be used within
any one State except that this limitation shall not apply to grants
made pursuant to part D.
SEC. 517. (a) The Administration may procure the services of ex-
perts and consultants in accordance with section 3109 of title 5,
United States Code, at rates of compensation for individuals not to
exceed the daily equivalent of the rate authorized for GS-18 by sec-
tion 5332 of title 5, United States Code.
(b) The Acministration is authorized to appoint, without regard
to the civil service laws, technical or other advisory committees to
advise the Administration with respect to the administration of this
title as it deems necessary. Members of those committees not otherwise
in the employ of the United States, while engaged in advising the
Administration or attending meetings of the committees, shall be com-
pensated at rates to be fixed by the Administration but not to exceed
the daily equivalent of the rate authorized for G S-18 by section 5332
of title 5 of the United States Code and while away from home or
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regular place of business they may be allowed travel expenses, includ-
ing per diem in lieu of subsistence, as authorized by section 5703
of such title 5 for persons in the Government service employed
intermittently.
SEC. 518.. (a) Nothing contained in this title 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 and criminal jus-
tice agency of any State or any political subdivision thereof.
[(b) Notwithstanding any other provision of law nothing contained
in this title 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 title 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 title to adopt such a ratio, system, or other
program.]
(b) (1) No person in any State shall on the ground of race, color,
national origin, err? sex be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or
activity funded in whole or in part with funds made available under
this title.
(2) Whenever the Administration determines that a State govern-
ment or any unit of general local government has failed to comply with
subsection (b) (1) or an applicable regulation. it shall notify the chief
executive of the State of the noncompliance and shall request the chief
executive to secure compliance. If within sixty days after such notifCca-
tion the chief executive fails or refuses to secure compliance, the Ad-
ministration shall exercise the powers and functions provided in sec-
tion 509 of this title, and is authorized-
(A) to institute an appropriate civil action;
(B) to exercise the powers and functions pursuant to title VI
of the Civil Bights Act of 1964 (42 U.S.C. 2000d) ; or
(C) to take such other action as may be provided by law.
(3) Whenever the Attorney General has reason to believe that a
State government or unit of local government is engaged in a pattern
or practice in violation of the provisions of this section, the Attorney
General may bring a civil action in any appropriate United States dis-
trict court for such relief as may be appropriate, including injunctive
relief.
SEG. 519. [(a)] On or before December 31 of each year, the Admin-
istration shall report to the President and to the Congress on activities
pursuant to the provisions of this title 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 title 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.]
SEC. 520. [There is authorized to be appropriated $650,000,000 for
the fiscal year ending June 30, 1971, of which $120,000,000 shall be
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for the purposes of part E; $1.150.0110.000 for the fiscal year ending
June 30, 1972, and 14,4,750,000,000 for the fiscal year ending June 30,.
1973.] There are authorized to be aphro9rirlted s ach sums as are nec-
essary for the purposes of each part of this title, but such sums in the
aggregate shall not exceed $1.000.000,000 for the fiscal year ending
Jane 30. 1.974., and .til.000,000.000 for the fiscal year ending June 30,
197.5. Funds a.ptpropriated for any fiscal year may remain available for
obligation anti' expended. Beginning in the fiscal year ending June
30, 1972, and in each fiscal year thereafter there shall be allocated for
the purposes of part E an amount equal to not less than 20 per centum,
of the amount allocated for the purposes of part C.
SEC. 521. (a) 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 under-
taking 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) 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 title.
(c) 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.
SEc. 522. Section 204(a) of the Demonstration Cities and Metro-
politan Development Act of 1966 is amended by inserting "lawv en-
forcement facilities," immediately after "transportation facilities,".
SEc. 523. Any funds made available under parts B, C, and E prior
to July 1, 1973. which are not obligated by a State or unit of general
local government way be used to pro~-ide up to 90 percent of the cost
of any program or project. The von-Federal share of the cost of any
such program or project shall be of money appropriated in the aggre-
gate by the State or units of general local government.
