
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3797]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT
 
          SUBCHAPTER XIII--TRANSITION; EFFECTIVE DATE; REPEALER
 
Sec. 3797. Continuation of rules, authorities, and proceedings


(a) Continuing status until otherwise affected

    (1) All orders, determinations, rules, regulations, and instructions 
of the Law Enforcement Assistance Administration which are in effect on 
December 27, 1979, shall continue in effect according to their terms 
until modified, terminated, superseded, set aside, or revoked by the 
President or the Attorney General, the Office of Justice Assistance, 
Research, and Statistics or the Director of the Bureau of Justice 
Statistics, the National Institute of Justice, or the Administrator of 
the Law Enforcement Assistance Administration with respect to their 
functions under this chapter or by operation of law.
    (2) All orders, determinations, rules, regulations, and instructions 
issued under this chapter which are in effect on October 12, 1984, shall 
continue in effect according to their terms until modified, terminated, 
superseded, set aside, or revoked by the President, the Attorney 
General, the Assistant Attorney General, the Director of the Bureau of 
Justice Statistics, the Director of the National Institute of Justice, 
the Administrator of the Office of Juvenile Justice and Delinquency 
Prevention, or the Director of the Bureau of Justice Assistance with 
respect to their functions under this chapter or by operation of law.

(b) Obligation by Director of National Institute of Justice of 
        previously appropriated unused or reversionary funds for 
        continuation of research and development projects or purposes of 
        this chapter

    The Director of the National Institute of Justice may award new 
grants, enter into new contracts or cooperative agreements, or otherwise 
obligate previously appropriated unused or reversionary funds for the 
continuation of research and development projects in accordance with the 
provisions of this chapter as in effect on the day before December 27, 
1979, based upon applications received under this chapter before 
December 27, 1979, or for purposes consistent with provisions of this 
chapter.

(c) Obligation by Director of Bureau of Justice Statistics of pre-fiscal 
        year 1980 appropriated funds for statistical projects or 
        purposes of this chapter

    The Director of the Bureau of Justice Statistics may award new 
grants, enter into new contracts or cooperative agreements or otherwise 
obligate funds appropriated for fiscal years before 1980 for statistical 
projects to be expended in accordance with the provisions of this 
chapter, as in effect on the day before December 27, 1979, based upon 
applications received under this chapter before December 27, 1979, or 
for purposes consistent with provisions of this chapter.

(d) Obligation by Administrator of Law Enforcement Assistance 
        Administration of previously appropriated unused or reversionary 
        funds or presently appropriated funds for continuation of 
        projects or purposes of this chapter

    The Administrator of the Law Enforcement Assistance Administration 
may award new grants, enter into new contracts or cooperative 
agreements, approve comprehensive plans for the fiscal year beginning 
October 1, 1979, and otherwise obligate previously appropriated unused 
or reversionary funds or funds appropriated for the fiscal year 
beginning October 1, 1979, for the continuation of projects in 
accordance with the provisions of this chapter, as in effect on the day 
before December 27, 1979, or for purposes consistent with provisions of 
this chapter.

(e) Pending suits, actions, or other proceedings unaffected

    The amendments made to this chapter by the Justice System 
Improvement Act of 1979 shall not affect any suit, action, or other 
proceeding commenced by or against the Government before December 27, 
1979.

(f) Appropriated funds available for audit matters and continuing 
        programs and projects

    Nothing in this chapter prevents the utilization of funds 
appropriated for purposes of this chapter for all activities necessary 
or appropriate for the review, audit, investigation, and judicial or 
administrative resolution of audit matters for those grants or contracts 
that were awarded under this chapter. The final disposition and 
dissemination of program and project accomplishments with respect to 
programs and projects approved in accordance with this chapter, as in 
effect before December 27, 1979, which continue in operation beyond 
December 27, 1979, may be carried out with funds appropriated for 
purposes of this chapter.

(g) Transfer of personnel pursuant to performance-of-functions standard; 
        determination of interim positions for Administrator and Deputy 
        Administrators by Attorney General

    Except as otherwise provided in this chapter, the personnel employed 
on December 27, 1979, by the Law Enforcement Assistance Administration 
are transferred as appropriate to the Office of Justice Assistance, 
Research, and Statistics, the National Institute of Justice or the 
Bureau of Justice Statistics, considering the function to be performed 
by these organizational units and the functions previously performed by 
the employee. Determinations as to specific positions to be filled in an 
acting capacity for a period of not more than ninety days by the 
Administrator and Deputy Administrators employed on December 27, 1979, 
may be made by the Attorney General notwithstanding any other provision 
of law.

