
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3783]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT
 
               SUBCHAPTER VIII--ADMINISTRATIVE PROVISIONS
 
Sec. 3783. Notice and hearing on denial or termination of grant


(a) Payments to recipients; limitation, reduction, or termination

    Whenever, after reasonable notice and opportunity for a hearing on 
the record in accordance 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 promulgated under this 
    chapter; or
        (3) any application submitted in accordance with the provisions 
    of this chapter, or the provisions 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 availability of payments 
under this chapter to programs, projects, or activities not affected by 
such failure to comply.

(b) Notice of action; reasons for action; hearing or investigation; 
        finality of findings and determinations; reasons in detail for 
        action without hearing

    If any grant application submitted under part A of subchapter V of 
this chapter or under subchapter XII-A, XII-B, XII-C, or XII-I of this 
chapter has been denied, or any grant under this chapter has been 
terminated, then the Bureau of Justice Assistance, the National 
Institute of Justice, or the Bureau of Justice Statistics, as 
appropriate, shall notify the applicant of its action and set forth the 
reason for the action taken. Whenever such an applicant requests a 
hearing, the Bureau of Justice Assistance, the National Institute of 
Justice, or the Bureau of Justice Statistics, or any authorized officer 
thereof, is authorized and directed to hold such hearings or 
investigations, including hearings on the record in accordance with 
section 554 of title 5, at such times and places as necessary, following 
appropriate and adequate notice to such applicant; and the findings of 
fact and determinations made with respect thereto shall be final and 
conclusive, except as otherwise provided herein. The Bureau of Justice 
Assistance, the National Institute of Justice, or the Bureau of Justice 
Statistics is authorized to take final action without a hearing if, 
after an administrative review of the denial of such application or 
termination of such grant, it is determined that the basis for the 
appeal, if substantiated, would not establish a basis for awarding or 
continuing of the grant involved. Under such circumstances, a more 
detailed statement of reasons for the agency action should be made 
available, upon request, to the applicant.

(c) Rehearing; regulations and procedures; presentation of additional 
        information

    If the applicant involved is dissatisfied with the findings and 
determinations of the Bureau of Justice Assistance, the National 
Institute of Justice, or the Bureau of Justice Statistics following 
notice and hearing provided for in subsection (a) of this section, a 
request may be made for rehearing, under such regulations and procedure 
as the Bureau of Justice Assistance, the National Institute of Justice, 
or the Bureau of Justice Statistics may establish, and such applicant 
shall be afforded an opportunity to present such additional information 
as may be deemed appropriate and pertinent to the matter involved.

(Pub. L. 90-351, title I, Sec. 802, formerly Sec. 803, as added Pub. L. 
96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1202; renumbered Sec. 802 and 
amended Pub. L. 98-473, title II, Sec. 609B(b), Oct. 12, 1984, 98 Stat. 
2092; Pub. L. 99-570, title I, Sec. 1552(b)(3), Oct. 27, 1986, 100 Stat. 
3207-46; Pub. L. 101-647, title II, Sec. 241(b)(3), title VIII, 
Sec. 801(c)(2), Nov. 29, 1990, 104 Stat. 4813, 4826; Pub. L. 103-322, 
title IV, Sec. 40231(d)(2), title XXXIII, Sec. 330001(c), (h)(8), Sept. 
13, 1994, 108 Stat. 1934, 2138, 2139.)


                            Prior Provisions

    A prior section 802 of Pub. L. 90-351 was renumbered section 801 and 
is classified to section 3782 of this title.
    Another prior 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.


                               Amendments

    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, Sec. 801(c)(2), substituted ``, 
XII-B, or XII-C'' for ``or XII-B''.
    Pub. L. 101-647, Sec. 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 noncompliance by the Bureau of Justice 
Assistance and excluded similar provision for Law Enforcement Assistance 
Administration, substituted ``the Director involved 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 submitted under subchapter IV of 
this chapter has been denied, or any grant under this chapter has been 
terminated'' for ``If a State grant application filed under subchapter 
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, terminated or has been given a grant in a 
lesser amount that such applicant believes appropriate under the 
provisions 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 rehearings by the Bureau of 
Justice Assistance for similar provisions for Law Enforcement Assistance 
Administration; and substituted description of the party as 
``applicant'' for prior designation as ``recipient''.


                    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 Effective Date note under 
section 3711 of this title.

                          Transfer of Functions

    Effective Aug. 1, 2000, all functions of Director of Bureau of 
Justice Assistance, other than those enumerated in section 3742(3) to 
(6) of this title, transferred to Assistant Attorney General for Office 
of Justice Programs, see section 1000(a)(1) [title I, Sec. 108(b)] of 
Pub. L. 106-113, set out as a note under section 3741 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3785, 5633, 5675, 13707 of 
this title.
