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104TH CONGRESS

1ST SESSION H. R. 728

AN ACT

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 em21 ployed law enforcement officers and necessary

22 support personnel for the purpose of increasing

23 the number of hours worked by such personnel.
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1 ‘‘(iii) Procuring equipment, technology,

2 and other material directly related to basic law

3 enforcement functions.

4 ‘‘(B) Enhancing security measures—

5 ‘‘(i) in and around schools; and

6 ‘‘(ii) in and around any other facility

7 or location which is considered by the unit

8 of local government to have a special risk

9 for incidents of crime.

10 ‘‘(C) Establishing crime prevention pro11 grams that may, though not exclusively, involve

12 law enforcement officials and that are intended

13 to discourage, disrupt, or interfere with the

14 commission of criminal activity, including

15 neighborhood watch and citizen patrol pro16 grams, sexual assault and domestic violence

17 programs, and programs intended to prevent ju18 venile crime.

19 ‘‘(D) Establishing or supporting drug

20 courts.

21 ‘‘(E) Establishing early intervention and

22 prevention programs for juveniles to reduce or

23 eliminate crime.

24 ‘‘(F) Enhancing the adjudication process

25 of cases involving violent offenders, including
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1 the adjudication process of cases involving vio2 lent juvenile offenders.

3 ‘‘(G) Enhancing programs under subpart 1

4 of part E of the Omnibus Crime Control and

5 Safe Streets Act of 1968.

6 ‘‘(H) Establishing cooperative task forces

7 between adjoining units of local government to

8 work cooperatively to prevent and combat crimi9 nal activity, particularly criminal activity that is

10 exacerbated by drug or gang-related involve11 ment.

12 ‘‘(I) Establishing a multijurisdictional task

13 force, particularly in rural areas, composed of

14 law enforcement officials representing units of

15 local government, that works with Federal law

16 enforcement officials to prevent and control

17 crime.

18 ‘‘(3) DEFINITIONS.—For purposes of this sub19 section—

20 ‘‘(A) the term ‘violent offender’ means a

21 person charged with committing a part I violent

22 crime; and

23 ‘‘(B) the term ‘drug courts’ means a pro24 gram that involves—
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1 ‘‘(i) continuing judicial supervision

2 over offenders with substance abuse prob3 lems who are not violent offenders; and

4 ‘‘(ii) the integrated administration of

5 other sanctions and services, which shall

6 include—

7 ‘‘(I) mandatory periodic testing

8 for the use of controlled substances or

9 other addictive substances during any

10 period of supervised release or proba11 tion for each participant;

12 ‘‘(II) substance abuse treatment

13 for each participant;

14 ‘‘(III) probation, or other super15 vised release involving the possibility

16 of prosecution, confinement, or incar17 ceration based on noncompliance with

18 program requirements or failure to

19 show satisfactory progress; and

20 ‘‘(IV) programmatic, offender

21 management, and aftercare services

22 such as relapse prevention, vocational

23 job training, job placement, and hous24 ing placement.
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1 ‘‘(b) PROHIBITED USES.—Notwithstanding any other

2 provision of this Act, a unit of local government may not

3 expend any of the funds provided under this title to pur4 chase, lease, rent, or otherwise acquire—

5 ‘‘(1) tanks or armored personnel carriers;

6 ‘‘(2) fixed wing aircraft;

7 ‘‘(3) limousines;

8 ‘‘(4) real estate;

9 ‘‘(5) yachts;

10 ‘‘(6) consultants; or

11 ‘‘(7) vehicles not primarily used for law enforce12 ment;

13 unless the Attorney General certifies that extraordinary

14 and exigent circumstances exist that make the use of

15 funds for such purposes essential to the maintenance of

16 public safety and good order in such unit of local govern17 ment.

18 ‘‘(c) TIMING OF PAYMENTS.—The Director shall pay

19 each unit of local government that has submitted an appli20 cation under this title not later than—

21 ‘‘(1) 90 days after the date that the amount is

22 available, or

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

24 unit of local government has provided the Director

25 with the assurances required by section 103(c),
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1 whichever is later.

2 ‘‘(d) ADJUSTMENTS.—

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

4 the Director shall adjust a payment under this title

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

6 prior payment to the unit of local government was

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

8 ‘‘(2) CONSIDERATIONS.—The Director may in9 crease or decrease under this subsection a payment

10 to a unit of local government only if the Director de11 termines the need for the increase or decrease, or if

12 the unit requests the increase or decrease, not later

13 than 1 year after the end of the payment period for

14 which a payment was made.

