34 U.S.C. § 10222 — Notice and hearing on denial or termi-

Page 64 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10222 (3) their cost in relation to their effective- ness in achieving stated goals; (4) their impact on communities and partici- pants; and (5) their implication for related programs. In conducting evaluations described in this sub- section, the Bureau of Justice Assistance shall, when practical, compare the effectiveness of programs conducted by similar applicants and different applicants. The Bureau of Justice As- sistance shall also require applicants under part A of subchapter V to submit an annual perform- ance report concerning activities carried out pursuant to part A of subchapter V together with an assessment by the applicant of the effec- tiveness of those activities in achieving the pur- poses of such part A and the relationships of those activities to the needs and objectives spec- ified by the applicant in the application sub- mitted pursuant to section 10153 of this title. Such report shall include details identifying each applicant that used any funds to purchase any cruiser, boat, or helicopter and, with respect to such applicant, specifying both the amount of funds used by such applicant for each purchase of any cruiser, boat, or helicopter and a jus- tification of each such purchase (and the Bureau of Justice Assistance shall submit to the Com- mittee of the Judiciary of the House of Rep- resentatives and the Committee of the Judiciary of the Senate, promptly after preparation of such report a written copy of the portion of such report containing the information required by this sentence). The Bureau shall suspend fund- ing for an approved application under part A of subchapter V if an applicant fails to submit such an annual performance report. (c) Procedures for paperwork minimization and prevention of duplication and delays in award and expenditure of funds The procedures established to implement the provisions of this chapter shall minimize paper- work and prevent needless duplication and un- necessary delays in award and expenditure of funds at all levels of government. (Pub. L. 90–351, title I, § 801, formerly § 802, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1201; renumbered § 801 and amended Pub. L. 98–473, title II, § 609B(b), Oct. 12, 1984, 98 Stat. 2091; Pub. L. 99–570, title I, § 1552(b)(2), Oct. 27, 1986, 100 Stat. 3207–46; Pub. L. 101–647, title II, § 241(b)(2), title VIII, § 801(c)(1), Nov. 29, 1990, 104 Stat. 4813, 4826; Pub. L. 103–322, title IV, § 40231(d)(1), title XXXIII, § 330001(h)(7), Sept. 13, 1994, 108 Stat. 1934, 2139; Pub. L. 109–162, title XI, § 1111(c)(2)(D), Jan. 5, 2006, 119 Stat. 3102.) Editorial Notes CODIFICATION Section was formerly classified to section 3782 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification. Another section 801 of Pub. L. 90–351, title III, June 19, 1968, 82 Stat. 211, is set out as a note under section 2510 of Title 18, Crimes and Criminal Procedure. PRIOR PROVISIONS A prior section 801 of Pub. L. 90–351 was classified to section 3781 of Title 42, The Public Health and Welfare, prior to repeal by section 609B(a) of Pub. L. 98–473. AMENDMENTS 2006—Subsec. (b). Pub. L. 109–162 substituted ‘‘the purposes of such part A’’ for ‘‘the purposes of section 3751 of this title’’ and ‘‘the application submitted pur- suant to section 3752 of this title. Such report shall in- clude details identifying each applicant that used any funds to purchase any cruiser, boat, or helicopter and, with respect to such applicant, specifying both the amount of funds used by such applicant for each pur- chase of any cruiser, boat, or helicopter and a justifica- tion of each such purchase (and the Bureau of Justice Assistance shall submit to the Committee of the Judi- ciary of the House of Representatives and the Com- mittee of the Judiciary of the Senate, promptly after preparation of such report a written copy of the portion of such report containing the information required by this sentence)’’ for ‘‘the application submitted pursu- ant to section 3753 of this title’’ in concluding provi- sions. 