[Federal Register Volume 60, Number 11 (Wednesday, January 18, 1995)]
[Notices]
[Pages 3648-3654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1114]



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DEPARTMENT OF JUSTICE


Office of Community Oriented Policing Services; COPS AHEAD and 
COPS FAST Grant Programs

AGENCY: Department of Justice, Office of Community Oriented Policing 
Services.

ACTION: Notice of interim program guidelines with request for comments 
for the Accelerated Hiring, Education and Deployment (COPS AHEAD) and 
Funding Accelerated for Smaller (COPS Fast) Programs.

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SUMMARY: The Office of Community Oriented Policing Services, U.S. 
Department of Justice is publishing, for a 45-day public comment 
period, interim guidelines to accompany the COPS AHEAD and COPS FAST 
programs. Both programs are expedited approaches for the award of 
grants for the hiring or rehiring of career law enforcement officers 
and are among the programs authorized by the Violent Crime Control and 
Law Enforcement Act of 1994, Public Law 103-322.

DATES: Interim guidelines effective January 18, 1995; comments must be 
received on or before March 6,1995.

ADDRESSES: Comments may be mailed to the Office of the General Counsel, 
Office of Community Oriented Policing Services, U.S. Department of 
Justice, P.O. Box 14440,Washington, DC 20044, or delivered to Suite 
300, 633 Indiana Avenue, NW., Washington, DC between 9 a.m. and 5:30 
p.m. Comments received may also be inspected at Suite 300 between 9:15 
a.m. and 5:15 p.m.

FOR FURTHER INFORMATION CONTACT:
L. Anthony Sutin, General Counsel, Office of Community Oriented 
Policing Services, U.S. Department of Justice, 633 Indiana Avenue NW., 
Suite 300, Washington, DC 20531; telephone (202) 514-2058.

SUPPLEMENTARY INFORMATION: These interim guidelines have been developed 
by the Office of Community Oriented Policing Services in order to 
provide guidance to applicants and grantees concerning the 
administration and implementation of the Accelerated Hiring, Education 
and Deployment (``COPS AHEAD'') and Funding Accelerated for Smaller 
Towns (``COPS FAST'') programs. Availability of funds under these 
programs and application deadlines were announced in the Federal 
Register on November 3, 1994 (59 FR 55132). The guidelines address the 
eligibility for the programs, substantive and procedural program 
requirements, the application process, and other administrative 
matters. Section 1-4, 7 and 8 of the guidelines apply to both COPS 
AHEAD and COPS FAST. Section 5 applies exclusively to applicants and 
grantees under COPS AHEAD, and Section 6 applies exclusively to 
applicants and grantees under COPS FAST.
    These guidelines have not been reviewed by the Office of Management 
and Budget pursuant to Executive Order 12866. These guidelines will not 
have a substantial impact on a significant number of small entities, 
thus a regulatory flexibility analysis has not been prepared pursuant 
to the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
    The collection of information requirements relating to the COPS 
AHEAD and COPS FAST Applications has been submitted to the Office of 
Management and Budget for review under the Paperwork Reduction Act, 44 
U.S.C. 3504(h) and have received clearance numbers 1105-0061 and 1103-
0015, respectively.

Section 1  Purpose and Substantive Description

    1.1  Public safety and community policing grants are authorized by 
the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3711, 
et seq., as amended by the Public Safety Partnership and Community 
Policing Act of 1994 (Title I of the Violent Crime Control and Law 
Enforcement Act of 1994) Public Law 103-322 (``the Act'').
    1.2  The purposes of these grants are 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. COPS AHEAD and COPS 
FAST are part of the Department of Justice's efforts to increase the 
number of sworn law enforcement officers by 100,000 over current 
levels.
    1.3  The Attorney General will delegate powers and responsibilities 
under this program to the Director of the Office of Community Oriented 
Policing Services (``COPS'') upon his or her appointment.
    1.3.1  The Director will have final authority, subject to 
applicable administrative or judicial rights of appeal conferred by 
statute or regulation, to award, deny, modify, condition, suspend, or 
terminate grants under this program. The Director will carry out these 
duties under the general guidance and direction of the Attorney General 
and the Associate Attorney General.
[[Page 3649]]

Section 2  Eligibility To Apply for Grants

    2.1  In general, grants under the Act may be made to States, units 
of local government, Indian tribal governments, other public and 
private (nongovernmental) entities, and multi-jurisdictional or 
regional consortia thereof.
    2.1.1  ``Unit of local government'' means any city, county, 
township, town, borough, parish, village, or other general purpose 
political subdivision of a State, an Indian tribe which performs law 
enforcement functions as determined by the Secretary of the Interior, 
or, for the purpose of assistance eligibility, any agency of the 
District of Columbia government, or the United States Government 
performing law enforcement functions in and for the District of 
Columbia, and the Trust Territory of the Pacific Islands.
    2.1.2  An ``Indian tribe'' means a tribe, band, pueblo, nation, or 
other organized group or community of Indians, including an Alaska 
Native village (as defined in or established under the Alaska Native 
Claims Settlement Act (43 U.S.C. 1601, et seq.)), that is recognized as 
eligible for the special programs and services provided by the United 
States to Indians because of their status as Indians.