15 ‘‘(e) RESERVATION FOR ADJUSTMENT.—The Direc16 tor may reserve a percentage of not more than 2 percent

17 of the amount under this section for a payment period

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

19 considers the reserve is necessary to ensure the availability

20 of sufficient amounts to pay adjustments after the final

21 allocation of amounts among the units of local government

22 in the State.

23 ‘‘(f) REPAYMENT OF UNEXPENDED AMOUNTS.—

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

25 government shall repay to the Director, by not later
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1 than 27 months after receipt of funds from the Di2 rector, any amount that is—

3 ‘‘(A) paid to the unit from amounts appro4 priated under the authority of this section; and

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

6 years after receipt of such funds from the Di7 rector.

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

9 amount required to be repaid is not repaid, the Di10 rector shall reduce payment in future payment peri11 ods accordingly.

12 ‘‘(3) DEPOSIT OF AMOUNTS REPAID.—Amounts

13 received by the Director as repayments under this

14 subsection shall be deposited in a designated fund

15 for future payments to units of local government.

16 Any amounts remaining in such designated fund

17 after 5 years following the enactment of the Local

18 Government Law Enforcement Block Grants Act of

19 1995 shall be applied to the Federal deficit or, if

20 there is no Federal deficit, to reducing the Federal

21 debt.

22 ‘‘(g) NONSUPPLANTING REQUIREMENT.—Funds

23 made available under this title to units of local government

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

25 shall be used to increase the amount of funds that would,
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1 in the absence of funds made available under this title,

2 be made available from State or local sources.

3 ‘‘(h) MATCHING FUNDS.—The Federal share of a

4 grant received under this title may not exceed 90 percent

5 of the costs of a program or proposal funded under this

6 title.

7 ‘‘SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

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

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

10 ‘‘(1) $2,000,000,000 for fiscal year 1996;

11 ‘‘(2) $2,000,000,000 for fiscal year 1997;

12 ‘‘(3) $2,000,000,000 for fiscal year 1998;

13 ‘‘(4) $2,000,000,000 for fiscal year 1999; and

14 ‘‘(5) $2,000,000,000 for fiscal year 2000.

15 ‘‘(b) OVERSIGHT ACCOUNTABILITY AND ADMINIS16 TRATION.—Not more than 3 percent of the amount au17 thorized to be appropriated under subsection (a) for each

18 of the fiscal years 1996 through 2000 shall be available

19 to the Attorney General for studying the overall effective20 ness and efficiency of the provisions of this title, and as21 suring compliance with the provisions of this title and for

22 administrative costs to carry out the purposes of this title.

23 The Attorney General shall establish and execute an over24 sight plan for monitoring the activities of grant recipients.

25 Such sums are to remain available until expended.
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1 ‘‘(c) TECHNOLOGY ASSISTANCE.—The Attorney Gen2 eral shall reserve 1 percent in each of fiscal years 1996

3 through 1998 of the amount authorized to be appropriated

4 under subsection (a) for use by the National Institute of

5 Justice in assisting local units to identify, select, develop,

6 modernize, and purchase new technologies for use by law

7 enforcement.

8 ‘‘(d) AVAILABILITY.—The amounts authorized to be

9 appropriated under subsection (a) shall remain available

10 until expended.

11 ‘‘SEC. 103. QUALIFICATION FOR PAYMENT.

12 ‘‘(a) IN GENERAL.—The Director shall issue regula13 tions establishing procedures under which a unit of local

14 government is required to provide notice to the Director

15 regarding the proposed use of funds made available under

16 this title.

17 ‘‘(b) PROGRAM REVIEW.—The Director shall estab18 lish a process for the ongoing evaluation of projects devel19 oped with funds made available under this title.

