An Act to amend title I of the Omnibus Crime Control and Safe Streets Act of 1968, and for other purposes.
PL 94-503 (S.2212), enacted 10/15/1976

PUBLIC LAW 94-503—OCT. 15, 1976 
90 STAT. 2407 
Public Law 94-503 
94th Congress 
An Act 
To amend title I of the Omnibus Crime Control and Safe Streets Act of 1968, 
Oct. 15, 1976 
and for other purposes. 
[S. 2212] 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may Crime Control 
be cited as the "Crime Control Act of 1976". 
Act of 1976. 
TrriiB I—^AMENDMENTS KELATING TO L.E.A.A. 
AMENDMENTS TO STATEMENT OF PUKPOSE 
42 use 3701 
note. 
SEC. 101. The "Declaration and Purpose" of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968, is amended as follows: 42 U
S
C 3701. 
(1) By inserting between the second and third paragraphs the 
following additional paragraph: 
"Congress tinds further that the financial and technical resources of 
the Federal Government should be used to provide constructive aid 
and assistance to State and local governments in combating the serious 
problem of crime and that the Federal Government should assist State 
and local governments in evaluating the impact and value of programs 
developed and adopted pursuant to this title.". 
(2) By striking out the fourth paragraph and inserting in lieu 
thereof the following new paragraph: 
"It is therefore the declared policy of the Congress to assist State 
and local governments in strengthening and improving law enforce-
ment and criminal justice at every level by Federal assistance. It is 
the purpose of this title to (1) encourage, through the provision of 
Federal technical and financial aid and assistance, States and units 
of general local government to develop and adopt comprehensive plans 
based upon their evaluation of and designed to deal with their par-
ticular problems of law enforcement and criminal justice; (2) author-
ize, following evaluation and approval of comprehensive plans, grants 
to States and units of local government in order to improve and 
strengthen law enforcement and criminal justice; and (3) encourage, 
through the provision of Federal technical and financial aid and assist-
ance, research and development directed toward the improvement of 
law enforcement and criminal justice and the development of new 
methods for the prevention and reduction of crime and the detection, 
apprehension, and rehabilitation of criminals.". 
SUPERVISION BY ATTORNEY GENERAL 
SEC. 102. Section 101(a) of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 is amended by inserting after "authority" 42 USC 3711. 
the following: ", policy direction, and general control". 
OFFICE OF COMMUNITY ANTI-CRIME PROGRAMS 
SEC. 103. Section 101 of the Omnibus Crime Control and Safe Streets 
Act of 1968 is amended by adding at the end the following: 
90 STAT. 2408 
PUBLIC LAW 94-503—OCT. 15, 1976 
Office of 
Community Anti-
Crime Programs. 
Establishment. 
"(c) There is established in the Administration the Office of Com-
munity Anti-Crime Programs (hereinafter in this subsection referred 
to as the 'Office'). The Office shall be under the direction of the Deputy 
Administrator for Policy Development. The Office shall— 
"(1) provide appropriate technical assistance to community 
and citizens groups to enable such groups to apply for grants to 
encourage community and citizen participation in crime preven-
tion and other law enforcement and criminal justice activities; 
"(2) coordinate its activities with other Federal agencies and 
programs (including the Community Kelations Division of the 
Department of Justice) designed to encourage and assist citizen 
participation in law enforcement and criminal justice activities; 
and 
" (3) provide information on successful programs of citizen and 
community participation to citizen and community groups.". 
AMEXDMEXT TO PART B PURPOSES 
42 use 3721. 
SEC. 104. Section 201 of title I of such Act is amended by inserting 
immediately after "part" the following: "to provide financial and 
technical aid and assistance". 
SEGTIOX 203 AMENDMENTS 
42 use 3723. 
SEC. 105. Section 203 of title I of such Act is amended to read as 
follows: 
State planning 
"SEC. 203. (a) (1) A grant made under this part to a State shall be 
agency. 
utilized by the State to establish and maintain a State planning agency. 
Such agency shall be created or designated by the chief executive of 
the State or by State law and shall be subject to the jurisdiction of the 
chief executive. Where such agency is not created or designated by 
State law, it shall be so created or designated by no later than Decem-
ber 31, 1978, The State planning agency and any regional planning 
units within the State shall, within their respective jurisdictions, be 
representative of the law enforcement and criminal justice agencies, 
including agencies directly related to the prevention and control of 
juvenile delinquency, units of general local government, and public 
agencies maintaining programs to reduce and control crime, and shall 
include representatives of citizens, professional, and community orga-
nizations, including organizations directly related to delinquency 
prevention. 
"(2) The State planning agency shall include as judicial members, 
at a minimum, the chief judicial officer or other officer of the court of 
last resort, the chief judicial administrative officer or other appropri-
ate judicial administrative officer of the State, and a local trial court 
judicial officer. The local trial court judicial officer and, if the chief 
judicial officer or chief judicial administrative officer cannot or does 
not choose to serve, the other judicial members, shall be selected by the 
chief executive of the State from a list of no less than three nominees 
for each position submitted by the chief judicial officer of the court of 
last resort Avithin thirty days after the occurrence of any vacancy in 
the judicial membership. Additional judicial members of the State 
planning agency as may be required by the Administration pursuant 
Post, p. 2421. 
to section 515(a) of this title shall be appointed by the chief executive 
of the State from the membership of the judicial planning committee. 
Any executive committee of a State planning agency shall include in 
its membership the same proportion of judicial members as the total 
number of such members bears to the total membership of the State 
PUBLIC LAW 94-503—OCT. 15, 1976 
90 STAT. 2409 
planning agency. The regional planning units within the State shall 
be comprised of a majority of local elected oificials. State planning 
agencies which choose to establish regional planning units may utilize 
the boundaries and organization of existing general purpose regional 
planning bodies within the State. 
" (b) The State planning agency shall— 
"(1) develop, in accordance with part C, a comprehensive state-
wide plan for the improvement of law enforcement and criminal 
justice throughout the State; 
"(2) define, develop, and correlate programs and projects for 
the State and the units of general local government in the State 
or combinations of States or units for improvement in law enforce-
ment and criminal justice; 
"(3) establish priorities for the improvement in law enforce-
ment and criminal justice throughout the State; and 
" (4) assure the participation of citizens and community orga-
nizations at all levels of the planning process. 
" (c) The court of last resort of each State or a judicial agency Judicial planning 
authorized on the date of enactment of this subsection by State law to committee, 
perform such function, provided it has a statutory membership of a 
majority of court officials (including judges, court administrators, 
prosecutors, and public defenders) may establish or designate a judi-
cial planning committee for the preparation, development, and revi-
sion of an annual State judicial plan. The members of the judicial 
planning committee shall be appointed by the court of last resort or a 
judicial agency authorized on the date of enactment of this subsection 
by State law to perform such function, provided it has a statutory 
membership of a majority of court officials (including judges, court 
administrators, prosecutors, and public defenders) and serve at its 
pleasure. The committee shall be reasonably representative of the vari-
ous local and State courts of the State, including appellate courts, and 
shall include a majority of court officials (including judges, court 
administrators, prosecutors, and public defenders). 
"(d) The judicial planning committee shall— 
"(1) establish priorities for the improvement of the courts of 
the State; 
"(2) define, develop, and coordinate programs and projects 
for the improvement of the courts of the State; and 
"(3) develop, in accordance with part C, an annual State 
judicial plan for the improvement of the courts of the State to 
be included in the State comprehensive plan. 
