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is about to expire, or who has been committed to the custody of the Attorney General pursuant to section 4241(d), or against whom all criminal charges have been dismissed solely for reasons related to the mental condition of the person, is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another, and that suitable arrangements for State custody and care of the person are not available, he shall transmit the certificate to the clerk of the court for the district in which the person is confined. The clerk shall send a copy of the certificate to the person, and to the attorney for the Government, and, if the person was committed pursuant to section 4241(d), to the clerk of the court that ordered the commitment. The court shall order a hearing to determine whether the person is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another. A certificate filed under this subsection shall stay the release of the person pending completion of procedures contained in this section. "(b) PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION AND REPORT.—

Prior to the date of the hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of section 4247(b) and (c). "(c) HEARING.—The hearing shall be conducted pursuant to the provisions of section 4247(d). "(d) DETERMINATION AND DISPOSITION.—If, after the hearing, the court finds by clear and convincing evidence that the person is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another, the court shall commit the person to the custody of the Attorney General. The Attorney General shall release the person to the appropriate official of the State in which the person is domiciled or was tried if such State will assume responsibility for his custody, care, and treatment. The Attorney General shall make all reasonable efforts to cause such a State to assume such responsibility. If, notwithstanding such efforts, neither such State will assume such responsibility, the Attorney General shall hospitalize the person for treatment in a suitable facility, until— "(1) such a State will assume such responsibility; or "(2) the person's mental condition is such that his release, or his conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment would not create a substantial risk of bodily injury to another person or serious damage to property of another; whichever is earlier. The Attorney General shall continue periodically to exert all reasonable efforts to cause such a State to assume such responsibility for the person's custody, care, and treatment. "(e) DISCHARGE.—When the director of the facility in which a person is hospitalized pursuant to subsection (d) determines that the person has recovered from his mental disease or defect to such an extent that his release would no longer create a substantial risk of bodily injury to another person or serious damage to property of another, he shall promptly file a certificate to that effect with the clerk of the court that ordered the commitment. The clerk shall send a copy of the certificate to the person's counsel and to the

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attorney for the Government. The court shall order the discharge of the person or, on the motion of the attorney for the Government or on its own motion, shall hold a hearing, conducted pursuant to the provisions of section 4247(d), to determine whether he should be released. If, after the hearing, the court finds by a preponderance of the evidence that the person has recovered from his mental disease or defect to such an extent that— ^•y, "(1) his release would no longer create a substantial risk of bodily injury to another person or serious damage to property of another, the court shall order that he be immediately discharged; or "(2) his conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment would no longer create a substantial risk of bodily injury to another person or serious damage to property of another, the court shall— "(A) order that he be conditionally discharged under a prescribed regimen of medical, psychiatric, or psychological care or treatment that has been prepared for him, that has been certified to the court as appropriate by the director of the facility in which he is committed, and that has been found by the court to be appropriate; and "(B) order, as an explicit condition of release, that he comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment. The court at any time may, after a hearing employing the same criteria, modify or eliminate the regimen of medical, psychiatric, or psychological care or treatment. "(f) REVOCATION OF CONDITIONAL DISCHARGE.—The director of a

medical facility responsible for administering a regimen imposed on a person conditionally discharged under subsection (e) shall notify the Attorney General and the court having jurisdiction over the person of any failure of the person to comply with the regimen. Upon such notice, or upon other probable cause to believe that the person has failed to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, the person may be arrested, and, upon arrest, shall be taken without unnecessary delay before the court having jurisdiction over him. The court shall, after a hearing, determine whether the person should be remanded to a suitable facility on the ground that, in light of his failure to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, his continued release would create a substantial risk of bodily injury to another person or serious damage to property of another. "(g) RELEASE TO STATE OF CERTAIN OTHER PERSONS.—If the director of a facility in which a person is hospitalized pursuant to this subchapter certifies to the Attorney General that a person, against whom all charges have been dismissed for reasons not related to the mental condition of the person, is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another, the Attorney General shall release the person to the appropriate official of the State in which the person is domiciled or was tried for the purpose of institution of State proceedings for civil commitment. If neither such State will assume such responsibility, the Attorney General shall release the person upon receipt of notice from the State that it will not assume such

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responsibility, but not later than ten days after certification by the director of the facility. "§ 4247. General provisions for chapter "(a) DEFINITIONS.—As used in this chapter— "(1) 'rehabilitation program' includes— "(A) basic educational training that will assist the individual in understanding the society to which he will return and that will assist him in understanding the magnitude of his offense and its impact on society; "(B) vocational training that will assist the individual in contributing to, and in participating in, the society to which he will return; "(C) drug, alcohol, and other treatment programs that will assist the individual in overcoming his psychological or physical dependence; and "(D) organized physical sports and recreation programs; and "(2) 'suitable facility' means a facility that is suitable to provide care or treatment given the nature of the offense and the characteristics of the defendant. "(b) PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION.—A psychiatric or psychological examination ordered pursuant to this chapter shall be conducted by a licensed or certified psychiatrist or clinical psychologist, or, if the court finds it appropriate, by more than one such examiner. Each examiner shall be designated by the court, except that if the examination is ordered under section 4245 or 4246, upon the request of the defendant an additional examiner may be selected by the defendant. For the purposes of an examination pursuant to an order under section 4241, 4244, or 4245, the court may commit the person to be examined for a reasonable period, but not to exceed thirty days, and under section 4242, 4243, or 4246, for a reasonable period, but not to exceed forty-five days, to the custody of the Attorney General for placement in a suitable facility. Unless impracticable, the psychiatric or psychological examination shall be conducted in the suitable facility closest to the court. The director of the facility may apply for a reasonable extension, but not to exceed fifteen days under section 4241, 4244, or 4245, and not to exceed thirty days under section 4242, 4243, or 4246, upon a showing of good cause that the additional time is necessary to observe and evaluate the defendant. "(c) PSYCHIATRIC OR PSYCHOLOGICAL REPORTS.—A psychiatric or psychological report ordered pursuant to this chapter shall be prepared by the examiner designated to conduct the psychiatric or psychological examination, shall be filed with the court with copies provided to the counsel for the person examined and to the attorney for the Government, and shall include— "(1) the person's history and present symptoms; "(2) a description of the psychiatric, psychological, and medical tests that were employed and their results; "(3) the examiner's findings; and "(4) the examiner's opinions as to diagnosis, prognosis, and— "(A) if the examination is ordered under section 4241, whether the person is suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and conse-

18 USC 4247.

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quences of the proceedings against him or to assist properly in his defense; "(B) if the examination is ordered under section 4242, whether the person was insane at the time of the offense charged; "(C) if the examination is ordered under section 4243 or 4246, whether the person is suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another; "(D) if the examination is ordered under section 4244 or 4245, whether the person is suffering from a mental disease or defect as a result of which he is in need of custody for care or treatment in a suitable facility; or "(E) if the examination is ordered as a part of a presentence investigation, any recommendation the examiner may have as to how the mental condition of the defendant should affect the sentence. "(d) HEARING.—At a hearing ordered pursuant to this chapter the person whose mental condition is the subject of the hearing shall be represented by counsel and, if he is financially unable to obtain adequate representation, counsel shall be appointed for him pursuant to section 3006A. The person shall be afforded an opportunity to testify, to present evidence, to subpoena witnesses on his behalf, and to confront and cross-examine witnesses who appear at the hearing. "(e) PERIODIC REPORT AND INFORMATION REQUIREMENTS.—(1) The

director of the facility in which a person is hospitalized pursuant to— "(A) section 4241 shall prepare semiannual reports; or "(B) section 4243, 4244, 4245, or 4246 shall prepare annual reports concerning the mental condition of the person and containing recommendations concerning the need for his continued hospitalization. The reports shall be submitted to the court that ordered the person's commitment to the facility and copies of the reports shall be submitted to such other persons as the court may direct. "(2) The director of the facility in which a person is hospitalized pursuant to section 4241, 4243, 4244, 4245, or 4246 shall inform such person of any rehabilitation programs that are available for persons hospitalized in that facility. "(f) VIDEOTAPE RECORD.Upon written request of defense counsel, the court may order a videotape record made of the defendant's testimony or interview upon which the periodic report is based pursuant to subsection (e). Such videotape record shall be submitted to the court along with the periodic report. "(g) HABEAS CORPUS UNIMPAIRED.—Nothing contained in section

4243 or 4246 precludes a person who is committed under either of such sections from establishing by writ of habeas corpus the illegality of his detention. "(h) DISCHARGE.—Regardless of whether the director of the facility in which a person is hospitalized has filed a certificate pursuant to the provisions of subsection (e) of section 4241, 4243, 4244, 4245, or 4246, counsel for the person or his legal guardian may, at any time during such person's hospitalization, file with the court that ordered the commitment a motion for a hearing to determine whether the person should be discharged from such facility, but no such motion may be filed within one hundred and eighty days of a court determi-

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nation that the person should continue to be hospitalized. A copy of the motion shall be sent to the director of the facility in which the person is hospitalized and to the attorney for the Government, "(i) AUTHORITY AND RESPONSIBILITY OF THE ATTORNEY GENERAL.—

The Attorney General— "(A) may contract with a State, a political subdivision, a locality, or a private agency for the confinement, hospitalization, care, or treatment of, or the provision of services to, a person committed to his custody pursuant to this chapter; "(B) may apply for the civil commitment, pursuant to State law, of a person committed to his custody pursuant to section 4243 or 4246; "(C) shall, before placing a person in a facility pursuant to the provisions of section 4241, 4243, 4244, 4245, or 4246, consider the suitability of the facility's rehabilitation programs in meeting the needs of the person; and "(D) shall consult with the Secretary of the Department of Health and Human Services in the general implementation of the provisions of this chapter and in the establishment of standards for facilities used in the implementation of this chapter. "(j) This chapter does not apply to a prosecution under an Act of Congress applicable exclusively to the District of Columbia or the Uniform Code of Military Justice.". (b) The item relating to chapter 313 in the chapter analysis of part III of title 18, United States Code, is amended to read as follows: "313. Offenders with mental disease or defect.".

