34 U.S.C. § 10228 — Prohibition of Federal control over State

Page 68 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10227 1 See References in Text note below. 2 So in original. 3789b(a), 3789c(a) to (c), and 3789h of Title 42, The Public Health and Welfare, respectively, prior to repeal by sec- tion 609B(e) of Pub. L. 98–473. AMENDMENTS 2022—Subsec. (e). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5.’’ for ‘‘the Federal Advisory Committee Act (5 U.S.C. App.).’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as a 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. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 10227. Title to personal property Notwithstanding any other provision of law, title to all expendable and nonexpendable per- sonal property purchased with funds made avail- able under this chapter, including such property purchased with funds made available under this chapter as in effect before October 12, 1984, shall vest in the criminal justice agency or nonprofit organization that purchased the property if it certifies to the State office responsible for the trust fund required by section 10158 of this title, or the State office described in section 1408 1,,2 as the case may be, that it will use the property for criminal justice purposes. If such certification is not made, title to the property shall vest in the State office, which shall seek to have the prop- erty used for criminal justice purposes else- where in the State prior to using it or disposing of it in any other manner. (Pub. L. 90–351, title I, § 808, as added Pub. L. 98–473, title II, § 609B(g), Oct. 12, 1984, 98 Stat. 2095; amended Pub. L. 99–570, title I, § 1552(b)(4), Oct. 27, 1986, 100 Stat. 3207–46; Pub. L. 101–647, title II, § 241(b)(4), Nov. 29, 1990, 104 Stat. 4813; Pub. L. 103–322, title XXXIII, § 330001(h)(10), Sept. 13, 1994, 108 Stat. 2139; Pub. L. 109–162, title XI, § 1111(c)(2)(E), Jan. 5, 2006, 119 Stat. 3102.) Editorial Notes REFERENCES IN TEXT Section 1408, referred to in text, is section 1408 of Pub. L. 90–351, which was classified to section 3796aa–7 of Title 42, The Public Health and Welfare, prior to re- peal by Pub. L. 103–322, title IV, § 40156(c)(8), Sept. 13, 1994, 108 Stat. 1924. CODIFICATION Section was formerly classified to section 3789 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. PRIOR PROVISIONS A prior section 808 of Pub. L. 90–351, title I, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1204, amended section 5314 of Title 5, Government Organization and Employees, prior to repeal by section 609B(e) of Pub. L. 98–473. AMENDMENTS 2006—Pub. L. 109–162 substituted ‘‘the State office re- sponsible for the trust fund required by section 3757 of this title, or the State office described in section 3796aa–7 of this title,’’ for ‘‘the State office described in section 3757 or 3796aa–7 of this title’’. 1994—Pub. L. 103–322 substituted ‘‘3757’’ for ‘‘3748, 3796o,’’. 1990—Pub. L. 101–647 substituted ‘‘, 3796o, or 3796aa–7 of this title’’ for ‘‘or 3796o of this title’’. 1986—Pub. L. 99–570 inserted reference to section 3796o of this title and ‘‘, as the case may be,’’. 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 Section effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as a note under section 10101 of this title. § 10228. Prohibition of Federal control over State and local criminal justice agencies; prohibi- tion of discrimination (a) General rule Nothing in this chapter or any other Act shall be construed to authorize any department, agen- cy, officer, or employee of the United States to exercise any direction, supervision, or control over any police force or any other criminal jus- tice agency of any State or any political sub- division thereof. (b) Racial imbalance requirement restriction Notwithstanding any other provision of law, nothing contained in this chapter shall be con- strued to authorize the National Institute of Justice, the Bureau of Justice Statistics, or the Law Enforcement Assistance Administration— (1) to require, or condition the availability or amount of a grant upon the adoption by an applicant or grantee under this chapter of a percentage ratio, quota system, or other pro- gram to achieve racial balance in any criminal justice agency; or (2) to deny or discontinue a grant because of the refusal of an applicant or grantee under this chapter to adopt such a ratio, system, or other program. Page 69 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10228 (c) Discrimination prohibited; notice of non-com- pliance; suspension and restoration of pay- ments; hearing; civil action by Attorney Gen- eral; private action, attorney fees, interven- tion by Attorney General (1) No person in any State shall on the ground of race, color, religion, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under or denied employment in connection with any programs or activity funded in whole or in part with funds made available under this chap- ter. (2)(A) Whenever there has been— (i) receipt of notice of a finding, after notice and opportunity for a hearing, by a Federal court (other than in an action brought by the Attorney General) or State court, or by a Fed- eral or State administrative agency, to the ef- fect that there has been a pattern or practice of discrimination in violation of paragraph (1); or (ii) a determination after an investigation by the Office of Justice Programs (prior to a hearing under subparagraph (F) but including an opportunity for the State government