LAW ENFORCEMENT ASSISTANCE AMENDMENTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP76M00527R000700190001-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 32
• Document Creation Date: December 9, 2016
• Document Release Date: August 24, 2001
• Sequence Number: 1
• Publication Date: July 26, 1978
• Content Type: REPORT

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93D CONGRESS SENATE
1st Session f
REPORT
No. 93-349
LAW ENFORCEMENT ASSISTANCE AMENDMENTS
Mr. MCCLELLAN, from the committee of conference,
submitted the following
CONFERENCE REPORT
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the Senate to the bill (H.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 met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as follows :
That the House recede from its disagreement to the amendment of
the Senate and agree to the same with an amendment as follows :
In lieu of the matter proposed to be insterted by the Senate amend-
ment insert the following :
That this Act may be cited as the "Crime Control Act of 1973".
SEc. 2. Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 is amended to read as follows :
"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 en-
forcement and criminal justice efforts must be better coordinated,
intensified, and made more effective at all levels of government.
"Congress finds further that crime is essentially a local problem that
must be dealt with by State and local governments if it is to be con-
trolled effectively.
"It is therefore the declared policy of the Congress to assist State
and local governments in strengthening and improving law enforce-
ment and criminal justice at every level by national assistance. It is
the purpose of this title to (1) encourage States and units of general
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local government to develop and adopt comprehensive plans based
upon their evaluation of State and local problems of law enforcement
and criminal justice; (2) authorize grants to States and units of local
government in. order to improve and strengthen law enforcement 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 prevention and reduction of
crime and the detection, apprehension, and rehabilitation of criminals.
"PART A--LAW 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
Enforcement Assistance and two Deputy Administrators of Law En-
forcement Assistance, who shall be appointed by the President, by
and with the advice and consent Of the Senate.
"(b) The Administrator shall be the head of the agency. One
Deputy Administrator shall be designated the Deputy Administrator
for Policy Development. The second Deputy Administrator shall be
designated the Deputy Administrator for Administration.
"PART .B-PLANNING GRANTS
"SEC. 201. It is the purpose of this part to encourage States and
units of general local government to 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 crimi-
nal 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. 903. (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 he subject to his jurisdiction. The State planning
agency and any regional planning units within the State shall, within
their respective jurisdictions, be representative of the law enforcement
and criminal jisstice agencies, units of general local government, and
public agencies maintaining programs to reduce and control crime and
may include representatives of citizen, professional, and community
organizations. The regional planning units within the State shall be
comprised of a ,majority of local elected oficials.
"(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
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or combinations of States or units for improvement in law enforce-
ment and criminal justice; and
"(3) establish priorities for the improvement in law enforce-
ment 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 centum of
all Federal funds granted to such agency under this part for any fiscal
year will be available to units of general local government or combi-
nations 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-
ment, in whole or in part, upon a finding that the requirement is
inappropriate 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 co-
ordinate 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 Administra-
tion 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 plan-
ning 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-
visions of local, State, or Federal law.
"SEC. 204. A Federal grant authorized under this part shall not
exceed 90 per centum 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 regional planning units under
this 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
less than one-hal f of the non-Federal funding required of units of gen-
eral local government under this art.
"SE~c. 205. Funds appropriated 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
$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.
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"PART C-GRANTS FOR LAW 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.
"(b) The Administration is authorized 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 enforceinent 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 re-
lating to the control of organized crime.
"(6) The organization, education, and training of regular law
enforcement and criminal justice officers, special law enforcement
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-conu.Tunity relations and grievance resolution mechanisms;
community patrol activities; encouragement of neighborhood par-
ticipation 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 jus-
tice 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
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and coordination of all law enforcement and criminal justice
activities.
"(9) The development and operation of community-abased de-
linquent prevention and correctional programs, emphasizing half-
way houses and other community-based rehabilitation centers for
initial preconviction or post-conviction referral of offenders,' ex-
panded probationary programs, including paraprofessional and
volunteer participation; and community service centers for the
guidance and supervision of potential repeat youthful offenders.
"(10) The establishment of interstate metropolitan regional
planning units to prepare and coordinate plans of State and local
governments and agencies concerned with regional planning for
metropolitan areas.
"(c) The portion of any Federal grant made under this section for
the purposes of paragraph (4) of subsection (b) of this section may
be up to 50 per centum of the cost of the program or project specified
in the application for such grant. The portion of any Federal grant
made under this section to be used for any other purpose set forth in
this section may be up to 90 per centuma of the cost of the program or
project specified in the application for such grant. No part of any
grant made under this section for the purpose of renting, leasing, or
constructing buildings or other physical facilities shall be used for
land acquisition. In the case of a grant under this section to an Indian
tribe or other aboriginal group, if the Administration determines that
the tribe or group does not have sufficient funds available to meet the
local share of the cost of any program or project to be funded under
the grant, the Administration may increase the Federal share of the
cost thereof to the extent it deems necessary. The non-Federal fund-
ing of the cost of any program or project to be funded by a grant
under this section shall be of money appropriated in the aggregate, by
State or individual 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 justice personnel. The amount of any such
grant expended for the compensation of such personnel shall not ex-
ceed the amount of State or local funds made available to increase
such compensation. The limitations contained in this subsection shall
not apply to the compensation of personnel for time engaged in con-
ducting or undergoing training programs or to the compensation of
personnel engaged in research, development, demonstration 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 planning agency a comprehensive State plan 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 Admin-
istration an approved comprehensive State plan (not more than one
year in age) which conforms with the purposes and requirements of
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this title. No state plan shall be approved as comprehensive unless the
Administration finds that the plan provides for the allocation of ade-
quate 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. No State plan shall be
approved as comprehensive, unless it includes a comprehensive pro-
gram, whether or not funded under this title, for the improvement of
juvenile justice. Each such plan shall-
"(1) provide for the administration of such grants by the State
planning agency;
"(2) provide that at least the per centum of Federal assistance
