Office of Community Oriented Policing Services; COPS AHEAD and COPS FAST Grant Programs

DEPARTMENT OF JUSTICE

Office of Community Oriented Policing Services; COPS AHEAD and

COPS FAST Grant Programs

AGENCY: Department of Justice, Office of Community Oriented Policing

Services.

ACTION: Notice of interim program guidelines with request for comments

for the Accelerated Hiring, Education and Deployment (COPS AHEAD) and

Funding Accelerated for Smaller (COPS Fast) Programs.

-----------------------------------------------------------------------

SUMMARY: The Office of Community Oriented Policing Services, U.S.

Department of Justice is publishing, for a 45-day public comment

period, interim guidelines to accompany the COPS AHEAD and COPS FAST

programs. Both programs are expedited approaches for the award of

grants for the hiring or rehiring of career law enforcement officers

and are among the programs authorized by the Violent Crime Control and

Law Enforcement Act of 1994, Public Law 103-322.

DATES: Interim guidelines effective January 18, 1995; comments must be

received on or before March 6,1995.

ADDRESSES: Comments may be mailed to the Office of the General Counsel,

Office of Community Oriented Policing Services, U.S. Department of

Justice, P.O. Box 14440,Washington, DC 20044, or delivered to Suite

300, 633 Indiana Avenue, NW., Washington, DC between 9 a.m. and 5:30

p.m. Comments received may also be inspected at Suite 300 between 9:15

a.m. and 5:15 p.m.

FOR FURTHER INFORMATION CONTACT:

L. Anthony Sutin, General Counsel, Office of Community Oriented

Policing Services, U.S. Department of Justice, 633 Indiana Avenue NW.,

Suite 300, Washington, DC 20531; telephone (202) 514-2058.

SUPPLEMENTARY INFORMATION: These interim guidelines have been developed

by the Office of Community Oriented Policing Services in order to

provide guidance to applicants and grantees concerning the

administration and implementation of the Accelerated Hiring, Education

and Deployment (``COPS AHEAD'') and Funding Accelerated for Smaller

Towns (``COPS FAST'') programs. Availability of funds under these

programs and application deadlines were announced in the Federal

Register on November 3, 1994 (59 FR 55132). The guidelines address the

eligibility for the programs, substantive and procedural program

requirements, the application process, and other administrative

matters. Section 1-4, 7 and 8 of the guidelines apply to both COPS

AHEAD and COPS FAST. Section 5 applies exclusively to applicants and

grantees under COPS AHEAD, and Section 6 applies exclusively to

applicants and grantees under COPS FAST.

These guidelines have not been reviewed by the Office of Management

and Budget pursuant to Executive Order 12866. These guidelines will not

have a substantial impact on a significant number of small entities,

thus a regulatory flexibility analysis has not been prepared pursuant

to the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.

The collection of information requirements relating to the COPS

AHEAD and COPS FAST Applications has been submitted to the Office of

Management and Budget for review under the Paperwork Reduction Act, 44

U.S.C. 3504(h) and have received clearance numbers 1105-0061 and 1103-

0015, respectively.

Section 1 Purpose and Substantive Description

1.1 Public safety and community policing grants are authorized by

the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3711,

et seq., as amended by the Public Safety Partnership and Community

Policing Act of 1994 (Title I of the Violent Crime Control and Law

Enforcement Act of 1994) Public Law 103-322 (``the Act'').

1.2 The purposes of these grants are 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. COPS AHEAD and COPS

FAST are part of the Department of Justice's efforts to increase the

number of sworn law enforcement officers by 100,000 over current

levels.

1.3 The Attorney General will delegate powers and responsibilities

under this program to the Director of the Office of Community Oriented

Policing Services (``COPS'') upon his or her appointment.

1.3.1 The Director will have final authority, subject to

applicable administrative or judicial rights of appeal conferred by

statute or regulation, to award, deny, modify, condition, suspend, or

terminate grants under this program. The Director will carry out these

duties under the general guidance and direction of the Attorney General

and the Associate Attorney General.

[[Page 3649]]

Section 2 Eligibility To Apply for Grants

2.1 In general, grants under the Act may be made to States, units

of local government, Indian tribal governments, other public and

private (nongovernmental) entities, and multi-jurisdictional or

regional consortia thereof.

2.1.1 ``Unit of local government'' means any city, county,

township, town, borough, parish, village, or other general purpose

political subdivision of a State, an Indian tribe which performs law

enforcement functions as determined by the Secretary of the Interior,

or, for the purpose of assistance eligibility, any agency of the

District of Columbia government, or the United States Government

performing law enforcement functions in and for the District of

Columbia, and the Trust Territory of the Pacific Islands.

