I

103D CONGRESS

1ST SESSION H. R. 3355

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.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 26, 1993

Mr. BROOKS (for himself and Mr. SCHUMER) introduced the following bill;

which was referred to the Committee on the Judiciary

A BILL

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 SEC. 101. COMMUNITY POLICING; ‘‘COPS ON THE BEAT’’.

4 (a) IN GENERAL.—Title 1 of the Omnibus Crime

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

6 et seq.) is amended by—
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1 (1) redesignating Part Q as Part R;

2 (2) redesignating section 1701 as section 1801;

3 and

4 (3) inserting after Part P the following new

5 Part:

6 ‘‘PART Q—PUBLIC SAFETY AND COMMUNITY

7 POLICING; ‘COPS ON THE BEAT’

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

9 COMMUNITY POLICING GRANTS.

10 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen11 eral is authorized to make grants to units of State and

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

13 to increase police presence, to expand and improve cooper14 ative efforts between law enforcement agencies and mem15 bers of the community to address crime and disorder prob16 lems, and otherwise to enhance public safety.

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

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

19 section may be used for programs, projects, and other ac20 tivities to—

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

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

23 reductions for deployment in community-oriented po24 licing; and
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1 ‘‘(2) hire new, additional career law enforce2 ment officers for deployment in community-oriented

3 policing across the Nation.

4 ‘‘(c) Additional grant projects.—Grants made under

5 the authority of subsection (a) of this section also may

6 include programs, projects, and other activities to—

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

8 officers involved in activities that are focused on

9 interaction with members of the community on

10 proactive crime control and prevention by redeploy11 ing officers to such activities;

12 ‘‘(2) provide specialized training to law enforce13 ment officers to enhance their conflict resolution,

14 mediation, problem solving, service, and other skills

15 needed to work in partnership with members of the

16 community;

17 ‘‘(3) increase police participation in multidisci18 plinary early intervention teams;

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

20 and local law enforcement agencies in reorienting

21 the emphasis of their activities from reacting to

22 crime to preventing crime;

23 ‘‘(5) develop and implement innovative pro24 grams to permit members of the community to assist
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1 State and local law enforcement agencies in the pre2 vention of crime in the community;

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

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

5 law enforcement officers must be away from the

6 community while awaiting court appearances;

7 ‘‘(7) establish and implement innovative pro8 grams to increase and enhance proactive crime con9 trol and prevention programs involving law enforce10 ment officers and young persons in the community;

11 and

12 ‘‘(8) develop and establish new administrative

13 and managerial systems to facilitate the adoption of

14 community-oriented policing as an organization-wide

15 philosophy.

16 ‘‘(d) PREFERENTIAL CONSIDERATION OF APPLICA17 TIONS FOR CERTAIN GRANTS.—In awarding grants under

18 this part, the Attorney General may give preferential con19 sideration to grants for hiring and rehiring additional ca20 reer law enforcement officers that involve a non-Federal

21 contribution exceeding the 25% minimum under sub22 section (h) of this section.

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

24 General may provide technical assistance to units of State

25 and local government, and to other public and private enti-
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1 ties, in furtherance of the purposes of section 101 of the

2 Violent Crime Control and Law Enforcement Act of 1993.

3 ‘‘(2) The technical assistance provided by the Attor4 ney General may include the development of a flexible

5 model that will define for State and local governments,

6 and other public and private entities, definitions and strat7 egies associated with community or problem-oriented po8 licing and methodologies for its implementation.

9 ‘‘(3) The technical assistance provided by the Attor10 ney General may include the establishment and operation

11 of training centers or facilities, either directly or by con12 tracting or cooperative arrangements. The functions of the

13 centers or facilities established under this paragraph may

14 include instruction and seminars for police executives,

15 managers, trainers and supervisors concerning community

16 or problem-oriented policing and improvements in police17 community interaction and cooperation that further the

18 purposes of section 101 of the Violent Crime Control and

19 Law Enforcement Act of 1993.

20 ‘‘(f) UTILIZATION OF DEPARTMENT OF JUSTICE OF21 FICES AND SERVICES.—The Attorney General may utilize

22 any office or service of the Department of Justice in carry23 ing out this part.

