I

104TH CONGRESS

1ST SESSION H. R. 728

To control crime by providing law enforcement block grants.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 30, 1995

Mr. MCCOLLUM introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To control crime by providing law enforcement block grants.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Local Government Law

5 Enforcement Block Grants Act of 1995’’.

6 SEC. 2. BLOCK GRANT PROGRAM.

7 (a) IN GENERAL.—Title I of the Violent Crime Con8 trol and Law Enforcement Act of 1994 is amended to read

9 as follows:
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1 ‘‘TITLE I—LAW ENFORCEMENT

2 BLOCK GRANTS

3 ‘‘SEC. 101. PAYMENTS TO LOCAL GOVERNMENTS.

4 ‘‘(a) PAYMENT AND USE.—

5 ‘‘(1) PAYMENT.—The Director of the Bureau of

6 Justice Assistance, shall pay to each unit of local

7 government which qualifies for a payment under this

8 title an amount equal to the sum of any amounts al9 located to such unit under this title for each pay10 ment period. The Director shall pay such amount

11 from amounts appropriated to carry out this title.

12 ‘‘(2) USE.—Amounts paid to a unit of local

13 government under this section shall be used by the

14 unit for reducing crime and improving public safety,

15 including but not limited to, 1 or more of the follow16 ing purposes:

17 ‘‘(A)(i) hiring, training, and employing on

18 a continuing basis new, additional law enforce19 ment officers and necessary support personnel;

20 ‘‘(ii) paying overtime to presently employed

21 law enforcement officers and necessary support

22 personnel for the purpose of increasing the

23 number of hours worked by such personnel; and
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1 ‘‘(iii) procuring equipment, technology, and

2 other material directly related to basic law en3 forcement functions.

4 ‘‘(B) Enhancing school security measures

5 by—

6 ‘‘(i) providing increased law enforce7 ment patrols in and around schools, wheth8 er through the hiring of additional law en9 forcement officers or paying overtime to

10 presently employed officers;

11 ‘‘(ii) purchasing law enforcement

12 equipment necessary to carry out normal

13 law enforcement functions in and around

14 schools;

15 ‘‘(iii) equipping schools with metal de16 tectors, fences, closed circuit cameras, and

17 other physical safety measures;

18 ‘‘(iv) gun hotlines designed to facili19 tate the reporting of weapons possession

20 by students and other individuals in and

21 around schools; and

22 ‘‘(v) preventing and suppressing vio23 lent youth gang activity.

24 ‘‘(C) Establishing crime prevention pro25 grams that substantially involve law enforce-
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1 ment officials and that are intended to discour2 age, disrupt, or interfere with the commission

3 of criminal activity, including neighborhood

4 watch and citizen patrol programs, and pro5 grams intended to prevent juvenile crime.

6 ‘‘(b) TIMING OF PAYMENTS.—The Director shall pay

7 each unit of local government that has submitted an appli8 cation under this title not later than—

9 ‘‘(1) 90 days after the date that the amount is

10 available, or

11 ‘‘(2) the first day of the payment period if the

12 unit of local government has provided the Director

13 with the assurances required by section 103(d),

14 whichever is later.

15 ‘‘(c) ADJUSTMENTS.—

16 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

17 the Director shall adjust a payment under this title

18 to a unit of local government to the extent that a

19 prior payment to the unit of local government was

20 more or less than the amount required to be paid.

21 ‘‘(2) CONSIDERATIONS.—The Director may in22 crease or decrease under this subsection a payment

23 to a unit of local government only if the Director de24 termines the need for the increase or decrease, or if

25 the unit requests the increase or decrease, not later
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1 than 1 year after the end of the payment period for

2 which a payment was made.

3 ‘‘(d) RESERVATION FOR ADJUSTMENT.—The Direc4 tor may reserve a percentage of not more than 2 percent

5 of the amount under this section for a payment period

6 for all units of local government in a State if the Director

7 considers the reserve is necessary to ensure the availability

8 of sufficient amounts to pay adjustments after the final

9 allocation of amounts among the units of local government

10 in the State.