granted to the State planning agency under this part for any fis-
cal 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 govern-
ment will be made available to such units or combinations of such
units in the immediately following fiscal year for the develop-
ment and implementation of programs and projects for the im-
provement 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-half of the non-Federal funding. Per
centum determinations under this paragraph for law enforcement
funding and expenditures for such immediataely preceeding 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 au-
thority to approve such determinations and to review the accuracy
and completeness of such data;
"(3) adequately take into account the needs and requests of the
units of general local government in the State and encourage local
initiative in the development of programs and projects for im-
provements in law enforcement and criminal justice, and provide
for an appropriately balanced allocation of funds between the
State and the units of general local government in the State and
among such units;
"(4) provide for procedures under which plans may be sub-
mitted to the State planning agency for approval or disapproval,
in whole or in part, annually from writs of general local govern-
ment or combinations thereof having a population of at least two
hundred and fifty thousand persons to use funds received under
this part to carry out a comprehensive plan consistent with the
State comprehensive plan for the improvement o f law en f orce-
m,ent and criminal justice in the jurisdiction covered by the plan;
"(5) incorporate innovations and advanced techniques and con-
tain a comprehensive outline of priorities for the improvement
and coordination of all aspects of law enforcement orcement and criminal
justice, dealt with in the plan, including descriptions of : (A)
general needs and problems; (B) existing systems; (C) avail-
able resources; (D) organizational systems and administrative
machinery for implementing the plan; (E) the direction, scope,
and general types of improvements to be made in the future;
and (F) to the extent appropriate, the relationship of the plan
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to other relevant State or local law enforcement and criminal
justice, plans and systems;
"(6) provide for effective utilization of existing facilities and
permit and encourage units of general local government to com-
bine or provide for cooperative arrangements with respect to
services, facilities, and equipment;
"(7) provide for research and development;
"(8) 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;
"(9) 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
"(10) demonstrate the willingness of the State to contribute
technical assistance or services for programs and projects con-
templated by the statewide comprehensive plan and the pro-
grams and projects contemplated by units of general local govern-
ment or combinations of such units;
"(11) 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;
"(12) provide for such fund accounting, audit, monitoring,
and evaluation procedures as may be necessary to assure fiscal
control, proper management, and disbursement of funds re-
ceived under this title;
"(13) provide for the maintenance of such, data and informa-
tion, and for the submission Of such reports in such form, at such
times, and containing such data and infoAnation as the National
Institute for Law Enforcement and Criminal Justice may rea-
sonably require to evaluate pursuant to section 402(c) programs
and projects carried out under this title and as the Administra-
tion may reasonably require to administer other provisions of this
title;
"(14) provide funding incentives to those units of general local
government that coordinate or combine law enforcement and
criminal justice functions or activities with other such units
within the State for the purpose of improving law enforcement
and criminal justice; and
"(15) provide for procedures that will insure that (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 ninety
days after receipt by the State planning agency, (B) if not dis-
approved (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 ninety
days of such application, any part of such application which is
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not so disapproved shall be deelmed approved for the purposes of
this title, and the State planning agency shall disburse the ap-
proved funds to the applicant in accordance with procedures es-
tablished 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 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 applica-
tion, and (D) disapproval of any application or part thereof shall
not preclude the resubmission of such. application or part thereof
to the State planning agency at a later date.
Any portion of the per centum to be made available pursuant to para-
graph (2) of this section in any State in any fiscal year not required
for the purposes set forth in such paragraph (2) shall be available
for expenditure by such State agency from time to time on date's
during such year as the Administration may fix, for the development
and implementation of programs and projects for the improvement
of law enforcement and criminal justice 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 rflects a determined effort
to improve 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 of population shall be made with
respect to a program or project other than a program or project
contained in an approved plan.
"(c) No plan shall be approved as comprehensive unless it estab-
lishes statewide priorities for the improvement and coordination of
all aspects of law enforcement and criminal justice, and considers the
relationships o f activities carried out under this title to related ac-
tivities being carried out under other Federal programs, the general
types of improvements to be made in the future, the effective utiliza-
tion of existing facilities, the encouragement of cooperative arrange-
ments between units of general local government, innovations and ad-
vanced 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.
"SFC. 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 com-
prehensive law enforcement plan, the State planning agency is au-
thorized 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 Ad-
ministration for such purpose, the funds allocated for such State under
paragraph (1) of section 306(a) of this title shall be available for
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reallocation by the Administration under paragraph (2) of section
306(a).
"SEc. 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 pro-
visions of sections 305 and 509 of this title to the grant of any
State, may, in the discretion of the Administration, be allocated
among the States for grants to State planning agencies, units of
general local government, 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 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 build-
ings 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 halve sufficient funds available to meet the local share
of the costs of any program or project to be funded under the grant,
the Administration may increase the Federal share of the cost thereof
to the extent it deems necessary. The limitations on the expenditure of
portions of grants for the compensation of personnel in subsection
(d) of section 301 of this title shall apply to a grant under such para-
graph. 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
aggregate by the State or units of general local government, or pro-
vided in the aggregate by a private nonprofit organization. The Ad-
ministration 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
enforcement and criminal justice functions and activities with other
such States or units of general local government thereof for the pur-
pose of improving 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 reallo-
cation to other States under paragraph (1) of subsection (a) of this
section
"Sec. 307. In making grants under this part, the Administration
and each State planning agency, as the case may be, shall give special
emphasis, where appropriate or feasible, to programs and projects
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dealing with the prevention, detection, and control of organized crime
and of riots and other violent civil disorders.
"SEC. 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 after
the date of submission. If not disapproved (and returned with the rea-
sons for such disapproval) within such ninetyy days of such applica-
tion, 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 re-
quirements enumerated in section 302(b) such plan fails to comply
with, or an explanation of what supporting material is necessary for
the Administration to evaluate such plan. For the purposes of this sec-
tion, the term `date of submission' means the date on which a State
plan which the State has designated as the `final State plan applica-
tion' for the appropriate fiscal year is delivered to the Administration.