The judicial planning committee shall submit to the State planning 
agency its annual State judicial plan for the improvement of the 
courts of the State. The State planning agency shall incorporate into 
the comprehensive statewide plan the annual State judicial plan, 
except to the extent that such State judicial plan fails to meet the 
requirements o f action 304 (b). 
Post, p. 2414. 
"(e) If a State court of last resort or a judicial agency authorized 
on the date of enactment of this subsection by State law to perform 
such function, provided it has a statutory membership of at least a 
majority of court officials (including judges, court administrators, 
prosecutors, and public defenders) does not create or designate a judi-
cial planning committee, or if such committee fails to submit an annual 
State judicial plan in accordance with this section, the responsibility 
for preparing and developing such plan shall rest with the State plan-
ning agency. The State planning agency shall consult with the judicial 
planning committee in carrying out functions set forth in this section 
as they concern the activities of courts and the impact of the activities 
90 STAT. 2410 
PUBLIC LAW 94-503—OCT. 15, 1976 
of courts on related agencies (including prosecutorial and defender 
services). All requests from the courts of the State for financial assist-
ance shall be received and evaluated by the judicial planning commit-
tee for appropriateness and conformity with the purposes of this title. 
"(f) The State planning agency shall make such arrangements as 
such agency deems necessary to provide that at least $50,000 of the 
Federal funds granted to such ag;ency under this part for any fiscal 
year will be available to the judicial planning committee and at least 
40 per centum of the remainder of all Federal funds granted to the 
State planning agency under this part for any fiscal year will be avail-
able to units of general local government or combinations of such units 
to participate in the formulation of the comprehensive State plan 
required under this part. The Administration may waive this require-
ment, in whole or in part, upon a finding that the requirement is 
inappropriate in view of the respective law enforcement and criminal 
justice 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. Any portion of such 
funds made available to the judicial planning committee and such 40 
per centum in any State for any fiscal year not required for the pur-
pose set foi'th in this subsection shall be available for expenditure by 
such State agency from time to time on dates during such year as the 
Administration may fix, for the development by it of the State plan 
required under this part. 
''(g) The State planning agency and any other planning orga-
nization for the purposes of this title shall hold each meeting open 
to the public, giving public notice of the time and place of such 
meeting, and the nature of the business to be transacted, if final action 
is to be taken at that meeting on (1) the State plan, or (2) any appli-
cation for funds under this title. The State planning agency and any 
other planning organization for the purposes of this title shall pro-
vide for public access to all records relating to its functions under this 
title, except such records as are required to be kept confidential by any 
other provision of local. State, or Federal law.". 
JUDICIAL PLANNING EXPENSES FUNDING 
SEC. 106. Section 204 of the Omnibus Crime Control and Safe Streets 
42 use 3724. 
Act of 1968 is amended by inserting "the judicial planning committee 
and" between the words "by" and "regional" in the first sentence; and 
by striking out the words "expenses, shall," and inserting in lieu 
thereof "expenses shall". 
JUDICIAL PLANNING PROVISION AND REALLOCATION OF CERTAIN FUNDS 
SEC. 107. Section 205 of the Omnibus Crime Control and Safe Streets 
42 use 3725. 
Act of 1968 is amended by— 
(1) inserting ", the judicial planning committee," immediately 
after the word "agency" in the first sentence; 
(2) striking out "$200,000" from the second sentence and insert-
ing in lieu thereof "$250,000"; and 
(3) inserting the following sentence at the end thereof: "Any 
unused funds reverting to the Administration shall be available 
for reallocation under this part among the States as determined 
by the Administration.". 
PUBLIC LAW 94-503—OCT. 15, 1976 
90 STAT. 2411 
STATE LEGISLATURES 
SEC. 108. Part B of the Omnibus Crime Control and Safe Streets 
Act of 1968 is amended by adding at the end thereof the following 
new section: 
"SEC. 206. At the request of the State legislature while in session ^^ USC 3726. 
or a body designated to act while the legislature is not in session, the 
comprehensive statewide plan shall be submitted to the legislature 
for an advisory review prior to its submission to the Administration 
by the chief executive of the State. In this review the general goals, 
priorities, and policies that comprise the basis of that plan, including 
possible conflicts with State statutes or prior legislative Acts, shall 
be considered. If the legislature or the interim body has not reviewed 
the plan forty-five days after receipt, such plan shall then be deemed 
reviewed.". 
SECTION 301 AMENDMENTS 
SEC. 109. (a) Section 301 of title I of such Act is amended by— 42 USC 3731. 
(1) inserting immediately after "part" in subsection (a) the 
following: ", through the provision of Federal technical and 
financial aid and assistance,"; 
(2) striking out "Public education relating to crime preven-
tion" from paragraph (3) of subsection (b) and inserting in 
lieu thereof "Public education programs concerned with law 
enforcement and criminal justice"; and 
(3) striking out "and coordination" from paragraph (8) of 
subsection (b) and inserting in lieu thereof ", coordination, moni-
toring, and evaluation". 
(b) Section 301(b) of such Act is amended— 
(1) by striking out paragraph (6) ; 
(2) by redesignating paragraph (7) as paragraph (6) ; 
(3) by redesignating paragraphs (8) through (10) as para-
graphs (7) through (9), respectively; and 
(4) by adding at the end the following: 
"(10) The definition, development, and implementation of Grants, 
programs and projects designed to improve the functioning of eligibility, 
courts, prosecutors, defenders, and supporting agencies, reduce 
and eliminate criminal case backlog, accelerate the processing and 
disposition of criminal cases, and improve the administration of 
criminal justice in the courts; the collection and compilation of 
judicial data and other information on the work of the courts 
and other agencies that relate to and affect the work of the courts; 
programs and projects for expediting criminal prosecution and 
reducing court congestion; revision of court criminal rules and 
procedural codes within the rulemaking authority of courts or 
other judicial entities having criminal jurisdiction within the 
State; the development of uniform sentencing standards for 
criminal cases; training of judges, court administrators, and sup-
port personnel of courts having criminal jurisdiction; support 
of court technical assistance and support organizations; support 
of public education programs concerning the administration of 
criminal justice; and equipping of court facilities. 
"(11) The development and operation of programs designed to 
reduce and prevent crime against elderly persons. 
"(12) The development of programs to identify the special 
needs of drug-dependent offenders (including alcoholics, alcohol 
abusers, drug addicts, and drug abusers). 
90 STAT. 2412 
PUBLIC LAW 94-503—OCT. 15, 1976 
"(13) The establishment of early case assessment panels under 
the authority of the appropriate prosecuting oiScial for any unit 
of general local government within the State having a popu-
lation of two hundred and fifty thousand or more to screen and 
analyze cases as early as possible after the time of the bringing 
of charges, to determine the feasibility of successful prosecution, 
and to expedite the prosecution of cases involving repeat offenders 
and perpetrators of violent crimes. 
"(14^ The development and operation of crime prevention pro-
grams m which members of the community participate, including 
but not limited to 'block watch' and similar programs.". 
ADDITIONAL JUDICIAL PARTICIPATION 
SEC. 110. Section 302 of the Omnibus Crime Control and Safe Streets 
42 use 3732. 
Act is amended by inserting "(a)" immediately after "SEC. 302." and 
by adding at the end the following new subsections: 
Plan, 
filing. 