(h) Unobligated funds of a State or unit of local government available 
        for cost of any program or project

    Any funds made available under subchapters II, III, and V \1\ of 
this chapter, as in effect before December 27, 1979, which are not 
obligated by a State or unit of local government, may be used to provide 
up to 100 per centum of the cost of any program or project.
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    \1\ See References in Text note below.
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(i) State criminal justice council as the State planning agency for 
        carrying out predecessor provisions

    Notwithstanding any other provision of this chapter, all provisions 
of this chapter, as in effect on the day before December 27, 1979, which 
are necessary to carry out the provisions of the Juvenile Justice and 
Delinquency Prevention Act of 1974 [42 U.S.C. 5601 et seq.], remain in 
effect for the sole purpose of carrying out the Juvenile Justice and 
Delinquency Prevention Act of 1974, and the State criminal justice 
council established under this chapter shall serve as the State planning 
agency for the purposes of the Juvenile Justice and Delinquency 
Prevention Act of 1974.

(j) Construction project funding for additional two years

    Notwithstanding the provisions of section 3744(c)(3) \1\ of this 
title, any construction projects which were funded under this chapter, 
as in effect before December 27, 1979, and which were budgeted in 
anticipation of receiving additional Federal funding for such 
construction may continue for two years to be funded under this chapter.

(Pub. L. 90-351, title I, Sec. 2601, formerly Sec. 1301, as added Pub. 
L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1221; amended Pub. L. 98-473, 
title II, Sec. 609G, Oct. 12, 1984, 98 Stat. 2100; renumbered Sec. 1401, 
Pub. L. 99-570, title I, Sec. 1552(a)(2), Oct. 27, 1986, 100 Stat. 3207-
41; renumbered Sec. 1501, renumbered Sec. 1601, Pub. L. 101-647, title 
II, Sec. 241(a)(1)(B), title VIII, Sec. 801(a)(2), Nov. 29, 1990, 104 
Stat. 4810, 4825; renumbered Sec. 1701, Pub. L. 102-521, Sec. 4(a)(2), 
Oct. 25, 1992, 106 Stat. 3404; renumbered Sec. 1801, renumbered 
Sec. 1901, renumbered Sec. 2001, renumbered Sec. 2101, renumbered 
Sec. 2201, renumbered Sec. 2301, renumbered Sec. 2401, renumbered 
Sec. 2501, Pub. L. 103-322, title I, Sec. 10003(a)(2), title II, 
Sec. 20201(a)(2), title III, Sec. 32101(a)(2), title IV, 
Secs. 40121(a)(2), 40231(a)(2), title V, Sec. 50001(a)(2), title XXI, 
Secs. 210201(a)(2), 210302(c)(1)(B), Sept. 13, 1994, 108 Stat. 1808, 
1819, 1898, 1910, 1932, 1955, 2062, 2066, renumbered Sec. 2601, Pub. L. 
105-181, Sec. 3(a)(2), June 16, 1998, 112 Stat. 512.)

                       References in Text

    The Justice System Improvement Act of 1979, referred to in subsec. 
(e), is Pub. L. 96-157, Dec. 27, 1979, 93 Stat. 1167, as amended, which 
is classified principally to this chapter (Sec. 3701 et seq.). For 
complete classification of this Act to the Code, see Short Title of 1979 
Amendment note under section 3711 of this title and Tables.
    Subchapter V of this chapter, referred to in subsec. (h), was 
repealed and former subchapter VI was redesignated as V by Pub. L. 98-
473, title II, Secs. 607, 608(e), Oct. 12, 1984, 98 Stat. 2086, 2087, 
which was also repealed and a new subchapter V enacted by Pub. L. 100-
690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4328.
    The Juvenile Justice and Delinquency Prevention Act of 1974, 
referred to in subsec. (i), is Pub. L. 93-415, Sept. 7, 1974, 88 Stat. 
1109, as amended, which is classified principally to chapter 72 
(Sec. 5601 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note under section 5601 of this title 
and Tables.
    Section 3744(c)(3) of this title, referred to in subsec. (j), is a 
reference to section 3744(c)(3) of this title as in effect prior to the 
general amendment of section 3744 of this title by Pub. L. 98-473, and 
subsequent repeal by Pub. L. 100-690, title VI, Sec. 6091(a), Nov. 18, 
1988, 102 Stat. 4328.


                               Amendments

    1984--Subsec. (a). Pub. L. 98-473, Sec. 609G(1), designated existing 
provisions as par. (1) and added par. (2).
    Subsecs. (j), (k). Pub. L. 98-473, Sec. 609G(2), (3), redesignated 
subsec. (k) as (j) and struck out former subsec. (j) relating to State 
planning agency meeting representation requirement as competent to carry 
out functions, powers, and duties of State criminal justice council.


                    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) 
through (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.

 Law Enforcement Assistance Administration; Closeout of Operations and 
                     Transfer of Remaining Functions

    The operations of the Law Enforcement Assistance Administration were 
closed out by the Justice Department due to lack of appropriations, and 
the remaining programs and staff transferred to the Office of Justice 
Assistance, Research, and Statistics, effective Apr. 15, 1982, see 
Notice of Department of Justice, Office of Justice Assistance, Research, 
and Statistics, Apr. 19, 1982, 47 F.R. 16694.
