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.
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 ‘‘Local Government Law
Enforcement Block Grants Act of 1995’’.
SEC. 2. BLOCK GRANT PROGRAM.
(a) IN GENERAL.—Title I of the Violent Crime Con-
trol and Law Enforcement Act of 1994 is amended to read
as follows:
‘‘TITLE I—LAW ENFORCEMENT
BLOCK GRANTS
‘‘SEC. 101. PAYMENTS TO LOCAL GOVERNMENTS.
‘‘(a) PAYMENT AND USE.—
‘‘(1) PAYMENT.—The Director of the Bureau of
Justice Assistance, shall pay to each unit of local
government which qualifies for a payment under this
title an amount equal to the sum of any amounts al-
located to such unit under this title for each pay-
ment period. The Director shall pay such amount
from amounts appropriated to carry out this title.
‘‘(2) USE.—Amounts paid to a unit of local
government under this section shall be used by the
unit for reducing crime and improving public safety,
including but not limited to, 1 or more of the follow-
ing purposes:
‘‘(A)(i) hiring, training, and employing on
a continuing basis new, additional law enforce-
ment officers and necessary support personnel;
‘‘(ii) paying overtime to presently employed
law enforcement officers and necessary support
personnel for the purpose of increasing the
number of hours worked by such personnel; and
‘‘(iii) procuring equipment, technology, and
other material directly related to basic law en-
forcement functions.
‘‘(B) Enhancing school security measures
by—
‘‘(i) providing increased law enforce-
ment patrols in and around schools, wheth-
er through the hiring of additional law en-
forcement officers or paying overtime to
presently employed officers;
‘‘(ii) 
purchasing 
law 
enforcement
equipment necessary to carry out normal
law enforcement functions in and around
schools;
‘‘(iii) equipping schools with metal de-
tectors, fences, closed circuit cameras, and
other physical safety measures;
‘‘(iv) gun hotlines designed to facili-
tate the reporting of weapons possession
by students and other individuals in and
around schools; and
‘‘(v) preventing and suppressing vio-
lent youth gang activity.
‘‘(C) Establishing crime prevention pro-
grams that substantially involve law enforce-
ment officials and that are intended to discour-
age, disrupt, or interfere with the commission
of criminal activity, including neighborhood
watch and citizen patrol programs, and pro-
grams intended to prevent juvenile crime.
‘‘(b) TIMING OF PAYMENTS.—The Director shall pay
each unit of local government that has submitted an appli-
cation under this title not later than—
‘‘(1) 90 days after the date that the amount is
available, or
‘‘(2) the first day of the payment period if the
unit of local government has provided the Director
with the assurances required by section 103(d),
whichever is later.
‘‘(c) ADJUSTMENTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
the Director shall adjust a payment under this title
to a unit of local government to the extent that a
prior payment to the unit of local government was
more or less than the amount required to be paid.
‘‘(2) CONSIDERATIONS.—The Director may in-
crease or decrease under this subsection a payment
to a unit of local government only if the Director de-
termines the need for the increase or decrease, or if
the unit requests the increase or decrease, not later
than 1 year after the end of the payment period for
which a payment was made.
‘‘(d) RESERVATION FOR ADJUSTMENT.—The Direc-
tor may reserve a percentage of not more than 2 percent
of the amount under this section for a payment period
for all units of local government in a State if the Director
considers the reserve is necessary to ensure the availability
of sufficient amounts to pay adjustments after the final
allocation of amounts among the units of local government
in the State.
‘‘(e) REPAYMENT OF UNEXPENDED AMOUNTS.—
‘‘(1) REPAYMENT REQUIRED.—A unit of local
government shall repay to the Director, by not later
than 27 months after receipt of funds from the Di-
rector, any amount that is—
‘‘(A) paid to the unit from amounts appro-
priated under the authority of this section; and
‘‘(B) not expended by the unit within 2
years after receipt of such funds from the Di-
rector.
‘‘(2) PENALTY FOR FAILURE TO REPAY.—If the
amount required to be repaid is not repaid, the Di-
rector shall reduce payment in future payment peri-
ods accordingly.
‘‘(3) DEPOSIT OF AMOUNTS REPAID.—Amounts
received by the Director as repayments under this
subsection shall be deposited in a designated fund
for future payments to units of local government.
