Union Calendar No. 175

103D CONGRESS

1ST SESSION H. R. 3355

[Report No. 103–324]

A BILL

To amend the Omnibus Crime Control and Safe

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

NOVEMBER 3, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 175

103D CONGRESS

1ST SESSION H. R. 3355

[Report No. 103–324]

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

NOVEMBER 3, 1993

Additional sponsor: Mr. HUGHES

NOVEMBER 3, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on October 26, 1993]

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
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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 Con5 trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.)

6 is amended by—

7 (1) redesignating part Q as part R;

8 (2) redesignating section 1701 as section 1801;

9 and

10 (3) inserting after part P the following new part:

11 ‘‘PART Q—PUBLIC SAFETY AND COMMUNITY

12 POLICING; ‘COPS ON THE BEAT’

13 ‘‘SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COM14 MUNITY POLICING GRANTS.

15 ‘‘(a) GRANT AUTHORIZATION.—The Attorney General

16 is authorized to make grants to States and units of local

17 government, and to other public and private entities, to in18 crease police presence, to expand and improve cooperative

19 efforts between law enforcement agencies and members of

20 the community to address crime and disorder problems, and

21 otherwise to enhance public safety.

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

23 Grants made under the authority of subsection (a) of this
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1 section may be used for programs, projects, and other activi2 ties to—

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

4 been laid off as a result of State and local budget re5 ductions for deployment in community-oriented polic6 ing; and

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

8 enforcement officers (including cadets and trainees)

9 for deployment in community-oriented policing across

10 the Nation.

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

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

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

14 ‘‘(1) increase the number of law enforcement offi15 cers involved in activities that are focused on inter16 action with members of the community on proactive

17 crime control and prevention by redeploying officers

18 to such activities;

19 ‘‘(2) provide specialized training to law enforce20 ment officers to enhance their conflict resolution, me21 diation, problem solving, service, and other skills

22 needed to work in partnership with members of the

23 community;

24 ‘‘(3) increase police participation in multidisci25 plinary early intervention teams;
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1 ‘‘(4) develop new technologies to assist State and

2 local law enforcement agencies in reorienting the em3 phasis of their activities from reacting to crime to

4 preventing crime;

5 ‘‘(5) develop and implement innovative programs

6 to permit members of the community to assist State

7 and local law enforcement agencies in the prevention

8 of crime in the community;

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

10 and keep to a minimum, the amount of time that law

11 enforcement officers must be away from the commu12 nity while awaiting court appearances;

13 ‘‘(7) establish and implement innovative pro14 grams to increase and enhance proactive crime con15 trol and prevention programs involving law enforce16 ment officers and young persons in the community;

17 ‘‘(8) develop and establish new administrative

18 and managerial systems to facilitate the adoption of

19 community-oriented policing as an organization-wide

20 philosophy; and

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

22 prevention and control programs (involving law en23 forcement officers working with community members)

24 with other existing Federal programs that serve the

25 community and community members to better address
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1 the comprehensive needs of such community and its

2 members.

3 ‘‘(d) PREFERENTIAL CONSIDERATION OF APPLICA4 TIONS FOR CERTAIN GRANTS.—In awarding grants under

5 this part, the Attorney General may give preferential con6 sideration to grants for hiring and rehiring additional ca7 reer law enforcement officers that involve a non-Federal

8 contribution exceeding the 25 percent minimum under sub9 section (h) of this section.

10 ‘‘(e) TECHNICAL ASSISTANCE.—(1) The Attorney Gen11 eral may provide technical assistance to States and units

12 of local government, and to other public and private enti13 ties, in furtherance of the purposes of this part.

14 ‘‘(2) The technical assistance provided by the Attorney

15 General may include the development of a flexible model

16 that will define for States and units of local government,

17 and other public and private entities, definitions and strat18 egies associated with community or problem-oriented polic19 ing and methodologies for its implementation.