SEC. 524. (a) Ii'xcept as provided by Federal law other than this title,
no officer or employee of the Federal Government, nor any recipient of
assistance under the provisions of this title shall use or reveal any re-
search or statistical information furnished under this title by any per-
son and identifiable to any specific private person for any purpose
other than the purpose for which it was obtained in accordance with
this title. Copies of such, information shall be immune from legal
process, and shall not, without the consent of the person furnishing
such information, be admitted as evidence or used for any purpose in
any action, suit, or other judicial or administrative proceedings.
(b) Any person violating the provisions of this section, or of any
rule, regulation, or order issued thereunder, shall be fined not to exceed
$10,000, in addition to any other penalty imposed by law.
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PART G-DEFINITIONS
SEC. 601. As used in this title-
(a) "Law enforcement and criminal justice" means any activity
pertaining to crime prevention, control or reduction or the enforce-
ment of the criminal law, including, but not limited to police efforts
to prevent, control, or reduce crime or to apprehend criminals, activi-
ties of courts having criminal jurisdiction and related agencies (in-
cluding prosecutorial and defender services), activities of corrections,
probation, or parole authorities, and programs relating to the preven-
tion, control, or reduction of juvenile programs
or narcotic addiction.
(b) "Organized crime" means the unlawful activities of the mem-
bers of a. highly organized, disciplined association engaged in supply-
ing 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" 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" 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 perform-
ing 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 title; 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 Colum-
bia pursuant to the District of Columbia Court Reform and Criminal
Procedure Act of 1970.
(e) "Combination" as applied to States or units pf 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" 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
install ati on of initial. equipment therefor.
(g) "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 title, 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" means a standard metropolitan statistical
area as established by the Bureau of the Budget, subject, however, to
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such modifications and extensions as the Administration may deter-
mine to be appropriate.
(i) "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" means any such institution as
defined by section [801 (a) ] 1201(a) of the Higher Education Act
of 1965 ([79 Stat. 1269;] 20 U.S.C. 1141(a)), subject, however, to
such modifications and extensions as the Administration may deter-
mine to be appropriate.
(k) "Community service officer" means any citizen with the capac
ity, motivation, integrity, and stability to assist iii or perform police
work but who may not meet ordinary standards for employment as a
regular policer officer selected from the immediate locality of the police
department of which he is to be a part, and meeting such other qualifi-
cations promulgated in regulations pursuant to section 501 as the
administration may determine to be appropriate to further the pur-
poses of section 301(b) (7) and this Act.
(1) The term "correctional institution or facility" means any place
for the confinement or rehabilitation of juvenile offenders or individ-
uals charged with or convicted of criminal offenses.
(m) The term "comprehensive" means that the plan must be a total
and integrated analysis of the problems regarding the law enforcement
and criminal justice system within the State; goals, priorities, and
standards must be established in the plan and the plan must address
methods, organization, and operation performance, physical and hu-
man resources necessary to accomplish crime prevention, identification,
detection, and apprehension of suspects; adjudication; custodial treat-
ment of suspects and offenders; and institutional and noninstitutional
rehabilitative measures.
PART II-CRIMINAL PENALTIES
SEC. 651. Whoever embezzles, willfully misapplies, steals, or ob-
tains by fraud or attempts to embezzle, willfully misapply, steal, or
obtain by fraud any funds, assets, or property which are the subject
of a grant or contract or other form of assistance pursuant to this
title, whether received directly or indirectly from the Administra-
tion, or whoever receives, conceals, or retains such funds, assets, or
property with intent to convert such funds, assets, or property to
his use or gain, knowing such funds, assets, or property have been
embezzled, willfully misapplied, stolen, or obtained by fraud, shall
be fined not more than $10,000 or imprisoned for not more than five
years, or both.
