Calendar No. 272

103D CONGRESS

1ST SESSION H. R. 3355

A ACT

To amend the Omnibus Crime Control and Safe

N

public safety.and disorder problems, and otherwise to enhanceand members of the community to address crimetive efforts between law enforcement agenciespolice presence, to expand and improve cooperaStreets Act of 1968 to allow grants to increase

OVEMBER 4 (legislative day, NOVEMBER 2), 1993

Received; read twice and placed on the calendar
II

Calendar No. 272

103D CONGRESS

1ST SESSION H. R. 3355

IN THE SENATE OF THE UNITED STATES

NOVEMBER 4 (legislative day, NOVEMBER 2), 1993

Received; read twice and placed on the calendar

AN ACT

To amend the Omnibus Crime Control and Safe Streets

Act of 1968 to allow grants to increase police presence,

to expand and improve cooperative efforts between law

enforcement agencies and members of the community

to address crime and disorder problems, and otherwise

to enhance public safety.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. COMMUNITY POLICING; ‘‘COPS ON THE BEAT’’.

4 (a) IN GENERAL.—Title I of the Omnibus Crime

5 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

6 et seq.) is amended by—

7 (1) redesignating part Q as part R;
2

•HR 3355 PCS

1 (2) redesignating section 1701 as section 1801;

2 and

3 (3) inserting after part P the following new

4 part:

5 ‘‘PART Q—PUBLIC SAFETY AND COMMUNITY

6 POLICING; ‘COPS ON THE BEAT’

7 ‘‘SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND

8 COMMUNITY POLICING GRANTS.

9 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen10 eral is authorized to make grants to States and units of

11 local government, and to other public and private entities,

12 to increase police presence, to expand and improve cooper13 ative efforts between law enforcement agencies and mem14 bers of the community to address crime and disorder prob15 lems, and otherwise to enhance public safety.

16 ‘‘(b) REHIRING AND HIRING GRANT PROJECTS.—

17 Grants made under the authority of subsection (a) of this

18 section may be used for programs, projects, and other ac19 tivities to—

20 ‘‘(1) rehire law enforcement officers who have

21 been laid off as a result of State and local budget

22 reductions for deployment in community-oriented po23 licing; and

24 ‘‘(2) hire and train new, additional career law

25 enforcement officers (including cadets and trainees)
3

•HR 3355 PCS

1 for deployment in community-oriented policing

2 across the Nation.

3 ‘‘(c) ADDITIONAL GRANT PROJECTS.—Grants made

4 under the authority of subsection (a) of this section also

5 may include programs, projects, and other activities to—

6 ‘‘(1) increase the number of law enforcement

7 officers involved in activities that are focused on

8 interaction with members of the community on

9 proactive crime control and prevention by redeploy10 ing officers to such activities;

11 ‘‘(2) provide specialized training to law enforce12 ment officers to enhance their conflict resolution,

13 mediation, problem solving, service, and other skills

14 needed to work in partnership with members of the

15 community;

16 ‘‘(3) increase police participation in multidisci17 plinary early intervention teams;

18 ‘‘(4) develop new technologies to assist State

19 and local law enforcement agencies in reorienting

20 the emphasis of their activities from reacting to

21 crime to preventing crime;

22 ‘‘(5) develop and implement innovative pro23 grams to permit members of the community to assist

24 State and local law enforcement agencies in the pre25 vention of crime in the community;
4

•HR 3355 PCS

1 ‘‘(6) establish innovative programs to reduce,

2 and keep to a minimum, the amount of time that

3 law enforcement officers must be away from the

4 community while awaiting court appearances;

5 ‘‘(7) establish and implement innovative pro6 grams to increase and enhance proactive crime con7 trol and prevention programs involving law enforce8 ment officers and young persons in the community;

9 ‘‘(8) develop and establish new administrative

10 and managerial systems to facilitate the adoption of

11 community-oriented policing as an organization-wide

12 philosophy; and

13 ‘‘(9) establish, implement, and coordinate crime

14 prevention and control programs (involving law en15 forcement officers working with community mem16 bers) with other existing Federal programs that

17 serve the community and community members to

18 better address the comprehensive needs of such com19 munity and its members.