"(b) Any judicial planning committee established pursuant to this 
title may file at the end of each fiscal year with the State plamiing 
agency, for information purposes only, a multiyear comprehensive 
plan for the improvement of the State court system. Such multiyear 
comprehensive plan shall be based on the needs of all the courts in the 
State and on an estimate of funds available to the courts from all 
Federal, State, and local sources and shall, where appropriate— 
"(1) provide for the administration of programs and projects 
contained in the plan; 
"(2) adequately take into account the needs and problems of 
all courts in the State and encourage initiatives by the appellate 
and trial courts in the development of programs and projects for 
law reform, improvement in the administration of courts and 
activities within the responsibility of the courts, including bail 
and pretrial release services and prosecutional and defender serv-
ices, and provide for an appropriately balanced allocation of 
funds between the statewide judicial system and other appellate 
and trial courts; 
"(3) provide for procedures under which plans and requests 
for financial assistance from all courts in the State may be sub-
mitted annually to the judicial planning committee for evaluation; 
"(4) incorporate innovations and advanced techniques and 
contain a comprehensive outline of priorities for the improvement 
and coordination of all aspects of courts and court programs, 
including descriptions of (A) general needs and problems; (B) 
existing systems; (C) available resources; (D) organizational 
systems and administrative machinery for implementing the plan; 
(E) the direction, scope, and general types of improvements to 
be made in the future; and (F) to the maximum extent practica-
ble, the relationship of the plan to other relevant State or local 
law enforcement and criminal justice plans and systems; 
"(5) provide for effective utilization of existing facilities and 
permit and encourage units of general local government to com-
bine or provide for cooperative arrangements with respect to 
services, facilities, and equipment provided for courts and related 
purposes; 
"(6) provide for research, development, and evaluation; 
PUBLIC LAW 94-503—OCT. 15, 1976 
90 STAT. ^413 
"(7) set forth policies and procedures designed to assure that 
Federal funds made available under this title will be so used as 
not to supplant State or local funds, but to increase the amounts 
of such funds that would, in the absence of such Federal funds, 
be made available for the courts; and 
"(8) provide for such fund accounting, auditing, monitoring, 
and program evaluation procedures as may be necessary to assure 
sound fiscal control, effective management, and efficient use of 
funds received under this title. 
"(c) Each year, the judicial planning committee shall submit an 
annual State judicial plan for the funding of programs and projects 
recommended by such committee to the State planning agency for 
approval and incorporation, in whole or in part, in accordance with 
the provisions of section 304(b), into the comprehensive State plan Post, p. 24j4. 
which is submitted to the Administration pursuant to part B of this 
title. Such annual State judicial plan shall conform to the purposes 
of this part,". 
STATE PLAN REQUIREMENTS AMENDMENTS 
SEC. 111. Section 303 of the Omnibus Crime Control and Safe Streets 
Act of 1968 is amended by— 
42USC373a. 
(1) in paragraph (4) of subsection (a), inserting immediately 
before the semicolon the following: ". Approval of such local 
comprehensive plan or parts thereof shall result in the award of 
funds to the units of general local government or combinations 
thereof to implement the approved parts of their plans, unless 
the State planning agency finds the implementation of such 
approved parts of their plan or revision thereof to be inconsistent 
with the overall State plan"; 
(2) inserting immediately after "necessary" in paragraph (12) 
of subsection (a) the following: "to keep such records as the 
Administration shall prescribe"; 
(3) striking out "and" after paragraph (14) of subsection (a), 
striking out the period at the end of paragraph (15) and inserting 
in lieu thereof "; and", and adding alter paragraph (15) the 
following: 
"(16) provide for the development of programs and projects 
for the prevention of crimes against the elderly, unless the State 
planning agency makes an affirmative finding in such plan that 
such a requirement is inappropriate for the State; 
" (17) provide for the development and, to the maximum extent 
feasible, implementation of procedures for the evaluation of pro-
grams and projects in terms of their success in achieving the ends 
for which they were intended, their conformity with the purposes 
and goals of the State plan, and their effectiveness in reducing 
crime and strengthening law enforcement and criminal justice; 
and 
"(18) establish procedures for effective coordination between 
State planning agencies and single State agencies designated 
under section 409(e) (1) of the Drug Abuse Office and Treatment 
Act of 1972 (21 U.S.C. 1176(e) (1)) in responding to the needs of 
drug dependent offenders (including alcoholics, alcohol abusers, 
drug addicts, and drug abusers)."; 
(4) striking out subsection (b) and inserting in lieu thereof 
the following: 
9-194 O—78—Dt. 2
60
90 STAT. 2414 
PUBLIC LAW 94-503—OCT. 15, 1976 
"(b) Prior to its approval of any State plan, the Administration 
shall evaluate its likely effectiveness and impact. No approval shall 
be given to any State plan unless and until the Administration makes 
an affirmative finding in writing that such plan reflects a determined 
effort to improve the quality of law enforcement and criminal justice 
throughout the State and that, on the basis of the evaluation made 
by the Administration, such plan is likely to contribute effectively to 
an improvement of law enforcement and criminal justice in the State 
and make a significant and effective contribution to the State's efforts 
to deal with crime. No award of funds that are allocated to the States 
under this part on the basis of population shall be made with respect 
to a program or project other than a program or project contained 
in an approved plan."; 
(5) inserting in subsection (c) immediately after "unless" the 
following: "the Administration finds that"; and 
(6) adding at the end the following new subsection: 
"(d) In making grants under this part, the Administration and each 
State planning agency, as the case may be, shall provide an adequate 
share of funds for the support of improved court programs and proj-
ects, including projects relating to prosecutorial and defender services. 
No approval shall be given to any State plan unless and until the 
Administration finds that such plan provides an adequate share of 
funds for court programs (including programs and projects to reduce 
court congestion and accelerate the processing and disposition of 
criminal cases). In determining adequate funding, consideration shall 
be given to (1) the need of the courts to reduce court congestion and 
backlog; (2) the need to improve the fairness and efficiency of the 
judicial system; (3) the amount of State and local resources com-
mitted to courts; (4) the amount of funds available under this part; 
(5) the needs of all law enforcement and criminal justice agencies in 
the State; (6) the goals and priorities of the comprehensive plan; 
(7) written recommendations made by the judicial planning com-
mittee to the Administration; and (8J such other standards as the 
Administration may deem consistent with this title.". 
GRANTS TO U N I T S ; JUDICIAL PARTICIPATION 
SEC. 112. Section 304 of the Omnibus Crime Control and Safe Streets 
42 use 3734. 
Act of 1968 is amended to read as follows: 
"SEC. 304. (a) State planning agencies shall receive plans or appli-
cations for financial assistance from units of general local govern-
ment and combinations of such units. When a State planning agency 
determines that such a plan or application is in accordance with the 
42 use 3731. 
purposes stated in section 301 and in conformance with an existing 
statewide comprehensive law enforcement plan or revision thereof, the 
State planning agency is authorized to disburse funds to implement 
the plan or application. 
"(b) After consultation with the State planning agency pursuant 
Ante, p. 2408. 
to subsection (e) of section 203, the judicial planning committee shall 
transmit the annual State judicial plan approved by it to the State 
planning agency. Except to the extent that the State planning agency 
thereafter determines that such plan or part thereof is not in accord-
ance with this title, is not in conformance with, or consistent with, 
the statewide comprehensive law enforcement and criminal justice 
plan, or does not conform with the fiscal accountability standards of 
the State planning agency, the State planning agency shall incorporate 
such plan or part thereof in the State comprehensive plan to be sub-
mitted to the Administration.". 