"PART D-TRAINING, EDUCATION, RESEARCH, DEMONSTRATION, AND
SPECIAL GRANTS
SEC. 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 enforcement
and criminal justice, to disseminate the results of such efforts to State
and local governments, and to assist in the development and support
of programs for the training 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
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 ormation on the causes of crime and the
effectiveness of various means of preventing crime, and to evalu-
ate the success of correctional procedures;
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"(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 consist-
ing of research fellowships for the programs provided under this
section, andspecial workshops for the presentation and dissemi-
nation of information resulting from research, demonstrations,
and special projects authorized by this title;
"(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 offenders. 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 and shall not duplicate the training activities of the Federal
Bureau of Investigation under section 404 of this title. While par-
ticipating 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 intermittently in the Govern-
ment service;
"(7) 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 orga-
nizations engaged in projects under this title, including informa-
tion relating to new or improved approaches, techniques, systems,
equipment, and devices to improve and strengthen law enforce-
ment; and
"(8) to establish a research center to carry out the programs
described in this section.
"(c) The Institute shall serve as a national and international clear-
inghouse for the exchange of information with respect to the improve-
ment of law enforcement and criminal justice, including but not lim-
ited to police, courts, prosecutors, public defenders, and corrections.
"The Institute shall undertake, where possible, to evaluate vari-
ous programs and projects carried out under this title to determine
their 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, before the end of the fiscal year ending June 30,
1976, survey existing and future personnel needs of the Nation in the
field of law enforcement and criminal justice and the adequacy of
Federal, State and local programs to meet such needs. Suck survey
shall specifically determine the effectiveness and sufficiency of the
training and academic assistance programs carried out under this title
and relate such programs to actual manpower and training require-
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meats in the law enforcement and criminal justice field. In carrying
out the provisions Of this section, the Director of the. Institute. shall
consult with and make maximum use of statistical and other related
information of the Department of Labor, Department of Health, Edu-
cation, and Welfare, Federal, State and local criminal justice agencies
and other appropriate public and private agencies. The Administra-
tion shall thereafter, within a reasonable time develop and issue guide-
lines, based upon the need priorities established by the survey, pur-
suant to which, project grants for training and academic assistance
programs shall be made.
"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 benefits Of such activities
of law enforcement and criminal justice and the results Of the evalua-
tions made pursuant to the second paragraph of this subsection. Such
report shall also describe the programs of instructional assistance, the
special workshops, and the training programs undertaken pursuant
to paragraphs (5) and (6) of subsection (b).
"Sic. 403. 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 or the institute shall require, whenever
feasible, as a condition of approval of a grant under this part, that the
recipient contribute money, facilities, or services to carry out the pur-
poses for which the qrant is sought.
"SEC. 404. (a) The Director of the Federal Bureau of Investigation
is authorized to-
"(1) establish and conduct training programs at the Federal
Bureau of Investigation National Academy at Quantico, Virginia,
training for State and local law enforcement and criminal justice
to provide, at the request of a State or unit of local government,
personnel;
"(2) develop new or improved approaches, techniques, systems,
equipment, and devices to improve and stregthen law enforce-
ment and criminal justice.
"(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 and criminal justice
personnel engaged in the investigation of crime and the appre-
hension of criminals. Such training shall be provided only for
persons actually employed as State police or highway patrol, police
of a unit of local government, sheriffs and their deputies, and other
persons as the State or unit may nominate for police training while
such persons are actually employed as officers of such State or unit;
and
"(4) cooperate with the Institute in the exercise of its respon-
sibilities under section 402(b) (6) of this title.
"(b) In the exercise of the functions, powers, and duties established
under this section the Director of the Federal Bureau of Investigation
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 1.965 (79 Stat. 828) is repealed: Provided,
That-
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"(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
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 Admin-
istration.
"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 $0,200 per academic year to any person, to per-
sons enrolled on a full-time basis in undergraduate or graduate pro-
grams approved by the Administration and leading to degrees or
certificates in areas directly related to law enforcement and criminal
justice or suitable for persons employed in law enforcement and crim-
inal justice, with special consideration to police or correctional per-
sonnel 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 com-
plete year of such service or its equivalent of such service, as deter-
mined 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
tuition, books and fees, not exceeding $250 per academic quarter or
$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 gradate program which is
approved by the Administration and which leads to a degree or certifi-
cate in an area related to law enforcement and criminal justice or an
area suitable for persons employed in law enforcement and criminal
justice. Assistance under this subsection may be granted only on be-
half of an applicant who enters into an agreement to remain in the
service of a law enforcement and criminal justice agency employing
such applicant for a period of two years following completion of
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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
Administration 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, in insti-
tutions of higher education which are eligible to receive funds under
this section, shall he eligible to receive assistance under subsections
(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 o f higher education, or combinations
of such institutions, to assist them in. planning, developing, strengthen-
,in
g, 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 o f 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
made.
"(f) The Administration is authorized to enter into contracts to
make, and make payments to institutions of higher education for grants
not exceeding $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. (a) The Administration is authorized to establish and
support a training program for prosecuting attorneys from State and
local offices engaged in the prosecution of organized crime. The pro-
gram, shall be designed to develop new or improved approaches, tech-
niques, systems, manuals, and devices to strengthen prosecutive capa-
bilities 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 a 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 Gov-
ernment service.
"(e) 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.
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"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 programs and
projects for the construction, acquisition, and renovation of correc-
tional institutions and facilities, and for the improvement of correc-
tional programs and practices.
"SEC. 4,52. A State desiring to receive a grant under this part for any
fiscal year shall, consistent with the basic criteria which the Adminis-
stration establishes under section 454 of this title, incorporate its appli-
cation for such qrant in the comprehensive State plan submitted to
the Administration for that fiscal year in accordance with section 302
of this title.