20 ‘‘(3) The technical assistance provided by the Attorney

21 General may include the establishment and operation of

22 training centers or facilities, either directly or by contract23 ing or cooperative arrangements. The functions of the cen24 ters or facilities established under this paragraph may in25 clude instruction and seminars for police executives, man-
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1 agers, trainers, and supervisors concerning community or

2 problem-oriented policing and improvements in police-com3 munity interaction and cooperation that further the pur4 poses of this part.

5 ‘‘(f) UTILIZATION OF DEPARTMENT OF JUSTICE OF6 FICES AND SERVICES.—The Attorney General may utilize

7 any office or service of the Department of Justice in carry8 ing out this part.

9 ‘‘(g) MINIMUM AMOUNT.—Each qualifying State, to10 gether with grantees within the State, shall receive in each

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

12 0.25 percent of the total amount appropriated in the fiscal

13 year for grants pursuant to such subsection. As used in this

14 subsection, ‘qualifying State’ means any State which has

15 submitted an application for a grant, or in which an eligi16 ble entity has submitted an application for a grant, which

17 meets the requirements prescribed by the Attorney General

18 and the conditions set out in this part.

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

20 a program, project, or activity provided by a grant under

21 subsection (a) of this section may not exceed 75 percent,

22 unless the Attorney General waives, wholly or in part, the

23 requirement under this subsection of a non-Federal con24 tribution to the costs of a program, project, or activity. In

25 relation to a grant for a period exceeding one year for hir-
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1 ing or re-hiring career law enforcement officers, the Federal

2 share shall decrease from year to year, looking towards the

3 continuation of the increased hiring level using State or

4 local sources of funding following the conclusion of Federal

5 support, as provided in an approved plan pursuant to sec6 tion 1702(c)(8) of this part.

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

8 under this part shall be allocated as provided in section

9 1001(a)(11)(B) of this title.

10 ‘‘(j) TERMINATION OF GRANTS FOR HIRING OFFI11 CERS.—The authority under subsection (a) of this section

12 to make grants for the hiring and rehiring of additional

13 career law enforcement officers shall lapse at the conclusion

14 of six years from the date of enactment of this part. Prior

15 to the expiration of this grant authority, the Attorney Gen16 eral shall submit a report to Congress concerning the experi17 ence with and effects of such grants. The report may include

18 any recommendations the Attorney General may have for

19 amendments to this part and related provisions of law in

20 light of the termination of the authority to make grants for

21 the hiring and rehiring of additional career law enforce22 ment officers.
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1 ‘‘SEC. 1702. APPLICATIONS.

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

3 part unless an application has been submitted to, and ap4 proved by, the Attorney General.

5 ‘‘(b) FORM AND CONTENT OF APPLICATION.—An ap6 plication for a grant under this part shall be submitted in

7 such form, and contain such information, as the Attorney

8 General may prescribe by regulation or guidelines.

9 ‘‘(c) COMPLIANCE WITH REGULATIONS OR GUIDE10 LINES.—In accordance with the regulations or guidelines

11 established by the Attorney General, each application for

12 a grant under this part shall—

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

14 implementation plan that reflects consultation with

15 community groups and appropriate private and pub16 lic agencies and reflects consideration of the statewide

17 strategy under section 503(a)(1) of this part;

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

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

20 the need without federal assistance;

21 ‘‘(4) identify related governmental and commu22 nity initiatives which complement or will be coordi23 nated with the proposal;

24 ‘‘(5) certify that there has been appropriate co25 ordination with all affected agencies;
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1 ‘‘(6) outline the initial and ongoing level of com2 munity support for implementing the proposal in3 cluding financial and in-kind contributions or other

4 tangible commitments;

5 ‘‘(7) specify plans for obtaining necessary sup6 port and continuing the proposed program, project, or

7 activity following the conclusion of Federal support;

8 and

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

10 or rehiring additional career law enforcement offi11 cers—

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

13 the grantee of a progressively larger share of the

14 cost in the course of time, looking towards the

15 continuation of the increased hiring level using

16 State or local sources of funding following the

17 conclusion of Federal support;

