exercise of its functions, and are consistent with the stated purpose of this title.

"SEC. 502. The Administration may delegate to any officer or official of the Administration, or, with the approval of the Attorney General to any officer of the Department of Justice such functions as it deems appropriate.

"SEC. 503. The functions, powers, and duties specified in this title to be carried out by the Administration shall not be transferred elsewhere in the Department of Justice unless specifically hereafter authorized by the Congress.

"SEC. 504. 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.

"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 Administrator of Law Enforcement Assistance (2)' and inserting in lieu thereof 'Deputy Administrator for Policy Development.'

"(b) Section 5316 is amended by adding at the end thereof 'Deputy Administrator for Administration.'

"(c) Section 5108 (c) (10) is amended by deleting the word 'twenty' and inserting in lieu thereof the word 'twenty-four'.

"SEC. 507. Subject to the civil service and classification laws, the Administration is authorized to select, appoint, employ, and fix compensation of such officers and employees, including hearing examiners, as shall be necessary to carry out its powers and duties under this title.

"SEC. 508. The Administration is authorized, on a reimbursable basis when appropriate, to use the available services, equipment, personnel, and facilities of the Department of Justice and of other civilian or military agencies and instrumentalities of the Federal Government, and to cooperate with the Department of Justice and such other agencies and instrumentalities in the establishment and use of services, equipment, personnel, and facilities of the Administration. The Administration is further authorized to confer with and avail itself of the cooperation, services, records, and facilities of State, municipal, or other local agences, and to receive and utilize, for the purposes of this title, property donated or transferred for the general 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. The Administration is also authorzed to transfer funds to the Amercan Revolution Bicentennial Commission or any other Federal agency dealing with activities of the Bicentennial for planning or coordinating law enforcement efforts and other appropriate efforts related to Administration activities.

"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

(a) the provisions of this title; "b) regulations promulgated by the Administration under this tile; or

"(c) a plan or application submitted in accordance with the provisions of this title; the Administration shall notify such applicant or grantee that further payments shall

not be made (or in its discretion that further payments shall not be made for activities in which there is such failure), until there is no longer such failure.

"SEC, 510. (a) In carrying out the functions vested by this title in the Administration, the determination, findings, and conclusions of the Administration shall be final and conclusive upon all applicants except as hereinafter provided.

"(b) If the application has been rejected or an applicant has been denied a grant or has had a grant, or any portion of a grant, discontinued, or has been given a grant in a lesser amount than such applicant believes appropriate under the provisions of this title, 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) 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.

"SEC. 511. (a) 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 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 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, United States Code.

"(b) 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) Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Administration or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.

"SEC. 512. Unless otherwise specified in this title, the Administration shall carry out the programs provided for in this title during the fiscal year ending June 30, 1974, and the four 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 material as the Administration deems necessary to carry out its functions under this title. 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 title shall, to the maximum extent practicable, consult with and seek 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 activities assisted under or related to the purposes of this title;

"(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 purpose of this section may be expended by grant or contract as the Administration may determine to be appropriate.

"SEC. 516. (a) Payments under this title may be made in installments, and in advance or by 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', approved February 2; 1935 (31 U.S.C. 551).

"(b) Not more than 12 per centum of the sums appropriated for any fiscal year to carry out the provisions of this title may be used within any one State except that this limitation shall not apply to grants made pursuant to part D.

"SEC. 517. (a) The Administration may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates of compensation for individuals not to exceed the daily equivalent of the rate authorized for GS-18 by 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 advise the Administration with respect to the administration of this title as it deems necessary. Members of those committees not otherwise in the employ of the United States, while er.gaged 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 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 eliminnate 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 government or any unit of general local government has failed to comply with subsection (c) (1) or an applicable regluation, 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 is authorized:

"(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 (d));

"(C) to exercise the powers and functions provided in section 509 of this title; or "(D) to take such other action as may be provided by law.

"(3) Whenever the Attnorey 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.

"SEC. 519. 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 title during the preceding fiscal year.

"SEC. 520. There is authorized to be appropriated $1,000,000,000 for the fiscal year ending June 30, 1974; $1,250,000,000 for the fiscal year ending June 30, 1975; $1,500,000,000 for the fiscal year ending June 30, 1976; $1,750,000,000 for the fiscal year ending

June 30, 1977; and $2,000,000,000 for the fiscal year ending June 30, 1978. 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 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 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, nad such other records as will facilitate an effective audit.

