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H.R. 3355 (103rd): Violent Crime Control and Law Enforcement Act of 1994


The text of the bill below is as of Nov 3, 1993 (Reported by House Committee).

Summary of this bill

Source: Wikipedia

The Violent Crime Control and Law Enforcement Act of 1994, H.R. 3355, Pub.L. 103–322 is an Act of Congress dealing with crime and law enforcement; it became law in 1994. It is the largest crime bill in the history of the United States and consisted of 356 pages that provided for 100,000 new police officers, $9.7 billion in funding for prisons and $6.1 billion in funding for prevention programs, which were designed with significant input from experienced police officers. Sponsored by Representative Jack Brooks of Texas, the bill was originally written by Senator Joe Biden of Delaware and then was passed by Congress and ...


HR 3355 RH

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.’.