20 ‘‘(d) PREFERENTIAL CONSIDERATION OF APPLICA21 TIONS FOR CERTAIN GRANTS.—In awarding grants under

22 this part, the Attorney General may give preferential con23 sideration to grants for hiring and rehiring additional ca24 reer law enforcement officers that involve a non-Federal
5

•HR 3355 PCS

1 contribution exceeding the 25 percent minimum under

2 subsection (h) of this section.

3 ‘‘(e) TECHNICAL ASSISTANCE.—(1) The Attorney

4 General may provide technical assistance to States and

5 units of local government, and to other public and private

6 entities, in furtherance of the purposes of this part.

7 ‘‘(2) The technical assistance provided by the Attor8 ney General may include the development of a flexible

9 model that will define for States and units of local govern10 ment, and other public and private entities, definitions and

11 strategies associated with community or problem-oriented

12 policing and methodologies for its implementation.

13 ‘‘(3) The technical assistance provided by the Attor14 ney General may include the establishment and operation

15 of training centers or facilities, either directly or by con16 tracting or cooperative arrangements. The functions of the

17 centers or facilities established under this paragraph may

18 include instruction and seminars for police executives,

19 managers, trainers, and supervisors concerning commu20 nity or problem-oriented policing and improvements in po21 lice-community interaction and cooperation that further

22 the purposes of this part.

23 ‘‘(f) UTILIZATION OF DEPARTMENT OF JUSTICE OF24 FICES AND SERVICES.—The Attorney General may utilize
6

•HR 3355 PCS

1 any office or service of the Department of Justice in carry2 ing out this part.

3 ‘‘(g) MINIMUM AMOUNT.—Each qualifying State, to4 gether with grantees within the State, shall receive in each

5 fiscal year pursuant to subsection (a) of this not less than

6 0.25 percent of the total amount appropriated in the fiscal

7 year for grants pursuant to such subsection. As used in

8 this subsection, ‘qualifying State’ means any State which

9 has submitted an application for a grant, or in which an

10 eligible entity has submitted an application for a grant,

11 which meets the requirements prescribed by the Attorney

12 General and the conditions set out in this part.

13 ‘‘(h) MATCHING FUNDS.—The portion of the costs

14 of a program, project, or activity provided by a grant

15 under subsection (a) of this section may not exceed 75

16 percent, unless the Attorney General waives, wholly or in

17 part, the requirement under this subsection of a non-Fed18 eral contribution to the costs of a program, project, or ac19 tivity. In relation to a grant for a period exceeding one

20 year for hiring or re-hiring career law enforcement offi21 cers, the Federal share shall decrease from year to year,

22 looking towards the continuation of the increased hiring

23 level using State or local sources of funding following the

24 conclusion of Federal support, as provided in an approved

25 plan pursuant to section 1702(c)(8) of this part.
7

•HR 3355 PCS

1 ‘‘(i) ALLOCATION OF FUNDS.—The funds available

2 under this part shall be allocated as provided in section

3 1001(a)(11)(B) of this title.

4 ‘‘(j) TERMINATION OF GRANTS FOR HIRING OFFI5 CERS.—The authority under subsection (a) of this section

6 to make grants for the hiring and rehiring of additional

7 career law enforcement officers shall lapse at the conclu8 sion of six years from the date of enactment of this part.

9 Prior to the expiration of this grant authority, the Attor10 ney General shall submit a report to Congress concerning

11 the experience with and effects of such grants. The report

12 may include any recommendations the Attorney General

13 may have for amendments to this part and related provi14 sions of law in light of the termination of the authority

15 to make grants for the hiring and rehiring of additional

16 career law enforcement officers.

17 ‘‘SEC. 1702. APPLICATIONS.

18 ‘‘(a) IN GENERAL.—No grant may be made under

19 this part unless an application has been submitted to, and

20 approved by, the Attorney General.