‘‘(f) 
NONSUPPLANTING
REQUIREMENT.—Funds
made available under this title to units of local government
shall not be used to supplant State or local funds, but
shall be used to increase the amount of funds that would,
in the absence of funds made available under this title,
be made available from State or local sources.
‘‘SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this title—
‘‘(1) $2,000,000,000 for fiscal year 1996;
‘‘(2) $2,000,000,000 for fiscal year 1997;
‘‘(3) $2,000,000,000 for fiscal year 1998;
‘‘(4) $2,000,000,000 for fiscal year 1999; and
‘‘(5) $2,000,000,000 for fiscal year 2000.
‘‘(b) ADMINISTRATIVE COSTS.—Not more than 2.5
percent of the amount authorized to be appropriated
under subsection (a) for each of the fiscal years 1996
through 2000 shall be available to the Director for admin-
istrative costs to carry out the purposes of this title. Such
sums are to remain available until expended.
‘‘(c) AVAILABILITY.—The amounts authorized to be
appropriated under subsection (a) shall remain available
until expended.
‘‘SEC. 103. QUALIFICATION FOR PAYMENT.
‘‘(a) IN GENERAL.—The Director shall issue regula-
tions establishing procedures under which a unit of local
government is required to provide notice to the Director
regarding the proposed use of funds made available under
this title.
‘‘(b) PROGRAM REVIEW.—The Director shall estab-
lish a process for the ongoing evaluation of projects devel-
oped with funds made available under this title.
‘‘(c) GENERAL
REQUIREMENTS
FOR
QUALIFICA-
TION.—A unit of local government qualifies for a payment
under this title for a payment period only if the unit of
local government submits an application to the Director
and establishes, to the satisfaction of the Director, that—
‘‘(1) the unit of local government has estab-
lished a local advisory board that—
‘‘(A) includes a representative from—
‘‘(i) the local police department;
‘‘(ii) the local sheriff’s department;
‘‘(iii) the local prosecutor’s office;
‘‘(iv) the local court system; and
‘‘(v) a local nonprofit, educational, re-
ligious, or community group; and
‘‘(B) has reviewed the application;
‘‘(2) the chief executive officer of the State has
had not less than 45 days to review and comment
on the application prior to submission to the Direc-
tor;
‘‘(3) the unit of local government will establish
a trust fund in which the government will deposit all
payments received under this title;
‘‘(4) the unit of local government will use
amounts in the trust fund (including interest) dur-
ing a period not to exceed 2 years from the date the
first grant payment is made to the unit of local gov-
ernment;
‘‘(5) the unit of local government will expend
the payments received in accordance with the laws
and procedures that are applicable to the expendi-
ture of revenues of the unit of local government;
‘‘(6) the unit of local government will use ac-
counting, audit, and fiscal procedures that conform
to guidelines which shall be prescribed by the Direc-
tor after consultation with the Comptroller General
and as applicable, amounts received under this title
shall be audited in compliance with the Single Audit
Act of 1984;
‘‘(7) after reasonable notice from the Director
or the Comptroller General to the unit of local gov-
ernment, the unit of local government will make
available to the Director and the Comptroller Gen-
eral, with the right to inspect, records that the Di-
rector reasonably requires to review compliance with
this title or that the Comptroller General reasonably
requires to review compliance and operation;
‘‘(8) a designated official of the unit of local
government shall make reports the Director reason-
ably requires, in addition to the annual reports re-
quired under this title;
‘‘(9) the unit of local government will spend the
funds made available under this title only for the
purposes set forth in section 101(a)(2).
‘‘(d) SANCTIONS FOR NONCOMPLIANCE.—
‘‘(1) IN GENERAL.—If the Director determines
that a unit of local government has not complied
substantially with the requirements or regulations
prescribed under subsection (b), the Director shall
notify the unit of local government that if the unit
of local government does not take corrective action
within 60 days of such notice, the Director will with-
hold additional payments to the unit of local govern-
ment for the current and future payment periods
until the Director is satisfied that the unit of local
government—
‘‘(A) has taken the appropriate corrective
action; and
‘‘(B) will comply with the requirements
and regulations prescribed under subsection (b).
‘‘(2) NOTICE.—Before giving notice under para-
graph (1), the Director shall give the chief executive
officer of the unit of local government reasonable no-
tice and an opportunity for comment.
