COPS Statute

TITLE I—PUBLIC SAFETY AND

POLICING

SEC. 10001. SHORT TITLE.

This title may be cited as the ‘‘Public Safety Partnership and

Community Policing Act of 1994’’.

SEC. 10002. PURPOSES.

The purposes of this title are to—

(1) substantially increase the number of law enforcement

officers interacting directly with members of the community

(‘‘cops on the beat’’);

(2) provide additional and more effective training to law

enforcement officers to enhance their problem solving, service,

and other skills needed in interacting with members of the

community;

(3) encourage the development and implementation of

innovative programs to permit members of the community to

assist State, Indian tribal government, and local law enforcement

agencies in the prevention of crime in the community;

and

(4) encourage the development of new technologies to assist

State, Indian tribal government, and local law enforcement

agencies in reorienting the emphasis of their activities from

reacting to crime to preventing crime,

by establishing a program of grants and assistance in furtherance

if these objectives, including the authorization for a period of 6

years of grants for the hiring and rehiring of additional career

law enforcement officers.

SEC. 10003. 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—

(1) by redesignating part Q as part R;

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(2) by redesignating section 1701 as section 1801; and

(3) by 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 may make

grants to States, units of local government, Indian tribal governments,

other public and private entities, and multi-jurisdictional

or regional consortia thereof 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, HIRING, AND INITIAL REDEPLOYMENT GRANT

PROJECTS.—

‘‘(1) IN GENERAL.—Grants made under subsection (a) may

be used for programs, projects, and other activities to—

‘‘(A) rehire law enforcement officers who have been

laid off as a result of State and local budget reductions

for deployment in community-oriented policing;

‘‘(B) hire and train new, additional career law enforcement

officers for deployment in community-oriented policing

across the Nation; and

‘‘(C) procure equipment, technology, or support systems,

or pay overtime, if the applicant for such a grant

demonstrates to the satisfaction of the Attorney General

that expenditures for such purposes would result in an

increase in the number of officers deployed in communityoriented

policing equal to or greater than the increase

in the number of officers that would result from a grant

for a like amount for the purposes specified in subparagraph

(A) or (B).

‘‘(2) GRANTS FOR EQUIPMENT, TECHNOLOGY, AND SUPPORT

SYSTEMS.—Grants pursuant to paragraph (1)(C)—

‘‘(A) may not exceed—

‘‘(i) 20 percent of the funds available for grants

pursuant to this subsection in fiscal year 1995;

‘‘(ii) 20 percent of the funds available for grants

pursuant to this subsection in fiscal year 1996; or

‘‘(iii) 10 percent of the funds available for grants

pursuant to this subsection in fiscal years 1997, 1998,

1999, and 2000; and

‘‘(B) may not be awarded in fiscal years 1998, 1999,

or 2000 unless the Attorney General has certified that

grants awarded in fiscal years 1995, 1996, and 1997 pursuant

to subparagraph (1)(C) have resulted in an increase

in the number of officers deployed in community-oriented

policing equal to or greater than the increase in the number

of officers that have resulted from the grants in like

amounts awarded in fiscal years 1995, 1996, and 1997

pursuant to paragraph (1) (A) and (B).

‘‘(c) TROOPS-TO-COPS PROGRAMS.—

‘‘(1) IN GENERAL.—Grants made under subsection (a) may

be used to hire former members of the Armed Forces to serve

as career law enforcement officers for deployment in commu-

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nity-oriented policing, particularly in communities that are

adversely affected by a recent military base closing.

‘‘(2) DEFINITION.—In this subsection, ‘former member of

the Armed Forces’ means a member of the Armed Forces of

the United States who is involuntarily separated from the

Armed Forces within the meaning of section 1141 of title 10,

United States Code.

‘‘(d) ADDITIONAL GRANT PROJECTS.—Grants made under subsection

(a) 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,

such as a citizens’ police academy, including programs designed

to increase the level of access to the criminal justice system

enjoyed by victims, witnesses, and ordinary citizens by

establishing decentralized satellite offices (including video

facilities) of principal criminal courts buildings;

‘‘(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;

‘‘(9) establish, implement, and coordinate crime prevention

and control programs (involving law enforcement officers working

with community members) with other Federal programs

that serve the community and community members to better

address the comprehensive needs of the community and its

members; and

‘‘(10) support the purchase by a law enforcement agency

of no more than 1 service weapon per officer, upon hiring

for deployment in community-oriented policing or, if necessary,

upon existing officers’ initial redeployment to community-oriented

policing.

