[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1524 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1524

To establish a National Center for Rural Law Enforcement, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                               May 1, 1997

Mr. Hutchinson (for himself, Mr. Baldacci, Mr. Taylor, Mr. Cooksey, Mr. 
   Boucher, Mr. McGovern, Mr. Frost, and Mr. Bunning) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To establish a National Center for Rural Law Enforcement, and for other 
                               purposes.

    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 ``Rural Law Enforcement Assistance Act 
of 1997''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Effective and impartial enforcement of the law is one 
        of the most important functions of government.
            (2) The preservation of our form of government and the 
        rights of our citizens are dependent upon competent and 
        professional law enforcement agencies.
            (3) Responsibility for law enforcement in the United States 
        reposes primarily with State and local governments.
            (4) Approximately 22,400 local government entities exist in 
        the 50 states; one-third of all Americans live in nonurban 
        areas; of the 17,120 law enforcement agencies, 90 percent serve 
        populations of less than 25,000 residents and 75 percent serve 
        a population of fewer than 10,000 residents.
            (5) Rural violent crime has increased over 53 percent from 
        1983 to 1995, and is taking a toll on small town and rural 
        citizens and small town and rural law enforcement personnel.
            (6) Rural law enforcement agencies totaling 12,735 (police 
        departments and sheriffs offices serving a population of under 
        25,000) have needs in the areas of providing management 
        education and training, a clearinghouse, professional 
        evaluation, technical assistance, practical research and 
        analyses, and computer and forensic education and training as 
        identified by the National Center for Rural Law Enforcement and 
        the Federal Bureau of Investigation.
            (7) The National Center for Rural Law Enforcement has 
        cooperated in the past and will continue to cooperate with the 
        FBI, the Department of Justice, and the Department of 
        Agriculture to promote the development and implementation of 
        management education and training, a clearinghouse, 
        professional evaluation, technical assistance, practical 
        research and analyses, and computer and forensic education and 
        training for rural law enforcement agencies.

SEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR RURAL LAW ENFORCEMENT.

    (a) In General.--For the purpose of assisting rural law enforcement 
agencies with management education and training, maintaining a 
clearinghouse, evaluation, technical assistance, research, computer and 
forensic education and training, and providing such other support as 
may be necessary or useful, there is authorized to be established a 
private, nonprofit corporation, to be known as the National Center for 
Rural Law Enforcement which shall be neither an agency nor 
establishment of the United States Government.
    (b) Incorporators.--The Board of Directors first appointed shall be 
deemed the incorporators, and the incorporation shall be deemed to have 
been effected from the date of the first meeting of the Board.
    (c) Residence.--The Center shall be located in, and shall be 
considered, for purposes of venue in civil actions, to be a resident of 
Little Rock, Arkansas, or at such other place as the Board may 
subsequently direct.

SEC. 4. CORPORATE POWERS.

    The Center--
            (1) shall have succession, and may sue and be sued, in its 
        corporate name;
            (2) may adopt and use a corporate seal which shall be 
        judicially noticed;
            (3) may adopt, amend, and repeal bylaws;
            (4) may purchase, lease, or otherwise acquire and hold such 
        property as it deems necessary or convenient in the transaction 
        of its business, and may dispose of any such property;
            (5) shall be eligible to apply for and to make grants from 
        or to, and to enter into contracts or cooperative agreements 
        without regard to the Federal Procurement Acquisition 
        Regulations with, Federal, State, and local governments, public 
        or private institutions, organizations, entities, and 
        individuals necessary or convenient to the exercise of the 
        functions or powers conferred explicitly or implicitly by this 
        Act;
            (6) may arrange, as permitted by law, for the loan, detail 
        or assistance, or use of facilities, personnel, or equipment 
        from Federal, State, or local agencies, departments, or 
        entities on a reimbursable or nonreimbursable basis;
            (7) may request from any Federal department or agency such 
        information, data, and materials as may be necessary or 
        convenient to the exercise of the functions or powers conferred 
        explicitly or implicitly by this Act although the head of such 
        department or agency may decline to comply with such a request;
            (8) may solicit and accept gifts, devises, grants and 
        donations of property, including cash or services in 
        furtherance of its function and mission;
            (9) shall have such other powers as may be necessary or 
        appropriate for the exercise of the functions or powers 
        conferred specifically or implicitly by this Act; and
            (10) is prohibited from supporting any political party or 
        candidate for elective or appointive office.

SEC. 5. BOARD OF DIRECTORS.