"SEC. W. 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 con-
struction, acquisition, or renovation of correctional institutions
and facilities in the State and the improvement of correctional
programs and practices throughout the State;
"(2) provides satisfactory assurances that the control of the
funds and title to property derived therefrom shall be in a public
agency for the uses and purposes provided in this 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
postadjudication referral of delinquents, youthful offenders, and
first offenders, and comvmunity-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 ac-
tivities, including those of probation, parole, and rehabilitation;
"(9) provides necessary arrangements for the development and
operation of narcotic and alcoholism treatment programs in cor-
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rectional institutions and facilities and in connection with proba-
tion or other supervisory release programs for all persons, incar-
cerated or on parole, who are drug addicts, drug abusers, alco-
holics, or alcohol abusers;
"(10) complies with the same requirements established for com-
prehensive State plans under paragraphs (1), (3), (5), (6), (8),
(9), (10), (11), (12), (13), (14), and (15) of section 303(a) of
this title;
"(11) provides for accurate and complete monitoring of the
progress and improvement of the correctional system. Such moni-
toring shall incl rate of prisoner rehabilitation and rates of
recidivism in comparison with previous performance o f the State
or local correctional systems and current performance of other
State and local prison systems not included in this program; and
"(12) provides that State and local governments shall submit
such annual reports as the Administrator may require.
"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
treatment programs in State and local prisons and for those to which
persons on parole are assigned. The Administrator shall coordinate
or assure coordination of the development of such guidelines with the
Special Action Office For Drug Abuse Prevention..
"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 centuma of the funds shall be available for grants
to State planning agencies.
"(2) The remaining 50 per centu'in of the funds may be made
available, as the Administration may determine, to State plan-
ning agencies, units of general local government, or combinations
of such units, according to the criteria and on the terms and con-
ditions the Administration determines consistent with this part.
Any grant made from funds available under this part may be up to
90 per centwm of the cost of the program or project for which such
grant is made. The non-Federal unding of the cost of any program
or project to be funded by a grant under this section shall be of money
appropriated in the aggregate by the 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 avail-
able for reallocation under paragraph (2) of subsection (a) of this
section.
"PART F-ADMINISTRATIVE PROVISIONS
"SEc. 501. The Administration is authorized, after appropriate
consultation with representatives of States and units of general local
government, to establish such rules, regulations, and procedures as are
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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
o f the Administration, or, with the approval of the Attorney General,
to any o f jicer of the Department of Justice such functions as it deems
approprzate.
"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.
"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. Title 5, United States Code, is amended as follows.-
"(a) Section 5315(90) is amended by deleting `Associate Adminis-
trator of Law Enforcement Assistance (2)' and inserting in lieu
thereof `Deputy Administrator for Policy Development of the Law
Enforcement Assistance Administration'.
"(b) Section 5316 of title 5, United States Code, is amended by
adding at the end thereof the following :
" `(133) Deputy Administrator for Administration of the Law En-
forcement Assistance Administration.'.
"(c) Section 5108(c) (10) is amended by deleting the word `twenty'
and inserting in lieu thereof the word `twenty-tw-o'.
"SEc. 507. Subject to the civil service and classification laws, the
Administration is authorized to select, appoint, employ, and fix com-
pensation of such o ffzcers 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, personnel,
and facilities of the Department of Justice and of other civilian or
military agencies and instrumentalities of the Federal Government
(not including the Central Intelligence Agency), and to cooperate
with the Department of Justice and such other agencies and instru-
mentalities in the establishment and use of services, equipment, per-
sonnel, and facilities of the Administration. The Administration is
further authorized to confer with and avail itself of the cooperation,
services, records, and facilities of State, municipal, or other local
agencies, and to receive and utilize, for the purposes of this title, prop-
erty 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 o f 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-
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"(a) 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 determinations, findings, and conclusions of
the Administration shall be final and conclusive upon all applicants,
except as hereaf ter 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 appli-
cant believes appropriate under the provisions of this title, the Admin-
istration shall notify the applicant or grantee of its action and set
forth the reason for the action taken. Whenever an applicant or
grantee requests a hearing on action taken by the Administration on
an application or a grant. the Administration, or any authorized officer
thereof, is authorized and directed to hold such hearings or 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 de-
terminations of ,,he Administration, following the notice and hearing
provided for in subsection (b) of this section, a request may be made
for rehearing, under such regulations and procedures as the Adminis-
tration may establish, and such applicant shall be afforded an oppor-
tunity 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 sixty days after
notice of such. action, file with the United States court of appeals for
the circuit in which such applicant or grantee is located a petition for
review of that action.. A copy of the petition shall be forthwith 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 2.112 of title 2R, United States Code.
"(b) The determinations and the findings of fact by the Administra-
tion, if supported by substantial evidence, shall be conclusive; but
the court, for good cause shown, may remand the ease to the Admin-
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istration to take further evidence. The Administration may thereupon
make new or modified findings of fact and may modify its previous
action, and shall file in the court the record of the further proceedings.
Such new or modified findings of fact or determinations shall likewise
be conclusive if supported by substantial evidence.
"(c) Upon the filing of such petition, the court shall have jurisdic-
tion 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 certifica-
tion as provided in section 1254 of title 28, United States Code.
"Sic. 512. Unless otherwise specified in this title, the Administra-
tion shall carry out ehe programs provided for in this title during the
fiscal year ending June 30, 1974, and the two succeeding fiscal years.
"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
agency to supply such statistics, data, program reports, and other ma-
terial as the Administration deems necessary to carry out its functions
under this title. Each such department or agency is authorized to co-
operate with the Administration and, to the extent permitted by law,
to furnish such materials to the Administration. Any Federal depart-
ment 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 efforts,
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 ac-
tivities assisted under this title;
"(b) to collect, evaluate, publish, and disseminate statistics and
other information on the condition and progress of law enforce-
ment within and without the United 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, institu-
tions, or international agencies in matters relating to law enforce-
ment 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 install-
ments, and in advance or by way of reimbursement, as may be deter-
mined by the Administration, and may be used to pay the transporta-
tion 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 per centum of the sums appropriated for any
fiscal year to carry out the provisions o f this title may be used within
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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
experts and consultants in accordance with section 3109 Of title 5,
United States ("ode, at rates of compensation for individuals not to
exceed the daily equivalent of the rate authorized for GS-18 by section
5332 of title 5, United States Code.
