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(2) The remaining 50 per centum of the funds may be made available, as the Administration may determine, to State planning agencies, units of general local government, or combinations of such units, according to the criteria and on the terms and conditions the Administration determines consistent with this subchapter.

Any grant made from funds available under this subchapter may be up to 90 per centum of the cost of the program or project for which such grant is made. The non-Federal funding of the cost of any 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 subchapter may be used for land acquisition.

(b) Reallocation of funds

If the Administration determines, on the basis of information available to it during any fiscal year, that a portion of the funds granted to an applicant for that fiscal year will not required by the applicant or will become available by virtue of the application of the provisions of section 3757 of this title, that portion shall be available for reallocation under paragraph (2) of subsection (a) of this section. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 210.)

AMENDMENTS

1973-Subsec. (a). Pub. 93-83 substituted "50" for "fifty" in cl. (2), increased amount of grant from 75 to 90 per centum of program or project cost, and provided that the non-Federal funding of the cost of any program or project to be funded by a grant under this section shall be of money appropriated in the aggregate by the State or units of general local government.

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

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.

SUBCHAPTER V.-ADMINISTRATIVE

PROVISIONS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 3768, 3770 of this title.

§ 3751. Rules, regulations, and procedures.

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 necessary to the exercise of its functions, and are consistent with the stated purpose of this chapter. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 211.)

AMENDMENTS

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

§ 3752. Delegation of functions.

The Administration may delegate to any officer or official of the Administration, or, with the approval of the Attorney General, to any officer of the Department of Justice such functions as it deems appropriate. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 211.)

AMENDMENTS

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

§ 3753. Transfer of functions, powers, and duties of Administration within Department of Justice.

The functions, powers, and duties specified in this chapter to be carried out by the Administration shall not be transferred elsewhere in the Department of Justice unless specifically hereafter authorized by the Congress. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 211.)

AMENDMENTS

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

change.

§ 3754. Place in United States for hearings, subpenas, oaths, examination of witnesses, and reception of evidence.

In carrying out its functions, the Administration, or upon authorization of the Administration, any member thereof or any hearing examiner assigned to or employed by the Administration, shall have the power to hold hearings, sign and issue subpenas, administer oaths, examine witnesses, and receive evidence at any place in the United States it may designate. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 211.)

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

§ 3756. Use of services, equipment, personnel, and facilities of other Federal agencies; Central Intelligence Agency exclusion; reimbursement; reciprocal use by such other Federal agencies; availability of State agency cooperation, services, records, and facilities; use of donated or transferred property for testing purposes.

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 instrumentalities in the establishment and use of services, equipment, personnel, and facilities of the Administration. The Administration is further authorized to confer with and avail itself of the cooperation, services, records, and facilities of State, municipal, or other local agencies, and to receive and utilize, for the purposes of this chapter, property donated or transferred for the purposes of testing by any other Federal agencies, States, units of general local government, public or private agencies or organizations, institutions of higher education, or individuals. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 211.)

AMENDMENTS 1973-Pub. L. 93-83 made provisions inapplicable to Control Intelligence Agency.

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.

§ 3757. Withholding of payments for noncompliance with certain requirements; notice and hearing. Whenever the Administration, after reasonable notice and opportunity for hearing to an applicant or a grantee under this chapter, finds that, with respect to any payments made or to be made under this chapter, there is a substantial failure to comply with

(a) the provisions of this chapter;

(b) regulations promulgated by the Administration under this chapter; or

(c) a plan or application submitted in accordance with the provisions of this chapter; the Administration shall notify such applicant or grantee that further payments shall not be made (or in its discretion that further payments shall not be made for activities in which there is such failure), until there is no longer such failure. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 211.)

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If the application has been rejected or an applicant has been denied a grant or has had a grant, or any portion of a grant, discontinued, or has been given a grant in a lesser amount than such applicant believes appropriate under the provisions of this chapter, the Administration shall notify the applicant or grantee of its action and set forth the reason for the action taken. Whenever an applicant or grantee requests a hearing on action taken by the Administration on an application or a grant, the Administration, or any authorized officer thereof, is authorized and directed to hold such hearings or investigations at such times and places as the Administration deems necessary, following appropriate and adequate notice to such applicant; and the findings of fact and determinations made by the Administration with respect thereto shall be final and conclusive, except as otherwise provided herein.

