article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Law Enforcement Assistance Act of 1997''. SEC. 2. FINDINGS. Congress finds the following: (1) Effective and impartial enforcement of the law is one of the most important functions of government. (2) The preservation of our form of government and the rights of our citizens are dependent upon competent and professional law enforcement agencies. (3) Responsibility for law enforcement in the United States reposes primarily with State and local governments. (4) Approximately 22,400 local government entities exist in the 50 states; one-third of all Americans live in nonurban areas; of the 17,120 law enforcement agencies, 90 percent serve populations of less than 25,000 residents and 75 percent serve a population of fewer than 10,000 residents. (5) Rural violent crime has increased over 53 percent from 1983 to 1995, and is taking a toll on small town and rural citizens and small town and rural law enforcement personnel. (6) Rural law enforcement agencies totaling 12,735 (police departments and sheriffs offices serving a population of under 25,000) have needs in the areas of providing management education and training, a clearinghouse, professional evaluation, technical assistance, practical research and analyses, and computer and forensic education and training as identified by the National Center for Rural Law Enforcement and the Federal Bureau of Investigation. (7) The National Center for Rural Law Enforcement has cooperated in the past and will continue to cooperate with the FBI, the Department of Justice, and the Department of Agriculture to promote the development and implementation of management education and training, a clearinghouse, professional evaluation, technical assistance, practical research and analyses, and computer and forensic education and training for rural law enforcement agencies. SEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR RURAL LAW ENFORCEMENT. (a) In General.--For the purpose of assisting rural law enforcement agencies with management education and training, maintaining a clearinghouse, evaluation, technical assistance, research, computer and forensic education and training, and providing such other support as may be necessary or useful, there is authorized to be established a private, nonprofit corporation, to be known as the National Center for Rural Law Enforcement which shall be neither an agency nor establishment of the United States Government. (b) Incorporators.--The Board of Directors first appointed shall be deemed the incorporators, and the incorporation shall be deemed to have been effected from the date of the first meeting of the Board. (c) Residence.--The Center shall be located in, and shall be considered, for purposes of venue in civil actions, to be a resident of Little Rock, Arkansas, or at such other place as the Board may subsequently direct. SEC. 4. CORPORATE POWERS. The Center-- (1) shall have succession, and may sue and be sued, in its corporate name; (2) may adopt and use a corporate seal which shall be judicially noticed; (3) may adopt, amend, and repeal bylaws; (4) may purchase, lease, or otherwise acquire and hold such property as it deems necessary or convenient in the transaction of its business, and may dispose of any such property; (5) shall be eligible to apply for and to make grants from or to, and to enter into contracts or cooperative agreements without regard to the Federal Procurement Acquisition Regulations with, Federal, State, and local governments, public or private institutions, organizations, entities, and individuals necessary or convenient to the exercise of the functions or powers conferred explicitly or implicitly by this Act; (6) may arrange, as permitted by law, for the loan, detail or assistance, or use of facilities, personnel, or equipment from Federal, State, or local agencies, departments, or entities on a reimbursable or nonreimbursable basis; (7) may request from any Federal department or agency such information, data, and materials as may be necessary or convenient to the exercise of the functions or powers conferred explicitly or implicitly by this Act although the head of such department or agency may decline to comply with such a request; (8) may solicit and accept gifts, devises, grants and donations of property, including cash or services in furtherance of its function and mission; (9) shall have such other powers as may be necessary or appropriate for the exercise of the functions or powers conferred specifically or implicitly by this Act; and (10) is prohibited from supporting any political party or candidate for elective or appointive office. SEC. 5. BOARD OF DIRECTORS. (a) Composition.--The Board of the Center shall be composed of 18 members as follows: (1) Two members from each of the 6 regions (Northeast, Northwest, Southeast, Southwest, Midwest, and West) shall be appointed from rural law enforcement agencies serving rural areas. (2) One member shall be appointed from the International Association of Directors of State Law Enforcement Training. (3) Two members shall be selected from personnel of the Federal Bureau of Investigation, and shall hold membership on the Board in an ex officio capacity. The members shall be selected by and serve at the pleasure of the Director of the FBI. (4) The president of the University of Arkansas shall be an ex officio Board member. (5) The Executive Director of the Center shall be an ad hoc Board member. (6) One resident of a rural area shall be selected to serve as an ad hoc member. (b) Initial Board.-- (1) Selection of members.