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relating to its functions under this Act, except such records as are required to be kept confidential by any other provisions of local, State, or Federal law. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 198.)

REFERENCES IN TEXT

For classifications in the Code of this Act, referred to in subsec. (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 substituted "law enforcement and criminal justice" for "law enforcement", authorized inclusion of representatives of citizens, professional, and community organizations in the State planning agency and any regional planning units within the State, and required such regional planning units to be comprised of a majority of local elected officials.

Subsec. (b) (1)−(3). Pub. L. 93-83 provided for improvement of criminal justice in cls. (1)–(3).

Subsec. (c). Pub. L. 93-83 substituted "law enforcement and criminal justice planning responsibilities" for "law enforcement planning responsibilities".

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

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.

§3724. Amount of grant; limitation; State appropriation of moneys for State share of non-Federal funding of expenses; minimum State share.

A Federal grant authorized under this subchapter shall not exceed 90 per centum of the expenses incurred by the State and units of general local government under this subchapter, and may be up to 100 per centum of the expenses incurred by regional planning units under this subchapter. The nonFederal 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-half of the non-Federal funding required of units of general local government under this subchapter. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 199.)

AMENDMENTS

1973-Pub. L. 93-83 substituted "expenses incurred by the State and units of general local government under this subchapter", for "expenses of the establishment and operation of the State planning agency, including the preparation, development, and revision of the plans required by subchapter III of this chapter", authorized a Federal grant up to 100 per centum of the expenses incurred by regional planning units under this subchapter, and provided that 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-half of the non-Federal funding required of units of general local government under this subchapter.

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.

§ 3725. Allocation of funds.

Funds appropriated to make grants under this subchapter for a fiscal year shall be allocated by the Administration among the States for use therein by the State planning agency or units of general local government, as the case may be. The Administration shall allocate $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. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 199.)

AMENDMENTS

1973-Pub. L. 93-83 increased the amount of money allocated to each State from $100,000 to $200,000.

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 III.-GRANTS FOR LAW ENFORCEMENT AND CRIMINAL JUSTICE PUR

POSES

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 3750b, 3768, 3770, 3795 of this title.

§ 3731. General provisions. (a) Statement of purpose.

It is the purpose of this subchapter to encourage States and units of general local government to carry out programs and projects to improve and strengthen law enforcement and criminal justice.

(b) Categories of programs and projects.

The Administration is authorized to make grants to States having comprehensive State plans approved by it under this subchapter, for:

(1) Public protection, including the development, demonstration, evaluation, implementation, and purchase of methods, devices, facilities, and equipment designed to improve and strengthen law enforcement and criminal justice and reduce crime in public and private places.

(2) The recruiting of law enforcement and criminal justice personnel and the training of personnel in law enforcement and criminal justice.

(3) Public education relating to crime prevention and encouraging 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 informationrelating 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-community relations and grievance resolution mechanisms; community patrol activities; encouragement of neighborhood participation in crime prevention and public safety efforts; and other activities designed to improve police capabilities, public safety and the objectives of this section: Provided, That in no case shall a grant be made under this subcategory without the approval of the local government or local law enforcement and criminal justice agency.

(8) The establishment of a Criminal Justice Coordinating Council for any unit of general local government or any combination of such units within the State, having a population of two hundred and fifty thousand or more, to assure improved planning and coordination of all law enforcement and criminal justice activities.

(9) The development and operation of communiity-based delinquent prevention and correctional programs, emphasizing halfway houses and other community-based rehabilitation centers for initial preconviction or post-conviction referral of offenders; expanded probationary programs, including paraprofessional and volunteer participation; and community service centers for the guidance and supervision of potential repeat youthful offenders.

(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) Percentage of grant; limitation; land acquisition prohibition; Federal share for grants to Indian tribes or other aboriginal groups; State appropriation of moneys for State share of non-Federal funding of program costs.

The portion of any Federal grant made under this section for the purposes of paragraph (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 centum of the cost of the program or project specified in the application for such grant. No part of any grant made under this section for the purpose of renting, leasing, or constructing buildings or other physical facilities shall be used for land acquisition. In the case of a grant under this section to an Indian tribe or other aboriginal group, if the Administration determines that the tribe or group does not have sufficient funds available to meet the local share of the cost of any program or project to be funded under the grant, the Administration may increase the Federal share of the cost thereof to the extent it deems necessary. The non-Federal funding of the cost of any program or project to be funded by a grant under this section shall be of money appropriated in the aggregate, by State or individual units of government, for the purpose of the shared funding of such programs or projects.