PUBLIC LAW 94-503—OCT. 15, 1976 
90 STAT. 2415 
SECTION 30 6 AMENDMENTS 
SEC. 113. Section 306 of the Omnibus Crime Control and Safe Streets 
Act of 1968 is amended by inserting the following between the third 
and fourth sentences of the unnumbered paragraph in subsection (a) : 
"Where a State does not have an adequate forum to enforce grant 
provisions imposing liability on Indian tribes, the Administration is 
authorized to waive State liability and may pursue such legal remedies 
as are necessary.". 
SECTION 307 AMENDMENT 
SEC. 114. Section 307 of such Act is amended by striking out "and 
of riots and other violent civil disorders" and inserting in lieu thereof 
the following "and programs and projects designed to reduce court 
congestion and backlog and to improve the fairness and efficiency of 
the judicial system". 
TECHNICAL AMENDMENT 
SEC. 115. Section 308 of the Omnibus Crime Control and Safe Streets 
Act of 1968 is amended by striking out "302(b)" and inserting "303" 
in lieu thereof. 
ANTITRUST ENFORCEMENT GRANTS 
Grants, funds 
allocation. 
42 use 3736. 
Grants, priority 
programs. 
42 use 3737. 
42 use 3738. 
Ante, p. 2413. 
42 use 3733. 
SEC. 116. Part C of title I of such Act is amended by inserting 
immediately after section 308 the following new section: 
"SEC. 309. (a) The Attorney General is authorized to provide assist- 
42 USe 3739. 
ance and make grants to States which have State plans approved under 
subsection (c) of this section to improve the antitrust enforcement 
capability of such State. 
"(b) The attorney general of any State desiring to receive assist- 
Plan, submittal, 
ance or a grant under this section shall submit a plan consistent with 
such basic criteria as the Attorney General may establish under sub-
section (d) of this section. Such plan shall— 
"(1) provide for the administration of such plan by the attor-
ney general of such State; 
"(2) set foith a program for training State officers and employ-
ees to improve the antitrust enforcement capability of such State; 
"(3) establish such fiscal controls and fund accounting pro-
cedures as may be necessary to assure proper disposal of and 
accounting of Federal funds paid to the State including such 
funds paid by the State to any agency of such State under this 
section; and 
"(4) provide for making reasonable reports in such form and 
containing such information as the Attorney General may reason-
ably require to carry out his function under this section, and for 
keeping such records and affording such access thereto as the 
Attorney General may find necessary to assure the correctness 
and verification of such reports. 
"(c) The Attorney General shall approve any State plan and any 
modification thereof which complies with the provisions of subsection 
(b) of this section. 
"(d) As soon as practicable after the date of enactment of this 
eriteria. 
section the Attorney General shall, by regulation, prescribe basic 
criteria for the purpose of establishing equitable distribution of funds 
received under this section among the States. 
"(e) Payments under this section shall be made from the allotment 
to any State which administers a plan approved under this section. 
Payments to a State under this section may be made in installments, in 
advance, or by way of reimbursement, with necessary adjustments on 
90 STAT. 2416 
PUBLIC LAW 94-503—OCT. 15, 1976 
Audit. 
Notice and 
hearing. 
Definitions. 
Appropriation 
autaorization. 
account of underpayment or overpayment, and may be made directly 
to a State or to one or more public agencies designated for this purpose 
by the State, or to both. 
"(f) The Comptroller General of the United States or any of his 
authorized representatives shall have access for the purpose of audit 
and examination to any books, documents, papers, and records that 
are pertinent to any grantee under this section. 
" is) 
Whenever the Attorney General, after giving reasonable notice 
and opportunity for hearing to any State receiving a grant under 
this section, finds— 
"(1) that the program for which such grant was made has 
been so changed that it no longer complies with the provisions of 
this section; or 
"(2) that in the operation of the program there is failure to 
comply substantially with any such provision; 
the Attorney General shall notify such State of his findings and no 
further payments may be made to such State by the Attorney General 
until he is satisfied that such noncompliance has been, or will promptly 
be, corrected. However, the Attorney General may authorize the con-
tinuance of payments with respect to any program pursuant to this 
part which is being carried out by such State and which is not involved 
m the noncompliance. 
"(h) As used in this section the term— 
"(1) 'State' includes each of the several States of the United 
States, the District of Columbia, and the Commonwealth of Puerto 
Kico; 
"(2) 'attorney general' means the principal law enforcement 
officer of a State, if that officer is not the attorney general of that 
State; and 
"(3) 'State officers and employees' includes law or economics 
students or instructors engaged in a clinical program under the 
supervision of the attorney general of a State or the Assistant 
Attorney General in charge of the Antitrust Division. 
"(i) In addition to any other sums authorized to be appropriated 
for the purposes of this title, there are authorized to be appropriated 
to carry out the purposes of this section not to exceed $10,000,000 for 
the fiscal year ending September 30, 1977; not to exceed $10,000,000 
for the fiscal year ending September 30, 1978; and not to exceed 
$10,000,000 for the fiscal year ending September 30, 1979.". 
National Institute 
of Law 
Enfofcement and 
Criminal Justice. 
42 use 3742. 
42 use 3763. 
INSTITUTE AMENDMENTS 
SEC. 117. (a) Section 402 of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 is amended— 
(1) by striking out "Administrator" in the third sentence of 
subsection (a) and inserting in lieu thereof "Attorney General"; 
(2) in the second paragraph of subsection (c), by striking out 
"to evaluate" and inserting in lieu thereof the following: "to make 
evaluations and to receive and review the results of evaluations 
of"; 
(3) in the second paragraph of subsection (c), by adding at the 
end the following: "The Institute shall, in consultation with State 
planning agencies, develop criteria and procedures for the per-
formance and reporting of the evaluation of programs and projects 
carried out under this title, and shall disseminate information 
about such criteria and procedures to State planning agencies. 
The Institute shall also assist the Administrator in the perform-
ance of those duties mentioned in section 515(a) of this title."; 
PUBLIC LAW 94-503—OCT. 15, 1976 
90 STAT. 24117 
(4) by inserting immediately before the final paragraph of 
subsection (c) the following: 
"The Institute shall, in consultation with the National Institute on 
Drug Abuse, make studies and undertake programs of research to 
determine the relationship between drug abuse and crime and to 
evaluate the success of the various types of drug treatment programs 
in reducing crime and shall report its findings to the President, the 
Congress, and the State planning agencies and, upon request, to units 
of general local government"'; and 
(5) by adding at the end of such subsection the following: 
"The Institute shall, before September 30,1977, survey existing and Surveys, 
future needs in correctional facilities in the Nation and the adequacy 
of Federal, State, and local programs to meet such needs. Such survey 
shall specifically determine the effect of anticipated sentencing reforms 
such as mandatory minimum sentences on such needs. In carrying out 
the provisions of this section, the Director of the Institute shall make 
maximum use of statistical and other related information of the 
Department of Labor, Department of Health, Education, and Welfare, 
the General Accounting Office, Federal, State, and local criminal justice 
agencies and other appropriate public and private agencies. 
"The Institute shall identify programs and projects carried out 
under this title which have demonstrated success in improving law 
enforcement and criminal justice and in furthering the purposes of 
this title, and which offer the likelihood of success if continued or 
repeated. The Institute shall compile lists of such programs and 
projects for the Administrator who shall disseminate them to State 
planning agencies and, upon request, to units of general local 
government.". 
(b) Section 402(b)(3) of such Act is amended by striking out 
", and to evaluate the success of correctional procedures". 
