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

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## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** January 18, 1995
- **Citation:** 60 FR 3648

## Text

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.

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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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A95-1114. Public record. Not legal advice.