18 ‘‘(B) assess the impact, if any, of the in19 crease in police resources on other components of

20 the criminal justice system;

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

22 to re-orient the affected law enforcement agency’s

23 mission towards community-oriented policing or

24 enhance its involvement in or commitment to

25 community-oriented policing; and
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1 ‘‘(D) ensure that, to the extent practicable,

2 grantees seek and recruit members of racial, eth3 nic, and gender minority groups whose represen4 tation in the law enforcement agency for which

5 funds are sought is less than in the general pop6 ulation qualified for such employment in such

7 jurisdiction.

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

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

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

11 submit an application to the State office designated under

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

13 is located for initial review.

14 ‘‘(b) INITIAL REVIEW OF APPLICATION.—The State of15 fice referred to in subsection (a) of this section shall review

16 applications for grants under this part submitted to it,

17 based upon criteria specified by the Attorney General by

18 regulation or guidelines, and rank such applications based

19 upon the criteria specified by the Attorney General. The

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

21 submit the list along with all grant applications and sup22 porting materials received to the Attorney General.

23 ‘‘(c) DIRECT APPLICATION TO THE ATTORNEY GEN24 ERAL BY CERTAIN MUNICIPALITIES.—Notwithstanding sub25 section (a) of this section, municipalities whose population
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1 exceeds 100,000 may submit an application for a grant

2 under this part directly to the Attorney General. For pur3 poses of this subsection, ‘municipalities whose population

4 exceeds 100,000’ means units of local government or law

5 enforcement agencies having jurisdiction over areas with

6 populations exceeding 100,000, and consortia or associa7 tions that include one or more such units of local govern8 ment or law enforcement agencies.

9 ‘‘(d) DIRECT APPLICATION TO THE ATTORNEY GEN10 ERAL BY OTHER APPLICANTS.—Notwithstanding subsection

11 (a) of this section, if a State chooses not to carry out the

12 functions described in subsection (b) of this section, an ap13 plicant in the State may submit an application for a grant

14 under this part directly to the Attorney General.

15 ‘‘SEC. 1704. RENEWAL OF GRANTS.

16 ‘‘(a) IN GENERAL.—Except for grants made for hiring

17 or rehiring additional career law enforcement officers, a

18 grant under this part may be renewed for up to two addi19 tional years after the first fiscal year during which a recipi20 ent receives its initial grant if the Attorney General deter21 mines that the funds made available to the recipient were

22 used in a manner required under an approved application

23 and if the recipient can demonstrate significant progress

24 in achieving the objectives of the initial application.
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1 ‘‘(b) GRANTS FOR HIRING.—Grants made for hiring

2 or rehiring additional career law enforcement officers may

3 be renewed for up to five years, subject to the requirements

4 of subsection (a) of this section, but notwithstanding the

5 limitation in that subsection concerning the number of

6 years for which grants may be renewed.

7 ‘‘(c) MULTI-YEAR GRANTS.—A grant for a period ex8 ceeding one year may be renewed as provided in this sec9 tion, except that the total duration of such a grant includ10 ing any renewals may not exceed three years, or six years

11 if it is a grant made for hiring or rehiring additional ca12 reer law enforcement officers.

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

14 ‘‘(a) NON-SUPPLANTING REQUIREMENT.—Funds made

15 available under this part to States or units of local govern16 ment shall not be used to supplant State or local funds,

17 but will be used to increase the amount of funds that would,

18 in the absence of Federal funds, be made available from

19 State or local sources.

20 ‘‘(b) ADMINISTRATIVE COSTS.—No more than 5 per21 cent of the funds available under this part may be used

22 for the costs of States in carrying out the functions de23 scribed in section 1703(b) or other administrative costs.

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

25 government may use assets received through the assets for-
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1 feiture equitable sharing program to cover the non-Federal

2 portion of programs, projects, and activities funded under

3 this part.

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

5 part for hiring or rehiring a career law enforcement officer

6 may not exceed $75,000, unless the Attorney General grants

7 a waiver from this limitation.

