Union Calendar No. 175
103D CONGRESS
1ST SESSION
H. R. 3355
[Report No. 103–324]
A BILL
To amend the Omnibus Crime Control and Safe
Streets Act of 1968 to allow grants to increase
police presence, to expand and improve coopera-
tive efforts between law enforcement agencies
and members of the community to address crime
and disorder problems, and otherwise to enhance
public safety.
NOVEMBER 3, 1993
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 175
103D CONGRESS
1ST SESSION
H. R. 3355
[Report No. 103–324]
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
allow grants to increase police presence, to expand and improve coopera-
tive efforts between law enforcement agencies and members of the com-
munity to address crime and disorder problems, and otherwise to enhance
public safety.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 26, 1993
Mr. BROOKS (for himself and Mr. SCHUMER) introduced the following bill;
which was referred to the Committee on the Judiciary
NOVEMBER 3, 1993
Additional sponsor: Mr. HUGHES
NOVEMBER 3, 1993
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on October 26, 1993]
A BILL
To amend the Omnibus Crime Control and Safe Streets
Act of 1968 to allow grants to increase police presence,
to expand and improve cooperative efforts between law
enforcement agencies and members of the community
the comprehensive needs of such community and its
members.
‘‘(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 sub-
section (h) of this section.
‘‘(e) TECHNICAL ASSISTANCE.—(1) The Attorney Gen-
eral may provide technical assistance to States and units
of local government, and to other public and private enti-
ties, in furtherance of the purposes of this part.
‘‘(2) The technical assistance provided by the Attorney
General may include the development of a flexible model
that will define for States and units of local government,
and other public and private entities, definitions and strat-
egies associated with community or problem-oriented polic-
ing and methodologies for its implementation.
‘‘(3) The technical assistance provided by the Attorney
General may include the establishment and operation of
training centers or facilities, either directly or by contract-
ing or cooperative arrangements. The functions of the cen-
ters or facilities established under this paragraph may in-
clude instruction and seminars for police executives, man-
agers, trainers, and supervisors concerning community or
problem-oriented policing and improvements in police-com-
munity interaction and cooperation that further the pur-
poses of this part.
‘‘(f) UTILIZATION OF DEPARTMENT OF JUSTICE OF-
FICES AND SERVICES.—The Attorney General may utilize
any office or service of the Department of Justice in carry-
ing out this part.
‘‘(g) MINIMUM AMOUNT.—Each qualifying State, to-
gether with grantees within the State, shall receive in each
fiscal year pursuant to subsection (a) of this not less than
0.25 percent of the total amount appropriated in the fiscal
year for grants pursuant to such subsection. As used in this
subsection, ‘qualifying State’ means any State which has
submitted an application for a grant, or in which an eligi-
ble entity has submitted an application for a grant, which
meets the requirements prescribed by the Attorney General
and the conditions set out in this part.
‘‘(h) MATCHING FUNDS.—The portion of the costs of
a program, project, or activity provided by a grant 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-Federal con-
tribution to the costs of a program, project, or activity. In
relation to a grant for a period exceeding one year for hir-
ing or re-hiring 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 conclusion of Federal
support, as provided in an approved plan pursuant to sec-
tion 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 title.
‘‘(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 conclusion
of six years from the date of enactment of this part. Prior
to the expiration of this grant authority, the Attorney Gen-
eral shall submit a report to Congress concerning the experi-
ence with and effects of such grants. The report may include
any recommendations the Attorney General may have for
amendments to this part and related provisions of law in
light of the termination of the authority to make grants for
the hiring and rehiring of additional career law enforce-
ment officers.
‘‘SEC. 1702. APPLICATIONS.