20 ‘‘(c) GENERAL REQUIREMENTS FOR QUALIFICA21 TION.—A unit of local government qualifies for a payment

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

23 local government submits an application to the Director

24 and establishes, to the satisfaction of the Director, that—
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1 ‘‘(1) the unit of local government has estab2 lished a local advisory board that—

3 ‘‘(A) includes, but is not limited to, a rep4 resentative from—

5 ‘‘(i) the local police department or

6 local sheriff’s department;

7 ‘‘(ii) the local prosecutor’s office;

8 ‘‘(iii) the local court system;

9 ‘‘(iv) the local public school system;

10 and

11 ‘‘(v) a local nonprofit, educational, re12 ligious, or community group active in

13 crime prevention or drug use prevention or

14 treatment;

15 ‘‘(B) has reviewed the application; and

16 ‘‘(C) is designated to make nonbinding rec17 ommendations to the unit of local government

18 for the use of funds received under this title;

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

20 had not less than 20 days to review and comment

21 on the application prior to submission to the Direc22 tor;

23 ‘‘(3)(A) the unit of local government will estab24 lish a trust fund in which the government will de25 posit all payments received under this title; and
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1 ‘‘(B) the unit of local government will use

2 amounts in the trust fund (including interest) dur3 ing a period not to exceed 2 years from the date the

4 first grant payment is made to the unit of local gov5 ernment;

6 ‘‘(4) the unit of local government will expend

7 the payments received in accordance with the laws

8 and procedures that are applicable to the expendi9 ture of revenues of the unit of local government;

10 ‘‘(5) the unit of local government will use ac11 counting, audit, and fiscal procedures that conform

12 to guidelines which shall be prescribed by the Direc13 tor after consultation with the Comptroller General

14 and as applicable, amounts received under this title

15 shall be audited in compliance with the Single Audit

16 Act of 1984;

17 ‘‘(6) after reasonable notice from the Director

18 or the Comptroller General to the unit of local gov19 ernment, the unit of local government will make

20 available to the Director and the Comptroller Gen21 eral, with the right to inspect, records that the Di22 rector reasonably requires to review compliance with

23 this title or that the Comptroller General reasonably

24 requires to review compliance and operation;
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1 ‘‘(7) a designated official of the unit of local

2 government shall make reports the Director reason3 ably requires, in addition to the annual reports re4 quired under this title;

5 ‘‘(8) the unit of local government will spend the

6 funds made available under this title only for the

7 purposes set forth in section 101(a)(2);

8 ‘‘(9) the unit of local government will achieve a

9 net gain in the number of law enforcement officers

10 who perform nonadministrative public safety service

11 if such unit uses funds received under this title to

12 increase the number of law enforcement officers as

13 described under subparagraph (A) of section

14 101(a)(2);

15 ‘‘(10) the unit of local government—

16 ‘‘(A) has an adequate process to assess the

17 impact of any enhancement of a school security

18 measure that is undertaken under subpara19 graph (B) of section 101(a)(2), or any crime

20 prevention programs that are established under

21 subparagraphs (C) and (E) of section

22 101(a)(2), on the incidence of crime in the geo23 graphic area where the enhancement is under24 taken or the program is established;
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1 ‘‘(B) will conduct such an assessment with

2 respect to each such enhancement or program;

3 and

4 ‘‘(C) will submit an annual written assess5 ment report to the Director; and

6 ‘‘(11) the unit of local government has estab7 lished procedures to give members of the Armed

8 Forces who, on or after October 1, 1990, were or

9 are selected for involuntary separation (as described

10 in section 1141 of title 10, United States Code), ap11 proved for separation under section 1174a or 1175

12 of such title, or retired pursuant to the authority

13 provided under section 4403 of the Defense Conver14 sion, Reinvestment, and Transition Assistance Act of

15 1992 (division D of Public Law 102–484; 10 U.S.C.

16 1293 note), a suitable preference in the employment

17 of persons as additional law enforcement officers or

18 support personnel using funds made available under

19 this title. The nature and extent of such employment

20 preference shall be jointly established by the Attor21 ney General and the Secretary of Defense. To the

22 extent practicable, the Director shall endeavor to in23 form members who were separated between October

24 1, 1990, and the date of the enactment of this sec-
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1 tion of their eligibility for the employment pref2 erence;

3 ‘‘(d) SANCTIONS FOR NONCOMPLIANCE.—

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

5 that a unit of local government has not complied

6 substantially with the requirements or regulations

7 prescribed under subsections (a) and (c), the Direc8 tor shall notify the unit of local government that if

9 the unit of local government does not take corrective

10 action within 60 days of such notice, the Director

11 will withhold additional payments to the unit of local

12 government for the current and future payment peri13 ods until the Director is satisfied that the unit of

14 local government—

15 ‘‘(A) has taken the appropriate corrective

16 action; and

17 ‘‘(B) will comply with the requirements

18 and regulations prescribed under subsections

19 (a) and (c).