"(b) The Administration is authorized to appoint, without regard
to the civil service laws, technical or other advisory committees to ad-
vice 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 Ad-
ministration or zttending meetings of the committees, shall be compen-
sated at rates to be fixed by the Administration but not to exceed the
daily equivalen of the rate authorized for GS-18 by section 5332 of
title 5 of the United States Code and while away from home or regular
place of business they may be allowed travel expenses, including 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 justice
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.
"(c) (1) No person in any State shall on the ground of race, color,
national origin, or 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 gov-
ernment or any unit of general local government has failed to comply
with subsection (c) (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 a reasonable time
after such notillcation, the chief executive fails or refuses to secure
compliance, the Administration shall exercise the powers and func-
tions provided in section 509 of this title, and is authorized concurentliy
with such exercise-
"(A) to institute an appropriate civil action;
"(B) to exercise the powers and functions pursuant to title VI
of the Civil Rights 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
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or practice in violation of the provisions of this section, the Attorney
General may bring a civil action in any appropriate United States
district court for such relief as may be appropriate, including injunc-
tive relief.
"Sec. 519. On or before December 31 of each year, the Administra-
tion shall report to the President and to the Congress on activities
pursuant to the provisions of this title during the, preceding fiscal
year.
"SEC. 520. There are authorized to be appropriated such sums as
are necessary 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 end-
ing June 30, 1974, $1,000,000,000 for the fiscal year ending June 30,
1975, and $1,250,000,000 for the fiscal year ending June 30, 1976.
Funds appropriated for any fiscal year may remain available for
obligation until expended. Beginning in the fiscal year ending
June 30, 1972, and in each fiscal year thereafter there shall be allo-
cated 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. or any of its duly authorized representa-
tives, shall have access for purpose of audit and examinations to any
books, documents, papers, and records othe recipients that are perti-
nent to the grants received under this title.
"(c) The Comptroller General of the United States, or any of his
duly authorized representatives, shall, until the expiration of three
years after the completion of the program, or project with which the
assistance is used, have access for the purpose of audit and examina-
tion to any books, documents, papers and records of recipients of Fed-
eral assistance under this title which in the opinion of the Comptroller
General may be related or pertinent to the grants, contracts, subcon-
tracts, sub grants, or other arrangements referred to under this title.
"(d) 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. 502. Section. 204 (a) of the Demonstration Cities and Metro-
politan Development Act of 1966 is amended by inserting `law enforce-
ment 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 may be used to provide up to 90 percent of the cost
of any program or project. The non-Federal share of the cost of any
such Program or pro;ect shall be of money appropriated in the aggre-
gate by the State or units of general local government.
"SEC. 52/i. (a) Except as provided by Federal law other than this
title, no off eer or employee of the Federal Government, nor any re-
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cipient of assistance under the provisions of this title shall use or
reveal any research or statistical information furnished under this
title by any person 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) All criminal history information collected, stored, or dissemi;
nated through support under this title shall contain, to the maximum
extent feasible., disposition as well as arrest data where arrest data is
included therein. The collection, storage, and dissemination of such
information sj.all take place under procedures reasonably designed
to insure that all such information is kept current therein; the Ad-
ministration shall assure that the security; and privacy of all infor-
mation is adequately provided for and that information shall only be
used for law enforcement and criminal justice and other lawful pur-
poses. In addition, an individual who believes that criminal history
information concerning him contained in an automated system is in-
accurate, incomplete, or maintained in violation of this title, shall,
upon satisfactory verification of his identity, be entitled to review such
information and to obtain a copy of it for the purpose of challenge or
correction.
"(c) Any person violating the provisions of this section, or of any
rule, regulation, or order issued thereunder, shall be fined not to ex-
ceed $10,000, in addition to any other penalty imposed by law.
"SEC. 525. The last two sentences of section 203(n) of the Federal
Property and Administrative Services Act of 1949 are amended to
read as follows : `In addition, under such cooperative agreements,
and subject to such other conditions as may be imposed by the Secre-
tary of Health, Education, and Welfare, or the Director, Office of Civil
and Defense Mobilization, or the Administrator, Law Enforcement
Assistance Administration, surplus property which the Administrator
may approve for donation for use in any State for purposes of law
enforcement programs, education, public health, or civil defense, or
for research for any such purposes, pursuant to subsection (j) (3)
or (j) (4), may with the approval of the Administrator be made
available to the State agency after a determination by the Secretary
or the Director or the Administrator, Law Enforcement Assistance
Administration that such property is necessary to, or would facilitate,
the effective operation of the State agency in performing its functions
in connection with such program. Upon a determination by the Secre-
tary or the Director or Administrator, Law Enforcement Assistance
Administration, that such action is necessary to, or would facilitate,
the ?e ffective use of such surplus property made available under the.
turns of a cooperative agreement, title thereto may with the approval
of the Administrator be vested in the State agency.'
'PART Ca-DEFINITIONS
"Sic. 601. As used in this title-
" (a) `Law enforcement and criminal justice' means any activity
pertaining to come prevention, control or reduction or the enforce-
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went of the criminal law, including, but not limited to police efforts
to prevent, control, or reduce crime or to apprehend criminals, cc-
tivities of courts having criminal jurisdiction and related agencies
(including prosecutorial and defender services), activities of correc-
tions, probation, or parole authorities, and programs relating to the
prevention, control, or reduction of juvenile delinquency 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, boron h, arish, village, or other general purpose
political subdivision o) 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 Dis-
trict of Columbia government or the United States Government per-
forming law enforcement functions in and for the District of Coluan-
bia 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 Govern-
ment shall be for the sole purpose of facilitating the transfer of crimi-
nal jurisdiction from the United States District Court for the District
of Columbia to the Superior Court of the District of Columbia pur-
suant to the District of Columbia Court Reform and Criminal Pro-
cedure Act of 1970.
"(e) `Combination' as applied to States or units of general local
government means any grouping or joining together of such States
or units for the purpose of preparing, developing, or implementing
a law enforcement plan.
"(f) `Construction' means the erection, acquisition, expansion, or
repair (but not including minor remodeling or minor repairs) of new
or existing buildings or other physical facilities, and the acquisition
or installation of initial equipment therefor.