Section 3  Apportionment and Allocation of Grant Funds

    3.1  Unless all applications submitted by any State and grantee 
within the State have been funded, each qualifying State, together with 
grantees within the State, shall receive in each fiscal year at least 
0.5 percent of the total amount appropriated in the fiscal year for 
public safety and community policing grants.
    3.1.1  ``Qualifying State'' means any State which has submitted an 
application for a grant, or in which an eligible entity has submitted 
an application for a grant, which meets the application requirements 
established by the Department of Justice and complies with all 
requirements of the Act, these guidelines and other applicable 
provisions of federal law and regulations.
    3.1.2  ``State'' means any State of the United States, the District 
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, 
American Samoa, Guam, and the Northern Mariana Islands. For purposes of 
3.1, American Samoa and the Commonwealth of the Northern Mariana 
Islands shall be considered as one state with 67 percent of the amounts 
allotted per state to be allotted to American Samoa and 33 percent to 
the Commonwealth of the Northern Mariana Islands.
    3.1.3  For purposes of applying 3.1, ``the total amount 
appropriated in the fiscal year for public safety and community 
policing grants'' shall be determined by the total appropriation less 
sums allocated to training and technical assistance, evaluations or 
studies, other lawful purposes, and amounts not obligated at the end of 
the fiscal year.
    3.1.4  In determining the geographic apportionment for purposes of 
3.1, a grant award that is not accepted by a grantee in a particular 
state shall be included within the apportionment for that state as if 
such grant had been accepted, provided that, should an award not be 
accepted, the Director will reward the funds to another eligible 
applicant in the same state, if one exists, if necessary to meet the 
requirements of 3.1.
    3.1.5  Compliance with the requirement of 3.1 shall be determined 
by reference to all grants made within a fiscal year and not on a 
phase-by-phase or any other less comprehensive basis.
    3.2  One-half of the amount allocated for grants in any fiscal year 
shall be allocated for grants pursuant to applications submitted by 
units of local government or law enforcement agencies having 
jurisdiction over areas with populations exceeding 150,000 or by public 
and private entities that serve areas with populations exceeding 
150,000, and one-half shall be allocated for grants pursuant to 
applications submitted by units of local government or law enforcement 
agencies having jurisdiction over areas with populations of 150,000 or 
less or by public and private entities that serve areas with 
populations of 150,000 or less.
    3.2.1  For purposes of implementing this allocation requirement, as 
well as for purposes of determining eligibility for particular 
programs, each application for a COPS grant will require the applicant 
to certify the population of the area served by the applicant. 
``Population'' means the total resident population based on the 
adjusted 1990 data compiled by the United States Bureau of the Census.