20 ‘‘(2) NOTICE.—Before giving notice under para21 graph (1), the Director shall give the chief executive

22 officer of the unit of local government reasonable no23 tice and an opportunity for comment.

24 ‘‘(e) MAINTENANCE OF EFFORT REQUIREMENT.—A

25 unit of local government qualifies for a payment under this
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1 title for a payment period only if the unit’s expenditures

2 on law enforcement services (as reported by the Bureau

3 of the Census) for the fiscal year preceding the fiscal year

4 in which the payment period occurs were not less than

5 90 percent of the unit’s expenditures on such services for

6 the second fiscal year preceding the fiscal year in which

7 the payment period occurs.

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

9 ‘‘(a) STATE SET-ASIDE.—

10 ‘‘(1) IN GENERAL.—Of the total amounts ap11 propriated for this title for each payment period, the

12 Director shall allocate for units of local government

13 in each State an amount that bears the same ratio

14 to such total as the average annual number of part

15 1 violent crimes reported by such State to the Fed16 eral Bureau of Investigation for the 3 most recent

17 calendar years for which such data is available,

18 bears to the number of part 1 violent crimes re19 ported by all States to the Federal Bureau of Inves20 tigation for such years.

21 ‘‘(2) MINIMUM REQUIREMENT.—Each State

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

23 amounts appropriated under section 102 under this

24 subsection for each payment period.
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1 ‘‘(3) PROPORTIONAL REDUCTION.—If amounts

2 available to carry out paragraph (2) for any pay3 ment period are insufficient to pay in full the total

4 payment that any State is otherwise eligible to re5 ceive under paragraph (1) for such period, then the

6 Director shall reduce payments under paragraph (1)

7 for such payment period to the extent of such insuf8 ficiency. Reductions under the preceding sentence

9 shall be allocated among the States (other than

10 States whose payment is determined under para11 graph (2)) in the same proportions as amounts

12 would be allocated under paragraph (1) without re13 gard to paragraph (2).

14 ‘‘(b) LOCAL DISTRIBUTION.—

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

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

17 shall allocate—

18 ‘‘(A) among reporting units of local gov19 ernment the reporting units’ share of such re20 served amount, and

21 ‘‘(B) among nonreporting units of local

22 government the nonreporting units’ share of the

23 reserved amount.

24 ‘‘(2) AMOUNTS.—
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1 ‘‘(A) The reporting units’ share of the re2 served amount is the amount equal to the prod3 uct of such reserved amount multiplied by the

4 percentage which the population living in re5 porting units of local government in the State

6 bears to the population of all units of local gov7 ernment in the State.

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

9 reserved amount is the reserved amount re10 duced by the reporting units’ share of the re11 served amount.

12 ‘‘(3) ALLOCATION TO EACH REPORTING

13 UNIT.—From the reporting units’ share of the re14 served amount for each State under subsection (a),

15 the Director shall allocate to each reporting unit of

16 local government an amount which bears the same

17 ratio to such share as the average annual number of

18 part 1 violent crimes reported by such unit to the

19 Federal Bureau of Investigation for the 3 most re20 cent calendar years for which such data is available

21 bears to the number of part 1 violent crimes re22 ported by all units of local government in the State

23 in which the unit is located to the Federal Bureau

24 of Investigation for such years.
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1 ‘‘(4) ALLOCATION TO EACH NONREPORTING

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

3 reserved amount for each State under subsection

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

5 unit of local government an amount which bears the

6 same ratio to such share as the average number of

7 part 1 violent crimes of like governmental units in

8 the same population class as such unit bears to the

9 average annual imputed number of part 1 violent

10 crimes of all nonreporting units in the State for the

11 3 most recent calendar years.

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

13 local government shall not receive an allocation

14 which exceeds 100 percent of such unit’s expendi15 tures on law enforcement services as reported by the

16 Bureau of the Census for the most recent fiscal

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

18 unit’s expenditures on law enforcement services shall

19 be distributed proportionally among units of local

20 government whose allocation does not exceed 100

21 percent of expenditures on law enforcement services.

22 ‘‘(6) DEFINITIONS.—For purposes of this sub23 section—

24 ‘‘(A) The term ‘reporting unit of local gov25 ernment’ means any unit of local government
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1 that reported part 1 violent crimes to the Fed2 eral Bureau of Investigation for the 3 most re3 cent calendar years for which such data is avail4 able.

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

6 government’ means any unit of local govern7 ment which is not a reporting unit of local gov8 ernment.