or unit of local government to make a documen- tary submission regarding the allegation of discrimination with respect to such program or activity, with funds made available under this chapter) that a State government or unit of local government is not in compliance with paragraph (1); the Office of Justice Programs shall, within ten days after such occurrence, notify the chief ex- ecutive of the affected State, or the State in which the affected unit of local government is located, and the chief executive of such unit of local government, that such program or activity has been so found or determined not to be in compliance with paragraph (1), and shall request each chief executive, notified under this sub- paragraph with respect to such violation, to se- cure compliance. For purposes of clause (i) a finding by a Federal or State administrative agency shall be deemed rendered after notice and opportunity for a hearing if it is rendered pursuant to procedures consistent with the pro- visions of subchapter II of chapter 5 of title 5. (B) In the event the chief executive secures compliance after notice pursuant to subpara- graph (A), the terms and conditions with which the affected State government or unit of local government agrees to comply shall be set forth in writing and signed by the chief executive of the State, by the chief executive of such unit (in the event of a violation by a unit of local gov- ernment), and by the Office of Justice Programs. On or prior to the effective date of the agree- ment, the Office of Justice Programs shall send a copy of the agreement to each complainant, if any, with respect to such violation. The chief executive of the State, or the chief executive of the unit (in the event of a violation by a unit of local government) shall file semiannual reports with the Office of Justice Programs detailing the steps taken to comply with the agreement. These reports shall cease to be filed upon the de- termination of the Office of Justice Programs that compliance has been secured, or upon the determination by a Federal or State court that such State government or local governmental unit is in compliance with this section. Within fifteen days of receipt of such reports, the Office of Justice Programs shall send a copy thereof to each such complainant. (C) If, at the conclusion of ninety days after notification under subparagraph (A)— (i) compliance has not been secured by the chief executive of that State or the chief exec- utive of that unit of local government; and (ii) an administrative law judge has not made a determination under subparagraph (F) that it is likely the State government or unit of local government will prevail on the merits; the Office of Justice Programs shall notify the Attorney General that compliance has not been secured and caused to have suspended further payment of any funds under this chap- ter to that program or activity. Such suspen- sion shall be limited to the specific program or activity cited by the Office of Justice Pro- grams in the notice under subparagraph (A). Such suspension shall be effective for a period of not more than one hundred and twenty days, or, if there is a hearing under subpara- graph (G), not more than thirty days after the conclusion of such hearing, unless there has been an express finding by the Office of Jus- tice Programs, after notice and opportunity for such a hearing, that the recipient is not in compliance with paragraph (1). (D) Payment of the suspended funds shall re- sume only if— (i) such State government or unit of local government enters into a compliance agree- ment approved by the Office of Justice Pro- grams and the Attorney General in accordance with subparagraph (B); (ii) such State government or unit of local government complies fully with the final order or judgment of a Federal or State court, or by a Federal or State administrative agency if that order or judgment covers all the matters raised by the Office of Justice Programs in the notice pursuant to subparagraph (A), or is found to be in compliance with paragraph (1) by such court; or (iii) after a hearing the Office of Justice Pro- grams pursuant to subparagraph (F) finds that noncompliance has not been demonstrated. (E) Whenever the Attorney General files a civil action alleging a pattern or practice of dis- criminatory conduct on the basis of race, color, religion, national origin, or sex in any program or activity of a State government or unit of local government which State government or unit of local government receives funds made available under this chapter, and the conduct al- legedly violates the provisions of this section and neither party within forty-five days after such filing has been granted such preliminary relief with regard to the suspension or payment of funds as may be otherwise available by law, the Office of Justice Programs shall cause to have suspended further payment of any funds under this chapter to that specific program or activity alleged by the Attorney General to be in violation of the provisions of this subsection until such time as the court orders resumption of payment. Page 70 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10228 1 See References in Text note below. (F) Prior to the suspension of funds under sub- paragraph (C), but within the ninety-day period after notification under subparagraph (C), the State government or unit of local government may request an expedited preliminary hearing on the record in accordance with section 