AMENDMENTS

1973-Pub. L. 93-83 designated existing subsec. (a) provisions as the entire section and deleted former subsec. (b) provisions, which notwithstanding section 3733 of this title, unit Aug. 31, 1968, authorized the Administration to make grants for programs and projects dealing with the prevention, detection, and control of riots and other violent civil disorders on the basis of applications describing the programs, projects, and costs of the items for which the grants would be used, and the relationship of the programs and projects to the applicant's general program for the improvement of law enforcement.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-83 effective on and after July 1, 1973, see section 3 of Pub. L. 93-83, set out as a note under section 3701 of this title.

§ 3738. Administration action upon State plan within prescribed time after date of submission; presumption of approval; disapproval with reasons and explanation; explanation of supporting material necessary for an evaluation; definition of "date of submission".

Each State plan submitted to the Administration for approval under section 3732 of this title 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 reasons for such disapproval) within such ninety days of such application, such plan shall be deemed approved for the purposes of this chapter. The reasons for disapproval of such plan, in order to be effective for the purposes of this section, shall contain an explanation of which requirements enumerated in section 3732(b)1 of this title 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 section, the term "date of submission" means the date on which a State plan which the State has designated as the "final State plan application" for the appropriate fiscal year is delivered to the Administration. (Pub. L. 90-351, title I, § 308, as added Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 204.)

EFFECTIVE DATE

Section effective on and after July 1, 1973, see section 3 of Pub. L. 93-83, set out as a note under section 3701 of this title.

SUBCHAPTER IV.-TRAINING, EDUCATION, RESEARCH, DEMONSTRATION, AND SPECIAL GRANTS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 3764 of this title.

§ 3741. Statement of purpose.

It is the purpose of this subchapter to provide for and encourage training, education, research, and development for the purpose of improving law enforcement and criminal justice, and developing new methods for the prevention and reduction of crime, and the detection and apprehension of criminals. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 205.)

AMENDMENTS

1973-Pub. L. 93-83 substituted "law enforcement and criminal justice", for "law enforcement".

1 So in original. See section 3733 of this title.

EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-83 effective on and after July 1, 1973, see section 3 of Pub. L. 93-83, set out as a note under section 3701 of this title.

§ 3742. National Institute of Law Enforcement and Criminal Justice.

(a) Establishment; general authority of Administration over Institute; Director of Institute, appointment by Administrator; statement of purpose. There is established within the Department of Justice a National Institute of Law Enforcement and Criminal Justice (hereafter referred to in this subchapter as "Institute"). The Institute shall be under the general authority of the Administration. The chief administrative 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) Functions, powers, and duties of Institute. 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 chapter, 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, systems, equipment, and devices to improve and strengthen law enforcement and criminal justice, including, but not limited to, the effectiveness of projects or programs carried out under this chapter;

(3) to carry out programs of behavioral research designed to provide more accurate information on the causes of crime and the effectiveness of various means of preventing crime, and to evaluate the success of correctional procedures;

(4) to make recommendations for action which can be taken by Federal, State, and local governments and by private persons and organizations to improve and strengthen law enforcement and criminal justice;

(5) to carry out programs of instructional assistance consisting of research fellowships for the programs provided under this section, and special workshops for the presentation and dissemination of information resulting from research, demonstrations, and special projects authorized by this chapter;

(6) to assist in conducting, at the request of a State or a unit of general local government or a combination thereof, local or regional 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 apprehension 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 government and shall not duplicate the training activities of the Federal Bureau of Investigation under section 3744 of this title. 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 for persons employed intermittently in the Government 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 organizations engaged in projects under this chapter, including information relating to new or improved approaches, techniques, systems, equipment, and devices to improve and strengthen law enforcement; and

(8) to establish a research center to carry out the programs described in this section.

(c) National and international clearinghouse for exchange of information; evaluation of programs and projects and dissemination of information; survey; consultation with Federal, criminal justice, and other public and private agencies and use of statistical and other related information; guidelines; report to President, Congress, and nonFederal agencies.

The Institute shall serve as a national and international clearinghouse for the exchange of information with respect to the improvement of law enforcement and criminal justice, including but not limited to police, courts, prosecutors, public defenders, and corrections.

The Institute shall undertake, where possible, to evaluate the various programs and projects carried out under this chapter 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 chapter, 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. Such survey shall specifically determine the effectiveness and sufficiency of the training and academic assistance programs carried out under this chapter and relate such programs to actual manpower and training requirements 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, Education, and Welfare, Federal, State and local criminal justice agencies and other appropriate public and private agencies. The Administration shall

thereafter, within a reasonable time develop and issue guidelines, based upon the need priorities established by the survey, pursuant 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 undertaken pursuant to paragraphs (1), (2), and (3) of subsection (b) of this section, and shall describe in such report the potential benefits of such activities of law enforcement and criminal justice and the results of the evaluations 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) of this section. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 205.)