1994—Subsec. (b). Pub. L. 103–322, in introductory pro- visions substituted ‘‘subchapters’’ for ‘‘subchapters IV,’’ and ‘‘XII–C, and XII–I’’ for ‘‘and XII–C’’, and in concluding provisions substituted ‘‘part A of sub- chapter V’’ for ‘‘subchapter IV’’ wherever appearing, ‘‘3751’’ for ‘‘3743(a)’’, and ‘‘3753’’ for ‘‘3743’’. 1990—Subsec. (b). Pub. L. 101–647, § 801(c)(1), sub- stituted ‘‘XII–B, and XII–C’’ for ‘‘and XII–B’’. Pub. L. 101–647, § 241(b)(2), substituted ‘‘XII–A, and XII–B’’ for ‘‘and XII–A’’. 1986—Subsec. (b). Pub. L. 99–570 inserted reference to subchapter XII–A of this chapter in introductory provi- sions. 1984—Subsec. (a). Pub. L. 98–473 in amending subsec. (a) generally, substituted ‘‘Office of Justice Programs’’ for ‘‘Office of Justice Assistance, Research, and Statis- tics’’ and ‘‘Bureau of Justice Assistance’’ for ‘‘Law En- forcement Assistance Administration’’ and also in- cluded authority for the Office of Juvenile Justice and Delinquency Prevention to establish rules, regulations, and procedures for exercise of its functions. Subsec. (b). Pub. L. 98–473 in amending subsec. (b) generally, substituted ‘‘Bureau of Justice Assistance’’ for ‘‘Law Enforcement Assistance Administration’’ wherever appearing; provided for consultations with the Office of Juvenile Justice and Delinquency Preven- tion; and struck out provisions respecting: rules, regu- lations, and procedures affecting national priority grant programs or projects; evaluations in addition to the requirements of former sections 3743 and 3744 of this title; and requirement for comparison of effective- ness of formula grant programs or projects of States or local units of government with similar national pri- ority and discretionary grant programs or projects. Subsec. (c). Pub. L. 98–473 in amending section gen- erally, reenacted subsec. (c) without change. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–162 applicable with re- spect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109–162, set out as a note under section 10151 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as an Ef- fective Date note under section 10101 of this title. § 10222. Notice and hearing on denial or termi- nation of grant Whenever, after reasonable notice and oppor- tunity for a hearing on the record in accordance Page 65 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10223 with section 554 of title 5, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics finds that a recipient of assistance under this chapter has failed to comply substantially with— (1) any provisions of this chapter; (2) any regulations or guidelines promul- gated under this chapter; or (3) any application submitted in accordance with the provisions of this chapter, or the pro- visions of any other applicable Federal Act; the Director involved shall, until satisfied that there is no longer any such failure to comply, terminate payments to the recipient under this chapter, reduce payments to the recipient under this chapter by an amount equal to the amount of such payments which were not expended in accordance with this chapter, or limit the avail- ability of payments under this chapter to pro- grams, projects, or activities not affected by such failure to comply. (Pub. L. 90–351, title I, § 802, formerly § 803, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1202; renumbered § 802 and amended Pub. L. 98–473, title II, § 609B(b), Oct. 12, 1984, 98 Stat. 2092; Pub. L. 99–570, title I, § 1552(b)(3), Oct. 27, 1986, 100 Stat. 3207–46; Pub. L. 101–647, title II, § 241(b)(3), title VIII, § 801(c)(2), Nov. 29, 1990, 104 Stat. 4813, 4826; Pub. L. 103–322, title IV, § 40231(d)(2), title XXXIII, § 330001(c), (h)(8), Sept. 13, 1994, 108 Stat. 1934, 2138, 2139; Pub. L. 107–273, div. C, title I, § 11012, Nov. 2, 2002, 116 Stat. 1823; Pub. L. 109–162, title XI, § 1155(1), Jan. 5, 2006, 119 Stat. 3113.) Editorial Notes CODIFICATION Section was formerly classified to section 3783 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification. Another section 802 of Pub. L. 90–351, title III, June 19, 1968, 82 Stat. 212–223, enacted sections 2510 to 2520 of Title 18, Crimes and Criminal Procedure. PRIOR PROVISIONS A prior section 802 of Pub. L. 90–351 was renumbered section 801 and is classified to section 10221 of this title. AMENDMENTS 2006—Pub. L. 109–162 struck out subsec. (a) designa- tion before ‘‘Whenever, after reasonable notice’’, struck out subsec. (b) which related to notice of and reasons for action, hearing or investigation, and finality of findings and determinations, and struck out subsec. (c) which related to rehearing, regulations and procedures, and presentation of additional information. 