I
103D CONGRESS
1ST SESSION
H. R. 3131
To control and prevent crime.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 23, 1993
Mr. BROOKS (for himself, Mr. SCHUMER, and Mr. HUGHES) introduced the
following bill; which was referred to the Committee on the Judiciary
A BILL
To control and prevent crime.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Violent Crime Control
and Law Enforcement Act of 1993’’.
SEC. 2. TABLE OF TITLES.
The following is the table of titles for this Act:
TITLE I—PUBLIC SAFETY AND POLICING
TITLE II—DEATH PENALTY
TITLE III—HABEAS CORPUS REFORM
TITLE IV—COERCED CONFESSIONS
TITLE V—FIREARMS
TITLE VI—YOUTH VIOLENCE
TITLE VII—TERRORISM
TITLE VIII—SEXUAL VIOLENCE AND CHILD ABUSE
TITLE IX—CRIME VICTIMS
TITLE X—STATE AND LOCAL LAW ENFORCEMENT
TITLE XI—PROVISIONS RELATING TO POLICE OFFICERS
TITLE XII—GRANT PROGRAM FOR STATE PRISONS
TITLE XIII—FEDERAL PRISONS
TITLE XIV—RURAL CRIME
TITLE XV—DRUG CONTROL
TITLE XVI—DRUNK DRIVING PROVISIONS
TITLE XVII—COMMISSIONS
TITLE XVIII—MOTOR VEHICLE THEFT PREVENTION
TITLE XIX—PROTECTIONS FOR THE ELDERLY
TITLE XX—CONSUMER PROTECTION
TITLE XXI—SENTENCING PROVISIONS
TITLE XXII—COMPUTER CRIME
TITLE XXIII—INTERNATIONAL PARENTAL KIDNAPPING
TITLE XXIV—SAFE SCHOOLS
TITLE XXV—FINANCIAL INSTITUTIONS FRAUD PROSECUTIONS
TITLE XXVI—WHITE COLLAR CRIME AMENDMENTS
TITLE XXVII—GAMBLING
TITLE XXVIII—BAIL POSTING REPORTING
TITLE XXIX—GENERAL INCREASED PENALTY PROVISIONS
TITLE XXX—MISCELLANEOUS
TITLE XXXI—TECHNICAL CORRECTIONS
TITLE I—PUBLIC SAFETY AND
POLICING
SEC. 101. COMMUNITY POLICING; ‘‘COPS ON THE BEAT’’.
(a) IN GENERAL.—Title 1 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.) is amended by—
(1) redesignating Part Q as Part R;
(2) redesignating section 1701 as section 1801; and
(3) inserting after Part P the following new Part:
‘‘PART Q—PUBLIC SAFETY AND COMMUNITY
POLICING; ‘COPS ON THE BEAT’
‘‘SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND
COMMUNITY POLICING GRANTS.
‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen-
eral is authorized to make grants to units of State and
local government, and to other public and private entities,
to increase police presence, to expand and improve cooper-
ative efforts between law enforcement agencies and mem-
bers of the community to address crime and disorder prob-
lems, and otherwise to enhance public safety.
‘‘(b) REHIRING AND HIRING GRANT PROJECTS.—
Grants made under the authority of subsection (a) of this
section may be used for programs, projects, and other ac-
tivities to—
‘‘(1) rehire law enforcement officers who have
been laid off as a result of State and local budget
reductions for deployment in community-oriented po-
licing; and
‘‘(2) hire new, additional career law enforce-
ment officers for deployment in community-oriented
policing across the Nation.
‘‘(c) ADDITIONAL GRANT PROJECTS.—Grants made
under the authority of subsection (a) of this section also
may include programs, projects, and other activities to—
‘‘(1) increase the number of law enforcement
officers involved in activities that are focused on
interaction with members of the community on
proactive crime control and prevention by redeploy-
ing officers to such activities;
‘‘(2) provide specialized training to law enforce-
ment officers to enhance their conflict resolution,
mediation, problem solving, service, and other skills
needed to work in partnership with members of the
community;
‘‘(3) increase police participation in multidisci-
plinary early intervention teams;
‘‘(4) develop new technologies to assist State
and local law enforcement agencies in reorienting
the emphasis of their activities from reacting to
crime to preventing crime;
‘‘(5) develop and implement innovative pro-
grams to permit members of the community to assist
State and local law enforcement agencies in the pre-
vention of crime in the community;
‘‘(6) establish innovative programs to reduce,
and keep to a minimum, the amount of time that
law enforcement officers must be away from the
community while awaiting court appearances;
‘‘(7) establish and implement innovative pro-
grams to increase and enhance proactive crime con-
trol and prevention programs involving law enforce-
ment officers and young persons in the community;
and
‘‘(8) develop and establish new administrative
and managerial systems to facilitate the adoption of
community-oriented policing as an organization-wide
philosophy.