"(b) The Administration and the Comptroller General of the United States, or any

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

"(c) The provisions of this section shall apply to all receipients of assistance under this Act, whether by direct grant or contract from the Administration or by subgrant or subcontract from primary grantees or contractors of the Administration.

"SEC. 522. Section 204(a) of the Demonstration Cities and Metroplitan Development Act of 1966 is amended by inserting 'law enforcement 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 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 or general local government.

"SEC. 524. (a) Except as provided by Federal law other than this title, no officer or employee of the Federal Government, or any recipient 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) 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.

"SEC. 525. The last two sentences of section 203 (n) of the Federal Property and Administrative Services Act of 1949, as amended, are amended as follows: 'In addition, under such cooperative agreements, and subject to such other conditions as may be imposed by the Secretary of Health, Education, and Welfare, or the Director, Officer 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 (3) (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 Secretary or the Director or Administrator, Law Enforcement Assistance Administration, that such action is necessary to, or would facilitate, the effective use of such surplus property made available under the terms of a cooperative agreement, title thereto may with the approval of the Administrator be vested in the State agency.'

"PART G-DEFINITIONS

"SEC. 601. As used in this title

"(a) 'Law enforcement and criminal justice' means any activity pertaining to crime prevention, control or reduction of the enforcement of the criminal law, including, but not limited to police efforts to prevent, control, or reduce crime or to apprehend criminals, activities of courts having criminal jurisdiction and related agencies (including prosecutorial and defender services), activi

ties of corrections, probation, or parole authorities, and programs relating to the prevention, control, or redutcion of juvenile delinquency or narcotic addiction.

"(b) Organized crime' means the unlawful activities of the members of a highly organized, disciplined association engaged in supplying illegal goods and services, including but not limited to gambling, prostitution, loan sharking, narcotics, labor racketeering, and other unlawful activities of members of such organizations.

"(c) 'State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

"(d) 'Unit of general local government' means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State, an Indian tribe which performs law enforcement functions as determined by the Secretary of the Interior, or, for the purpose of assistance eligibility, any agency of the District of Columbia government or the United States Government performing law enforcement functions in and for the District of Columbia and funds appropriated by the Congress for the activities of such agencies may be used to provide the non-Federal share of the cost of programs or projects funded under this title: Provided, however, That such assistance eligibility of any agency of the United States Government shall be for the sole purpose of facilitating the transfer of criminal jurisdiction from the United States District Court for the District of Columbia to the Superior Court of the District of Columbia pursuant to the District of Columbia Court Reform and Criminal Procedure 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.

"(1) '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' means a council composed of not more than seven persons established pursuant to State law or established by the chief executive of the State for the purpose of this title, or an existing agency so designated, which council shall be broadly representative of law enforcement officials within such State and whose members by virtue of their training or experience shall be knowledgeable in the prevention and contro of organized crime.

"(h) Metropolitan area' means a standard metropolitan statistical area as established by the Office of Management and Budget subject, however, to such modifications and extensions as the Administration may determine to be appropriate.

"(1) 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 "(1) '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 extensions as the Administration may determine to be appro

priate.

"(k) 'Community service officer means any citizen with the capacity, 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 qualfications promulgated in regulations purs

ant to section 501 as the Administration may determine to be appropriate to further the purposes of section 301(b) (7) and this Act.

"(1) The term 'correctional institution or facility' means any place for the confinement or rehabilitation of juvenile offenders or individuals charged with or convicted of criminal offenses.

"(m) The term 'comprehensive' means that the plan must be a total and integrated analysis of the problems regarding the law enforcement and criminal justice system within the State. Goals, priorities, and standards must be established in the plan. The plan must address methods, organization, and operational performance; physical and human resources necessary to accomplish crime prevention, identification, detection, and apprehension of suspects; adjudication; custodial treatment of suspects and offenders; and institutional and noninstitutional rehabilitative measures.