2.1.2 An ``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.

Section 3 Apportionment and Allocation of Grant Funds

3.1 Unless all applications submitted by any State and grantee

within the State have been funded, each qualifying State, together with

grantees within the State, shall receive in each fiscal year at least

0.5 percent of the total amount appropriated in the fiscal year for

public safety and community policing grants.

3.1.1 ``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 application requirements

established by the Department of Justice and complies with all

requirements of the Act, these guidelines and other applicable

provisions of federal law and regulations.

3.1.2 ``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. For purposes of

3.1, American Samoa and the Commonwealth of the Northern Mariana

Islands shall be considered as one state with 67 percent of the amounts

allotted per state to be allotted to American Samoa and 33 percent to

the Commonwealth of the Northern Mariana Islands.

3.1.3 For purposes of applying 3.1, ``the total amount

appropriated in the fiscal year for public safety and community

policing grants'' shall be determined by the total appropriation less

sums allocated to training and technical assistance, evaluations or

studies, other lawful purposes, and amounts not obligated at the end of

the fiscal year.

3.1.4 In determining the geographic apportionment for purposes of

3.1, a grant award that is not accepted by a grantee in a particular

state shall be included within the apportionment for that state as if

such grant had been accepted, provided that, should an award not be

accepted, the Director will reward the funds to another eligible

applicant in the same state, if one exists, if necessary to meet the

requirements of 3.1.

3.1.5 Compliance with the requirement of 3.1 shall be determined

by reference to all grants made within a fiscal year and not on a

phase-by-phase or any other less comprehensive basis.

3.2 One-half of the amount allocated for grants in any fiscal year

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 one-half shall be allocated for grants pursuant to

applications submitted by units of local government or law enforcement

agencies having jurisdiction over areas with populations of 150,000 or

less or by public and private entities that serve areas with

populations of 150,000 or less.

3.2.1 For purposes of implementing this allocation requirement, as

well as for purposes of determining eligibility for particular

programs, each application for a COPS grant will require the applicant

to certify the population of the area served by the applicant.

``Population'' means the total resident population based on the

adjusted 1990 data compiled by the United States Bureau of the Census.

Section 4 Requirements Applicable to COPS AHEAD and COPS FAST

4.1 COPS AHEAD and COPS FAST grants will be made for programs,

projects, and other activities to 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/or to hire new,

additional career law enforcement officers in community oriented

policing (``hire/rehire grants'').

4.1.1 A ``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. ``Career law enforcement

officers'' may include (but are not limited to) sworn municipal,

county, state and tribal police officers, sheriffs' deputies, and

certain officers employed by other law enforcement, investigative and

prosecutorial agencies.

4.1.1 To be eligible for funding under a COPS grants, a rehired

officer must have been separated from the force prior to October 1,

1994.

4.1.2 Grantees may transfer law enforcement officers who are

experienced or trained in community oriented policing into positions

funded by a COPS grant, while newly hired or rehired officers are

assigned to training, probationary or other assignments as may be

customary practice within the agency, provided that there must be an

equal and contemporaneous transfer of current officers to community

policing functions as newly hired or rehired officers are assigned to

training and probationary assignments. Such transfers will not,

however, affect the date on which grant funding for a newly hired or

rehired officer commences.

4.1.2 ``Community oriented policing'' carries no single

definition, nor is there a single approach to community oriented

policing. However, community policing stresses the importance of

police-citizen cooperation to control crime, maintain order, and

improve the quality of life in America. The community is an active

partner with police in defining the problems that are addressed, the

tactics used, and how success is measured. Prevention, problem solving,

and partnerships are tenets of community policing that have been

emphasized by police, researchers, and policymakers. Community oriented

policing can be distinguished from traditional reactive law enforcement

activities.

4.2 The amount of hire/rehire grants is limited to 75 percent of

the salary and benefits of a hired or rehired career law enforcement

officer, subject to a ceiling of $75,000 per officer. These

restrictions apply over the life of a grant, not on an annual basis.

4.2.1 Benefits for purposes of a COPS AHEAD and COPS FAST grant

include health insurance, retirement benefits, social security/FICA

contributions, vacation and sick leave, and workers' compensation

benefits. Benefits for purposes of a COPS AHEAD [[Page 3650]] and COPS

FAST grant excluded equipment, uniforms, vehicles and overtime.