"(g) 'State organized crime prevention council' paeans a council com-
posed 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
such modifications and extensions as the Administration may determine
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.
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"(j) `Institution of higher education' means any such institution
as defined by section 1201(a) of the Higher Education Act of 1965
(20 U.S.C.1141(a) ), subject, however, to such modifications and exten-
sions as the Administration may determine to be appropriate.
"(k) `Community service ofcer' means any citizen with the capac-
ity, motivation, integrity, and stability to assist in or perform police
work but who may not meet ordinary standards for employment as a
regular police officer selected from the immediate locality of the police
department of which he is to be a part, and meeting such other quali fi-
cations promidgated in regulations pursuant to section 501 as the Ad-
ministration may determine to be appropriate to further the purposes
of section 301(b) (7) and this Act.
"(l) The term `correctional institution or facility' means any place
for the confinement or rehabilitation of juvenile offenders or indi-
viduals 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 enforce-
ment and criminal justice system within the State; goals, priorities,
and standards must be established in the plan and the plan must ad-
dress methods, organization, and operation performance, physical and
human resources necessary to accomplish crime prevention, identi fica-
tion, detection, and apprehension of suspects; adjudication; custodial
treatment of suspects and offenders, and institutional and noninstitu-
tional rehabilitative measures.
"(n) The term `treatment' includes, but is not limited to, medical,
educational, social. psychological, and vocational services, corrective
and preventive guidance and training, and other rehabilitative services
designed to protect the public and benefit the addict, or other user by
eliminating his dependence on addicting or other drugs or by con-
trolling his dependence, and his susceptibility to addiction or use.
"(o) `Criminal history information' includes records and related
data, contained in an automated criminal justice informational system,
compiled by law enforcement agencies for purposes of identifying
criminal offenders and alleged offenders and maintaining as to such
persons summaries of arrests, the nature and disposition of criminal
charges, sentencing, confinement, rehabilitation and release.
"PART H-CRIMINAL PENALTIES
"SEC. 651. Whoever embezzles, willfully misapplies, steals, or ob-
tains by fraud or endeavors 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 Administration, 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. 052. Whoever knowingly and unllfully falsifies, conceals,
or covers up by trick, scheme, or device, any material, fact in any
application for assistance submitted pursuant to this title or in any
records required to be maintained pursuant to this title shall be sub-
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ject to prosecution under the provisions of section 1001 of title 18,
United States Code.
"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
provisions of section 371 of title 18, United States Code.
"PART I-ATTORNEY GENERAL'S BIENNIAL REPORT OF FEDERAL
LAW ENFORCEMENT AND CRIMINAL JUSTICE ACTIVITIES
"SEc. 670. The Attorney General, in consultation with the appro-
priate officials in the agencies involved, within 90 days of the end of
each second fiscal year shall submit to the President and to the Con-
gress a Report of Federal Law Enforcement and Criminal Justice
Assistance Activities setting forth the programs conducted, expendi-
tures made, results achieved, plans developed, and problems discovered
in the operations and coordination of the various Federal assistance
programs relating to crime prevention and control, including, but not
limited to, the Juvenile Delinquency Prevention and Control 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)."
SEC. 3. The amendments made by this Act shall take effect on and
of ter July 1, 1973, except that the offices and salaries modified under
sections 101, 505, and 506 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 as amended by this Act shall be modified
prospectively only, effective on and after the date of the enactment
of this Act.
And the Senate agree to the same.
JOHN MCCLELLAN,
ROMAN HRUSKA,
P. A. HART,
HUGH SCOTT,
SAM J. ERVIN, Jr.,
Managers on the Part of the Senate.
PETE RODINO,
JOHN CONYERS, Jr.,
WALTER FLOWERS,
JOHN F. SEIBERLING,
BARBARA JORDAN,
EDWARD MEZVINSKY,
EDWARD HUTCIIINSON,
ROBERT MCCLORY,
CITARLES W. SANDMAN, Jr.,
DAVID W. DENNIS,
HAMILTON FISH,
Managers on the Part of the House.
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JOINT EXPLANATORY STATEMENT OF THE
COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at the con-
ference on the disagreein votes of the two Houses on the amendment
of the Senate to the bill (H.R. 8152) to amend title I of the Omnibus
Crime Control and Safe Streets Act of 1988 to improve law enforce-
ment and criminal justice, and for other purposes, submit the follow-
ing joint statement to the House and the Senate in explanation of the
effect of the action agreed upon by the managers and recommended
in the accompanying conference report :
The House bill provided no short title. The Senate amendment pro-
posed the short title "Crime Control Act of 1973." The conference sub-
stitute adopts the Senate amendment.
The House bill provided for the abolition of the two positions of
Associate Administrator and vested all administrative and policy au-
thority in the Administrator of LEAA. The bill created a position of
Deputy Administrator to assist the Administrator by delegation and
to serve as Administrator in the absence or incapacity of the Adminis-
trator. The Senate amendment also provided for all authority to be
vested in the Administrator, but provided for two Deputy Adminis-
trators to be appointed by the President by and with the advice and
consent of the Senate. One deputy would assist the Administrator
in the areas of policy and operations and would act for him in his
absence or incapacity, and the second deputy would be responsible for
administrative management functions.' The conference substitute
adopts the Senate amendment.
The House bill provided that State planning agencies and regional
planning units may include citizen, community, and professional or-
ganization representatives. The Senate amendment, did not so provide,
but provided that the majority of the members of any regional plan-
ning unit must be elected executive and legislative officials. The con-
ference substitute adopts both the House and Senate approaches and
provides permission for representation of citizen, community and pro-
fessional organizations, and provides that the majority of the members
of any regional planning unit must be elected officials.
i It is important tc note that the substitute bill does not create a new position of Admin-
istrator of LEAA, and it is contemplated that the present Administrator of LEAA is au-
thorized to continue to serve without the necessity for reconfirmation by the Senate.
