---
kind: "section"
citation: "34 U.S.C. § 10228"
title: "34"
title_heading: "Crime Control and Law Enforcement"
number: "10228"
heading: "Prohibition of Federal control over State and local criminal justice agencies; prohibition of discrimination"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/34/10228"
units:
  - "Subtitle I — Comprehensive Acts"
  - "Chapter 101 — Justice System Improvement"
  - "Subchapter VII — Administrative Provisions"
---

# §10228. Prohibition of Federal control over State and local criminal justice agencies; prohibition of discrimination

- (a) **General rule—** Nothing in this chapter or any other Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over any police force or any other criminal justice agency of any [State](/usc/34/11103.md?p=7) or any political subdivision thereof.
- (b) **Racial imbalance requirement restriction—** Notwithstanding any other provision of law, nothing contained in this chapter shall be construed to authorize the [National Institute of Justice](/usc/34/11103.md?p=4-C), the [Bureau of Justice Statistics](/usc/34/11103.md?p=4-D), or the [Law Enforcement](/usc/34/12291.md?p=a-23) 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 program 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.
- (c) **Discrimination prohibited; notice of non-compliance; suspension and restoration of payments; hearing; civil action by Attorney General; private action, attorney fees, intervention by Attorney General—**
  - (1) No person in any [State](/usc/34/11103.md?p=7) 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 chapter.
  - (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](/usc/34/10307.md?p=1)) or [State](/usc/34/11103.md?p=7) court, or by a Federal or [State](/usc/34/11103.md?p=7) administrative agency, to the effect that there has been a pattern or practice of discrimination in violation of [paragraph (1)](#c-1); or
      - (ii) a determination after an investigation by the [Office of Justice Programs](/usc/34/11103.md?p=4-B) (prior to a hearing under [subparagraph (F)](#c-2-F) but including an opportunity for the [State](/usc/34/11103.md?p=7) government or [unit of local government](/usc/34/11103.md?p=8) to make a documentary submission regarding the allegation of discrimination with respect to such program or activity, with funds made available under this chapter) that a [State](/usc/34/11103.md?p=7) government or [unit of local government](/usc/34/11103.md?p=8) is not in compliance with [paragraph (1)](#c-1);

      the [Office of Justice Programs](/usc/34/11103.md?p=4-B) shall, within ten days after such occurrence, notify the chief executive of the affected [State](/usc/34/11103.md?p=7), or the [State](/usc/34/11103.md?p=7) in which the affected [unit of local government](/usc/34/11103.md?p=8) is located, and the chief executive of such [unit of local government](/usc/34/11103.md?p=8), that such program or activity has been so found or determined not to be in compliance with [paragraph (1)](#c-1), and shall request each chief executive, notified under this subparagraph with respect to such violation, to secure compliance. For purposes of [clause (i)](#c-2-A-i) a finding by a Federal or [State](/usc/34/11103.md?p=7) administrative agency shall be deemed rendered after notice and opportunity for a hearing if it is rendered pursuant to procedures consistent with the provisions of subchapter II of chapter 5 of title 5.