24 ‘‘(g) MINIMUM AMOUNT.—Each qualifying state, to25 gether with grantees within the state, shall receive in each
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1 fiscal year pursuant to subsection (a) of this not less than

2 0.25% of the total amount appropriated in the fiscal year

3 for grants pursuant to that subsection. As used in this

4 subsection, ‘‘qualifying state’’ means any state which has

5 submitted an application for a grant, or in which an eligi6 ble entity has submitted an application for a grant, which

7 meets the requirements prescribed by the Attorney Gen8 eral and the conditions set out in this part.

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

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

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

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

13 part, the requirement under this subsection of a non-Fed14 eral contribution to the costs of a program, project, or ac15 tivity. In relation to a grant for a period exceeding one

16 year for hiring or re-hiring career law enforcement offi17 cers, the Federal share shall decrease from year to year,

18 looking towards the continuation of the increased hiring

19 level using State or local sources of funding following the

20 conclusion of Federal support, as provided in an approved

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

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

23 under this part shall be allocated as provided in section

24 1001(a)(11)(B) of this Act.
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1 ‘‘(j) TERMINATION OF GRANTS FOR HIRING OFFI2 CERS.—The authority under subsection (a) of this section

3 to make grants for the hiring and rehiring of additional

4 career law enforcement officers shall lapse at the conclu5 sion of six years from the date of enactment of this part.

6 Prior to the expiration of this grant authority, the Attor7 ney General shall submit a report to Congress concerning

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

9 may include any recommendations the Attorney General

10 may have for amendments to this part and related provi11 sions of law in light of the termination of the authority

12 to make grants for the hiring and rehiring of additional

13 career law enforcement officers.

14 ‘‘SEC. 1702. APPLICATIONS.

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

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

17 approved by, the Attorney General.

18 ‘‘(b) FORM AND CONTENT OF APPLICATION.—An ap19 plication for a grant under this part shall be submitted

20 in such form, and contain such information, as the Attor21 ney General may prescribe by regulation or guidelines.

22 ‘‘(c) COMPLIANCE WITH REGULATIONS OR GUIDE23 LINES.—In accordance with the regulations or guidelines

24 established by the Attorney General, each application for

25 a grant under this part shall—
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1 ‘‘(1) include a long-term strategy and detailed

2 implementation plan that reflects consultation with

3 community groups and appropriate private and pub4 lic agencies and reflects consideration of the state5 wide strategy under section 503(a)(1) of the Omni6 bus Crime Control and Safe Streets Act of 1968 (42

7 U.S.C. 3753(a)(1));

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

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

10 the need without federal assistance;

11 ‘‘(4) identify related governmental and commu12 nity initiatives which complement or will be coordi13 nated with the proposal;

14 ‘‘(5) certify that there has been appropriate co15 ordination with all affected agencies;

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

17 community support for implementing the proposal

18 including financial and in-kind contributions or

19 other tangible commitments;

20 ‘‘(7) specify plans for obtaining necessary sup21 port and continuing the proposed program, project,

22 or activity following the conclusion of Federal sup23 port; and
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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; and

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.

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

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

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

21 submit an application to the State office designated under

22 section 507 of the Omnibus Crime Control and Safe

23 Streets Act of 1968 (42 U.S.C. 3757) in the State in

24 which the applicant is located for initial review.
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1 ‘‘(b) INITIAL REVIEW OF APPLICATION.—(1) The

2 State office referred to in subsection (a) of this section

3 shall review applications for grants under this part sub4 mitted to it, based upon criteria specified by the Attorney

5 General by regulation or guidelines.

6 ‘‘(2) Upon completion of the reviews required by

7 paragraph (1) of this subsection, the State office referred

8 to in subsection (a) of this section shall determine which,

9 if any, of the application for grants under this part are

10 most likely to be successful in achieving the purposes of

11 section 101 of the Violent Crime Control and Law En12 forcement Act of 1993.