‘‘(a) IN GENERAL.—No grant may be made under this
part unless an application has been submitted to, and ap-
proved 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 Attorney
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 statewide
strategy under section 503(a)(1) of this part;
‘‘(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 com-
munity support for implementing the proposal in-
cluding 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 support;
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;
‘‘(C) explain how the grant will be utilized
to re-orient the affected law enforcement agency’s
mission towards community-oriented policing or
enhance its involvement in or commitment to
community-oriented policing; and
‘‘(D) ensure that, to the extent practicable,
grantees seek and recruit members of racial, eth-
nic, and gender minority groups whose represen-
tation in the law enforcement agency for which
funds are sought is less than in the general pop-
ulation qualified for such employment in such
jurisdiction.
‘‘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 this title in the State in which the applicant
is located for initial review.
‘‘(b) INITIAL REVIEW OF APPLICATION.—The State of-
fice referred to in subsection (a) of this section shall review
applications for grants under this part submitted to it,
based upon criteria specified by the Attorney General by
regulation or guidelines, and rank such applications based
upon the criteria specified by the Attorney General. The
State office referred to in subsection (a) of this section shall
submit the list along with all grant applications and sup-
porting materials received to the Attorney General.
‘‘(c) DIRECT APPLICATION TO THE ATTORNEY GEN-
ERAL BY CERTAIN MUNICIPALITIES.—Notwithstanding sub-
section (a) of this section, municipalities whose population
exceeds 100,000 may submit an application for a grant
under this part directly to the Attorney General. For pur-
poses of this subsection, ‘municipalities whose population
exceeds 100,000’ means units of local government or law
enforcement agencies having jurisdiction over areas with
populations exceeding 100,000, and consortia or associa-
tions that include one or more such units of local govern-
ment or law enforcement agencies.
‘‘(d) DIRECT APPLICATION TO THE ATTORNEY GEN-
ERAL BY OTHER APPLICANTS.—Notwithstanding subsection
(a) of this section, if a State chooses not to carry out the
functions described in subsection (b) of this section, an ap-
plicant in the State may submit an application for a grant
under this part directly to the Attorney General.
‘‘SEC. 1704. RENEWAL OF GRANTS.
‘‘(a) IN GENERAL.—Except for grants made for hiring
or rehiring additional career law enforcement officers, a
grant under this part may be renewed for up to two addi-
tional years after the first fiscal year during which a recipi-
ent receives its initial grant if the Attorney General deter-
mines that the funds made available to the recipient were
used in a manner required under an approved application
and if the recipient can demonstrate significant progress
in achieving the objectives of the initial application.
‘‘(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 requirements
of subsection (a) of this section, but notwithstanding the
limitation in that subsection concerning the number 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 States or units of local govern-
ment 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.—States and units of local
government may use assets received through the assets for-
feiture equitable sharing program to cover the non-Federal
portion of programs, projects, and activities funded under
this part.
‘‘(d) HIRING COSTS.—Funding provided under this
part for hiring or rehiring a career law enforcement officer
may not exceed $75,000, unless the Attorney General grants
a waiver from this limitation.
‘‘SEC. 1706. PERFORMANCE EVALUATION.
‘‘(a) EVALUATION COMPONENTS.—
‘‘(1) Each program, project, or activity funded
under this part shall contain an evaluation compo-
nent, developed pursuant to guidelines established by
the Attorney General.
‘‘(2) The evaluations required by paragraph (1)
shall include outcome measures that can be used to
determine the effectiveness of the funded programs,
projects, activities and a description of the geographic
dispersion, and racial, ethnic, and gender diversity of
rehired and new employees. Outcome measures may
include crime and victimization indicators, quality of
life measures, community perceptions, and police per-
ceptions of their own work.
‘‘(b) PERIODIC REVIEW AND REPORTS.—The Attorney
General shall review the performance of each grant recipient
under this part. The Attorney General may require a grant
recipient to submit to the Attorney General the results of
the evaluations required under subsection (a) and such
other data and information as the Attorney General deems
reasonably necessary to carry out the responsibilities under
this subsection.
‘‘SEC. 1707. REVOCATION OR SUSPENSION OF FUNDING.