Studies, report to 
President and 
Congress. 
42 use 3742. 
CONFORMING AMENDMENT 
SEC. 118. (a) Section 453(10) of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended by striking out "and (15)" and 42 USC 3750L 
inserting in lieu thereof " (15), and (17)". 
NONPROFIT O R G A N I Z A T I O N S ; INDIAN TRIBES 
SEC. 119. Section 455 of the Omnibus Crime Control and Safe 
Streets Act of 1968 is amended by striking out "or" in paragraph 
(a) (2) and by inserting "or nonprofit organization," after the second 
occurrence of the word "units," in that paragraph. 
(b) Section 507 of such Act is amended— 
(1) by inserting "(a)" immediately after "SEC. 507."; and 
(2) by adding at the end the following new subsection: 
"(b) In the case of a grant to an Indian tribe or other aboriginal 
group, if the Administration determines that the tribe or group does 
not have sufficient funds available to meet the local share of the costs 
of any program or project to be funded under the grant, the Admin-
istration may increase the Federal share of the cost thereof to the 
extent it deems necessary. Where a State does not have an adequate 
forum to enforce grant provisions imposing liability on Indian tribes, 
the Administration is authorized to waive State liability and may 
pursue such legal remedies as are necessary.". 
42 USC 3750fl. 
42 USC 3765. 
90 STAT. 2418 
PUBLIC LAW 94-503—OCT. 15, 1976 
KULES AND IIEGUI.ATIONS REQUIKEMENT 
SEC. 120. Section 501 of the Omnibus Crime Control and Safe 
42 use 3751. 
Streets Act of 1968 is amended by adding the following sentence at the 
end: "The Administration shall establish such rules and regulations 
as are necessary to assure the proper auditing, monitoring, and evalu-
ation by the Administration of both the comprehensiveness and impact 
of programs funded under this title in order to determine whether 
such programs submitted for funding are likely to contribute to the 
improvement of law enforcement and criminal justice and the reduc-
tion and prevention of crime and juvenile delinquency and whether 
such programs once implemented have achieved the goals stated in the 
original plan and application.". 
HEARING EXAMINERS 
SEC. 121. Section 607 of the Omnibus Grime Control and Safe 
42 use 3755. 
Streets Act of 19C8 is amended to read as follows: 
"SEC. 507. Subject to the Civil Service and classification laws, the 
Administration is authorized to select, appoint, employ, and fix com-
pensation of such officers and employees as shall be necessary to carry 
out its powers and duties under this title and is authorized to select, 
appoint, employ, and fix compensation of such hearing examiners or 
to request the use of such hearing examiners selected by the Civil Serv-
ice Commission pursuant to section 3344 of title 5, United States Code, 
as shall be necessary to carry out its powers and duties under this 
title.". 
CIVIL RIGHTS ENFORCEMENT PROCEDURES 
SEC. 122. (a) Section 509 of the Omnibus Crime Control and Safe 
42 use 3757. 
Streets Act of 1968 is amended by striking out "Whenever the Admin-
istration" and all that follows down through "grantee under this title," 
Infra. 
and inserting in lieu thereof "Except as provided in section 518(c), 
whenever the Administration, after notice to an applicant or a grantee 
under this title and opportunity for a hearing on the record in accord-
ance with section 554 of title 5, United States Code,". 
42 use 3766. 
(b) Section 518(c) of such Act is amended to read as follows: 
"(c) (1) No person in any State shall on the ground of race, color, 
religion, national origin, or sex be excluded from participation in, be 
denied the benefits of, or be subjected to discrimination under or denied 
employment in connection with any program or activity funded in 
whole or in part with funds made available under this title. 
" (2) (A) Whenever there has been— 
Notice and 
"(i) receipt of notice of a finding, after notice and oppoitunity 
hearing. 
for a hearing, by a Federal court (other than in an action brought 
by the Attorney General) or State court, or by a Federal or State 
administrative agency (other than the Administration under sub-
paragraph (ii)), to the effect that there has been a pattern or 
practice of discrimination in violation of subsection (c)(1); or 
"(ii) a determination after an investigation by the Adminis-
tration (prior to a hearing under subparagraph (F) but including 
an opportunity for the State government or unit of general local 
government to make a documentary submission regarding the 
allegation of discrimination with respect to such program or 
activity, with funds made available under this title) that a State 
government or unit of general local government is not in com-
pliance with subsection (c) (1); 
PUBLIC LAW 94-503—OCT. 15, 1976 
90 STAT. 2419 
the Administration shall, within ten days after such occurrence, notify 
the chief executive of th", affected State, or the State in which the 
affected unit of general local government is located, and the chief 
executive of such unit of general local government, that such program 
or activity has been so found or determined not to be in compliance 
with subsection (c) (1), and shall request each chief executive, notified 
under this subparagraph with respect to such violation, to secure com-
pliance. For purposes of subparagraph (i) a finding by a Federal or 
State administrative agency shall be deemed rendered after notice and 
opportunity for a hearing if it is rendered pursuant to procedures con-
sistent with the provisions of subchapter II of chapter 5, title 5, United 
States Code. 
"(B) In the event the chief executive secures compliance after 
notice pursuant to subparagraph (A), the terms and conditions with 
which the aff'ected State government or unit of general local govern-
ment agrees to comply shall be set forth in writing and signed by the 
chief executive of the State, by the chief executive of such unit (in the 
event of a violation by a unit of general local government), and by the 
Administration, On or prior to the effective date of the agreement, the 
Administration shall send a copy of the agreement to each complain-
ant, if any, with respect to such violation. The chief executive of the Reports to 
State, or the chief executive of the unit (in the event of a violation by Administration, 
a unit of general local government) shall file semiannual reports with 
the Administration detailing the steps taken to comply with the agree-
ment. Within 15 days of receipt of such reports, the Administration 
shall send a copy thereof to each such complainant. 
"(C) If, at the conclusion of ninety days after notification under 
subparagraph (A) — 
"(i) compliance has not been secured by the chief executive 
of that State or the chief executive of that unit of general local 
government; and 
"(ii) an administrative law judge has not made a determina-
tion under subparagraph (F) that it is likely the State govern-
ment or unit of local government will prevail on the merits; the 
Administration shall notify the Attorney General that compliance 
has not been secured and suspend further payment of any funds 
under this title to that program or activity. Such suspension shall 
be limited to the specific program or activity cited by the Admin-
istration in the notice under subparagraph (A). Such suspension 
shall be effective for a period of not more than one hundred and 
twenty days, or, if there is a hearing under subparagraph (G), 
not more than thirty days after the conclusion of such hearing, 
unless there has been an express finding by the Administration 
after notice and opportunity for such a hearing, that the recip^ 
ient is not in compliance with subsection (c) (1). 
"(D) Payment of the suspended funds shall resume only if— 
"(i) such State government or unit of general local govern-
ment enters into a compliance agreement approved by the 
Administration and the Attorney General in accordance with 
subparagraph (B) ; 
"(ii) such State government or unit of general local govern-
ment complies fully with the final order or judgment of a Federal 
or State court, or by a Federal or State administrative agency if 
that order or judgment covers all the matters raised by the Admin-
istration in the notice pursuant to subparagraph (A), or is found 
to be in compliance with subsection (c) (1) by such court; or 
" (iii) after a hearing the Administration pursuant to subpara-
graph (F) finds that noncompliance has not been demonstrated. 