Section 4  Requirements Applicable to COPS AHEAD and COPS FAST

    4.1  COPS AHEAD and COPS FAST grants will be made for programs, 
projects, and other activities to rehire law enforcement officers who 
have been laid off as a result of State and local budget reductions for 
deployment in community oriented policing, and/or to hire new, 
additional career law enforcement officers in community oriented 
policing (``hire/rehire grants'').
    4.1.1  A ``career law enforcement officer'' means a person hired on 
a permanent basis who is authorized by law or by a State or local 
public agency to engage in or supervise the prevention, detection, or 
investigation of violations of criminal laws. ``Career law enforcement 
officers'' may include (but are not limited to) sworn municipal, 
county, state and tribal police officers, sheriffs' deputies, and 
certain officers employed by other law enforcement, investigative and 
prosecutorial agencies.
    4.1.1  To be eligible for funding under a COPS grants, a rehired 
officer must have been separated from the force prior to October 1, 
1994.
    4.1.2  Grantees may transfer law enforcement officers who are 
experienced or trained in community oriented policing into positions 
funded by a COPS grant, while newly hired or rehired officers are 
assigned to training, probationary or other assignments as may be 
customary practice within the agency, provided that there must be an 
equal and contemporaneous transfer of current officers to community 
policing functions as newly hired or rehired officers are assigned to 
training and probationary assignments. Such transfers will not, 
however, affect the date on which grant funding for a newly hired or 
rehired officer commences.
    4.1.2  ``Community oriented policing'' carries no single 
definition, nor is there a single approach to community oriented 
policing. However, community policing stresses the importance of 
police-citizen cooperation to control crime, maintain order, and 
improve the quality of life in America. The community is an active 
partner with police in defining the problems that are addressed, the 
tactics used, and how success is measured. Prevention, problem solving, 
and partnerships are tenets of community policing that have been 
emphasized by police, researchers, and policymakers. Community oriented 
policing can be distinguished from traditional reactive law enforcement 
activities.
    4.2  The amount of hire/rehire grants is limited to 75 percent of 
the salary and benefits of a hired or rehired career law enforcement 
officer, subject to a ceiling of $75,000 per officer. These 
restrictions apply over the life of a grant, not on an annual basis.
    4.2.1  Benefits for purposes of a COPS AHEAD and COPS FAST grant 
include health insurance, retirement benefits, social security/FICA 
contributions, vacation and sick leave, and workers' compensation 
benefits. Benefits for purposes of a COPS AHEAD [[Page 3650]] and COPS 
FAST grant excluded equipment, uniforms, vehicles and overtime.
    4.2.2  In order to make funds available to the widest number of 
communities and to expedite the processing of applications, the 
Department of Justice has determined that no waivers of the 
restrictions of 4.2 will be granted in connection with the COPS FAST 
and COPS AHEAD programs. Accordingly, applicants should not apply for 
more funding than is permitted in accordance with the maximum per 
officer grant amount as described above. The availability of waivers in 
connection with other COPS programs will be set forth in future program 
announcements.
    4.2.3  Guidance concerning the matching and non-federal share 
requirements applicable to all Department of Justice grants is set 
forth in Title 28, Part 66 of the Code of Federal Regulations.
    4.2.3.1  The non-federal share of hire/rehire grants may be applied 
from the following sources:
    (a) Funds from States and local units of government that have a 
binding, nonspeculative commitment (as of the time of the grant 
application) of matching funds for programs or projects, including 
funds appropriated by the State and available to local units of 
government for the purpose of satisfying the non-federal share 
requirement;
    (b) Funds from the following, where consistent with applicable 
regulations:
    (1) Housing and Community Development Act of 1974, 42 U.S.C. 5301, 
et seq.;
    (2) asset forfeiture equitable sharing program, 21 U.S.C. 881(e);
    (c) Funds contributed from private sources;
    (d) Program income funds from seized assets and forfeitures;
    (e) Funds appropriated by the Congress for the activities of any 
agency of either an Indian tribal government or the Bureau of Indian 
Affairs performing law enforcement functions on any Indian lands; and
    (f) Sources otherwise authorized by law.
    4.2.4  The non-federal share of costs must consist of costs 
incurred during the grant period. In particular, COPS AHEAD grantees 
may not treat costs incurred or paid prior to the beginning of the 
grant period as the non-Federal share of grant costs.
    4.2.5  COPS AHEAD and COPS FAST grants will be made for a period of 
three years. The federal share of a hire/rehire grant will decline year 
by year over the course of the grant, looking toward the continuation 
of the increased hiring level using State or local sources of funding 
following the conclusion of federal support.
    4.2.5.1  The rate at which the federal share will decline will be 
determined, prior to grant award, on a case-by-case basis in a flexible 
manner. Generally, efforts will be made to accommodate the 
circumstances and budget requirements of the grantee in the 
determination of the decrease in federal share.
    4.3  If an officer hired or rehired using COPS grant funds leaves a 
grantee's force during the grant period, the grantee should seek to 
replace the former officer with a newly hired or rehired officer. The 
portion of grant funding allocable to such a position will be suspended 
during the period of time in which the position remains vacant.
    4.4  Subject to the limitations of this subsection and requirements 
of applicable nondiscrimination or other laws, the selection, training 
and recruitment of career law enforcement officers to be hired or 
rehired is within the discretion and judgment of the grantee.
    4.4.1  In order to further effective law enforcement, grantees 
will, to the extent practicable and consistent with applicable law, 
seek, recruit, and hire qualified persons who are members of racial and 
ethnic minority groups and qualified women to increase their ranks 
within the sworn positions in the law enforcement agency.
    4.4.2  Grantees may hire former members of the Armed Forces to 
serve as career law enforcement officers, particularly in communities 
that are adversely affected by a recent military base closing.
    4.4.2.1  ``Former member of the Armed Forces'' means a member of 
the Armed Forces of the United States who is involuntarily separated 
from the Armed Forces within the meaning of section 1141 of Title 10, 
United States Code.
    4.4.3  In order to maintain the high quality and preparedness of 
the nation's law enforcement officers, in hiring new officers, grantees 
may not reduce the scope of their customary screening and training 
procedures, and must include community policing principles in their 
training curricula (including refresher training where appropriate).
    4.4.3.1  Assistance in the development or adaptation of training 
curricula dealing with community policing is available upon request 
from the COPS Office.
    4.5  No grant may be made without the submission and approval of a 
grant application in the form and manner prescribed by the COPS Office.
    4.6  Grant funds must be used in accordance with these guidelines, 
applicable statutes, DOJ regulations, Notices, Handbooks, OMB 
circulars, grant agreements and award documents, budget documents, 
narratives and timetables. Copies of applicable requirements may be 
obtained from the COPS Office.
    4.7  Each grant shall contain a monitoring component. Monitoring 
will include periodic financial and programmatic reporting and, in 
appropriate circumstances, on-site reviews. Guidelines for monitoring 
components will be issued by the COPS Office.
    4.8  Selected grant recipients will be evaluated on the local level 
or as part of a national evaluation. Evaluation means the 