Similarly, the committee of conference contemplates that incumbent Associate Administra-
tors of LEAA are authorized to fill the positions of Deputy Administrator without the
necessity for reconfirmation by the Senate of either of those officials. Congress may devolve
upon one already in office different duties which are germane to his office without thereby
rendering it necessary that the incumbent should be again nominated, appointed, or con-
firmed. Cf. Shoemaker v. United States, 147 U.S. 282, 301 (1893).
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The Senate amendment contained provisions not in the House bill
authorizing LEAA funds to be used for State programs to compensate
victims of violent crimes. The conference substitute does not include
these provisions. The conferees took this action because of the parallel
processing of legislation introduced by three distinguished Senators,
Mr. McClellan, Mr. Mansfield and Mr. Mondale, that would provide
a comprehensive program at the Federal level to compensate innocent
victims of violent crime and authorize a similar use of LEAA funds.
The bill, S. 300, has already passed the Senate and is now pending
before the House Committee on the Judiciary. Congressman Rodino,
Chairman of the House Committee on the Judiciary, has also intro-
duced a similar proposal, and as a member of the conference has in-
dicated strong interest in this proposed program as a separate bill.
Concern was also expressed that the District of Columbia was not
included in the program as proposed in the Senate amendment. How-
ever, some members of the conference indicated less than wholehearted
support of the program and some voiced firm opposition.
The Senate amendment contained a provision not in the. House bill
expressly authorizing the use of both Part C discretionary funds and
Part C block grant funds for planning grants to interstate metropoli-
tan regional planning units. The conference substitute adopts this
provision.
The Senate amendment contained provisions not in the House bill
which would have required each State to develop, as a part of its
overall criminal justice State plan, a comprehensive plan for the im-
provement of juvenile justice and to allocate for juvenile delinquency
prevention and control at least 20 percent of its Part C and Part E
funds in fiscal year 1974 and 30 percent in fiscal year 1975 and each
succeeding fiscal year.
The conference substitute retains the requirement that each State
plan must include a program for the improvement of juvenile justice,
funded under title I of this Act or other Federal, State, or local pro-
grams, but does not include the rest of the Senate amendment. The
conferees recognized the pressing need for additional funding in the
area of juvenile delinquency prevention and control, but noted that
some authority for additional funding does exist in other programs,
that separate bills on these matters are currently pending in both
House and that these bills should be given priority in the near future.
Moreover, since no plan may be approved unless it is comprehensive
and since no plan is comprehensive unless it takes into account a juve-
nile justice program and since the bill otherwise requires that LEAA
give greater scrutiny to State plans to ascertain whether they reflect
a determined effort to improve the quality of law enforcement and
criminal justice, it is expected that greater emnhasis will be given to
the problems of juvenile justice in the future. The failure to require
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rent requirement that a LEEP recipient must remain with his employ-
ing law enforcement agency only. The conference substitute adopted
the Senate provision which will permit a recipent to earn cancellation
so long as he remains in a law enforcement agency.
The Senate amendment included a requirement that one of the
criteria for the receipt of Part E funds would be the development of
narcotic and a] coholism treatment and control programs. The House
bill did not include alcoholism treatment programs.
The conferees agreed to accept the language of the Senate amend-
ment. This amendment provides for the development of narcotic and
alcoholism treatment programs under Part E correction funds. How-
ever, the conferees also agreed that although alcoholism programs
may be funded, such funding should not be to the extent that it would
interfere with or reduce the funds to be used for drug treatment pro-
grams. The conference substitute expands the definition of treatment
to include non-addictive drug problems and, by inference, alcoholism.
Additionally, the definition of treatment is expanded to authorize
measures intended to control as well as eliminate drug dependency.
The conference substitute also adopts Senate language requiring the
coordination of drug treatment program guidelines with the Special
Action Office for Drug Abuse Prevention.
The Senate amendment added a requirement which provided for
the monitoring of recidivism rates and progress of prisoner rehabilita-
tion. The House bill contained no comparable provision.
The conference substitute adopted the Senate version. The adoption
of this languge is consistent with the previously expressed interest of
the Congress in upgrading and improving the Nation's correctional
systems through Part E corrections funds awarded by LEAA.
The Senate amendment provides express authority, which the House
bill did not, for non-profit organizations to provide funds to be used
as hard match by States and local units of government. The omission
of this language in the conference substitute carries with it no nega-
tive or positive inference and is not intended to prevent any current
practices of LEAA to the extent that such practices may be within
the ambit of the purposes and provisions of the law.
The House bill provided for the retroactive elimination of soft match
requirements with respect to both States and units of local govern-
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ment. The Senate amendment provides this eliminate with respect to
States alone. The conference substitute adopts the House provision.2
SUPERGRADES
The House bill provided for no additional supergrade positions at
LEAA. The Senate amendment provided for four additional super-
grade positions. The conference substitute provides for two.
The Senate amendment provided authority to LEAA to assist law
enforcement activities connected with the American Revolution Bi-
centennial Commission by transferring funds to federal agencies deal-
ing with the activities of the Bicentennial. The House bill contained
no such provision. The conference substitute does not provide such
authority. But this omission is not intended to restrict any authority
LEAA might have to support otherwise fundable law enforcement
projects arising out of activities related to the Bicentennial.
INFORMATION DISSEMINATION AND TECHNICAL ASSISTANCE
The Senate amendment granted authority to LEAA for the collec-
tion and dissemination of information on law enforcement and crimi-
nal justice both within and outside of the United States. Other author-
ity was also provided for the interchange of assistance with respect to
international activities. The House bill contained the current LEAA
authority which was limited to activities within the "several States."
The conference substitute adopts the Senate amendment which pro-
vides authority to LEAA to collect and disseminate information on
law enforcement within and without the United States.
The conference substitute also accepts the Senate version which
adds authority to provide technical assistance to international law
enforcement agencies as well as national law enforcement agencies. In
recognition of the international scope of many law enforcement and
criminal justice problems the conferees agreed to give LEAA authority
to provide technical assistance in such areas as narcotics interdiction,
skyjacking, and terrorism. The conferees felt that LEAA's interna-
tional operations should be limited to providing technical assistance in
cases of this character.