(c) Rehearing; additional information.

If such applicant is still dissatisfied with the findings and determinations of the Administration, following the notice and hearing provided for in subsection (b) of this section, a request may be made for rehearing, under such regulations and procedures as the Administration may establish, and such applicant shall be afforded an opportunity to present such

additional information as may be deemed appropriate and pertinent to the matter involved. The findings and determinations of the Administration, following such rehearing, shall be final and conclusive upon all parties concerned, except as hereafter provided. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 212.)

AMENDMENTS

1973-Pub. L. 93-83 designated existing subsec. (a) change, but inserted in subsec. (b) a comma following "on an application or a grant”.

§ 3759. Judicial review.

(a) Petition; record.

If any applicant or grantee is dissatisfied with the Administration's final action with respect to the approval of its application or plan submitted under this chapter, or any applicant or grantee is dissatisfied with the Administration's final action under section 3757 or section 3758 of this title, such applicant or grantee may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such applicant or grantee is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Administration. The Administration shall thereupon file in the court the record of the proceedings on which the action of the Administration was based, as provided in section 2112 of Title 28.

(b) Conclusiveness of determinations.

The determinations and the findings of fact by the Administration, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Administration to take further evidence. The Administration may thereupon make new or modified findings of fact and may modify its previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact or determinations shall likewise be conclusive if supported by substantial evidence.

(c) Jurisdiction of courts of appeals; review by Supreme Court.

Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Administration or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of Title 28. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 212.)

AMENDMENTS

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

change.

§ 3760. Duration of programs.

Unless otherwise specified in this chapter, the Administration shall carry out the programs provided for in this chapter during the fiscal year ending June 30, 1974, and the two succeeding fiscal years. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 213.)

AMENDMENTS

1973-Pub. L. 93-83 extended period for execution of programs under this chapter from the period during the fiscal year ending June 30, 1968, and the five succeeding

fiscal years to the period during the fiscal year ending June 30, 1974, and the two succeeding fiscal years.

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.

§ 3761. Coordination of law enforcement assistance and related Federal programs; statistics, etc., from other Federal agencies.

To insure that all Federal assistance to State and local programs under this chapter is carried out in a coordinated manner, the Administration is authorized to request any Federal department or agency to supply such statistics, data, program reports, and other material as the Administration deems necessary to carry out its functions under this chapter. Each such department or agency is authorized to cooperate with the Administration and, to the extent permitted by law, to furnish such materials to the Administration. Any Federal department or agency engaged in administering programs related to this chapter shall, to the maximum extent practicable consult with and seek advice from the Administration to insure fully coordinated efforts, and the Administration shall undertake to coordinate such efforts. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 213).

AMENDMENTS

1973-Pub. L. 93-83 reenacted provisions without change, deleting a comma following "practicable".

§ 3762. Reimbursement of other Federal agencies.

The Administration may arrange with and reimburse the heads of other Federal departments and agencies for the performance of any of its functions under this chapter. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 213.)

AMENDMENTS

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

§ 3763. Functions, powers, and duties of Administration; grants or contracts for expenditure of funds. The Administration is authorized

(a) to conduct evaluation studies of the programs and activities assisted under this chapter; (b) to collect, evaluate, publish, and disseminate statistics and other information on the condition and progress of law enforcement 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, institutions, or international agencies in matters relating to law enforcement and criminal justice. Funds appropriated for the purposes of this section may be expended by grant or contract, as the Administration may determine to be appropriate. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 213.)

AMENDMENTS

1973-Pub. L. 93-83 reenacted provisions, substituting in item (b) "within and without the United States" for "in the several States" and authorizing cooperation with internation agencies in item (c), substituting in such item (c) "law enforcement and criminal justice" for "law enforcement".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 22 section 2151j. §3764. Payments.

(a) Installments; advances or reimbursement; payment of expenses for attending conferences or other assemblages notwithstanding prohibition of section 551 of Title 31.