administration and conduct of studies and analyses to determine the 
impact and value of a project or program. These evaluations may include 
assessments of individual program implementations. In selected 
jurisdictions that are able to support outcome evaluations, an 
evaluation of the effectiveness of funded programs, projects, and 
activities may be undertaken. Outcome measures may include crime and 
victimization indicators, quality of life measures, community 
perceptions, and police perceptions of their own work.
    4.9  Funds made available to States or units of local government 
shall not be used to supplant or replace State or local funds, or, in 
the case of Indian tribal governments, funds supplied by the Bureau of 
Indian Affairs, but shall be used to increase the amount of funds that 
would, in the absence of a COPS grant, be made available from State or 
local sources, or in the case of Indian tribal governments, from funds 
supplied by the Bureau of Indian Affairs.
    4.9.1  Each application for a COPS grant shall contain a 
certification or assurance that COPS grant funds will not be used to 
supplant State or local funds, or, in the case of Indian tribal 
governments, funds supplied by the Bureau of Indian Affairs. The 
certification also must state that funds required to pay the non-
federal portion of the cost of each program and project for which such 
grant is made shall be in addition to funds that would otherwise be 
made available for law enforcement.
    4.9.2  To prevent supplanting, grantees must devote additional 
resources to law enforcement beyond those that would have been made 
available irrespective of the application for or receipt of a COPS 
grant. In general, absent a demonstrated justification unrelated to the 
COPS grant, COPS grants will be expected to [[Page 3651]] increase the 
grantee's force level above the number of funded (filled and vacant) 
sworn officers existing on October 1, 1994. The following additional 
indicators may be used by the Department of Justice to review 
applicants and monitor grants for the presence of supplanting:
    (a) when COPS-funded hires are excluded, the level of new officers 
hired or rehired, or projected to be hired or rehired, during the 
current local fiscal year is inconsistent with recent historical 
practice;
    (b) when COPS-funded hires are excluded, positive and timely steps 
have not been taken to offset funded vacancies existing on or after 
October 1, 1994 due to attrition; and/or
    (c) any other indicia that suggest that the amount of non-federal 
resources devoted to the hiring or rehiring of law enforcement officers 
has decreased in expectation of or as the result of receipt of a COPS 
grant.
    4.9.2.1  By way of example only, the following practices likely 
will be regarded as supplanting:
    (a) A department with vacant funded positions at the start of the 
grant period or at any time thereafter hires no new officers other than 
COPS grant-funded hires.
    (b) No timely hiring, other than COPS-grant funded hiring, is done 
by a department to replace vacancies created by attrition existing at 
or after the beginning of a grant period.
    (c) No hiring, other than COPS-grant funded hiring, is undertaken 
by a department that has increased its force size in recent years.
    (d) Grant funds are used to replace, or to allow the reallocation 
of, funds already committed in a local budget for law enforcement 
purposes.
    4.9.3  Potential supplanting will be the subject of application 
review, as well as possible pre-award review, post-award monitoring, 
and audit.
    4.9.4  If the use of the indicators in 4.9.2 suggests the potential 
presence of supplanting, the applicant or grantee will be required to 
supply documentation to the COPS Office demonstrating that the 
reduction in nonfederal resources occurred for reasons other than the 
receipt or expected receipt of federal funding. If the documentation 
does not establish a satisfactory justification, the Director may deny 
grant funding, suspend or terminate an approved grant, seek repayment 
of grant amounts already disbursed, and/or refer a grantee for civil or 
criminal enforcement.
    4.9.5  An applicant seeking more definitive guidance concerning 
whether a particular use of COPS grant funds will be viewed as 
supplanting by the COPS Office may request an advisory letter. A 
request for an advisory letter should be directed in writing to the 
COPS Office of General Counsel. Such as request should set forth all of 
the relevant factual circumstances. An advisory letter will be sent to 
the requester within ten business days of receipt of a complete 
request. A grantee shall not be penalized by the COPS Office for good-
faith reliance on an advisory letter received under this provision.
    4.10  Each grant application also must be accompanied by assurances 
or certifications of compliance with legal requirements imposed by 
provisions of federal law other than the program requirements 
specifically imposed by the Act. The required assurances and 
certifications will be set forth in the application materials. These 
provisions include requirements that:
    (a) grantees maintain a drug-free workplace (28 CFR Part 67);
    (b) grant applicants not be currently debarred or suspended from 
participation in federal transactions (28 CFR Part 67)
    (c) grant funds not be used for federal lobbying efforts (28 CFR 
Part 69),
    (d) grantees not discriminate or deny benefits or program 
participation on the grounds of race, color, religion, gender, national 
origin, age or disability, that grantees forward the COPS Office notice 
of certain findings of civil rights violations, and that recipients of 
grants of $500,000 or more submit an Equal Employment Opportunity Plan 
(see 28 CFR Part 42, subparts C, D, E and G);
    (e) certain restrictions on political activities by grantee 
employees be observed (see 5 U.S.C. Sec. 1501, et seq.);
    (f) facilities used in connection with the grant-funded project not 
be listed on the EPA's list of Violating Facilities;
    (g) grantees observe the minimum wage and maximum hour provisions 
of the Federal Fair Labor Standards Act (29 U.S.C. Sec. 201 et seq.), 
if they apply to the grantee;
    (h) grantees establish safeguards against the use by employees of 
positions for private gain;
    (i) grantees comply with Office of Management and Budget Circulars 
governing the audit of federally-funded programs; and
    (j) grantees permit the Department of Justice and/or the 
Comptroller General access to records and documents relating to the 
grant.
    4.10.1  Copies of statutes and regulations relating to any of the 
matters on which assurances are sought are available on request from 
the COPS Office of General Counsel.
    4.11  Each State and local governmental applicant is responsible 
for compliance with the intergovernmental review process set forth in 
Executive Order 12372. Under this process, if the COPS grant program 
has been selected for review by the State in which the grantee is 
located, the applicant must submit a copy of the application to the 
State Single Point of Contact, if one exists. A listing of State Single 
Points of Contact will be contained in each COPS grant application kit. 
Submission of a copy of the application to the State Single Point of 
Contact may be done at the same time as the original application is 
submitted to the COPS Office.
    4.12  Grantees must comply with the fiscal and audit requirements 
established by the Single Audit Act and OMB Circular A-128.
    5.12.1  A grantee must establish or maintain an accounting system 
with sufficient fiscal controls to ensure adequate accountability for 
the funds that it has been awarded. Detailed guidance on these matters 
is contained in Chapter 4 of the Office of Justice Programs' Financial 
and Administrative Guide for Grants, which is available from the COPS 
Office on request. The grantee must permit access by representatives of 
the Department of Justice and/or the Comptroller General of the United 
States for the purpose of audit and examination to any pertinent books, 
documents, papers, or records of a grant recipient, and to the 
pertinent books, documents, papers, or records of State and local 
governments, persons, businesses, and other entities that are involved 
in programs, projects, or activities for which assistance is provided.

