Home > 106th Congressional Bills > H.R. 4999 (ih) To control crime by providing law enforcement block grants. [Introduced in House] ...H.R. 4999 (ih) To control crime by providing law enforcement block grants. [Introduced in House] ...
106th CONGRESS
2d Session
H. R. 4999
_______________________________________________________________________
AN ACT
To control crime by providing law enforcement block grants.
106th CONGRESS
2d Session
H. R. 4999
_______________________________________________________________________
AN ACT
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 2000''.
SEC. 2. BLOCK GRANT PROGRAM.
(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 Act an amount equal to the
sum of any amounts allocated to such unit under this Act for
each payment period. The Director shall pay such amount from
amounts appropriated to carry out this Act.
(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, one 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.
(iii) Procuring equipment, technology, and other
material directly related to basic law enforcement
functions.
(B) Enhancing security measures--
(i) in and around schools; and
(ii) in and around any other facility or
location which is considered by the unit of
local government to have a special risk for
incidents of crime.
(C) Establishing crime prevention programs that
may, though not exclusively, 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, sexual assault and domestic violence
programs, and programs intended to prevent juvenile
crime.
(D) Establishing or supporting drug courts.
(E) Establishing early intervention and prevention
programs for juveniles to reduce or eliminate crime.
(F) Enhancing the adjudication process of cases
involving violent offenders, including the adjudication
process of cases involving violent juvenile offenders.
(G) Enhancing programs under subpart 1 of part E of
the Omnibus Crime Control and Safe Streets Act of 1968.
(H) Establishing cooperative task forces between
adjoining units of local government to work
cooperatively to prevent and combat criminal activity,
particularly criminal activity that is exacerbated by
drug or gang-related involvement.
(I) Establishing a multijurisdictional task force,
particularly in rural areas, composed of law
enforcement officials representing units of local
government, that works with Federal law enforcement
officials to prevent and control crime.
(3) Definitions.--For purposes of this subsection--
(A) the term ``violent offender'' means a person
charged with committing a part I violent crime; and
(B) the term ``drug courts'' means a program that
involves--
(i) continuing judicial supervision over
offenders with substance abuse problems who are
not violent offenders; and
(ii) the integrated administration of other
sanctions and services, which shall include--
(I) mandatory periodic testing for
the use of controlled substances or
other addictive substances during any
period of supervised release or
probation for each participant;
(II) substance abuse treatment for
each participant;
(III) probation, or other
supervised release involving the
possibility of prosecution,
confinement, or incarceration based on
noncompliance with program requirements
or failure to show satisfactory
progress; and
(IV) programmatic, offender
management, and aftercare services such
as relapse prevention, vocational job
training, job placement, and housing
placement.
(b) Prohibited Uses.--Notwithstanding any other provision of this
Act, a unit of local government may not expend any of the funds
provided under this Act to purchase, lease, rent, or otherwise
acquire--
(1) tanks or armored personnel carriers;
(2) fixed wing aircraft;
(3) limousines;
(4) real estate;
(5) yachts;
(6) consultants; or
(7) vehicles not primarily used for law enforcement,
unless the Attorney General certifies that extraordinary and exigent
circumstances exist that make the use of funds for such purposes
essential to the maintenance of public safety and good order in such
unit of local government.
(c) Timing of Payments.--The Director shall pay each unit of local
government that has submitted an application under this Act 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 4(c),
whichever is later.
(d) Adjustments.--
(1) In general.--Subject to paragraph (2), the Director
shall adjust a payment under this Act 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.
(e) 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.
(f) 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. Any amounts remaining in such designated fund after
5 years following the enactment of the Local Government Law
Enforcement Block Grants Act of 2000 shall be applied to the
Federal deficit or, if there is no Federal deficit, to reducing
the Federal debt.
(g) Nonsupplanting Requirement.--Funds made available under this
Act 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 Act, be made
available from State or local sources.
(h) Matching Funds.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of a grant received under this Act may not exceed
90 percent of the costs of a program or proposal funded under
this Act.
(2) Exception for financial hardship.--The Director may
increase the Federal share under paragraph (1) up to 100
percent for a unit of local government upon a showing of
financial hardship by such unit.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act--
(1) $2,000,000,000 for fiscal year 2001;
(2) $2,000,000,000 for fiscal year 2002;
(3) $2,000,000,000 for fiscal year 2003;
(4) $2,000,000,000 for fiscal year 2004; and
(5) $2,000,000,000 for fiscal year 2005.
(b) Oversight Accountability and Administration.--Not more than 3
percent of the amount authorized to be appropriated under subsection
(a) for each of the fiscal years 2001 through 2005 shall be available
to the Attorney General for studying the overall effectiveness and
efficiency of the provisions of this Act, and assuring compliance with
the provisions of this Act and for administrative costs to carry out
the purposes of this Act. The Attorney General shall establish and
execute an oversight plan for monitoring the activities of grant
recipients. Such sums are to remain available until expended.
(c) Technology Assistance.--The Attorney General shall reserve 1
percent in each of fiscal years 2001 through 2003 of the amount
authorized to be appropriated under subsection (a) for use by the
National Institute of Justice in assisting local units to identify,
select, develop, modernize, and purchase new technologies for use by
law enforcement.
(d) Availability.--The amounts authorized to be appropriated under
subsection (a) shall remain available until expended.
SEC. 4. 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 Act.
(b) Program Review.--The Director shall establish a process for the
ongoing evaluation of projects developed with funds made available
under this Act.
(c) General Requirements for Qualification.--A unit of local
government qualifies for a payment under this Act 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, but is not limited to, a
representative from--
(i) the local police department or local
sheriff's department;
(ii) the local prosecutor's office;
(iii) the local court system;
(iv) the local public school system; and
(v) a local nonprofit, educational,
religious, or community group active in crime
prevention or drug use prevention or treatment;
(B) has reviewed the application; and
(C) is designated to make nonbinding
recommendations to the unit of local government for the
use of funds received under this Act;
(2) the chief executive officer of the State has had not
less than 20 days to review and comment on the application
prior to submission to the Director;
(3)(A) the unit of local government will establish a trust
fund in which the government will deposit all payments received
under this Act; and
(B) 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;
(4) 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;
(5) 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 Act shall be audited in compliance with the Single Audit
Act of 1984;
(6) 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
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