--Appointive members of the initial Board of Directors shall be selected cooperatively by the president of the University of Arkansas, the Director of the FBI, and the Executive Director of the preexisting National Center for Rural Law Enforcement at the University of Arkansas. (2) Designation of chairman.--The president of the University of Arkansas and the Director of the FBI shall designate a chairman from among the appointees to the initial Board. (3) Term of office.--The term of office for appointive members of the initial Board shall be 3 years. (4) Selection of successors.--Not later than 90 days before the expiration of such 3-year term, the Board shall select, with the advice and counsel of the president of the University of Arkansas and the Director of the FBI, successors to the initial appointive members. (c) Subsequent Boards.-- (1) Term of office.--The term of office for appointive members to subsequent Boards shall be 6 years. (2) Staggered terms.--The successor appointive Board members, at their first meeting, will draw lots from 1 to 6 years. (3) Subsequent selections.--The Board shall select, with the advice and counsel of the president of the University of Arkansas and the Director of the FBI, successors as may be necessary or appropriate to replace members who resign or otherwise vacate their offices or whose terms of office expire within 90 days. (4) Term limit.--No member shall serve more than 1 uninterrupted 6-year term. (5) Election of chairman.--After the initial Board has been replaced, as appropriate or necessary, the Board shall elect a chairman from among its appointive members. The chairman's term of office shall be coextensive with that individual's term of office on the Board. (d) Functions.--The Board shall direct the exercise of all of the business and powers of the Center, including the adoption, amendment, and repeal of bylaws. The Board shall appoint (subject to specific provisions herein) and oversee the Executive Director and other corporate officers in the performance of their duties. (e) Quorums.--Vacancies on the Board shall not impair the powers of the Board to execute the functions of the Center if there are not less than 7 voting members in office. Such number shall also constitute a quorum for the transaction of the business of the Board. (f) Compensation and Status.-- (1) In general.--The members of the Board shall serve without compensation from the Center but are authorized to receive whatever pay, allowances, and benefits to which they are otherwise entitled by virtue of their Federal, State, or local government employment. (2) Expenses.--The members may be compensated for travel and per diem expenses by the Center at rates authorized under subchapter I of chapter 57 of title 5, United States Code, while away from their permanent duty stations in the performance of Center business. (3) Status.--Other than the 2 ex officio members from the FBI, members of the Board shall not be considered officers or employees of the United States for any purpose. SEC. 6. OFFICERS AND EMPLOYEES. (a) Executive Director.-- (1) Initial executive director.--The Executive Director of the preexisting National Center for Rural Law Enforcement at the University of Arkansas shall serve as the initial Executive Director for the Center with a term of 3 years. (2) Subsequent appointments.--After the initial 3-year term of the first Executive Director, the Board of Directors shall select and appoint, without regard to the provisions of the civil service laws applicable to officers and employees of the United States, and after consultation with the Director of the FBI and the president of the University of Arkansas, a successor whose term of office shall be 5 years. (3) Vacancy.--The Board may at any time select and appoint, after consultation with the Director of the FBI and the president of the University of Arkansas, a successor to replace an Executive Director who resigns or otherwise vacates office or whose term of office will expire within 30 days. An Executive Director appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor was selected and appointed shall serve for the remainder of such term. (4) Consecutive terms.--No person shall serve as the Executive Director for more than 2 consecutive terms, excluding the term of the initial Executive Director. (5) Compensation.--The Board shall fix the Executive Director's compensation, benefits, and allowances. (6) Duties.--The Executive Director shall be responsible to the Board of Directors for-- (A) the management and administration of the Center, (B) the conduct of its day-to-day affairs and business, (C) the performance of its officers, agents, and employees, and (D) the establishment of an advisory board to assist the Executive Director with policy issues. (b) Additional Staff.--The Executive Director shall select and nominate for appointment by the Board such other senior officers, assistants, and employees as may be necessary for the transaction of the Center's business and subject to Board concurrence, fix their compensation and define their duties. Officers may be removed by the Executive Director for cause subject to the concurrence of the Board. Assistants and other employees may be removed by the Executive Director without Board concurrence. (c) FBI Staff.--To assist the Center in carrying out its functions and programs, the Director of the FBI may assign, on a full-time basis, not more than 4 FBI personnel to the Center on a nonreimbursable basis. Personnel so assigned will remain employees of the Federal Government for all purposes and will not become employees of the Center for any purpose. (d) Status.--Unless otherwise an employee of the Federal Government, officers and employees of the Center shall not be considered to be employees of the United States for any purpose. SEC. 7. FUNCTIONS. (a) In General.