11 ‘‘(e) REPAYMENT OF UNEXPENDED AMOUNTS.—

12 ‘‘(1) REPAYMENT REQUIRED.—A unit of local

13 government shall repay to the Director, by not later

14 than 27 months after receipt of funds from the Di15 rector, any amount that is—

16 ‘‘(A) paid to the unit from amounts appro17 priated under the authority of this section; and

18 ‘‘(B) not expended by the unit within 2

19 years after receipt of such funds from the Di20 rector.

21 ‘‘(2) PENALTY FOR FAILURE TO REPAY.—If the

22 amount required to be repaid is not repaid, the Di23 rector shall reduce payment in future payment peri24 ods accordingly.
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1 ‘‘(3) DEPOSIT OF AMOUNTS REPAID.—Amounts

2 received by the Director as repayments under this

3 subsection shall be deposited in a designated fund

4 for future payments to units of local government.

5 ‘‘(f) NONSUPPLANTING REQUIREMENT.—Funds

6 made available under this title to units of local government

7 shall not be used to supplant State or local funds, but

8 shall be used to increase the amount of funds that would,

9 in the absence of funds made available under this title,

10 be made available from State or local sources.

11 ‘‘SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

12 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated to carry out this title—

14 ‘‘(1) $2,000,000,000 for fiscal year 1996;

15 ‘‘(2) $2,000,000,000 for fiscal year 1997;

16 ‘‘(3) $2,000,000,000 for fiscal year 1998;

17 ‘‘(4) $2,000,000,000 for fiscal year 1999; and

18 ‘‘(5) $2,000,000,000 for fiscal year 2000.

19 ‘‘(b) ADMINISTRATIVE COSTS.—Not more than 2.5

20 percent of the amount authorized to be appropriated

21 under subsection (a) for each of the fiscal years 1996

22 through 2000 shall be available to the Director for admin23 istrative costs to carry out the purposes of this title. Such

24 sums are to remain available until expended.
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1 ‘‘(c) AVAILABILITY.—The amounts authorized to be

2 appropriated under subsection (a) shall remain available

3 until expended.

4 ‘‘SEC. 103. QUALIFICATION FOR PAYMENT.

5 ‘‘(a) IN GENERAL.—The Director shall issue regula6 tions establishing procedures under which a unit of local

7 government is required to provide notice to the Director

8 regarding the proposed use of funds made available under

9 this title.

10 ‘‘(b) PROGRAM REVIEW.—The Director shall estab11 lish a process for the ongoing evaluation of projects devel12 oped with funds made available under this title.

13 ‘‘(c) GENERAL REQUIREMENTS FOR QUALIFICA14 TION.—A unit of local government qualifies for a payment

15 under this title for a payment period only if the unit of

16 local government submits an application to the Director

17 and establishes, to the satisfaction of the Director, that—

18 ‘‘(1) the unit of local government has estab19 lished a local advisory board that—

20 ‘‘(A) includes a representative from—

21 ‘‘(i) the local police department;

22 ‘‘(ii) the local sheriff’s department;

23 ‘‘(iii) the local prosecutor’s office;

24 ‘‘(iv) the local court system; and
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1 ‘‘(v) a local nonprofit, educational, re2 ligious, or community group; and

3 ‘‘(B) has reviewed the application;

4 ‘‘(2) the chief executive officer of the State has

5 had not less than 45 days to review and comment

6 on the application prior to submission to the Direc7 tor;

8 ‘‘(3) the unit of local government will establish

9 a trust fund in which the government will deposit all

10 payments received under this title;

11 ‘‘(4) the unit of local government will use

12 amounts in the trust fund (including interest) dur13 ing a period not to exceed 2 years from the date the

14 first grant payment is made to the unit of local gov15 ernment;

16 ‘‘(5) the unit of local government will expend

17 the payments received in accordance with the laws

18 and procedures that are applicable to the expendi19 ture of revenues of the unit of local government;

20 ‘‘(6) the unit of local government will use ac21 counting, audit, and fiscal procedures that conform

22 to guidelines which shall be prescribed by the Direc23 tor after consultation with the Comptroller General

24 and as applicable, amounts received under this title
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1 shall be audited in compliance with the Single Audit

2 Act of 1984;

3 ‘‘(7) after reasonable notice from the Director

4 or the Comptroller General to the unit of local gov5 ernment, the unit of local government will make

6 available to the Director and the Comptroller Gen7 eral, with the right to inspect, records that the Di8 rector reasonably requires to review compliance with

9 this title or that the Comptroller General reasonably

10 requires to review compliance and operation;

11 ‘‘(8) a designated official of the unit of local

12 government shall make reports the Director reason13 ably requires, in addition to the annual reports re14 quired under this title;

15 ‘‘(9) the unit of local government will spend the

16 funds made available under this title only for the

17 purposes set forth in section 101(a)(2).

