34 U.S.C. § 10223 — Finality of determinations

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. Page 66 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10224 Another section 803 of Pub. L. 90–351, title III, June 19, 1968, 82 Stat. 223, amended section 605 of Title 47, Telecommunications. PRIOR PROVISIONS A prior section 803 of Pub. L. 90–351 was renumbered section 802 and is classified to section 10222 of this title. AMENDMENTS 2006—Pub. L. 109–162 struck out ‘‘, after reasonable notice and opportunity for a hearing,’’ after ‘‘conclu- sions shall’’ and ‘‘, except as otherwise provided here- in’’ before period at end. 1984—Pub. L. 98–473, § 609B(c), substituted ‘‘Bureau of Justice Assistance’’ for ‘‘Law Enforcement Assistance Administration’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 609B(c) 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. § 10224. Delegation of functions The Attorney General, the Assistant Attorney General, the Director of the National Institute of Justice, the Director of the Bureau of Justice Statistics, the Administrator of the Office of Ju- venile Justice and Delinquency Prevention, and the Director of the Bureau of Justice Assistance may delegate to any of their respective officers or employees such functions under this chapter as they deem appropriate. (Pub. L. 90–351, title I, § 805, as added Pub. L. 98–473, title II, § 609B(g), Oct. 12, 1984, 98 Stat. 2093.) Editorial Notes CODIFICATION Section was formerly classified to section 3786 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 805 of Pub. L. 90–351 was renumbered section 804 and was classified to section 3785 of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 109–162. 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. § 10225. Subpoena power; employment of hearing officers; authority to hold hearings The Assistant Attorney General, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics may appoint (to be assigned or employed on an interim or as-needed basis) such hearing exam- iners (who shall, if so designated, be understood to be comprised within the meaning of ‘‘special government employee’’ under section 202 of title 18 (without regard to the days limitation pre- scribed therein), but shall, in no event, be under- stood to be (or to have the authority of) officers of the United States) or administrative law judges or request the use of such administrative law judges selected by the Office of Personnel Management pursuant to section 3344 of title 5, as shall be necessary or convenient to assist them in carrying out their respective powers and duties under any law administered by or under the Office. The Assistant Attorney Gen- eral, the Bureau of Justice Assistance, the Na- tional Institute of Justice, and the Bureau of Justice Statistics or upon authorization, any member thereof, or (subject to such limitations as the appointing authority may, in its sole dis- cretion, impose from time to time) any hearing examiner or administrative law judge assigned to or employed thereby, shall have the power to hold hearings and issue subpoenas, administer oaths, examine witnesses, conduct examina- tions, and receive evidence at any place in the United States they respectively may designate. (Pub. L. 90–351, title I, § 806, as added Pub. L. 98–473, title II, § 609B(g), Oct. 12, 1984, 98 Stat. 2094; amended Pub. L. 117–61, § 7, Nov. 18, 2021, 135 Stat. 1479; Pub. L. 117–172, § 4(a), Aug. 16, 2022, 136 Stat. 2101.) Editorial Notes CODIFICATION Section was formerly classified to section 3787 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 806 of Pub. L. 90–351 was classified to section 3786 of Title 42, The Public Health and Welfare, prior to repeal by section 609B(e) of Pub. L. 98–473. Provisions similar to this section were contained in part in section 3788 of Title 42, The Public Health and Welfare, prior to repeal of such section by section 609B(e) of Pub. L. 98–473. AMENDMENTS 2022—Pub. L. 117–172, § 4(a)(2), in second sentence, sub- stituted ‘‘The Assistant Attorney General, the Bureau of Justice Assistance’’ for ‘‘The Attorney General, the Bureau of Justice Assistance’’ and ‘‘, or (subject to such limitations as the appointing authority may, in its sole discretion, impose from time to time) any’’ for ‘‘or any’’ and inserted comma after ‘‘thereby’’ and after ‘‘examinations’’. Pub. L. 117–172, § 4(a)(1)(E), substituted ‘‘necessary or convenient to assist them in carrying out their respec- tive powers and duties under any law administered by or under the Office’’ for ‘‘necessary to carry out their respective powers and duties under this title’’. Pub. L. 117–172, § 4(a)(1)(A)–(D), in first sentence, sub- stituted ‘‘The Assistant Attorney General, the Bureau of Justice Assistance’’ for ‘‘The Attorney General, the Bureau of Justice Assistance’’, ‘‘title 18 (without re- gard to the days limitation prescribed therein), but shall, in no event, be understood to be (or to have the authority of) officers of the United States)’’ for ‘‘title 18)’’, and ‘‘or administrative law judges’’ for ‘‘such hearing examiners or administrative law judges’’ and struck out ‘‘by the Attorney General’’ after ‘‘if so des- ignated’’.