‘‘(e) PREFERENTIAL CONSIDERATION OF APPLICATIONS FOR CERTAIN

GRANTS.—In awarding grants under this part, the Attorney

General may give preferential consideration, where feasible, to

applications for hiring and rehiring additional career law enforce-

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ment officers that involve a non-Federal contribution exceeding

the 25 percent minimum under subsection (i).

‘‘(f) TECHNICAL ASSISTANCE.—

‘‘(1) IN GENERAL.—The Attorney General may provide technical

assistance to States, units of local government, Indian

tribal governments, and to other public and private entities,

in furtherance of the purposes of the Public Safety Partnership

and Community Policing Act of 1994.

‘‘(2) MODEL.—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) TRAINING CENTERS AND FACILITIES.—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, supervisors, and such others

as the Attorney General considers to be appropriate concerning

community or problem-oriented policing and improvements in

police-community interaction and cooperation that further the

purposes of the Public Safety Partnership and Community

Policing Act of 1994.

‘‘(g) UTILIZATION OF COMPONENTS.—The Attorney General may

utilize any component or components of the Department of Justice

in carrying out this part.

‘‘(h) MINIMUM AMOUNT.—Unless all applications submitted by

any State and grantee within the State pursuant to subsection

(a) have been funded, each qualifying State, together with grantees

within the State, shall receive in each fiscal year pursuant to

subsection (a) not less than 0.5 percent of the total amount appropriated

in the fiscal year for grants pursuant to that subsection.

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.

‘‘(i) MATCHING FUNDS.—The portion of the costs of a program,

project, or activity provided by a grant under subsection (a) 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 1 year for hiring or rehiring

career law enforcement officers, the Federal share shall decrease

from year to year for up to 5 years, looking toward 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).

‘‘(j) ALLOCATION OF FUNDS.—The funds available under this

part shall be allocated as provided in section 1001(a)(11)(B).

‘‘(k) 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 6 years from the date of enactment

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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) 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) CONTENTS.—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);

‘‘(2) demonstrate a specific public safety need;

‘‘(3) explain the applicant’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;

‘‘(8) if the application is for a grant for hiring or rehiring

additional career law enforcement officers, specify plans for

the assumption by the applicant of a progressively larger share

of the cost in the course of time, looking toward the continuation

of the increased hiring level using State or local sources of

funding following the conclusion of Federal support;

‘‘(9) assess the impact, if any, of the increase in police

resources on other components of the criminal justice system;

‘‘(10) explain how the grant will be utilized to reorient

the affected law enforcement agency’s mission toward community-

oriented policing or enhance its involvement in or commitment

to community-oriented policing; and

‘‘(11) provide assurances that the applicant will, to the

extent practicable, seek, recruit, and hire members of racial

and ethnic minority groups and women in order to increase

their ranks within the sworn positions in the law enforcement

agency.

‘‘(d) SPECIAL PROVISIONS.—

‘‘(1) SMALL JURISDICTIONS.—Notwithstanding any other

provision of this part, in relation to applications under this

part of units of local government or law enforcement agencies

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having jurisdiction over areas with populations of less than

50,000, the Attorney General may waive 1 or more of the

requirements of subsection (c) and may otherwise make special

provisions to facilitate the expedited submission, processing,

and approval of such applications.

‘‘(2) SMALL GRANT AMOUNT.—Notwithstanding any other

provision of this part, in relation to applications under section

1701(d) for grants of less than $1,000,000, the Attorney General

may waive 1 or more of the requirements of subsection (c)

and may otherwise make special provisions to facilitate the

expedited submission, processing, and approval of such applications.

‘‘SEC. 1703. 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 2 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 5 years, subject to the requirements of subsection (a), but notwithstanding

the limitation in that subsection concerning the number

of years for which grants may be renewed.

‘‘(c) MULTIYEAR GRANTS.—A grant for a period exceeding 1

year may be renewed as provided in this section, except that the

total duration of such a grant including any renewals may not

exceed 3 years, or 5 years if it is a grant made for hiring or

rehiring additional career law enforcement officers.

‘‘SEC. 1704. LIMITATION ON USE OF FUNDS.

‘‘(a) NONSUPPLANTING REQUIREMENT.—Funds made available

under this part to States or units of local government shall not

be used to supplant State or local funds, or, in the case of Indian

tribal governments, funds supplied by the Bureau of Indian Affairs,

but shall be used to increase the amount of funds that would,

in the absence of Federal funds received under this part, be made

available from State or local sources, or in the case of Indian

tribal governments, from funds supplied by the Bureau of Indian

Affairs.

‘‘(b) NON-FEDERAL COSTS.—

‘‘(1) IN GENERAL.—States and units of local government

may use assets received through the Assets Forfeiture equitable

sharing program to provide the non-Federal share of the cost

of programs, projects, and activities funded under this part.

