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 eliminate racial imbalance in any law enforcement agency, or (2) to deny or discontinue a grant because of the refusal of an applicant or grantee under this 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 regulation, it shall notify the chief executive of the State of the noncompliance and shall request the chief executive to secure compliance. If within a reasonable time after such notification the chief executive fails or refuses to secure compliance, the Administration 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);

"(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 Attorney General has reason to believe that a State government or unit of local government is engaged in a pattern or practice in violation of the provisions of this section, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive

relief.

"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 3, 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, and 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 recipients of assistance under this Act, whether by direct grant or contract from the Administration or by subgrant or subcontract from primary grantees or contractors of the Administration.

"SEC. 522. Section 204 (a) of the Demonstration Cities and Metropolitan 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 per centum of the cost of any program or project. The non-Federal 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 addiiton 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, Office 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 (1) (3) or (1) (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 Enforcment 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 he vested in the State agency.'

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), activities of corrections, probation, or parole authorities, and programs relating to the prevention, control, or reduction 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 Unted States Dstrict 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.

"(f) 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 control 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.

"(i) '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. 'Institution "(1) 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 appropriate.

"(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 qualifications promulgated in regulations pursuant 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.

Mr. MCCLELLAN. Mr. President, the purpose of this amendment, in the nature of a substitute, is to authorize the continuation of the Justice Department's Law Enforcement Assstance Administration (LEAA) for another 5 years beyond June 30 of this year, when the initial 5-year authorization provided for in the 1968 Safe Streets Act expires. The amendment also makes a number of changes in the structure of LEAA and in its authority and responsibilities. These changes are based upon the conclusions and recommendations of the Subcommittee on Criminal Laws and Procedures formulated after hearings on June 5 and 6 during which testimony was received from the Attorney General, several Members of Congress, and numerous individuals and organizations familiar with LEAA and the Nation's crime problem. The legislation also draws substantially on the House-passed bill, H.R. 8152, which resulted from 9 days of hearings before the House Committee on the Judiciary.

Like the House bill, this amendment does not substantially alter the basic block grant structure of LEAA, but instead seeks to improve the agency's existing structure by rectifying some of the problems that have come to light since the last oversight hearings and amendatory legislation in 1970. The major features of the bill may be briefly summarized as follows:

First. Administration: All policy and administrative authority is vested in the Administrator. The two Associate Administrators are replaced by a Deputy Administrator for Policy Development and a Deputy for Administrative Management.

Second. Public accountability: Open meeting and records access provisions are added.

Third. State planning function: The minimum planning allocation to each State is increased from $100,000 to $200,000. Regional planning boards are required to include a majority of local executive officials.

Fourth. Matching requirements: noncash match has been eliminated. Parts B, planning; C, action; and E, corrections, are now all governed by a 10 percent cash-match requirements. Match funds must be appropriated in the aggregate by governmental units or provided by nonprofit organizations when the nonprofit organization is the grantee. State buy-in provisions are retained for past C and added to parts B and E.

Fifth. Comprehensive plan: More specificity has been added to the definition of a "comprehensive State plan." A maximum of 90 days is provided for LEAA approval or disapproval of plans.

Sixth. Discretionary program: Authority to make direct grants to nonprofit organizations is provided. All match has been specified to be 10 percent cash match. Authority to make grants to multi-State planning bodies-councils of government-is provided. Funding incentives for coordination are added. Seventh. Law enforcement education

program: Benefits for law enforcement students and interns have been increased. Another amendment provides that a recipient of these funds need not remain in the same law enforcement agency to retain eligibility for benefits.

Eighth. Correctional program: New requirements have been added relating to narcotics treatment programs.

Ninth. Accountability: The standard of State accountability has been upgraded and additional requirements for LEAA evaluation authority and responsibility have been added.

Tenth. Civil rights: The provisions of title VI of the Civil Rights Act are incorporated along with the optional remedies.

Eleventh. Confidential information: New confidentiality provisions have been added to protect statistical and research information received for research purposes.