21 ‘‘(b) FORM AND CONTENT OF APPLICATION.—An ap22 plication for a grant under this part shall be submitted

23 in such form, and contain such information, as the Attor24 ney General may prescribe by regulation or guidelines.
8

•HR 3355 PCS

1 ‘‘(c) COMPLIANCE WITH REGULATIONS OR GUIDE2 LINES.—In accordance with the regulations or guidelines

3 established by the Attorney General, each application for

4 a grant under this part shall—

5 ‘‘(1) include a long-term strategy and detailed

6 implementation plan that reflects consultation with

7 community groups and appropriate private and pub8 lic agencies and reflects consideration of the state9 wide strategy under section 503(a)(1) of this part;

10 ‘‘(2) demonstrate a specific public safety need;

11 ‘‘(3) explain the locality’s inability to address

12 the need without federal assistance;

13 ‘‘(4) identify related governmental and commu14 nity initiatives which complement or will be coordi15 nated with the proposal;

16 ‘‘(5) certify that there has been appropriate co17 ordination with all affected agencies;

18 ‘‘(6) outline the initial and ongoing level of

19 community support for implementing the proposal

20 including financial and in-kind contributions or

21 other tangible commitments;

22 ‘‘(7) specify plans for obtaining necessary sup23 port and continuing the proposed program, project,

24 or activity following the conclusion of Federal sup25 port; and
9

•HR 3355 PCS

1 ‘‘(8) if the application is for a grant for hiring

2 or rehiring additional career law enforcement offi3 cers—

4 ‘‘(A) specify plans for the assumption by

5 the grantee of a progressively larger share of

6 the cost in the course of time, looking towards

7 the continuation of the increased hiring level

8 using State or local sources of funding following

9 the conclusion of Federal support;

10 ‘‘(B) assess the impact, if any, of the in11 crease in police resources on other components

12 of the criminal justice system;

13 ‘‘(C) explain how the grant will be utilized

14 to re-orient the affected law enforcement agen15 cy’s mission towards community-oriented polic16 ing or enhance its involvement in or commit17 ment to community-oriented policing; and

18 ‘‘(D) ensure that, to the extent practicable,

19 grantees seek and recruit members of racial,

20 ethnic, and gender minority groups whose rep21 resentation in the law enforcement agency for

22 which funds are sought is less than in the gen23 eral population qualified for such employment

24 in such jurisdiction.
10

•HR 3355 PCS

1 ‘‘SEC. 1703. REVIEW OF APPLICATIONS BY STATE OFFICE.

2 ‘‘(a) IN GENERAL.—Except as provided in subsection

3 (c) or (d), an applicant for a grant under this part shall

4 submit an application to the State office designated under

5 section 507 of this title in the State in which the applicant

6 is located for initial review.

7 ‘‘(b) INITIAL REVIEW OF APPLICATION.—The State

8 office referred to in subsection (a) of this section shall re9 view applications for grants under this part submitted to

10 it, based upon criteria specified by the Attorney General

11 by regulation or guidelines, and rank such applications

12 based upon the criteria specified by the Attorney General.

13 The State office referred to in subsection (a) of this sec14 tion shall submit the list along with all grant applications

15 and supporting materials received to the Attorney Gen16 eral.

17 ‘‘(c) DIRECT APPLICATION TO THE ATTORNEY GEN18 ERAL BY CERTAIN MUNICIPALITIES.—Notwithstanding

19 subsection (a) of this section, municipalities whose popu20 lation exceeds 100,000 may submit an application for a

21 grant under this part directly to the Attorney General. For

22 purposes of this subsection, ‘municipalities whose popu23 lation exceeds 100,000’ means units of local government

24 or law enforcement agencies having jurisdiction over areas

25 with populations exceeding 100,000, and consortia or as-
11

•HR 3355 PCS

1 sociations that include one or more such units of local gov2 ernment or law enforcement agencies.

3 ‘‘(d) DIRECT APPLICATION TO THE ATTORNEY GEN4 ERAL BY OTHER APPLICANTS.—Notwithstanding sub5 section (a) of this section, if a State chooses not to carry

6 out the functions described in subsection (b) of this sec7 tion, an applicant in the State may submit an application

8 for a grant under this part directly to the Attorney Gen9 eral.

10 ‘‘SEC. 1704. RENEWAL OF GRANTS.