Section 5  Provisions Applicable to COPS AHEAD

    5.1  COPS AHEAD is open to States, units of local government, 
Indian tribal governments, multijurisdictional or regional consortia 
and other public entities employing career law enforcement officers and 
serving populations of 50,000 or more. ``Population'' is defined at 
3.2.1.
    5.1.1  Recipients of COPS Phase I grants (announced October 12, 
1994 based upon applications submitted under the Police Hiring 
Supplement program) are eligible to receive additional funding under 
COPS AHEAD if the combined hiring under both programs does not exceed 3 
percent of the actual October 1, 1994 force level.
    5.2  COPE AHEAD permits interested agencies to begin recruiting, 
hiring and training new officers to participate in community oriented 
policing in [[Page 3652]] anticipation of and conditional on the 
submission of a satisfactory grant application demonstrating compliance 
with all program and legal requirements.
    5.3  It is projected that COPS AHEAD funds will be sufficient to 
enable interested agencies to increase the level of sworn law 
enforcement officers by up to a maximum of three percent of the actual 
number of sworn officers performing law enforcement functions employed 
on October 1, 1994 (subject to the limitation of 5.1.1).
    5.3.1  In reporting the number of officers performing law 
enforcement functions, agencies should not include officers assigned to 
court security and jailing duties.
    5.4  Agencies interested in participating in COPS AHEAD have been 
asked to submit a letter of intent in a form prescribed by the COPS 
Office postmarked by November 10, 1994. In light of the quick turn-
around time required, agencies should make early submission of 
materials to avoid logistical problems caused by delivery-related 
problems. The percentage of force increase (up to three percent) 
available to the interested agencies under COPS AHEAD will be 
determined based upon the response received.
    5.4.1  If requests from interested agencies exceed the funds 
allocated to COPS AHEAD, the Attorney General or her designee has 
discretion to adjust the amount or starting date of grants. Any such 
adjustments shall seek to distribute the available funds in a manner 
that best serves the objectives of the Act.
    5.5  Interested agencies will receive further notification from the 
COPS Office on or about December 19, 1994.
    5.5.1  If eligibility is confirmed and no other matters are 
identified that would preclude a subsequent grant award, this ``Go 
Ahead'' notification will confirm eligibility to participate in COPS 
AHEAD and will set forth the number of officers that the applicant is 
eligible to begin hiring, recruiting and training pending submission 
and approval of a grant application. The application kit also will be 
transmitted with this notification.
    5.5.2  If the level of response to COPS AHEAD requires the Attorney 
General or her designee to adjust the starting date of grants, the 
notification will advise an affected agency that it is anticipated that 
its COPS AHEAD application will not be funded during this fiscal year. 
Such a notification does not affect the agency's right to seek funding 
under any other COPS grant programs for this fiscal year.
    5.5.3  A ``Go Ahead'' notification does not constitute a grant 
award or a decision or commitment to make a grant award. A grant 
decision will be made only upon submission of a formal grant 
application and approval requires demonstrated compliance with all 
program conditions and other requirements of applicable law. No 
enforceable obligation is created by the Go Ahead notification, rather, 
this notification, and the COPS AHEAD program itself, has been designed 
in response to requests from interested agencies for a procedure by 
which hiring and training of new officers could commence prior to 
completion of grant application processing. The risk of nonapproval 
remains entirely upon the applicant.
    5.5.4  If any issues related to compliance with legal requirements 
(e.g., ongoing violations of Title VI of the Civil Rights Act of 1964) 
that would or may preclude federal funding are known to the COPS Office 
as of the date of preparation of the notification letters, the COPS 
Office will seek to identify such issues in the notification letter 
and, if appropriate, seek to resolve such issues in conjunction with 
the applicant. Failure to identify such an issue in the notification 
letter does not waive the Department of Justice's right to require 
compliance with the applicable legal requirements as a condition of 
grant approval.
    5.6  Officers proposed to be funded under COPS AHEAD must be hired 
no later than the agency's first entering class of new officers with 
available capacity in the calendar year 1995.
    5.6.1  Absent other circumstances, hiring undertaken in response to 
a COPS AHEAD Go Ahead letter (and thus prior to a grant approval or 
award) will not be considered to constitute nonfederal expenditures for 
purposes of determining the presence of supplanting. If other 
information indicates that the hiring ostensibly undertaken in response 
to a COPS AHEAD Go Ahead letter was likely to have been undertaken 
regardless of the availability of a COPS AHEAD grant, then it may be 
concluded that supplanting in fact occurred.
    5.6.2  A COPS AHEAD grant may not be used to pay for the salary or 
benefits of an officer hired or rehired prior to October 1, 1994, 
