[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3355 Reported in House (RH)]
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
cooperative 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 Committee of the Whole
House on the State of the Union, and ordered to be printed
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
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
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 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,
SECTION 1. COMMUNITY POLICING; ``COPS ON THE BEAT''.
(a) In General.--Title I 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 States and units of 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 and train new, additional career law enforcement
officers (including cadets and trainees) 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;
``(8) develop and establish new administrative and
managerial systems to facilitate the adoption of community-
oriented policing as an organization-wide philosophy; and
``(9) establish, implement, and coordinate crime prevention
and control programs (involving law enforcement officers
working with community members) with other existing Federal
programs that serve the community and community members to
better address the comprehensive needs of such community and
its members.
``(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 percent minimum under subsection (h) of
this section.
``(e) Technical Assistance.--(1) The Attorney General may provide
technical assistance to States and units of local government, and to
other public and private entities, 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 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 this part.
``(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 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
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 title.
``(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 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 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;
``(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, ethnic,
and gender minority groups whose representation in the
law enforcement agency for which funds are sought is
less than in the general population 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 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, 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 supporting
materials received to the Attorney General.
``(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.--Notwithstanding 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 States or units of local government 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 percent 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.--States and units of local 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.--
``(1) Each program, project, or activity funded under this
part shall contain an evaluation component, 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
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 States
and units of local government, 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. 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
described 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 pursuant 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 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
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 furtherance of the purposes of part Q.''.