11 ‘‘(a) IN GENERAL.—Except for grants made for hir12 ing or rehiring additional career law enforcement officers,

13 a grant under this part may be renewed for up to two

14 additional years after the first fiscal year during which

15 a recipient receives its initial grant if the Attorney General

16 determines that the funds made available to the recipient

17 were used in a manner required under an approved appli18 cation and if the recipient can demonstrate significant

19 progress in achieving the objectives of the initial applica20 tion.

21 ‘‘(b) GRANTS FOR HIRING.—Grants made for hiring

22 or rehiring additional career law enforcement officers may

23 be renewed for up to five years, subject to the require24 ments of subsection (a) of this section, but notwithstand-
12

•HR 3355 PCS

1 ing the limitation in that subsection concerning the num2 ber of years for which grants may be renewed.

3 ‘‘(c) MULTI-YEAR GRANTS.—A grant for a period ex4 ceeding one year may be renewed as provided in this sec5 tion, except that the total duration of such a grant includ6 ing any renewals may not exceed three years, or six years

7 if it is a grant made for hiring or rehiring additional ca8 reer law enforcement officers.

9 ‘‘SEC. 1705. LIMITATION ON USE OF FUNDS.

10 ‘‘(a) NON-SUPPLANTING REQUIREMENT.—Funds

11 made available under this part to States or units of local

12 government shall not be used to supplant State or local

13 funds, but will be used to increase the amount of funds

14 that would, in the absence of Federal funds, be made

15 available from State or local sources.

16 ‘‘(b) ADMINISTRATIVE COSTS.—No more than 5 per17 cent of the funds available under this part may be used

18 for the costs of States in carrying out the functions de19 scribed in section 1703(b) or other administrative costs.

20 ‘‘(c) NON-FEDERAL COSTS.—States and units of

21 local government may use assets received through the as22 sets forfeiture equitable sharing program to cover the non23 Federal portion of programs, projects, and activities fund24 ed under this part.
13

•HR 3355 PCS

1 ‘‘(d) HIRING COSTS.—Funding provided under this

2 part for hiring or rehiring a career law enforcement officer

3 may not exceed $75,000, unless the Attorney General

4 grants a waiver from this limitation.

5 ‘‘SEC. 1706. PERFORMANCE EVALUATION.

6 ‘‘(a) EVALUATION COMPONENTS.—

7 ‘‘(1) Each program, project, or activity funded

8 under this part shall contain an evaluation compo9 nent, developed pursuant to guidelines established by

10 the Attorney General.

11 ‘‘(2) The evaluations required by paragraph (1)

12 shall include outcome measures that can be used to

13 determine the effectiveness of the funded programs,

14 projects, activities and a description of the geo15 graphic dispersion, and racial, ethnic, and gender di16 versity of rehired and new employees. Outcome

17 measures may include crime and victimization indi18 cators, quality of life measures, community percep19 tions, and police perceptions of their own work.

20 ‘‘(b) PERIODIC REVIEW AND REPORTS.—The Attor21 ney General shall review the performance of each grant

22 recipient under this part. The Attorney General may re23 quire a grant recipient to submit to the Attorney General

24 the results of the evaluations required under subsection

25 (a) and such other data and information as the Attorney
14

•HR 3355 PCS

1 General deems reasonably necessary to carry out the re2 sponsibilities under this subsection.

3 ‘‘SEC. 1707. REVOCATION OR SUSPENSION OF FUNDING.

4 ‘‘If the Attorney General determines, as a result of

5 the reviews required by section 1706 of this part, or other6 wise, that a grant recipient under this part is not in sub7 stantial compliance with the terms and requirements of

8 an approved grant application submitted under section

9 1702 of this part, the Attorney General may revoke or

10 suspend funding of that grant, in whole or in part.

11 ‘‘SEC. 1708. ACCESS TO DOCUMENTS.

12 ‘‘(a) BY THE ATTORNEY GENERAL.—The Attorney

13 General shall have access for the purpose of audit and ex14 amination to any pertinent books, documents, papers, or

15 records of a grant recipient under this part, as well as

16 the pertinent books, documents, papers, or records of

17 States and units of local government, persons, businesses,

18 and other entities that are involved in programs, projects,

19 or activities for which assistance is provided under this

20 part.