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

10 means any like unit of local government as de11 fined by the Secretary of Commerce for general

12 statistical purposes, and means—

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

14 governmental units;

15 ‘‘(II) all cities are treated as like gov16 ernmental units;

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

18 governmental units.

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

20 types of governmental units.

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

22 means a like unit within the same population

23 category as another like unit with the categories

24 determined as follows:

25 ‘‘(i) 0 through 9,999.
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1 ‘‘(ii) 10,000 through 49,999.

2 ‘‘(iii) 50,000 through 149,999.

3 ‘‘(iv) 150,000 through 299,999.

4 ‘‘(v) 300,000 or more.

5 ‘‘(7) LOCAL GOVERNMENTS WITH ALLOCATIONS

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

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

8 $10,000 for the payment period, the amount allotted

9 shall be transferred to the chief executive officer of

10 the State who shall distribute such funds among

11 State police departments that provide law enforce12 ment services to units of local government and units

13 of local government whose allotment is less than

14 such amount in a manner which reduces crime and

15 improves public safety.

16 ‘‘(8) SPECIAL RULES.—

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

18 State that has been incorporated since the date

19 of the collection of the data used by the Direc20 tor in making allocations pursuant to this sec21 tion, such unit shall be treated as a nonreport22 ing unit of local government for purposes of

23 this subsection.

24 ‘‘(B) If a unit of local government in the

25 State has been annexed since the date of the
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1 collection of the data used by the Director in

2 making allocations pursuant to this section, the

3 Director shall pay the amount that would have

4 been allocated to such unit of local government

5 to the unit of local government that annexed it.

6 ‘‘(9) RESOLUTION OF DISPARATE ALLOCA7 TIONS.—(A) Notwithstanding any other provision of

8 this title, if—

9 ‘‘(i) the attorney general of a State cer10 tifies that a unit of local government under the

11 jurisdiction of the State bears more than 50

12 percent of the costs of prosecution or incarcer13 ation that arise with respect to part 1 violent

14 crimes reported by a specified geographically

15 constituent unit of local government, and

16 ‘‘(ii) but for this paragraph, the amount of

17 funds allocated under this section to—

18 ‘‘(I) any one such specified geographi19 cally constituent unit of local government

20 exceeds 200 percent of the amount allo21 cated to the unit of local government cer22 tified pursuant to clause (i), or

23 ‘‘(II) more than one such specified

24 geographically constituent unit of local

25 government (excluding units of local gov-
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1 ernment referred to subclause I and in

2 paragraph (7)), exceeds 400 percent of the

3 amount allocated to the unit of local gov4 ernment certified pursuant to clause (i)

5 and the attorney general of the State de6 termines that such allocation is likely to

7 threaten the efficient administration of jus8 tice,

9 then in order to qualify for payment under this title,

10 the unit of local government certified pursuant to

11 clause (i), together with any such specified geo12 graphically constituent units of local government de13 scribed in clause (ii), shall submit to the Director a

14 joint application for the aggregate of funds allocated

15 to such units of local government. Such application

16 shall specify the amount of such funds that are to

17 be distributed to each of the units of local govern18 ment and the purposes for which such funds are to

19 be used. The units of local government involved may

20 establish a joint local advisory board for the pur21 poses of carrying out this paragraph.

22 ‘‘(B) In this paragraph, the term ‘geographi23 cally constituent unit of local government’ means a

24 unit of local government that has jurisdiction over

25 areas located within the boundaries of an area over
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1 which a unit of local government certified pursuant

2 to clause (i) has jurisdiction.

3 ‘‘(c) UNAVAILABILITY AND INACCURACY OF INFOR4 MATION.—

5 ‘‘(1) DATA FOR STATES.—For purposes of this

6 section, if data regarding part 1 violent crimes in

7 any State for the 3 most recent calendar years is

8 unavailable or substantially inaccurate, the Director

9 shall utilize the best available comparable data re10 garding the number of violent crimes for such years

11 for such State for the purposes of allocation of any

12 funds under this title.

13 ‘‘(2) POSSIBLE INACCURACY OF DATA FOR

14 UNITS OF LOCAL GOVERNMENT.—In addition to the

15 provisions of paragraph (1), if the Director believes

16 that the reported rate of part 1 violent crimes for

17 a unit of local government is inaccurate, the Direc18 tor shall—

19 ‘‘(A) investigate the methodology used by

20 such unit to determine the accuracy of the sub21 mitted data; and

22 ‘‘(B) when necessary, use the best avail23 able comparable data regarding the number of

24 violent crimes for such years for such unit of

25 local government.
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1 ‘‘SEC. 105. UTILIZATION OF PRIVATE SECTOR.