Twelfth. Criminal penalties: New language relating to criminal "endeavors" as well as completed acts has been added. Thirteenth. Authorization: A 5-year authorization is provided with provision for authorized funding from $1 billion to $2 billion over the 5-year period.

RETENTION OF BLOCK GRANT STRUCTURE

Mr. President, the subcommittee received numerous proposals to make major alterations in the basic structure of LEAA. These proposals ranged from the administration's proposal for special revenue sharing for law enforcement, which would merge grants for planning, action and corrections programs into one annual revenue sharing payment to each State with greatly reduced Federal direction and supervision, to various proposals to provide for sizable direct grants to the major cities outside the block grant system. However, a majority of the subcommittee felt that the State-oriented block grant approach devised in 1968 and reaffirmed in 1970 has worked reasonably well on balance and should be retained.

The special revenue sharing proposal would have merged the separate planning grants now awarded annually to each State into the single annual revenue sharing payment to each State and would have deleted the existing requirement that each maintain a separate planning agency for law enforcement, requiring instead that each State merely have a "planning process." The proposa! also would have eliminated the requirement that each State's comprehensive plan for law enforcement improvement be approved annually by LEAA

Mr. President, the separate planning agency for law enforcement that now exists in every State is perhaps the major accomplishment of LEAA and no change in the legislation should be contemplated that would permit these planning agencies to be merged into planning agencies for other State functions or otherwise dilute the States' law enforcement planning capability. In the same vein. Federal supervision over the planning proc. ess should not be eliminated; it should be retained and strengthened

The subcommittee substitute does just that. It continues the annual plan approval responsibility with the additional provision that a plan not be approved

REGIONAL PLANNING UNITS

In the case of planning grants to regional planning units, the matching requirement has been eliminated entirely thus authorizing 100-percent planning grants to such units. This is one of several changes in the law designed to encourage regional cooperation and planning. As noted above, LEAA will now be required to allocate discretionary funds in such a way as to provide incentives to such regional cooperative undertakings. In addition, the subcommittee has provided that a majority of the membership of regional planning units shall be elected local executive officials, thus increasing local participation and responsibility on such planning boards.

MISCELLANEOUS

The subcommittee has also made numerous changes to strengthen and improve existing LEAA programs and responsibility. Part E, the special section added in 1970 to assure adequate attention to corrections programs, has been amended to require plans submitted by the States pursuant to the part to provide for the development and operation of narcotic treatment programs in correctional institutions, and to require LEAA to issue regulations to guide the States in this important area.

Also retained and strengthened is LEEP, the law enforcement education program. The subcommittee has raised the amout of funds that may be provided to LEEP students in order to keep pace with the cost of living. A similar increase has been authorized for the internship program added to the act in 1970 by an amendment introduced by Senator KENNEDY.

The subcommittee added an amendment offered by Senator TAFT to remove the requirement that a LEEP recipient must remain with the law enforcement agency where he was employed during his LEEP studies in order to earn cancellation of his LEEP debts. The amendment will permit a recipient to earn cancellation so long as he remains employed in law enforcement.

In addition, there are new requirements that all planning meetings be open to the public when final action is taken on State plans; that each plan must provide for "fund accounting, audit, monitoring, and evaluation procedures," to assure "fiscal control and proper management" of funds; and new provisions guaranteeing the privacy and confidentiality of research and statistical data gathered under the act.

ADMINISTRATIVE MANAGEMENT OF LEAA

Mr. President, I believe several comments are necessary to clarify the changes the subcommittee amendment has made in the management structure of LEAA. The "Troika" established in the 1968 act and modified by the 1970 amendments has been abolished together. The LEAA management will now consist of an Administrator and two Deputy Administrators. The Administrator, appointed by the President at executive pay level 3, will exercise all policy and administrative authority vested in LEAA. The Deputy Administrator for Policy Development, appointed by the President

at executive pay level 4, will, by delegation, assist the Administrator in policy matters and will be the senior Deputy Administrator who will assume the functions and duties of the Administrator in the case of a vacancy or disability in that position. The Deputy Administrator for administration, appointed at executive pay level 5, will, by delegation, assist the Administrator in the administrative housekeeping of the agency.