"PART H-CRIMINAL PENALTIES "SEC. 651. Whoever embezzles, willfully misapplies, steals, or obtains 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. 652. Whoever knowingly and willfully 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 subject 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 ANNUAL REPORT OF FEDERAL LAW ENFORCEMENT AND CRIMINAL JUSTICE ACTIVITIES

"SEC. 670. The Attorney General, in consultation with the appropriate officials in the agencies involved, within 90 days of the end of each fiscal year shall submit to the President and to the Congress an Annual Report of Federal Law Enforcement and Criminal Justice Assistance Activities setting forth the programs conducted, expenditures 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. If the provisions of any part of this Act are found invalid or any amendments made thereby or the application thereof to any person or circumstances be held invalid, the provisions of the other parts and their application to other persons or circumstances shall not be affected thereby.

SEC. 4. This Act shall become effective upon the date of enactment.

EXHIBIT No. 2 SUMMARY-MAJOR FEATURES OF THE SUBCOMMITTEE AMENDMENTS

1. Present Law Retained-The basic block grant concept established by the Omnibus Crime Control and Safe Streets Act is retained. Separate planning fund and supplenental corrections fund sources remain essentially the same. State plan approval by LEAA and matching fund requirements, although modified, are retained.

2. Administration-The two Associate Administrators are replaced with a Deputy Administrator for Policy Development and a Deputy for Administrative Management.

3. Public Accountability-Open meeting and records access provisions are added.

4. State Planning Function-The minimum planning allocation is increased to $200,000. Regional planning boards are required to be governed by a majority of local executive officials.

8. Law Enforcement Education Program. Benefits for law enforcement students and interns have been increased. Another amend ment provides that a recipient of these funds need not remain in the same law enforcement agency to retain eligibility for benefits.

9. Correctional Program. New requirements have been added relating to narcotics treatment programs.

10. Accountability. The standard of State accountability has been upgraded and additional requirements for LEAA evaluation authority and responsibility are added.

11. Civil Rights. The provisions of Title VI of the Civil Rights Act are incorporated along with the optional remedies.

12. Confidential Information. Statistical and research information received for research purposes is governed by new confidentiality provisions.

13. Criminal Penalties. New language relating to criminal endeavors as well as completed acts has been added.

14. Authorization. A 5-year authorization is provided with provision for authorized funding from one billion dollars to two billion dollars over the 5-year period.

EXHIBIT No. 3 SECTION-BY-SECTION ANALYSIS OF SUCOMMITTEE AMENDMENT

Section 2-Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, is amended in its entirety as follows:

The Declarations and rurpose Clause has been amended to indicate that it is the purpose of this Act to reduce as well as prevent crime and juvenile delinquency. The words "criminal justice" have been added throughout to more accurately reflect the broader purposes of the program

PART A-LAW ENFORCEMENT ASSISTANCE
ADMINISTRATION

Sestcion 101-Section 101 of Part A retains within the Department of Justice, under the general authority of the Attorney General, a Law Enforcement Assistance Administration. The positions of Associate Administrators are deleted. Two Deputy Administrators are provided to be appointed by the President, by and with the advice and consent of the Senate. One Deputy will assist the Administrator in the policy area and the second Deputy will be delegated administrative functions. Concurrence is not required for the Administrator to exercise any functions.

PART B-PLANNING GRANTS

Sections 201 and 202-Sections 201 and 202 which provide for the adoption of comprehensive plans, and authorizes a grant program, remains the same with the addition of the words "criminal justice" here and conformed throughout the Act, to more accurately reflect the broader purposes of the program.

Section 203 (a)-Section 203 (a) is amended to provide that any regional planning units within the State shall be comprised of a majority of local elected executive officials and shall include representatives of law enforcement agencies.

Subsection (d) is added to Section 203 to require planning units to hold open meetings when final action is taken on a State plan or application for funds The subsection also requires that the planning agency provide for public access to non-confidential records.

Section 204-Section 204 has been amended to provide that a grant authorized under this part shall not exceed 90 per centum of the expenses incurred by the State or units of local government. The non-Federal funding of such expenses is now required to be of money appropriated in the aggregate with the State providing not less than one half of such funds required of units of local government. The grant to regional planning units, because of their lack of access to appropriated money, may be up to 100 per centum of the cost incurred in the planning process and the overall match requirement on the Part B grant is reduced accordingly.

Section 205-Section 205 is amended to increase the initial allocation to each State from $100,000 to $200,000. The remaining funds are thereafter allocated on a population basis.

PART C-LAW EFORCEMENT REVENUE SHARING The title of Part C has been amended to read "Law Enforcement Revenue Sharing" to more acurately reflect the basic concept of the block grant program.