absent a clear and convincing demonstration by the applicant that the 
hiring or rehiring of such officer was specifically contingent upon the 
receipt of a COPS grant.
    5.7  COPS AHEAD application kits will be mailed to all eligible 
agencies that receive a Go Ahead notification. In addition, application 
kits may be obtained upon request from the COPS Office, but may not be 
submitted by an agency that did not receive a Go Ahead notification.
    5.7.1  The COPS AHEAD application kit will contain detailed 
instructions on how to complete the application. In addition to 
standard assurances and certifications (see 4.10), each COPS AHEAD 
application will require the applicant to submit an application 
summary, a budget narrative, and to:
    (a) include a long-term strategy and detailed implementation plan 
that reflects the participation of, and consultation and cooperation 
with community members and groups (e.g., school, civic, neighborhood 
and tenant associations), organizations of police employees, and 
appropriate private and public agencies and reflects consideration of 
the applicable state's statewide Byrne Grant strategy developed under 
section 503(a)(1) of the Omnibus Crime Control and Safe Streets Act (42 
U.S.C. 3753(a)(1));
    (i) describe steps taken to consult with the organization which 
acts as the legally authorized bargaining representative of the 
applicant's law enforcement officer employees, if applicable, and 
submit any correspondence or other documentation reflecting such 
consultation;
    (b) demonstrate a specific public safety need;
    (c) explain the applicant's inability to address the need without 
federal assistance;
    (d) identify related governmental and community initiatives which 
complement or will be coordinated with the proposal;
    (e) certify that there has been appropriate coordination with all 
affected agencies;
    (f) outline the initial and ongoing level of community support for 
implementing the proposal including financial and in-kind contributions 
or other tangible commitments;
    (g) specify plans for obtaining necessary support and continuing 
the proposed program, project, or activity following the conclusion of 
federal support;
    (h) specify plans for the assumption by the applicant of a 
progressively larger share of the cost in the course of time, looking 
toward the continuation of the increased hiring level using State or 
local sources of funding following the conclusion of Federal support;
    (i) assess the impact, if any, of the increase in police resources 
on other components of the criminal justice system;
    (j) explain how the grant will be utilized to reorient the affected 
law enforcement agency's mission toward community-oriented policing or 
[[Page 3653]] enhance its involvement in or commitment to community-
oriented policy; and
    (k) provide assurances that, in order to further effective law 
enforcement, the applicant will, to the extent practicable and 
consistent with applicable law, seek, recruit, and hire qualified 
persons who are members of racial and ethnic minority groups and 
qualified women to increase their ranks within the sworn positions in 
the law enforcement agency.
    5.7.2  COPS AHEAD applicants also must submit an Application for 
Federal Assistance (Standard Form SF-424), which will be provided in 
the application kit. The SF-424 is the face sheet for the application.
    5.8  COPS AHEAD applications must be submitted no later than 
February 15, 1995. Completed applications should be mailed to COPS 
AHEAD, P.O. Box 14440, Washington, DC 20044, and generally will be 
processed in the order in which they were received.
    5.8.1  The COPS Office will notify an applicant of any curable 
deficiencies in the application and will make available any 
consultations or technical assistance needed to assist in the curing of 
such deficiencies.
    5.9  Grant determinations will be made in writing, with sufficient 
documentation to indicate the basis upon which assistance was provided 
or denied.
    5.9.1  If an application is approved, a grant award package, 
including any special conditions determined to be appropriate based 
upon the application (including grantee-specific monitoring 
requirements), will be prepared and forwarded to the applicant. The 
award package must be signed by the grantee and returned, and necessary 
financial arrangements for funds transfer made, before grant funding 
will commence.
    5.10  Grant funding will commence as of the date of the beginning 
of the grant period or the date on which the officers to be funded are 
hired, whichever occurs later.
    5.10.1  COPS AHEAD grant funding is prospective only from the 
beginning of the grant award period. Grant funds may not be used to pay 
for salaries or expenses incurred prior to the date of the beginning of 
the grant period, regardless of when the officers to be funded were 
hired.
    5.11  A COPS AHEAD application, whether successful or unsuccessful, 
will have no bearing on an applicant's eligibility to apply for any 
other COPS grants.
    5.11.1  An award under COPS AHEAD may be considered in evaluating 
the public safety need in connection with subsequent applications by 
the same agency.
    5.11.2  COPS application deadlines and processing time will be 
designed so that, to the extent practicable, COPS AHEAD applicants will 
be advised of the decision on a COPS AHEAD application prior to the 
deadline for the applications for another COPS program.