(d) Compensation of personnel; limitations. Not more than one-third of any grant made under this section may be expended for the compensation of police and other regular law enforcement and criminal justice personnel. The amount of any such grant expended for the compensation of such personnel shall not exceed the amount of State or local funds made available to increase such compensation. The limitations contained in this subsection shall not apply to the compensation of personnel for time engaged in conducting or undergoing training programs or to the compensation of personnel engaged in research, development, demonstration or other short-term programs. (As amended Pub. L. 9383, § 2, Aug. 6, 1973, 87 Stat. 199.)

AMENDMENTS

1973-Subsec. (a). Pub. L. 93-83 provided for improvement and strengthening of criminal justice.

Subsec. (b)(1)-(3). Pub. L. 93-83 substituted "law enforcement and criminal justice" for "law enforcement" wherever appearing.

Subsec. (b)(4). Pub. L. 93-83 reenacted provisions without change.

Subsec. (b) (5). Pub. L. 93-83 substituted "law enforcement and criminal justice" for "law enforcement". Subsec. (b) (6). Pub. L. 93-83 substituted "law enforcement and criminal justice" for "law enforcement" where appearing first two times in the text.

Subsec. (b) (7), (8). Pub. L. 93-83 substituted "law enforcement and criminal justice" for "law enforcement" wherever appearing.

Subsec. (b) (9). Pub. L. 93-83 substituted "communitybased" and "preconviction or post-conviction" for "community based" and "preconviction of postconviction". Subsec. (b) (10). Pub. L. 93-83 added par. (10).

Subsec. (c). Pub. L. 93-83 deleted former first sentence reading "The portion of any Federal grant made under this section for the purposes of paragraph (5) or (6) of subsection (b) of this section may be up to 75 per centum of the cost of the program or project specified in the application for such grant", increased from 75 to 90 per centum the portion of Federal grant available for program or project cost, deleted introductory text of last sentence reading "Effective July 1, 1972, at least 40 per centum of" and substituted therein "individual units" for "individual unit".

Subsec. (d). Pub. L. 93-83 substituted "law enforcement and criminal justice personnel" and "expended" for "law enforcement personnel" and "expanded".

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.

§ 3732. State planning agency, establishment; comprehensive State plan, submission.

Any State desiring to participate in the grant program under this subchapter shall establish a State planning agency as described in subchapter II of this chapter and shall within six months after approval of a planning grant under subchapter II of this chapter submit to the Administration through such State planning agency a comprehensive State plan developed pursuant to subchapter II of this chapter. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 201.)

AMENDMENTS

1973-Pub. L. 93-83 substituted "State plan developed" for "State plan formulated".

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 section 3738 of this title.

§ 3733. State plans.

(a) Comprehensive requirements; expenditure of paragraph (2) funds for improvement of law enforcement and criminal justice.

The Administration shall make grants under this chapter to a State planning agency if such agency has on file with the Administration an approved comprehensive State plan (not more than one year in age) which conforms with the purposes and requirements of this chapter. No state plan shall be approved as comprehensive unless the Administration finds that the plan provides for the allocation of adequate assistance to deal with law enforcement 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 program, whether or not funded under this chapter, 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 subchapter for any fiscal year which corresponds to the per centum of the State and local law enforcement expenditures funded and expended in the immediately preceding fiscal year by units of general local government will be made available to such units or combinations of such units in the immediately following fiscal year for the development and implementation of programs and projects for the improvement of law enforcement and 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 immediately preceding fiscal year shall be based upon the most accurate and complete data available for such fiscal year or for the last fiscal year for which such data are available. The Administration shall have the authority to approve such determinations and to review the accuracy and completeness of such data;

(3) adequately take into account the needs and requests of the units of general local government in the State and encourage local initiative in the development of programs and projects for improvements in law enforcement and 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 submitted to the State planning agency for approval or disapproval, in whole or in part, annually from units of general local government or combinations thereof having a population of at least two hundred and fifty thousand persons to use funds received under this subchapter to carry out a comprehensive plan consistent with the State comprehensive plan for the improve

ment of law enforcement and criminal justice in the jurisdiction covered by the plan;

(5) incorporate innovations and advanced techniques and contain a comprehensive outline of priorities for the improvement and coordination of all aspects of law enforcement and criminal justice, dealt with in the plan, including descriptions of: (A) general needs and problems; (B) existing systems; (C) available resources; (D) organizational systems and administrative machinery for implementing the plan; (E) the direction, scope, and general types of improvements to be made in the future; and (F) to the extent appropriate, the relationship of the plan to other relevant State or local law enforcement and criminal justice, plans and systems;