‘‘SEC. 104. ALLOCATION AND DISTRIBUTION OF FUNDS.
‘‘(a) STATE SET-ASIDE.—
‘‘(1) IN GENERAL.—Of the total amounts ap-
propriated for this title for each payment period, the
Director shall allocate for units of local government
in each State an amount that bears the same ratio
to such total as the average annual number of part
1 violent crimes reported by such State to the Fed-
eral Bureau of Investigation for the 3 most recent
calendar years for which such data is available,
bears to the number of part 1 violent crimes re-
ported by all States to the Federal Bureau of Inves-
tigation for such years;
‘‘(2) MINIMUM
REQUIREMENT.—Each State
shall receive not less than .25 percent of the total
amounts appropriated under section 102 under this
subsection for each payment period.
‘‘(3) PROPORTIONAL REDUCTION.—If amounts
available to carry out paragraph (2) for any pay-
ment period are insufficient to pay in full the total
payment that any State is otherwise eligible to re-
ceive under paragraph (1) for such period, then the
Director shall reduce payments under paragraph (1)
for such payment period to the extent of such insuf-
ficiency. Reductions under the preceding sentence
shall be allocated among the States (other than
States whose payment is determined under para-
graph (2)) in the same proportions as amounts
would be allocated under paragraph (1) without re-
gard to paragraph (2).
‘‘(b) LOCAL DISTRIBUTION.—
‘‘(1) IN GENERAL.—From the amount reserved
for each State under subsection (a), the Director
shall allocate—
‘‘(A) among reporting units of local gov-
ernment the reporting units’ share of such re-
served amount, and
‘‘(B) among nonreporting units of local
government the nonreporting units’ share of the
reserved amount.
‘‘(2) AMOUNTS.—
‘‘(A) The reporting units’ share of the re-
served amount is the amount equal to the prod-
uct of such reserved amount multiplied by the
percentage which the population living in re-
porting units of local government in the State
bears to the population of all units of local gov-
ernment in the State.
‘‘(B) The nonreporting units’ share of the
reserved amount is the reserved amount re-
duced by the reporting units’ share of the re-
served amount.
‘‘(3) 
ALLOCATION
TO
EACH
REPORTING
UNIT.—From the reporting units’ share of the re-
served amount for each State under subsection (a),
the Director shall allocate to each reporting unit of
local government an amount which bears the same
ratio to such share as the average annual number of
part 1 violent crimes reported by such unit to the
Federal Bureau of Investigation for the 3 most re-
cent calendar years for which such data is available
bears to the number of part 1 violent crimes re-
ported by all units of local government in the State
in which the unit is located to the Federal Bureau
of Investigation for such years.
‘‘(4) ALLOCATION
TO
EACH
NONREPORTING
UNIT.—From the nonreporting units’ share of the
reserved amount for each State under subsection
(a), the Director shall allocate to each nonreporting
unit of local government an amount which bears the
same ratio to such share as the average number of
part 1 violent crimes of like governmental units in
the same population class as such unit bears to the
average number of part 1 violent crimes of all units
in the State.
‘‘(5) LIMITATION ON ALLOCATIONS.—A unit of
local government shall not receive an allocation
which exceeds 100 percent of such unit’s expendi-
tures on law enforcement services as reported by the
Bureau of the Census for the most recent fiscal
year. Any amount in excess of 100 percent of such
unit’s expenditures on law enforcement services shall
be distributed proportionally among units of local
government whose allocation does not exceed 100
percent of expenditures on law enforcement services.
‘‘(6) DEFINITIONS.—For purposes of this sub-
section—
‘‘(A) The term ‘reporting unit of local gov-
ernment’ means any unit of local government
that reported part 1 violent crimes to the Fed-
eral Bureau of Investigation for the 3 most re-
cent calendar years for which such data is avail-
able.
‘‘(B) The term ‘nonreporting unit of local
government’ means any unit of local govern-
ment which is not a reporting unit of local gov-
ernment.
‘‘(C)(i) The term ‘like governmental units’
means any like unit of local government as de-
fined by the Secretary of Commerce for general
statistical purposes, and means—
‘‘(I) all counties are treated as like
governmental units;
‘‘(II) all cities are treated as like gov-
ernmental units;
‘‘(III) all townships are treated as like
governmental units.