13 ‘‘(3)(A) Based upon the determinations made under

14 paragraph (2) of this subsection, the State office referred

15 to in subsection (a) of this section shall list the applica16 tions for grants under this part in order of their likelihood

17 to achieve the purposes of section 101 of the Violent Crime

18 Control and law Enforcement Act of 1993, and shall sub19 mit the list along with all grant applications and support20 ing materials received to the Attorney General.

21 ‘‘(B) In making the submission to the Attorney Gen22 eral required by subparagraph (A) of this paragraph, the

23 State office referred to in subsection (a) of this section

24 may recommend that a particular application or applica-
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1 tions should receive special priority and provide supporting

2 reasons for the recommendation.

3 ‘‘(c) DIRECT APPLICATION TO THE ATTORNEY GEN4 ERAL BY CERTAIN MUNICIPALITIES.—Notwithstanding

5 subsection (a) of this section, municipalities whose popu6 lation exceeds 100,000 may submit an application for a

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

8 purposes of this subsection, ‘‘municipalities whose popu9 lation exceeds 100,000’’ means units of local government

10 or law enforcement agencies having jurisdiction over areas

11 with populations exceeding 100,000, and consortia or as12 sociations that include one or more such units of local gov13 ernment or law enforcement agencies.

14 ‘‘(d) DIRECT APPLICATION TO THE ATTORNEY GEN15 ERAL BY OTHER APPLICANTS.—Notwithstadning sub16 section (a) of this section, if a State chooses not to carry

17 out the functions described in subsection (b) of this sec18 tion, an applicant in the State may submit an application

19 for a grant under this part directly to the Attorney Gen20 eral.

21 ‘‘SEC. 1704. RENEWAL OF GRANTS.

22 ‘‘(a) IN GENERAL.—Except for grants made for hir23 ing or rehiring additional career law enforcement officers,

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

25 additional years after the first fiscal year during which
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1 a recipient receives its initial grant if the Attorney General

2 determines that the funds made available to the recipient

3 were used in a manner required under an approved appli4 cation and if the recipient can demonstrate significant

5 progress in achieving the objectives of the initial applica6 tion.

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

8 or rehiring additional career law enforcement officers may

9 be renewed for up to five years, subject to the require10 ments of subsection (a) of this section, but notwithstand11 ing the limitation in that subsection concerning the num12 ber of years for which grants may be renewed.

13 ‘‘(c) MULTI-YEAR GRANTS.—A grant for a period ex14 ceeding one year may be renewed as provided in this sec15 tion, except that the total duration of such a grant includ16 ing any renewals may not exceed three years, or six years

17 if it is a grant made for hiring or rehiring additional ca18 reer law enforcement officers.

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

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

21 made available under this part to State or local govern22 ments shall not be used to supplant State or local funds,

23 but will be used to increase the amount of funds that

24 would, in the absence of Federal funds, be made available

25 from State or local sources.
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1 ‘‘(b) ADMINISTRATIVE COSTS.—No more than 5% of

2 the funds available under this part may be used for the

3 costs of States in carrying out the functions described in

4 section 1703(b) or other administrative costs.

5 ‘‘(c) NON-FEDERAL COSTS.—State and local units of

6 government may use assets received through the Assets

7 Forfeiture equitable sharing program to cover the non-fed8 eral portion of programs, projects, and activities funded

9 under this part.

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

11 part for hiring or rehiring a career law enforcement officer

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

13 grants a waiver from this limitation.

14 ‘‘SEC. 1706. PERFORMANCE EVALUATION.