Section 6  Provisions Applicable to COPS FAST

    6.1  COPS FAST is open to States, units of local government, Indian 
tribal governments, multijurisdictional or regional consortia and other 
public entities employing career law enforcement officers serving 
populations under 50,000. ``Population'' is defined at 3.2.1.
    6.1.1  Recipients of COPS Phase I grants (announced October 12, 
1994 based upon Police Hiring Supplement applications) are eligible to 
receive additional funding under COPS FAST.
    6.2  COPS FAST uses a streamlined application kit to enable grant 
applications to be submitted and processed in very short time periods.
    6.2.1  COPS FAST Applications will be available on or about 
November 1, 1994, and will be mailed to the extent practicable to all 
eligible agencies. In addition, application kits may be obtained from 
the COPS Office, the Department of Justice Response Center, offices of 
members of Congress, and offices of United States Attorneys.
    6.2.2  In addition to standard assurances and certifications, each 
COPS FAST application will require the applicant to complete a one-page 
application (COPS Form 001) containing basic identifying information 
about the agency, the actual number of sworn officers performing law 
enforcement functions as of October 1, 1994, the number of new officers 
requested, population served, territorial area served, entry level 
salary and benefits information, the number of UCR Part I violent 
crimes during 1993, and an agreement to abide by the required 
assurances and certifications.
    6.2.2.1  Under the authority of the section 1702(d)(1) of the Act, 
and in the interest of expediting the submission and processing of COPS 
FAST applications, the Attorney General has waived the formal 
application requirements of section 1702(c)(1), (2), (3), (4), (5), 
(6), (7), (8), (9) and (10).
    6.3  Completed applications should be mailed to COPS FAST, P.O. Box 
14440, Washington, DC 20044, and must be postmarked by December 31, 
1994. Telecopied applications will be accepted provided that the front 
and back of the application form are transmitted, and must be sent by 
December 31, 1994 to (202) 514-9272.
    6.4  Based upon the level of response, the level of funding 
available to each applicant will be calculated.
    6.4.1  If requests from interested agencies exceed the funds 
allocated to COPS FAST, the Attorney General or her designee has 
discretion to adjust the amount or starting date of grants. Any such 
adjustments shall seek to distribute the available funds in a manner 
that best serves the objectives of the Act.
    6.5  Determinations on completed COPS FAST applications generally 
will be made beginning on or about January 2, 1995 with a targeted 
completion date, subject to the number of applications submitted, by 
February 1, 1995.
    6.5.1  The COPS Office will notify an applicant of any curable 
deficiencies in the application and will make available any technical 
assistance or consultations needed to assist in the curing of such 
deficiencies.
    6.6  Applicants will be notified on or about February 1, 1995 
whether an application has been conditionally approved, has been 
denied, or has been deferred.
    6.6.1  A notice of conditional approval will set forth the number 
of officers that the applicant may begin to recruit, hire and train 
pending final approval of the grant application. Generally, the 
approval will be conditioned on the submission of a brief description 
of the manner in which the proposed hires will be utilized to implement 
community oriented policing in the applicant agency and continue the 
efforts after conclusion of the grant period, as well as the submission 
of budgetary information reflecting the program's funding limits and 
required non-federal contribution. Other items of information may be 
required on a case-by-case basis.
    6.6.1.1  In the preparation of a community policing strategy, COPS 
FAST applicants must consult with the organization which acts as the 
legally authorized bargaining representative of the applicant's law 
enforcement officer employees, if applicable.
    6.6.1.2  Technical assistance and consultations will be provided to 
assist in the preparation of community policing strategies. Requests 
for technical assistance should be directed to the COPS Office, P.O. 
Box 14440, Washington, DC 20444 or by telephone to (202) 514-2058.
    6.6.2  If the level of response to COPS FAST requires the Attorney 
General or her designee to adjust the starting date of grants, the 
notification will advise an affected agency that it is anticipated that 
its COPS FAST [[Page 3654]] application will not funded during this 
fiscal year. Such a notification does not affect the agency's right to 
seek funding under other COPS grant programs for this fiscal year.
    6.7  Grant determinations will be made in writing, with sufficient 
documentation to indicate the basis upon which assistance was provided 
or denied.
    6.8  Following submission of any required information, if a COPS 
FAST Application is finally approved, a grant award package, including 
any special conditions determined to be appropriate based upon the 
application (including grantee-specific monitoring requirements), will 
be prepared and forwarded to the applicant. The award package must be 
signed by the grantee and returned, and necessary financial 
arrangements for funds transfer made, before grant funding will 
commence.
    6.8.1  Grant funding will commence as of the date of the beginning 
of the grant period or the date on which the officers to be funded are 
hired, whichever occurs later.
    6.8.2  COPS FAST grant funding is prospective only. Grant funds may 
not be used to pay for salaries or expenses incurred prior to the date 
of the beginning of the grant period, regardless of when the officers 
to be funded were hired.
    6.9  COPS application deadlines and processing time will be 
designed so that, to the extent practicable, COPS FAST applicants will 
be advised of the decision on a COPS FAST application prior to the 
deadline for the applications for another COPS program.