Section 301(a)-Section 301 (a) g forth the purposes for which grants may be made, remain the same with the addition of the words "criminal justice" throughout Section 301(b)-Paragraph (10) is added to subsection (b) to authorize grants for interstate metropolitan area planning.

Section 301 (c)-Section 301 (c) changes the matching fund requirements from a combination of cash and in-kind match totaling 25% to a total 10% cash match appropriated on an aggregate basis by the city, county, State or non-profit organization recipient. The aggregate basis permits a recipient to meet the requirement by provision of 10% cash to any number of the total subgrants it receives in any year, so long as the Federal share of its grants does not exceed 90% of the total costs of the programs and projects undertaken.

Section 301 (d)-Subsection (d) of section 301 regarding personnel compensation limitations remains the same.

Section 302-Section 302 has a technical amendment requiring the State planning agency to submit a comprehensive State plan

developed rather than formulated pursuant

to Part B.

Section 303-Section 303 (a) (2) is amended to require that the State provide in the aggregate not less than one-half of the nonfederal funding of programs and projects undertaken by units of general local government or combination of such units under paragraph (2) with the required Part C passthrough funds.

Three new paragraphs are added: paragraph (12) requires the maintenance and submission of reports as may be required to evaluate the programs and projects under this title and to administer other provisions of this title; paragraph (13) is added to provide funding incentives-the purpose of this provision is to eliminate fragmentation and duplication of functions which would more effectively be administered in a coordinated manner; paragraph (14) has been added to provide applicants for subgrants with a fixed period of 90 days in which to get a response to an application for funds. It also provides that the basis for disapproval be set forth when a denial is made.

Section 304 and Section 305-Section 304 and section 305 remain the same.

Section 306-Section 306 (a) (2) is amended to permit nonprofit organizations to be eligible direct recipients of discretionary grant awards and to accord coordinated program effort funding incentives.

Section 307-Section 307 contains a technical amendment, deleting subsection (b) since no longer applicable.

Section 308-Section 308 is new. This section has been added to require that each State plan be either approved or disapproved by the Administration no later than 90 days after submission. Where a plan is disapproved, there must be an explanation either as to how the plan failed to comply with the provisions of section 303 (b) or what supporting material is necessary for the Administration to evaluate such plan.

PART D-TRAINING, EDUCATION, RESERACH,
DEMONSTRATION AND SPECIAL GRANTS

Section 401--Section 401 states the purpose of this part.

Section 402--Section 402 (a) is amended to provide for a Director of the Institute appointed by the Administrator. In addition, the purpose of the Institute has been expanded to encompass the dissemination of data on the efforts of State and local governments to improve and strengthen law enforcement and criminal justice.

A new subparagraph (c) has been added which authorizes the Institute to serve as a national and international clearinghouse for the exchange of law enforcement and criminal justice information.

The Institute is required, where possible, to evaluate various programs and projects carried out under this title and report annually to the President, Congress and State planning agencies concerning activities undertaken pursuant to paragraphs (1), (2), (3), (5) and (6) of subsection (b).

Section 403 and Section 404-Section 403 and section 404 remain the same.

Section 405-Section 405 remains the same. Section 406-Section 406 remains the same with the exception that the loan payments have been increased under subsection (b) to $2,200 from $1,800; in subsection (c) assistance has been increased from $200 to $250, and from $300 to $400; in subsection (f) internship grants from $50 to $65. In addition, subsection (c) is amended to provide that a recipient of funds under this provision must remain in the law enforcement and criminal justice system, rather than the same agency to retain eligibility for the benefits.

Section 407 and Section 408-Section 407 and section 408 remain the same. PART E-GRANTS FOR CORRECTIONAL INSTITUTIONS AND FACILITIES

Section 451 and Section 452-Sections 451 and 452 providing for grants for the im

provement of correctional programs and practices remain the same.

Section 453-Section 453 has been amended by adding a new paragraph (9) to require that the plan provide for the development and operation of narcotic treatment programs in appropriate correctional institutions and in connection with probation or other supervisory release programs for all those incarcerated or on parole who are drug addicts or drug abusers.

Former paragraph (9) has been renumbered paragraph (10).

Section 454-Section 454 has been amended to provide that the Administration issue guidelines for drug treatment programs.