18 ‘‘(d) SANCTIONS FOR NONCOMPLIANCE.—

19 ‘‘(1) IN GENERAL.—If the Director determines

20 that a unit of local government has not complied

21 substantially with the requirements or regulations

22 prescribed under subsection (b), the Director shall

23 notify the unit of local government that if the unit

24 of local government does not take corrective action

25 within 60 days of such notice, the Director will with-
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1 hold additional payments to the unit of local govern2 ment for the current and future payment periods

3 until the Director is satisfied that the unit of local

4 government—

5 ‘‘(A) has taken the appropriate corrective

6 action; and

7 ‘‘(B) will comply with the requirements

8 and regulations prescribed under subsection (b).

9 ‘‘(2) NOTICE.—Before giving notice under para10 graph (1), the Director shall give the chief executive

11 officer of the unit of local government reasonable no12 tice and an opportunity for comment.

13 ‘‘SEC. 104. ALLOCATION AND DISTRIBUTION OF FUNDS.

14 ‘‘(a) STATE SET-ASIDE.—

15 ‘‘(1) IN GENERAL.—Of the total amounts ap16 propriated for this title for each payment period, the

17 Director shall allocate for units of local government

18 in each State an amount that bears the same ratio

19 to such total as the average annual number of part

20 1 violent crimes reported by such State to the Fed21 eral Bureau of Investigation for the 3 most recent

22 calendar years for which such data is available,

23 bears to the number of part 1 violent crimes re24 ported by all States to the Federal Bureau of Inves25 tigation for such years;
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1 ‘‘(2) MINIMUM REQUIREMENT.—Each State

2 shall receive not less than .25 percent of the total

3 amounts appropriated under section 102 under this

4 subsection for each payment period.

5 ‘‘(3) PROPORTIONAL REDUCTION.—If amounts

6 available to carry out paragraph (2) for any pay7 ment period are insufficient to pay in full the total

8 payment that any State is otherwise eligible to re9 ceive under paragraph (1) for such period, then the

10 Director shall reduce payments under paragraph (1)

11 for such payment period to the extent of such insuf12 ficiency. Reductions under the preceding sentence

13 shall be allocated among the States (other than

14 States whose payment is determined under para15 graph (2)) in the same proportions as amounts

16 would be allocated under paragraph (1) without re17 gard to paragraph (2).

18 ‘‘(b) LOCAL DISTRIBUTION.—

19 ‘‘(1) IN GENERAL.—From the amount reserved

20 for each State under subsection (a), the Director

21 shall allocate—

22 ‘‘(A) among reporting units of local gov23 ernment the reporting units’ share of such re24 served amount, and
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1 ‘‘(B) among nonreporting units of local

2 government the nonreporting units’ share of the

3 reserved amount.

4 ‘‘(2) AMOUNTS.—

5 ‘‘(A) The reporting units’ share of the re6 served amount is the amount equal to the prod7 uct of such reserved amount multiplied by the

8 percentage which the population living in re9 porting units of local government in the State

10 bears to the population of all units of local gov11 ernment in the State.

12 ‘‘(B) The nonreporting units’ share of the

13 reserved amount is the reserved amount re14 duced by the reporting units’ share of the re15 served amount.

16 ‘‘(3) ALLOCATION TO EACH REPORTING

17 UNIT.—From the reporting units’ share of the re18 served amount for each State under subsection (a),

19 the Director shall allocate to each reporting unit of

20 local government an amount which bears the same

21 ratio to such share as the average annual number of

22 part 1 violent crimes reported by such unit to the

23 Federal Bureau of Investigation for the 3 most re24 cent calendar years for which such data is available

25 bears to the number of part 1 violent crimes re-
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1 ported by all units of local government in the State

2 in which the unit is located to the Federal Bureau

3 of Investigation for such years.