Section 7  General Administrative Provisions

    7.1  COPS employees involved in the review of applications and in 
the making of funding decisions are limited in their ability to provide 
advance information to any person concerning funding decisions, or from 
otherwise giving any applicant an unfair competitive advantage. 
Accordingly, wherever possible, applicants should consult publicly 
available guidance documents for the resolution of a program question.
    7.1.1  Unless superseded by a regulation, guideline, handbook or 
other directive promulgated by the COPS Office, practice and procedures 
followed by the Office of Justice Programs in the administration of 
discretionary grant programs shall be followed by COPS grantees.
    7.1.1.1  In particular, the current version of the Office of 
Justice Programs Financial and Administrative Guide for Grants 
(M7100.1) should be consulted for guidance on financial, administrative 
or procedural issues.
    7.1.1.2  Prior opinions of the Office of General Counsel of the 
Office of Justice Programs or its predecessor(s) shall be regarded as 
persuasive, although not binding, authority for the solution of legal 
issues arising in connection with COPS grants.
    7.2  Freedom of Information Act requests should be addressed to the 
COPS Office of General Counsel.
    7.3  The COPS Office shall maintain a public reading area, as 
required by the Freedom of Information Act, at 633 Indiana Avenue, 
N.W., Third Floor, Washington, DC 20531.

Section 8  Sanctions

    8.1  The Department of Justice may impose sanctions if it is 
determined, as a result of periodic monitoring or reviews or otherwise, 
that the grantee:
    (a) Is not substantially complying with the requirements of Act, 
these guidelines or with other provisions of federal law;
    (b) Fails to make satisfactory progress toward the goals or 
strategies set forth in its application, as reflected by performance 
and status reports;
    (c) Does not adhere to grant agreement requirements or special 
conditions;
    (d) Proposes substantial plan changes to the extent that, if 
originally submitted, would have resulted in the application not being 
selected for funding;
    (e) Does not submit reports;
    (f) Files a false certification in connection with an application, 
periodic report or other document submitted to the COPS Office;
    (g) Other good cause shown.
    8.2  The Department of Justice may impose the following sanctions:
    (a) Temporarily withhold cash payments pending correction of the 
deficiency by the grantee;
    (b) Disallow all or part of the cost of the activity or action not 
in compliance;
    (c) Wholly or partly suspend or terminate the current award for the 
grantee's program;
    (d) Require that some or all of the grant amounts be remitted to 
the Department of Justice;
    (e) Condition a future grant and elect not to provide future grant 
funds to the grantee until appropriate actions are taken to ensure 
compliance;
    (f) Withhold further awards for the program; or
    (g) Recommend civil or criminal enforcement by other agencies; and
    (h) Take other remedies that may be legally available.
    8.3  Except as provided in 8.3.1, the hearing and appeal procedures 
set forth in 28 CFR Part 18 shall apply to grant recipients who seek to 
contest determinations of noncompliance by the Department of Justice. 
References in 28 CFR Part 18 to the Office of Justice Programs and its 
officials shall be deemed to be references to the COPS Office and its 
Director, as may be appropriate.
    8.3.1  Legal responsibility for the enforcement of the 
nondiscrimination provisions of Omnibus Crime Control and Safe Streets 
Act, as amended (42 U.S.C. 3789d) lies with the Office of Justice 
Programs. Compliance procedures are set forth at 28 CFR Parts 18 and 
42.

    Dated: January 9, 1995.
Janet Reno,
Attorney General.
[FR Doc. 95-1114 Filed 1-17-95; 8:45 am]
BILLING CODE 4410-01-M