4.2.2 In order to make funds available to the widest number of

communities and to expedite the processing of applications, the

Department of Justice has determined that no waivers of the

restrictions of 4.2 will be granted in connection with the COPS FAST

and COPS AHEAD programs. Accordingly, applicants should not apply for

more funding than is permitted in accordance with the maximum per

officer grant amount as described above. The availability of waivers in

connection with other COPS programs will be set forth in future program

announcements.

4.2.3 Guidance concerning the matching and non-federal share

requirements applicable to all Department of Justice grants is set

forth in Title 28, Part 66 of the Code of Federal Regulations.

4.2.3.1 The non-federal share of hire/rehire grants may be applied

from the following sources:

(a) Funds from States and local units of government that have a

binding, nonspeculative commitment (as of the time of the grant

application) of matching funds for programs or projects, including

funds appropriated by the State and available to local units of

government for the purpose of satisfying the non-federal share

requirement;

(b) Funds from the following, where consistent with applicable

regulations:

(1) Housing and Community Development Act of 1974, 42 U.S.C. 5301,

et seq.;

(2) asset forfeiture equitable sharing program, 21 U.S.C. 881(e);

(c) Funds contributed from private sources;

(d) Program income funds from seized assets and forfeitures;

(e) Funds appropriated by the Congress for the activities of any

agency of either an Indian tribal government or the Bureau of Indian

Affairs performing law enforcement functions on any Indian lands; and

(f) Sources otherwise authorized by law.

4.2.4 The non-federal share of costs must consist of costs

incurred during the grant period. In particular, COPS AHEAD grantees

may not treat costs incurred or paid prior to the beginning of the

grant period as the non-Federal share of grant costs.

4.2.5 COPS AHEAD and COPS FAST grants will be made for a period of

three years. The federal share of a hire/rehire grant will decline year

by year over the course of the grant, looking toward the continuation

of the increased hiring level using State or local sources of funding

following the conclusion of federal support.

4.2.5.1 The rate at which the federal share will decline will be

determined, prior to grant award, on a case-by-case basis in a flexible

manner. Generally, efforts will be made to accommodate the

circumstances and budget requirements of the grantee in the

determination of the decrease in federal share.

4.3 If an officer hired or rehired using COPS grant funds leaves a

grantee's force during the grant period, the grantee should seek to

replace the former officer with a newly hired or rehired officer. The

portion of grant funding allocable to such a position will be suspended

during the period of time in which the position remains vacant.

4.4 Subject to the limitations of this subsection and requirements

of applicable nondiscrimination or other laws, the selection, training

and recruitment of career law enforcement officers to be hired or

rehired is within the discretion and judgment of the grantee.

4.4.1 In order to further effective law enforcement, grantees

will, to the extent practicable and consistent with applicable law,

seek, recruit, and hire qualified persons who are members of racial and

ethnic minority groups and qualified women to increase their ranks

within the sworn positions in the law enforcement agency.

4.4.2 Grantees may hire former members of the Armed Forces to

serve as career law enforcement officers, particularly in communities

that are adversely affected by a recent military base closing.

4.4.2.1 ``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.

4.4.3 In order to maintain the high quality and preparedness of

the nation's law enforcement officers, in hiring new officers, grantees

may not reduce the scope of their customary screening and training

procedures, and must include community policing principles in their

training curricula (including refresher training where appropriate).

4.4.3.1 Assistance in the development or adaptation of training

curricula dealing with community policing is available upon request

from the COPS Office.

4.5 No grant may be made without the submission and approval of a

grant application in the form and manner prescribed by the COPS Office.

4.6 Grant funds must be used in accordance with these guidelines,

applicable statutes, DOJ regulations, Notices, Handbooks, OMB

circulars, grant agreements and award documents, budget documents,

narratives and timetables. Copies of applicable requirements may be

obtained from the COPS Office.

4.7 Each grant shall contain a monitoring component. Monitoring

will include periodic financial and programmatic reporting and, in

appropriate circumstances, on-site reviews. Guidelines for monitoring

components will be issued by the COPS Office.

4.8 Selected grant recipients will be evaluated on the local level

or as part of a national evaluation. Evaluation means the

administration and conduct of studies and analyses to determine the

impact and value of a project or program. These evaluations may include

assessments of individual program implementations. In selected

jurisdictions that are able to support outcome evaluations, an

evaluation of the effectiveness of funded programs, projects, and

activities may be undertaken. Outcome measures may include crime and

victimization indicators, quality of life measures, community

perceptions, and police perceptions of their own work.

4.9 Funds made available to States or units of local government

shall not be used to supplant or replace 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 a COPS grant, 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.