4 ‘‘(4) ALLOCATION TO EACH NONREPORTING

5 UNIT.—From the nonreporting units’ share of the

6 reserved amount for each State under subsection

7 (a), the Director shall allocate to each nonreporting

8 unit of local government an amount which bears the

9 same ratio to such share as the average number of

10 part 1 violent crimes of like governmental units in

11 the same population class as such unit bears to the

12 average number of part 1 violent crimes of all units

13 in the State.

14 ‘‘(5) LIMITATION ON ALLOCATIONS.—A unit of

15 local government shall not receive an allocation

16 which exceeds 100 percent of such unit’s expendi17 tures on law enforcement services as reported by the

18 Bureau of the Census for the most recent fiscal

19 year. Any amount in excess of 100 percent of such

20 unit’s expenditures on law enforcement services shall

21 be distributed proportionally among units of local

22 government whose allocation does not exceed 100

23 percent of expenditures on law enforcement services.

24 ‘‘(6) DEFINITIONS.—For purposes of this sub25 section—
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1 ‘‘(A) The term ‘reporting unit of local gov2 ernment’ means any unit of local government

3 that reported part 1 violent crimes to the Fed4 eral Bureau of Investigation for the 3 most re5 cent calendar years for which such data is avail6 able.

7 ‘‘(B) The term ‘nonreporting unit of local

8 government’ means any unit of local govern9 ment which is not a reporting unit of local gov10 ernment.

11 ‘‘(C)(i) The term ‘like governmental units’

12 means any like unit of local government as de13 fined by the Secretary of Commerce for general

14 statistical purposes, and means—

15 ‘‘(I) all counties are treated as like

16 governmental units;

17 ‘‘(II) all cities are treated as like gov18 ernmental units;

19 ‘‘(III) all townships are treated as like

20 governmental units.

21 ‘‘(ii) Similar rules shall apply to other

22 types of governmental units.

23 ‘‘(D) The term ‘same population class’

24 means a like unit within the same population
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1 category as another like unit with the categories

2 determined as follows:

3 ‘‘(i) 0 through 9,999.

4 ‘‘(ii) 10,000 through 49,999.

5 ‘‘(iii) 50,000 through 149,999.

6 ‘‘(iv) 150,000 through 299,999.

7 ‘‘(v) 300,000 or more.

8 ‘‘(7) LOCAL GOVERNMENTS WITH ALLOCATIONS

9 OF LESS THAN $10,000.—If under paragraph (3) or

10 (4) a unit of local government is allotted less than

11 $10,000 for the payment period, the amount allotted

12 shall be transferred to the chief executive officer of

13 the State who shall distribute such funds among

14 units of local government whose allotment is less

15 than such amount in a manner which reduces crime

16 and improves public safety.

17 ‘‘(8) SPECIAL RULES.—

18 ‘‘(A) If a unit of local government in a

19 State that has been incorporated since the date

20 of the collection of the data used by the Direc21 tor in making allocations pursuant to this sec22 tion, such unit shall be treated as a nonreport23 ing unit of local government for purposes of

24 this subsection.
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1 ‘‘(B) If a unit of local government in the

2 State has been annexed since the date of the

3 collection of the data used by the Director in

4 making allocations pursuant to this section, the

5 Director shall pay the amount that would have

6 been allocated to such unit of local government

7 to the unit of local government that annexed it.

8 ‘‘(c) UNAVAILABILITY OF INFORMATION.—For pur9 poses of this section, if data regarding part 1 violent

10 crimes in any State for the 3 most recent calendar years

11 is unavailable or substantially inaccurate, the Director

12 shall utilize the best available comparable data regarding

13 the number of violent crimes for such years for such State

14 for the purposes of allocation of any funds under this title.

15 ‘‘SEC. 105. UTILIZATION OF PRIVATE SECTOR.

16 ‘‘Funds or a portion of funds allocated under this

17 title may be utilized to contract with private, nonprofit en18 tities or community-based organizations to carry out the

19 purposes specified under section 101(a)(2).