    (a) Composition.--The Board of the Center shall be composed of 18 
members as follows:
            (1) Two members from each of the 6 regions (Northeast, 
        Northwest, Southeast, Southwest, Midwest, and West) shall be 
        appointed from rural law enforcement agencies serving rural 
        areas.
            (2) One member shall be appointed from the International 
        Association of Directors of State Law Enforcement Training.
            (3) Two members shall be selected from personnel of the 
        Federal Bureau of Investigation, and shall hold membership on 
        the Board in an ex officio capacity. The members shall be 
        selected by and serve at the pleasure of the Director of the 
        FBI.
            (4) The president of the University of Arkansas shall be an 
        ex officio Board member.
            (5) The Executive Director of the Center shall be an ad hoc 
        Board member.
            (6) One resident of a rural area shall be selected to serve 
        as an ad hoc member.
    (b) Initial Board.--
            (1) Selection of members.--Appointive members of the 
        initial Board of Directors shall be selected cooperatively by 
        the president of the University of Arkansas, the Director of 
        the FBI, and the Executive Director of the preexisting National 
        Center for Rural Law Enforcement at the University of Arkansas.
            (2) Designation of chairman.--The president of the 
        University of Arkansas and the Director of the FBI shall 
        designate a chairman from among the appointees to the initial 
        Board.
            (3) Term of office.--The term of office for appointive 
        members of the initial Board shall be 3 years.
            (4) Selection of successors.--Not later than 90 days before 
        the expiration of such 3-year term, the Board shall select, 
        with the advice and counsel of the president of the University 
        of Arkansas and the Director of the FBI, successors to the 
        initial appointive members.
    (c) Subsequent Boards.--
            (1) Term of office.--The term of office for appointive 
        members to subsequent Boards shall be 6 years.
            (2) Staggered terms.--The successor appointive Board 
        members, at their first meeting, will draw lots from 1 to 6 
        years.
            (3) Subsequent selections.--The Board shall select, with 
        the advice and counsel of the president of the University of 
        Arkansas and the Director of the FBI, successors as may be 
        necessary or appropriate to replace members who resign or 
        otherwise vacate their offices or whose terms of office expire 
        within 90 days.
            (4) Term limit.--No member shall serve more than 1 
        uninterrupted 6-year term.
            (5) Election of chairman.--After the initial Board has been 
        replaced, as appropriate or necessary, the Board shall elect a 
        chairman from among its appointive members. The chairman's term 
        of office shall be coextensive with that individual's term of 
        office on the Board.
    (d) Functions.--The Board shall direct the exercise of all of the 
business and powers of the Center, including the adoption, amendment, 
and repeal of bylaws. The Board shall appoint (subject to specific 
provisions herein) and oversee the Executive Director and other 
corporate officers in the performance of their duties.
    (e) Quorums.--Vacancies on the Board shall not impair the powers of 
the Board to execute the functions of the Center if there are not less 
than 7 voting members in office. Such number shall also constitute a 
quorum for the transaction of the business of the Board.
    (f) Compensation and Status.--
            (1) In general.--The members of the Board shall serve 
        without compensation from the Center but are authorized to 
        receive whatever pay, allowances, and benefits to which they 
        are otherwise entitled by virtue of their Federal, State, or 
        local government employment.
            (2) Expenses.--The members may be compensated for travel 
        and per diem expenses by the Center at rates authorized under 
        subchapter I of chapter 57 of title 5, United States Code, 
        while away from their permanent duty stations in the 
        performance of Center business.
            (3) Status.--Other than the 2 ex officio members from the 
        FBI, members of the Board shall not be considered officers or 
        employees of the United States for any purpose.

SEC. 6. OFFICERS AND EMPLOYEES.

    (a) Executive Director.--
            (1) Initial executive director.--The Executive Director of 
        the preexisting National Center for Rural Law Enforcement at 
        the University of Arkansas shall serve as the initial Executive 
        Director for the Center with a term of 3 years.
            (2) Subsequent appointments.--After the initial 3-year term 
        of the first Executive Director, the Board of Directors shall 
        select and appoint, without regard to the provisions of the 
        civil service laws applicable to officers and employees of the 
        United States, and after consultation with the Director of the 
        FBI and the president of the University of Arkansas, a 
        successor whose term of office shall be 5 years.
            (3) Vacancy.--The Board may at any time select and appoint, 
        after consultation with the Director of the FBI and the 
        president of the University of Arkansas, a successor to replace 
        an Executive Director who resigns or otherwise vacates office 
        or whose term of office will expire within 30 days. An 
        Executive Director appointed to fill a vacancy occurring prior 
        to the expiration of the term for which the predecessor was 
        selected and appointed shall serve for the remainder of such 
        term.
            (4) Consecutive terms.--No person shall serve as the 
        Executive Director for more than 2 consecutive terms, excluding 
        the term of the initial Executive Director.
            (5) Compensation.--The Board shall fix the Executive 
        Director's compensation, benefits, and allowances.
            (6) Duties.--The Executive Director shall be responsible to 
        the Board of Directors for--
                    (A) the management and administration of the 
                Center,
                    (B) the conduct of its day-to-day affairs and 
                business,
                    (C) the performance of its officers, agents, and 
                employees, and
                    (D) the establishment of an advisory board to 
                assist the Executive Director with policy issues.
    (b) Additional Staff.--The Executive Director shall select and 
nominate for appointment by the Board such other senior officers, 
assistants, and employees as may be necessary for the transaction of 
the Center's business and subject to Board concurrence, fix their 
compensation and define their duties. Officers may be removed by the 
Executive Director for cause subject to the concurrence of the Board. 
Assistants and other employees may be removed by the Executive Director 
without Board concurrence.
    (c) FBI Staff.--To assist the Center in carrying out its functions 
and programs, the Director of the FBI may assign, on a full-time basis, 
not more than 4 FBI personnel to the Center on a nonreimbursable basis. 
Personnel so assigned will remain employees of the Federal Government 
for all purposes and will not become employees of the Center for any 
purpose.
    (d) Status.--Unless otherwise an employee of the Federal 
Government, officers and employees of the Center shall not be 
considered to be employees of the United States for any purpose.