‘‘If the Attorney General determines, as a result of the
reviews required by section 1706 of this part, or otherwise,
that a grant recipient under this part is not in substantial
compliance with the terms and requirements of an approved
grant application submitted under section 1702 of this
part, the Attorney General may revoke or suspend funding
of that grant, in whole or in part.
‘‘SEC. 1708. ACCESS TO DOCUMENTS.
‘‘(a) BY
THE ATTORNEY GENERAL.—The Attorney
General shall have access for the purpose of audit and exam-
ination to any pertinent books, documents, papers, or
records of a grant recipient under this part, as well as the
pertinent books, documents, papers, or records of States and
units of local government, persons, businesses, and other en-
tities that are involved in programs, projects, or activities
for which assistance is provided under this part.
‘‘(b) BY THE COMPTROLLER GENERAL.—The provi-
sions of subsection (a) of this section shall also apply with
respect to audits and examinations conducted by the Comp-
troller General of the United States or by an authorized
representative of the Comptroller General.
‘‘SEC. 1709. GENERAL REGULATORY AUTHORITY.
‘‘The Attorney General is authorized to promulgate
regulations and guidelines to carry out this part.
‘‘SEC. 1710. DEFINITION.
‘‘For the purposes of this part, the term ‘career law
enforcement officer’ means a person hired on a permanent
basis who is authorized by law or by a State or local public
agency to engage in or supervise the prevention, detection,
or investigation of violations of criminal laws.’’.
(b) TECHNICAL AMENDMENT.—The table of contents of
title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711, et seq.) is amended by striking
the material relating to part Q and inserting the following:
‘‘PART Q—PUBLIC SAFETY AND COMMUNITY POLICING; ‘COPS ON THE BEAT’
‘‘Sec. 1701. Authority to make public safety and community policing grants.
‘‘Sec. 1702. Applications.
‘‘Sec. 1703. Review of applications by State office.
‘‘Sec. 1704. Renewal of grants.
‘‘Sec. 1705. Limitation on use of funds.
‘‘Sec. 1706. Performance evaluation.
‘‘Sec. 1707. Revocation or suspension of funding.
‘‘Sec. 1708. Access to documents.
‘‘Sec. 1709. General regulatory authority.
‘‘Sec. 1710. Definition.
‘‘PART R—TRANSITION—EFFECTIVE DATE—REPEALER
‘‘Sec. 1801. Continuation of rules, authorities and proceedings.’’.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION.—Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3793)is amended—
(1) in paragraph (3) by striking ‘‘and O.’’ and
inserting ‘‘O, P, and Q.’’; and
(2) by adding at the end the following:
‘‘(11)(A) There are authorized to be appropriated to
carry out part Q, to remain available until expended,
$200,000,000 for fiscal year 1994 and $650,000,000 for each
of the fiscal years 1995, 1996, 1997, 1998, and 1999.
‘‘(B) Of funds available under part Q in any fiscal
year, up to 5 percent may be used for technical assistance
under section 1701(e) or for evaluations or studies carried
out or commissioned by the Attorney General in furtherance
of the purposes of part Q, and up to 5 percent may be used
for the costs of States in carrying out the functions de-
scribed in section 1703(b) or other administrative costs. Of
the remaining funds, 60 percent shall be allocated for grants
pursuant to applications submitted as provided in section
1703(a) or (d), and 40 percent shall be allocated for grants
pursuant to applications submitted as provided in section
1703(c). Of the funds available in relation to grants pursu-
ant to applications submitted as provided in section
1703(a) or (d), at least 85 percent shall be applied to grants
for the purposes specified in section 1701(b), and no more
than 15 percent may be applied to other grants in further-
ance of the purposes of part Q. Of the funds available in
relation to grants pursuant to applications submitted as
provided in section 1703(c), at least 85 percent shall be ap-
plied to grants for the purposes specified in section 1701(b),
and no more than 15 percent may be applied to other grants
in furtherance of the purposes of part Q.’’.