Section 455-Section 455 has been amended to allow up to 90 per centum federal funding of programs and projects under this part. The non-federal funding must be money appropriated in the aggregate by the State or units of general local government. The term "aggregate" applies to the total of all subgrants to a recipient. Where a subgrant is to a nonprofit organization, such an organization shall provide the non-federal share of funds.

PART F-ADMINISTRATIVE PROVISIONS Section 501, 502, 503 and 504-are retained as in the present Act.

Section 505-remains the same.

Section 506-Section 506 amends title 5, United States Code to (1) delete the positions of Associate Administrators; (2) add two Deputy Administrators (one at the executive level 4 and one at the executive level 5); and (3) increase the number of GS-16, 17 and 18 grade levels allotted to the Administration from twenty to twenty-four.

Section 507-Section 507 remains the same. Section 508-Section 508 is amended to provide authority to the Administration to transfer funds or otherwise provide for planning or coordinated law enforcement efforts for activities of the American Revolution Bicentennial Commission.

Section 509 through Section 511-are retained as in the present Act.

Section 512-Section 512 authorizes the continuation of the program through FY

1978.

Section 513 and 514 are retained as in the present Act.

Section 515-Section 515 remains the same with the exception that the authority to collect, evaluate and 'transfer law enforcement information of an international origin is specified.

Section 516 and Section 517 are retained as in the present Act.

Section 518-Section 518 is amended to add a new subsection (c) which provides that no person shall be excluded from participation in the program or projects funded under this Act due to discrimination. Paragraph (2) and (3) of subsection (c) sets forth the actions that may be taken by the Administration and the Attorney General upon a failure to comply with subsection (c) (1).

Section 519-Section 519 is amended by deleting subsection (b) since the Administration has submitted the legislation requested in this subsection.

Section 520-Section 520 is amended to authorize appropriations through FY 1978. Insofar as Part E is concerned, an amount not less than 20 per centum of the amount allocated for the purposes of part C shall be allocated for the purposes of part E.

Section 521 and Section 522 remain the

same.

Section 523-Section 523 provides for a retroactive application of the new hard match requirements to programs and projects in State plans funded prior to FY '74 but not yet obligated by the State to State or local subgrantees. The provision applies to Parts B and E funds as well as Part C funds. It is specified so that competitive fund sources will not be available during the

initial stages of the new matching requirements.

Section 524-Section 524 provides for the confidentiality of statistical and research information collected under Administration programs and for civil sanctions to enforce such confidentiality.

Section 525-Section 525 amends section 203 (n) of the Federal Property and Administrative Services Act of 1949, as amended, to provide authority to donate federal surplus property to a State agency to use for law enforcement purposes.

PART G-DEFINITIONS

Section 601-The definitions in section 601 remain the same except for the following changes: Subsection (a) specifies prosecutorial and defender services to those agencies considered as law enforcement and criminal justice-related agencies; subsection (m) is added which defines the term "comprehensive" as it applies to a State plan.

PART H-CRIMINAL PENALTIES

Section 651-Section 651 is amended to provide a higher standard of care in handling Administration funds. The amendment provides penalties for those endeavoring to embezzle, willfully misapply, steal, or obtain by fraud, any funds, assets or property which are subject of a grant or contract or other form of assistance under this Act. This has been added to strengthen this provision in order to cover those who may not have totally completed the conversion of such funds or property to their use or gain or those who may have received said funds or property knowingly.

Section 652 and Section 653 remain the

2. The House Bill replaced the Associate Administrators with one Deputy.

3. Open meetings and record access provisions. (See Sec. 203 (d)).

4. New hard match provisions and no match provisions for regional units receiving planning grants. (See sec. 204.)

5. Increased Part B planning fund min!mum allocation to $200,000. (See Sec. 205.) 6. Added 90-10 hard match aggregate requirements. (See Sec. 301 (c).)

7. Included 50% State buy-in requirements. (See sec. 303 (a) (2).)

8. Included accounting up-grading language; and other changes related to data and reporting, funding incentives, and a limited subgrant review cycle. (See Sec. 303 (a) (11 thru 14).)

9. Included new "comprehensive" requirements specifying a "determined effort" to improve the quality of law enforcement and an emphasis on establishment of statewide improvement priorities as elements necessary to approval of a State plan by LEAA. (See Sec. 303 (b) and (c).)

