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91 st Congress, H, R. 17825
January 2, 1971

An Act

To amend the Omnibus Crime Control and Safe Streets Act of 1968, and for

other purposes.

Be it enacted by the Senate and House of Representatires of the United States of America in Congress assembled, that this Act may be Omnibus Crime cited as the “Omnibus Crime Control Act of 1970“.

Control Aot

of 1970. TITLE I-OMNIBUS (RIME CONTROL AND SAFE STREETS ACT AMENDMENTS

84 STAT. 1880

84 STAT. 1881 LAW ENFORCEMENT ASSISTAXE ADMINISTRATION Sec. 2. Section 101 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended to read as follows:

82 Stat. 198. "Sec. 101.(a) There is hereby established within the Department of 42 USC 3711. Justice under the general authority of the Attorney General, a Law Enforcement Assistance Administration (hereinafter referred to in this title as 'Administration') composed of an Administrator of Law Enforcement Assistance and two Associate Administrators of Law Enforcement Assistance, who shall be appointed by the President, by and with the advice and consent of the Senate. Beginning after the end of the term of either of the present incumbents, one of the Associate Administrators shall be a member of a political party other than that of the President.

“(b) The Administrator shall be the executive head of the agency and shall exercise all administrative powers, including the appointment and supervision of Administration personnel. All of the other functions, powers, and duties created and established by this title shall be exercised by the Administrator with the concurrence of either one or both of the two Associate Administrators.“

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PLIXXIXG GRANTS

42 USC 3723.

Sec. 3. (a) The third sentence of section 203(a) of the Omnibus Crime Control and Safe ets Act of 1968 is amended to read as follows: "The State planning agency and any regional planning units within the State shall, within their respective jurisdictions, be representative of the law enforcement agencies, units of general local government, and public agencies maintaining programs to reduce and control crime."

(b) Subsection (c) of section 203 of such Act is amended by inserting the following after the period at the end of the first sentence: “The Administration may waive this requirement, in whole or in part, upon a finding that the requirement is inappropriate in view of the respective law enforcement planning responsibilities exercised by the State and its units of general local government and that adherence to the requirement would not contribute to the efficient development of the State plan required under this part. In allocating funds under this subsection, the State planning agency shall assure that major cities and counties within the State receive planning funds to develop comprehensive plans and coordinate functions at the local level.”

(c) Subsection (c) of section 203 is amended further by striking out the word "the preceding sentence" and inserting in lieu thereof “this subsection".

(d) Section 204 of such Act is amended by striking the second sentence.

42 USC 3724.

84 STAT. 1882

GRANTS FOR LAW ENFORCEMENT PURPOSES

.

82 Stat. 199. 42 USC 3731.

be up

Sec. 4. Part C of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended as follows: (1) Section 301(b) (4) is amended to read as follows:

“(4) Constructing buildings or other physical facilities which would fulfill or implement the purpose of this section, including local correctional facilities, centers for the treatment of narcotic addicts, and temporary courtroom facilities in areas of high crime

incidence.” (2) Subsection (b) of section 301 is amended by adding at the end thereof the following new paragraphs:

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

"(9) The development and operation of community based delinquent prevention and correctional programs, emphasizing halfway houses and other community based rehabilitation centers for initial preconviction of postconviction referral of offenders; expanded probationary programs, including para professional and volunteer participation; and community service centers for the guidance and supervision of potential repeat youthful offenders.” (3) Subsection (c) of section 301 is amended to read as follows: "(c) The portion of any Federal grant made under this section for the purposes of paragraph (5) or (6) of subsection (b) of this section may

to 75 per centum of the cost of the program or project specified in the application for such grant. The portion of any Federal grant made under this section for the purposes of paragraph (4) of subsection (b) of this section may be up to 50 per centum of the cost of the program or project specified in the application for such grant. The portion of any Federal grant made under this section to be used for any other purpose set forth in this section may be up to 75 per centum of the cost of the program or project specified in the application for such grant. No part of any grant made under this section for the purpose of renting, leasing, or constructing buildings or other physical facilities shall be used for land acquisition. In the case of a grant under this section to an Indian tribe or other aboriginal group, if the Administration determines that the tribe or group does not have sufficient funds available to meet the local share of the cost of any program or project to be funded under the grant, the Administration may increase the Federal share of the cost thereof to the extent it deems necessary. Effective July 1, 1972, at least 40 per centum of the non-Federal funding of the cost of any program or project to be funded by a grant under this section shall be of money appropriated in the aggregate, by State or individual unit of government, for the purpose of the shared funding of such programs or projects."