2002—Subsec. (b). Pub. L. 107–273, which directed amendment of subsec. (b) by substituting ‘‘T,’’ for ‘‘U,’’ in the original, was executed by substituting ‘‘XII–H’’ for ‘‘XII–I’’ in text to reflect the probable intent of Congress, notwithstanding that ‘‘U’’ was not followed by a comma in the original. 1994—Subsec. (b). Pub. L. 103–322 substituted ‘‘part A of subchapter V of this chapter or under subchapter XII–A, XII–B, XII–C, or XII–I’’ for ‘‘subchapter IV, XII–A,, XII–B, or XII–C’’. 1990—Subsec. (b). Pub. L. 101–647, § 801(c)(2), sub- stituted ‘‘, XII–B, or XII–C’’ for ‘‘or XII–B’’. Pub. L. 101–647, § 241(b)(3), substituted ‘‘, XII–A, or XII–B’’ for ‘‘or XII–A’’. 1986—Subsec. (b). Pub. L. 99–570 inserted reference to subchapter XII–A of this chapter. 1984—Subsec. (a). Pub. L. 98–473 in amending subsec. (a) generally, included provision for finding of non- compliance by the Bureau of Justice Assistance and ex- cluded similar provision for Law Enforcement Assist- ance Administration, substituted ‘‘the Director in- volved shall, until satisfied that there is no longer any such failure to comply,’’ for ‘‘they, until satisfied that there is no longer any such failure to comply, shall—’’, and struck out designations ‘‘(A)’’ before ‘‘terminate payment’’, ‘‘(B)’’ before ‘‘reduce payments’’, and ‘‘(C)’’ before ‘‘limit the availability of payments’’. Subsec. (b). Pub. L. 98–473 in amending subsec. (b) generally, substituted ‘‘If any grant application sub- mitted under subchapter IV of this chapter has been de- nied, or any grant under this chapter has been termi- nated’’ for ‘‘If a State grant application filed under sub- chapter IV of this chapter or any grant application filed under any other subchapter of this chapter has been rejected or a State applicant under subchapter IV of this chapter or applicant under any other subchapter of this chapter has been denied a grant or has had a grant, or any portion of a grant, discontinued, termi- nated or has been given a grant in a lesser amount that such applicant believes appropriate under the provi- sions of this chapter’’ struck out ‘‘or grantee’’ after ‘‘notify the applicant’’ and before ‘‘requests a hearing’’; substituted requirement for notice by the Bureau of Justice Assistance rather than the Law Enforcement Assistance Administration; and inserted provisions for taking final action without hearing but requiring a more detailed statement of reasons for agency action to be made available to the applicant. Subsec. (c). Pub. L. 98–473 in amending subsec. (c) generally, substituted provisions for findings and re- hearings by the Bureau of Justice Assistance for simi- lar provisions for Law Enforcement Assistance Admin- istration; and substituted description of the party as ‘‘applicant’’ for prior designation as ‘‘recipient’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as an Ef- fective Date note under section 10101 of this title. TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bu- reau of Justice Assistance, other than those enumer- ated in section 10142(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Pro- grams, see section 1000(a)(1) [title I, § 108(b)] of Pub. L. 106–113, set out as a note under section 10141 of this title. § 10223. Finality of determinations In carrying out the functions vested by this chapter in the Bureau of Justice Assistance, the Bureau of Justice Statistics, or the National In- stitute of Justice, their determinations, find- ings, and conclusions shall be final and conclu- sive upon all applications. (Pub. L. 90–351, title I, § 803, formerly § 804, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1203; renumbered § 803 and amended Pub. L. 98–473, title II, § 609B(c), (f), Oct. 12, 1984, 98 Stat. 2093; Pub. L. 109–162, title XI, § 1155(2), Jan. 5, 2006, 119 Stat. 3113.) Editorial Notes CODIFICATION Section was formerly classified to section 3784 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section.