    - (B) In the event the chief executive secures compliance after notice pursuant to [subparagraph (A)](#c-2-A), the terms and conditions with which the affected [State](/usc/34/11103.md?p=7) government or [unit of local government](/usc/34/11103.md?p=8) agrees to comply shall be set forth in writing and signed by the chief executive of the [State](/usc/34/11103.md?p=7), by the chief executive of such unit (in the event of a violation by a [unit of local government](/usc/34/11103.md?p=8)), and by the [Office of Justice Programs](/usc/34/11103.md?p=4-B). On or prior to the effective date of the agreement, the [Office of Justice Programs](/usc/34/11103.md?p=4-B) shall send a copy of the agreement to each complainant, if any, with respect to such violation. The chief executive of the [State](/usc/34/11103.md?p=7), or the chief executive of the unit (in the event of a violation by a [unit of local government](/usc/34/11103.md?p=8)) shall file semiannual reports with the [Office of Justice Programs](/usc/34/11103.md?p=4-B) detailing the steps taken to comply with the agreement. These reports shall cease to be filed upon the determination of the [Office of Justice Programs](/usc/34/11103.md?p=4-B) that compliance has been secured, or upon the determination by a Federal or [State](/usc/34/11103.md?p=7) court that such [State](/usc/34/11103.md?p=7) government or local governmental unit is in compliance with this section. Within fifteen days of receipt of such reports, the [Office of Justice Programs](/usc/34/11103.md?p=4-B) shall send a copy thereof to each such complainant.
    - (C) If, at the conclusion of ninety days after notification under [subparagraph (A)](#c-2-A)—
      - (i) compliance has not been secured by the chief executive of that [State](/usc/34/11103.md?p=7) or the chief executive of that [unit of local government](/usc/34/11103.md?p=8); and
      - (ii) an administrative law judge has not made a determination under [subparagraph (F)](#c-2-F) that it is likely the [State](/usc/34/11103.md?p=7) government or [unit of local government](/usc/34/11103.md?p=8) will prevail on the merits; the [Office of Justice Programs](/usc/34/11103.md?p=4-B) shall notify the [Attorney General](/usc/34/10307.md?p=1) that compliance has not been secured and caused to have suspended further payment of any funds under this chapter to that program or activity. Such suspension shall be limited to the specific program or activity cited by the [Office of Justice Programs](/usc/34/11103.md?p=4-B) in the notice under [subparagraph (A)](#c-2-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 [subparagraph (G)](#c-2-G), not more than thirty days after the conclusion of such hearing, unless there has been an express finding by the [Office of Justice Programs](/usc/34/11103.md?p=4-B), after notice and opportunity for such a hearing, that the recipient is not in compliance with [paragraph (1)](#c-1).
    - (D) Payment of the suspended funds shall resume only if—
      - (i) such [State](/usc/34/11103.md?p=7) government or [unit of local government](/usc/34/11103.md?p=8) enters into a compliance agreement approved by the [Office of Justice Programs](/usc/34/11103.md?p=4-B) and the [Attorney General](/usc/34/10307.md?p=1) in accordance with [subparagraph (B)](#c-2-B);
      - (ii) such [State](/usc/34/11103.md?p=7) government or [unit of local government](/usc/34/11103.md?p=8) complies fully with the final order or judgment of a Federal or [State](/usc/34/11103.md?p=7) court, or by a Federal or [State](/usc/34/11103.md?p=7) administrative agency if that order or judgment covers all the matters raised by the [Office of Justice Programs](/usc/34/11103.md?p=4-B) in the notice pursuant to [subparagraph (A)](#c-2-A), or is found to be in compliance with [paragraph (1)](#c-1) by such court; or
      - (iii) after a hearing the [Office of Justice Programs](/usc/34/11103.md?p=4-B) pursuant to [subparagraph (F)](#c-2-F) finds that noncompliance has not been demonstrated.
    - (E) Whenever the [Attorney General](/usc/34/10307.md?p=1) files a civil action alleging a pattern or practice of discriminatory conduct on the basis of race, color, religion, national origin, or sex in any program or activity of a [State](/usc/34/11103.md?p=7) government or [unit of local government](/usc/34/11103.md?p=8) which [State](/usc/34/11103.md?p=7) government or [unit of local government](/usc/34/11103.md?p=8) receives funds made available under this chapter, and the conduct allegedly 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](/usc/34/11103.md?p=4-B) shall cause to have suspended further payment of any funds under this chapter to that specific program or activity alleged by the [Attorney General](/usc/34/10307.md?p=1) to be in violation of the provisions of this subsection until such time as the court orders resumption of payment.