SEC. 7. FUNCTIONS.

    (a) In General.--In cooperation with the FBI, the Center, an 
educational entity, shall provide for the development of a rural law 
enforcement educational program through consultation with institutions 
of higher learning and the Board. The Center shall provide for--
            (1) the development and delivery of management education 
        and training, clearinghouse, evaluation, technical assistance, 
        practical research and evaluation, and computer and forensic 
        education and training for and to rural law enforcement agency 
        personnel, including supervisory and executive managers;
            (2) the delivery of technical assistance, including 
        research and studies into the causes and prevention of criminal 
        activity, to rural law enforcement agencies;
            (3) equitable education opportunities;
            (4) the development, promotion, and voluntary adoption of 
        national educational and training standards and accreditation 
        certification programs for rural law enforcement agencies and 
        personnel;
            (5) the development and dissemination of information 
        designed to assist States and units of local government in 
        small town and rural areas throughout the country;
            (6) grants to, and contracts with, Federal, State, and 
        local government, units of local rural law enforcement, public 
        and private agencies, educational institutions, organizations 
        and individuals to carry out this subtitle;
            (7) the establishment and maintenance of a clearinghouse 
        and information center for the collection, preparation, and 
        dissemination of information on criminal justice and rural law 
        enforcement, including programs for the prevention of crime and 
        recidivism;
            (8) the delivery of assistance, in a consulting capacity, 
        to criminal justice agencies in the development, establishment, 
        maintenance, and coordination of programs, facilities and 
        services, training, and research relating to crime in rural 
        areas;
            (9) encouragement and assistance to Federal, State, and 
        local government programs and services;
            (10) the development of technical education and training 
        teams to aid in the development of seminars, workshops, 
        education and training programs within the States and with the 
        State and local agencies that work with small town and rural 
        law enforcement managers;
            (11) conducting, encouraging, and coordinating research 
        relating to law enforcement and criminal justice issues, 
        including the causes, assessment, evaluation, analysis, and 
        prevention of criminal activity;
            (12) the formulation and recommendation of rural law 
        enforcement policy, goals, and standards applicable to involved 
        criminal justice agencies, organizations, institutions, and 
        personnel; and
            (13) the evaluation by institutions of higher learning for 
        the purpose of encouraging programs of study for rural law 
        enforcement.
    (b) Discretionary Activities.--The Center may--
            (1) create an organizational structure with regional 
        representation for the purpose of--
                    (A) delivering management education and training;
                    (B) conducting research focused on small town and 
                rural law enforcement needs;
                    (C) providing technical assistance;
                    (D) creating a clearinghouse focused on small town 
                and rural law enforcement;
                    (E) conducting evaluations for the benefit of small 
                town and rural law enforcement;
                    (F) providing education and training in forensics; 
                and
                    (G) providing education and training in computers;
            (2) confer with and request the assistance, services, 
        records, and facilities of State and local governments or other 
        public or private agencies, organizations, and individuals; and
            (3) procure the services of experts and consultants in 
        accordance with section 3109 of title 5, United States Code, at 
        rates of compensation not to exceed the daily equivalent of the 
        rate authorized for members of the Senior Executive Service, 
        ES-6, Level V, as authorized by section 5352 of title 5, United 
        States Code.

SEC. 8. METHODS.

    In carrying out its functions under this section, the Center 
shall--
            (1) utilize consensus building; and
            (2) work in cooperation with--
                    (A) small town and rural, non urban law enforcement 
                agencies;
                    (B) agencies of Federal, State, and local 
                governments; and
                    (C) institutions of higher learning, law 
                enforcement associations and other not-for-profit 
                organizations;
            (3) request and receive from other Federal departments and 
        agencies such statistics, data, program reports, and other 
        materials necessary for the Center to carry out its functions;
            (4) arrange with and reimburse the heads of other Federal 
        departments and agencies for the use of personnel, facilities, 
        or equipment of such departments and agencies; and
            (5) use the assistance, services, records, and facilities 
        of State and local governments or other public or private 
        agencies, organizations, and individuals.

SEC. 9. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Board'' means the Board of Directors of the 
        National Center for Rural Law Enforcement.
            (2) The term ``Center'' means the National Center for Rural 
        Law Enforcement.
            (3) The term ``Executive Director'' means the Executive 
        Director of the National Center for Rural Law Enforcement.
            (4) The term ``FBI'' means the Federal Bureau of 
        Investigation.
            (5) The term ``rural area'' means an area with a population 
        of 25,000 or less.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act--
            (1) $12,000,000 for fiscal year 1997; and
            (2) such sums as may be necessary for each of fiscal years 
        1998 through 2002.
                                 <all>