8 ‘‘SEC. 1706. PERFORMANCE EVALUATION.

9 ‘‘(a) EVALUATION COMPONENTS.—

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

11 under this part shall contain an evaluation compo12 nent, developed pursuant to guidelines established by

13 the Attorney General.

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

15 shall include outcome measures that can be used to

16 determine the effectiveness of the funded programs,

17 projects, activities and a description of the geographic

18 dispersion, and racial, ethnic, and gender diversity of

19 rehired and new employees. Outcome measures may

20 include crime and victimization indicators, quality of

21 life measures, community perceptions, and police per22 ceptions of their own work.

23 ‘‘(b) PERIODIC REVIEW AND REPORTS.—The Attorney

24 General shall review the performance of each grant recipient

25 under this part. The Attorney General may require a grant
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1 recipient to submit to the Attorney General the results of

2 the evaluations required under subsection (a) and such

3 other data and information as the Attorney General deems

4 reasonably necessary to carry out the responsibilities under

5 this subsection.

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

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

8 reviews required by section 1706 of this part, or otherwise,

9 that a grant recipient under this part is not in substantial

10 compliance with the terms and requirements of an approved

11 grant application submitted under section 1702 of this

12 part, the Attorney General may revoke or suspend funding

13 of that grant, in whole or in part.

14 ‘‘SEC. 1708. ACCESS TO DOCUMENTS.

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

16 General shall have access for the purpose of audit and exam17 ination to any pertinent books, documents, papers, or

18 records of a grant recipient under this part, as well as the

19 pertinent books, documents, papers, or records of States and

20 units of local government, persons, businesses, and other en21 tities that are involved in programs, projects, or activities

22 for which assistance is provided under this part.

23 ‘‘(b) BY THE COMPTROLLER GENERAL.—The provi24 sions of subsection (a) of this section shall also apply with

25 respect to audits and examinations conducted by the Comp-
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1 troller General of the United States or by an authorized

2 representative of the Comptroller General.

3 ‘‘SEC. 1709. GENERAL REGULATORY AUTHORITY.

4 ‘‘The Attorney General is authorized to promulgate

5 regulations and guidelines to carry out this part.

6 ‘‘SEC. 1710. DEFINITION.

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

8 enforcement officer’ means a person hired on a permanent

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

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

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

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

13 title I of the Omnibus Crime Control and Safe Streets Act

14 of 1968 (42 U.S.C. 3711, et seq.) is amended by striking

15 the material relating to part Q and inserting the following:

‘‘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.’’.
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1 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

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

3 Omnibus Crime Control and Safe Streets Act of 1968 (42

4 U.S.C. 3793)is amended—

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

6 inserting ‘‘O, P, and Q.’’; and

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

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

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

10 $200,000,000 for fiscal year 1994 and $650,000,000 for each

11 of the fiscal years 1995, 1996, 1997, 1998, and 1999.

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

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

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

15 out or commissioned by the Attorney General in furtherance

16 of the purposes of part Q, and up to 5 percent may be used

17 for the costs of States in carrying out the functions de18 scribed in section 1703(b) or other administrative costs. Of

19 the remaining funds, 60 percent shall be allocated for grants

20 pursuant to applications submitted as provided in section

21 1703(a) or (d), and 40 percent shall be allocated for grants

22 pursuant to applications submitted as provided in section

23 1703(c). Of the funds available in relation to grants pursu24 ant to applications submitted as provided in section

25 1703(a) or (d), at least 85 percent shall be applied to grants

26 for the purposes specified in section 1701(b), and no more
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1 than 15 percent may be applied to other grants in further2 ance of the purposes of part Q. Of the funds available in

3 relation to grants pursuant to applications submitted as

4 provided in section 1703(c), at least 85 percent shall be ap5 plied to grants for the purposes specified in section 1701(b),

6 and no more than 15 percent may be applied to other grants

7 in furtherance of the purposes of part Q.’’.