It is important to note that the subcommittee has not created a new position of Administrator of LEAA, and it is contemplated that the present Administrator of LEAA may continue to serve without the necessity for reconfirmation by the Senate. Similarly, the subcommittee amendment contemplates that the President may designate the incumbent Associate Administrators of LEAA to fill the position of Deputy Administrators without the necessity for reconfirmation by the Senate of either of those officials.

As is stated in the analysis of the Constitution of the United States prepared by the Legislative Reference Service, at page 503 citing Shoemaker against United States:

Congress may devolve upon one already in office additional duties which are germane to his office without thereby rendering it necessary that the incumbent should be again nominated and appointed.

AUTHORIZATION OF FUNDS

The bill provides for the continuation of LEAA for another 5 years and authorizes appropriations that increase in equal yearly increments from $1 billion in fiscal 1974 to $2 billion in fiscal 1978. The authorization for the first 3 years is actually less than the authorization in the present act for fiscal 1973, but the subcommittee believes that these authorizations are realistic in terms of the level of funding requested in the past and the demonstrated capacity of the States and cities to utilize the funds effectively. It should be stressed that a 5-year authorization ranging from $1 billion to $2 billion represents an important commitment to law enforcement improvement and continues LEAA's status as one of the fastest growing programs in the Government.

EQUIPMENT EXPENDITURES BY LEAA

In concluding these remarks I want to comment further on some of the criticisms that have been leveled at LEAA, unfairly in my opinion. It has been claimed by practically all of EAA's critics that the program has been primarily a police program and that inordinately high percentages of LEAA funds have been spent on police hardware. This is another criticism that crumbles when

faced with the hard statistical facts.

The "State of the States" report, noted above, shows that equipment expenditures in fact were never inordinately high and that they have declined steadily over the lifespan of LEAA. Equipment expenditures as a percentage of total action funds declined from 28 percent in fiscal 1969 to a little over 10 percent in 1972. This represents an average over the 4-year period of only 15.5 percent, certainly not an exceptional figure when you consider the fact that, at the beginning of the LEAA program, most of the

criminal justice equipment and facilities in the country were demonstrably inadequate, antiquated or dilapidated, a fact that was documented and stressed by the report of the President's Crime Commission in 1967.

Mr. President, on this point it is also interesting to reflect on what the reaction of the LEAA critics would have been had LEAA or the State planning agencies arbitrarily restricted the expenditure of LEAA funds for equipment in the early years of the program. They probably would have been accused of "not responding to local needs" or "abdicating their planning responsibilities" by imposing theoretical percentages instead of assessing actual needs. This case illustrates well the "no win" position the State planning agencies and LEAA often have found themselves in when caught between critical public interest groups with conflicting views. Other examples are given in the "State of the States" report in an interesting section, which I commend to my colleagues, entitled "Scylla and Charybdis." Many examples are given of contradictory criticisms that have placed the States and LEAA between the rocks of one public interest group and the whirlpools of another.

For example, certain critics have charged that funds must be disbursed more rapidly to the cities while others have said that State planning agency financial controls and fund accounting procedures are too lax and must be increased even at the cost of fund flow slowdown. Similarly, it has been charged on the one hand that not enough funds have gone to the large cities, while, on the other hand, rural and suburban areas have charged that they are neglected and disadvantaged by the emphasis on the large cities and that this emphasis even increases suburban problems by causing crime to "spill over" from the inner cities.

Many other examples are included in the "State of the States" report and, so that all Members of the Senate may read this revealing section, I ask unanimous consent that this part of it be placed in the RECORD at this point.

There being no objection, the excerpt was ordered to be printed in the RECORD, as follows:

STATE OF THE STATES ON CRIME AND
JUSTICE

(An Analysis of State Administration of the Safe Streets Act, A Report by the National Conference of State Criminal Justice Planning Administrators)

INNOVATION

Scylla: SPAS must reduce funding for "innovative" projects

Charybdis: SPAS have devoted too much money for traditional purposes and not enough for experimentation.38

FISCAL CONTROLS

Scylla: SPAs must strengthen financial controls at all levels of the Safe Streets program"

Gregory Ahart, Deputy Director, Government Accounting Office, Hearings, Part 1, p. 137.