Payments under this chapter may be made in installments, and in advance or by way of reimbursement, as may be determined by the Administration, and may be used to pay the transportation and subsistence expenses of persons attending conferences or other assemblages notwithstanding the provisions of the joint resolution entitled "Joint resolution to prohibit expenditure of any moneys for housing, feeding, or transporting conventions or meetings" (section 551 of Title 31).

(b) Maximum sum for any one State.

Not more than 12 per centum of the sums appropriated for any fiscal year to carry out the provisions of this chapter may be used within any one State except that this limitation shall not apply to grants made pursuant to subchapter IV of this chapter. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 213.)

AMENDMENTS

1973-Subsec. (a). Pub. L. 93-83 reenacted provisions, substituting "joint resolution" for "Joint Resolution". Subsec. (b). Pub. L. 93-83 reenacted provisions without change.

§ 3765. Personnel.

(a) Experts and consultants; employment and compensation.

The Administration may procure the services of experts and consultants in accordance with section 3109 of Title 5 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. (b) Advisory committees; appointment, compensation, and travel expenses.

The Administration is authorized to appoint, without regard to the civil service laws, technical or other advisory committees to advise the Administration with respect to the administration of this chapter as it deems necessary. Members of those committees not otherwise in the employ of the United States, while engaged in advising the Administration or attending meetings of the committees, shall be compensated at rates to be fixed by the Administration but not to exceed the daily equivalent of the rate authorized for GS-18 by section 5332 of Title 5 and while away from home or regular place of business they may be allowed travel expenses, including per diem in lieu of subsistance, as authorized by section 5703 of such Title 5 for persons in the Government service employed intermittently. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 213.)

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

TERMINATION OF ADVISORY COMMITTEES Advisory Committees in existence on January 5, 1973, to terminate not later than the expiration of the two-year period following January 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such two-year

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period, or in the case of a committee established by the Congress, its duration is otherwise provided by law, see sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 3766. Construction unauthorized.

(a) Federal direction, supervision or control of State policy force or other law enforcement agency. Nothing contained in this chapter or any other Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over any police force or any other law enforcement and criminal justice agency of any State or any political subdivision thereof.

(b) Administration achievement or elimination of racial balance or imbalance through adoption of percentage ratio, quota system or other program. Notwithstanding any other provision of law nothing contained in this chapter shall be construed to authorize the Administration (1) to require, or condition the availability or amount of a grant upon, the adoption by an applicant or grantee under this chapter of a percentage ratio, quota system, or other program to achieve racial balance or to eliminate racial imbalance in any law enforcement agency, or (2) to deny or discontinue a grant because of the refusal of an applicant or grantee under this chapter to adopt such a ratio, system, or other program.

(c) Discrimination prohibition; remedies of Administration for noncompliance with paragraph (1); civil action, including injunction, by Attorney General for violation of section.

(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 chapter.

(2) Whenever the Administration determines that a State government or any unit of general local government has failed to comply with paragraph (1) of this subsection 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 notification the chief executive fails or refuses to secure compliance, the Administration shall exercise the powers and functions provided in section 3757 of this title, and is authorized concurrently 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 (section 2000d of this title); or

(C) to take such other action as may be provided by law.

(3) Whenever the Attorney General has reason to believe that a State government or unit of local government is engaged in a pattern or practice in violation of the provisions of this section, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 214.)

AMENDMENTS

1973-Pub. L. 93-83 substituted "law enforcement and criminal justice agency" for "law enforcement agency." Subsec. (b). Pub. L. 93-83 reenacted provisions without change.

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.

§ 3767. Reports to President and Congress.

On or before December 31 of each year, the Administration shall report to the President and to the Congress on activities pursuant to the provisions of this chapter during the preceding fiscal year. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 214.)

AMENDMENTS

1973-Pub. L. 93-83 designated existing subsec. (a) provisions as the entire section and eliminated former subsec. (b) provisions requiring the Administration, not later than May 1, 1971, to submit to the President and Congress recommendations for legislation to assist in the purposes of this chapter with respect to promoting the integrity and accuracy of criminal justice data collection, processing, and dissemination systems funded in whole or in part by the Federal Government, and protecting the constitutional rights of all persons covered or affected by such systems.

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.

§ 3768. Authorization of appropriations.