^STAT. 2420 
PUBLIC LAW 94-503—OCT. 15, 1976 
"(E) Whenever the Attorney General files a civil action alleging 
a pattern or practice of discriminatory conduct on the basis of race, 
color, religion, national origin, or sex in any program or activity of a 
State government or unit of local government which State government 
or unit of local government receives funds made available under this 
title, and the conduct allegedly violates the provisions of this section 
and neither party within forty-five days after such filing has been 
granted such preliminary relief with regard to the suspension or pay-
ment of funds as may be otherwise available by law, the Administra-
tion shall suspend further payment of any funds under this title to 
that specific program or activity alleged by the Attorney General to 
be in violation of the provisions of this subsection until such time as 
the court orders resumption of payment. 
"(F) Prior to the suspension of funds under subparagraph (C), 
but within the ninety-day period after notification under subpara-
graph (C), the State government or unit of local government may 
request an expedited preliminary hearing by an administrative law 
judge in order to determine whether it is likely that the State govern-
ment or unit of local government would, at a full hearing under 
subparagraph (G), prevail on the merits on the issue of the alleged 
noncompliance. A finding under this subparagraph by the adminis-
' 
trative law judge in favor of the State government or unit of local 
government shall defer the suspension of funds under subparagraph 
(C) pending a finding of noncompliance at the conclusion of the hear-
ing on the merits under subparagraph (G). 
"(G) (i) At any time after notification under subparagraph (A), 
but before the conclusion of the one hundred and twenty day period 
referred to in subparagraph (C), a State government or unit of general 
local government may request a hearing, which the Administration 
shall initiate within sixty days of such request. 
"(ii) Within thirty days after the conclusion of the hearing, or, in 
the absence of a hearing, at the conclusion of the one hundred and 
twenty day period referred to in subparagraph (C), the Administra-
tion shall make a finding of compliance or noncompliance. If the 
Administrator makes a finding of noncompliance, the Administration 
shall notify the Attorney General in order that the Attorney General 
may institute a civil action under subsection (c)(3), terminate the 
payment of funds under this title, and, if appropriate, seek repayment 
of such funds. 
"(iii) If the Administration makes a finding of compliance, pay-
ment of the suspended funds shall resume as provided in subparagraph 
(D). 
"(H) Any State government or unit of general local government 
aggrieved by a final determination of the Administration under sub-
paragraph (G) may appeal such determination as provided in section 
511 of this title. 
"(3) Whenever the Attorney General has reason to believe that a 
State government or unit of local government has engaged or is engag-
ing in a pattern or practice in violation of the provisions of this section, 
the Attorney General may bring a civil action in an appropriate 
United States district court. Such court may grant as relief any 
temporary restraining order, preliminary or permanent injunction, 
or other order, as necessary or appropriate to insure the full enjoyment 
of the rights described in this section, including the suspension, termi-
nation, or repayment of such funds made available under this title as 
the court may deem appropriate, or placing any further such funds 
in escrow pending the outcome of the litigation. 
PUBLIC LAW 94-503—OCT. 15, 1976 
90 STAT. 2421 
" (4) (xA) Whenever a State government or unit of local government, 
or any officer or employee thereof acting in an official capacity, has 
engaged or is engaging in any act or practice prohibited by this sub-
section, a civil action may be instituted after exhaustion of adminis-
trative remedies by the person aggrieved in an appropriate United 
States district court or in a State court of general jurisdiction. Admin-
istrative remedies shall be deemed to be exhausted upon the expiration 
of sixty days after the date of the administrative complaint was filed 
with the Administration, or any other administrative enforcement 
agency, unless within such period there has been a determination by 
the Administration or the agency on the merits of the complaint, in 
which case such remedies shall be deemed exhausted at the time the 
determination becomes final. 
"(B) In any civil action brought by a private person to enforce 
compliance with any provision of this subsection, the court may grant 
to a prevailing plaintiff reasonable attorney fees, unless the court deter-
mines that the lawsuit is frivolous, vexatious, brought for harassment 
purposes, or brought principally for the purpose of gaining attorney 
fees. 
"(C) In any action instituted under this section to enforce com-
pliance with section 518(c) (1), the Attorney General, or a specially Ante, p. 2418. 
designated assistant for or in the name of the United States, may 
intervene upon timely application if he certifies that the action is of 
general public importance. In such action the United States shall be 
entitled to the same relief as if it had instituted the action,". 
CONFORMING AMENDMENT 
SEC. 123. Title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 is amended by striking out section 512. 
42 USC 3760. 
ADMINISTRATIVE PROVISIONS 
SEC. 124. Section 515 of the Omnibus Crime Control and Safe Streets 
Act of 1968 is amended to read as follows: 
42 USC 3763. 
"SEC. 515. (a) Subject to the general authority of the Attorney 
General, and under the direction of the Administrator, the Adminis-
tration shall— 
"(1) review, analyze, and evaluate the comprehensive State 
plan submitted by the State planning agency in order to deter-
mine whether the use of financial resources and estimates of future 
requirements as requested in the plan are consistent with the 
purposes of this title to improve and strengthen law enforcement 
and criminal justice and to reduce and prevent crime; if war-
ranted, the Administration shall thereafter make recommenda-
tions to the State planning agency concerning improvements to 
be made in that comprehensive plan; 
" (2) asssure that the membership of the State planning agency 
is fairly representative of all components of the criminal justice 
system and review, prior to approval, the preparation, justifica-
tion, and execution of the comprehensive plan to determine 
whether the State planning agency is coordinating and controlling 
the disbursement of the Federal funds provided under this title 
in a fair and proper manner to all components of the State and 
local criminal justice system; to assure such fair and proper dis-
bursement, the State planning agency shall submit to the Adminis-
tration, together with its comprehensive plan, a financial analysis 
indicating the percentage of Federal funds to be allocated under 
90 STAT. 2422 
PUBLIC LAW 94-503—OCT. 15, 1976 
the plan to each component of the State and local criminal justice 
system; 
" (3) develop appropriate procedures for determining the impact 
and value of programs funded pursuant to this title and whether 
such funds should continue to be allocated for such programs; and 
"(4) assure that the programs, functions, and management of 
the State planning agency are being carried out efficiently and 
economically. 
"(b) The Administration is also authorized— 
"(1) to collect, evaluate, publish, and disseminate statistics and 
other information on the condition and progress of law enforce-
ment within and without the United States; and 
"(2) 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, institu-
tions, or international agencies in matters relating to law 
enforcement and criminal justice. 
"(c) Funds appropriated for the purposes of this section may be 
expanded by grant or contract, as the Administration may determine 
to be appropriate.". 