Law and Disorder III, a report by the Lawyers' Committee for Civil Rights Under Law for the National Urban Coalition, 1973, p. 9.

"CGO Report, pp. 78-95, 17-47.

Charybdis: SPAS should reduce red tape and give cities more flexibility"

PROGRAM CONTROLS

Scylla: LEAA and SPAs must set rigid program guidelines, if necessary by limiting funding for certain categories"

Charybdis: SPAS must relax strict controls over local project selection since this is in direct contradiction to locally identified needs and priorities

FUND FLOW

Scylla: SPAS must disburse funds more rapidiy to cities; money is moving too slowly

Charybdis: SPAS should insure accountability and program integrity by careful review of all project proposals and by stringent financial regulations "

EQUIPMENT EXPENDITURES

Scylla: SPAs must substantially reduce expenditures for equipment and concentrate on system reform

Charybdis: SPAS must respond to locally identified needs where equipment receives a high priority

GEOGRAPHIC IMPACT

Scylla: SPAs ought to devote a larger percentage of funds to high crime rate areas"?

Charybdis: SPAS must direct more funds to rural and suburban areas before they experience the same crime problem seen in today's cities 45

POLICE VERSUS THE WORLD

Scylla: SPAS must spend less money for police-more for courts, corrections and juveiile delinquency"

Charybdis: SPA spending for police proTams is not too high if you understand hat the police function accounts for over 10% of all criminal justice expenditures anJually e

SYSTEM SUPPORT

Scylla SPAs should support and improve che criminal justice system 51

Charybdis: SPAS must reduce crime by whatever means available, including projects outside the traditional criminal justice system

WHICH CRIME?

Scylla SPAs must spend more money on white collar and high volume crimes like drunkenness that clog the justice system

Charybdis: SPAS must concentrate their

40 Draft Report on LEAA for the Federal Assistance Review Program, prepared by the International City Management Association, May 1, 1972, passim.

CGO Report, pp. 61-69, 17-47.
ICMA Report, p. 42.

4 Congressman James V. Stanton, Congressional Record-House, November 16, 1971, p. H11138

" CGO Report, pp. 17-47, 78-95.

Ibid., pp. 17-47.

se The Cities and Law Enforcement Assistance A Review of the Need for Federal Assistance to Ciltes, testimony of the National League of Cities/United States Conference of Mayors before the House Judiciary Committee, March 23, 1973, p. 6

Stanton, op. cit., pp. H11138-H11145.

4 Every SPA can produce dozens of letters maintaining this viewpoint from state legislators, rural police, suburban elected officials and non-metropolitan planning regions.

Law and Disorder III, p. 9.

Go Again, since this viewpoint is not "fashlonable" in the literature cirticizing the SPAS nationally known sources are difficult to find. Each SPA can produce many letters from local police chiefs irately complaining about refusals to support police programs to an even greater extent.

BCGO Report, pp. 61-69.

52 Law and Disorder, III, pp. 8-9.

Ibid., pp. 16-17.

resources on serious crimes which threaten the security of persons and property such as robbery and burglary 4

BUREAUCRACY

Scylla: SPAs must cut red tape and avoid multiple reviews of local proposals &

Charybdis: SPAS must submit each and every local project proposal to regional and state clearinghouses for review prior to action 56

CONSULTANTS

Scylla SPAS should not utilize consultant services, which are generally overpriced and abused

Charybdis: SPAS must provide specialized knowledge and assistance to localities that only consultants can offer.

The issues drawn above are illustrative of early debate over SPA administration of the Safe Streets Act. Every equipment expenditure dismays reform-oriented critics while every delinquency prevention program is suspect to traditionalists. Furthermore, new federal controls imposed on the SPAS (deadlines for disbursment, expenditure and reporting) have sometimes been lamented by city officials as time-consuming State bureaucracy. The "issues" of fund flow and equipment expenditures stand out as excellent examples of the dilemma faced by the SPAS who stand between Scylla and Charybdis.