2 An explanation of the House provision was given by Mr. Hutchinson in floor debate
(Congressional Record ; June 14,1973; H-4745) as follows :
"So desirable did it seem to eliminate soft match and transfer to a hard match require-
ment that H.R. 8152 would make this change with regard to unobligated funds made avail-
able prior to July 1, 1973. It should be made clear that funds 'not obligated' are those not
awarded or committed by the State or local governments. If the State or local government
has contracted for a project or has effectively awarded the funds to one of its agencies, the
funds are, for purposes of section 523, considered as 'obligated.'
"If a program or project is in operation but not completed, it is not intended that the
new matching requirements be applied to the remainder, even though under accounting
practices the governmental unit may not be as yet obligated to pay. Likewise, it should be
clear that if a State has awarded funds to a unit of local government and the unit has not,
in turn, further obligated the funds by award or contract, the funds are not obligated and
the new matching requirements would apply. In other words, the fact that the funds in the
hands of a unit of local government came through the State does not of itself change the
result that would otherwise obtain."
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The House bill provided that, upon complaint of discrimination in
programs assisted under title I, the Governor has sixty days to re-
spond, and that the LEAA must initiate proceedings to cut off funds
to any recipient who continues to discriminate after that period, and
may concurrently with that initiation take other actions, including
instituting a law suit.
The Senate amendment permitted the Governor to act in a "reason-
able time," and authorized the same remedies as did the House bill,
including proceedings to cut off funds, but made none of them manda-
tory. The conference substitute uses the Senate's "reasonable time"
standard and adopts the House bill language on remedial proceedings
but makes it clear that the various proceedings may be concurrently
instituted.
COMPTROLLER GENERAL'S ACCESS TO RECORDS
Although tze House bill provided for access to records by
the Comptroller General, it did not do so in language consistent with
the Records Retention Act. The Senate amendment did incorporate
such language. The conference substitute adopts the Senate version.
SECURITY AND PRIVACY PROVISIONS
The House bill provided for the security and privacy of statistical
and research information. The Senate amendment added language
to the House bill giving access to criminal history records information
maintained by State and local governments with LEAA funds to in-
dividuals who had reason to believe that their own records were in-
accurate. In addition, it required that an individual's criminal his-
tory records include not only any arrests but, where possible, the
disposition of the case subsequent to arrest and that a definition for
criminal history information be added to title I.
The Senate amendment also provided that identified individuals
have access to their own automated records and criminal history in-
formation, which such individuals might believe to be inaccurate or
irrelevant. Dissemination of such information was permitted in
limited cases and with certain safeguards.
The conferees accepted the Senate version but. only as an interim
measure. It should not be viewed as dispositive of the unsettled and
sensitive issues of the right of privacy and other individual rights
affecting the maintenance and dissemination of criminal justice infor-
mation. More comprehensive legislation in the future is contemplated.
AUTHORIZATION-AMOUNT AND LENGTH
The House bill provided for a two year grant, making authoriza-
tion and that the funds authorized for each of the two years would
be $1 billion per year. The Senate amendment provided for a five-year
authorization of from $1 billion in fiscal year 1974 to $2 billion in
fiscal year 1978.
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The conference substitute agreed to a compromise of three years
on the length of LEAA's grant-making authorization and to appro-
priation authority of $1 billion FY 1974, $1 billion FY 1975, and $1.25
billion for FY 1976.
EXCESS OR SURPLUS PROPERTY AUTHORITY
The Senate amendment provided LEAA with authority to denote
excess or surplus federal property to State agencies thereby vesting
in the grantee title to such property. The House bill did not contain
comparable language. The conference substitute accepted the Senate
provision.
CRIMINAL PENALITIES
The House bill added "attempts" to current provisions relating to
the criminal misuse of LEAA funds. The Senate amendment sub-
stituted the word "endeavors" for the word "attempts." The con-
ference substitute agreed to the Senate language. This change was
adopted as the word "endeavors" does not have the common law gloss
as does the word "attempts." See Osborn v. United States, 385 U.S.
323 (1966). The conference substitute accepts the "endeavors" formu-
lation in this context since it creates a higher standard for the use of
LEAA funds and does not intend to set a precedent for a general
change in the criminal law with respect to attempts.
ATTORNEY GENERAL'S REPORT
The Senate amendment provided for the Attorney General's report
on Federal criminal justice activities to be published every four years.
The House bill provided for annual publication. The conference sub-
stitute contains a compromise providing for the publication of the
Attorney General's report every two years.
TITLE I, PART C
The Senate amendment would have entitled Part C of title I "Law
Enforcement Revenue Sharing." The House bill provided for a desig-
nation of "Grants for Law Enforcement Purposes." The conference
substitute adopts the House bill with conforming language to read :
"Grants for Law Enforcement and Criminal Justice Purposes" which
is consistent with other language throughout the bill.
MISCELLANEOUS AND TECHNICAL ISSUES
The Senate amendment contained a severability clause not found
in the House bill, and not accepted in the conference substitute. A few
other technical and conforming changes have been made in the con-
ference substitute.
EFFECTIVE DATE
The House bill provided that the revision of title I become effective
on July 1, 1973. The Senate amendment provided that the revision
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be effective on enactment. The conference substitute contains a com-
promise prov.ding that the changes be effective as of July 1, 1973,
the beginning of the fiscal year, except for provisions relating to the
Administrator, the Deputy Administrators, and their salaries which
become effective upon enactment.
JOHN MCCLELLAN,
ROMAN HRUSHA,
PHILIP A. HART,
HUGH SCOTT,
SAM J. ERVIN, JR.,
Managers on the Part of the Senate.
PETER W. RODINO, JR.,
JOHN CONYERS, JR.,
WALTER FLOWERS,
JOHN F. SEIBERLING,
BARBARA JORDAN,
EDWARD MEZVINSKY,
EDWARD HUTCHINSON,
ROBERT MCCLORY,
CHARLES W. SANDMAN, JR.,
DAVID W. DENNIS,
HAMILTON FISH, JR.,
Managers on the Part of the House.
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