21 ‘‘(b) BY THE COMPTROLLER GENERAL.—The provi22 sions of subsection (a) of this section shall also apply with

23 respect to audits and examinations conducted by the

24 Comptroller General of the United States or by an author25 ized representative of the Comptroller General.
15

•HR 3355 PCS

1 ‘‘SEC. 1709. GENERAL REGULATORY AUTHORITY.

2 ‘‘The Attorney General is authorized to promulgate

3 regulations and guidelines to carry out this part.

4 ‘‘SEC. 1710. DEFINITION.

5 ‘‘For the purposes of this part, the term ‘career law

6 enforcement officer’ means a person hired on a permanent

7 basis who is authorized by law or by a State or local public

8 agency to engage in or supervise the prevention, detection,

9 or investigation of violations of criminal laws.’’.

10 (b) TECHNICAL AMENDMENT.—The table of contents

11 of title I of the Omnibus Crime Control and Safe Streets

12 Act of 1968 (42 U.S.C. 3711, et seq.) is amended by strik13 ing the material relating to part Q and inserting the fol14 lowing:

‘‘PART Q—PUBLIC SAFETY AND COMMUNITY POLICING; ‘COPS ON THE

BEAT’

‘‘Sec. 1701. Authority to make public safety and community policing grants.

‘‘Sec. 1702. Applications.

‘‘Sec. 1703. Review of applications by State office.

‘‘Sec. 1704. Renewal of grants.

‘‘Sec. 1705. Limitation on use of funds.

‘‘Sec. 1706. Performance evaluation.

‘‘Sec. 1707. Revocation or suspension of funding.

‘‘Sec. 1708. Access to documents.

‘‘Sec. 1709. General regulatory authority.

‘‘Sec. 1710. Definition.

‘‘PART R—TRANSITION—EFFECTIVE DATE—REPEALER

‘‘Sec. 1801. Continuation of rules, authorities and proceedings.’’.

15 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

16 (a) AUTHORIZATION.—Section 1001(a) of title I of

17 the Omnibus Crime Control and Safe Streets Act of 1968

18 (42 U.S.C. 3793) is amended—
16

•HR 3355 PCS

1 (1) in paragraph (3) by striking ‘‘and O.’’ and

2 inserting ‘‘O, P, and Q.’’; and

3 (2) by adding at the end the following:

4 ‘‘(11)(A) There are authorized to be appropriated to

5 carry out part Q, to remain available until expended,

6 $200,000,000 for fiscal year 1994 and $650,000,000 for

7 each of the fiscal years 1995, 1996, 1997, 1998, and

8 1999.

9 ‘‘(B) Of funds available under part Q in any fiscal

10 year, up to 5 percent may be used for technical assistance

11 under section 1701(e) or for evaluations or studies carried

12 out or commissioned by the Attorney General in further13 ance of the purposes of part Q, and up to 5 percent may

14 be used for the costs of States in carrying out the func15 tions described in section 1703(b) or other administrative

16 costs. Of the remaining funds, 50 percent shall be allo17 cated for grants pursuant to applications submitted as

18 provided in section 1703(a) or (d), and 50 percent shall

19 be allocated for grants pursuant to applications submitted

20 as provided in section 1703(c). Of the funds available in

21 relation to grants pursuant to applications submitted as

22 provided in section 1703(a) or (d), at least 85 percent

23 shall be applied to grants for the purposes specified in sec24 tion 1701(b), and no more than 15 percent may be applied

25 to other grants in furtherance of the purposes of part Q.
17

•HR 3355 PCS

1 Of the funds available in relation to grants pursuant to

2 applications submitted as provided in section 1703(c), at

3 least 85 percent shall be applied to grants for the purposes

4 specified in section 1701(b), and no more than 15 percent

5 may be applied to other grants in furtherance of the pur6 poses of part Q.

7 ‘‘(C) Notwithstanding the provisions of section 1703,

8 no funds allocated for grants pursuant to applications sub9 mitted as provided under subsections (a) or (d) of section

10 1703 shall be allocated for grants to a municipality (as

11 defined in section 1703(c)).’’.

Passed the House of Representatives November 3,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.