SEC. 404. Rule 12.2 of the Federal Rules of Criminal Procedure is amended— (a) by deleting "crime" in subdivision (a) and inserting in lieu thereof "offense"; (b) by deleting "other condition bearing upon the issue of whether he had the mental state required for the offense charged" in subdivision (b) and inserting in lieu thereof "any other mental condition bearing upon the issue of guilt"; (c) by deleting "to a psychiatric examination by a psychiatrist designated for this purpose in the order of the court" in subdivision (c) and inserting in lieu thereof "to an examination pursuant to 18 U.S.C. 4242"; and (d) by deleting "mental state" in subdivision (d) and inserting in lieu thereof "guilt". SEC. 405. Section 3006A of title 18, United States Code, is amended— (a) in subsection (a), by deleting "or, (4)" and substituting "(4) whose mental condition is the subject of a hearing pursuant to chapter 313 of this title, or (5)"; and (b) in subsection (g), by deleting "or section 4245 of title 18". SEC. 406. Rule 704 of the Federal Rules of Evidence is amended to read as follows: "Rule 704. Opinion on ultimate issue "(a) Except as provided in subdivision (b), testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.

18 USC app.

28 USC app.

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PUBLIC LAW 98-473—OCT. 12, 1984

"(b) No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged or of a defense thereto. Such ultimate issues are matters for the trier of fact alone.". Controlled Substances Penalties Amendments Act of 1984. 21 USC 801 note.

21 USC 951.

CHAPTER V—DRUG ENFORCEMENT AMENDMENTS PART A—CONTROLLED SUBSTANCES PENALTIES

SEC. 501. This chapter may be cited as the "Controlled Substances Penalties Amendments Act of 1984". SEC. 502. Subsection (b) of section 401 of the Controlled Substances Act (21 U.S.C. 841(b)) is amended— (1) in paragraph (1), by— (A) redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively, and inserting after "(1)" a new subparagraph to read as follows: "(A) In the case of a violation of subsection (a) of this section involving— "(i) 100 grams or more of a controlled substance in schedule I or II which is a mixture or substance containing a detectable amount of a narcotic drug other than a narcotic drug consisting of— "(I) coca leaves; "(II) a compound, manufacture, salt, derivative, or preparation of coca leaves; or "(III) a substance chemically identical thereto; "(ii) a kilogram or more of any other controlled substance in schedule I or II which is a narcotic drug; "(iii) 500 grams or more of phencyclidine (PCP); or "(iv) 5 grams or more of lysergic acid diethylamide (LSD); such person shall be sentenced to a term of imprisonment of not more than 20 years, a fine of not more than $250,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this title or title III or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 40 years, a fine of not more than $500,000, or both"; (B) in subparagraph (B), as redesignated above, by— (i) striking out "which is a narcotic drug" in the first sentence and inserting in lieu thereof "except as provided in subparagraphs (A) and (C)," (ii) striking out "$25,000" and "$50,000" and inserting in lieu thereof "$125,000" and "$250,000", respectively; and (iii) striking out "of the United States" in the second sentence and inserting in lieu thereof "of a State, the United States, or a foreign country"; and ' (C) in subparagraph (C), as redesignated above, by— (i) striking out "a controlled substance in schedule I or II which is not a narcotic drug" and ", (5), and (6)" and inserting in lieu thereof "less than 50 kilograms of

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marihuana, 10 kilograms of hashish, or one kilogram of hashish oil" and "and (5)", respectively; (ii) striking out "$15,000" and "$30,000" and inserting in lieu thereof "$50,000" and "$100,000", respectively; and (iii) striking out "of the United States" in the second sentence and inserting in lieu thereof "of a State, the United States, or a foreign country"; (2) in paragraph (2), by— (A) striking out "$10,000" and "$20,000" and inserting in lieu thereof "$25,000" and "$50,000", respectively; and (B) striking out "of the United States" and inserting in lieu thereof "of a State, the United States, or a foreign country"; (3) in paragraph (3), by— (A) striking out "$5,000" and "$10,000" and inserting in lieu thereof "$10,000" and "$20,000", respectively; and (B) striking out "of the United States" and inserting in lieu thereof "of a State, the United States, or a foreign country"; (4) in paragraph (4), by striking out "(1)(B)" and inserting in lieu thereof "(1)(C)"; (5) by striking out paragraphs (5) and (6); (6) by adding at the end thereof the following: "(5) Notwithstanding paragraph (1), any person who violates subsection (a) by cultivating a controlled substance on Federal property shall be fined not more than— "(A) $500,000 if such person is an individual; and "(B) $1,000,000 if such person is not an individual.". SEC. 503. (a) Part D of the Controlled Substances Act is amended by adding after section 405 of the following new section: "DISTRIBUTION IN OR NEAR SCHOOLS

"SEC. 405A. (a) Any person who violates section 401(a)(1) by distributing a controlled substance in or on, or within one thousand feet of, the real property comprising a public or private elementary or secondary school is (except as provided in subsection (b)) punishable (1) by a term of imprisonment, or fine, or both up to twice that authorized by section 841(b) of this title; and (2) at least twice any special parole term authorized by section 401(b) for a first offense involving the same controlled substance and schedule. "(b) Any person who violates section 401(a)(1) by distributing a controlled substance in or on, or within one thousand feet of, the real property comprising a public or private elementary or secondary school after a prior conviction or convictions under subsection (a) have become final is punishable (1) by a term of imprisonment of not less than three years and not more than life imprisonment and (2) at least three times any special term authorized by section 401(b) for a second or subsequent offense involving the same controlled substance and schedule. "(c) In the case of any sentence imposed under subsection (b), imposition or execution of such sentence shall not be suspended and probation shall not be granted. An individual convicted under subsection (b) shall not be eligible for parole under section 4202 of title 18 of the United States Code until the individual has served the minimum sentence required by such subsection.".

Penalties, 21 USC 845a. ^^ ^^^ ^'*Ante, p. 2068.

Ante, p. 2027.

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(b)(1) Section 401(b) of such Act (21 U.S.C. 841(b)) is amended by inserting "or 405A" after "405". (2) Section 401(c) of such Act is amended by inserting "405A" after "405" each place it occurs. (3) Section 405 of such Act (21 U.S.C. 845) is amended by striking out "Any" in subsections (a) and (b) and inserting in Heu thereof "Except as provided in section 405A, any". SEC. 504. Subsection (b) of section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended— (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively, and inserting after "(b)" a new paragraph to read as follows: "(1) In the case of a violation under subsection (a) of this section involving— "(A) 100 grams or more of a mixture or substance containing a detectable amount of a narcotic drug in schedule I or II other than a narcotic drug consisting of^ "(i) coca leaves; "(ii) a compound, manufacture, salt, derivative, or preparation of coca leaves; or "(iii) a substance chemically identical thereto; "(B) a kilogram or more of any other narcotic drug in schedule I or II; "(C) 500 grams or more of phencyclidine (PCP); "(D) 5 grams or more of lysergic acid diethylamide (LSD); the person committing such violation shall be imprisoned for not more than twenty years, or fined not more than $250,000, or both."; (2) in paragraph (2), as redesignated above, by— (A) striking out "narcotic drug in schedule I or II, the person committing such violation shall" and inserting in lieu thereof "controlled substance in schedule I or II, the perfion committing such violation shall, except as provided in paragraphs (1) and (3),"; and (B) striking out "$25,000" and inserting in lieu thereof "$125,000"; (3) in paragraph (3), as redesignated above, by— (A) striking out "a controlled substance other than a narcotic drug in schedule I or II, the person committing such violation shall" and inserting in lieu thereof "less than 50 kilograms of marihuana, less than 10 kilograms of hashish, less than one kilogram of hashish oil, or any quantity of a controlled substance in schedule III, IV, or V, the person committing such violation shall, except as provided in paragraph (4)"; and (B) striking out "$15,000" and substituting "$50,000". SEC. 505. Section 1012 of the Controlled Substances Import and Export Act (21 U.S.C. 962) is amended by striking out "the United States" in subsection (b) and inserting in lieu thereof "a State, the United States, or a foreign country". Dangerous Drug Diversion

Control Act of 18 USC 801 note

P A R T B—DIVERSION CONTROL AMENDMENTS

SEC. 506. (a) This part may be cited as the "Dangerous Drug Diversion Control Act of 1984". (b) Whenever in sections 507 through 519 an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a

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section or other provision of the Controlled Substances Act, and whenever in sections 520 through 525 an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Controlled Substances Import and

21 USC 801 note.

Export Act.