‘‘(ii) Similar rules shall apply to other
types of governmental units.
‘‘(D) The term ‘same population class’
means a like unit within the same population
category as another like unit with the categories
determined as follows:
‘‘(i) 0 through 9,999.
‘‘(ii) 10,000 through 49,999.
‘‘(iii) 50,000 through 149,999.
‘‘(iv) 150,000 through 299,999.
‘‘(v) 300,000 or more.
‘‘(7) LOCAL GOVERNMENTS WITH ALLOCATIONS
OF LESS THAN $10,000.—If under paragraph (3) or
(4) a unit of local government is allotted less than
$10,000 for the payment period, the amount allotted
shall be transferred to the chief executive officer of
the State who shall distribute such funds among
units of local government whose allotment is less
than such amount in a manner which reduces crime
and improves public safety.
‘‘(8) SPECIAL RULES.—
‘‘(A) If a unit of local government in a
State that has been incorporated since the date
of the collection of the data used by the Direc-
tor in making allocations pursuant to this sec-
tion, such unit shall be treated as a nonreport-
ing unit of local government for purposes of
this subsection.
‘‘(b) VIEWS.—At the hearing, persons shall be given
an opportunity to provide written and oral views to the
unit of local government authority responsible for enacting
the budget and to ask questions about the entire budget
and the relation of the payment from the Director to the
entire budget.
‘‘(c) TIME AND PLACE.—The unit of local govern-
ment shall hold the hearing at a time and place that allows
and encourages public attendance and participation.
‘‘SEC. 107. ADMINISTRATIVE PROVISIONS.
‘‘The administrative provisions of part H of the Om-
nibus Crime Control and Safe Streets Act of 1968, shall
apply to this title and for purposes of this section any ref-
erence in such provisions to title I of the Omnibus Crime
Control and Safe Streets Act of 1968 shall be deemed to
be a reference to this title.
‘‘SEC. 108. DEFINITIONS.
‘‘For the purposes of this title:
‘‘(1) The term ‘unit of local government’
means—
‘‘(A) a county, township, city, or political
subdivision of a county, township, or city, that
is a unit of local government as determined by
the Secretary of Commerce for general statis-
tical purposes; and
‘‘(B) the District of Columbia and the rec-
ognized governing body of an Indian tribe or
Alaskan Native village that carries out substan-
tial governmental duties and powers.
‘‘(2) The term ‘payment period’ means each 1-
year period beginning on October 1 of any year in
which a grant under this title is awarded.
‘‘(3) The term ‘State’ means any State of the
United States, the District of Columbia, the Com-
monwealth of Puerto Rico, the Virgin Islands, Amer-
ican Samoa, Guam, and the Northern Mariana Is-
lands, except that American Samoa, Guam, and the
Northern Mariana Islands shall be considered as 1
State and that, for purposes of section 104(a), 33
percent of the amounts allocated shall be allocated
to American Samoa, 50 percent to Guam, and 17
percent to the Northern Mariana Islands.
‘‘(4) The term ‘juvenile’ means an individual
who is 17 years of age or younger.
‘‘(5) The term ‘part 1 violent crimes’ means
murder and nonnegligent manslaughter, forcible
rape, robbery, and aggravated assault as reported to
the Federal Bureau of Investigation for purposes of
the Uniform Crime Reports.
‘‘(6) The term ‘Director’ means the Director of
the Bureau of Justice Assistance.’’.
(b) CONFORMING AMENDMENTS.—
(1) Part Q of the Omnibus Crime Control and
Safe Streets Act of 1968 is repealed effective on
September 30, 1995.
(2) Effective on the date of the enactment of
this Act, section 1001(a) of the Omnibus Crime
Control and Safe Streets Act is amended—
(A) in paragraph (3), by striking ‘‘Q’’; and
(B) by striking paragraph (11).
SEC. 3. CONFORMING AMENDMENTS.
(a) OUNCE OF PREVENTION COUNCIL.—
(1) IN GENERAL.—Subtitle A of title III of the
Violent Crime Control and Law Enforcement Act of
1994 is repealed.
(2) FUNDING.—Notwithstanding the provisions
of paragraph (1), any funds that remain available to
an applicant under subtitle A of title III of the Vio-
lent Crime Control and Law Enforcement Act of
1994 shall be used in accordance with such subtitle
as in effect on the day preceding the date of enact-
ment of this Act.
