[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 728 Introduced in House (IH)]







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 Representatives 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 Control 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 allocated to such unit under this title for 
        each payment 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 following purposes:
                    ``(A)(i) hiring, training, and employing on a 
                continuing basis new, additional law enforcement 
                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 enforcement 
                functions.
                    ``(B) Enhancing school security measures by--
                            ``(i) providing increased law enforcement 
                        patrols in and around schools, whether through 
                        the hiring of additional law enforcement 
                        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 
                        detectors, fences, closed circuit cameras, and 
                        other physical safety measures;
                            ``(iv) gun hotlines designed to facilitate 
                        the reporting of weapons possession by students 
                        and other individuals in and around schools; 
                        and
                            ``(v) preventing and suppressing violent 
                        youth gang activity.
                    ``(C) Establishing crime prevention programs that 
                substantially involve law enforcement officials and 
                that are intended to discourage, disrupt, or interfere 
                with the commission of criminal activity, including 
                neighborhood watch and citizen patrol programs, and 
                programs intended to prevent juvenile crime.
    ``(b) Timing of Payments.--The Director shall pay each unit of 
local government that has submitted an application 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 increase or 
        decrease under this subsection a payment to a unit of local 
        government only if the Director determines 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 Director 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 Director, any amount that is--
                    ``(A) paid to the unit from amounts appropriated 
                under the authority of this section; and
                    ``(B) not expended by the unit within 2 years after 
                receipt of such funds from the Director.
            ``(2) Penalty for failure to repay.--If the amount required 
        to be repaid is not repaid, the Director shall reduce payment 
        in future payment periods 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 administrative 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 regulations 
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 establish a process for 
the ongoing evaluation of projects developed with funds made available 
under this title.
    ``(c) General Requirements for Qualification.--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 established 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, 
                        religious, 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 Director;
            ``(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) during a period not to exceed 2 
        years from the date the first grant payment is made to the unit 
        of local government;
            ``(5) the unit of local government will expend the payments 
        received in accordance with the laws and procedures that are 
        applicable to the expenditure of revenues of the unit of local 
        government;
            ``(6) the unit of local government will use accounting, 
        audit, and fiscal procedures that conform to guidelines which 
        shall be prescribed by the Director 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 government, the unit 
        of local government will make available to the Director and the 
        Comptroller General, with the right to inspect, records that 
        the Director 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 reasonably requires, in 
        addition to the annual reports required 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 withhold 
        additional payments to the unit of local government 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 paragraph (1), 
        the Director shall give the chief executive officer of the unit 
        of local government reasonable notice and an opportunity for 
        comment.

``SEC. 104. ALLOCATION AND DISTRIBUTION OF FUNDS.

    ``(a) State Set-aside.--
            ``(1) In general.--Of the total amounts appropriated 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 Federal 
        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 reported by all States to the Federal Bureau of 
        Investigation 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 payment period are insufficient 
        to pay in full the total payment that any State is otherwise 
        eligible to receive under paragraph (1) for such period, then 
        the Director shall reduce payments under paragraph (1) for such 
        payment period to the extent of such insufficiency. Reductions 
        under the preceding sentence shall be allocated among the 
        States (other than States whose payment is determined under 
        paragraph (2)) in the same proportions as amounts would be 
        allocated under paragraph (1) without regard 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 government the 
                reporting units' share of such reserved 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 reserved 
                amount is the amount equal to the product of such 
                reserved amount multiplied by the percentage which the 
                population living in reporting units of local 
                government in the State bears to the population of all 
                units of local government in the State.
                    ``(B) The nonreporting units' share of the reserved 
                amount is the reserved amount reduced by the reporting 
                units' share of the reserved amount.
            ``(3) Allocation to each reporting unit.--From the 
        reporting units' share of the reserved 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 recent calendar years for which 
        such data is available bears to the number of part 1 violent 
        crimes reported 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 expenditures 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 subsection--
                    ``(A) The term `reporting unit of local government' 
                means any unit of local government that reported part 1 
                violent crimes to the Federal Bureau of Investigation 
                for the 3 most recent calendar years for which such 
                data is available.
                    ``(B) The term `nonreporting unit of local 
                government' means any unit of local government which is 
                not a reporting unit of local government.
                    ``(C)(i) The term `like governmental units' means 
                any like unit of local government as defined 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 
                        governmental 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 Director in making allocations 
                pursuant to this section, such unit shall be treated as 
                a nonreporting unit of local government for purposes of 
                this subsection.
                    ``(B) If a unit of local government in the State 
                has been annexed since the date of the collection of 
                the data used by the Director in making allocations 
                pursuant to this section, the Director shall pay the 
                amount that would have been allocated to such unit of 
                local government to the unit of local government that 
                annexed it.
    ``(c) Unavailability of Information.--For purposes of this section, 
if data regarding part 1 violent crimes in any State for the 3 most 
recent calendar years is unavailable or substantially inaccurate, the 
Director shall utilize the best available comparable data regarding the 
number of violent crimes for such years for such State for the purposes 
of allocation of any funds under this title.

``SEC. 105. UTILIZATION OF PRIVATE SECTOR.

    ``Funds or a portion of funds allocated under this title may be 
utilized to contract with private, nonprofit entities or community-
based organizations to carry out the purposes specified under section 
101(a)(2).

``SEC. 106. PUBLIC PARTICIPATION.

    ``(a) In General.--A unit of local government expending payments 
under this title shall hold not less than 1 public hearing on the 
proposed use of the payment from the Director in relation to its entire 
budget.
    ``(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 government 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 Omnibus Crime 
Control and Safe Streets Act of 1968, shall apply to this title and for 
purposes of this section any reference 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 statistical purposes; and
                    ``(B) the District of Columbia and the recognized 
                governing body of an Indian tribe or Alaskan Native 
                village that carries out substantial 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 Commonwealth of Puerto 
        Rico, the Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands, 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 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.
    (b) Local Crime Prevention Block Grant Program.--Subtitle B of 
title III of the Violent Crime Control 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 Violent 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 Control 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 Enforcement 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 chapters at the 
        beginning of subtitle V of title 31, United States Code, is 
        amended by striking the matter relating 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 Partnership.--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 recovery.--(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 Recreation 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 Prosecutors.--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.
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