‘‘(2) INDIAN TRIBAL GOVERNMENTS.—Funds appropriated by

the Congress for the activities of any agency of an Indian

tribal government or the Bureau of Indian Affairs performing

law enforcement functions on any Indian lands may be used

to provide the non-Federal share of the cost of programs or

projects funded under this part.

‘‘(c) 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.

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‘‘SEC. 1705. PERFORMANCE EVALUATION.

‘‘(a) MONITORING COMPONENTS.—Each program, project, or

activity funded under this part shall contain a monitoring component,

developed pursuant to guidelines established by the Attorney

General. The monitoring required by this subsection shall include

systematic identification and collection of data about activities,

accomplishments, and programs throughout the life of the program,

project, or activity and presentation of such data in a usable form.

‘‘(b) EVALUATION COMPONENTS.—Selected grant recipients shall

be evaluated on the local level or as part of a national evaluation,

pursuant to guidelines established by the Attorney General. Such

evaluations may include assessments of individual program

implementations. In selected jurisdictions that are able to support

outcome evaluations, the effectiveness of funded programs, projects,

and activities may be required. Outcome measures may include

crime and victimization indicators, quality of life measures, community

perceptions, and police perceptions of their own work.

‘‘(c) PERIODIC REVIEW AND REPORTS.—The Attorney General

may require a grant recipient to submit to the Attorney General

the results of the monitoring and evaluations required under subsections

(a) and (b) and such other data and information as the

Attorney General deems reasonably necessary.

‘‘SEC. 1706. REVOCATION OR SUSPENSION OF FUNDING.

‘‘If the Attorney General determines, as a result of the reviews

required by section 1705, 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, the Attorney General may revoke or suspend funding

of that grant, in whole or in part.

‘‘SEC. 1707. 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 and to 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.—Subsection (a) shall

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. 1708. GENERAL REGULATORY AUTHORITY.

‘‘The Attorney General may promulgate regulations and guidelines

to carry out this part.

‘‘SEC. 1709. DEFINITIONS.

‘‘In this part—

‘‘ ‘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.

‘‘ ‘citizens’ police academy’ means a program by local law

enforcement agencies or private nonprofit organizations in

which citizens, especially those who participate in neighborhood

watch programs, are trained in ways of facilitating communica-

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tion between the community and local law enforcement in the

prevention of crime.

‘‘ ‘Indian tribe’ means a tribe, band, pueblo, nation, or other

organized group or community of Indians, including an Alaska

Native village (as defined in or established under the Alaska

Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that

is recognized as eligible for the special programs and services

provided by the United States to Indians because of their

status as Indians.’’.

(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 item 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. Renewal of grants.

‘‘Sec. 1704. Limitation on use of funds.

‘‘Sec. 1705. Performance evaluation.

‘‘Sec. 1706. Revocation or suspension of funding.

‘‘Sec. 1707. Access to documents.

‘‘Sec. 1708. General regulatory authority.

‘‘Sec. 1709. Definitions.

‘‘PART R—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 1801. Continuation of rules, authorities, and proceedings.’’.

(c) AUTHORIZATION OF APPROPRIATIONS.—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 new paragraph:

‘‘(11)(A) There are authorized to be appropriated to carry out

part Q, to remain available until expended—

‘‘(i) $1,332,000,000 for fiscal year 1995;

‘‘(ii) $1,850,000,000 for fiscal year 1996;

‘‘(iii) $1,950,000,000 for fiscal year 1997;

‘‘(iv) $1,700,000,000 for fiscal year 1998;

‘‘(v) $1,700,000,000 for fiscal year 1999; and

‘‘(vi) $268,000,000 for fiscal year 2000.

‘‘(B) Of funds available under part Q in any fiscal year, up

to 3 percent may be used for technical assistance under section

1701(f) or for evaluations or studies carried out or commissioned

by the Attorney General in furtherance of the purposes of part

Q. Of the remaining funds, 50 percent shall be allocated for grants

pursuant to applications submitted by units of local government

or law enforcement agencies having jurisdiction over areas with

populations exceeding 150,000 or by public and private entities

that serve areas with populations exceeding 150,000, and 50 percent

shall be allocated for grants pursuant to applications submitted

by units of local government or law enforcement agencies having

jurisdiction over areas with populations 150,000 or less or by public

and private entities that serve areas with populations 150,000

or less. Of the funds available in relation to grants under part

Q, 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. In view of the extraordinary need for law enforcement assistance

in Indian country, an appropriate amount of funds available under

H. R. 3355—20

part Q shall be made available for grants to Indian tribal governments

or tribal law enforcement agencies.’’.