20 ‘‘SEC. 106. PUBLIC PARTICIPATION.

21 ‘‘(a) IN GENERAL.—A unit of local government ex22 pending payments under this title shall hold not less than

23 1 public hearing on the proposed use of the payment from

24 the Director in relation to its entire budget.
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1 ‘‘(b) VIEWS.—At the hearing, persons shall be given

2 an opportunity to provide written and oral views to the

3 unit of local government authority responsible for enacting

4 the budget and to ask questions about the entire budget

5 and the relation of the payment from the Director to the

6 entire budget.

7 ‘‘(c) TIME AND PLACE.—The unit of local govern8 ment shall hold the hearing at a time and place that allows

9 and encourages public attendance and participation.

10 ‘‘SEC. 107. ADMINISTRATIVE PROVISIONS.

11 ‘‘The administrative provisions of part H of the Om12 nibus Crime Control and Safe Streets Act of 1968, shall

13 apply to this title and for purposes of this section any ref14 erence in such provisions to title I of the Omnibus Crime

15 Control and Safe Streets Act of 1968 shall be deemed to

16 be a reference to this title.

17 ‘‘SEC. 108. DEFINITIONS.

18 ‘‘For the purposes of this title:

19 ‘‘(1) The term ‘unit of local government’

20 means—

21 ‘‘(A) a county, township, city, or political

22 subdivision of a county, township, or city, that

23 is a unit of local government as determined by

24 the Secretary of Commerce for general statis25 tical purposes; and
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1 ‘‘(B) the District of Columbia and the rec2 ognized governing body of an Indian tribe or

3 Alaskan Native village that carries out substan4 tial governmental duties and powers.

5 ‘‘(2) The term ‘payment period’ means each 1-

6 year period beginning on October 1 of any year in

7 which a grant under this title is awarded.

8 ‘‘(3) The term ‘State’ means any State of the

9 United States, the District of Columbia, the Com10 monwealth of Puerto Rico, the Virgin Islands, Amer11 ican Samoa, Guam, and the Northern Mariana Is12 lands, except that American Samoa, Guam, and the

13 Northern Mariana Islands shall be considered as 1

14 State and that, for purposes of section 104(a), 33

15 percent of the amounts allocated shall be allocated

16 to American Samoa, 50 percent to Guam, and 17

17 percent to the Northern Mariana Islands.

18 ‘‘(4) The term ‘juvenile’ means an individual

19 who is 17 years of age or younger.

20 ‘‘(5) The term ‘part 1 violent crimes’ means

21 murder and nonnegligent manslaughter, forcible

22 rape, robbery, and aggravated assault as reported to

23 the Federal Bureau of Investigation for purposes of

24 the Uniform Crime Reports.
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1 ‘‘(6) The term ‘Director’ means the Director of

2 the Bureau of Justice Assistance.’’.

3 (b) CONFORMING AMENDMENTS.—

4 (1) Part Q of the Omnibus Crime Control and

5 Safe Streets Act of 1968 is repealed effective on

6 September 30, 1995.

7 (2) Effective on the date of the enactment of

8 this Act, section 1001(a) of the Omnibus Crime

9 Control and Safe Streets Act is amended—

10 (A) in paragraph (3), by striking ‘‘Q’’; and

11 (B) by striking paragraph (11).

12 SEC. 3. CONFORMING AMENDMENTS.

13 (a) OUNCE OF PREVENTION COUNCIL.—

14 (1) IN GENERAL.—Subtitle A of title III of the

15 Violent Crime Control and Law Enforcement Act of

16 1994 is repealed.

17 (2) FUNDING.—Notwithstanding the provisions

18 of paragraph (1), any funds that remain available to

19 an applicant under subtitle A of title III of the Vio20 lent Crime Control and Law Enforcement Act of

21 1994 shall be used in accordance with such subtitle

22 as in effect on the day preceding the date of enact23 ment of this Act.
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1 (b) LOCAL CRIME PREVENTION BLOCK GRANT PRO2 GRAM.—Subtitle B of title III of the Violent Crime Con3 trol and Law Enforcement Act of 1994 is repealed.