4.9.1 Each application for a COPS grant shall contain a

certification or assurance that COPS grant funds will 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. The

certification also must state that funds required to pay the non-

federal portion of the cost of each program and project for which such

grant is made shall be in addition to funds that would otherwise be

made available for law enforcement.

4.9.2 To prevent supplanting, grantees must devote additional

resources to law enforcement beyond those that would have been made

available irrespective of the application for or receipt of a COPS

grant. In general, absent a demonstrated justification unrelated to the

COPS grant, COPS grants will be expected to [[Page 3651]] increase the

grantee's force level above the number of funded (filled and vacant)

sworn officers existing on October 1, 1994. The following additional

indicators may be used by the Department of Justice to review

applicants and monitor grants for the presence of supplanting:

(a) when COPS-funded hires are excluded, the level of new officers

hired or rehired, or projected to be hired or rehired, during the

current local fiscal year is inconsistent with recent historical

practice;

(b) when COPS-funded hires are excluded, positive and timely steps

have not been taken to offset funded vacancies existing on or after

October 1, 1994 due to attrition; and/or

(c) any other indicia that suggest that the amount of non-federal

resources devoted to the hiring or rehiring of law enforcement officers

has decreased in expectation of or as the result of receipt of a COPS

grant.

4.9.2.1 By way of example only, the following practices likely

will be regarded as supplanting:

(a) A department with vacant funded positions at the start of the

grant period or at any time thereafter hires no new officers other than

COPS grant-funded hires.

(b) No timely hiring, other than COPS-grant funded hiring, is done

by a department to replace vacancies created by attrition existing at

or after the beginning of a grant period.

(c) No hiring, other than COPS-grant funded hiring, is undertaken

by a department that has increased its force size in recent years.

(d) Grant funds are used to replace, or to allow the reallocation

of, funds already committed in a local budget for law enforcement

purposes.

4.9.3 Potential supplanting will be the subject of application

review, as well as possible pre-award review, post-award monitoring,

and audit.

4.9.4 If the use of the indicators in 4.9.2 suggests the potential

presence of supplanting, the applicant or grantee will be required to

supply documentation to the COPS Office demonstrating that the

reduction in nonfederal resources occurred for reasons other than the

receipt or expected receipt of federal funding. If the documentation

does not establish a satisfactory justification, the Director may deny

grant funding, suspend or terminate an approved grant, seek repayment

of grant amounts already disbursed, and/or refer a grantee for civil or

criminal enforcement.

4.9.5 An applicant seeking more definitive guidance concerning

whether a particular use of COPS grant funds will be viewed as

supplanting by the COPS Office may request an advisory letter. A

request for an advisory letter should be directed in writing to the

COPS Office of General Counsel. Such as request should set forth all of

the relevant factual circumstances. An advisory letter will be sent to

the requester within ten business days of receipt of a complete

request. A grantee shall not be penalized by the COPS Office for good-

faith reliance on an advisory letter received under this provision.

4.10 Each grant application also must be accompanied by assurances

or certifications of compliance with legal requirements imposed by

provisions of federal law other than the program requirements

specifically imposed by the Act. The required assurances and

certifications will be set forth in the application materials. These

provisions include requirements that:

(a) grantees maintain a drug-free workplace (28 CFR Part 67);

(b) grant applicants not be currently debarred or suspended from

participation in federal transactions (28 CFR Part 67)

(c) grant funds not be used for federal lobbying efforts (28 CFR

Part 69),

(d) grantees not discriminate or deny benefits or program

participation on the grounds of race, color, religion, gender, national

origin, age or disability, that grantees forward the COPS Office notice

of certain findings of civil rights violations, and that recipients of

grants of $500,000 or more submit an Equal Employment Opportunity Plan

(see 28 CFR Part 42, subparts C, D, E and G);

(e) certain restrictions on political activities by grantee

employees be observed (see 5 U.S.C. Sec. 1501, et seq.);

(f) facilities used in connection with the grant-funded project not

be listed on the EPA's list of Violating Facilities;

(g) grantees observe the minimum wage and maximum hour provisions

of the Federal Fair Labor Standards Act (29 U.S.C. Sec. 201 et seq.),

if they apply to the grantee;

(h) grantees establish safeguards against the use by employees of

positions for private gain;

(i) grantees comply with Office of Management and Budget Circulars

governing the audit of federally-funded programs; and

(j) grantees permit the Department of Justice and/or the

Comptroller General access to records and documents relating to the

grant.