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

3 title may be utilized to contract with private, nonprofit en4 tities or community-based organizations to carry out the

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

6 ‘‘SEC. 106. PUBLIC PARTICIPATION.

7 ‘‘(a) IN GENERAL.—A unit of local government ex8 pending payments under this title shall hold not less than

9 1 public hearing on the proposed use of the payment from

10 the Director in relation to its entire budget.

11 ‘‘(b) VIEWS.—At the hearing, persons shall be given

12 an opportunity to provide written and oral views to the

13 unit of local government authority responsible for enacting

14 the budget and to ask questions about the entire budget

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

16 entire budget.

17 ‘‘(c) TIME AND PLACE.—The unit of local govern18 ment shall hold the hearing at a time and place that allows

19 and encourages public attendance and participation.

20 ‘‘SEC. 107. ADMINISTRATIVE PROVISIONS.

21 ‘‘The administrative provisions of part H of the Om22 nibus Crime Control and Safe Streets Act of 1968, shall

23 apply to this title and for purposes of this section any ref24 erence in such provisions to title I of the Omnibus Crime

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

26 be a reference to this title.
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1 ‘‘SEC. 108. DEFINITIONS.

2 ‘‘For the purposes of this title:

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

4 means—

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

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

7 is a unit of local government as determined by

8 the Secretary of Commerce for general statis9 tical purposes; and

10 ‘‘(B) the District of Columbia and the rec11 ognized governing body of an Indian tribe or

12 Alaskan Native village that carries out substan13 tial governmental duties and powers.

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

15 year period beginning on October 1 of any year in

16 which a grant under this title is awarded.

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

18 United States, the District of Columbia, the Com19 monwealth of Puerto Rico, the Virgin Islands, Amer20 ican Samoa, Guam, and the Northern Mariana Is21 lands, except that American Samoa, Guam, and the

22 Northern Mariana Islands shall be considered as 1

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

24 percent of the amounts allocated shall be allocated

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

26 percent to the Northern Mariana Islands.
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1 ‘‘(4) The term ‘juvenile’ means an individual

2 who is 17 years of age or younger.

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

4 murder and nonnegligent manslaughter, forcible

5 rape, robbery, and aggravated assault as reported to

6 the Federal Bureau of Investigation for purposes of

7 the Uniform Crime Reports.

8 ‘‘(6) The term ‘Director’ means the Director of

9 the Bureau of Justice Assistance.’’.

10 (b) CONFORMING AMENDMENTS.—

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

12 Safe Streets Act of 1968 is repealed effective on

13 September 30, 1995.

14 (2) Notwithstanding the provisions of para15 graph (1), any funds that remain available to an ap16 plicant under part Q of title I of the Omnibus Crime

17 Control and Safe Streets Act of 1968 shall be used

18 in accordance with such part as in effect on the day

19 preceding the date of the enactment of this Act.

20 (3) Effective on the date of the enactment of

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

22 Control and Safe Streets Act is amended—

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

24 and

25 (B) by striking paragraph (11).
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1 SEC. 3. CONFORMING AMENDMENTS.

2 (a) OUNCE OF PREVENTION COUNCIL.—

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

4 Violent Crime Control and Law Enforcement Act of

5 1994 is repealed.

6 (2) FUNDING.—Notwithstanding the provisions

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

8 an applicant under subtitle A of title III of the Vio9 lent Crime Control and Law Enforcement Act of

10 1994 shall be used in accordance with such subtitle

11 as in effect on the day preceding the date of enact12 ment of this Act.

13 (b) LOCAL CRIME PREVENTION BLOCK GRANT PRO14 GRAM.—Subtitle B of title III of the Violent Crime Con15 trol and Law Enforcement Act of 1994 is repealed.

16 (c) MODEL INTENSIVE BLOCK GRANT PROGRAMS.—

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

18 Law Enforcement Act of 1994 is repealed.

19 (d) FAMILY AND COMMUNITY ENDEAVOR SCHOOLS

20 GRANT PROGRAM.—

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

22 Violent Crime Control and Law Enforcement Act of

23 1994 is repealed.