4 (c) MODEL INTENSIVE BLOCK GRANT PROGRAMS.—

5 Subtitle C of title III of the Violent Crime Control and

6 Law Enforcement Act of 1994 is repealed.

7 (d) FAMILY AND COMMUNITY ENDEAVOR SCHOOLS

8 GRANT PROGRAM.—

9 (1) IN GENERAL.—Subtitle D of title III of the

10 Violent Crime Control and Law Enforcement Act of

11 1994 is repealed.

12 (2) FUNDING.—Notwithstanding the provisions

13 of paragraph (1), any funds that remain available to

14 an applicant under subtitle D of title III of the Vio15 lent Crime Control and Law Enforcement Act of

16 1994 shall be used in accordance such subtitle as in

17 effect on the day preceding the date of enactment of

18 this Act.

19 (e) ASSISTANCE FOR DELINQUENT AND AT-RISK

20 YOUTH.—Subtitle G of title III of the Violent Crime Con21 trol and Law Enforcement Act of 1994 is repealed.

22 (f) POLICE RETIREMENT.—Subtitle H of title III of

23 the Violent Crime Control and Law Enforcement Act of

24 1994 is repealed.

25 (g) LOCAL PARTNERSHIP ACT.—
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1 (1) SUBTITLE J.—Sections 31001 and 31002 of

2 title III of the Violent Crime Control and Law En3 forcement Act of 1994 are repealed.

4 (2) FEDERAL PAYMENTS.—Chapter 67 of title

5 31, United States Code is repealed.

6 (3) TABLE OF CHAPTERS.—The title of chap7 ters at the beginning of subtitle V of title 31, United

8 States Code, is amended by striking the matter re9 lating to chapter 67.

10 (4) FUNDING.—Notwithstanding the provisions

11 of paragraph (2), any funds that remain available to

12 an applicant under chapter 67 of title 31, United

13 States Code, shall be used in accordance with such

14 chapter as in effect on the day preceding the date

15 of enactment of this Act.

16 (h) NATIONAL COMMUNITY ECONOMIC PARTNER17 SHIP.—Subtitle K of title III of the Violent Crime Control

18 and Law Enforcement Act of 1994 is repealed.

19 (i) URBAN RECREATION AND AT-RISK YOUTH.—

20 (1) RECREATION.—Subtitle O of title III of the

21 Violent Crime Control and Law Enforcement Act of

22 1994 is repealed.

23 (2) URBAN PARK AND RECREATION RECOV24 ERY.—(A) Section 1004 of the Urban Park and

25 Recreation Recovery Act of 1978 is amended—
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1 (i) by striking subsection (d); and

2 (ii) by redesignating subsections (e)

3 through (k) as (d) through (j), respectively.

4 (B) Section 1005 of the Urban Park and Recre5 ation Recovery Act of 1978 is amended by inserting

6 ‘‘and’’ at the end of paragraph (6), by inserting a

7 period at the end of paragraph (7), and by striking

8 paragraph (8).

9 (C) Section 1007(b) of the Urban Park and

10 Recreation Recovery Act of 1978 is amended by

11 striking the last 2 sentences.

12 (D) Section 1013 of the Urban Park and

13 Recreation Recovery Act of 1978 is amended by

14 striking ‘‘(a) IN GENERAL.—’’ after ‘‘1013’’ and by

15 striking subsection (b).

16 (j) COMMUNITY-BASED JUSTICE GRANTS FOR PROS17 ECUTORS.—Subtitle Q of title III of the Violent Crime

18 Control and Law Enforcement Act of 1994 is repealed.

19 (k) FAMILY UNITY DEMONSTRATION PROJECT.—

20 Subtitle S of title III of the Violent Crime Control and

21 Law Enforcement Act of 1994 is repealed.

22 (l) GANG RESISTANCE AND EDUCATION TRAINING.—

23 (1) Subtitle X of title III of the Violent Crime Control

24 and Law Enforcement Act of 1994 is repealed.
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1 (2) Notwithstanding the provisions of subparagraph

2 (A), any funds that remain available to an applicant under

3 subtitle X of title III of the Violent Crime Control and

4 Law Enforcement Act of 1994 shall be used in accordance

5 with such subtitle as in effect on the day preceding the

6 date of enactment of this Act.

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