4.10.1 Copies of statutes and regulations relating to any of the

matters on which assurances are sought are available on request from

the COPS Office of General Counsel.

4.11 Each State and local governmental applicant is responsible

for compliance with the intergovernmental review process set forth in

Executive Order 12372. Under this process, if the COPS grant program

has been selected for review by the State in which the grantee is

located, the applicant must submit a copy of the application to the

State Single Point of Contact, if one exists. A listing of State Single

Points of Contact will be contained in each COPS grant application kit.

Submission of a copy of the application to the State Single Point of

Contact may be done at the same time as the original application is

submitted to the COPS Office.

4.12 Grantees must comply with the fiscal and audit requirements

established by the Single Audit Act and OMB Circular A-128.

5.12.1 A grantee must establish or maintain an accounting system

with sufficient fiscal controls to ensure adequate accountability for

the funds that it has been awarded. Detailed guidance on these matters

is contained in Chapter 4 of the Office of Justice Programs' Financial

and Administrative Guide for Grants, which is available from the COPS

Office on request. The grantee must permit access by representatives of

the Department of Justice and/or the Comptroller General of the United

States for the purpose of audit and examination to any pertinent books,

documents, papers, or records of a grant recipient, 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.

Section 5 Provisions Applicable to COPS AHEAD

5.1 COPS AHEAD is open to States, units of local government,

Indian tribal governments, multijurisdictional or regional consortia

and other public entities employing career law enforcement officers and

serving populations of 50,000 or more. ``Population'' is defined at

3.2.1.

5.1.1 Recipients of COPS Phase I grants (announced October 12,

1994 based upon applications submitted under the Police Hiring

Supplement program) are eligible to receive additional funding under

COPS AHEAD if the combined hiring under both programs does not exceed 3

percent of the actual October 1, 1994 force level.

5.2 COPE AHEAD permits interested agencies to begin recruiting,

hiring and training new officers to participate in community oriented

policing in [[Page 3652]] anticipation of and conditional on the

submission of a satisfactory grant application demonstrating compliance

with all program and legal requirements.

5.3 It is projected that COPS AHEAD funds will be sufficient to

enable interested agencies to increase the level of sworn law

enforcement officers by up to a maximum of three percent of the actual

number of sworn officers performing law enforcement functions employed

on October 1, 1994 (subject to the limitation of 5.1.1).

5.3.1 In reporting the number of officers performing law

enforcement functions, agencies should not include officers assigned to

court security and jailing duties.

5.4 Agencies interested in participating in COPS AHEAD have been

asked to submit a letter of intent in a form prescribed by the COPS

Office postmarked by November 10, 1994. In light of the quick turn-

around time required, agencies should make early submission of

materials to avoid logistical problems caused by delivery-related

problems. The percentage of force increase (up to three percent)

available to the interested agencies under COPS AHEAD will be

determined based upon the response received.

5.4.1 If requests from interested agencies exceed the funds

allocated to COPS AHEAD, the Attorney General or her designee has

discretion to adjust the amount or starting date of grants. Any such

adjustments shall seek to distribute the available funds in a manner

that best serves the objectives of the Act.

5.5 Interested agencies will receive further notification from the

COPS Office on or about December 19, 1994.

5.5.1 If eligibility is confirmed and no other matters are

identified that would preclude a subsequent grant award, this ``Go

Ahead'' notification will confirm eligibility to participate in COPS

AHEAD and will set forth the number of officers that the applicant is

eligible to begin hiring, recruiting and training pending submission

and approval of a grant application. The application kit also will be

transmitted with this notification.

5.5.2 If the level of response to COPS AHEAD requires the Attorney

General or her designee to adjust the starting date of grants, the

notification will advise an affected agency that it is anticipated that

its COPS AHEAD application will not be funded during this fiscal year.

Such a notification does not affect the agency's right to seek funding

under any other COPS grant programs for this fiscal year.

5.5.3 A ``Go Ahead'' notification does not constitute a grant

award or a decision or commitment to make a grant award. A grant

decision will be made only upon submission of a formal grant

application and approval requires demonstrated compliance with all

program conditions and other requirements of applicable law. No

enforceable obligation is created by the Go Ahead notification, rather,

this notification, and the COPS AHEAD program itself, has been designed

in response to requests from interested agencies for a procedure by

which hiring and training of new officers could commence prior to

completion of grant application processing. The risk of nonapproval

remains entirely upon the applicant.