AMENDMENTS

1973-Subsec. (a). Pub. L. 93-83 provided that the chief administrative officer of the Institute shall be a Director appointed by the Administrator and included in the statement of purpose the improvement and strengthening of criminal justice, dissemination of results of efforts to State and local governments, and assistance in development and support of programs for training law enforcement and criminal justice personnel.

Subsec. (b)(1), (2). Pub. L. 93-83 provided for improvement and strengthening of criminal justice. Subsec. (b) (3). Pub. L. 93-83 reenacted provisions without change.

Subsec. (b) (4). Pub. L. 93-83 provided for improvement and strengthening of criminal justice.

Subsec. (b) (5). Pub. L. 93-83 reenacted provisions without change.

Subsec. (b) (6). Pub. L. 93-83 added par. (6). Former par. (6) redesignated (7).

Subsec. (b) (7). Pub. L. 93-83 redesignated former par. (6) as (7). Former par. (7) redesignated (8). Subsec. (b) (8). Pub. L. 93-83 redesignated former par. (7) as (8).

Subsec. (c). Pub. L. 93-83 added subsec. (c).

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-83 effective on and after July 1, 1973, see section 3 of Pub. L. 93-83, set out as a note under section 3701 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3733, 3744 of this title.

§3743. Amount of grant, limitation; contributions requirement.

A grant authorized under this subchapter 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 subchapter, that the recipient contribute money, facilities, or services to carry out the purposes for which the grant is sought. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 206.)

AMENDMENTS

1973-Pub. L. 93-83 provided for a contribution requirement by the Institute and substituted "purposes" for "purpose".

EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-83 effective on and after July 1, 1973, see section 3 of Pub. L. 93-83, set out as a note under section 3701 of this title.

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 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) Teachers.

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 institutions of higher education which are eligible to receive funds under this section, shall be eligible to receive assistance under subsections (b) and (c) of this section as determined under regulations of the Administration.

(e) Methods of law enforcement education.

The Administration is authorized to make grants to or enter into contracts with institutions of higher education, or combinations of such institutions, to assist them in planning, developing, strengthening, improving, or carrying out programs or projects for the development or demonstration of improved methods of law enforcement and criminal justice education, including

(1) planning for the development or expansion of undergraduate 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 professional degree;

and

(4) research into, and development of, methods of educating students or faculty, including the preparation of teaching materials and the planning of curriculums.

The amount of a grant or contract may be up to 75 per centum of the total cost of programs and projects for which a grant or contract is made.

(f) Internship grants.

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. (As amended Pub. L. 93-83 § 2, Aug. 6, 1973, 87 Stat. 207.)

AMENDMENTS

1973-Subsec. (a). Pub. L. 93-83 substituted "law enforcement and criminal justice" for "law enforcement". Subsec. (b). Pub. L. 93-83 increased amount of loan per semester from $1,800 to $2,200 and substitute "law enforcement and criminal justice" for "law enforcement"

Subsec. (c). Pub. L. 93-83 increased allowance per academic quarter and per semester from $200 to $250 and $300 to $400 and substituted "law enforcement and criminal justice" for "law enforcement" following "area related to" and "persons employed in" and "a law enforcement and criminal justice agency" for "the law enforcement agency".

Subsec. (d). Pub. L. 93-83 substituted "law enforcement and criminal justice" for "law enforcement" where first appearing.

Subsec. (e). Pub. L. 93-83 reenacted provisions, substituting "law enforcement and criminal justice" for "law enforcement" in introductory text, and cls. (1) and (3).

Subsec. (f). Pub. L. 93-83 increased amount of grant from $50 to $65 per week and substituted "law enforcement and criminal justice" for "law enforcement" agencies.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-83 effective on and after July 1, 1973, see section 3 of Pub. L. 93-83, set out as a note under section 3701 of this title.

§ 3747. Administration training programs for prosecuting attorneys.

(a) Objectives.

The Administration is authorized to establish and support a training program for prosecuting attorneys from State and local officers engaged in the prosecution of organized crime. The program shall be designed to develop new or improved approaches, techniques, systems, manuals, and devices to strengthen prosecutive capabilities against organized crime.

(b) Travel expenses and allowances.

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 for persons employed intermittently in the Government service.

(c) Funds for training costs.

The cost of training State and local personnel under this section shall be provided out of funds appropriated to the Administration for the purpose of such training. (Pub. L. 90–351, title I, § 407, formerly § 408, as added Pub. L. 91-644, title I, § 5(2), Jan. 2, 1971, 84 Stat. 1885, and renumbered Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 209.)