    - (F) Prior to the suspension of funds under [subparagraph (C)](#c-2-C), but within the ninety-day period after notification under [subparagraph (C)](#c-2-C), the [State](/usc/34/11103.md?p=7) government or [unit of local government](/usc/34/11103.md?p=8) may request an expedited preliminary hearing on the record in accordance with [section 554 of title 5](/usc/5/554.md), in order to determine whether it is likely that the [State](/usc/34/11103.md?p=7) government or [unit of local government](/usc/34/11103.md?p=8) would, at a full hearing under [subparagraph (G)](#c-2-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](/usc/34/11103.md?p=7) government or [unit of local government](/usc/34/11103.md?p=8) shall defer the suspension of funds under [subparagraph (C)](#c-2-C) pending a finding of noncompliance at the conclusion of the hearing on the merits under [subparagraph (G)](#c-2-G).
    - (G)
      - (i) At any time after notification under [subparagraph (A)](#c-2-A), but before the conclusion of the one-hundred-and-twenty-day period referred to in [subparagraph (C)](#c-2-C), a [State](/usc/34/11103.md?p=7) government or [unit of local government](/usc/34/11103.md?p=8) may request a hearing on the record in accordance with [section 554 of title 5](/usc/5/554.md), which the [Office of Justice Programs](/usc/34/11103.md?p=4-B) 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)](#c-2-C), the [Office of Justice Programs](/usc/34/11103.md?p=4-B) shall make a finding of compliance or noncompliance. If the [Office of Justice Programs](/usc/34/11103.md?p=4-B) makes a finding of noncompliance, the [Office of Justice Programs](/usc/34/11103.md?p=4-B) shall notify the [Attorney General](/usc/34/10307.md?p=1) in order that the [Attorney General](/usc/34/10307.md?p=1) may institute a civil action under [paragraph (3)](#c-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](/usc/34/11103.md?p=4-B) makes a finding of compliance, payment of the suspended funds shall resume as provided in [subparagraph (D)](#c-2-D).
    - (H) Any [State](/usc/34/11103.md?p=7) government or [unit of local government](/usc/34/11103.md?p=8) aggrieved by a final determination of the [Office of Justice Programs](/usc/34/11103.md?p=4-B) under [subparagraph (G)](#c-2-G) may appeal such determination as provided in section 804[^1].
  - (3) Whenever the [Attorney General](/usc/34/10307.md?p=1) has reason to believe that a [State](/usc/34/11103.md?p=7) government or [unit of local government](/usc/34/11103.md?p=8) has engaged in or is engaging in a pattern or practice in violation of the provisions of this section, the [Attorney General](/usc/34/10307.md?p=1) may bring a civil action in an appropriate United States district court. Such court may grant as relief any temporary [restraining order](/usc/34/12291.md?p=a-29), preliminary or permanent injunction, or other order, as necessary or appropriate to insure the full enjoyment of the rights described in this section, including the suspension, termination, or repayment of such funds made available under this chapter as the court may deem appropriate, or placing any further such funds in escrow pending the outcome of the litigation.
  - (4)
    - (A) Whenever a [State](/usc/34/11103.md?p=7) government or [unit of local government](/usc/34/11103.md?p=8), or any officer or employee thereof acting in an official capacity, has engaged or is engaging in any act or practice prohibited by this subsection, a civil action may be instituted after exhaustion of administrative remedies by the person aggrieved in an appropriate United States district court or in a [State](/usc/34/11103.md?p=7) 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 [Office of Justice Programs](/usc/34/11103.md?p=4-B) or any other administrative enforcement agency, unless within such period there has been a determination by the [Office of Justice Programs](/usc/34/11103.md?p=4-B) or the agency on the merits of the complaint, in which case such remedies 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 prevailing plaintiff reasonable attorney fees, unless the court determines that the lawsuit is frivolous, vexatious, brought for harassment purposes, or brought principally for the purpose of gaining attorney fees.
    - (C) In any action instituted under this section to enforce compliance with [paragraph (1)](#c-1), the [Attorney General](/usc/34/10307.md?p=1), or a specially designated assistant for or in the name of the United States, may intervene upon timely application if he certifies that the action is of general public importance. In such action the United States shall be entitled to the same relief as if it had instituted the action.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(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.)

## Notes

### 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 editorial 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 chapter 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 Assistance, 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 effective 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.