554 of title 5, in order to determine whether it is likely that the State government or unit of local gov- ernment would, at a full hearing under subpara- graph (G), prevail on the merits on the issue of the alleged noncompliance. A finding under this subparagraph by the administrative law judge in favor of the State government or unit of local government shall defer the suspension of funds under subparagraph (C) pending a finding of non- compliance at the conclusion of the hearing on the merits under subparagraph (G). (G)(i) At any time after notification under subparagraph (A), but before the conclusion of the one-hundred-and-twenty-day period referred to in subparagraph (C), a State government or unit of local government may request a hearing on the record in accordance with section 554 of title 5, which the Office of Justice Programs shall initiate within sixty days of such request. (ii) Within thirty days after the conclusion of the hearing, or, in the absence of a hearing, at the conclusion of the one-hundred-and-twenty- day period referred to in subparagraph (C), the Office of Justice Programs shall make a finding of compliance or noncompliance. If the Office of Justice Programs makes a finding of noncompli- ance, the Office of Justice Programs shall notify the Attorney General in order that the Attorney General may institute a civil action under para- graph (3), cause to have terminated the payment of funds under this chapter, and, if appropriate, seek repayment of such funds. (iii) If the Office of Justice Programs makes a finding of compliance, payment of the suspended funds shall resume as provided in subparagraph (D). (H) Any State government or unit of local gov- ernment aggrieved by a final determination of the Office of Justice Programs under subpara- graph (G) may appeal such determination as provided in section 804 1. (3) Whenever the Attorney General has reason to believe that a State government or unit of local government has engaged in or is engaging in a pattern or practice in violation of the provi- sions of this section, the Attorney General may bring a civil action in an appropriate United States district court. Such court may grant as relief any temporary restraining order, prelimi- nary or permanent injunction, or other order, as necessary or appropriate to insure the full en- joyment of the rights described in this section, including the suspension, termination, or repay- ment of such funds made available under this chapter as the court may deem appropriate, or placing any further such funds in escrow pend- ing the outcome of the litigation. (4)(A) Whenever a State government or unit of local government, or any officer or employee thereof acting in an official capacity, has en- gaged or is engaging in any act or practice pro- hibited by this subsection, a civil action may be instituted after exhaustion of administrative remedies by the person aggrieved in an appro- priate United States district court or in a State court of general jurisdiction. Administrative remedies shall be deemed to be exhausted upon the expiration of sixty days after the date the administrative complaint was filed with the Of- fice of Justice Programs or any other adminis- trative enforcement agency, unless within such period there has been a determination by the Of- fice of Justice Programs or the agency on the merits of the complaint, in which case such rem- edies shall be deemed exhausted at the time the determination becomes final. (B) In any civil action brought by a private person to enforce compliance with any provision of this subsection, the court may grant to a pre- vailing plaintiff reasonable attorney fees, unless the court determines that the lawsuit is frivo- lous, vexatious, brought for harassment pur- poses, or brought principally for the purpose of gaining attorney fees. (C) In any action instituted under this section to enforce compliance with paragraph (1), the Attorney General, or a specially designated as- sistant for or in the name of the United States, may intervene upon timely application if he cer- tifies that the action is of general public impor- tance. In such action the United States shall be entitled to the same relief as if it had instituted the action. (Pub. L. 90–351, title I, § 809, formerly § 815, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1206; renumbered § 809 and amended Pub. L. 98–473, title II, § 609B(f), (h)), Oct. 12, 1984, 98 Stat. 2093, 2095; Pub. L. 103–322, title XXXIII, § 330001(h)(11), Sept. 13, 1994, 108 Stat. 2139.) Editorial Notes REFERENCES IN TEXT Section 804, referred to in subsec. (c)(2)(H), is section 804 of title I of Pub. L. 90–351, which was classified to section 3785 of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 109–162, title XI, § 1155(3), Jan. 5, 2006, 119 Stat. 3114. CODIFICATION Section was formerly classified to section 3789d of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS Provisions similar to this section were contained in former section 3766 of Title 42, The Public Health and Welfare, prior to the general amendment of this chap- ter by Pub. L. 96–157. A prior section 809 of Pub. L. 90–351, title I, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1204, amended section 5315 of Title 5, Government Organization and Employees, prior to repeal by section 609B(e) of Pub. L. 98–473. AMENDMENTS 1994—Subsec. (c)(2)(H). Pub. L. 103–322 substituted ‘‘804’’ for ‘‘805’’. 