There are authorized to be appropriated such sums as are necessary for the purposes of each subchapter of this chapter, but such sums in the aggregate shall not exceed $1,000,000,000 for the fiscal year ending 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 allocated for the purposes of subchapter V of this chapter an amount equal to not less than 20 per centum of the amount allocated for the purposes of subchapter III of this chapter. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 214.)

AMENDMENTS

1973-Pub. L. 93-83 substituted provisions authorizing necessary appropriations for each subchapter of this chapter, limiting the amounts to one billion, one billion, and one and one-quarter billion dollars for fiscal years ending June 30, 1974, 1975, and 1976, respectively, for former appropriations authorization of $650,000,000; $1,150,000,000; and $1,750,000,000 for fiscal years ending June 30, 1971, 1972, and 1973, respectively, and also making $120,000,000 available for subchapter V purposes for fiscal year ending June 30, 1971.

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.

§ 3769. Recordkeeping requirements. (a) Scope of information.

Each recipient of assistance under this Act shall keep such records as the Administration shall pre

scribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.

(b) Administration access to records for audits and examinations.

The Administration or any of its duly authorized representatives, shall have access for purpose of audit and examinations to any books, documents, papers, and records of the recipients that are pertinent to the grants received under this chapter.

(c) Comptroller General access to records for audits and examinations.

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 examination to any books, documents, papers and records of recipients of Federal assistance under this chapter which in the opinion of the Comptroller General may be related or pertinent to the grants, contracts, subcontracts, subgrants, or other arrangements referred to under this chapter. (d) Primary grants or contracts and subgrants or subcontracts.

The provisions of this section shall apply to all recipients of assistance under this Act, whether by direct grant or contract from the Administration or by subgrant or subcontract from primary grantees or contractors of the Administration. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 215.)

REFERENCES IN TEXT

For classifications in the Code of this Act, referred to in subsecs. (a) and (d), meaning the Omnibus Crime Control and Safe Streets Act of 1968, Pub. L. 90-351, see Short Title note set out under section 3701 of this title.

AMENDMENTS

1973-Subsec. (a). Pub. L. 93-83 reenacted provisions without change.

Subsec. (b). Pub. L. 93-83 substituted "Administration or any of its duly authorized representatives" for "Administration and the Comptroller General of the United States, or any of their duly authorized representatives".

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

Subsec. (d). Pub. L. 93-83 redesignated former subsec. (c) as (d).

EFFECTIVE DATE OF 1973 AMENDMENT Amendment of 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.

§ 3770. Program or project costs; use of unobligated Federal funds for 90 percent of costs; non-Federal appropriation of non-Federal share of costs.

Any funds made available under subchapters II, III, and V of this chapter 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 nonFederal share of the cost of any such program or

project shall be of money appropriated in the aggregate by the State or units of general local government. (Pub. L. 90-351, title I, § 523, as added Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 215.)

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.

§ 3771. Information available for prescribed purposes. (a) Prohibition against use or revelation of information for other than stated purposes; immunity of copies from legal process; requirement of consent for admission as evidence or for use in judicial or administrative proceedings.

Except as provided by Federal law other than this chapter, no officer or employee of the Federal Government, nor any recipient of assistance under the provisions of this chapter shall use or reveal any research or statistical information furnished under this chapter 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 chapter. 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) Criminal history information; disposition and arrest data; procedures for current collection, storage, and dissemination; security and privacy; use for lawful purposes; challenge or correction of information of automated system.

All criminal history information collected, stored, or disseminated through support under this chapter 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 shall take place under procedures reasonably designed to insure that all such information is kept current therein; the Administration shall assure that the security and privacy of all information is adequately provided for and that information shall only be used for law enforcement and criminal justice and other lawful purposes. In addition, an individual who believes that criminal history information concerning him contained in an automated system is inaccurate, incomplete, or maintained in violation of this chapter, shall, upon satisfaction 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) Penalties for violations.

Any person violating the provisions of this section, or of any rule, regulation, or order issued thereunder, shall be fined not to exceed $10,000, in addition to any other penalty imposed by law. (Pub. L. 90-351, title I, § 524, as added Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 215.)

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.

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