15 ‘‘(a) EVALUATION COMPONENTS.—Each program,

16 project, or activity funded under this part shall contain

17 an evaluation component, developed pursuant to guidelines

18 established by the Attorney General. The evaluations re19 quired by this subsection shall include outcome measures

20 that can be used to determine the effectiveness of the

21 funded programs, projects, and activities. Outcome meas22 ures may include crime and victimization indicators, qual23 ity of life measures, community perceptions, and police

24 perceptions of their own work.
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1 ‘‘(b) PERIODIC REVIEW AND REPORTS.—The Attor2 ney General shall review the performance of each grant

3 recipient under this part. The Attorney General may re4 quire a grant recipient to submit to the Attorney General

5 the results of the evaluations required under subsection

6 (a) and such other data and information as the Attorney

7 General deems reasonably necessary to carry out the re8 sponsibilities under this subsection.

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

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

11 the reviews required by section 1706 of this part, or other12 wise, that a grant recipient under this part is not in sub13 stantial compliance with the terms and requirements of

14 an approved grant application submitted under section

15 1702 of this part, the Attorney General may revoke or

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

17 ‘‘SEC. 1708. ACCESS TO DOCUMENTS.

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

19 General shall have access for the purpose of audit and ex20 amination to any pertinent books, documents, papers, or

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

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

23 State and local governments, persons, businesses, and

24 other entities that are involved in programs, projects, or

25 activities for which assistance is provided under this part.
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1 ‘‘(b) BY THE COMPTROLLER GENERAL.—The provi2 sions of subsection (a) of this section shall also apply with

3 respect to audits and examinations conducted by the

4 Comptroller General of the United States or by an author5 ized representative of the Comptroller General.

6 ‘‘SEC. 1709. GENERAL REGULATORY AUTHORITY.

7 ‘‘The Attorney General is authorized to promulgate

8 regulations and guidelines to carry out this part.

9 ‘‘SEC. 1710. DEFINITION.

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

11 enforcement officer’ means a person hired on a permanent

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

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

14 or investigation of violations of criminal laws.’’

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

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

17 Act of 1968 (42 U.S.C. 3711, et seq.) is amended by strik18 ing the material relating to Part Q and inserting the fol19 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.
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‘‘PART R—TRANSITION-EFFECTIVE DATE-REPEALER

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

1 SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

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

3 the Omnibus Crime Control and Safe Streets Act of 1968

4 (42 U.S.C. 2793) is amended—

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

6 inserting ‘‘N, O, P, and Q.’’; and

7 (2) by adding at the end the following new

8 paragraph:

9 ‘‘(11)(A) There are authorized to be appro10 priated to carry out Part Q, to remain available

11 until expended, $200,000,000 for fiscal year 1994

12 and $650,000,000 for each of the fiscal years 1995,

13 1996, 1997, 1998, and 1999.

14 ‘‘(B) Of funds available under Part Q in any

15 fiscal year, up to 5% may be used for technical as16 sistance under section 1701(e) or for evaluations or

17 studies carried out or commissioned by the Attorney

18 General in furtherance of the purposes of Part Q,

19 and up to 5% may be used for the costs of States

20 in carrying out the functions described in section

21 1703(b) or other administrative costs. Of the re22 maining funds, 60% shall be allocated for grants

23 pursuant to applications submitted as provided in

24 section 1703(a) or (d), and 40% shall be allocated
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1 for grants pursuant to applications submitted as

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

3 in relation to grants pursuant to applications sub4 mitted as provided in section 1703(a) or (d), at least

5 85% shall be applied to grants for the purposes

6 specified in section 1701(b), and no more than 15%

7 may be applied to other grants in furtherance of the

8 purposes of Part Q. Of the funds available in rela9 tion to grants pursuant to applications submitted as

10 provided in section 1703(c), at least 85% shall be

11 applied to grants for the purposes specified in sec12 tion 1701(b), and no more than 15% may be applied

13 to other grants in furtherance of the purposes of

14 Part Q.’’.

Æ

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