Page:United States Statutes at Large Volume 93.djvu/1221

 PUBLIC LAW 96-157—DEC. 27, 1979

93 STAT. 1189

"(b) The Administration shall suspend funding for an approved application in whole or in part if such application contains a program or project which has failed to conform to the requirements or statutory objectives of this Act as evidenced by— "(1) the annual performance reports submitted to the Administration by the applicant pursuant to section 802(b) of this title; "(2) the failure of the applicant to submit annual performance reports pursuant to section 403 of this title; "(3) evaluations conducted pursuant to section 802(b); "(4) evaluations and other information provided by the National Institute of Justice. The Administration may make appropriate adjustments in the amounts of grants in accordance with its findings pursuant to this subsection, "(c) Grant funds awarded under part D shall not be used for— "(1) the purchase of equipment or hardware except as provided in section 102(7), or the payment of personnel costs, unless the cost of such purchases or payments is incurred as an incidental and necessary part of a program of proven effectiveness, a program having a record of proven success, or a program offering high probability of improving the functioning of the criminal justice system (including bulletproof vests). In determining whether to apply this limitation, consideration must be given to the extent of prior funding from any sources in that jurisdiction for substantially similar activities; "(2) programs which have as their primary purpose general salary payments for employees or classes of employees within an eligible jurisdiction, except for the compensation of personnel for time engaged in conducting or undergoing training programs or the compensation of personnel engaged in research, development, demonstration, or short-term programs; "(3) construction projects; or "(4) programs or projects which, based upon evaluations by the National Institute of Justice, Law Enforcement Assistance Administration, Bureau of Justice Statistic?, State or local agencies, and other public or private organizations, have been demonstrated to offer a low probability of improving the functioning of the criminal justice system. Such programs must be formally identified by a notice in the Federal Register after opportunity for comment. "(d) The Administration shall not finally disapprove any application submitted to the Administrator under this part, or any amendments thereof, without first affording the applicant reasonable notice and opportunity for a hearing and appeal pursuant to section 803 of this title.

Fund suspension.

Post, p. 1201.

Grant amounts, adjustment. Use. Ante, p. 1170.

Publication in Federal Register. Notice and hearing.

Post, p. 1202.

"ALLOCATION AND DISTRIBUTION OF FUNDS

"SEC. 405. (a) Of the total amount appropriated for parts D, E, and F in any fiscal year, 80 per centum shall be set aside for part D and allocated to States, units of local government, and combinations of such units as follows: "(1) The sum of $300,000 to each of the participating States as defined in section 402(a)(1) and the balance according to one of the following two formulas, whichever formula results in the larger amount: "(A) Of the remaining amount to be allocated pursuant to this part:

42 USC 3745. Ante, p. 1179; post pp. 1192, 1195.

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