21 USC 951 note.

SEC. 507. (a) Section 102 (21 U.S.C. 802) is amended by redesignating paragraphs (14) through (29) as paragraphs (15) through (30), respectively, and by adding after paragraph (13) the following: "(14) The term 'isomer' means the optical isomer, except as used in schedule 1(c) and schedule II(a)(4). As used in schedule 1(c), the term 'isomer' means the optical, positional, or geometric isomer. As used in schedule II(a)(4), the term 'isomer' means the optical or geometric isomer.". (b) Paragraph (17) (as so redesignated) of section 102 is amended to read as follows: "(17) The term 'narcotic drug' means any of the following whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: "(A) Opium, opiates, derivatives of opium and opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. Such term does not include the isoquinoline alkaloids of opium. "(B) Poppy straw and concentrate of poppy straw. "(C) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed. "(D) Cocaine, its salts, optical and geometric isomers, and salts of isomers. "(E) Ecgonine, its derivatives, their salts, isomers, and salts of isomers. "(F) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subparagraphs (A) through (E).". (c) Paragraph (a)(4) of schedule II is amended by inserting after "coca leaves" the first time it appears the following: "(including cocaine and ecgonine and their salts, isomers, derivatives, and salts of isomers and derivatives)". SEC. 508. Section 201 (21 U.S.C. 811) is amended by adding a new subsection (h) as follows: "(h)(1) If the Attorney General finds that the scheduling of a substance in schedule I on a temporary basis is necessary to avoid an imminent hazard to the public safety, he may, by order and without regard to the requirements of subsection (b) relating to the Secretary of Health and Human Services, schedule such substance in schedule I if the substance is not listed in any other schedule in section 202 or if no exemption or approval is in effect for the substance under section 505 of the Federal Food, Drug, and Cosmetic Act. Such an order may not be issued before the expiration of thirty days from—

"(A) the date of the publication by the Attorney General of a notice in the Federal Register of the intention to issue such order and the grounds upon which such order is to be issued, and

21 USC 812.

21 USC 821. 21 USC 355. Federal

publication

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"(B) the date the Attorney General has transmitted the notice required by paragraph (4). "(2) The scheduling of a substance under this subsection shall expire at the end of one year from the date of the issuance of the order scheduling such substance, except that the Attorney General may, during the pendency of proceedings under subsection (a)(1) with respect to the substance, extend the temporary scheduling for up to six months. "(3) When issuing an order under paragraph (1), the Attorney General shall be required to consider, with respect to the finding of an imminent hazard to the public safety, only those factors set forth in paragraphs (4), (5), and (6) of subsection (c), including actual abuse, diversion from legitimate channels, and clandestine importation, manufacture, or distribution. "(4) The Attorney General shall transmit notice of an order proposed to be issued under paragraph (1) to the Secretary of Health and Human Services. In issuing an order under paragraph (1), the Attorney General shall take into consideration any comments submitted by the Secretary in response to a notice transmitted pursuant to this paragraph. "(5) An order issued under paragraph (1) with respect to a substance shall be vacated upon the conclusion of a subsequent rulemaking proceeding initiated under subsection (a) with respect to such substance. "(6) An order issued under paragraph (1) is not subject to judicial review.". SEC. 509. (a) Section 201(g) (21 U.S.C. 811(g)) is amended by adding at the end the following: "(3) The Attorney General may, by regulation, exempt any compound, mixture, or preparation containing a controlled substance from the application of all or any part of this title if he finds such compound, mixture, or preparation meets the requirements of one of the following categories: "(A) A mixture, or preparation containing a nonnarcotic controlled substance, which mixture or preparation is approved for prescription use, and which contains one or more other active ingredients which are not listed in any schedule and which are included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse. "(B) A compound, mixture, or preparation which contains any controlled substance, which is not for administration to a human being or animal, and which is packaged in such form or concentration, or with adulterants or denaturants, so that as packaged it does not present any significant potential for 3.bllSG

(b) Section 202(d) (21 U.S.C. 812(d)) is repealed. SEC. 510. Section 302(a) (21 U.S.C. 822(a)) is amended to read as follows: "(a)(1) Every person who manufactures or distributes any controlled substance, or who proposes to engage in the manufacture or distribution of any controlled substance, shall obtain annually a registration issued by the Attorney General in accordance with the rules and regulations promulgated by him. "(2) Every person who dispenses, or who proposes to dispense, any controlled substance, shall obtain from the Attorney General a registration issued in accordance with the rules and regulations promulgated by him. The Attorney General shall, by regulation.

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98 STAT. 2073

determine the period of such registrations. In no event, however, shall such registrations be issued for less than one year nor for more than three years.". SEC. 511. Section 303(f) (21 U.S.C. 823(f)) is amended to read as follows: "(f) The Attorney General shall register practitioners (including pharmacies, as distinguished from pharmacists) to dispense, or conduct research with, controlled substances in schedule II, III, IV, or V, if the applicant is authorized to dispense, or conduct research with respect to, controlled substances under the laws of the State in which he practices. The Attorney General may deny an application for such registration if he determines that the issuance of such registration would be inconsistent with the public interest. In determining the public interest, the following factors shall be considered: "(1) The recommendation of the appropriate State licensing board or professional disciplinary authority. "(2) The applicant's experience in dispensing, or conducting research with respect to controlled substances. "(3) The applicant's conviction record under Federal or State laws relating to the manufacture, distribution, or dispensing of controlled substances. "(4) Compliance with applicable State, Federal, or local laws relating to controlled substances. "(5) Such other conduct which may threaten the public health and safety. Separate registration under this part for practitioners engaging in research with controlled substances in schedule 11, III, IV, or V, who are already registered under this part in another capacity, shall not be required. Registration applications by practitioners wishing to Research and conduct research with controlled substances in schedule I shall be development, referred to the Secretary, who shall determine the qualifications and competency of each practitioner requesting registration, as well as the merits of the research protocol. The Secretary, in determining the merits of each research protocol, shall consult with the Attorney General as to effective procedures to adequately safeguard against diversion of such controlled substances from legitimate medical or scientific use. Registration for the purpose of bona fide research with controlled substances in schedule I by a practitioner deemed qualified by the Secretary may be denied by the Attorney General only on a ground specified in section 304(a). Article 7 of the Conven- Infra. tion on Psychotropic Substances shall not be construed to prohibit, 32 UST 543. or impose additional restrictions upon, research involving drugs or other substances scheduled under the convention which is conducted in conformity with this subsection and other applicable provisions of this title.". SEC. 512. Section 304(a) (21 U.S.C. 824(a)) is amended— (1) by inserting before the period in paragraph (3) the following: "or has had the suspension, revocation, or denial of his registration recommended by competent State authority"; and (2) by striking out "or" at the end of paragraph (2), by striking out the period at the end of paragraph (3) and inserting in lieu thereof "; or", and by adding after paragraph (3) the following: "(4) has committed such acts as would render his registration under section 303 inconsistent with the public interest as deter- 21 USC 828. mined under such section.". SEC. 513. Section 304 (21 U.S.C. 824) is amended by adding at the end the following:

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PUBLIC LAW 98-473—OCT. 12, 1984

"(g) The Attorney General may, in his discretion, seize or place under seal any controlled substances owned or possessed by a registrant whose registration has expired or who has ceased to practice or do business in the manner contemplated by his registration. Such controlled substances shall be held for the benefit of the registrant, or his successor in interest. The Attorney General shall notify a registrant, or his successor in interest, who has any controlled substance seized or placed under seal of the procedures to be followed to secure the return of the controlled substance and the conditions under which it will be returned. The Attorney General may not dispose of any controlled substance seized or placed under seal under this subsection until the expiration of one hundred and eighty days from the date such substance was seized or placed under seal.". SEC. 514. (a) Section 307(c)(l)(A) (21 U.S.C. 827(CX1)(A)) is amended to read as follows: "(A) to the prescribing of controlled substances in schedule II, III, IV, or V by practitioners acting in the lawful course of their professional practice unless such substance is prescribed in the course of maintenance or detoxification treatment of an individual; or", (b) Section 307(c)(l)(B) (21 U.S.C. 827(c)(l)(B)) is amended to read as follows: "(B) to the administering of a controlled substance in schedule II, III, IV, or V unless the practitioner regularly engages in the dispensing or administering of controlled substances and charges his patients, either separately or together with charges for other professional services, for substances so dispensed or administered or unless such substance is administered in the course of maintenance treatment or detoxification treatment of an individual;". SEC. 515. Section 307 (21 U.S.C. 827) is further amended by adding at the end a new subsection (g) as follows: "(g) Every registrant under this title shall be required to report any change of professional or business address in such manner as the Attorney General shall by regulation require.". SEC. 516. Section 403(a)(2) (21 U.S.C. 843(a)(2)) is amended to read as follows: "(2) to use in the course of the manufacture, distribution, or dispensing of a controlled substance, or to use for the purpose of acquiring or obtaining a controlled substance, a registration number which is fictitious, revoked, suspended, expired, or issued to another person.". SEC. 517. (a) Section 503(a) (21 U.S.C. 873(a)) is amended by striking out "and" at the end of paragraph (4), by striking out the period at the end of paragraph (5) and inserting in lieu thereof "; and" and by adding at the end the following: "(6) assist State and local governments in suppressing the diversion of controlled substances from legitimate medical, scientific, and commercial channels by— "(A) making periodic assessments of the capabilities of State and local governments to adequately control the diversion of controlled substances; "(B) providing advice and counsel to State and local governments on the methods by which such governments may strengthen their controls against diversion; and

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"(C) establishing cooperative investigative efforts to control diversion." (b) Section 503 is amended by adding at the end the following: "(d)(1) The Attorney General may make grants, in accordance with paragraph (2), to State and local governments to assist in meeting the costs of— "(A) collecting and analyzing data on the diversion of controlled substances, "(B) conducting investigations and prosecutions of such diversions, "(C) improving regulatory controls and other authorities to control such diversions, "(D) programs to prevent such diversions, "(E) preventing and detecting forged prescriptions, and "(F) training law enforcement and regulatory personnel to improve the control of such diversions. "(2) No grant may be made under paragraph (1) unless an application therefor is submitted to the Attorney General in such form and manner as the Attorney General may prescribe. No grant may exceed 80 per centum of the costs for which the grant is made, and no grant may be made unless the recipient of the grant provides assurances satisfactory to the Attorney General that it will obligate funds to meet the remaining 20 per centum of such costs. The Attorney General shall review the activities carried out with grants under paragraph (1) and shall report annually to Congress on such activities. "(3) To carry out this subsection there is authorized to be appropriated $6,000,000 for fiscal year 1985 and $6,000,000 for fiscal year 1986.". SEC. 518. Section 511(a) (21 U.S.C. 881(a)) is amended by inserting the following new paragraph: "(8) All controlled substances which have been possessed in violation of this title.". SEC. 519. Section 1002(a)(1) (21 U.S.C. 952(a)(1)) is amended to read as follows: "(1) such amounts of crude opium, poppy straw, concentrate of poppy straw, and coca leaves as the Attorney General finds to be necessary to provide for medical, scientific, or other legitimate purposes, and". SEC. 520. Section 1002(a)(2) (21 U.S.C. 952(a)(2)) is amended by striking out "or" at the end of subparagraph (A), by adding "or" at the end of subparagraph (B), and by adding the following after subparagraph (B): "(C) in any case in which the Attorney General finds that such controlled substance is in limited quantities exclusively for scientific, analytical, or research uses,". SEC. 521. Section 1002(b)(2) (21 U.S.C 952(b)(2)) is amended to read as follows: "(2) is imported pursuant to such notification, or declaration, or in the case of any nonnarcotic controlled substance in schedule III, such import permit, notification, or declaration, as the Attorney General may by regulation prescribe, except that if a nonnarcotic controlled substance in schedule IV or V is also listed in schedule I or II of the Convention on Psychotropic Substances it shall be imported pursuant to such import permit requirements, prescribed by regulation of the Attorney General, as are required by the Convention.".

21 USC 873. Grants,

Report.

Appropriation authorization. Ante, p. 2050.

32 UST 543.

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 98 STAT. 2076

32 UST 543.

PUBLIC LAW 98-473—OCT. 12, 1984

SEC. 522. Section 1003(e) (21 U.S.C. 953(e)) is amended to read as follows: "(e) It shall be unlawful to export from the United States to any other country any nonnarcotic controlled substance in schedule III or IV or any controlled substances in schedule V unless— "(1) there is furnished (before export) to the Attorney General documentary proof that importation is not contrary to the laws or regulations of the country of destination for consumption for medical, scientific, or other legitimate purposes; "(2) it is exported pursuant to such notification or declaration, or in the case of any nonnarcotic controlled substance in schedule III, such export permit, notification, or declaration as the Attorney General may by regulation prescribe; and "(3) in the case of a nonnarcotic controlled substance in schedule IV or V which is also listed in schedule I or II of the Convention on Psychotropic Substances, it is exported pursuant to such export permit requirements, prescribed by regulation of the Attorney General, as are required by the Convention.". SEC. 523. Section 1007(a)(2) (21 U.S.C. 957(a)(2)) is amended to read as follows: "(2) export from the United States any controlled substance in schedule I II, III IV or V ". SEC. 524. Section 1008(b) (21 U.S.C. 958(b)) is amended to read as follows: "(b) Registration granted under this section shall not entitle a registrant to import or export controlled substances other than specified in the registration.". SEC. 525. Section 1008 (21 U.S.C. 958) is further amended by redesignating subsections (d), (e), (0, (g), and (h) as subsections (e), (f), (g), (h), and (i), respectively, and— (1) by inserting after subsection (c) the following new subsection (d): "(d)(l) The Attorney General may deny an application for registration under subsection (a) if he is unable to determine that such registration is consistent with the public interest (as defined in subsection (a)) and with the United States obligations under international treaties, conventions, or protocols in effect on the effective date of this part. "(2) The Attorney General may deny an application for registration under subsection (c), or revoke or suspend a registration under subsection (a) or (c), if he determines that such registration is inconsistent with the public interest (as defined in subsection (a) or (c)) or with the United States obligations under international treaties, conventions, or protocols in effect on the effective date of this part. "(3) The Attorney General may limit the revocation or suspension of a registration to the particular controlled substance, or substances, with respect to which grounds for revocation or suspension exist. "(4) Before taking action pursuant to this subsection, the Attorney General shall serve upon the applicant or registrant an order to show cause as to why the registration should not be denied, revoked, or suspended. The order to show cause shall contain a statement of the basis thereof and shall call upon the applicant or registrant to appear before the Attorney General, or his designee, at a time and place stated in the order, but in no event less than thirty days after the date of receipt of the order. Proceedings to deny, revoke, or

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98 STAT. 2077

suspend shall be conducted pursuant to this subsection in accordance with subchapter II of chapter 5 of title 5 of the United States Code. Such proceedings shall be independent of, and not in lieu of, criminal prosecutions or other proceedings under this title or any other law of the United States. "(5) The Attorney General may, in his discretion, suspend any registration simultaneously with the institution of proceedings under this subsection, in cases where he finds that there is an imminent danger to the public health and safety. Such suspension shall continue in effect until the conclusion of such proceedings, including judicial review thereof, unless sooner withdrawn by the Attorney General or dissolved by a court of competent jurisdiction. "(6) In the event that the Attorney General suspends or revokes a registration granted under this section, all controlled substances owned or possessed by the registrant pursuant to such registration at the time of suspension or the effective date of the revocation order, as the case may be, may, in the discretion of the Attorney General, be seized or placed under seal. No disposition may be made of any controlled substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded, except that a court, upon application therefor, may at any time order the sale of perishable controlled substances. Any such order shall require the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all such controlled substances (or proceeds of the sale thereof which have been deposited with the court) shall be forfeited to the United States; and the Attorney General shall dispose of such controlled substances in accordance with section 511(e) of the Controlled Substances Act."; and (2) by striking our "304," in the second sentence of redesignated subsection (e). CHAPTER VI DIVISION I—JUSTICE ASSISTANCE

5 USC 551.

Ante, p. 2051.

Justice Assistance Act of

Subdivision A—Amendments to Omnibus Crime Control and Safe Streets Act of 1968 SHORT TITLE

SEC. 601. This division may be cited as the "Justice Assistance Act of 1984 ".

42 USC 3711 note.

DECLARATION AND PURPOSE

SEC. 602. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3701-3799) is amended in the matter preceding part A by striking out the declaration and purpose. OFFICE OF JUSTICE PROGRAMS

SEC. 603. (a) Part A of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711-3713) is amended to read as follows—

42 USC 3701.

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PUBLIC LAW 98-473—OCT. 12, 1984 "PART A—OFFICE OF JUSTICE PROGRAMS "ESTABLISHMENT OF OFFICE OF JUSTICE PROGRAMS

42 USC 3711.

"SEC. 101. There is hereby established an Office of Justice Programs within the Department of Justice under the general authority of the Attorney General. The Office of Justice Programs (hereinafter referred to in this title as the 'Office') shall be headed by an Assistant Attorney General (hereinafter in this title referred to as the 'Assistant Attorney General') appointed by the President, by and with the advice and consent of the Senate. "DUTIES AND FUNCTIONS OF ASSISTANT ATTORNEY GENERAL

42 USC 3712.

Report.

"SEC. 102. (a) The Assistant Attorney General shall— "(1) publish and disseminate information on the conditions and progress of the criminal justice systems; "(2) maintain liaison with the executive and judicial branches of the Federal and State governments in matters relating to criminal justice; "(3) provide information to the President, the Congress, the judiciary. State and local governments, and the general public relating to criminal justice; "(4) maintain liaison with public and private educational and research institutions, State and local governments, and governments of other nations relating to criminal justice; "(5) provide staff support to coordinate the activities of the Office and the Bureau of Justice Assistance, the National Institute of Justice, the Bureau of Justice Statistics, and the Office of Juvenile Justice and Delinquency Prevention; and "(6) exercise such other powers and functions as may be vested in the Assistant Attorney General pursuant to this title or by delegation of the Attorney General. "(b) The Assistant Attorney General shall submit an annual report to the President and to the Congress not later than March 31 of each year.". NATIONAL INSTITUTE OF JUSTICE

SEC. 604. (a) Section 201 of part B of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3721) is amended— (1) in paragraph (3) by inserting "and" at the end thereof, (2) by striking out paragraph (4), (3) by redesignating paragraph (5) as paragraph (4), (4) by striking out "to develop alternatives to judicial resolution of disputes,", and (5) by inserting "and demonstrate" after "to develop". (b) Section 202 of part B of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3722) is amended— (1) in subsection (b) by inserting after the second sentence the following: "The Director shall report to the Attorney General through the Assistant Attorney General.", and (2) in subsection (c)— (A) in paragraph (2)— (i) in subparagraph (A) by striking out ", including programs authorized by section 103 of this title", and (ii) in subparagraph (E) by striking out "the prevention and reduction of parental kidnaping", and

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(B) in paragraph (3) by striking out "part" and inserting in lieu thereof "title", (C) by striking out paragraph (4), (D) in paragraph (10)— (i) by striking out "national priority grants under part E and", and (ii) by striking out "part F" and inserting in lieu thereof "part E", (E) by striking out paragraph (9), and (F) by redesignating paragraphs (5), (6), (7), (8), (10), and (11) as paragraphs (4), (5), (6), (7), (8), and (9), respectively. (c) Part B of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3721-3724) is amended by striking out section 204.

Repeal. 42 USC 3724.

BUREAU OF JUSTICE STATISTICS

SEC. 605. (a) The first sentence of section 301 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3731) is amended— (1) by striking out "(including white-collar crime and public corruption)", and (2) by striking out "(including crimes against the elderly, white-collar crime, and public corruption)". (b) Section 302 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732) is amended— (1) in subsection O> by inserting after the third sentence the t) following: "The Director shall report to the Attorney General through the Assistant Attorney General.", (2) in subsection (c)— (A) by striking out paragraphs (13) and (16), (B) by redesignating paragraphs (14), (15), and (17) as paragraphs (16), (17), and (19), respectively, (C) by inserting after paragraph (12) the following new paragraphs: "(13) provide for the development of justice information systems programs and assistance to the States and units of local government relating to collection, analysis, or dissemination of justice statistics; "(14) develop and maintain a data processing capability to support the collection, aggregation, analysis and dissemination of information on the incidence of crime and the operation of the criminal justice system; "(15) collect, analyze and disseminate comprehensive Federal justice transaction statistics (including statistics on issues of Federal justice interest such as public fraud and high technology crime) and to provide technical assistance to and work jointly with other Federal agencies to improve the availability and quality of Federal justice data;", and (D) by inserting after paragraph (17), as so redesignated, the following new paragraph: "(18) ensure conformance with security and privacy requirement of section 812 and identify, analyze, and participate in the Post, p. 2093. development and implementation of privacy, security and information policies which impact on Federal and State criminal justice operations and related statistical activities; and", and, (3) in subsection (d)—

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title: The Yellow Book/Volume 6/Durham


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Repeal. 42 USC 3734.

42 USC 3735.

PUBLIC LAW 98-473—OCT. 12, 1984

(A) in paragraph (1) by inserting ", and to enter into agreements with such agencies and instrumentalities for purposes of data collection and analysis" before the semicolon, (B) in paragraph (3) by striking out "and" at the end thereof, (C) in paragraph (4) by striking out the period at the end thereof and inserting in lieu thereof a "; and", and (D) by inserting after paragraph (4) the following new paragraph: "(5) encourage replication, coordination and sharing among justice agencies regarding information systems, information policy, and data. (c) Part C of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3731-3735) is amended by striking out section 304. (d) Part C of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3731-3735) is amended by redesignating section 305 as section 304. BLOCK GRANTS

SEC. 606. Part D of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3741-3745) is amended to read as follows: "PART D—BLOCK GRANTS ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE

42 USC 3741. Post, pp. 2086, 2087.

Report.

"SEC. 401. (a) There is established within the Department of Justice, under the general authority of the Attorney General, a Bureau of Justice Assistance (hereinafter in this part and part E referred to as the 'Bureau'). "(b) The Bureau shall be headed by a Director (hereinafter in this part and part E referred to as the 'Director') who shall be appointed by the Attorney General. The Director shall report to the Attorney General through the Assistant Attorney General. The Director shall have final authority for all grants, cooperative agreements, and contracts awarded by the Bureau. The Director shall not engage in any employment other than that of serving as the Director, nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Bureau makes any contract or other arrangement under this title. DUTIES AND FUNCTIONS OF DIRECTOR

42 USC 3742.

"SEC. 402. The Director shall— "(1) provide funds to eligible States, units of local government and private nonprofit organizations pursuant to this part and part E; "(2) establish priorities for programs in accordance with part E and, following public announcement of such priorities, award and allocate funds and technical assistance in accordance with the criteria of part E and on terms and conditions determined by the Director to be consistent with part E; "(3) cooperate with and provide technical assistance to States, units of local government, and other public and private organi-

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98 STAT. 2081

zations or international agencies involved in criminal justice activities; "(4) provide for the development of technical assistance and training programs for State and local criminal justice agencies and foster local participation in such activities; "(5) encourage the targeting of State and local resources on efforts to reduce the incidence of violent crime and on programs relating to the apprehension and prosecution of repeat offenders; "(6) establish and carry on a specific and continuing program of cooperation with the States and units of local government designed to encourage and promote consultation and coordination concerning decisions made by the Bureau affecting State and local criminal justice priorities; and "(7) exercise such other powers and functions as may be vested in the Director pursuant to this title. "DESCRIPTION OF PROGRAM

"SEC. 403. (a) It is the purpose of this part to assist States and units of local government in carrying out specific programs which offer a high probability of improving the functioning of the criminal justice system, with special emphasis on violent crime and serious offenders. The Bureau is authorized to make grants under this part to States for the purpose of— "(1) providing community and neighborhood programs that enable citizens and police to undertake initiatives to prevent and control neighborhood crime; "(2) disrupting illicit commerce in stolen goods and property; "(3) combating arson; "(4) effectively investigating and bringing to trial white-collar crime, organized crime, public corruption crimes, and fraud against the Government; "(5) identifying criminal cases involving persons (including juvenile offenders) with a history of serious criminal conduct in order to expedite the processing of such cases and to improve court system management and sentencing practices and procedures in such cases; "(6) developing and implementing programs which provide assistance to jurors and witnesses, and assistance (other than compensation) to victims of crimes; "(7) providing alternatives to pretrial detention, jail, and prison for persons who pose no danger to the community; "(8) providing programs which identify and meet the needs of drug-dependent offenders; "(9) providing programs which alleviate prison and jail overcrowding and programs which identify existing State and Federal buildings suitable for prison use; "(10) providing training, management, and technical assistance to criminal justice personnel and determining appropriate prosecutorial and judicial personnel needs; "(11) providing prison industry projects designed to place inmates in a realistic working and training environment in which they will be enabled to acquire marketable skills and to make financial payments for restitution to their victims, for support of their own families, and for support of themselves in the institution;

42 USC 3743.

Grants.

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Post, pp. 2086, 2087.

Effective date.

PUBLIC LAW 98-473—OCT. 12, 1984

"(12) providing for operational information systems and workload management systems which improve the effectiveness of criminal justice agencies; "(13) providing programs of the same types as programs described in section 501(a)(4)— "(A) which the Director establishes, under section 503(a), as discretionary programs for financial assistance under part E; and "(B) which are innovative and have been deemed by the Director as likely to prove successful; "(14) implement programs which address critical problems of crime, such as drug trafficking, which have been certified by the Director, after consultation with the Director of the National Institute of Justice, Director of the Bureau of Justice Statistics, and Administrator of the Office of Juvenile Justice and Delinquency Prevention, as having proved successful; "(15) providing programs which address the problem of serious offenses committed by juveniles; "(16) addressing the problem of crime committed against the elderly; "(17) providing training, technical assistance, and programs to assist State and local law enforcement authorities in rural areas in combating crime, with particular emphasis on violent crime, juvenile delinquency, and crime prevention; and "(18) improving the operational effectiveness of law enforcement by integrating and maximizing the effectiveness of police field operations and the use of crime analysis techniques. "(b)(1) For any fiscal year ending after September 30, 1984, the Federal portion of any grant made under this part shall be 50 per centum of the cost of programs and projects specified in the application of such grant, except that in the case of funds distributed to an Indian tribe which performs law enforcement functions (as determined by the Secretary of the Interior) for any program or project described in subsection (a), the Federal portion shall be 100 per centum of such cost. "(2) The non-Federal portion of the cost of such program or project shall be in cash. "(c) No funds may be given under this title to a grant recipient for a program or project for which funds have been given under this title for four years (in the aggregate), including any period occurring before the effective date of this subsection. ELIGIBILITY

Appropriation authorization. 42 USC 3744.

"SEC. 404. The Bureau is authorized to make financial assistance under this part available to a State to enable it to carry out all or a substantial part of a program or project submitted and approved in accordance with the provisions of this part. APPLICATIONS

Prohibition. 42 USC 3745.

"SEC. 405. No grant may be made by the Bureau to a State, or by a State to an eligible recipient pursuant to this part, unless the application for such grant sets forth criminal justice programs and projects covering a two-year period which meet the purposes of section 403(a) of this title, designates which purpose specified in section 403(a) each such program or project is intended to achieve,

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and identifies the State agency or unit of local government which will implement each such program or project. This application must be amended annually if new programs are to be added to the application or if the programs contained in the original application are not implemented. The application must include— "(1) an assurance that following the first fiscal year covered by an application and each fiscal year thereafter, the applicant shall submit to the Bureau or to the State, as the case may be— "(A) a performance report concerning the activities carried out pursuant to this part and part E; and "(B) an assessment by the applicant of the impact of those activities on the purposes of this part and the needs and objectives identified in the applicant's statement; "(2) a certification that Federal funds made available under this title will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for criminal justice activities; "(3) an assurance that fund accounting, auditing, monitoring, and such evaluation procedures as may be necessary to keep such records as the Bureau shall prescribe shall be provided to assure fiscal control, proper management, and efficient disbursement of funds received under this title; "(4) an assurance that the applicant shall maintain such data and information and submit such reports in such form, at such times, and containing such data and information as the Bureau may reasonably require to administer other provisions of this title; "(5) a certification that its programs meet all the requirements of this section, that all the information contained in the application is correct, that there has been appropriate coordination with affected agencies, and that the applicant will comply with all provisions of this title and all other applicable Federal laws (such certification shall be made in a form acceptable to the Bureau and shall be executed by the chief executive or such other officer of the applicant qualified under regulations promulgated by the Office); "(6) if the applicant is a State, an assurance that not more than 10 per centum of the aggregate amount of funds received by a State under this part for a fiscal year will be distributed for programs and projects designated as intended to achieve the purpose specified in section 403(a)(13); "(7) an assurance that the State will take into account the needs and requests of units of general local government in the State and encourage local initiative in the development of programs which meet the purposes of Section 408(a); "(8) an assurance that the State application described in this section, and any amendment to such application, has been submitted for review to the State legislature or its designated body (for purposes of this section, such application or amendment shall be deemed to be reviewed if the State legislature or such body does not review such application or amendment within the 60-day period beginning on the date such application or amendment is so submitted); and "(9) an assurance that the State application and any amendment thereto was made public before submission to the Bureau and, to the extent provided under State law or established

Report. Post, pp. 2086, 2087.

Effective date.

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 98 STAT. 2084

PUBLIC LAW 98-473—OCT. 12, 1984 procedure, an opportunity to comment thereon was provided to citizens and to neighborhood and community groups. ' r REVIEW OF APPLICATIONS

42 USC 3746.

Ante, p. 2082. Effective date.

Ante, p. 2081.

Prohibitions.

Federal Register, publication. Public availability.

"SEC. 406. (a) The Bureau shall provide financial assistance to each State applicant under this part to carry out the programs or projects submitted by such applicant upon determining that— "(1) the application or amendment thereto is consistent with the requirements of this title; and "(2) before the approval of the application and any amendment thereto the Bureau has made an affirmative finding in writing that the program or project has been reviewed in accordance with section 405. Each application or amendment made and submitted for approval to the Bureau pursuant to section 405 of this title shall be deemed approved, in whole or in part, by the Bureau not later than sixty days after first received unless the Bureau informs the applicant of specific reasons for disapproval. "(b) The Bureau shall suspend funding for an approved application in whole or in part if such application contains a program or project which has failed to conform to the requirements of this part or purposes of section 403(a) of this title. The Bureau may make appropriate adjustments in the amounts of grants in accordance with its findings pursuant to this subsection. "(c) Grant funds awarded under this part shall not be used for— "(1) the purchase of equipment or hardware, or the payment of personnel costs, unless the cost of such purchases and payments is incurred as an incidental and necessary part of a program under section 403(a) of this title; "(2) programs which have as their primary purpose general salary payments for employees or classes of employees within an eligible jurisdiction, except for the compensation of personnel for time engaged in conducting or undergoing training programs or the compensation of personnel engaged in research, development, demonstration, or short-term programs; "(3) land acquisition or construction projects; or "(4) programs or projects which, based upon evaluations by the National Institute of Justice, Bureau of Justice Assistance, Bureau of Justice Statistics, State or local agencies, and other public or private organizations, have been demonstrated to offer a low probability of improving the functioning of the criminal justice system. Such programs must be formally identified by a notice in the Federal Register after opportunity for comment. "(d) The Bureau shall not finally disapprove any application, or any amendment thereto, submitted to the Director under this part without first affording the applicant reasonable notice and opportunity for reconsideration. ALLOCATION AND DISTRIBUTION OF FUNDS

42 USC 3747. Post, pp. 2086, 2087.

"SEC. 407. (a) Of the total amount appropriated for this part and part E in any fiscal year, 80 per centum shall be set aside for this part and allocated to States as follows: "(1) $250,000 shall be allocated to each of the participating States.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/925

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2085

"(2) Of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each State an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the population of such State bears to the population of all the States. "(b)(1) Each State which receives funds under subsection (a) in a fiscal year shall distribute among units of local government, or combinations of units of local government, in such State for the purposes specified in section 403(a) of this title that portion of such funds which bears the same ratio to the aggregate amount of such funds as the amount of funds expended by all units of local government for criminal justice in the preceding fiscal year bears to the aggregate amount of funds expended by the State and all units of local government iij such State for criminal justice in such preceding fiscal year. "(2) In distributing funds received under this part among urban, rural, and suburban units of local government and combinations thereof, the State shall give priority to those jurisdictions with the greatest need. "(3) Any funds not distributed to units of local government under paragraph (1) shall be available for expenditure by the State involved. "(4) For purposes of determining the distribution of funds under paragraph (1), the most accurate and complete data available for the fiscal year involved shall be used. If data for such fiscal year are not available, then the most accurate and complete data available for the most recent fiscal year preceding such fiscal year shall be used. "(c) No funds allocated to a State under subsection (a) or received by a State for distribution under subsection (b) may be distributed by the Director or by the State involved for any program other than a program contained in an approved application. "(d) If the Director 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 will not be required or that a State will be unable to qualify or receive funds under this part, or that a State chooses not to participate in the program established by this part, then such portion shall be awarded by the Director to urban, rural, and suburban units of local government or combinations thereof within such State giving priority to those jurisdictions with greatest need. "(e) Any funds not distributed under subsections (b) and (d) shall be available for obligation under part E.

Ante, p. 2081.

Post, pp. 2086, 2087.

STATE OFFICE

"SEC. 408. (a) The chief executive of each participating State shall designate a State office for purposes of— "(1) preparing an application to obtain funds under this part; and "(2) administering funds received from the Bureau of Justice Assistance, including receipt, review, processing, monitoring, progress and financial report review, technical assistance, grant adjustments, accounting, auditing, and fund disbursements. "(b) An office or agency performing other functions within the executive branch of a State may be designated to carry out the functions specified in subsection (a).".

42 USC 3748.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/926

 98 STAT. 2086

PUBLIC LAW 98-473—OCT. 12, 1984 NATIONAL PRIORITY GRANTS

Repeal. Post, p. 2087.

42 USC

3751-3755.

Post, p. 2087.

42 USC

3761-3763. 42 USC 3761.

SEC. 607. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3701 et seq.) is amended by striking out part E. DISCRETIONARY GRANTS

SEC. 608. (a) Sections 601, 602, and 603 of part F of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3761-3762) are amended to read as follows: "PURPOSE

"SEC. 501. (a) The purpose of this part is to provide additional Federal financial assistance to public agencies and private nonprofit organizations for purposes of— "(1) undertaking educational and training programs for criminal justice personnel; "(2) providing technical assistance to States and local units of governments; "(3) undertaking projects which are national or multi-State in scope and which address the purposes specified in section 403(a) of this title; and "(4) providing financial assistance to public agencies and private nonprofit organizations for demonstration programs which, in view of previous research or experience, are likely to be a success in more than one jurisdiction and are not likely to be funded with moneys from other sources. "(b) In carrying out this part, the Bureau is authorized to make grants, and enter into cooperative agreements and contracts with, public agencies and private nonprofit organizations. " P E R C E N T A G E O F APPROPRIATION FOR DISCRETIONARY GRANT PROGRAM

Ante, p. 2080. 42 USC 3762.

"SEC. 502. Of the total amount appropriated for part D and this part in any fiscal year, 20 per centum shall be reserved and set aside for this part in a special discretionary fund for use by the Bureau in carrying out the purposes specified in section 501 of this title. Grants under this part may be made for amounts up to 100 per centum of the costs of the programs or projects contained in the approved application. " P R O C E D U R E FOR E S T A B L I S H I N G DISCRETIONARY PROGRAMS

42 USC 3763. Expiration date.

"SEC. 503. (a) The Director of the Bureau shall periodically establish discretionary programs and projects for financial assistance under this part. Such programs and projects shall be considered priorities for a period of time not to exceed three years from the time of such determination. "(b) The Director shall annually request the National Institute of Justice, the Bureau of Justice Statistics, the Office of Justice Programs, State and local governments, and other appropriate public and private agencies to suggest discretionary programs and projects. The Director shall then, pursuant to regulations, annually publish the proposed priorities pursuant to this part and invite and encourage public comment concerning such priorities. Priorities shall not be established or modified until the Director has provided at least sixty-days advance notice for such public comment and the Director

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Page:United States Statutes at Large Volume 98 Part 2.djvu/927

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2087

shall encourage and invite recommendations and opinion concerning such priorities from appropriate agencies and officials of State and units of local government. After considering any comments submitted during such period of time and after consultation with appropriate agencies and officials of State and units of local government, the Director shall determine whether existing established priorities should be modified. The Director shall publish in the Federal Register the priorities established pursuant to this part before the beginning of fiscal year 1985 and each fiscal year thereafter for which appropriations will be available to carry out the program.". (b) Section 604 of part F of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3764) is amended by striking out "Administration" each place it appears and inserting in lieu thereof "Bureau". (c) Section 605 of part F of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3765) is amended to read as follows:

Federal Register, publication.

Infra.

Infra.

"CRITERIA FOR AWARD

"SEC. 505. The Bureau shall, in its discretion and according to the criteria, and on the terms and conditions it determines consistent with this part, provide financial assistance to those programs or projects which most clearly satisfy the priorities established under section 503 of this title. In providing such assistance pursuant to this part, the Bureau shall consider whether certain segments and components of the criminal justice system have received a disproportionate allocation of financial aid and assistance pursuant to other parts of this title, and, if such a finding is made, shall assure the funding of such other segments and components of the criminal justice system as to correct inequities resulting from such disproportionate allocations.". (d) Section 606 of part F of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3766) is amended to read as follows:

Ante, p. 2086.

Infra.

"PERIOD FOR AWARD

"SEC. 506. The Bureau may provide financial aid and assistance to Expiration date. programs or projects under this part for a period not to exceed three years. Grants made pursuant to this part may be extended or renewed by the Bureau for an additional period of up to two years if— "(1) an evaluation of the program or project indicates that it has been effective in achieving the stated goals or offers the potential for improving the functioning of the criminal justice system; and "(2) the public agency or private nonprofit organization within which the program or project has been conducted agrees to provide at least one-half of the total cost of such program or project from any source of funds, including Federal grants, available to the eligible jurisdiction.". (e) The heading for part F of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3761-3766) is amended by striking out "Part F " and inserting in lieu thereof "Part E". (f) Part E, as so redesignated, of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3701-3766) is 42 USC 3764. amended by redesignating section 604 as section 504.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/928

 98 STAT. 2088 State and local governments. Ante, p. 2087.

42 USC

3701-3797.

PUBLIC LAW 98-473—OCT. 12, 1984 PILOT PROGRAMS FOR CONSTRUCTION OF CRIMINAL JUSTICE FACILITIES

SEC. 609. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3701-3799) is amended by inserting after part E, as so redesignated, the following new part: "PART F—CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT PROGRAM "AUTHORITY FOR PAYMENTS

Grants. Housing. 42 USC 3769.

"SEC. 601. In order to relieve overcrowding and substandard conditions at State and local correctional facilities, the Director of the Bureau of Justice Assistance (hereinafter in this part referred to as the 'Director') is authorized to make grants to States, units of local government, and combinations of such units to assist in construction of correctional facility projects approved under this part, and in planning to relieve overcrowding and substandard conditions in correctional facilities. "ELIGIBILITY

42 USC 3769a.

18 USC 4281 et seq.

"SEC. 602. (a) A State, unit of local government, or combination of such units shall be eligible for assistance under this part for a correctional facility project only— "(1) if the Director, with the concurrence of the Director of the National Institute of Corrections established in chapter 315 of title 18, United States Code, has made a determination that such project represents a prototype of new and innovative methods and advanced design that will stand as examples of technology for avoiding delay and reducing costs in correctional facility design, construction, and improvement; and "(2) for not more than one such project in any State per fiscal year. "(b) A State, a unit of local government, or a combination of such units shall be eligible for assistance under this part for the development of a plan for relieving overcrowding or substandard conditions in correctional facilities operated by the State, a unit of local government, or a combination of such units. Such assistance shall not exceed 50 percent of the cost of developing the plan. "APPLICATION; APPROVAL; PAYMENT

42 USC 3769b.

"SEC. 603. (a) A State, unit of local government, or combination of such units desiring to receive assistance under this part for a correctional facihty project shall submit to the Director an application which shall include— "(1) reaisonable assurance that the applicant has developed an acceptable plan for reducing overcrowding and improving conditions of confinement in its correctional facilities and heis implemented, or is in the process of implementing, such plan through legislative, executive, or judicial initiatives; "(2) a detailed description of the correctional facility to be constructed, altered, or expanded, including a description of the site of such facility; "(3) an estimate of the total cost of the construction of such project, including the amount of assistance requested for such project;

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Page:United States Statutes at Large Volume 98 Part 2.djvu/929

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2089

"(4) reasonable assurance that title to such site is or will be vested solely in the applicant, or another agency or instrumentality of the applicant; "(5) reasonable assurance that adequate financial support will be available for the construction of the project and for its maintenance and operation when complete; and "(6) reasonable assurance that the applicant will comply with the standards and recommendations of the clearinghouse on the construction and modernization of correctional facilities established under section 605. "(b)(1) The Director may approve any such application only if the Infra. Director finds that— "(A) there are sufficient funds available to provide the assistance requested; "(B) such assistance does not exceed 20 percent of the estimated total cost of construction; "(C) the application contains such reasonable assurances as may be required under subsection (a); and "(D) the eligibility criteria of section 602 are met. "(2) In approving applications under this subsection, the Director Ante, p. 2088. shall consider the numbers and general characteristics of the inmate population (to include factors such as offenders' ages, offenses, average term of incarceration, and custody status), and the degree to which the applicant has implemented an inmate classification system which addresses the need for appropriate security assignment. "(c) Upon approving an application under this section, the Director shall award the amount of assistance so approved, but in no event an amount greater than 20 percent of the cost of construction of the approved correctional facility project, and shall provide for payment to the applicant or, if designated by the applicant, any agency or instrumentality of the applicant. Such amount shall be paid, in advance or by way of reimbursement, and in such installments consistent with the progress of construction as the Director may determine. Funds paid under this subsection for the construction of an approved project shall be used solely for carrying out such project as so approved. "(d) An amendment of any application shall be subject to approval in the same manner as an original application. "RECAPTURE PROVISIONS

"SEC. 605. If, within 20 years after completion of any correctional Claims. facility project with respect to which assistance has been provided '^^ ^ 3769c. under this section, such facility ceases to be operated as a correctional facility, the United States may recover from the recipient of such assistance any amount not to exceed 20 percent of the then current value of such project (but in no event an amount greater than the amount of assistance provided under this part for such project), as determined by agreement with the parties or by action brought in the district court of the United States for the district in which such facility is situated.

31-194 - 0 - 86 - 30: QL. 3 Part 2

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Page:United States Statutes at Large Volume 98 Part 2.djvu/930

 98 STAT. 2090

PUBLIC LAW 98-473—OCT. 12, 1984 CLEARINGHOUSE ON THE CONSTRUCTION AND MODERNIZATION OF CRIMINAL JUSTICE FACILITIES

Public information. 42 USC 3769d.

Contracts.

"SEC. 606. (a) The Director shall provide for the operation of a clearinghouse on the construction and modernization of correctional facilities, which shall collect, prepare, and disseminate to the public and to interested State and local public agencies information, including recommendations, pertaining to the construction and modernization of correctional facilities. Such information shall include information regarding— "(1) new and innovative methods and advanced design that will stand as examples of technology for avoiding delay and reducing costs in correctional facility design, construction, and improvement; "(2) ways in which a construction planning program may be used to improve the administration of the criminal justice system within each State; "(3) recommended minimum standards concerning construction materials and methods, to be updated from time to time to reflect technological advances; "(4) the cost effectiveness of available construction materials, methods, and design technologies; "(5) the training of correctional facility personnel; and "(6) health and safety considerations in construction planning. "(b) The Director is authorized to enter into contracts with private organizations and interagency agreements with the National Institute of Corrections, the National Institute of Justice, the Bureau of Justice and Statistics, and other appropriate public agencies, to operate the clearinghouse required under this section.". TRAINING AND MANPOWER DEVELOPMENT

SEC. 609A. (a) Part G of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3771-3775) is amended to read as follows: "PART G—FBI TRAINING OF STATE AND LOCAL CRIMINAL JUSTICE PERSONNEL TRAINING AND MANPOWER DEVELOPMENT 42 USC 3771. Federal Bureau of Investigation National Academy, Quantico, Va.

Rural areas.

"SEC. 701. (a) The Director of the Federal Bureau of Investigation is authorized to— "(1) establish and conduct training programs at the Federal Bureau of Investigation National Academy at Quantico, Virginia, to provide, at the request of a State or unit of local government, training for State and local criminal justice personnel; "(2) develop new or improved approaches, techniques, sys' tems, equipment, and devices to improve and strengthen criminal justice; and "(3) assist in conducting, at the request of a State or unit of local government, local and regional training programs for the training of State and local criminal justice personnel engaged in the investigation of crime and the apprehension of criminals. Training for rural criminal justice personnel shall include.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/931

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2091

when appropriate, effective use of regional resources and methods to improve coordination among criminal justice personnel in different areas and in different levels of government. Such training shall be provided only for persons actually employed as State police or highway patrol, police of a unit of local government, sheriffs, and their deputies, and other persons as the State or such unit may nominate for police training while such persons are actually employed as officers of such State or unit. "(b) In the exercise of the functions, powers, and duties established under this section the Director of the Federal Bureau of Investigation shall be under the general authority of the Attorney General. "(c) Notwithstanding the provisions of subsection (a), the Secretary of the Treasury is authorized to establish, develop, and conduct training programs at the Federal Law Enforcement Training Center at Glynco, Georgia, to provide, at the request of a State or unit of local government, training for State and local criminal justice personnel provided that such training does not interfere with the Center's mission to train Federal law enforcement personnel.".

Federal Law Enforcement Training Center, Glynco, Ga.

ADMINISTRATIVE PROVISIONS

SEC. 609B. (a) Part H of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3781 et seq.) is amended by striking out section 801. (b) Sections 802 and 803 of part H of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3782) are amended to read as follows: "CONSULTATION; ESTABLISHMENT OF RULES AND REGULATIONS

"SEC. 801. (a) The Office of Justice Programs, the Bureau of Justice Assistance, the Office of Juvenile Justice and Delinquency Prevention, the Bureau of Justice Statistics, and the National Institute of Justice are authorized, after appropriate consultation with representatives of States and units of local government, to establish such rules, regulations, and procedures as are necessary to the exercise of their functions, and as are consistent with the stated purposes of this title. "(b) The Bureau of Justice Assistance shall, after consultation with the National Institute of Justice, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, State and local governments, and the appropriate public and private agencies, establish such rules and regulations as are necessary to assure the continuing evaluation of selected programs or projects conducted pursuant to parts D and E, in order to determine— "(1) whether such programs or projects have achieved the performance goals stated in the original application, are of proven effectiveness, have a record of proven success, or offer a high probability of improving the criminal justice system; "(2) whether such programs or projects have contributed or are likely to contribute to the improvement of the criminal justice system and the reduction and prevention of crime; "(3) their cost in relation to their effectiveness in achieving stated goals; "(4) their impact on communities and participants; and "(5) their implication for related programs.

Repeal. 42 USC 3781. 42 USC 3782, 3783. 42 USC 3782.

Ante, pp. 2080, 2086, 2087.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/932

 98 STAT. 2092

Report. Ante, p. 2080.

Ante, p. 2081.

Paperwork reduction. Waste and efficiency.

PUBLIC LAW 98-473—OCT. 12, 1984

In conducting evaluations described in this subsection, the Bureau of Justice Assistance shall, when practical, compare the effectiveness of programs conducted by similar applicants and different applicants. The Bureau of Justice Assistance shall also require applicants under part D to submit an annual performance report concerning activities carried out pursuant to part D together with an assessment by the applicant of the effectiveness of those activities in achieving the purposes of section 403(a) of this title and the relationships of those activities to the needs and objectives specified by the applicant in the application submitted pursuant to section 403 of this title. The Bureau shall suspend funding for an approved application under part D if an applicant fails to submit such an annual performance report. "(c) The procedures established to implement the provisions of this title shall minimize paperwork and prevent needless duplication and unnecessary delays in award and expenditure of funds at all levels of government. NOTICE AND HEARING ON DENIAL OR TERMINATION OF GRANT

42 USC 3783.

"SEC. 802. (a) Whenever, after reasonable notice and opportunity for a hearing on the record in accordance with section 554 of title 5, United States Code, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics finds that a recipient of assistance under this title has failed to comply substantially with— "(1) any provisions of this title; "(2) any regulations or guidelines promulgated under this title; or "(3) any application submitted in accordance with the provisions of this title, or the provisions of any other applicable Federal Act; the Director involved shall, until satisfied that there is no longer any such failure to comply, terminate payments to the recipient under this title, reduce payments to the recipient under this title by an amount equal to the amount of such payments which were not expended in accordance with this title, or limit the availability of payments under this title to programs, projects, or activities not affected by such failure to comply. "(b) If any grant application submitted under part D of this title has been denied, or any grant under this title has been terminated, then the Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of Justice Statistics, as appropriate, shall notify the applicant of its action and set forth the reason for the action taken. Whenever such an applicant requests a hearing, the Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of Justice Statistics, or any authorized officer thereof, is authorized and directed to hold such hearings or investigations, including hearings on the record in accordance with section 554 of title 5, United States Code, at such times and places as necessary, following appropriate and adequate notice to such applicant; and the findings of fact and determinations made with respect thereto shall be final and conclusive, except as otherwise provided herein. The Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of Justice Statistics is authorized to take final action without a hearing if, after an administrative review of the denial of such application or termination of such grant, it is determined that

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Page:United States Statutes at Large Volume 98 Part 2.djvu/933

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2093

the basis for the appeal, if substantiated, would not establish a basis for awarding or continuing of the grant involved. Under such circumstances, a more detailed statement of reasons for the agency action should be made available, upon request, to the applicant. "(c) If the applicant involved is dissatisfied with the findings and determinations of the Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of Justice Statistics following notice and hearing provided for in subsection (a) of this section, a request may be made for rehearing, under such regulations and procedure as the Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of Justice Statistics may establish, and such applicant shall be afforded an opportunity to present such additional information as may be deemed appropriate and pertinent to the matter involved.". (c) Section 804 of part H of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3784) is amended by striking Infra. out "Law Enforcement Assistance Administration" and inserting in lieu thereof "Bureau of Justice Assistance". (d) Section 805 of part H of title I of the Omnibus Crime Control Infra. and Safe Streets Act of 1968 (42 U.S.C. 3785) is amended— (1) by striking out "Office of Justice Assistance, Research, and Statistics, the Law Enforcement Assistance Administration," each place it appears and inserting in lieu thereof "Office of Justice Programs, Bureau of Justice Assistance,", (2) by inserting "the Office of Juvenile Justice and Delinquency Prevention," before "or the National Institute of Justice" each place it appears, (3) in subsection (a) by striking out "section 803, 804, or 815(c)(2)(G)" and inserting in lieu thereof "section 802, 803, or 809(c)(2)(G)", and (4) in subsection (b) by inserting "the Office of Juvenile Justice and Delinquency Prevention" before "or the Bureau of Justice Statistics". (e) Part H of title I of the Omnibus Crime Control and Safe Streets Repeals. Act of 1968 (42 U.S.C. 3781 et seq.) is amended by striking out 42 USC sections 806, 807, 808, 809, 810, 811, 812, 813, 814, 819, and 826. 3786-3789C, (0 Part H of title I of the Omnibus Crime Control and Safe Streets 3789h,e 37890. and 18 u s 1761 Act of 1968 (42 U.S.C. 3781-3789o) is amended by redesignating note; 41 USC 35; sections 804, 805, 815, 816, 817, 818, 820, 821, 822, 823, 824, 825, and post, p. 2103. e 3784, 827 as sections 803, 804, 809, 810, 811, 812, 813, 814, 815, 816, 817, 42 u s 3789d3785, 818, and 819, respectively. 3789g, 37891(g) Part H of title I of the Omnibus Crime Control and Safe Streets 3789n. Act of 1968 (42 U.S.C. 3781-3789o) is amended by inserting after 42 USC 3781-37890. section 804, as so redesignated, the following new sections: DELEGATION OF FUNCTIONS

"SEC. 805. The Attorney General, the Assistant Attorney General, the Director of the National Institute of Justice, the Director of the Bureau of Justice Statistics, the Administrator of the Office of Juvenile Justice and Delinquency Prevention, and the Director of the Bureau of Justice Assistance may delegate to any of their respective officers or employees such functions under this title as they deem appropriate.

42 USC 3786.

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