(4) Subsection (d) of section 301 is amended to read as follows:

“(d) Not more than one-third of any grant made under this section may be expended for the compensation of police and other regular law enforcement personnel. The amount of any such grant expanded for the compensation of such personnel shall not exceed the amount of State or local funds made available to increase such compensation.

or

84 STAT. 1883 compensation of personnel for time engaged in conducting or undergoing training programs or to the compensation of personnel engaged in research, development, demonstration other short-term programs."

(5) Section 303 is amended by inserting immediately after the first 82 Stat. 201. sentence the following new sentence: "No State plan shall be 42 USC 3733. approved as comprehensive unless the Administration finds that the plan provides for the allocation of adequate assistance to deal with law enforcement problems in areas characterized by both high crime incidence and high law enforcement activity.”

(6) Paragraph (2) of Section 303 is amended by striking out the semicolon and inserting in lieu thereof the following: ", except that ench such plan shall provide that beginning July 1, 1972, at least the per centum of Federal assistance granted to the State planning agency under this part for any fiscal year which corresponds to the per centum of the State and local law enforcement expenditures funded and expended in the immediately preceding fiscal year by units of general local government will be made available to such units or combinations of such units in the immediately following fiscal year for the development and implementation of programs and projects for the improvement of law enforcement, and that with respect to such programs or projects the State will provide in the aggregate not less than one-fourth of the non-Federal funding. Per centum determinations under this paragraph for law enforcement funding and expenditures for such immediately preceding fiscal year shall be based upon the most accurate and complete data available for such fiscal year or for the last fiscal year for which such data are available. The Administration shall have the authority to approve such determinations and to review the accuracy and completeness of such data;" (7) Section 305 is amended to read as follows:

42 USC 3735. "Sec. 305. Where a State has failed to have a comprehensive State plan approved under this title within the period specified by the Administration for such purpose, the funds allocated for such State under paragraph (1) of section 306 (a) of this title shall be available for reallocation by the Administration under paragraph (2) of section 306(a)." (8) Section 306 is amended to read as follows:

42 USC 3736, Sec. 306. (a) The funds appropriated each fiscal year to make grants under this part shall be allocated by the Administration as follows:

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

(2) Fifteen per centum of such funds, plus any additional amounts made available by virtue of the application of the provisions of sections 303 and 509 of this title to the grant of any State, Supra. may, in the discretion of the Administration, be allocated among 42 USC 3757. the States for grants to State planning agencies, units of general local government, or combinations of such units, according to the criteria and on the terms and conditions the Administration deter

mines consistent with this title. Any grant made from funds available under paragraph (2) of this subsection may be up to 75 per centum of the cost of the program or project for which such grant is made. No part of any grant under such paragraph for the purpose of renting, leasing, or constructing buildings or other physical facilities shall be used for land acquisition.

84 STAT. 1884

Ante, p. 1882.

other aboriginal group, if the Adininistration determines that the tribe or group does not have sufficient funds available to meet the local share of the costs of any program or project to be funded under the yrant, the Administration may increase the Federal share of the cost thereof to the extent it deems necessary. The limitations on the expenditure of portions of grants for the compensation of personnel in subsection (d) of section 301 of this title shall apply to a grant under such paragraph. Effective July 1, 1972, at least 10 per centum of the non-Federal funding of the cost of any program or project to be funded by a grant under such paragraph shall be of money appropriated in the aggregate, by State or individual unit of government, for the purpose of the shared funding of such programs or projects.

"(b) If the Administration determines, on the basis of information available to it during any fiscal year, that a portion of the funds allocated to a State for that fiscal year for grants to the State planning agency of the State will not be required by the State, or that the State will be unable to qualify to receive any portion of the funds under the requirements of this part, that portion shall be available for reallocation to other States under paragraph (1) of subsection (a) of this section."

