It is the purpose of this Act to increase the personal safety of the people of the Nation by reducing the incidence of crime; to stimulate the allocation of new resources and the development of technological advances and other innovations for preventing crime; to increase the efficiency and fairness of law enforcement and criminal justice through improved manpower, training, organization and equipment; and to encourage coordination in planning, operations, and research by law enforcement and criminal justice agencies throughout the Nation.

TITLE I-PLANNING GRANTS

SEC. 101. It is the purpose of this title to encourage States and units of general local government to prepare and adopt comprehensive plans based on their evaluation of State and local problems of law enforcement and criminal justice. SEC 102. The Attorney General is authorized to make grants to States, units of general local government, or combinations of such States or units, for preparing, developing, or revising the plans described in section 204: Provided, however, That no unit of general local government or combination of such units shall be eligible for a grant under this title unless it has a population of not less than 50,000 persons.

SEC. 103. A Federal grant authorized under section 102 shall not exceed 90 per centum of the total cost of the preparation, development, or revision of a plan.

TITLE II-GRANTS FOR LAW ENFORCEMENT AND CRIMINAL
JUSTICE PURPOSES

SEC. 201. It is the purpose of this title to authorize grants to States and units of general local government for new approaches and improvements in law enforcement and criminal justice. The purposes for which grants may be made may include but shall not be limited to

(a) public protection, including the development, demonstration and evaluation of methods, devices, equipment, and design to increase safety from crime in streets, homes, and other public and private places.

(b) equipment, including the development and acquisition of equipment designed to increase the effectiveness and improve the deployment of law enforcement and criminal justice personnel.

(c) manpower, including the recruitment, education and training of all types of law enforcement and criminal justice personnel.

(d) management and organization, including the organization, administration, and coordination of law enforcement and criminal justice agencies and functions.

(e) operations and facilities for increasing the capability and fairness of law enforcement and criminal justice, including the processing, disposition, and rehabilitation of offenders.

(f) community relations, including public understanding of and cooperation with law enforcement and criminal justice agencies.

(g) public education relating to crime prevention, including education programs in schools and community agencies.

SEC. 202. (a) Beginning January 1, 1968, the Attorney General is authorized to make grants to States, units of general local government, or combinations of such States or units for the purposes described in section 201. The amount of any such grant shall not exceed 60 per centum of the improvement expenditure of the applicant: Provided, however, That

(1) no grant under this section shall be used for the construction of any building or other physical facility; and

(2) not more than one-third of any grant under this section shall be expended for the compensation of personnel, except that this limitation shall not apply to the compensation of personnel for time engaged in conducting or undergoing training programs and specialized personnel performing innovative functions.

(b) Improvement expenditure is the amount by which the proposed operating budget, or the amount by which the proposed operating budget per capita, whichever is greater, of the applicant for law enforcement and criminal justice purposes for the fiscal year for which the grant is sought exceeds the applicant's qualifying expenditure.

(c) Qualifying expenditure is

(1) one hundred and five per centum of the base expenditure if the application is for funds to be used in the applicant's fiscal year ending in the calendar year 1968;

(2) one hundred and ten per centum of the base expenditure if the application is for funds to be used in the applicant's fiscal year ending in the calendar year 1969;

(3) one hundred and fifteen per centum of the base expenditure if the application is for funds to be used in the applicant's fiscal year ending in the calendar year 1970;

(4) one hundred and twenty per centum of the base expenditure if the application is for funds to be used in the applicant's fiscal year ending in the calendar year 1971.

(5) one hundred and twenty-five per centum of the base expenditure if the application is for funds to be used in the applicant's fiscal year ending in the calendar year 1972;

(6) one hundred and thirty per centum of the base expenditure if the application is for funds to be used in the applicant's fiscal year ending in the calendar year 1973.

(d) Base expenditure is the applicant's operating expenditures or operating expenditures per capita, as the case may be, for law enforcement and criminal justice purposes for the fiscal year completed next preceding January 1, 1968: Provided, however, that if the applicant's base expenditure includes substantial and extraordinary amounts and the Attorney General is of the opinion that the requirements of this section constitute an unreasonable restriction on the applicant's eligibility for a grant under this section, the Attorney General may reduce such requirements to the extent he deems appropriate.

SEO. 203. (a) The Attorney General is authorized to make grants to States, units of general local government, or combinations of such States or units for the construction of buildings or other physical facilities which fulfill a significant, innovative function. The amount of any such grant shall not exceed 50 per centum of the cost of such construction.

(b) An applicant shall be eligible for a grant under this section only if such applicant would also be eligible for a grant under section 202.

SEC. 204. (a) The Attorney General is authorized to make grants to an applicant under this title only if such applicant has on file with the Attorney General a current law enforcement and criminal justice plan which conforms with the purpose and requirements of this Act. Each such plan shall

(1) unless it is not practicable to do so (A) encompass a State, unit of general local government, or combination of such States or units; and (B) be applicable to a population of not less than fifty thousand persons;

(2) 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) purposes for which Federal funds are sought (with specific reference to their sequence, timing, and costs); (E) systems and administrative machinery for implementing the plan; (F) the direction, scope, and types of improvements to be made in the future; and (G) to the extent appropriate, the relationship of the plan to other relevant State or local law enforcement and criminal justice plans and systems.

(b) In implementing this section, the Attorney General shall

(1) encourage State and local initiative in developing comprehensive law enforcement and criminal justice plans;

(2) encourage plans which encompass the entire metropolitan area, if any, of which the applicant is a part;

(3) encourage plans which deal with the problems and provide for the improvement of all law enforcement and criminal justice agencies in the area encompassed by the plans;

(4) encourage plans which provide for research and development;

(5) encourage plans which provide for an appropriate balance between fund allocations for the several part of the law enforcement and criminal justice systems covered by the plans;

(6) encourage plans which demonstrate the willingness of the applicant to assume the costs of improvements funded under this title after a reasonable period of Federal assistance; and

(7) encourage plans which explore the costs and benefits of alternative courses of action and promote efficiency and economy in management and operations.

TITLE III-RESEARCH, DEMONSTRATION, AND SPECIAL PROJECT GRANTS

SEC. 301. It is the purpose of this title to encourage research and development for the purpose of improving law enforcement and criminal justice and developing new methods for the prevention and reduction of crime.

SEC. 302. The Attorney General is authorized to make grants to, or enter into contracts with, institutions of higher education and other public agencies or private organizations to conduct research, demonstrations or special projects which he determines will be of regional or national importance or will make a significant contribution to the improvement of law enforcement and criminal justice. SEC. 303. The Attorney General is authorized to make grants to institutions of higher educatoin and other public agencies or private nonprofit organizations to establish national or regional institutes for research and education pertaining to the purpose of this Act.

SEC. 304. A Federal grant authorized under section 302 or 303 may be up to 100 per centum of the total cost of each project or institute for which such grant is made. The Attorney General shall require, whenever feasible, as a condition of approval of a grant under this title, that the recipient contribute money, facilities, or services to carry out the purpose for which the grant is sought. SEC. 305. The Law Enforcement Assistance Act of 1965 (79 Stat. 825) is repealed and superseded by this title: Provided, however, That—

(a) the Attorney General may award new grants, enter into new contracts or obligate funds for the continuation of projects in accordance with the provisions of the Law Enforcement Assistance Act, based upon applications received under that Act prior to the effective date of this Act;

(b) the Attorney General is authorized to obligate funds for the continuation of projects approved under the Law Enforcement Assistance Act prior to the effective date of this Act, to the extent that such approval provided for continuation; and

(c) any awarding of grants, entering into contracts or obligation of funds under subsection (a) or (b) of this section and all activities necessary or appropriate for the review, inspection, audit, final disposition and dissemination of project accomplishments with respect to projects which are approved in accordance with the provisions of the Law Enforcement Assistance Act and which continue in operation beyond the effective date of this Act may be carried on with funds appropriated under this Act.

TITLE IV-ADMINISTRATION

SEC. 401. (a) There shall be in the Department of Justice a Director of Law Enforcement and Criminal Justice Assistance who shall be appointed by the President, by and with the advice and consent of the Senate, whose function shall be to assist the Attorney General in the performance of his duties under this Act. (b) Section 5315 of title 5 of the United States Code is amended by the addition of the following at the end thereof:

"(78) Director of Law Enforcement and Criminal Justice Assistance." SEC. 402. The Attorney General is authorized to appoint such technical or other advisory committees to advise him in connection with the administration of this Act as he deems necessary. Members of such committees not otherwise in the employ of the United States, while attending meetings of the committees, shall be entitled to receive compensation at a rate to be fixed by the Attorney General, but not exceeding $100 per diem, 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 law (5 U.S.C. 5703) for persons in the Government service employed intermittently.

SEO. 403. To insure that all Federal assistance to State and local programs for law enforcement and criminal justice is carried out in a coordinated manner, the Attorney General is authorized to request any Federal department or agency to supply such statistics, data, program reports, and other materials as he deems necessary to carry out his functions under this Act. Each such department or agency is authorized to cooperate with the Attorney General and, to the extent permitted by law, to furnish such materials to the Attorney General. Any Federal department or agency engaged in administering programs related to law enforcement and criminal justice shall, to the maximum extent practicable, consult with and seek advice from the Attorney General to insure fully coordinated efforts.

SEO. 404. The Attorney General may arrange with and reimburse the heads of other Federal departments and agencies for the performance of any of his functions under this Act, and, as necessary or appropriate, delegate any of his powers under this Act with respect to any part thereof, and authorize the redelegation of such powers.

SEC. 405. The Attorney General is authorized

(a) to conduct research and evaluation studies with respect to matters related to this Act; and

(b) to collect, evaluate, publish, and disseminate statistics and other information on the condition and progress of law enforcement and criminal justice in the several States.

SEC. 406. Payments under this Act may be made in installments, and in advance or by way of reimbursement, as may be determined by the Attorney General.

SEC. 407. Whenever the Attorney General, after reasonable notice and opportunity for hearing to a grantee under this Act, finds that, with respect to any payments made under this Act, there is a substantial failure to comply with— (a) the provisions of this Act;

(b) regulations promulgated by the Attorney General under this Act; or (c) the law enforcement and criminal justice plan submitted in accordance with the provisions of this Act; the Attorney General shall notify such grantee that further payments shall not be made (or in his discretion that further payments shall not be made for activities in which there is such failure), until there is no longer such failure.

SEC. 408. Nothing contained in this 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 other agency of any State or local law enforcement and criminal justice system.

SEC. 409. Unless otherwise specified in this Act, the Attorney General shall carry out the programs provided for in this Act during the fiscal year ending June 30, 1968, and the four succeeding fiscal years.

SEC. 410. Not more than 15 per centum of the sums appropriated or allocated for any fiscal year to carry out the purpose of this Act shall be used within any one State.

SEC. 411. The Attorney General, after appropriate consultation with representatives of State and local governments, is authorized to prescribe such regulations as may be necessary to implement the purpose of this Act, including regulations which

(a) provide that a grantee will from time to time, but not less often than annually, submit a report evaluating accomplishments and cost-effectiveness of activities funded under this Act;

(b) provide for fiscal control, sound accounting procedures, and periodic reports to the Attorney General regarding the application of funds paid under this Act; and

(c) establish criteria to achieve an equitable distribution among the States of assistance under this Act.

SEC. 412. On or before August 31, 1968, and each year thereafter, the Attorney General shall report to the President and to the Congress on activities pursuant to the provisions of this Act during the preceding fiscal year.

SEC. 413. For the purpose of carrying out this Act, there is hereby authorized to be appropriated the sum of $50,000,000 for the fiscal year ending June 30, 1968, and for each succeeding fiscal year such sums as the Congress may hereafter appropriate. Funds appropriated for the purpose of carrying out this Act shall remain available until expended.

TITLE V-DEFINITIONS

SEC. 501. As used in this Act

(a) "Law enforcement and criminal justice" means all activities pertaining to crime prevention or the enforcement and administration of the criminal law, including, but not limited to, activities involving police, prosecution or defense of criminal cases, courts, probation, corrections and parole.

(b) "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Canal Zone, American Samoa, and the Trust Territory of the Pacific Islands.

(c) "Unit of general local government" means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State.

(d) "Combination" as applied to States or units of general local government means any grouping or joining together of such States or units, including a grouping or joining together for purposes only of preparing developing, and implementing a law enforcement and criminal justice plan.

(e) "Metropolitan area" means a standard metropolitan statistical area as established by the Bureau of the Budget, subject, however, to such modifications and extensions as the Attorney General may determine to be appropriate.

(f) "Public agency" means any State, unit of general local government, combination of such States or units, or any agency or instrumentality of any of the foregoing.

(g) "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 equpment therefor.

(h) "Innovative function" means a function which will serve a new or improved purpose within the particular law enforcement and criminal justice system into which it is introduced.

[H.R. 5038, 90th Cong., first sess.]

A BILL To assist in combating crime by creating the United States Corrections Service, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby created within the Department of Justice a United States Corrections Service through which the Attorney General may discharge the responsibilities imposed upon him by section 4012 of title 18, United States Code. The United States Corrections Service shall be administered by a Director, who shall receive compensation at the rate provided in level IV of the Federal Executive Salary Schedule. This position shall be in addition to those provided in section 303 (d) of the Federal Executive Salary Act of 1964 (78 Stat. 417).

SEC. 2. (a) Section 3653 of title 18, United States Code, is amended by striking out the words "probation officer" whenever they appear, including in the catchline, and inserting in lieu thereof the words "community correctional officer".

(b) The analysis of chapter 231 of title 18, United States Code, immediately preecding section 3651 thereof, is amended by striking out the item

"3653. Report of probation officer and arrest of probationer."

and inserting in lieu thereof

"3653. Report of community correctional officer and arrest of probationer."

SEC. 3. Section 3655 of title 18, United States Code, is amended to read as follows:

" 3655. Duties of probation officers

"The probation officer shall provide the court with such information as may be relevant to the court's decision on the imposition of sentence.

"He shall keep records of his work and shall make such reports to the Director of the Administrative Office of the United States Courts as the Director may at any time require; and shall perform such other duties as the court may direct. "Each probation officer shall perform such duties with respect to persons on parole or on probation as the Attorney General shall request."

SEC. 4. (a) The first paragraph of section 4001 of title 18, United States Code, is amended by inserting immediately after the word "institutions" the words "and services".

(b) The second paragraph of such section is amended by striking out the words "classify the inmates" and inserting in lieu thereof "programs and classify the inmates and participants".

SEC. 5. (a) Chapter 301 of title 18. United States Code, is amended by adding at the end thereof a section 4012, as follows:

"§ 4012. Responsibilities of Attorney General

"The Attorney General, through community correctional officers and other officers and employees as he may designate, shall—

"(1) have charge of the management and regulation of all Federal penal and correctional institutions;