(b) LOCAL CRIME PREVENTION BLOCK GRANT PRO-
GRAM.—Subtitle B of title III of the Violent Crime Con-
trol and Law Enforcement Act of 1994 is repealed.
(c) MODEL INTENSIVE BLOCK GRANT PROGRAMS.—
Subtitle C of title III of the Violent Crime Control and
Law Enforcement Act of 1994 is repealed.
(d) FAMILY AND COMMUNITY ENDEAVOR SCHOOLS
GRANT PROGRAM.—
(1) IN GENERAL.—Subtitle D of title III of the
Violent Crime Control and Law Enforcement Act of
1994 is repealed.
(2) FUNDING.—Notwithstanding the provisions
of paragraph (1), any funds that remain available to
an applicant under subtitle D of title III of the Vio-
lent Crime Control and Law Enforcement Act of
1994 shall be used in accordance such subtitle as in
effect on the day preceding the date of enactment of
this Act.
(e) ASSISTANCE
FOR DELINQUENT
AND AT-RISK
YOUTH.—Subtitle G of title III of the Violent Crime Con-
trol and Law Enforcement Act of 1994 is repealed.
(f) POLICE RETIREMENT.—Subtitle H of title III of
the Violent Crime Control and Law Enforcement Act of
1994 is repealed.
(g) LOCAL PARTNERSHIP ACT.—
(1) SUBTITLE J.—Sections 31001 and 31002 of
title III of the Violent Crime Control and Law En-
forcement Act of 1994 are repealed.
(2) FEDERAL PAYMENTS.—Chapter 67 of title
31, United States Code is repealed.
(3) TABLE OF CHAPTERS.—The title of chap-
ters at the beginning of subtitle V of title 31, United
States Code, is amended by striking the matter re-
lating to chapter 67.
(4) FUNDING.—Notwithstanding the provisions
of paragraph (2), any funds that remain available to
an applicant under chapter 67 of title 31, United
States Code, shall be used in accordance with such
chapter as in effect on the day preceding the date
of enactment of this Act.
(h) NATIONAL COMMUNITY ECONOMIC PARTNER-
SHIP.—Subtitle K of title III of the Violent Crime Control
and Law Enforcement Act of 1994 is repealed.
(i) URBAN RECREATION AND AT-RISK YOUTH.—
(1) RECREATION.—Subtitle O of title III of the
Violent Crime Control and Law Enforcement Act of
1994 is repealed.
(2) URBAN
PARK
AND
RECREATION
RECOV-
ERY.—(A) Section 1004 of the Urban Park and
Recreation Recovery Act of 1978 is amended—
(i) by striking subsection (d); and
(ii) 
by 
redesignating 
subsections 
(e)
through (k) as (d) through (j), respectively.
(B) Section 1005 of the Urban Park and Recre-
ation Recovery Act of 1978 is amended by inserting
‘‘and’’ at the end of paragraph (6), by inserting a
period at the end of paragraph (7), and by striking
paragraph (8).
(C) Section 1007(b) of the Urban Park and
Recreation Recovery Act of 1978 is amended by
striking the last 2 sentences.
(D) Section 1013 of the Urban Park and
Recreation Recovery Act of 1978 is amended by
striking ‘‘(a) IN GENERAL.—’’ after ‘‘1013’’ and by
striking subsection (b).
(j) COMMUNITY-BASED JUSTICE GRANTS FOR PROS-
ECUTORS.—Subtitle Q of title III of the Violent Crime
Control and Law Enforcement Act of 1994 is repealed.
(k) FAMILY UNITY DEMONSTRATION PROJECT.—
Subtitle S of title III of the Violent Crime Control and
Law Enforcement Act of 1994 is repealed.
(l) GANG RESISTANCE AND EDUCATION TRAINING.—
(1) Subtitle X of title III of the Violent Crime Control
and Law Enforcement Act of 1994 is repealed.
(2) Notwithstanding the provisions of subparagraph
(A), any funds that remain available to an applicant under
subtitle X of title III of the Violent Crime Control and
Law Enforcement Act of 1994 shall be used in accordance
with such subtitle as in effect on the day preceding the
date of enactment of this Act.
Æ
HR 728 IH——2
HR 728 IH——3