ANNUAL REPORTS AMENDMENT 
Report to 
SEC. 125. Section 519 of the Omnibus Crime Control and Safe Streets 
President and 
^^t of 1968, is amended to read as follows; 
congressional 
"SEC. 519. On or before December 31 of each year, the Administration 
42"nsr^S767 
shall report to the President and to the Committees on the Judiciary 
of the Senate and House of Representatives on activities pursuant to 
the provisions of this title during the preceding fiscal year. Such 
report shall include— 
"(1) an analysis of each State's comprehensive plan and the 
programs and projects funded thereunder including— 
" (A) the amounts expended for each of the components of 
the criminal justice system, 
"(B) a brief description of the procedures followed by 
the State in order to audit, monitor, and evaluate programs 
and projects, 
"(C) the descriptions and number of program and project 
areas, and the amounts expended therefore, which are inno-
vative or incorporate advanced techniques and which have 
demonstrated promise of furthering the purposes of this title, 
"(D) the descriptions and number of program and project 
areas, and amounts expended therefore, which seek to repli-
cate programs and projects which have demonstrated success 
in furthering the purposes of this title, 
"(E) the descriptions and number of program and project 
areas, and the amounts expended therefor, which have 
achieved the purposes for which they were intended and the 
specific standards and goals set for them, 
"(F) the descriptions and number of program and project 
areas, and the amounts expended therefor, which have failed 
to achieve the purposes for which they were intended or the 
specific standards and goals set for them, 
"(2) a summary of the major innovative policies and programs 
for reducing and preventing crime recommended by the Admin-
istration during the preceding fiscal year in the course of provid-
ing technical and financial aid and assistance to State and local 
governments pursuant to this title; 
PUBLIC LAW 94-503—OCT. 15, 1976 
90 STAT. 24213 
"(3) an explanation of the procedures followed by the Admin-
istration in reviewing, evaluating, and processing the comprehen-
sive State plans submitted by the State planning agencies and 
programs and projects funded thereunder; 
" (4) the number of comprehensive State plans approved by the 
Administration without recommending substantial changes; 
"(5) the number of comprehensive State plans on which the 
Administration recommended substantial changes, and the dispo-
sition of such State plans; 
"(6) the number of State comprehensive plans funded under 
this title during the preceding three fiscal years in which the 
funds allocated have not been expended in their entirety; 
" (7) the number of programs and projects with respect to which 
a discontinuation, suspension, or termination of payments occurred 
under section 509, or 518(c), together with the reasons for such 
discontinuation, suspension, or termination; 
"(8) the number of programs and projects funded under this 
title which were subsequently discontinued by the States follow-
ing the termination of funding under this title; 
" (9) a summary of the measures taken by the Administration to 
monitor criminal justice programs funded under this title in 
order to determine the impact and value of such programs; 
"(10) an explanation of how the funds made available under 
sections 306(a)(2), 402(b), and 455(a)(2) of this title were 
expended, together with the policies, priorities, and criteria upon 
which the Administration based such expenditures; and 
"(11) a description of the implementation of, and compliance 
with, the regulations, guidelines, and standards required by sec-
tion 454 of this Act.". 
42 use 3757. 
Ante, p. 2418. 
42 use 3736, 
3742, 3750d. 
42 use 3750c. 
EXTENSION OF PROGRAM; AUTHORIZATION OF APPROPRIATIONS 
SEC. 126. (a) Section 520(a) of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended by striking out the first sentence 42 USe 3768. 
and inserting in lieu thereof the following: "There are authorized to 
be appropriated for the purposes of carrying out this title not to 
exceed $220,000,000 for the period beginning on July 1, 1976, and 
ending on September 30,1976, not to exceed $880,000,000 for the fiscal 
year ending September 30,1977; $800,000,000 for the fiscal year ending 
September 30, 1978; and $800,000,000 for the fiscal year ending Sep-
tember 30, 1979. In addition to any other sums available for the pur-
poses of grants under part C of this title, there is authorized to be 
appropriated not to exceed $15,000,000 for the fiscal year ending Sep-
tember 30, 1977; and not to exceed $15,000,000 for each of the two 
succeeding fiscal years; for the purposes of grants to be administered 
by the Office of Community Anti-Crime Programs for community 
patrol activities and the encouragement of neighborhood participation 
in crime prevention and public safety efi'orts under section 301(b) (6) 42 USe 3731. 
of this title.". 
(b) Section 520(b) of such Act is amended to read as follows: 
"(b) In addition to the funds appropriated under section 261(a) 
of the Juvenile Justice and Delinquency Prevention Act of 1974, the 42 USe 5671. 
Administration shall maintain from the appropriation for the Law 
Enforcement Assistance Administration, each fiscal year, at least 19.15 
percent of the total appropriations for the Administration, for juvenile 
delinquency programs.". 
90 STAT. 2424 
PUBLIC LAW 94-503—OCT. 15, 1976 
REGULATIONS REQUIREMENT 
SEC. 127. Section 521 of the Omnibus Crime Control and Safe 
42 use 3769. 
Streets Act of 1968 is amended— 
(1) by 
inserting 
immediately 
after 
subsection 
(c) 
the 
following: 
"(d) Within one hundred and twenty days after the enactment 
of this subsection, the Administration shall promulgate regulations 
establishing— 
"(1) reasonable and specific time limits for the Administra-
tion to respond to the filing of a complaint by any person alleging 
that a State government or unit of general local government is in 
Ante, p. 2418. 
violation of the provisions of section 518 (c) of this title; including 
reasonable time limits for instituting an investigation, making an 
appropriate determination with respect to the allegations, and 
advising the complainant of the status of the complaint, and 
" (2) reasonable and specific time limits for the Administration 
to conduct independent audits and reviews of State governments 
and units of general local government receiving funds pursuant 
to this title for compliance with the provisions of section 518(c) 
of this title."; and 
(2) by redesignating subsection (d) as subsection (e). 
42 use 3769. 
Revolving fund, 
establishment. 
42 use 3731. 
42 use 3781. 
"eourt of last 
resort." 
OPERATION STING 
SEC. 128. (a) Section 521 of the Omnibus Crime Control and Safe 
Streets Act of 1968 is furtlier amended by adding at the end the 
following new subsection: 
" (e) There is hereby established a revolving fund for the purpose of 
supporting projects that will acquire stolen goods and property in an 
effort to disrupt illicit commerce in such goods and property. Notwith-
standing any other provisions of law, any income or royalties gener-
ated from such projects together with income generated from any sale 
or use of such goods or property, where such goods or property are not 
claimed by their lawful owner, shall be paid into the revolving fund. 
Where a party establishes a legal right to such goods or property, the 
Administrator of the fund may in his discretion assert a claim against 
the property or goods in the amount of Federal funds used to purchase 
such goods or property. Proceeds from such claims shall be paid into 
the revolving fund. The Administrator is authorized to make disburse-
ments by appropriate means, including grants, from the fund for the 
purpose of this section.". 
(b) Section 301(c) of such Act is amended by adding at the end of 
the section the following: "In the case of a grant for the purpose of 
supporting projects that will acquire stolen goods and property in an 
effort to disrupt commerce in such property, the Administration may 
increase the Federal share of the cost thereof to the extent it deems 
necessary.". 
DEFINITIONS AMENDMENTS 
SEC. 129. (a) Section 601 of the Omnibus Crime Control and Safe 
Streets Act of 1968 is amended by adding at the end the following: 
"(p) The term 'court of last resort' means that State court having 
the highest and final appellate authority of the State. In States having 
two or more such courts, court of last resort shall mean that State 
court, if any, having highest and final appellate authority, as well as 
both administrative responsibility for the State's judicial system and 
the institutions of the State judicial branch and rulemaking authority. 
PUBLIC LAW 94-503—OCT. 15, 1976 
90 STAT. 2425 
In other States having two or more courts with highest and final 
appellate authority, court of last resort shall mean that highest appel-
late court which also has either rulemaking authority or administrative 
responsibility for the State's judicial system and the institutions of 
the State judicial branch. Except as used in the definition of the term 
'court of last resort', the term 'court' means a tribunal or judicial 
system having criminal or juvenile jurisdiction.". 
"(q) The term 'evaluation' means the administration and conduct 
of studies and analyses to determine the impact and value of a project 
or program in accomplishing the statutory objectives of this title.". 