10. Included direct discretionary grant suthority for nonprofit organizations. See Sec. 306(a)(2).)

11. Included 90-10 cash match for discretionary grants. (See Sec. 306(a) (2).) 12. Included funding incentives for "co

ordination" efforts in the discretionary program. (See Sec. 306 (a) (2).)

13. Included a requirement for administration approval of State plans within 60 days. (See Sec. 308).

14. Included a specification for a "Director" of the Institute. (See Sec. 402(a).)

15. Amended Institute purpose statement to include the dissemination of research data to State and local governments. (See Sec. 402 (a).)

16. Expanded Administration report and evaluation authority and responsibility. (See Sec. 402(c).)

17. Increased benefits for LEEP and internship recipients to take into account cost of living increases. (See Sec. 406(b) (c) (f). (Kennedy internship amendments of 1970).)

(18. Added Part E criteria related to narcotics treatment programs (as part of the overall State correctional effort) and guideline authority on the same. (See Sec. 453 (9) and 454.)

19. Included hard match for Part E but provided for additional authority to permit nonprofit organization funds to be used when a nonprofit organization is the grantee. (See Sec. 455(a) (2).)

20. Adopted in general the civil rights language. (See Sec. 518 (c).)

21. Adopted retroactive hard match provision but incorporated technical change to reflect current practice related to obligation of funds, i.e., clarified that the provision would not apply to the mid-point of an ongoing project. (See Sec. 523.)

22. Included confidentiality requirements of statistical and research information received by LEAA for research purposes. (See Sec. 524.)

23. Adopted a definition of the term "comprehensive." (See Sec. 601 (m).)

24. Adopted new criminal penalties language. (See Sec. 651.)

B. The following differences include items contrary or substantially differing from the House bill provisions and includes other changes to existing legislation:

1. 5 year authorization. (See Secs. 512 and 520.)

2. Part C has been designated Law Enforcement Revenue Sharing.

3. Two deputies have replaced the two Associates. Levels have been reset to:

(1) Deputy Administrator for Policy Development-Level 4

(11) Deputy Administrator for Administration-Level 5 (See Secs. 101 and 506.)

4. State Supervisory composition remains the same while a majority of elected officials is required for regional boards. See Sec. 203 (a).)

5. For State subgrants to nonprofit organizations, nonprofit organization cash is good hard match. (See Sec. 301(c) for Part C and Sec. 455(a) (a) for Part E.)

6. The retroactive match provision is technically changed to reflect that prior State awarded funds will not be subject to two different match rules. (See Sec. 523.)

7. International activity authority has been added for information and research purposes. (See Sec. 402 and 515).

8. Donation of surplus Federal property authority has been added. (See Sec. 525).

9. Bicentennial funding and staffing authority has been added. (See Sec. 508).

10. Four supergrades have been added. (See Sec. 505).

11. Appropriation authorization is set forth going from $1 billion dollars in 1974 in increments to $2 billion in 1978.

12. The expanded Institute training function has not been adopted per the House version and the FBI and 407 (grant supported regional law enforcement training) training authority has been retained.

13. An amendment authorizing grants for bi-state metropolitan planning units has been added. (See Sec. 301(b) (10). (Mathias Amendment)

14. An amendment allowing a LEEP recipient to be employed anywhere in the criminal justice system rather than by the same agency for a two year period (Taft amendment) (See Sec. 406(c)).

EXHIBIT No. 5

EXCEPTS FROM SUBCOMMITTEE REPORT

PURPOSE

The purpose of S. 1234, as amended is to make a variety of amendments to title I of the Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90-351; 42 U.S.C. 3701 et seq.) that established the federal Law Enforcement Assistance Administration

(LEAA) and authorized it to provide finan

cial and technical assistance to the States and local governments for improved methods of law enforcement and crime control. Most importantly, the bill would authorize appropriations for LEAA for the next five fiscal years, modify the administrative management of LEAA, and make numerous changes in the Safe Streets Act designed to address deficiencies that have in the past hampered LEAA's responsiveness to the needs of the States and cities.

GENERAL STATEMENT

LEAA's initial 5-year authorization expires on June 30, 1973. Numerous legislative proposals have been introduced to extend the program. On June 5 and 6 of this year, the Subcommittee on Criminal Laws and Procedures held hearings on a number of such proposals. During the hearings, the subcommittee received testimony from the Attorney General, Members of Congress, Mayors, State directors of the LEAA program, and representatives of the National League of Cities/ United States Conference of Mayors, the National Association of Counties, the Lawyers' Committee for Civil Rights Under Law, the National Association of Regional Councils and the National Association of Urban Criminal Justice Planning Directors.