‘‘(d) PREFERENTIAL CONSIDERATION OF APPLICA-
TIONS FOR CERTAIN GRANTS.—In awarding grants under
this part, the Attorney General may give preferential con-
sideration to grants for hiring and rehiring additional ca-
reer law enforcement officers that involve a non-Federal
contribution exceeding the 25 percent minimum under
subsection (h) of this section.
‘‘(e) TECHNICAL ASSISTANCE.—(1) The Attorney
General may provide technical assistance to units of State
and local government, and to other public and private enti-
ties, in furtherance of the purposes of section 101 of the
Violent Crime Control and Law Enforcement Act of 1993.
‘‘(2) The technical assistance provided by the Attor-
ney General may include the development of a flexible
model that will define for State and local governments,
and other public and private entities, definitions and strat-
egies associated with community or problem-oriented po-
licing and methodologies for its implementation.
‘‘(3) The technical assistance provided by the Attor-
ney General may include the establishment and operation
of training centers or facilities, either directly or by con-
under subsection (a) of this section may not exceed 75
percent, unless the Attorney General waives, wholly or in
part, the requirement under this subsection of a non-Fed-
eral contribution to the costs of a program, project, or ac-
tivity. In relation to a grant for a period exceeding 1 year
for hiring or rehiring career law enforcement officers, the
Federal share shall decrease from year to year, looking
towards the continuation of the increased hiring level
using State or local sources of funding following the con-
clusion of Federal support, as provided in an approved
plan pursuant to section 1702(c)(8) of this part.
‘‘(i) ALLOCATION OF FUNDS.—The funds available
under this part shall be allocated as provided in section
1001(a)(11)(B) of this Act.
‘‘(j) TERMINATION OF GRANTS FOR HIRING OFFI-
CERS.—The authority under subsection (a) of this section
to make grants for the hiring and rehiring of additional
career law enforcement officers shall lapse at the conclu-
sion of 6 years from the date of enactment of this part.
Prior to the expiration of this grant authority, the Attor-
ney General shall submit a report to Congress concerning
the experience with and effects of such grants. The report
may include any recommendations the Attorney General
may have for amendments to this part and related provi-
sions of law in light of the termination of the authority
to make grants for the hiring and rehiring of additional
career law enforcement officers.
‘‘SEC. 1702. APPLICATIONS.
‘‘(a) IN GENERAL.—No grant may be made under
this part unless an application has been submitted to, and
approved by, the Attorney General.
‘‘(b) FORM AND CONTENT OF APPLICATION.—An ap-
plication for a grant under this part shall be submitted
in such form, and contain such information, as the Attor-
ney General may prescribe by regulation or guidelines.
‘‘(c) COMPLIANCE WITH REGULATIONS OR GUIDE-
LINES.—In accordance with the regulations or guidelines
established by the Attorney General, each application for
a grant under this part shall—
‘‘(1) include a long-term strategy and detailed
implementation plan that reflects consultation with
community groups and appropriate private and pub-
lic agencies and reflects consideration of the state-
wide strategy under section 503(a)(1) of the Omni-
bus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3753(a)(1));
‘‘(2) demonstrate a specific public safety need;
‘‘(3) explain the locality’s inability to address
the need without Federal assistance;
‘‘(4) identify related governmental and commu-
nity initiatives which complement or will be coordi-
nated with the proposal;
‘‘(5) certify that there has been appropriate co-
ordination with all affected agencies;
‘‘(6) outline the initial and ongoing level of
community support for implementing the proposal
including financial and in-kind contributions or
other tangible commitments;
‘‘(7) specify plans for obtaining necessary sup-
port and continuing the proposed program, project,
or activity following the conclusion of Federal sup-
port; and
‘‘(8) if the application is for a grant for hiring
or rehiring additional career law enforcement offi-
cers—
‘‘(A) specify plans for the assumption by
the grantee of a progressively larger share of
the cost in the course of time, looking towards
the continuation of the increased hiring level
using State or local sources of funding following
the conclusion of Federal support;
‘‘(B) assess the impact, if any, of the in-
crease in police resources on other components
of the criminal justice system; and
‘‘(C) explain how the grant will be utilized
to re-orient the affected law enforcement agen-
cy’s mission towards community-oriented polic-
ing or enhance its involvement in or commit-
ment to community-oriented policing.