24 (2) FUNDING.—Notwithstanding the provisions

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

26 an applicant under subtitle D of title III of the Vio-
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•HR 728 EH1S

1 lent Crime Control and Law Enforcement Act of

2 1994 shall be used in accordance such subtitle as in

3 effect on the day preceding the date of enactment of

4 this Act.

5 (e) ASSISTANCE FOR DELINQUENT AND AT-RISK

6 YOUTH.—Subtitle G of title III of the Violent Crime Con7 trol and Law Enforcement Act of 1994 is repealed.

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

9 the Violent Crime Control and Law Enforcement Act of

10 1994 is repealed.

11 (g) LOCAL PARTNERSHIP ACT.—

12 (1) SUBTITLE J.—Subtitle J of title III of the

13 Violent Crime Control and Law Enforcement Act of

14 1994 is repealed.

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

16 31, United States Code is repealed.

17 (3) TABLE OF CHAPTERS.—The table of chap18 ters at the beginning of subtitle V of title 31, United

19 States Code, is amended by striking the matter re20 lating to chapter 67.

21 (4) FUNDING.—Notwithstanding the provisions

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

23 an applicant under chapter 67 of title 31, United

24 States Code, shall be used in accordance with such
30

•HR 728 EH1S

1 chapter as in effect on the day preceding the date

2 of enactment of this Act.

3 (h) NATIONAL COMMUNITY ECONOMIC PARTNER4 SHIP.—Subtitle K of title III of the Violent Crime Control

5 and Law Enforcement Act of 1994 is repealed.

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

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

8 Violent Crime Control and Law Enforcement Act of

9 1994 is repealed.

10 (2) URBAN PARK AND RECREATION RECOV11 ERY.—(A) Section 1004 of the Urban Park and

12 Recreation Recovery Act of 1978 is amended—

13 (i) by striking subsection (d); and

14 (ii) by redesignating subsections (e)

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

16 (B) Section 1005 of the Urban Park and Recre17 ation Recovery Act of 1978 is amended by inserting

18 ‘‘and’’ at the end of paragraph (6), by striking ‘‘;

19 and’’ and inserting a period at the end of paragraph

20 (7), and by striking paragraph (8).

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

22 Recreation Recovery Act of 1978 is amended by

23 striking the last 2 sentences.

24 (D) Section 1013 of the Urban Park and

25 Recreation Recovery Act of 1978 is amended by
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•HR 728 EH1S

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

2 striking subsection (b).

3 (j) COMMUNITY-BASED JUSTICE GRANTS FOR PROS4 ECUTORS.—Subtitle Q of title III of the Violent Crime

5 Control and Law Enforcement Act of 1994 is repealed.

6 (k) FAMILY UNITY DEMONSTRATION PROJECT.—

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

8 Law Enforcement Act of 1994 is repealed.

9 (l) GANG RESISTANCE AND EDUCATION TRAINING.—

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

11 and Law Enforcement Act of 1994 is repealed.

12 (2) Notwithstanding the provisions of subparagraph

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

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

15 Law Enforcement Act of 1994 shall be used in accordance

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

17 date of enactment of this Act.

18 (m) CLERICAL AMENDMENTS.—

19 (1) The matter relating to title I in the table

20 of contents of the Violent Crime Control and Law

21 Enforcement Act of 1994 is amended to read as fol22 lows:

‘‘TITLE I—LAW ENFORCEMENT BLOCK GRANTS

‘‘Sec. 101. Payments to local governments.

‘‘Sec. 102. Authorization of appropriations.

‘‘Sec. 103. Qualification for payment.

‘‘Sec. 104. Allocation and distribution of funds.

‘‘Sec. 105. Utilization of private sector.

‘‘Sec. 106. Public participation.
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•HR 728 EH1S

‘‘Sec. 107. Administrative provisions.

‘‘Sec. 108. Definitions.’’.

1 (2) The table of contents of the Violent Crime

2 Control and Law Enforcement Act of 1994 is

3 amended by striking the matter relating to subtitles

4 A, B, C, D, G, H, J, K, O, Q, S, and X of title III.

5 (3) The table of contents of the Omnibus Crime

6 Control and Safe Streets Act of 1968 is amended by

7 striking the matter relating to part Q of title I.

Passed the House of Representatives February 14,

1995.

Attest:

Clerk.

104TH CONGRESS

1ST SESSION H. RES. 728

AN ACT

To control crime by providing law enforcement

block grants.