1984—Subsec. (a). Pub. L. 98–473, § 609B(h)(2), struck out ‘‘contained’’ after ‘‘Nothing’’. Subsec. (c). Pub. L. 98–473, § 609B(h)(3), substituted ‘‘Office of Justice Programs’’ for ‘‘Office of Justice As- sistance, Research, and Statistics’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 609B(h) of Pub. L. 98–473 effec- tive Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, Page 71 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10230 set out as an Effective Date note under section 10101 of this title. § 10229. Report to President and Congress Not later than April 1 of each year, the Assist- ant Attorney General, the Director of the Bu- reau of Justice Assistance, the Director of the Bureau of Justice Statistics, and the Director of the National Institute of Justice shall each sub- mit a report to the President and to the Speaker of the House of Representatives and the Presi- dent of the Senate, on their activities under this chapter during the fiscal year next preceding such date. (Pub. L. 90–351, title I, § 810, formerly § 816, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1209; renumbered § 810 and amended Pub. L. 98–473, title II, § 609B(f), (i), Oct. 12, 1984, 98 Stat. 2093, 2095.) Editorial Notes CODIFICATION Section was formerly classified to section 3789e of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 810 of Pub. L. 90–351 was classified to section 3788 of Title 42, The Public Health and Welfare, prior to repeal by section 609B(e) of Pub. L. 98–473. AMENDMENTS 1984—Pub. L. 98–473, § 609B(i), substituted requirement of individual reports by certain officials of listed agen- cies to the President and the Speaker of the House and President of the Senate for former subsec. (a) through (e) provisions which included requirement of an annual report on or before March 31 of each year to the Presi- dent and Committees on the Judiciary of the Senate and the House, including description of scope of cov- erage; report covering receipt and compilation of eval- uations, statistics, and performance reports, com- prehensive statistics, analyses, and findings respecting attainment of described objectives; plan for collection, analysis, and evaluation of data for measurement of progress in prescribed and additional areas, definition of ‘‘comprehensive statistics’’ and ‘‘reasonably ex- pected contribution’’; attainment of reasonably ex- pected contribution in prescribed and added areas; and data collection, including minimum duplication. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 609B(i) of Pub. L. 98–473 effec- tive Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as an Effective 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. § 10230. Other administrative provisions (a) Recordkeeping requirement; scope of disclo- sure; other sources of funds Each recipient of funds under this chapter shall keep such records as the Office of Justice Programs shall prescribe, including records which fully disclose the amount and disposition by such recipient of the funds, the total cost of the project or undertaking for which such funds are 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 fa- cilitate an effective audit. (b) Access to records for audit and examination The Office of Justice Programs or any of its duly authorized representatives, shall have ac- cess for purpose of audit and examination of any books, documents, papers, and records of the re- cipients of funds under this chapter which in the opinion of the Office of Justice Programs may be related or pertinent to the grants, contracts, subcontracts, subgrants, or other arrangements referred to under this chapter. (c) Audit and examination period after comple- tion of program or project 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 funds under this chapter which in the opinion of the Comptroller General may be re- lated or pertinent to the grants, contracts, sub- contracts, subgrants, or other arrangements re- ferred to under this chapter. (d) Recipients of assistance subject to provisions of section The provisions of this section shall apply to all recipients of assistance under this chapter, whether by direct grant, cooperative agreement, or contract under this chapter or by subgrant or subcontract from primary grantees or contrac- tors under this chapter. (e) Revolving fund for acquisition of stolen goods and property within Bureau of Justice As- sistance There is hereby established within the Bureau of Justice Assistance a revolving fund for the purpose of supporting projects that will acquire stolen goods and property in an effort to disrupt illicit commerce in such goods and property. Notwithstanding any other provision of law, any income or royalties generated from such projects together with income generated from any sale or use of such goods or property, where such goods or property are not claimed by their lawful owner, shall be paid into the revolving fund. Where a party establishes a legal right to such goods or property, the Administrator of the fund may in his discretion assert a claim against the property or goods in the amount of Federal funds used to purchase such goods or property. Proceeds from such claims shall be paid into the revolving fund. The Administrator is authorized to make disbursements by appro- priate means, including grants, from the fund for the purpose of this section. (Pub. L. 90–351, title I, § 811, formerly § 817, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1212; renumbered § 811 and amended Pub. L. 98–473, title II, § 609B(f), (j), Oct. 12, 1984, 98 Stat.