5.5.4 If any issues related to compliance with legal requirements

(e.g., ongoing violations of Title VI of the Civil Rights Act of 1964)

that would or may preclude federal funding are known to the COPS Office

as of the date of preparation of the notification letters, the COPS

Office will seek to identify such issues in the notification letter

and, if appropriate, seek to resolve such issues in conjunction with

the applicant. Failure to identify such an issue in the notification

letter does not waive the Department of Justice's right to require

compliance with the applicable legal requirements as a condition of

grant approval.

5.6 Officers proposed to be funded under COPS AHEAD must be hired

no later than the agency's first entering class of new officers with

available capacity in the calendar year 1995.

5.6.1 Absent other circumstances, hiring undertaken in response to

a COPS AHEAD Go Ahead letter (and thus prior to a grant approval or

award) will not be considered to constitute nonfederal expenditures for

purposes of determining the presence of supplanting. If other

information indicates that the hiring ostensibly undertaken in response

to a COPS AHEAD Go Ahead letter was likely to have been undertaken

regardless of the availability of a COPS AHEAD grant, then it may be

concluded that supplanting in fact occurred.

5.6.2 A COPS AHEAD grant may not be used to pay for the salary or

benefits of an officer hired or rehired prior to October 1, 1994,

absent a clear and convincing demonstration by the applicant that the

hiring or rehiring of such officer was specifically contingent upon the

receipt of a COPS grant.

5.7 COPS AHEAD application kits will be mailed to all eligible

agencies that receive a Go Ahead notification. In addition, application

kits may be obtained upon request from the COPS Office, but may not be

submitted by an agency that did not receive a Go Ahead notification.

5.7.1 The COPS AHEAD application kit will contain detailed

instructions on how to complete the application. In addition to

standard assurances and certifications (see 4.10), each COPS AHEAD

application will require the applicant to submit an application

summary, a budget narrative, and to:

(a) include a long-term strategy and detailed implementation plan

that reflects the participation of, and consultation and cooperation

with community members and groups (e.g., school, civic, neighborhood

and tenant associations), organizations of police employees, and

appropriate private and public agencies and reflects consideration of

the applicable state's statewide Byrne Grant strategy developed under

section 503(a)(1) of the Omnibus Crime Control and Safe Streets Act (42

U.S.C. 3753(a)(1));

(i) describe steps taken to consult with the organization which

acts as the legally authorized bargaining representative of the

applicant's law enforcement officer employees, if applicable, and

submit any correspondence or other documentation reflecting such

consultation;

(b) demonstrate a specific public safety need;

(c) explain the applicant's inability to address the need without

federal assistance;

(d) identify related governmental and community initiatives which

complement or will be coordinated with the proposal;

(e) certify that there has been appropriate coordination with all

affected agencies;

(f) outline the initial and ongoing level of community support for

implementing the proposal including financial and in-kind contributions

or other tangible commitments;

(g) specify plans for obtaining necessary support and continuing

the proposed program, project, or activity following the conclusion of

federal support;

(h) 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;

(i) assess the impact, if any, of the increase in police resources

on other components of the criminal justice system;

(j) explain how the grant will be utilized to reorient the affected

law enforcement agency's mission toward community-oriented policing or

[[Page 3653]] enhance its involvement in or commitment to community-

oriented policy; and

(k) provide assurances that, in order to further effective law

enforcement, the applicant will, to the extent practicable and

consistent with applicable law, seek, recruit, and hire qualified

persons who are members of racial and ethnic minority groups and

qualified women to increase their ranks within the sworn positions in

the law enforcement agency.

5.7.2 COPS AHEAD applicants also must submit an Application for

Federal Assistance (Standard Form SF-424), which will be provided in

the application kit. The SF-424 is the face sheet for the application.

5.8 COPS AHEAD applications must be submitted no later than

February 15, 1995. Completed applications should be mailed to COPS

AHEAD, P.O. Box 14440, Washington, DC 20044, and generally will be

processed in the order in which they were received.

5.8.1 The COPS Office will notify an applicant of any curable

deficiencies in the application and will make available any

consultations or technical assistance needed to assist in the curing of

such deficiencies.

5.9 Grant determinations will be made in writing, with sufficient

documentation to indicate the basis upon which assistance was provided

or denied.

5.9.1 If an application is approved, a grant award package,

including any special conditions determined to be appropriate based

upon the application (including grantee-specific monitoring

requirements), will be prepared and forwarded to the applicant. The

award package must be signed by the grantee and returned, and necessary

financial arrangements for funds transfer made, before grant funding

will commence.

5.10 Grant funding will commence as of the date of the beginning

of the grant period or the date on which the officers to be funded are

hired, whichever occurs later.