(6) provide for effective utilization of existing facilities and permit and encourage units of general local government to combine or provide for cooperative arrangements with respect to services, facilities, and equipment;

(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 continue 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 subchapter after a reasonable period of Federal assistance;

(10) demonstrate the willingness of the State to contribute technical assistance or services for programs and projects contemplated by the statewide comprehensive plan and the programs and projects contemplated by units of general local government or combinations of such units;

(11) set forth policies and procedures designed to assure that Federal funds made available under this chapter will be so used as not to supplant State or local funds, but to increase the amounts of such funds that would in the absence of such Federal funds be made available for law enforcement 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 received under this chapter;

(13) provide for the maintenance of such data and information, and for the submission of such reports in such form, at such times, and containing such data and information as the National Institute for Law Enforcement and Criminal Justice may reasonably require to evaluate pursuant to section 3742 (c) of this title programs and projects carried out under this chapter and as the Administration may reasonably require to administer other provisions of this chapter;

(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 approved or disapproved, in whole or in part, no later than ninety days after receipt by the State planning agency, (B) if not disapproved (and returned with the reasons for such disapproval, including the reasons for the disapproval of each fairly severable part of such application which is disapproved) within ninety days of such application, any part of such application which is not so disapproved shall be deemed approved for the purposes of this chapter, and the State planning agency shall disburse the approved funds to the applicant in accordance with procedures established by the Administration, (C) the reasons for disapproval of such application or any part thereof, in order to be effective for the purposes of this section, shall contain a detailed explanation of the reasons for which such application or any part thereof was disapproved, or an explanation of what supporting material is necessary for the State planning agency to evaluate such application, and (D) 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.

1

Any portion of the per centum to be made available pursuant to paragraph (2) of this section in any State in any fiscal year not required for the purposes set forth in such paragraph (2) shall be available for expenditure by such State agency from time to time on dates during such year as the Administration may fix, for the development and implementation of programs and projects for the improvement of law enforcement and criminal justice and in conformity with the State plan.

(b) Findings of Administration; awards on basis of population for programs or projects in approved plans.

No approval shall be given to any State plan unless and until the Administration finds that such plan reflects 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 chapter 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) Statewide priorities, special considerations, and court and correctional programs and practices. No plan shall be approved as comprehensive unless it establishes statewide priorities for the improvement and coordination of all aspects of law enforcement and criminal justice, and considers the relationships of activities carried out under this chapter to related activities being carried out under other Federal programs, the general types of improvements to be made in the future, the effective utilization of

1 So in original. Text received subsection designations under provisions of Pub. L. 93-83.

existing facilities, the encouragement of cooperative arrangements between units of general local government, innovations and advanced techniques in the design of institutions and facilities, and advanced practices in the recruitment, organization, training, and education of law enforcement and criminal justice personnel. It shall thoroughly address improved court and correctional programs and practices throughout the State. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 201.)

AMENDMENTS

1973-Subsec. (a). Pub. L. 93-83 designated existing provisions as subsec. (a), substituted "law enforcement and criminal justice" for "law enforcement" in introductory text, required the State plan to include a comprehensive program, whether or not funded under this chapter, for improvement of juvenile justice, and made additional changes as described hereunder.

Subsec. (a) (1). Pub. L. 93-83 reenacted provisions without change.

Subsec. (a) (2). Pub. L. 93-83 deleted following introductory "provide that" the text reading "at least 75 per centum of all Federal funds granted to the State planning agency under this subchapter for any fiscal year will be available to units of general local government or combinations of such units for the development and implementation of programs and projects for the improvement of law enforcement, except that each such plan shall provide that beginning July 1, 1972,", and substituted "law enforcement and criminal justice" and "onehalf" for "law enforcement" and "one-fourth".

Subsec. (a) (3). Pub. L. 93-83 reenacted provisions, substituting "law enforcement and criminal justice” for “law enforcement".

Subsec. (a) (4). Pub. L. 93-83 added par. (4). Former par. (4) redesignated (5).

Subsec. (a) (5). Pub. L. 93-83 redesignated former par. (4) as (5), substituted "law enforcement and criminal justice, dealt with in the plan" and "law enforcement and criminal justice, plans" for "law enforcement dealt with in the plan" and "law enforcement plans" in introductory text and cl. (F), respectively. Former par. (5) redesignated (6).

Subsec. (a) (6)–(9). Pub. L. 93-83 redesignated former pars. (5) to (8) as pars. (6) to (9). Former par. (9) redesignated (10).