Points of view expressed during the hearings ranged from the testimony of the Attorney General in support of the Administration's special law enforcement revenue sharing proposal, which would largely convert LEAA funding into an annual population-based "no strings attached" grant to each State with greatly reduced federal direction and control, to testimony of Members of Congress and others in support of various proposals to modify the Stateed block grant program by providing for direct categorical or block grants to the larger cities based upon population and crime statistics.

After carefully studying all of the bills and considering the testimony received, the Committee has rejected all proposals for major changes in the LEAA program. In this regard, the Committee agrees with the conclusions reached by the Judiciary Committee of the House of Representatives, which, after extensive hearings, favoraby reported a bill (H.R. 8152) which retains the basic structure and authority of LEAA, as set forth in the 1968 Act, with a number of changes designed to streamline the existing block grant funding mechanism and to emphasize LEAA's responsibility for administering the program and for assisting the States in comprehensive planning. The substitute bill incorporates most of the provisions of H.R. 8152.

The amendments to existing law are discussed in detail in the section-by-section analysis later in this report. The Committee believes it appropriate, however, to discuss at this point several of the more important amendments and the Committee's reasons for its decisions concerning them.

LEAA management

The bill eliminates entirely the unwieldly "troika" system of LEAA administration and replaces it with a single Administrator and two Deputy Administrators appointed by the

President with the advice and consent of the Senate. All policy and administrative authority is vested in the Administrator, a change that the Committee feels will enhance the operational and management efficiency of LEAA. Both S. 1234 as introduced and H.R. 8152 provided for the abolition of the troika and substitution of an Administrator and a single Deputy Administrator. The Committee has provided for two Deputy Administrators in anticipation that one deputy may be delegated administrative responsibilities and the other may assist the Administrator in policy matters.

Scope of the LEAA program

The Committee has adopted a series of changes included in H.R. 8152 designed to emphasize the intention of Congress that monies expended under the Safe Streets Act address all aspects of the criminal justice system-not merely police, and not merely the purchase of police hardware. To clarify this matter, the bill adds the words "and criminal justice" after the words "law enforcement" wherever they appear throughout the LEAA statute. In this regard, the bill broadens the definition of law enforcement and criminal justice" expressly to include prosecutorial and defender services, broadens the definition of the term comprehensive" as it relates to State plans and amends the Act's statement of purpose to include the purpose of rehabilitating criminals as well as detecting and apprehending them.

State plan approval

As noted, the Committee rejected proposals to delete the authority and responsibility of LEAA for assisting and supervising the State in comprehensive planning. In fact, LEEA is made more, not less, accountable in this regard.

Annual approval of State plans as a condition precedent to funding is retained, with the additional provision that a plan not be approved unless LEAA finds therein a "determined effort" to improve the quality of law enforcement and criminal justice throughout the State. This provision, together with the broadened definition of "comrephensive" as it relates to plan submismisions, is intended to stress the requirement that a State plan should do more than merely provide for a wide geographic or institutional distribution of funds within a State and avoid transgression of any provision of the Act or LEAA's regulations. It should be a balanced and integrated effort to address all of the particular needs of the State, including specifically the needs of the court system and correctional system as well as those of the police.

The Committee also expects a "determined effort" by LEAA to implement this increased standard of law enforcement and criminal Justice planning. In the Committee's opinion, LEAA has in the past not fully exercised the leverage provided to it by the plan approval authority to induce the State to improve the quality of planning for crime control programs. This is especially regrettable, since the plan approval function is in a real sense the keystone of the Act. Some States are meeting high standards in the implementation of LEAA programs, but all too many are not. The Committee hopes that the additional authortiy and emphasis provided by these amendments will enable and require LEAA to enforce high standards in all of the States.

To streamline the approval process, the bill mandates LEAA to perform its approval or disapproval function within 90 days after receipt of the State plan, thus assuring both an adequate time for meaningful consideration and a prompt flow of funds to the States. Similarly, the bill directs the States to establish procedures to assure that all fund applications by localities to State planning agencies be approved or disapproved within 90 days, thus expediting the flow of