5.10.1 COPS AHEAD grant funding is prospective only from the

beginning of the grant award period. Grant funds may not be used to pay

for salaries or expenses incurred prior to the date of the beginning of

the grant period, regardless of when the officers to be funded were

hired.

5.11 A COPS AHEAD application, whether successful or unsuccessful,

will have no bearing on an applicant's eligibility to apply for any

other COPS grants.

5.11.1 An award under COPS AHEAD may be considered in evaluating

the public safety need in connection with subsequent applications by

the same agency.

5.11.2 COPS application deadlines and processing time will be

designed so that, to the extent practicable, COPS AHEAD applicants will

be advised of the decision on a COPS AHEAD application prior to the

deadline for the applications for another COPS program.

Section 6 Provisions Applicable to COPS FAST

6.1 COPS FAST is open to States, units of local government, Indian

tribal governments, multijurisdictional or regional consortia and other

public entities employing career law enforcement officers serving

populations under 50,000. ``Population'' is defined at 3.2.1.

6.1.1 Recipients of COPS Phase I grants (announced October 12,

1994 based upon Police Hiring Supplement applications) are eligible to

receive additional funding under COPS FAST.

6.2 COPS FAST uses a streamlined application kit to enable grant

applications to be submitted and processed in very short time periods.

6.2.1 COPS FAST Applications will be available on or about

November 1, 1994, and will be mailed to the extent practicable to all

eligible agencies. In addition, application kits may be obtained from

the COPS Office, the Department of Justice Response Center, offices of

members of Congress, and offices of United States Attorneys.

6.2.2 In addition to standard assurances and certifications, each

COPS FAST application will require the applicant to complete a one-page

application (COPS Form 001) containing basic identifying information

about the agency, the actual number of sworn officers performing law

enforcement functions as of October 1, 1994, the number of new officers

requested, population served, territorial area served, entry level

salary and benefits information, the number of UCR Part I violent

crimes during 1993, and an agreement to abide by the required

assurances and certifications.

6.2.2.1 Under the authority of the section 1702(d)(1) of the Act,

and in the interest of expediting the submission and processing of COPS

FAST applications, the Attorney General has waived the formal

application requirements of section 1702(c)(1), (2), (3), (4), (5),

(6), (7), (8), (9) and (10).

6.3 Completed applications should be mailed to COPS FAST, P.O. Box

14440, Washington, DC 20044, and must be postmarked by December 31,

1994. Telecopied applications will be accepted provided that the front

and back of the application form are transmitted, and must be sent by

December 31, 1994 to (202) 514-9272.

6.4 Based upon the level of response, the level of funding

available to each applicant will be calculated.

6.4.1 If requests from interested agencies exceed the funds

allocated to COPS FAST, the Attorney General or her designee has

discretion to adjust the amount or starting date of grants. Any such

adjustments shall seek to distribute the available funds in a manner

that best serves the objectives of the Act.

6.5 Determinations on completed COPS FAST applications generally

will be made beginning on or about January 2, 1995 with a targeted

completion date, subject to the number of applications submitted, by

February 1, 1995.

6.5.1 The COPS Office will notify an applicant of any curable

deficiencies in the application and will make available any technical

assistance or consultations needed to assist in the curing of such

deficiencies.

6.6 Applicants will be notified on or about February 1, 1995

whether an application has been conditionally approved, has been

denied, or has been deferred.

6.6.1 A notice of conditional approval will set forth the number

of officers that the applicant may begin to recruit, hire and train

pending final approval of the grant application. Generally, the

approval will be conditioned on the submission of a brief description

of the manner in which the proposed hires will be utilized to implement

community oriented policing in the applicant agency and continue the

efforts after conclusion of the grant period, as well as the submission

of budgetary information reflecting the program's funding limits and

required non-federal contribution. Other items of information may be

required on a case-by-case basis.

6.6.1.1 In the preparation of a community policing strategy, COPS

FAST applicants must consult with the organization which acts as the

legally authorized bargaining representative of the applicant's law

enforcement officer employees, if applicable.

6.6.1.2 Technical assistance and consultations will be provided to

assist in the preparation of community policing strategies. Requests

for technical assistance should be directed to the COPS Office, P.O.

Box 14440, Washington, DC 20444 or by telephone to (202) 514-2058.

6.6.2 If the level of response to COPS FAST requires the Attorney

General or her designee to adjust the starting date of grants, the

notification will advise an affected agency that it is anticipated that

its COPS FAST [[Page 3654]] application will not funded during this

fiscal year. Such a notification does not affect the agency's right to

seek funding under other COPS grant programs for this fiscal year.

