[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3355 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3355

  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 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

_______________________________________________________________________

                                 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 to address crime and disorder problems, and otherwise to 
                         enhance public safety.

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

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 General 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 cooperative efforts between law enforcement agencies and 
members of the community to address crime and disorder problems, 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 activities 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 policing; and
            ``(2) hire new, additional career law enforcement 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 redeploying officers to such activities;
            ``(2) provide specialized training to law enforcement 
        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 multidisciplinary 
        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 programs to permit 
        members of the community to assist State and local law 
        enforcement agencies in the prevention 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 programs to 
        increase and enhance proactive crime control and prevention 
        programs involving law enforcement 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 Applications for Certain 
Grants.--In awarding grants under this part, the Attorney General may 
give preferential consideration to grants for hiring and rehiring 
additional career law enforcement officers that involve a non-Federal 
contribution exceeding the 25% 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 entities, 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 Attorney 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 strategies associated with community or problem-
oriented policing 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 contracting or cooperative 
arrangements. The functions of the centers or facilities established 
under this paragraph may include instruction and seminars for police 
executives, managers, trainers and supervisors concerning community or 
problem-oriented policing and improvements in police-community 
interaction and cooperation that further the purposes of section 101 of 
the Violent Crime Control and Law Enforcement Act of 1993.
    ``(f) Utilization of Department of Justice Offices and Services.--
The Attorney General may utilize any office or service of the 
Department of Justice in carrying out this part.
    ``(g) Minimum Amount.--Each qualifying state, together with 
grantees within the state, shall receive in each fiscal year pursuant 
to subsection (a) of this not less than 0.25% of the total amount 
appropriated in the fiscal year for grants pursuant to that subsection. 
As used in this subsection, ``qualifying state'' means any state which 
has submitted an application for a grant, or in which an eligible 
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 contribution to the costs of a program, project, or activity. 
In relation to a grant for a period exceeding one year for hiring 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 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 Officers.--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 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 
provisions 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 application 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 Guidelines.--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 public agencies and reflects 
        consideration of the statewide strategy under section 503(a)(1) 
        of the Omnibus 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 community 
        initiatives which complement or will be coordinated with the 
        proposal;
            ``(5) certify that there has been appropriate coordination 
        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 support 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 officers--
                    ``(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 increase 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 agency's mission 
                towards community-oriented policing or enhance its 
                involvement in or commitment 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 submitted 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 
Enforcement 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 applications 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 submit 
the list along with all grant applications and supporting materials 
received to the Attorney General.
    ``(B) In making the submission to the Attorney General 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 applications should receive special priority and provide 
supporting reasons for the recommendation.
    ``(c) Direct Application to the Attorney General by Certain 
Municipalities.--Notwithstanding subsection (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 purposes 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 associations that include one or 
more such units of local government or law enforcement agencies.
    ``(d) Direct Application to the Attorney General by Other 
Applicants.--Notwithstadning subsection (a) of this section, if a State 
chooses not to carry out the functions described in subsection (b) of 
this section, an applicant 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 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 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 exceeding one year 
may be renewed as provided in this section, except that the total 
duration of such a grant including any renewals may not exceed three 
years, or six years if it is a grant made for hiring or rehiring 
additional career law enforcement officers.

``SEC. 1705. LIMITATION ON USE OF FUNDS.

    ``(a) Non-supplanting Requirement.--Funds made available under this 
part to State or local governments 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% of the funds available 
under this part may be used for the costs of States in carrying out the 
functions described 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 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.--Each program, project, or activity 
funded under this part shall contain an evaluation component, developed 
pursuant to guidelines established by the Attorney General. The 
evaluations required by this subsection shall include outcome measures 
that can be used to determine the effectiveness of the funded programs, 
projects, and activities. Outcome measures may include crime and 
victimization indicators, quality of life measures, community 
perceptions, and police perceptions 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 examination 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 State and 
local governments, persons, businesses, and other entities that are 
involved in programs, projects, or activities for which assistance is 
provided under this part.
    ``(b) By the Comptroller General.--The provisions of subsection (a) 
of this section shall also apply with respect to audits and 
examinations conducted by the Comptroller 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. 102. 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. 2793) is amended--
            (1) in paragraph (3) by striking ``and N.'' and inserting 
        ``N, O, P, and Q.''; and
            (2) by adding at the end the following new paragraph:
            ``(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% 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% may be used for the costs of 
        States in carrying out the functions described in section 
        1703(b) or other administrative costs. Of the remaining funds, 
        60% shall be allocated for grants pursuant to applications 
        submitted as provided in section 1703(a) or (d), and 40% shall 
        be allocated for grants pursuant to applications submitted as 
        provided in section 1703(c). Of the funds available in relation 
        to grants pursuant to applications submitted as provided in 
        section 1703(a) or (d), at least 85% shall be applied to grants 
        for the purposes specified in section 1701(b), and no more than 
        15% may be applied to other grants in furtherance 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% shall be applied to grants for 
        the purposes specified in section 1701(b), and no more than 15% 
        may be applied to other grants in furtherance of the purposes 
        of Part Q.''.

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HR 3355 IH----2