‘‘SEC. 1703. REVIEW OF APPLICATIONS BY STATE OFFICE.
‘‘(a) IN GENERAL.—Except as provided in subsection
(c) or (d), an applicant for a grant under this part shall
submit an application to the State office designated under
section 507 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3757) in the State in
which the applicant is located for initial review.
‘‘(b) INITIAL REVIEW OF APPLICATION.—(1) The
State office referred to in subsection (a) of this section
shall review applications for grants under this part sub-
mitted to it, based upon criteria specified by the Attorney
General by regulation or guidelines.
‘‘(2) Upon completion of the reviews required by
paragraph (1) of this subsection, the State office referred
to in subsection (a) of this section shall determine which,
if any, of the application for grants under this part are
most likely to be successful in achieving the purposes of
section 101 of the Violent Crime Control and Law En-
forcement Act of 1993.
‘‘(3)(A) Based upon the determinations made under
paragraph (2) of this subsection, the State office referred
to in subsection (a) of this section shall list the applica-
tions for grants under this part in order of their likelihood
to achieve the purposes of section 101 of the Violent Crime
Control and Law Enforcement Act of 1993, and shall sub-
mit the list along with all grant applications and support-
ing materials received to the Attorney General.
‘‘(B) In making the submission to the Attorney Gen-
eral required by subparagraph (A) of this paragraph, the
State office referred to in subsection (a) of this section
may recommend that a particular application or applica-
tions should receive special priority and provide supporting
reasons for the recommendation.
‘‘(c) DIRECT APPLICATION TO THE ATTORNEY GEN-
ERAL
BY CERTAIN MUNICIPALITIES.—Notwithstanding
subsection (a) of this section, municipalities whose popu-
lation exceeds 150,000 may submit an application for a
grant under this part directly to the Attorney General. For
purposes of this subsection, ‘municipalities whose popu-
lation exceeds 150,000’ means units of local government
or law enforcement agencies having jurisdiction over areas
with populations exceeding 150,000, and consortia or as-
sociations that include one or more such units of local gov-
ernment or law enforcement agencies.
‘‘(d) DIRECT APPLICATION TO THE ATTORNEY GEN-
ERAL
BY OTHER APPLICANTS.—Notwithstanding sub-
section (a) of this section, if a State chooses not to carry
out the functions described in subsection (b) of this sec-
tion, an applicant in the State may submit an application
for a grant under this part directly to the Attorney Gen-
eral.
‘‘SEC. 1704. RENEWAL OF GRANTS.
‘‘(a) IN GENERAL.—Except for grants made for hir-
ing or rehiring additional career law enforcement officers,
a grant under this part may be renewed for up to two
additional years after the first fiscal year during which
a recipient receives its initial grant if the Attorney General
determines that the funds made available to the recipient
were used in a manner required under an approved appli-
cation and if the recipient can demonstrate significant
progress in achieving the objectives of the initial applica-
tion.
‘‘(b) GRANTS FOR HIRING.—Grants made for hiring
or rehiring additional career law enforcement officers may
be renewed for up to five years, subject to the require-
ments of subsection (a) of this section, but notwithstand-
ing the limitation in that subsection concerning the num-
ber of years for which grants may be renewed.
‘‘(c) MULTI-YEAR GRANTS.—A grant for a period ex-
ceeding one year may be renewed as provided in this sec-
tion, except that the total duration of such a grant includ-
ing any renewals may not exceed three years, or six years
if it is a grant made for hiring or rehiring additional ca-
reer law enforcement officers.
‘‘SEC. 1705. LIMITATION ON USE OF FUNDS.
‘‘(a) 
NON-SUPPLANTING
REQUIREMENT.—Funds
made available under this part to State or local govern-
ments shall not be used to supplant State or local funds,
but will be used to increase the amount of funds that
would, in the absence of Federal funds, be made available
from State or local sources.
‘‘(b) ADMINISTRATIVE COSTS.—No more than 5 per-
cent of the funds available under this part may be used
for the costs of States in carrying out the functions de-
scribed in section 1703(b) or other administrative costs.
‘‘(c) NON-FEDERAL COSTS.—State and local units of
government may use assets received through the Assets
Forfeiture equitable sharing program to cover the non-
Federal portion of programs, projects, and activities fund-
ed under this part.
‘‘(d) HIRING COSTS.—Funding provided under this
part for hiring or rehiring a career law enforcement officer