(b) Section 601(c) of such Act is amended by inserting "the Trust 
Territory of the Pacific Islands," after "Puerto Kico,". 
'Court. 
'Evaluation. 
42 use 3781. 
JUVENILE JUSTICE ACT AMENDMENTS 
SEC. 130. (a) Section 261 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (88 Stat. 1129) is amended by striking sub- 42 USC 5671. 
section (b) and inserting in lieu thereof the following: 
"(b) In addition to the funds appropriated under section 261(a) 
of the Juvenile Justice and Delinquency Prevention Act of 1974, the 
Administration shall maintain from the appropriation for the Law 
Enforcement Assistance Administration, each fiscal year, at least 19.15 
percent of the total appropriations for the Administration, for juvenile 
delinquency programs.". 
(b) Section 223(a) of the Juvenile Justice and Delinquency Pre-
vention Act of 1974 is amended by striking out "and (15)" and insert- 42 USC 5633. 
ing in lieu thereof "(15), and (17)". 
(c) Section 225 of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 is amended as follows: 
42 USC 5635. 
(1) After section 225(c) (6) add a new paragraph as follows: 
"(^7) the adverse impact that may result from the restriction of 
eligibility, based upon population, for cities with a population 
greater than forty thousand, located within States which have 
not city with a population over two hundred and fifty thousand.". 
(2) Add at the end a new subsection (d) as follows: 
"(d) No city should be denied an application solely on the basis of 
its population.". 
TITLE II—PROVISIONS RELATING TO OTHER MATTERS 
DRUG E N F O R C E M E N T ADMINISTRATION 
SEC. 201. (a) Effective beginning one year after date of the enact- Effective date, 
ment of this Act, the following positions in the Drug Enforcement 28 USC 509 note. 
Administration (and individuals holding such positions) are hereby 
excepted from the competitive service: 
(1) positions at GS-16, 17, and 18 of the General Schedule 
under section 5332(a) of title 5, United States Code, and 
(2) positions at GS-15 of the General Schedule which are 
designated as— 
(A) regional directors, 
^B) office heads, or 
(C) executive assistants (or equivalent positions) under the 
immediate supervision of the Administrator (or the Deputy 
Administrator) of the Drug Enforcement Administration. 
90 STAT. 2426 
PUBLIC LAW 94-503—OCT. 15, 1976 
Effective date. 
(b) Effective during the one year period beginning on the date of 
the enactment of this Act, vacancies in positions in the Drug Enforce-
ment Administration (other than positions described in subsection 
(a)) at a grade not lower than GS-14 shall be filled— 
(1) first, from applicants who have continuously held positions 
described in subsection (a) since the date of the enactment of this 
Act and who have applied for, and are qualified to fill, such 
vacancies, and 
(2) then, from other applicants in the order which would have 
occurred in the absence of this subsection. 
Any individual placed in a position under paragraph (1) shall be 
paid in accordance with subsection (d). 
Effective date. 
(c) (1) Effective beginning one year after the date of the enactment 
of this Act, an individual in a position described in subsection (a) 
may be removed, suspended for more than 30 days, furloughed without 
pay, or reduced in rank or pay by the Administrator of the Drug 
Enforcement Administration if— 
(A) such individual has been employed in the Drug Enforce-
ment Administration for less than the one-year period immediately 
preceding the date of such action, and 
(B) the Administrator determines, in his discretion, that such 
action would promote the efficiency of the service. 
Effective date. 
(2) Effective beginning one year after the date of the enactment of 
this Act, an individual in a position described in subsection (a) may 
be reduced in rank or pay by the Administrator within the Drug 
Enforcement Administration if— 
(A) such individual has been continuously employed in such 
position since the date of the enactment of this Act, and 
(B) the Administrator determines, in his discretion, that such 
action would promote the efficiency of the service. 
Any individual reduced in rank or pay under this paragraph shall 
be paid in accordance with subsection (d). 
(3) The provisions of sections 7512 and 7701 of title 5, United States 
Code, and otherwise applicable Executive orders, shall not apply with 
respect to actions taken by the Administrator under paragraph (1) 
or any reduction in rank or pay (under paragraph (2) or otherwise) 
of any individual in a position described in subsection (a). 
(d) Any individual whose pay is to be determined in accordance 
with this subsection shall be paid basic pay at the rate of basic pay 
he was receiving immediately before he was placed in a position under 
subsection (b) (1) or reduced in rank or pay under subsection (c) (2), 
as the case may be, until such time as the rate of basic pay he would 
receive in the absence of this subsection exceeds such rate of basic pay. 
The provisions of section 5337 of title 5, United States Code, shall not 
apply in any case in which this subsection applies. 
JUSTICE DEPARTMENT PERSONNEL 
SEC. 202. (a) Subsection (c) of section 5108 of title 5, United States 
Code, is amended by striking out paragraph (8) and inserting in lieu 
thereof the following new paragraph: 
"(8) the Attorney General, without regard to any other pro-
vision of this section, may place a total of 32 positions in GS-16, 
17, and 18:". 
(b) Section 5315 of title 5, United States Code, is amended by 
adding at the end thereof the following new paragraphs: 
"(109) Commissioner of Immigration and Naturalization, 
Department of Justice. 
PUBLIC LAW 94-503—OCT. 15, 1976 
90 STAT. 2427 
"(110) United States attorney for the Northern District of 
Illinois. 
"(Ill) United States atttorney for the Central District of 
California. 
"(112) Director, Bureau of Prisons, Department of Justice. 
"(lis) Deputy Administrator for Administration of the Law 
Enforcement Assistance Administration.", 
(c) Section 5316 of title 5, United States Code, is amended by— 
(1) striking out paragraph (44); 
(2) striking out paragraph (115); 
(3) striking out paragraph (116) ; 
(4^ striking out paragraph (58); and 
(5) striking out paragraph (134). 
TERM OF FBI DIRECTOR 
SEC. 203. Section 1101 of the Omnibus Crime Control and Safe 
Streets Act of 1968 is amended by inserting "(a)" immediately after 28USC532note. 
"SEC. 1101." and by adding at the end thereof the following new 
subsection: 
" (b) Effective with respect to any individual appointment by the Effective date. 
President, by and with the advice and consent of the Senate, after 
June 1,1973, the term of service of the Director of the Federal Bureau 
of Investigation shall be ten years. A Director may not serve more 
than one ten-year term. The provisions of subsections (a) through (c) 
of section 8335 of title 5, United States Code, shall apply to any 
individual appointed under this section.". 
AUTHORIZING JURISDICTION 
SEC. 204. No sums shall be deemed to be authorized to be appropri-
ated for any fiscal year beginning on or after October 1,1978, for the 
Department of Justice (including any bureau, agency, or other similar 
subdivision thereof) except as specifically authorized by Act of Con-
gress with respect to such fiscal year. Neither the creation of a sub-
division in the Department of Justice, nor the authorization of an 
activity of the Department, any subdivision, or officer thereof, shall be 
deemed in itself to be an authorization of appropriations for the 
Department of Justice, such subdivision, or activity, with respect to 
any fiscal year beginning on or after October 1, 1978. 
Approved October 15, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-1155 accompanying H.R. 13636 (Comm. on the Judiciary) 
and No. 94-1723 (Comm. of Conference). 
SENATE REPORT No. 94-847 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
July 22, 23, 26, considered and passed Senate. 
Sept. 2, considered and passed House, amended, in lieu of H.R. 13636. 
Sept. 30, House and Senate agreed to conference report.