--In cooperation with the FBI, the Center, an educational entity, shall provide for the development of a rural law enforcement educational program through consultation with institutions of higher learning and the Board. The Center shall provide for-- (1) the development and delivery of management education and training, clearinghouse, evaluation, technical assistance, practical research and evaluation, and computer and forensic education and training for and to rural law enforcement agency personnel, including supervisory and executive managers; (2) the delivery of technical assistance, including research and studies into the causes and prevention of criminal activity, to rural law enforcement agencies; (3) equitable education opportunities; (4) the development, promotion, and voluntary adoption of national educational and training standards and accreditation certification programs for rural law enforcement agencies and personnel; (5) the development and dissemination of information designed to assist States and units of local government in small town and rural areas throughout the country; (6) grants to, and contracts with, Federal, State, and local government, units of local rural law enforcement, public and private agencies, educational institutions, organizations and individuals to carry out this subtitle; (7) the establishment and maintenance of a clearinghouse and information center for the collection, preparation, and dissemination of information on criminal justice and rural law enforcement, including programs for the prevention of crime and recidivism; (8) the delivery of assistance, in a consulting capacity, to criminal justice agencies in the development, establishment, maintenance, and coordination of programs, facilities and services, training, and research relating to crime in rural areas; (9) encouragement and assistance to Federal, State, and local government programs and services; (10) the development of technical education and training teams to aid in the development of seminars, workshops, education and training programs within the States and with the State and local agencies that work with small town and rural law enforcement managers; (11) conducting, encouraging, and coordinating research relating to law enforcement and criminal justice issues, including the causes, assessment, evaluation, analysis, and prevention of criminal activity; (12) the formulation and recommendation of rural law enforcement policy, goals, and standards applicable to involved criminal justice agencies, organizations, institutions, and personnel; and (13) the evaluation by institutions of higher learning for the purpose of encouraging programs of study for rural law enforcement. (b) Discretionary Activities.--The Center may-- (1) create an organizational structure with regional representation for the purpose of-- (A) delivering management education and training; (B) conducting research focused on small town and rural law enforcement needs; (C) providing technical assistance; (D) creating a clearinghouse focused on small town and rural law enforcement; (E) conducting evaluations for the benefit of small town and rural law enforcement; (F) providing education and training in forensics; and (G) providing education and training in computers; (2) confer with and request the assistance, services, records, and facilities of State and local governments or other public or private agencies, organizations, and individuals; and (3) procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates of compensation not to exceed the daily equivalent of the rate authorized for members of the Senior Executive Service, ES-6, Level V, as authorized by section 5352 of title 5, United States Code. SEC. 8. METHODS. In carrying out its functions under this section, the Center shall-- (1) utilize consensus building; and (2) work in cooperation with-- (A) small town and rural, non urban law enforcement agencies; (B) agencies of Federal, State, and local governments; and (C) institutions of higher learning, law enforcement associations and other not-for-profit organizations; (3) request and receive from other Federal departments and agencies such statistics, data, program reports, and other materials necessary for the Center to carry out its functions; (4) arrange with and reimburse the heads of other Federal departments and agencies for the use of personnel, facilities, or equipment of such departments and agencies; and (5) use the assistance, services, records, and facilities of State and local governments or other public or private agencies, organizations, and individuals. SEC. 9. DEFINITIONS. For purposes of this Act: (1) The term ``Board'' means the Board of Directors of the National Center for Rural Law Enforcement. (2) The term ``Center'' means the National Center for Rural Law Enforcement. (3) The term ``Executive Director'' means the Executive Director of the National Center for Rural Law Enforcement. (4) The term ``FBI'' means the Federal Bureau of Investigation. (5) The term ``rural area'' means an area with a population of 25,000 or less. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $12,000,000 for fiscal year 1997; and (2) such sums as may be necessary for each of fiscal years 1998 through 2002.
summary: Rural Law Enforcement Assistance Act of 1997 - Authorizes the establishment of the National Center for Rural Law Enforcement as a private, nonprofit corporation for the purpose of assisting rural law enforcement agencies with management education and training, maintaining a clearinghouse, evaluation, technical assistance, research, computer and forensic education and training, and providing other support. Authorizes appropriations.