SEC. 652. Whoever knowingly and willfully falsifies, conceals, or
covers up by trick, scheme, or device, any material fact in any applica-
tion for assistance submitted pursuant to this title or in any records
required to be maintained pursuant to this title shall be subject to
prosecution under the provisions of section. 1001 of title 18, United
States Code.
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SEC. 653. Any law enforcement and criminal justice program or
project underwritten, in whole or in part, by any grant, or contract or
other form of assistance pursuant to this title, whether received directly
or indirectly from the Administration, shall be subject to the provi-
sions of section 371 of title 18, United States Code.
PART I-ATTORNEY GENERAL'S ANNUAL REPORT ON FEDERAL LAw
ENFORCEMENT AND CRIMINAL JUSTICE ACTIVITIES
SEC. 670. The Attorney General in consultation with the appro-
priate officials in the agencies invo'ved, within 90 days of the end of
each .fiscal year shall submit to the President and to the Congress an
Annual Report on Federal Law Enforcement and Criminal Justice
Assistance Activities setting forth the programs conducted, expendi-
tures made, results achieved, plans developed, and problems dis-
covered in the operations and coordination of the various Federal
assistance programs relating to crime prevention and control, includ-
ing, but not limited to, the Juvenile Delinquency Prevention and Con-
trol Act of 1968, the Narcotics Addict Rehabilitation Act 1968, the
Gun Control Act 1968, the Criminal Justice Act of 1964, title XI of
the Organized Crime Control. Act of 1970 (relating to the regulation
of explosives), and title III of the Omnibus Crime Control and Safe
Streets Act of 1968 (relating to wiretapping and electronic
surveillance).
SECTION 5315 OF TITLE 5, UNITED STATES CODE
5315. Positions at level IV
Level IV of the Executive Schedule applies to the following posi-
tions, for which the annual rate of basic pay is $38,000:
(1) * * *
* * * * * * *
[(90) Associate Administrator of Law Enforcement Assist-
ance (2).]
* * * * * *
SECTION 5316 OF TITLE 5, UNITED STATES CODE
? 5316. Positions at level V
Level V of the Executive Schedule applies to the following posi-
tions, for which the annual rate of basic pay is $36,000:
(1) * . *
* * * * * * *
(133) Deputy Administrator of Law Enforcement Assistance.
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ADDITIONAL VIEWS OF MR. SEIBERLING JOINED BY MR.
KASTENMEIER, MR. CONYERS, MR. DRINAN, MR.
RANGEL, MS. HOLTZMAN, AND MR. OWENS
The law enforcement assistance bill I-I.R. 8152 as reported by the
Judiciary Committee represents a substantial improvement over the
present law. The provisions for speeding up the approval of State
plans and grants applications at both the Federal and State levels,
if followed in practice, could eliminate one of the most serious prob-
leins that has existed in the administration of the law up to the present
time, namely the excessive delays in getting LEAA funds clown to
local law enforcement and criminal justice personnel, where most
of the efforts against crime necessarily must be made. Former Attorney
General Kleindienst, in testifying during the hearings, conceded that
the program had been bogged down in "a morass of redtape."
The bill's provisions for expediting the flow of funds, and for
strengthening the oversight role of the Judiciary Committee, have
made it possible for the bill also to eliminate some of the rigidities'
in the present law. This will permit greater flexibility in administra-
tion both at the Federal and State levels. The bill also provides for a
better balanced program by making explicit the intent of the Congress
to improve not only the effectiveness of the Nation's police forces but
the entire criminal justice system. In addition, the bill makes provi-
sion for open meetings, and for citizen and community participation
and strengthens protections for civil rights and the right of privacy.
Unfortunately, the bill has failed to take any fundamental step
toward correcting one of the most serious weaknesses in the program.