Subsec. (a) (10). Pub. L. 93-83 redesignated former par. (9) as (10) and added the concluding words "or combinations of such units". Former par. (10) redesignated (11).

Subsec. (a) (11). Pub. L. 93-83 redesignated former par. (10) as (11) and substituted "law enforcement and criminal justice" for "law enforcement". Former par. (11) redesignated (12).

Subsec. (a) (12). Pub. L. 93-83 redesignated former par. (11) as (12) and substituted "fund accounting, audit, monitoring, and evaluation procedures as may be necessary to assure fiscal control, proper management, and disbursement of funds received under this chapter" for "fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting of funds received under this subchapter". Former par. (12) redesignated (13).

Subsec. (a) (13). Pub. L. 93-83 redesignated former par. (12) as (13), and inserted provisions relating to maintenance of data and information by the Institute and the Administration, the time of submission of reports, the submission of data, Institute evaluation of programs and projects carried out under this chapter, and administration of other provisions of this chapter by the Administration.

Subsec. (a) (14), (15). Pub. L. 93-83 added pars. (14) and (15).

Subsecs. (b), (c). Pub. L. 93-83 added subsecs. (b) and

(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.

§ 3734. Applications for financial assistance from local government units; disbursements by State planning agencies.

State planning agencies shall receive applications for financial assistance from units of general local government and combinations of such units. When a State planning agency determines that such an application is in accordance with the purposes stated in section 3731 of this title and is in conformance with any existing statewide comprehensive law enforcement plan, the State planning agency is authorized to disburse funds to the applicant. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 203.)

[blocks in formation]

(a) Percentage limitation; land acquisition prohibition; Federal share for grants to Indian tribes or other aboriginal groups; State appropriation and private organization furnishing of moneys for nonFederal share of program or project cost; funding incentives of cooperating States and units of general local government for improvement of law enforcement and criminal justice.

The funds appropriated each fiscal year to make grants under this subchapter shall be allocated by the Administration as follows:

(1) Eighty-five per centum of such funds shall be allocated among the States according to their respective populations for grants to State planning agencies.

(2) Fifteen per centum of such funds, plus any additional amounts made available by virtue of the application of the provisions of sections 3735 and 3757 of this title to the grant of any State, may, in the discretion of the Administration, be allocated among the States for grants to State planning agencies, units of general local government, combinations of such units, or private nonprofit organizations, according to the criteria and on the terms and conditions the Administration determines consistent with this chapter. Any grant made from funds available under paragraph (2) of this subsection may be up to 90 per centum of the cost of the program or project for which such grant is made. No part of any grant under such paragraph for the purpose of renting, leasing, or constructing buildings or other physical facilities shall be used for land acquisition. In the case of a grant under such paragraph to an Indian tribe or other aboriginal group, if the Administration determines that the tribe or group does not have sufficient

funds available to meet the local share of the costs of any program or project to be funded under the grant, the Administration may increase the Federal share of the cost thereof to the extent it deems necessary. The limitations on the expenditure of portions of grants for the compensation of personnel in subsection (d) of section 3731 of this title shall apply to a grant under such paragraph. 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 provided in the aggregate by a private nonprofit organization. The Administration 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 purpose of improving law enforcement and criminal justice.

(b) Reallocation of funds.

If the Administration determines, on the basis of information available to it during any fiscal year, that a portion of the funds allocated to a State for that fiscal year for grants to the State planning agency of the State will not be required by the State, or that the State will be unable to qualify to receive any portion of the funds under the requirements of this subchapter, that portion shall be available for reallocation to other States under paragraph (1) of subsection (a) of this section. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 203.)

AMENDMENTS

1973-Subsec. (a). Pub. L. 93-83 authorized discretionary award of grants to private nonprofit organizations in par. (2), increased from 75 to 90 per centum of program or project cost the amount of grant that may be made under par. (2), substituted "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 provided in the aggregate by a private nonprofit organization" for "Effective July 1, 1972, at least 40 per centum of the non-Federal funding of the cost of any program or project to be funded by a grant under such paragraph shall be of money appropriated in the aggregate, by State or individual unit of government, for the purpose of the shared funding of such programs or projects", and provided for making discretionary grants under par. (2) so as to accord funding incentives to cooperating States and units of general local government for the purpose of improving law enforcement and criminal justice. 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.

§ 3737. Priority programs and projects.

In making grants under this subchapter, the Administration and each State planning agency, as the case may be, shall give special emphasis, where appropriate, or feasible, to programs and projects dealing with the prevention, detection, and control of organized crime and of riots and other violent civil disorders. (As amended Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 204.)

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