6.7 Grant determinations will be made in writing, with sufficient

documentation to indicate the basis upon which assistance was provided

or denied.

6.8 Following submission of any required information, if a COPS

FAST Application is finally approved, a grant award package, including

any special conditions determined to be appropriate based upon the

application (including grantee-specific monitoring requirements), will

be prepared and forwarded to the applicant. The award package must be

signed by the grantee and returned, and necessary financial

arrangements for funds transfer made, before grant funding will

commence.

6.8.1 Grant funding will commence as of the date of the beginning

of the grant period or the date on which the officers to be funded are

hired, whichever occurs later.

6.8.2 COPS FAST grant funding is prospective only. Grant funds may

not be used to pay for salaries or expenses incurred prior to the date

of the beginning of the grant period, regardless of when the officers

to be funded were hired.

6.9 COPS application deadlines and processing time will be

designed so that, to the extent practicable, COPS FAST applicants will

be advised of the decision on a COPS FAST application prior to the

deadline for the applications for another COPS program.

Section 7 General Administrative Provisions

7.1 COPS employees involved in the review of applications and in

the making of funding decisions are limited in their ability to provide

advance information to any person concerning funding decisions, or from

otherwise giving any applicant an unfair competitive advantage.

Accordingly, wherever possible, applicants should consult publicly

available guidance documents for the resolution of a program question.

7.1.1 Unless superseded by a regulation, guideline, handbook or

other directive promulgated by the COPS Office, practice and procedures

followed by the Office of Justice Programs in the administration of

discretionary grant programs shall be followed by COPS grantees.

7.1.1.1 In particular, the current version of the Office of

Justice Programs Financial and Administrative Guide for Grants

(M7100.1) should be consulted for guidance on financial, administrative

or procedural issues.

7.1.1.2 Prior opinions of the Office of General Counsel of the

Office of Justice Programs or its predecessor(s) shall be regarded as

persuasive, although not binding, authority for the solution of legal

issues arising in connection with COPS grants.

7.2 Freedom of Information Act requests should be addressed to the

COPS Office of General Counsel.

7.3 The COPS Office shall maintain a public reading area, as

required by the Freedom of Information Act, at 633 Indiana Avenue,

N.W., Third Floor, Washington, DC 20531.

Section 8 Sanctions

8.1 The Department of Justice may impose sanctions if it is

determined, as a result of periodic monitoring or reviews or otherwise,

that the grantee:

(a) Is not substantially complying with the requirements of Act,

these guidelines or with other provisions of federal law;

(b) Fails to make satisfactory progress toward the goals or

strategies set forth in its application, as reflected by performance

and status reports;

(c) Does not adhere to grant agreement requirements or special

conditions;

(d) Proposes substantial plan changes to the extent that, if

originally submitted, would have resulted in the application not being

selected for funding;

(e) Does not submit reports;

(f) Files a false certification in connection with an application,

periodic report or other document submitted to the COPS Office;

(g) Other good cause shown.

8.2 The Department of Justice may impose the following sanctions:

(a) Temporarily withhold cash payments pending correction of the

deficiency by the grantee;

(b) Disallow all or part of the cost of the activity or action not

in compliance;

(c) Wholly or partly suspend or terminate the current award for the

grantee's program;

(d) Require that some or all of the grant amounts be remitted to

the Department of Justice;

(e) Condition a future grant and elect not to provide future grant

funds to the grantee until appropriate actions are taken to ensure

compliance;

(f) Withhold further awards for the program; or

(g) Recommend civil or criminal enforcement by other agencies; and

(h) Take other remedies that may be legally available.

8.3 Except as provided in 8.3.1, the hearing and appeal procedures

set forth in 28 CFR Part 18 shall apply to grant recipients who seek to

contest determinations of noncompliance by the Department of Justice.

References in 28 CFR Part 18 to the Office of Justice Programs and its

officials shall be deemed to be references to the COPS Office and its

Director, as may be appropriate.

8.3.1 Legal responsibility for the enforcement of the

nondiscrimination provisions of Omnibus Crime Control and Safe Streets

Act, as amended (42 U.S.C. 3789d) lies with the Office of Justice

Programs. Compliance procedures are set forth at 28 CFR Parts 18 and

42.

Dated: January 9, 1995.

Janet Reno,

Attorney General.

[FR Doc. 95-1114 Filed 1-17-95; 8:45 am]

BILLING CODE 4410-01-M