82 Stat, 203. 42 USC 3741. 42 USC 3746.

TRAINING, EDUCATIOX, RESEARCH, DEMONSTRATION, AND SPECIAL GRANTS

SEX, 5. Part D of title I of the Omnibus ('rime Control and Safe Streets Act of 1968 is amended as follows: (1) Section 106 is amended

(A) by striking “in areas directly related to law enforcement or preparing for employment in law enforcement" in the first sentence of subsection (b) and inserting in lieu thereof “in areas related to law enforcement or suitable for persons employed in law enforcement":

(B) by striking out “tuition and fees“ in the first sentence of subsection (c) and inserting in lieu thereof “tuition, books, and fees"; and

(C) by inserting at the end thereof the following new subsections: "(d) Full-time teachers or persons preparing for careers as fulltime teachers of courses related to law enforcement or suitable for persons employed in law enforcement, in institutions of higher education which are eligible to receive funds under this section, shall be eligible to receive assistance under subsections (b) and (c) of this section as determined under regulations of the Administration.

“(e) The Administration is authorized to make grants to or enter into contracts with institutions of higher education, or combinations of such institutions, to assist them in planning, developing, strengthening, improving, or carrying out programs or projects for the development or demonstration of improved methods of law enforcement education, including

“(1) planning for the development or expansion of undergradnate or graduate programs in law enforcement;

“(2) education and training of faculty members;

* (3) strengthening the law enforcement aspects of courses leading to an undergraduate, graduate, or professional degree; and

"(4) research into, and development of, methods of educating students or faculty, including the preparation of teaching mate84 STAT. 1885 The amount of a grant or contract may be up to 75 per centum of the total cost of programs and projects for which a grant or contract is made.

"(f) The Administration is authorized to enter into contracts to make, and make, payments to institutions of higher education for grants not exceeding $50 per week to persons enrolled on a full-time basis in undergraduate or graduate degree programs who are accepted for and serve in full-time internships in law enforcement agencies for not less than eight weeks during any summer recess or for any entire quarter or semester on leave from the degree program.”

(2) Part I) is further amended by inserting after section 106 the Enforoement following new sections:

personnel, "SEC. 407. The Administration is authorized to develop and support training regional and national training programs, workshops, and seminars to instruct State and local law enforcement personnel in improved methods of crime prevention and reduction and enforcement of the criminal law. Such training activities shall be designed to supplement and improve, rather than supplant, the training activities of the State and units of general local government, and shall not duplicate the activities of the Federal Bureau of Investigation under section 104 of this title."

82 Stat. 204. “Sec. 408. (a) The Administration is authorized to establish and 42 USC 3744. support a training program for prosecuting attorneys from State and Proseouting local offices engaged in the prosecution of organized crime. The pro

attorneys, yram shall be designed to develop new or improved approaches, tech

training niques, systems, manuals, and devices to strengthen prosecutive programs.

, capabilities against organized crime.

*(b) While participating in the training program or traveling in Travel connection with participation in the training program, State and expenses. local personnel shall bo allowed travel expenses and a per diem allowance in the same inanner as prescribed under section 5703 (b) of title š, United States ('ode, for persons employed intermittently in 80 Stat. 499; the Government service.

83 Stat. 190. "(c) The cost of training State and local personnel under this section shall be provided out of funds appropriated to the Idministration for the purpose of such training."

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GRANTS FOR CORRECTIONAL INSTITUTIOXS AND FACILITIES

SEC: 6. (a) Title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by inserting immediately after part D the 82 Stat. 197. following:

42 USC 3701.

"PART E-RIXTS FOR CORRECTIOXAL INSTITUTIONS ixD FACILITIES

"SEX: 1:51. It is the purpose of this part to encourage States and units of general local government to develop and implement programs and projects for the construction, acquisition, and renovation of correctional institutions and facilities, and for the improvement of correctional programs and practices.

"SEC. 452. State desiring to receive a grant under this part for any fiscal year shall, consistent with the basic criteria which the Administration establishes under section 15+ of this title, incorporate its application for such grant in the comprehensive State plan submitted to the Administration for that fiscal year in accordance with

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