Mr. MCCLELLAN. Mr. President, I believe the subcommittee amendment is a well-balanced effort and will contribute greatly toward the continuation of the success we have observed in the war against crime in the last year, a success that must be attributed in large part, in my opinion. to the LEAA program.

I urge my colleagues to support this amendment.

Mr. HRUSKA. Mr. President, I yield myself 5 minutes.

Mr. President, the pending amendment, No. 248, addresses itself to the continuation of the present Law Enforcement Assistance Administration. It was drafted initially to be a 5-year authorization, and expires this coming Saturday. In considering the bill that was received from the other body, it was felt that the pending amendment should be advanced as an amendment in the nature of a substitute.

Amendment No. 248 received the approval of the Subcommittee on Criminal Laws and Procedures, presided over by the distinguished Senator from Arkansas (Mr. MCCLELLAN).

Mr. President, in 1968, the Congress enacted the Omnibus Crime Control and Safe Streets Act, which created the Law Enforcement Assistance Administration and gave the Nation its first comprehensive Federal, State, and local program to reduce crime and improve our criminal justice system. I am proud to say I cosponsored and helped draft that important legislation.

"LEAA's overriding objective should be to increase [the criminal justice system's] ability to reduce crime The criminal

Justice system is not an end in itself Crime reduction is our basic objective." LEAA Administrator Jerris Leonard, August 10, 1973, at the Annual Meeting of the National SPA Conference, Boston.

National League of Cities/United States Conference of Mayors, op. cit., at note 45, p. 5. OMB Circular A-95, Attachments A & D. CGO Report, pp. 48-60

Law and Disorder III, pp. 8-9.

The initial 5-year authorization for the LEAA expires on June 30 of this year, and we are now being asked to review the LEAA program and evaluate its effectiveness in meeting the mandate established by the Congress. On June 5 and 6 of this year, the Subcommittee on Criminal Laws and Procedures of the Committee on the Judiciary held hearings on legislation to extend this important program.

The subcommittee received testimony from the Attorney General, Members of the Congress, mayors, State directors of LEAA programs, and from representatives of virtually every segment of the law enforcement and criminal justice system. Subsequently, the subcommittee referred a clean bill to the full Judiciary Committee.

Although there was overwhelming support in the full committee for the subcommittee's bill which is now pending as an amendment to the Housepassed bill, it was impossible to have the bill reported prior to the June 30 expiration date.

The subcommittee believes it has fully addressed the beliefs and points of view expressed by those who testified and after careful study and consideration, has rejected all proposals for major changes in the LEAA program. The subcommittee believes the bill it has produced will enable the LEAA to continue its invaluable service.

The amendment which we are now considering retains the basic structure and authority of LEAA. However, it contains a number of changes streamlining the agency's block grant funding mechanism, and it emphasizes LEAA's responsibility for administering the program and assisting the States in comprehensive planning. By and large, it incorporates most of the provisions of H.R. 8152.

The distinguished Senator from Arkansas (Mr. MCCLELLAN), chairman of the Criminal Laws Subcommittee, has outlined several of the changes we have made.

I fully endorse and concur with the changes Senator MCCLELLAN has brought to your attention, but I want to reemphasize a few of the changes he noted and add several more that I think merit special notice.

The measure eliminates the unwieldy and cumbersome "troika" system in the LEAA administration and replaces it with a single Administrator and two Deputy Administrators. All policy and administrative authority is vested in the Administrator. The Administrator's policy functions would be shared with a Deputy Administrator for policy development. He would not share in the overall authority or have a veto power. A second deputy at a lower level would be delegated administrative management responsibilities. Overall, this change wili enhance the operations, efficiency, and management of LEAA.

I want to add my support to Senator MCCLELLAN'S construction of the tenure of the various incumbent administrators to the effect that their reconfirmation will not be necessary.

Other significant features of the pending measure are: