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sentence of this subsection. In order to carry out this subsection, the Administrator shall appoint an Advisory Committee on Structural Safety of Veterans' Administration Facilities, on which shall serve at least one architect and one structural engineer expert in fire, earthquake, and other natural disaster resistance who shall not be employees of the Federal Government, to advise him on all matters of structural safety in the construction and remodeling of Veterans' Administration facilities in accordance with the requirement of this subsection, and which shall approve regulations prescribed thereunder. The Associate Deputy Administrator, the Chief Medical Director, or his designee, and the Veterans' Administration official charged with the responsibility for construction shall be ex officio members of such committee.". (c) Section 5001 of such title is further amended by adding the lollowing new subsection: " (g) The Administrator may make contributions to local authorities toward, or for, the construction of traffic controls, road improvements, or other devices adjacent to Veterans' Administration medical facilities when deemed necessary for safe ingress or egress.". SEC. 302. Chapter 81 of title 38, United States Code, is amended— (1) by adding at the end of subchapter I the following new section: "The Administrator, on behalf of the United States, may relinquish to the State in which any lands or interests therein under his supervision or control are situated, such measure of legislative jurisdiction over such lands or interests as is necessary to establish concurrent jurisdiction between the Federal Government and the State concerned. Such partial relinquishment of legislative jurisdiction shall be initiated by filing a notice thereof with the Governor of the State concerned, or in such other manner as may be prescribed by the laws of such State, and shall take effect upon acceptance by such State."; (2) by inserting immediately after the first sentence in subsection (a) of section 5012 thereof the following: "Any lease made pursuant to this subsection to any public or nonprofit organization may be made without regard to the provisions of section 3709 of the Revised Statutes (41 U.S.C. 5). Notwithstanding section 321 of the Act entitled 'An Act making appropriations for the legislative branch of the Government for the fiscal year ending June 30, 1933, and for other purposes,' approved June 30, 1932 (40 U.S.C. 303b), or any other provision of law, a lease made pursuant to this subsection to any public or nonprofit organization may provide for the maintenance, protection, or restoration, by the lessee, of the property leased, as a part or all of the consideration for the lease. Prior to the execution of any such lease, the Administrator shall give appropriate public notice of his intention to do so in the newspaper of the community in which the lands or buildings to be leased are located."; and (3) by inserting in the table of sections at the beginning of such chapter "5007. Partial relinquishment of legislative jurisdiction." immediately after "5006. Property formerly owned by the National Home for Disabled Volunteer Soldiers.". SEC. 303. Section 5053(a) of title 38, United States Code, is amended by striking out "or medical schools" at the beginning of the material contained in parentheses, and by inserting immediately after the close parenthesis the words "or medical schools or clinics".
 * '§ 5007. Partial relinquishment of legislative jurisdiction

195

7 2 Stat. 1251

79 Stat. 1157. 38 USC 5001.

72 Stat. 1251; 80 Stat. 1373.

47 Stat. 412.

8° Stat. 1374.

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PUBLIC LAW 93-82-AUG. 2, 1973

[87 STAT.

TITLE IV — M I S C E L L A N E O U S A M E N D ^ I E N T S TO TITLE 38, UNITED STATES CODE PwiTpSie''s!'re*^ SEC. 401. Section 230(b) of title 38, United States Code, is amended gionai office, time by Striking out " J u l j 3, 1974'' and inserting in lieu thereof "June 30, extension. 84 Stat. 437.

-i Q 7 Q 5 5 J-t/i^O.

Telephone servSEC. 402. (a) Section 234 of title 38, Ignited States Code, is amended ^'^72 Stat 1117 ^y inserting immediately after the words "telephones for" the following: "nonmedical directors of center's, hospitals, independent clinics, domiciliaries, and". (b) The table of sections at the beginning of chapter 3 of such title is amended by striking out "234. Telephone service for medical officers." and inserting in lieu thereof "234.

Telephone service for medical officers and facility directors.".

(c) The catchline at the beginning of section 234 of such title is amended by inserting immediately after the word "officers" the words ^^s^tate home facii83 Stat. 836.

38 USC 644. 82 Stat. 448. 79 Stat. 1157

78 Stat. 502. 38 USC 5035. 38 USC 5036.

gj,^_ ^Q^^;j^^ Section 641 of title 38, United States Code, is amended by

(1) striking out in clause (1) "$3.50" and inserting in lieu thereof "$4.50"; (2) striking out in clause (2) "$5" and inserting in lieu thereof "$6"; (3) striking out in clause (3) "$7.50" and inserting in lieu thereof "$10"; and (4) inserting immediately after the words "veteran of any war" the following: "or of service after January 31, 1955". ^1^^ Section 644(b) of such title is amended by striking out "50 per centum" and inserting in lieu thereof "65 per centum". (c) Section 5033(a) of title 38, United States Code, is amended by striking out "nine" and inserting in lieu thereof "fourteen". (d) Paragraph (1) of section 5034 of title 38, United States Code, is amended by striking out "one and one-half beds" and inserting in lieu thereof "two and one-half beds". (e) Subsections (a)(1), (b)(2), and (d) of section 5035 of such title are amended by striking out "50 per centum" wherever it appears therein and inserting in lieu thereof "65 per centum". (f) Section 5036 of such title is amended by striking out "50 per centum" and inserting in lieu thereof "65 per centum". ITTLE V—EFFECTIVE DATES

Ante,

p. 183.

A"11' ^' 188' " ^'^' •

SEC. 501. The provisions of this Act shall become elective the iir^x day of the first calendar month following the date of enactment, except that sections 105 and 106 shall be effective on January 1, 1971; section ^'^^ shall be effective July 1, 1973; and section 203 shall become effective beginning the first pay period following thirty days after the date of enactment of this Act. Approved August 2, 1973. '" •''"' ' ' ' '. •

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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PUBLIC LAW 93-83-AUG. 6, 1973

197

Public Law 93-83 AN ACT To amend title I of the Omnibus Crime Control and Safe Streets Act of 1968 to improve law enforcement and criminal justice, and for other purposes.

August 6, 1973 [H. R. 8152]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may '^'"^'"^ control be cited as the "Crime Control Act of 1973". ^^'" SEC. 2. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended to read as follows: s/stfuVssi!' " TITLE I—LAW ENFORCEMENT A S S I S T A N C E "DECLARATION AND PURPOSE

"Congress finds that the high incidence of crime in the United States threatens the peace, security, and general welfare of the Nation and its citizens. To reduce and prevent crime and juvenile delinquency, and to insure the greater safety of the people, law enforcement and criminal justice efforts must be better coordinated, intensified, and made more effective at all levels of government. "Congress finds further that crime is essentially a local problem that must be dealt with by State and local governments if it is to be controlled effectively. " I t is therefore the declared policy of the Congress to assist State and local governments in strengthening and improving law enforcement and criminal justice at every level by national assistance. I t is the purpose of this title to (1) encourage States and units of general local government to develop and adopt comprehensive plans based upon their evaluation of State and local problems of law enforcement and criminal justice; (2) authorize grants to States and units of local government in order to improve and strengthen law enforcement and criminal justice; and (3) encourage research and development directed toward the improvement of law enforcement and criminal justice and the development of new methods for the prevention and reduction of crime and the detection, apprehension, and rehabilitation of criminals. "PART A — L A W ENFORCEMENT ASSISTANCE ADMINISTRATION

"SEC. 101. (a) There is hereby established within the Department of Justice, under the general authority of the Attorney General, a Law Enforcement Assistance Administration (hereinafter referred to in this title as 'Administration') composed of an Administrator of Law Enforcement Assistance and two Deputy Administrators of Ijaw Enforcement Assistance, w4io shall be appointed by the President, by and with the advice and consent of the Senate. " (b) The Administrator shall be the head of the agency. One Deputy Administrator shall be designated the Deputy Administrator for Policy Development. The second Deputy Administrator shall be designated the Deputy Administrator for Administration. "PART B — P L A N N I N G GRANTS

"SEC. 201. It is the purpose of this part to encourage States and units of general local government to develop and adopt comprehensive law enforcement and criminal justice plans based on their evaluation of State and local problems of law enforcement and criminal justice.

42 USC 3 701,

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 198 s t a t e planning agencies.

Functions.

Funds, availability.

Meetings.

Records, accessability.

PUBLIC LAW 93-83-AUG. 6, 1973

[87

STAT.

"SEC. 202. The Administration shall make grants to the States for the establishment and operation of State law enforcement and criminal justice planning agencies (hereinafter referred to in this title as 'State planning agencies') for the preparation, development, and revision of the State plan required under section 303 of this title. Any State may make application to the Administration for such grants within six months of the date of enactment of this Act. "SEC. 203. (a) A grant made under this part to a State shall be utilized by the State to establish and maintain a State planning agency. Such agency shall be created or designated by the chief executive of the State and shall be subject to his jurisdiction. The State planning agency and any regional planning units within the State shall, within their respective jurisdictions, be representative of the law enforcement and criminal justice agencies, units of general local government, and public agencies maintaining programs to reduce and control crime and may include representatives of citizen, professional, and community organizations. The regional planning units within the State shall be comprised of a majority of local elected officials. "(b) The State planning agency shall— " (1) develop, in accordance with part C, a comprehensive statewide plan for the improvement of law enforcement and criminal justice throughout the State; "(2) define, develop, and correlate programs and projects for the State and the units of general local government in the State or combinations of States or units for improvement in law enforcement and criminal justice; and "(3) establish priorities for the improvement in law enforcement and criminal justice throughout the State. "(c) The State planning agency shall make such arrangements as such agency deems necessary to provide that at least 40 per centum of all Federal funds granted to such agency under this part for any fiscal year will be available to units of general local government or combinations of such units to enable such units and combinations of such units to participate in the formulation of the comprehensive State plan required under this part. The Administration may waive this requirement, in whole or in part, upon a finding that the requirement is inappropriate in view of the respective law enforcement and criminal justice planning responsibilities exercised by the State and its units of general local government and that adherence to the requirement would not contribute to the efficient development of the State plan required under this part. In allocating funds under this subsection, the State planning agency shall assure that major cities and counties within the State receive planning funds to develop comprehensive plans and coordinate functions at the local level. Any portion of such 40 per centum in any State for any fiscal year not required for the purpose set forth in this subsection shall be available for expenditure by such State agency from time to time on dates during such year as the Administration may fix, for the development by it of the State plan required under this part. " (d) The State planning agency and any other planning organization for the purposes of the title shall hold each meeting open to the public, giving public notice of the time and place of such meeting, and the nature of the business to be transacted, if final action is taken at that meeting on (A) the State plan, or (B) any application for funds under this title. The State planning agency and any other planning organization for the purposes of the title shall provide for public access to all records relating to its functions under this Act, except

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such records as are required to be kept confidential by any other provisions of local, State, or Federal law. "SEC. 204. A Federal grant authorized under this part shall not Limitation. exceed 90 per centum of the expenses incurred by the State and units of general local government under this part, and may be up to 100 per centum of the expenses incurred by regional planning units under this part. The non-Federal funding of such expenses, shall be of money appropriated in the aggregate by the State or units of general local government, except that the State shall provide in the aggregate not less than one-half of the non-Federal funding required of units of general local government under this part. "SEC. 205. Funds appropriated to make grants under this part for ^if^^^^l^^ a fiscal year shall be allocated by the Administration among the States for use therein by the State planning agency or units of general local government, as the case may be. The Administration shall allocate $200,000 to each of the States; and it shall then allocate the remainder of such funds available among the States according to their relative populations. " P A R T C—GRANTS FOR LAW ENFORCEMENT PURPOSES

"SEC. 301. (a) I t is the purpose of this part to encourage States and units of general local government to carry out programs and projects to improve and strengthen law enforcement and criminal justice. "(b) The Administration is authorized to make grants to States having comprehensive State plans approved by it under this part, for: "(1) Public protection, including the development, demonstration, evaluation, implementation, and purchase of methods, devices, facilities, and equipment desio^ed to improve and strengthen law enforcement and criminal justice and reduce crime in public and private places. "(2) The recruiting of law enforcement and criminal justice personnel and the training of personnel in law enforcement and criminal justice. "(3) Public education relating to crime prevention and encouraging respect for law and order, including education programs in schools and programs to improve public understanding of and cooperation with law enforcement and criminal justice agencies. "(4) Constructing buildings or other physical facilities which would fulfill or implement the purpose of this section, including local correctional facilities, centers for the treatment of narcotic addicts, and temporary courtroom facilities in areas of high crime incidence. "(5) The organization, education, and training of special law enforcement and criminal justice units to combat organized crime, including the establishment and development of State organized crime prevention councils, the recruiting and training of special investigative and prosecuting personnel, and the development of systems for collecting, storing, and disseminating information relating to the control of organized crime. "(6) The organization, education, and training of regular law enforcement and criminal justice officers, special law enforcement and criminal justice units, and law enforcement reserve units for the prevention, detection, and control of liots and other violent civil disorder's, including the acquisition of riot control equipment. "(7) The recruiting, organization, training, and education of community service officers to serve with and assist local and State

199

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68 another flight. Do you suppose your father will come along?"

"I don't know," answered the lad. "He seems much engrossed in something. It's unusual, too, for he most generally tells me what he is engaged upon. However, I guess he will say something about it when he gets ready."

"Well, if he doesn't feel just like coming, don't argue him. He might be nervous, and, while the ship is new, I don't want any nervous passengers aboard. I can't give them my attention and look after the running of the machinery."

"I was going to propose bringing a friend of mine over to see us make the trip to-morrow," went on the young inventor. "Ned Newton—you know him. He'd like a ride."

"Oh, I guess Ned's all right. Let him come along. We won't go very high to-morrow. After a trial rise by means of the gas, I'm going to lower the ship to the ground, and try for an elevation by means of the planes. Oh, yes, bring your friend along."

Ned Newton was delighted the next day to receive Tom's invitation, and, though a little dubious about trusting himself in an airship for the first time, finally consented to go with his chum. He got a half holiday from the bank, and, shortly after dinner went to Tom's house.

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Prohibition.

Limitation.

PUBLIC LAW 93-83-AUG. 6, 1973

[87

STAT.

law enforcement and criminal justice agencies in the discliarge of their dvities through such activities as recruiting; improvement of police-community relations and grievance resolution mechanisms; community patrol activities; encouragement of neighborhood participation in crime prevention and public safety efforts; and other activities designed to improve police capabilities, public safety and the objectives of this section: Provided,, That in no case shall a grant be made under this subcategory without the approval of the local government or local law enforcement and criminal justice agency. "(8) The establishment of a Criminal Justice Coordinating Council for any unit of general local government or any combination of such units within the State, having a population of two hundred and fifty thousand or more, to assure improved planning and coordination of all law enforcement and criminal justice activities. " (9) The development and operation of community-based delinquent prevention and correctional programs, emphasizing halfway houses and other community-based rehabilitation centers for initial preconviction or post-conviction referral of offenders; expanded probationary programs, including paraprofessional and volunteer participation; and community service centers for the guidance and supervision of potential repeat youthful offenders. "(10) The establishment of interstate metropolitan regional planning units to prepare and coordinate plans of State and local governments and agencies concerned with regional planning for metropolitan areas. "(c) The portion of any Federal grant made under this section for the purposes of paragraph (4) of subsection (b) of this section may be up to,50 per centum of the cost of the program or project specified in the application for such grant. The portion of any Federal grant made under this section to be used for any other purpose set forth in this section may be up to 90 per centum of the cost of the program or project specified in the application for such grant. No part of any grant made under this section for the purpose of renting, leasing, or constructing buildings or other physical facilities shall be used for land acquisition. In the case of a grant under this section to an Indian tribe or other aboriginal group, if the Administration determines that the tribe or group does not have sufficient funds available to meet the local share of the cost of any program or project to be funded under the grant, the Administration may increase the Federal share of the cost thereof to the extent it deems necessary. The non-Federal funding of the cost of any program or project to be funded by a grant under this section shall be of money appropriated in the aggregate, by State or individual units of government, for the purpose of the shared funding of such programs or projects. " (d) Not more than one-third of any grant made under this section may be expended for the compensation of police and other regular law enforcement and criminal justice personnel. The amount of any such grant expended for the compensation of such personnel shall not exceed the amount of State or local funds made available to increase such compensation. The limitations contained in this subsection shall not apply to the compensation of personnel for time engaged in conducting or undergoing training programs or to the compensation of personnel engaged in research, development, demonstration or other short-term programs.

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201

"SEC. 302. Any State desiring to participate in the grant program p aStatep a t i o n. rtici under this part shall establish a State planning agency as described in part B of this title and shall within six months after approval of a planning grant under part B submit to the Administration through such State planning agency a comprehensive State plan developed pursuant to part B of this title. "SEC. 303. (a) The Administration shall make grants under this title stateTL^ns^" to a State planning agency if such agency has on file with the Admin- requirements. istration an approved comprehensive State plan (not more than one year in age) which conforms with the purposes and requirements of this title. No state plan shall be approved as comprehensive unless the Administration finds that the plan provides for the allocation of adequate assistance to deal with law enforcement and criminal justice problems in areas characterized by both high crime incidence and high law enforcement and criminal justice activity. No State plan shall be approved as comprehensive, unless it includes a comprehensive program, whether or not funded under this title, for the improvement of juvenile justice. Each such plan shall— " (1) provide for the administration of such grants by the State planning agency; "(2) provide that at least the per centum of Federal assistance granted to the State planning agency under this part for any fiscal year which corresponds to the per centum of the State and local law enforcement expenditures funded and expended in the immediately preceding fiscal year by units of general local government will be made available to such units or combinations of such units in the immediately following fiscal year for the development and implementation of programs and projects for the improvement of law enforcement and criminal justice, and that with respect to such programs or projects the State will provide in the aggregate not less than one-half of the non-Federal funding. Per centum determinations under this paragraph for law enforcement funding and expenditures for such immediately preceding fiscal year shall be based upon the most accurate and complete data available for such fiscal year or for the last fiscal year for which such data are available. The Administration shall have the authority to approve such determinations and to review the accuracy and completeness of such data; "(3) adequately take into account the needs and requests of the units of general local government in the State and encourage local initiative in the development of programs and projects for improvements in law enforcement and criminal justice, and provide for an appropriately balanced allocation of funds between the State and the units of general local government in the State and among such units; "(4) provide for procedures under which plans may be submitted to the State planning agency for approval or disapproval, in whole or in part, annually from units of general local government or combinations thereof having a population of at least two hundred and fifty thousand persons to use funds received under this part to carry out a comprehensive plan consistent with the State comprehensive plan for the improvement of law enforcement and criminal justice in the jurisdiction covered by the plan; "(5) incorporate innovations and advanced techniques and contain a comprehensive outline of priorities for the improvement and coordination of all aspects of law enforcement and criminal justice, dealt with in the plan, including descriptions of: (A)

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 202

PUBLIC LAW 93-83-AUG. 6, 1973

[87 STAT.

general needs and problems; (B) existing systems; (C) available resources; (I)) organizational systems and administrative machinery for implementing the plan; (E) the direction, scope, and general types of improvements to be made in the future; and (F) to the extent appropriate, the relationship of the plan to other relevant State or local law enforcement and criminal justice, plans and systems; "(6) provide foi- effective utilization of existing facilities and permit and encourage units of general local government to combine or provide for cooperative arrangements with respect to services, facilities, and equipment; "' (7) provide for research and development; ''(8) provide for appropriate review of procedures of actions taken by the State planning agency disapproving an application for which funds are available or terminating or refusing to continue financial assistance to units of general local government or combinations of such units; "(9) demonstrate the willingness of the State and units of general local government to assume the costs of improvements funded under this part after a reasonable period of Federal assistance; ''(10) demonstrate the willingness of the State to contribute technical assistance or services for programs and projects contemplated by the statewide comprehensive plan and the programs and projects contemplated by units of general local government or combinations of such units; "(11) set forth policies and procedures designed to assure that Federal funds made available under this title will be so used as not to supplant State or local funds, but to increase the amounts of such funds that would in the absence of such Federal funds be made available for law enforcement and criminal justice; "(12) provide for such fund accounting, audit, monitoring, and evaluation procedures as may be necessary to assure fiscal control, proper management, and disbursement of funds received under this title; "(13) provide for the maintenance of such data and information, and for the submission of such reports in such form, at such times, and containing such data and information as the National Institute for Law Enforcement and Criminal Justice may reasonably require to evaluate pursuant to section 402(c) programs and projects carried out under this title and as the Administration may reasonably reojuire to administer other provisions of this title; "(14) provide funding incentives to those units of general local government that coordinate or combine law enforcement and criminal justice functions or activities with other such units within the State for the purpose of improving law enforcement and criminal justice; and "(15) provide for proceduies that will insure that (A) all applications by units of general local government or combinations thereof to the State planning agency for assistance shall be approved or disapproved, in whole or in part, no later than ninety days after receipt by the State planning agency, (B) if not disapproved (and returned with the reasons for such disapproval, including the reasons for the disapproval of each fairly severable part of such application which is disapproved) within ninety days of such application, any part of such application which is not so disapproved shall be deemed approved for the purposes

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PUBLIC LAW 93-83-AUG. 6, 1973

of this title, and the State planning agency shall disburse the approved funds to the applicant in accordance with procedures established by the Administration, (C) the reasons for disapproval of such application or any part thereof, in order to be effective for the purposes of this section, shall contain a detailed explanation of the reasons for which such application or any part thereof was disapproved, or an explanation of what supporting material is necessary for the State planning agency to evaluate such application, and (D) disapproval of any application or part thereof shall not preclude the resubmission of such application or part thereof to the State planning agency at a later date. Any portion of the per centum to be made available pursuant to paragraph (2) of this section in any State in any fiscal year not required for the purposes set forth in such paragraph (2) shall be available for expenditure by such State agency from time to time on dates during such year as the Administration may fix, for the development and implementation of programs and projects for the improvement of law enforcement and criminal justice and in conformity with the State plan. " (b) No approval shall be given to any State plan unless and until the Administration finds that such plan reflects a determined effort to improve the quality of law enforcement and criminal justice throughout the State. No award of funds which are allocated to the States under this title on the basis of population shall be made with respect to a program or project other than a program or project contained in an approved plan. "(c) No plan shall be approved as comprehensive unless it establishes statewide priorities for the improvement and coordination of all aspects of law enforcement and criminal justice, and considers the relationships of activities carried out under this title to related activities being carried out under other Federal programs, the general types of improvements to be made in the future, the effective utilization of existing facilities, the encouragement of cooperative arrangements between units of general local government, innovations and advanced techniques in the design of institutions and facilities, and advanced practices in the recruitment, organization, training, and education of law enforcement and criminal justice personnel. I t shall thoroughly address improved court and correctional programs and practices throughout the State. "SEC. 304. State planning agencies shall receive applications for financial assistance from units of general local government and combinations of such units. When a State planning agency determines that such an application is in accordance with the purposes stated in section 301 and is in conformance with any existing statewide comprehensive law enforcement plan, the State planning agency is authorized to disburse funds to the applicant. "SEC. 305. Where a State has failed to have a comprehensive State plan approved under this title within the period specified by the Administration for such purpose, the funds allocated for such State under paragraph (1) of section 306(a) of this title shall be available for reallocation by the Administration under paragraph (2) of section 306(a). "SEC. 306. (a) The funds appropriated each fiscal year to make grants under this part shall be allocated by the Administration as follows; "(1) Eighty-five per centum of such funds shall be allocated among the States according to their respective populations for grants to State planning agencies.

Funds, availability.

Funds, reallocation.

Funds, allocation.

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 204

Prohibition.

Funds, reallocation.

" Date of submission."

PUBLIC LAW 93-83-AUG. 6, 1973

[87

STAT.

"(2) Fifteen per centum of such funds, plus any additional amounts made available by virtue of the application of the provisions of sections 305 and 509 of this title to the «r-ant of any State, may. in the discretion of the Administration, be allocated among the States for grants to State planning agencies, units of general local government, combinations of such units, or private nonprofit organizations, according to the criteria and on the terms and conditions the Administration determines consistent with this title. Any grant made from funds available undei- paragraph (2) of this subsection may be up to 90 per centum of the cost of the program oiproject for which such grant is made. No part of any grant under such paragraph for the purpose of renting, leasing, or constructing buildings or other physical facilities shall be used for land acquisition. In the case of a grant under such paragraph to an Indian tr-ibe or other aboriginal group, if the Administration determines that the tribe or group does not have sufficient funds available to meet the local shar-e of the costs of any program or project to be funded under the grant, the Administration may increase the Federal share of the cost thereof to the extent it deems necessary. The limitations on the expenditure of portions of grants for the compensation of personnel in subsection (d) of section 301 of this title shall apply to a grant inider such paragraph. The non-Federal share of the cost of any program or pr-oject to be funded under this section shall be of money appropriated in the aggregate by the State or units of general local government, or provided in the aggregate by a, private nonprofit organization. The Administration shall make grants in its discr-etion under paragraph (2) of this subsection in such a manner as to accord funding incentives to those States oi' imits of general local government that coor-dinate law enforcement and criminal justice functions and activities with othei: such States or units of general local government thereof for the purpose of improving law enforcement and criminal justice. "(b) If the Administration determines, on the basis of information available to it during any fiscal year, that a portion of the finids allocated to a State for that fiscal year for grants to the State planning agency of the State will not be required by the State, or that the State will be unable to qualify to receive any portion of the funds under the requirements of this part, that portion shall be available for reallocation to other States vmder paragraph (1) of subsection (a) of this section. '"SEC. 307. I n making grants under this part, the Administration and each State planning agency, as the case may be, shall give special emphasis, where appropriate or feasible, to programs and projects dealing with the prevention, detection, and control of organized crime and of riots and other violent civil disorders. "SEC. 308. Each State plan submitted to the Administration foi' approval under section 302 shall be either approved or disapproved, in whole or in part, by the Administration no later than ninety days after the date of submission. If not disapproved (and returned with the reasons for such disapproval) within such ninety days of such application, such plan shall be deemed approved for the purposes of this title. The I'easons for disapproval of such plan, in order to be efl'ective for the purposes of this section, shall contain an explanation of which requirements enumerated in section 302(b) such plan fails to comply with, or an explanation of what supporting material is necessary for the Administration to evaluate such plan. For the purposes of this section, the term 'date of submission' means the date on which a State plan which the State has designated as the 'final State plan application' for the appropriate fiscal year is delivered to the Administration.

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205

"PART D — T R A I N I N G, EDUCATION, RESEARCH, DEMONSTRATION, AND SPECIAL GRANTS

"SEC. 401. I t is the purpose of this part to provide for and encourage training, education, research, and development for the purpose of improving law enforcement and criminal justice, and developing new methods for the prevention and reduction of crime, and the detection and apprehension of criminals. "SEC. 402. (a) There is established within the Department of Justice a National Institute of Law Enforcement and Criminal Justice (hereafter referred to in this part as 'Institute'). The Institute shall be under the general authority of the Administration. The chief administrative officer of the Institute shall be a Director appointed by the Administrator. I t shall be the purpose of the Institute to encourage research and development to improve and strengthen law enforcement and criminal justice, to disseminate the results of such efforts to State and local governments, and to assist in the development and support of programs for the training of law enforcement and criminal justice personnel. "(b) The Institute is authorized— "(1) to make grants to, or enter into contracts with, public agencies, institutions of higher education, or private organizations to conduct research, demonstrations, or special projects pertaining to the purposes described in this title, including the development of new or improved approaches, techniques, systems, equipment, and devices to improve and strengthen law enforcement and criminal justice; "(2) to make continuing studies and undertake programs of research to develop new or improved approaches, techniques, systems, equipment, and devices to improve and strengthen law enforcement and criminal justice, including, but not limited to, the effectiveness of projects or programs carried out under this title; "(3) to carry out programs of behavioral research designed to provide more accurate information on the causes of crime and the effectiveness of various means of preventing crime, and to evaluate the success of correctional procedures; "(4) to make recommendations for action which can be taken by Federal, State, and local governments and by private persons and organizations to improve and strengthen law" enforcement and criminal justice; "(5) to carry out programs of instructional assistance consisting of research fellowships for the programs provided under this section, and special workshops for the presentation and dissemination of information resulting from research, demonstrations, and special projects authorized by this title; "(6) to assist in conducting, at the request of a State or a unit of general local government or a combination thereof, local or regional training programs for the training of State and local law enforcement and criminal justice personnel, including but not limited to those engaged in the investigation of crime and apprehension of criminals, community relations, the prosecution or defense of those charged with crime, corrections, rehabilitation, probation and parole of offenders. Such training activities shall be designed to supplement and improve rather than supplant the training activities of the State and units of general local government and shall not duplicate the training activities of the Federal Bureau of Investigation under section 404 of this title. While participating in the training program or traveling in connection with

National Institute of Law Enforcement land Criminal Justice.

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Page:United States Statutes at Large Volume 87.djvu/238

 206

80 Stat. 499.

Survey.

Guidelines.

Report to President, Congress, and non-Federal agencies.

Grants, amounts.

PUBLIC LAW 93-83-AUG. 6, 1973

[87

STAT.

participation in the training program, State and local personnel shall be allowed travel expenses and a per diem allowance in the same manner as prescribed under section 5703(b) of title 5, United States Code, for persons employed intermittently in the Government service; "(7) to carry out a program of collection and dissemination of information obtained by the Institute or other Federal agencies, public agencies, institutions of higher education, or private organizations engaged in projects under this title, including information relating to new or improved approaches, techniques, systems, equipment, and devices to improve and strengthen law enforcement; and "(8) to establish a research center to carry out the programs described in this section. "(c) The Institute shall serve as a national and international clearinghouse for the exchange of information with respect to the improvement of law enforcement and criminal justice, including but not limited to police, courts, prosecutore, public defenders, and corrections. "The Institute shall undertake, where possible, to evaluate the various programs and projects carried out under this title to determine their impact upon the quality of law enforcement and criminal justice and the extent to which they have met or failed to meet the purposes and policies of this title, and shall disseminate such information to State planning agencies and, upon request, to units of general local government. "The Institute shall, before the end of the fiscal year ending June 30, 1976, survey existing and future personnel needs of the Nation in the field of law enforcement and criminal justice and the adequacy of Federal, State and local programs to meet such needs. Such survey shall specifically determine the effectiveness and sufficiency of the training and academic assistance programs carried out under this title and relate such programs to actual manpower and training requirements in the law enforcement and criminal justice field. In carrying out the provisions of this section, the Director of the Institute shall consult with and make maximum use of statistical and other related information of the Department of Labor, Department of Health, Education, and Welfare, Federal, State and local criminal justice agencies and other appropriate public and private agencies. The Administration shall thereafter, within a reasonable time develop and issue guidelines, based upon the need priorities established by the survey, pursuant to which project grants for training and academic assistance programs shall be made. "The Institute shall report annually to the President, the Congress, the State planning agencies, and, upon request, to units of general local government, on the research and development activities undertaken pursuant to paragraphs (1), (2), and (3) of subsection (b), and shall describe in such report the potential benefits of such activities of law enforcement and criminal justice and the results of the evaluations made pursuant to the second paragraph of this subsection. Such report shall also describe the programs of instructional assistance, the special workshops, and the training programs undertaken pursuant to paragraphs (5) and (6) of subsection (b). "SEC. 403. A grant authorized under this part may be up to 100 l)er centum of the total cost of each project for which such grant is made. The Administration or the Institute shall require, whenever feasible, as a condition of approval of a grant under this part, that the recipient contribute money, facilities, or services to carry out the purposes for which the grant is sought.

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 87 STAT. ]

PUBLIC LAW 93-83-AUG. 6, 1973

207

"SEC. 404. (a) The Director of the Federal Bureau of Investigation.

V /

o

Training programs.

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 law enforcement and criminal justice personnel; "(2) develop new or improved approaches, techniques, systems, equipment, and devices to improve and strengthen law enforcement and criminal justice; "(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 law enforcement and criminal justice personnel engaged in the investigation of crime and the apprehension of criminals. 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 unit may nominate for police training while such persons are actually employed as officers of such State or unit; and "(4) cooperate with the Institute in the exercise of its responsibilities under section 402(b)(6) of this title. " (b) I n 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. "SEC. 405. (a) Subject to the provisions of this section, the Law Enforcement Assistance Act of 1965 (79 Stat. 828) is repealed: Pro- ^^^^^f^^^^'^'vided, That— "(1) The Administration, or the Attorney General until such time as the members of the Administration are appointed, is authorized to obligate funds for the continuation of projects approved under the Law Enforcement Assistance Act of 1965 prior to the date of enactment of this Act to the extent that such approval provided for continuation. "(2) Any funds obligated under subsection (1) of this section and all activities necessary or appropriate for the review under subsection (3) of this section may be carried out with funds previously appropriated and funds appropriated pursuant to this title. " (3) Immediately upon establishment of the Administration, it shall be its duty to study, review, and evaluate projects and programs funded under the Law Enforcement Assistance Act of 1965. Continuation of projects and programs under subsections (1) and (2) of this section shall be in the discretion of the Administration. "SEC. 406. (a) Pursuant to the provisions of subsections (b) and (c) Educational of this section, the Administration is authorized, after appropriate programs. consultation with the Commissioner of Education, to carry out programs of academic educational assistance to improve and strengthen law enforcement and criminal justice. " (b) The Administration is authorized to enter into contracts to contract make, and make payments to institutions of higher education for ^"* °"*^" loans, not exceeding $2,200 per academic year to any person, to persons enrolled on a full-time basis in undergraduate or graduate programs approved by the Administration and leading to degrees or certificates in areas directly related to law enforcement and criminal justice or suitable for persons employed in law enforcement and criminal justice, with special consideration to police or correctional personnel of States or units of general local government on academic

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Page:Tom Swift and His Airship.djvu/79

Rh "Come on out in the shed and take a look at the Red Cloud," proposed the young inventor. "Mr. Sharp isn't quite ready to start yet, and I'll explain some things to you."

The big shed was deserted when the lads entered, and went to the loft where they were on a level with the big, red aluminum tank. Tom began with a description of the machinery, and Ned followed him with interest.

"Now we'll go down into the car or cabin," continued the young navigator of the air, "and I'll show you what we do when we're touring amid the clouds."

As they started to descend the flight of steps from the loft platform, a noise on the ground below attracted their attention.

"Guess that's Mr. Sharp coming," said Ned.

Tom leaned over and looked down. An instant later he grasped the arm of his chum, and motioned to him to keep silent.

"Take a look," whispered the young inventor.

"Andy Foger!" exclaimed Ned, peering over the railing.

"Yes, and Sam Snedecker and Pete Bailey are with him. They sneaked in when I left the door open. Wonder what they want?"

"Up to some mischief, I'll wager," commented Ned. "Hark! They're talking."

title: Page:Tom Swift and His Airship.djvu/79


text:
Page:United States Statutes at Large Volume 87.djvu/240

 208

Tuition and fees.

Service agreements.

Grants.

Contract authority.

PUBLIC LAW 93-83-AUG. 6, 1973

[87

STAT.

leave to earn such degrees or certificates. Loans to persons assisted under this subsection shall be made on such terms and conditions as the Administration and the institution offering such programs may determine, except that the total amount of any such loan, plus interest, shall be canceled for service as a full-time officer or employee of a law enforcement and criminal justice agency at the rate of 25 per centum of the total amount of such loans plus interest for each complete year of such service or its equivalent of such service, as determined under regulations of the Administration. "(c) The Administration is authorized to enter into contracts to make, and make, payments to institutions of higher education for tuition, books and fees, not exceeding $250 per academic quarter or $400 per semester for any person, for officers of any publicly funded law enforcement agency enrolled on a full-time or part-time basis in courses included in an undergraduate or graduate program which is approved by the Administration and which leads to a degree or certificate in an area related to law enforcement and criminal justice or an area suitable for persons employed in law enforcement and criminal justice. Assistance under this subsection may be granted only on behalf of an applicant who enters into an agreement to remain in the service of a law enforcement and criminal justice agency employing such applicant for a period of two years following completion of any course for which payments are provided under this subsection, and in the event such service is not completed, to repay the full amount of such payments on such terms and in such manner as the Administration may prescribe. " (d) Full-time teachers or persons preparing for careers as fulltime teachers of courses related to law enforcement and criminal justice or suitable for persons employed in law enforcement, in institutions of higher education which are eligible to receive funds under this section, shall be eligible to receive assistance under subsections (b) and (c) of this section as determined under regulations of the Administration. "(e) The Administration is authorized to make grants to or enter into contracts with institutions of higher education, or combinations of such institutions, to assist them in planning, developing, strengthening, improving, or carrying out programs or projects for the development or demonstration of improved methods of law enforcement and criminal justice education, including— " (1) planning for the development or expansion of undergraduate or graduate programs in law enforcement and criminal justice; "(2) education and training of faculty members; "(3) strengthening the law enforcement and criminal justice aspects of courses leading to an undergraduate, graduate, or professional degree; and "(4) research into, and development of, methods of educating students or faculty, including the preparation of teaching materials and the planning of curriculums. The amount of a grant or contract may be up to 75 per centum of the total cost of programs and projects for which a grant or contract is made. " (f) The Administration is authorized to enter into contracts to make, and make, payments to institutions of higher education for grants not exceeding $65 per week to persons enrolled on a full-time basis in undergraduate or graduate degree programs who are accepted for and serve in full-time internships in law enforcement and criminal justice agencies for not less than eight weeks during any summer

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text:
Page:United States Statutes at Large Volume 87.djvu/241

 87 STAT. ]

PUBLIC LAW 93-83-AUG. 6, 1973

recess or for any entire quarter or semester on leave from the degree program. "SEC. 407. (a) The Administration is authorized to establish and support a training program for prosecuting attorneys from State and local officers engaged in the prosecution of organized crime. The program shall be designed to develop new or improved approaches, techniques, systems, manuals, and devices to strengthen prosecutive capabilities against organized crime. " (b) While participating in the training program or traveling in connection with participation in the training program. State and local personnel shall be allowed travel expenses and a per diem allowance in the same manner as prescribed under section 5703(b) of title 5, United States Code, for persons employed intermittently in the Government service. "(c) The cost of training State and local personnel under this section shall be provided out of funds appropriated to the Administration for the purpose of such training.

209

^ ^J^"^/''"*'"^ training prog'^^™-

s7s^-^per d^J'm^' allowance. ^° ^*^*- '*^^-

" P A R T E — G R A N T S FOR CORRECTIONAL INSTITUTIONS AND F A C I L I T I E S

"SEC. 451. It is the purpose of this part to encourage States and units of general local government to develop and implement programs and projects for the construction, acquisition, and renovation of correctional institutions and facilities, and for the improvement of correctional programs and practices. "SEC. 452. A State desiring to receive a grant under this part for any fiscal year shall, consistent with the basic criteria which the Administration establishes under section 454 of this title, incorporate its application for such grant in the comprehensive State plan submitted to the Administration for that fiscal year in accordance with section 302 of this title. "SEC. 453. The Administration is authorized to make a grant under this part to a State planning agency if the application incorporated in the comprehensive State plan— " (1) sets forth a comprehensive statewide program for the construction, acquisition, or renovation of correctional institutions and facilities in the State and the improvement of correctional programs and practices throughout the State; "(2) provides satisfactory assurances that the control of the funds and title to property derived therefrom shall be in a public agency for the uses and purposes provided in this part and that a public agency will administer those funds and that property; "(3) provides satisfactory assurances that the availability of funds under this part shall not reduce the amount of funds under part C of this title which a State would, in the absence of funds under this part, allocate for purposes of this part; "(4) provides satisfactory emphasis on the development and operation of community-based correctional facilities and programs, including diagnostic services, halfway houses, probation, and other supervisory release programs for preadjudication and postadjudication referral of delincjuents, youthful offenders, and first offenders, and community-oriented programs for the supervision of parolees; "(5) provides for advanced techniques in the design of institutions and facilities; "(6) provides, where feasible and desirable, for the sharing of correctional institutions and facilities on a regional basis;

Conditions.

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Page:United States Statutes at Large Volume 87.djvu/242

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Guidelines.

Funds, allocation.

Prohibition. Funds, availability for reallocation.

PUBLIC LAW 93-83-AUG. 6, 1973

[87 STAT.

"(7) provides satisfactory assurances that the personnel standards and programs of the institutions and facilities will reflect advanced practices; " (8) provides satisfactory assurances that the State is e n g a ^ n g in projects and programs to improve the recruiting, organization, training, and education of personnel employed in correctional activities, including those of probation, parole, and rehabilitation; "(9) provides necessary arrangements for the development and operation of narcotic and alcoholism treatment programs in correctional institutions and facilities and in connection with probation or other supervisory release programs for all persons, incarcerated or on parole, who are drug addicts, drug abusers, alcoholics, or alcohol abusers; "(10) complies with the same requirements established for comprehensive State plans under paragraphs (1), (3), (5), (6), (8), (9), (10), (11), (12), (13), (14), and (15) of section 303(a) of this title; "(11) provides for accurate and complete monitoring of the progress and improvement of the correctional system. Such monitoring shall include rate of prisoner rehabilitation and rates of recidivism in comparison with previous performance of the State or local correctional systems and current performance of other State and local prison systems not included in this program; and "(12) provides that State and local governments shall submit such annual reports as the Administrator may require. "SEC. 454. The Administration shall, after consultation with the Federal Bureau of Prisons, by regulation prescribe basic criteria for applicants and grantees under this part. "In addition, the Administration shall issue guidelines for drug treatment programs in State and local prisons and for those to which persons on parole are assigned. The Administrator shall coordinate or assure coordination of the development of such guidelines with the Special Action Office For Drug Abuse Prevention. "SEC. 455. (a) The funds appropriated each fiscal year to make grants under this part shall be allocated by the Administration as follows: " (1) Fifty per centum of the funds shall be available for grants to State planning agencies. "(2) The remaining 50 per centum of the funds may be made available, as the Administration may determine, to State planning agencies, units of general local government, or combinations of such units, according to the criteria and on the terms and conditions the Administration determines consistent with this part. Any grant made from funds available under this part may be up to 90 per centum of the cost of the program or project for which such grant is made. The non-Federal funding of the cost of any program or project to be funded by a grant under this section shall be of money appropriated in the aggregate by the State or units of general local government. No funds awarded under this part may be used for land acquisition. " (b) If the Administration determines, on the basis of information available to it during any fiscal year, that a portion of the funds granted to an applicant for that fiscal year will not be required by the applicant or will become available by virtue of the application of the provisions of section 509 of this title, that portion shall be available for reallocation under paragraph (2) of subsection (a) of this section.

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 87 STAT. ]

PUBLIC LAW 93-83-AUG. 6, 1973

211

" P A R T F—ADMINISTRATIVE PROVISIONS

"SEC. 501. The Administration is authorized, after appropriate,eg"/"ion"'^ consultation with representatives of States and units of general local government, to establish such rules, regulations, and procedures as are necessary to the exercise of its functions, and are consistent with the stated purpose of this title. "SEC. 502. The Administration may delegate to any officer or official of the Administration, or, with the approval of the Attorney General, to any officer of the Department of Justice such functions as it deems appropriate. "SEC. 503. The functions, powers, and duties specified in this title to be carried out by the Administration shall not be transferred elsewhere in the Department of Justice unless specifically hereafter authorized by the Congress. "SEC. 504. In carrying out its functions, the Administration, or upon ^^^^^"^^ authorization of the Administration, any member thereof or any hearing examiner assigned to or employed by the Administration, shall have the power to hold hearings, sign and issue subpenas, administer oaths, examine witnesses, and receive evidence at any place in the United States it may designate. '' != . —. _ _.. "SEC. 505. Section 5314 of- title 5, United- States Code, is amended. ge80 Stat. 2460; stat 1 1 1. by adding at the end thereof" ' (55) Administrator of Law Enforcement Assistance.' "SEC. 506. Title 5, United States Code, is amended as follows: " (a) Section 5315(90) is amended by deleting 'Associate Adminis- s/statf'iss"?^' trator of Law Enforcement Assistance (2)' and inserting in lieu thereof 'Deputy Administrator for Policy Development of the Law Enforcement Assistance Administration'. " (b) Section 5316 of title 5, United States Code, is amended by ^"'^' ^^ ^^• adding at the end thereof the following: "'(133) Deputy Administrator for Administration of the Law Enforcement Assistance Administration.'. "(c) Section 5108(c) (10) is amended by deleting the word 'twenty' ^^ ^*^'- ^^^^• and inserting in lieu thereof the word 'twenty-two'. "SEC. 507. Subject to the civil service and classification laws, the employees.^" Administration is authorized to select, appoint, employ, and fix compensation of such officers and employees, including hearing examiners, as shall be necessary to carry out its powers and duties under this title. "SEC. 508. The Administration is authorized, on a reimbursable basis. ^^"^^^^^ ^g^"1

.

.

^

.^,,

.

'

.

,

c i e s, cooper-

when appropriate, to use the available services, equipment, personnel, ation. and facilities of the Department of Justice and of other civilian or military agencies and instrumentalities of the Federal Government (not including the Central Intelligence Agency), and to cooperate with the Department of Justice and such other agencies and instrumentalities in the establishment and use of services, equipment, personnel, and facilities of the Administration. The Administration is Non-Federai •

•

OlllCCS

further authorized to confer with and avail itself of the cooperation, utilization, services, records, and facilities of State, municipal, or other local agencies, and to receive and utilize, for the purposes of this title, property donated or transferred for the purposes of testing by any other Federal agencies. States, units of general local government, public or private agencies or organizations, institutions of higher education, or individuals. "SEC. 509. Whenever the Administration, after reasonable notice and wiVhhoTdTng'^"''^' opportunity for hearing to an applicant or a grantee under this title, of payments. finds that, with respect to any payments made or to be made under this title, there is a substantial failure to comply with—

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Page:United States Statutes at Large Volume 87.djvu/244

 212

Notice and hearing.

j-cheaHn^^ ^°'^

^^^^^^-

sJltTu'isVs.'

PUBLIC LAW 93^3-AUG. 6, 1973

[87 STAT.

" (a) the provisions of this title; "(b) regulations promulgated by the Administration under this title; or "(c) a plan or application submitted in accordance with the provisions of this title; the Administration shall notify such applicant or grantee that further payments shall not be made (or in its discretion that further payments shall not be made for activities in which there is such failure), until there is no longer such failure. "SEC. 510. (a) In carrying out the functions vested by this title in the Administration, the determinations, findings, and conclusions of the Administration shall be final and conclusive upon all applicants, except as hereafter provided. "(b) If the application has been rejected or an applicant has been denied a grant or has had a grant, or any portion of a grant, discontinued, or has been given a grant in a lesser amount than such applicant believes appropriate under the provisions of this title, the Administration shall notify the applicant or grantee of its action and set forth the reason for the action taken. Whenever an applicant or grantee requests a hearing on action taken by the Administration on an application or a grant, the Administration, or any authorized officer thereof, is authorized and directed to hold such hearings or investigations at such times and places as the Administration deems necessary, following appropriate and adequate notice to such applicant; and the findings of fact and determinations made by the Administration with respect thereto shall be final and conclusive, except as otherwise provided herein. "(c) If such applicant is still dissatisfied with the findings and determinations of the Administration, following the notice and hearing provided for in subsection (b) of this section, a request may be made for rehearing, under such regulations and procedures as the Administration may establish, and such applicant shall be aflPorded an opportunity to present such additional information as may be deemed appropriate and peitinent to the matter involved. The findings and determinations of the Administration, following such rehearing, shall be final and conclusive upon all parties concerned, except as hereafter provided. "SEC. 511. (a) If any applicant or grantee is dissatisfied with the Administration's final action with respect to the approval of its application or plan submitted under this title, or any applicant or grantee is dissatisfied with the Administration's final action under section 509 or secition 510, such applicant or grantee may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such applicant or grantee is located a petition for review of that action. A copy of the petition shall be forthwith tiunsmitted by the clerk of the court to the Administration. The Administration shall thereupon file in the court, the record of the proceedings on which the action of the Administration was based, as provided in section 2112 of title 28, United States Code. " (b) The determinations and the findings of fact by the Administration, if supported by substantial evidence, shall be conclusive; but the coiirt, for good cause shown, may remand the case to the Administration to take further evidence. The Administration may thereupon make new or modified findings of fact and may modify its previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact or determinations shall likewise be conclusive if supported by substantial evidence.

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Page:United States Statutes at Large Volume 87.djvu/245

 87

STAT.]

PUBLIC LAW 93-83-AUG. 6, 1973

"(c) Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Administration or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. "SEC. 512. Unless otherwise specified in this title, the Administration shall carry out the programs provided for in this title during the fiscal year ending June 30, 1974, and the two succeeding fiscal years. "SEC. 513. To insure that all Federal assistance to State and local programs under this title is carried out in a coordinated manner, the Administration is authorized to request any Federal department or agency to supply such statistics, data, program reports, and other material as the Administration deems necessary to carry out its functions under this title. Each such department or agency is authorized to cooperate with the Administration and, to the extent permitted by law, to furnish such materials to the Administration. Any Federal department or agency engaged in administering programs related to this title shall, to the maximum extent practicable consult with and seek advice from the Administration to insure fully coordinated efforts, and the Administration shall undertake to coordinate such efforts. "SEC. 514. The Administration may arrange with and reimburse the heads of other Federal departments and agencies for the performance of any of its functions under this title. "SEC. 515. The Administration is authorized— " (a) to conduct evaluation studies of the programs and activities assisted under this title; " (b) to collect, evaluate, publish, and disseminate statistics and other information on the condition and progress of law enforcement within and without the United States; and "(c) to cooperate with and render technical assistance to States, units of general local government, combinations of such States or units, or other public or private agencies, organizations, institutions, or international agencies in matters relating to law enforcement and criminal justice. Funds appropriated for the purposes of this section may be expended by grant or contract, as the Administration may determine to be appropriate. "SEC. 516. (a) Payments under this title may be made in installments, and in advance or by way of reimbursement, as may be determined by the Administration, and may be used to pay the transportation and subsistence expenses of persons attending conferences or other assemblages notwithstanding the provisions of the joint resolution entitled 'Joint resolution to prohibit expenditure of any moneys for housing, feeding, or transporting conventions or meetings', approved February 2, 1935 (31 U.S.C. sec. 551). " (b) Not more than 12 per centum of the sums appropriated for any fiscal year to carry out the provisions of this title may be used within any one State except that this limitation shall not apply to grants made pursuant to part D. "SEC. 517. (a) The Administration may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates of compensation for individuals not to exceed the daily equivalent of the rate authorized for GS-18 by section 6332 of title 5, United States Code. " (b) The Administration is authorized to appoint, without regard to the civil service laws, technical or other advisory committees to advise the Administration with respect to the administration of this title as it deems necessary. Members of those committees not otherwise

213

62 Stat. 928. Programs, duration. Federal agencies, cooperation.

49 Stat. 19. Restriction.

Ante, p. 205. E x p e r t s and consultants. 80 Stat. 416. 5 USC 5332 note.

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 214

5 USC 5332 note. 80 Stat. 499; 83 Stat. 190.

Discrimination prohibition.

None omplianc e.

78 Stat. 252.

Report to P r e s i d e n t and Congress.

Appropriation.

PUBLIC LAW 93.83-AUG. 6, 1973

[87 STAT.

ill the employ of the United States, while eng"aged in advising- the Administration oi- attending meetings of the committees, shall be compensated at rates to be fixed by the A(hninistration but not to exceed the daily equivalent of the r-ate authorized for GS-18 by section 5-^82 of title 5 of the United States Code and while away from home or regular place of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of such title 5 for persons in the (xoverimient service employed intermittently. "SEC. 518. (a) Nothing contained in this title or any other Act shall be construed to authorize any department, agency, officer, or employee of the United States to exer-cise any direction, supervision, or control over any police force or any other- law enforcement and criminal justice agency of any State or any political subdivision thereof. "(b) Notwithstanding any other provision of law nothing contained in this title shall be construed to authorize the Administration (1) to require, or condition the availability or amount of a grant upon, the adoption by an applicant or grantee under this title of a percentage T-atio, quota system, or- other program to achieve racial balance or to eliminate racial imbalance in any law enforcement agency, or (2) to deny or discontinue a grant because of the refusal of an applicant or grantee under this title to adopt such a ratio, system, or other program. "(c)(1) No person in any State shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. "(2) Whenever the Administration determines that a State government or any unit of general local government has failed to comply with subsection (c)(1) or an applicable regulation, it shall notify the chief executive of the State of the noncompliance and shall request the chief executive to secure compliance. If within a reasonable time after such notification the chief executive fails or refuses to secure compliance, the Administration shall exercise the powers and functions provided in section 509 of this title, and is authorized concurrently with such exercise— " (A) to institute an appropriate civil action; " (B) to exercise the powers and functions pursuant to title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d); or "(C) to take such other action as may be provided by law. "(3) Whenever the Attorney General has reason to believe that a State government or unit of local government is engaged in a pattern or practice in violation of the provisions of this section, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief. "SEC. 519. On or before December 31 of each year, the Administration shall report to the President and to the Congress on activities pursuant to the provisions of this title during the preceding fiscal year. "SEC. 520. There are authorized to be appropriated such sums as are necessary for the purposes of each part of this title, but such sums in the aggregate shall not exceed $1,000,000,000 for the fiscal year ending June 30, 1974, $1,000,000,000 for the fiscal year ending June 30, 1975, and $1,250,000,000 for the fiscal year ending June 30, 1976. Funds appropriated for any fiscal year may remain available for obligation until expended. Beginning in the fiscal year ending June 30,

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 87

STAT.]

PUBLIC LAW 93-83-AUG. 6, 1973

1972, and in each fiscal year thereafter there shall be allocated for the purposes of part E an amount equal to not less than 20 per centum of the amount allocated for the purposes of part C. "SEC. 521. (a) Each recipient of assistance under this Act shall keep such records as the Administration shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. " (b) The Administration or any of its duly authorized representatives, shall have access for purpose of audit and examinations to any books, documents, papers, and records of the recipients that are pertinent to the grants received under this title. "(c) The Comptroller General of the United States, or any of his duly authorized representatives, shall, until the expiration of three years after the completion of the program or project with which the assistance is used, have access for the purpose of audit and examination to any books, documents, papers and records of recipients of Federal assistance under this title which in the opinion of the Comptroller General may be related or pertinent to the grants, contracts, subcontracts, subgrants, or other arrangements referred to under this title. " (d) The provisions of this section shall apply to all recipients of assistance under this Act, whether by direct grant or contract from the Administration or by subgrant or subcontract from primary grantees or contractors of the Administration. "SEC. 522. Section 204(a) of the Demonstration Cities and Metropolitan Development Act of 1966 is amended by inserting 'law enforcement facilities,' immediately after 'transportation facilities,'. "SEC. 523. Any funds made available under parts B, C, and E prior to July 1, 1973, which are not obligated by a State or unit of general local government may be used to provide up to 90 percent of the cost of any program or project. The non-Federal share of the cost of any such program or project shall be of money appropriated in the aggregate by the State or units of general local government. "SEC. 524. (a) Except as provided by Federal law other than this title, no officer or employee of the Federal Government, nor any recipient of assistance under the provisions of this title shall use or reveal any research or statistical information furnished under this title by any person and identifiable to any specific private person for any purpose other than the purpose for which it was obtained in accordance with this title. Copies of such information shall be immune from legal process, and shall not, without the consent of the person furnishing such information, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceedings. " (b) All criminal history information collected, stored, or disseminated through support under this title shall contain, to the maximum extent feasible, disposition as well as arrest data where arrest data is included therein. The collection, storage, and dissemination of such information shall take place under procedures reasonably designed to insure that all such information is kept current therein; the Administration shall assure that the security and privacy of all information is adequately provided for and that information shall only be used for law enforcement and criminal justice and other lawful purposes. I n addition, an individual who believes that criminal history information concerning him contained in an automated system is inaccurate,

215 Ante, p. 209. Ante, p. 199. Recordkeeping requirements.

GAO audit.

80 Stat. 1262; 82 Stat. 208. 42 USC 3334. Ante, pp. 1 97, 209.

R e s e a r c h and statistical information, prohibition.

Criminal h i s to r y information, maintenance and dissemination.

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Page:United States Statutes at Large Volume 87.djvu/248

 216

Penalty. erf"'^cL"%^/-°^ ative agree•"^"ts40 us^c 484.

PUBLIC LAW 93-83-AUG. 6, 1973

[87 STAT.

incomplete, or maintained in violation of this title, shall, upon satisfactory verification of his identity, be entitled to review such information and to obtain a copy of it for the purpose of challenge or correction. "(c) Any pcrsou violating the provisions of this section, or of any rule, regulation, or order issued thereimder, shall be fined not to exceed $10,000. in addition to any other penalty imposed by law. "SEC. 525. The last two sentences of section 203(n) of the Federal Property aud Administrative Services Act of 1949 are amended to read as follows: 'In addition, under such cooperative agreements and subj^ct to such othcr conditions as may be imposed by the Secretary of Health, Education, and Welfare, or the Director, Office of Civil and Defense Mobilization, or the Administrator, Law Enforcement Assistance Administration, surplus property which the Administrator may approve for donation for use in any State for purposes of law enforcement programs, education, public health, or civil defense, or for research for any such purposes, prrrsuant to srrbsection (j)(3) or (j)(4), may with the approval of the Administrator be made available to the State agency after a determination by the Secretary or the Director or the Administrator, Law Enforcement Assistance Administration that such property is necessary to, or woirld facilitate, the effective operation of the State agency in performing its functions in connection with such program. Upon a determination by the Secretary or the Director or Administrator, Law Enforcement Assistance Administration, that such action is necessary to, or would facilitate, the effective use of sirch surplirs property made available under the terms of a cooper-ative agreement, title ther-eto may with the approval of the Administrator be vested in the State agency.' "PART G — DEFINITIONS

"SEC. 601. As used in this title— " (a) 'Law enforcement and criminal justice' means any activity pertaining to crime prevention, control or reduction or the enforcement of the criminal law, including, but not limited to police efforts to prevent, control, or reduce crinre or to apprehend criminals, activitives of courts having criminal jurisdiction and related agencies (including prosecutorial and defender services), activities of corrections, probation, or parole authorities, and programs relating to the prevention, control, or reduction of juvenile delinquency or narcotic addiction. "(b) 'Organized crime' means the unlawful activities of the members of a highly organized, disciplined association engaged in supplying illegal goods and services, including but not limited to gambling, prostitution, loan sharking, narcotics, labor racketeering, and other unlawful activities of members of such organizations. "(c) 'State' means any State of the United States, the District of Colrrmbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. " (d) 'LTnit of general local government' means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State, an Indian tribe which performs law enforcement functions as determined by the Secretary of the Interior, or, for the purpose of assistance eligibility, any agency of the District of Columbia government or the United States Government performing law enforcement functions in and for the District of Columbia and funds appropriated by the Congress for the activities of such agencies may be used to provide the non-Federal share of the cost of programs or projects funded rrnder this title: Provided, however, that

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Page:Tom Swift and His Airship.djvu/80

70 The two lads on the loft listened intently. Though the cronies on the ground below them did not speak loudly, their voices came plainly to the listeners.

"Let's poke a hole in their gas bag," proposed Sam. "That will make them think they're not so smart as they pretend."

"Naw, we can't do that," answered Andy.

"Why not?" declared Pete.

"Because the bag's away up in the top part of the shed, and I'm not going to climb up there."

"You're afraid," sneered Sam.

"I am not! I'll punch your face if you say that again! Besides the thing that holds the gas is made of aluminum, and we can't make a hole in it unless we take an axe, and that makes too much noise."

"We ought to play some sort of a trick on Tom Swift," proposed Pete. "He's too fresh!"

Tom shook his fist at the lads on the ground, but of course they did not see him.

"I have it!" came from Andy.

"What?" demanded his two cronies.

"We'll cut some of the guy wires from the planes and rudders. That will make the airship collapse. They'll think the wires broke from the strain. Take out your knives and saw away at the wires. Hurry, too, or they may catch us."

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Page:United States Statutes at Large Volume 87.djvu/249

 87 STAT. ]

PUBLIC LAW 93-83-AUG. 6, 1973

217

such assistance eligibility of any agency of the United States Government shall be for the sole purpose of facilitating the transfer of criminal jurisdiction from the United States District Court for the District of Columbia to the Superior Court of the District of Columbia pursuant to the District of Columbia Court Reform and Criminal Procedure Act of 1970. D.C. Code p r e c. 11-101 "(e) 'Combination' as applied to States or units of general local note. government means any grouping or joining together of such States or units for the purpose of preparing, developing, or implementing a law enforcement plan. "(f) 'Construction' means the erection, acquisition, expansion, or repair (but not including minor remodeling or minor repairs) of new or existing buildings or other physical facilities, and the acquisition or installation of initial equipment therefor. " (g) 'State organized crime prevention council' means a council composed of not more than seven persons established pursuant to State law or established by the chief executive of the State for the purpose of this title, or an existing agency so designated, which council shall be broadly representative of law enforcement officials within such State and whose members by virtue of their training or experience shall be knowledgeable in the prevention and control of organized crime. " (h) 'Metropolitan area' means a standard metropolitan statistical area as established by the Bureau of the Budget, subject, however, to such modifications and extensions as the Administration may deter,,,.,,,, mine to be appropriate. " (i) 'Public agency' means any State, unit of local government, combination of such States or units, or any department, agency, or instrumentality of any of the foregoing. " (j) 'Institution of higher education' means any such institution as defined by section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141 (a)), subject, however, to such modifications and exten- ^9 Stat. i269; sions as the Administration may determine to be appropriate. 1050.^ " (k) 'Community service officer' means any citizen with the capacity, motivation, integrity, and stability to assist in or perform police work but who may not meet ordinary standards for employment as a regular police officer selected from the immediate locality of the police department of which he is to be a part and meeting such other qualifi^"' cations promulgated in regulations pursuant to section 501 as the Administration may determine to be appropriate to further the purposes of section 301(b)(7) and this Act. "(1) The term 'correctional institution or facility' means any place for the confinement or rehabilitation of juvenile offenders or individuals charged with or convicted of criminal offenses. " (m) The term 'comprehensive' means that the plan must be a total and integrated analysis of the problems regarding the law enforcement and criminal justice system within the State; goals, priorities, and standards must be established in the plan and the plan must address methods, organization, and operation performance, physical and human resources necessary to accomplish crime prevention, identification detection, and apprehension of suspects; adjudication; custodial treatment of suspects and offenders, and institutional and noninstitutional rehabilitative measures. " (n) The term 'treatment' includes but is not limited to, medical, educational, social, psychological, and vocational services, corrective and preventive guidance and training, and other rehabilitative services designed to protect the public and benefit the addict or other user by eliminating his dependence on addicting or other drugs or by controlling his dependence, and his susceptibility to addiction or use.

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 PUBLIC LAW 93^3-AUG. 6, 1973

218

[87 STAT.

"(o) 'Criminal history information' includes records and related data, contained in an automated criminal justice informational system, compiled by law enforcement agencies for purposes of identifying criminal offenders and alleged offenders and maintaining as to such persons summaries of arrests, the nature and disposition of criminal charges, sentencing, confinement, rehabilitation and release. " P A R T H — C R I M I N A L PENALTIES

62 Stat. 749.

62 Stat. 701.

"SEC. 651. Whoever embezzles, willfully misapplies, steals, or obtains by fraud or endeavors to embezzle, willfully misapply, steal or obtain bj'^ fraud any funds, assets, or property which are the subject of a grant or contract or other form of assistance pursuant to this title, whether received directly or indirectly from the Administration, or whoever receives, conceals, or retains such funds, assets^ or property with intent to convert such funds, assets, or property to his use or gain, knowing such funds, assets, or property have been embezzled, willfully misapplied, stolen, or obtained by fraud, shall be fined not more than $10,000 or imprisoned for not more than five years, or both. "SEC. 652. Whoever knowingly and willfully falsifies, conceals, or covers up by trick, scheme, or device, any material fact in any application for assistance submitted pursuant to this title or in any records required to be maintained pursuant to this title shall be subject to prosecution under the provisions of section 1001 of title 18, United States Code. "SEC. 653. Any law enforcement and criminal justice program or project underwritten, in whole or in part, by any grant, or contract or other form of assistance pursuant to this title, whether received directly or indirectly from the Administration, shall be subject to the provisions of section 371 of title 18, United States Code. "PART

Report to President and Congress.

42 USC 3801 note. 18 USC 921 note, 3006A note, 841, 2510 note. Effective dates.

I—ATTORNEY GENERAL'S BIENNIAL REPORT OF FEDERAL L A W ENFORCEMENT AND CRIMINAL JUSTICE ACTIVITIES

"SEC. 670. The Attorney General, in consultation with the appropriate officials in the agencies involved, within 90 days of the end of each second fiscal year shall submit to the President and to the Congress a Report of Federal Law Enforcement and Criminal Justice Assistance Activities setting forth the programs conducted, expenditures made, results achieved, plans developed, and problems discovered in the operations and coordination of the various Federal assistance programs relating to crime prevention and control, including, but not limited to, the Juvenile Delinquency Prevention and Control Act of 1968, the Narcotics Addict Rehabilitation Act 1968, the Gun Control Act 1968, the Criminal Justice Act of 1964, title X I of the Organized Crime Control Act of 1970 (relating to the regulation of explosives), and title III of the Omnibus Crime Control and Safe Streets Act of 1968 (relating to wiretapping and electronic surveillance)." SEC. 3, The amendments made by this Act shall take effect on and after July 1, 1973, except that the offices and salaries modified under sections 101, 505, and 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 as amended by this Act shall be modified prospectively only, effective on and after the date of the enactment of this Act. Approved August 6, 1973.

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 87 STAT. ]

PUBLIC LAW 93-84-AUG. 6, 1973

219

Public Law 93-84 AN ACT To amend the Communications Act of 1934, to extend certain authorizations for the Corporation for Public Broadcasting and for certain construction grants for noncommercial educational television and radio broadcasting facilities, and for other purposes.

August 6, 1973 [S. i090]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section corporation for 396(k)(1) of the Communications Act of 1934 is amended to read as ^"J;^^'^ Broadcastl O l l O W S ',

Appropriation

" (k)(1) There is authorized to be appropriated for expenses of the ^''85°s|ar'643 Corporation $50,000,000 for the fiscal year ending June 30, 1974, and 47 usV 396." $60,000,000 for the fiscal year ending June 30, 1975." (b) Section 396(k)(2) of such Act is amended by striking out "1973" and inserting in lieu thereof "1975". (c) Section 391 of such Act is amended to read as follows: ^7 USC 391. "AUTHORIZATION OF APPROPRIATIONS

"SEC. 391. There are authorized to be appropriated for the fiscal year ending June 30, 1974, and for the succeeding fiscal year such sums not to exceed $25,000,000 for the fiscal year ending June 30, 1974, and $30,000,000 for the succeeding fiscal year, as may be necessary to carry out the purposes of section 390. Sums appropriated under this section for any fiscal year shall remain available for payment of grants for projects for which applications approved under section 392, have been submitted under such section prior to the end of the succeeding fiscal year." SEC. 2. (a) Section 399 of the Communications Act of 1934 is Recording of amended by inserting " (a) " after "SEC. 399." and by inserting at the 'Ti^s"a't!^°3^68"^' end thereof the following new subsection: 47 USC 399. " (b)(1) Except as provided in paragraph (2), each licensee which receives assistance under this part after the date of the enactment of this subsection shall retain an audio recording of each of its broadcasts of any program in which any issue of public importance is discussed. Each such recording shall be retained for the sixty-day period beginning on the date on which the licensee broadcasts such program. "(2) The requirements of paragraph (1) shall not apply with respect to a licensee's broadcast of a program if an entity designated by the licensee retains an audio recording of each of the licensee's broadcasts of such a program for the period prescribed by paragraph "(3) Each licensee and entity designated by a licensee under paragraph (2) which retains a recording under paragraph (1) or (2) shall, in the period during which such recording is required under such paragraph to be retained, make a copy of such recording available— " (A) to the Commission upon its request, and " (B) to any other person upon payment to the licensee or designated entity (as the case may be) of its reasonable cost of making such copy.

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 220

PUBLIC LAW 93-85-AUG. 10, 1973

[87 STAT.

"(4) The Commission shall by rule prescribe— " (A) the manner in which recordings required by this subsection shall be kept, and " (B) the conditions under which they shall be available to persons other than the Commission, giving due regard to the goals of eliminating unnecessary expense and effort and minimizing administrative burdens." (b) The section heading for such section 399 is amended by inserting at the end "; RECORDINGS OF CERTAIN rRooRAMs"'. Approved August 6, 1973. -

Public Law 93-85 August 10, 1973 [S.J. Res. 144]

Housing.

JOINT RESOLUTION rpp provide for a temporary extension of the authority of the Secretary of Housing and Urban Development with respect to the insurance of loans and mortgages, and for other purposes. Resolved by the Senate and House of Representatives States of America in Congress assembled,

of the United

EXTENSION o r FHA INSURANCE PROGRAMS 86 Stat. 906. 12 USC 1703.

SECTION 1. (a) Section 2(a) of the National Housing Act is amended by striking out "June 30, 1973" in the first sentence and inserting in lieu thereof "October 1, 1973". 12 USC 1715h. (b) Section 217 of such Act is amended by striking out "June 30, 1973" and inserting in lieu thereof "October 1, 1973". 12 USC nisi. (c) Section 221(f) of such Act is amended by striking out "June 30, 1973" in the fifth sentence and inserting in lieu thereof "October 1, 1973". 12 USC 1715Z. (d) Section 235(m) of such Act is amended by striking out "June 30, 1973" and inserting in lieu thereof "October 1, 1973". 12USei715z-l. (e) Section 236(n) of such Act is amended by striking out "June 30, 1973" and inserting in lieu thereof "October 1, 1973". 12 USC 1748h-l. (f) Section 809(f) of such Act is amended by striking out "June 30, 1973" in the second sentence and inserting in lieu thereof "October 1, 1973". 12 USC 1748h-2. (g) Section 810(k) of such Act is amended by striking out "June 30, 1973" in the second sentence and inserting in lieu thereof "October 1, 1973". 12USel749bb. (h) Section 1002(a) of such Act is amended by striking out "June 30, 1973" in the second sentence and inserting in lieu thereof "October 1, 1973". 12 USC i749aaa. ^^^ Section 1101(a) of such Act is amended by striking out "June 30, 1973" in the second sentence and inserting in lieu thereof "October 1, 1973". FLEXIBLE INTEREST RATE AUTHORITY

12 USC i^°09-i.

SEC. 2. Section 3(a) of the Act entitled "An Act to amend chapter 37 of title 38 of the United States Code wi^h respect to the veterans' home loan program, to amend the National Housing Act with respect ^^ interest rates on insured mortgages, and for other purposes," is amended by striking out "June 30, 1973" and inserting in lieu thereof "October 1, 1973".

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