The weakness is so serious that, even after 5 years and the appropria-
tion of billions of Law Enforcement Assistance dollars, the rate of
violent crime continues to increase for the Nation as a whole. Most
of this increase has taken place in the cities and the major metropolitan
areas.
Despite this fact, neither the present law nor the committee's bill
contain any specific requirement that the bulk of Law Enforcement
Assistance funds be directed to the urban areas having a high incidence
of crime. The bill, like the present law, contains only the general
recinirement that each State's plan must provide for the allocation of
"adequate, assistance" to deal with law enforcement and criminal jus-
tice problems "in areas characterized by both high crime incidence and
high law enforcement activity."
Commenting on this provision in the present law, the representatives
of the National League of Cities and U.S. Conference of Mayors, ap-
pearing before the subcommittee on March 23, 1973, stated "Local
officials believing that this provision in the act guaranteed a certain
level of funding to localities with high crime incidence are in some
cases upset with the way these funds have been allocated, even where
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the absolute amounts allocated have been substantial. Many feel that
their States have not lived up to the intention of the act."
The National League of Cities and I.S. Conference of Mayors'
statement went on to urge the Congress to make three major changes
in the safe streets program :
"First, there must be stronger support in planning and coordinating
efforts at the local level * * *
"Second, * * * removing the State planning agency from much of
the grant award process and strengthening its capabilities to plan,
give assistance,. advice, and support to State and local criminal jus-
tice agencies.
"Third, * * 1` the new act must provide that local governments re-
ceive passthrough funds based on a formula incorporating popula-
tion and crime rate bases, which applies, not statewide, but to individ-
ual jurisdictions with serious crime problems where normal city
and county criminal justice functions are brought together to work
jointly on local crime problems."
Except for the provisions in the committee's bill which reduce the
amount of local funds required to match LEA A grants, the com-
mittee's bill does not accomplish any of the three major changes rec-
ommended by 1,he National League of Cities and U.S. Conference of
Mayors. This is not to say that no effort was made in committee and
subcommittee to introduce such changes. During the committee's
deliberations, two sets of amendments were offered either of which,
if adopted, would have substantially incorporated all three of the
recommended changes, at least insofar as the major high crime areas
of the country ~-,re concerned.
There are 155 cities in the Nation having populations exceeding
100,000. A list of these cities is attached hereto. These cities, in the
aggregate, have 28 percent of the Nation's population. They have
46.7 percent of the Nation's crime and 60.8 percent of the violent
crime, according to the FBI Uniform Crime Report of 1972. Under
the heading of violent crime, these areas saw 54.6 percent of the
murders, 51.4 percent of the rapes, 73.2 percent of the robberies and
49.8 percent o-F the aggravated assaults. In short, these cities have
a crime rate that nearly doubles their population figures and a vio-
lent crime rate that more than doubles their population figures. If
to these 155 cities is added the population of the counties that sur-
round them, they contain over 46.2 percent of the Nation's
population.
Obviously, it is to these metropolitan areas, or at least to those
having a crime rate above the average for the State in which they
are located, that the major thrust of the, Law Enforcement Assist-
ance program should be directed.
To the extent that the bulk of Law Enforcement Assistance funds
going to local governments are not directed to the areas with the
highest crime rates, it is at least questionable whether the money
appropriated to help fight, crime is going where it will do the most
good. To the extent that there is no system for coordinating the use
of the funds by all units of local government in a metropolitan area,
it is likewise questionable whether the funds will achieve the effec-
tiveness that they ought to.
The record =bows that some States, of which Ohio in the last 2 years
is an outstanding example, have adopted programs which meet both
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the above criteria. Unfortunately, many States have not. This can
only mean that substantial portions of the taxpayers' dollars in Law
Enforcement Assistnce funds going to those States are not doing the
job they were meant to do.
The amendments, which failed in committee by a vote of 13 to 22,
Would have had the effect of requiring that the law enforcement action
funds earmarked for local governments would be divided in such a
way that 136 cities having above average crime rates, and their sur-
rounding counties, together with 10 other counties having above aver-
ago crime rates and a population in excess of 350,000 (named in the at-
tached list), would receive, as a minimum, an allocation of such funds
based on a formula in which their percentage of the State's popula-
tion would be given a weight of one and their percentage of the total
incidence of crime in the State would be given a weight of two. Under
these amendments, high crime urban areas would also be automatically
entitled to these funds as a bloc grant, provided they met two con-
ditions :
First, the principal city or cities, the county, and at least a majority
of the other units of local government in the county, would jointly
establish a regional planning unit. (Many metropolitan areas. have al-
ready done this, including the six largest ones in Ohio.)
Second, the unit would submit a plan to the State Planning Agency
for the use of the funds.
In order to provide even further flexibility, the amendments would
have allowed the Governor of each State to vary the formula with re-
spect to any specific high crime urban area if he declared that such
formula would create an imbalance of law enforcement and criminal
justice funds distribution in the State.
Despite the action of a majority of the committee in voting down
all of the variations of the above program offered to the committee,
I support the committee's bill as a distinct improvement over the pres-
ent law. Moreover, the bill would require the Law Enforcement Assist-
ance Administration to return for additional authorizations for fiscal
years 197 6 and thereafter, thereby insuring to the committee an auto-
matic opportunity to make a thorough review of the progress made
under the revised law in the next 2 years. Nevertheless, it is my belief
that, unless the administration, in reviewing State plans, insists that
by far the greater part of the funds are channeled into the high crime
metropolitan areas, and unless the local administration of such funds
is carried out under at least a countywide area planning and coordi-
nating agency, we will find, 2 years hence, that the program has still
failed to make a major dent in the violent crime rate in most of our
major metropolitan areas. I am hopeful that the changes which the
bill would make in the existing law, plus the oversight already ac-
complished, will, in fact, bring about the necessary shifts in the pro-
gram's emphasis. However, as written, the bill gives no positive
assurance that this will be the case.
JO.IIN SEIBEP.LING,
JOIIN CONYERS,
ROBERT DRINAN, M.C.,
WAYNE OWE, NS,
ROBERT W. KASTENMEIER,
ELIZABETH IIOLTZMAN,
CHARLES RANGEL.
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ADDITIONAL VIEWS OF MESSRS. HUTCHINSON,
McCLORY, SMITH OF NEW YORK, SANDMAN, RAILS-
BACK, DENNIS, FISII, MAYNE. HOGAN, KEATING,.
BUTLER, COHEN, LOTT, FROEIILICH, VIOORHE AD OF
CALIFORNIA, AND MARAZITI
We, the undersigned minority members of the committee., are pleased'
that the committee by voice vote without dissent reported H.R. 8152,
a bill which preserves the basic structure and fundamental purpose
of the Law Enforcement Assistance Administration. This approval
did not come about through inadvertence. Rather it was the product
of careful and thorough deliberation both in subcommittee and in
committee. Several amendments were offered which would have radi-
cally changed the current program, and they were each in turn
rejected.
When in 1967 and 1968 Congress considered the fundamental issues
in launching a program to fight crime, it concluded that the States
had to bear the primary responsibility in the effort, for Federal con-
trol was undesirable and too much local control of many law enforce-
ment functions was already part of the problem. It was then that a
Presidential Commission had decried the "nonsystem" of criminal
justice composed of all too independent elements-State, county,
municipal, and police, courts, and corrections. It was clear that fund-
ing the parts was not the answer, that would only inflate the problem.
Rather the answer had to lie in assisting the entity capable of fashion-
ing a system; and that had to be the States.
From the very beginning there were proposals that were less effec-
tive in fashioning a system of criminal justice than in subsidizing the;
fragments. The temptation in such proposals is evident, for most gov-
ernmental entities do not find their revenues adequate. But the pro-
grain was conceived not to aid poor governmental units to fight crime
but to fight crime by giving incentives to those who could best fight
crime. Thus Congress concluded that the States should organize and
set priorities because they were best positioned to do so. Clearly, it
would have been retrogressive to fund local governments that did not
have law enforcement or criminal justice responsibilities simply be-
cause they wer,a the locus of much violent crime and to ignore the
States that did bear those responsibilities. And even in those cases
where local governments did bear some of those responsibilities, it
was thought desirable that such local governments combine or at least
coordinate law enforcement and criminal justice functions. Again,
the States were in the best position to achieve that purpose. Thus
Congress concluded that State control of the anticrime effort was the
key to improving the quality of law enforcement and criminal justice.
The Federal funds were to be a catalyst for change, extra capital that
would be earmarked for trying new ideas, for innovations, for re-
search, for trial and error.
(36)
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It was clear from the beginning that the Federal capital available
would be small compared to the everyday costs of all jurisdictions in
the Nation. Though Federal involvement has increased, the funds
made available nationally for planning and action grants are still in-
sufficient to pay the bills of the New York City Police Department.
Congress quickly perceived that if Federal funds could be used to pay
the largest of the bills-salaries and wages of regular personnel, the
money possible would be absorbed merery in perpetuating a nonsys-
tem and a failure.
Thus present law precludes that more than one-third of any grant
be used to pay the salaries of regular law enforcement and criminal
justice personnel. However, consistent with the purposes of the LEAA
program, these salary limitations do not apply to personnel engaged in
innovation or research or the like. Unfortunately, the bill as reported
by the Committee does not do equally well to protect the limited pur-
pose of limited Federal funds. The protection is shrunk only to cover
regular police salaries. Thus regular personnel engaged in any other
aspect of law enforcement and criminal justice may be subsidized
without limitation. This is particularly troublesome in view of the
Argersinger decision which imposes constitutional strictures upon
States to provide any indigent accused of even a misdemeanor with
counsel. The financial cost to the States of this newly declared duty
will alone far outstrip the funds we authorize for the entire program.
The bill as reported would strip Federal funds of protection with re-
gard to the payment of lawyer fees. We do not question the wisdom of
Argersinger or the desirability that lawyers be paid for professional
services rendered. Rather, we suggest that in meeting that need with
LEAA dollars, the program may be substantially undercut. Moreover,
we do not believe it to ie a wise practice for the Federal Government
to fulfill constitutional obligations of the States.
However, on the brighter side, the subcommittee and the full com-
mittee rejected several attacks on the philosophical premise of the
program of improvement in law enforcement and criminal justice
through State leadership. These attacks were variations of H.R. 5476
introduced by Mr. J. V. Stanton and cosponsored by Mr. Seiberling,
a member of the committee.
Central to these proposals was a provision that would guarantee to
large urban areas a portion of the local share of the block grant ac-
cording to a formula based two parts on crime statistics and one part
,on population. Moreover, the determination as to how the guaranteed
funds would be spent would no longer be the State's but would pass to
the urban area-in contradiction to provisions of current law that fos-
ter and even mandate State leadership. For example, the States are
asked to determine priorities, to establish comprehensive statewide
plans, to provide funding incentives for local cooperation, and to "buy
into" local programs because they are responsible for approving, dis-
,approving, and even formulating them.
Beyond this, such proposals raise serious questions of federalism in-
sofar as they would lend Federal permission to local governments to
exercise "responsibility" for determining the manner and method in
which the funds are to be used within the geographic parameters of
the urban area-even apparently with regard to functions for which
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the State alone is responsible. And so it would occur that a unified
court or corrections systems would become fragmented. It is respect-
fully suggested that these proposals are a giant step backward.
Perhaps such risks to the program could reasonably be taken if some-
how a clear need for a shift in funding were demonstrated. No such
case has been made. The only statistics brought to our attention during
subcommittee hearings (appendix G, p. 890, et seq.) stood ready to
refute any case in its incipient stages. They indicated that the high
crime urban areas of this Nation in fiscal year 1972 had 49 percent of
the population and 70 percent of the crime in their respective States,
and received 71.3 percent of the local share of the block grants. The
crime-statistics formula would guarantee only 63 percent, and doubt-
lessly in such a situation what was designed as a floor would also serve
as a ceiling. Thus we see little benefit and much mischief in such
proposals.
Two additional amendments to present law contained in H.R. 8152
deserve comment. Section 306 governs the making of discretionary
grants. At present, only States and units of general local government
are eligible to receive such grants. However, the committee learned
that LEAA has been making grants to private nonprofit organizations
through eligible recipients. Although current law does not expressly
prohibit this practice, it should be noted that Congress in 1970 rejected
requests for such authority and. that under the doctrine of expressio
unius est exclusio aiterius .it would be reasonable to conclude that
only governmental entities are eligible to receive discretionary grants.
This is .as. it should be. We are not pleased with the present prac-
tice of permitting some private nonprofit organizations to receive funds
intended only for governmental entities. The size of the discretionary
fund is not so great and the needs of State and local government are
not so slight,that funds would otherwise go unwanted. If so, LEAA
should make that fact known to us.
We well understand that the present practice requires complex book-
keeping and that this burden could be erased by the amendment to
present law autl i.orizing the practice. However, we remain unconvinced
that the practice is a good one. If the law cannot restrain the practice,
perhaps the. administrative burdens will keep such deviations to a
minimum.
A motion to strike the provision authorizing the practice failed
23-14 on a rollcall vote. We hope that the House reverses this result.
Our concluding comments likewise concern a provision on which
Congress expressed itself in 1970 in contradiction to H.R. 8152.
In House-Senate conference. it was decided that it would be unwise
to require that State planning agencies be composed of citizen, profes-
sional, or community groups. It was argued that such groups may be
represented under the then current law on such agencies but to require
representation would lead to litigation over the composition of such
agencies with the effect that injunctions, preliminary or remedial,
would slow the flow of funds to State and local governments. We agree.
An amendment to strike the requirement and substitute permissive
language (declaratory of present law) failed on an 18-18 rollcall
vote. We hope th at the House reverses that decision.
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39
We the undersigned Members ascribe to the foregoing additional
views.
EDwAnD IIU'VCIIINSON,
ROBERT MCCLORY,
HENRY P. SIIITII III,
CIrARLES W. SANDMAN, Jr.
To:kI R:AILSBACIZ,
DAVID W. I)ENNIS,
IIA3.IILTON 14STi, Jr.,
WILEY MAYNE,
LAWRENCE J. IIOGAN,
WILLIAM J. KrEATING,
Al. CALDWELL BUTLER,
WILLIAM S. COVEN,
TRENT LOTT,
HAROLD V. FROEIILICH,
CARLOS J. MOORIIEAD,
JOSEPH J. MAPAZITI.
INDIVIDUAL. VIEWS OF MR. WIGGINS
I concur in the foregoing (additional views), except insofar as they
may be understood to express unequivocal disapproval of the making
of discretionary grants to nongovernmental agencies. On this point,
I am not ready to take an inflexible position.
One of the important purposes of this discretionary fund is to en-
courage innovation. That purpose may not be served if a nongovern-
mental agency is denied an opportunity to contribute its unique com-
petence to the solution of a law enforcement problem and to receive
financial support for its efforts.
It must be remembered that the discretionary funds are controlled.
The possibility of wasteful expenditures on programs having only
limited law enforcement benefits is thus minimized-if the managers
of the fund use prudence and commonsense in the exercise of their
discretion. Their track record thus far is good. To restrict their dis-
cretion, as some have urged, would not be supportive of the general
purposes of the legislation nor justified on the basis of their overall
performance to date.
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