CODIFICATION

A prior section 3747, Pub. L. 90-351, title I, § 407, as added Pub. L. 91-544, title I, § 5(2), Jan. 2, 1971, 84 Stat. 1885, which related to Administration law enforcement training program for enforcement personnel, was omitted in the general amendment of title I of Pub. L. 90-351 by section 2 of Pub. L. 93-83.

§ 3748. Administration training programs for prosecuting attorneys.

Section, Pub. L. 90-351, title I, § 408, as added Pub. L. 91-644, title I, § 5(2), Jan. 2, 1971, 84 Stat. 1885, was renumbered section 407 of Pub. L. 90-351 and is now classified to section 3747 of this title.

SUBCHAPTER IV-A.-GRANTS FOR CORRECTIONAL INSTITUTIONS AND FACILITIES

§ 3750. Statement of purpose.

It is the purpose of this subchapter to encourage States and units of general local government to develop and implement programs and projects for the construction, acquisition, and renovation of correctional institutions and facilities, and for the improvement of correctional programs and practices. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 209.)

1973-Pub. L. 93-83 reenacted provisions without change.

§ 3750b. Same; comprehensive requirements.

The Administration is authorized to make a grant under this subchapter to a State planning agency if the application incorporated in the comprehensive State plan

(1) sets forth a comprehensive statewide program for the construction, acquisition, or renovation of correctional institutions and facilities in the State and the improvement of correctional programs and practices throughout the State;

(2) provides satisfactory assurances that the control of the funds and the title to property derived therefrom shall be in a public agency for the uses and purposes provided in this subchapter and that a public agency will administer those funds and that property;

(3) provides satisfactory assurances that the availability of funds under this subchapter shall not reduce the amount of funds under subchapter III of this chapter which a State would, in the absence of funds under this subchapter, allocate for purposes of this subchapter;

(4) provides satisfactory emphasis on the development and operation of community-based correctional facilities and programs, including diagnostic services, halfway houses, probation, and other supervisory release programs for preadjudication and postadjudication referral of delinquents, youthful offenders, and first offenders, and community-oriented programs for the supervision of parolees;

(5) provides for advanced techniques in the design of institutions and facilities;

(6) provides, where feasible and desirable, for the sharing of correctional institutions and facilities on a regional basis;

(7) provides satisfactory assurances that the personnel standards and programs of the institutions and facilities will reflect advanced practices:

(8) provides satisfactory assurances that the State is engaging in projects and programs to improve the recruiting, organization, training, and education of personnel employed in correctional activities, including those of probation, parole, and rehabilitation;

(9) provides necessary arrangements for the development and operation of narcotic and alcoholism treatment programs in correctional institu

tions and facilities and in connection with probation or other supervisory release programs for all persons, incarcerated or on parole, who are drug addicts, drug abusers, alcoholics, or alcohol abusers;

(10) complies with the same requirements established for comprehensive State plans under paragraphs (1), (3), (5), (6), (8), (9), (10), (11), (12), (13), (14), and (15) of section 3733 (a) of this title;

(11) provides for accurate and complete monitoring of the progress and improvement of the correctional system. Such monitoring shall include rate of prisoner rehabilitation and rates of recidivism in comparison with previous performance of 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.

(As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 209.)

AMENDMENTS

1973-Pub. L. 93-83 reenacted introductory text and pars. (1) to (8) without change, deleted "and" at end of par. (8), added par. (9), redesignated former par. (9) as (10) and added therein references to pars. (13) to (15) and deleted therefrom references to pars. (4) and (7) of section 3733 of this title, and added pars. (11) and (12). EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-83 effective on and after July 1, 1973, see section 3 of Pub. L. 93-83, set out as a note under section 3701 of this title.

§ 3750c. Basic criteria for applicants and grantees; guidelines.

The Administration shall, after consultation with the Federal Bureau of Prisons, by regulations prescribe basic criteria for applicants and grantees under this subchapter.

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. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 210.)

AMENDMENTS

1973-Pub. L. 93-83 added provisions respecting issuance of guidelines for drug treatment programs in State and local prisons and for coordination of development of the guidelines.

EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-83 effective on and after July 1, 1973, see section 3 of Pub. L. 93-83, set out as a note under section 3701 of this title.

§ 3750d. Allocation of funds.

(a) Percentage limitation; State appropriation of moneys for State share of non-Federal funding of program costs; land acquisition prohibition. The funds appropriated each fiscal year to make grants under this subchapter shall be allocated by the Administration as follows:

(1) Fifty per cèntum of the funds shall be available for grants to State planning agencies.