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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4749 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
                                S. 4749

  To improve grants administered by the Office of Community Oriented 
               Policing Services, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2022

  Mr. Booker introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To improve grants administered by the Office of Community Oriented 
               Policing Services, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``COPS Responsible Administration and 
Management Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Office of Community Oriented Policing Services 
        (referred to in this section as the ``COPS Office'') was 
        established within the Department of Justice pursuant to the 
        Violent Crime Control and Law Enforcement Act of 1994 (Public 
        Law 103-322; 108 Stat. 1796) in order to provide grant funding 
        to law enforcement agencies to improve policing and add 100,000 
        police officers to law enforcement agencies across the United 
        States.
            (2) Since 1994, the COPS Office has distributed more than 
        $14,000,000,000 to more than 13,000 State, local, and Tribal 
        law enforcement agencies to fund the hiring and redeployment of 
        more than 135,000 law enforcement officers under the program 
        established under part Q of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (34 U.S.C. 10381 et seq.) 
        (referred to in this section as the ``COPS program'').
            (3) For fiscal year 2022, Congress appropriated 
        $246,000,000 for the COPS Hiring Program under section 
        1701(b)(2) of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (34 U.S.C. 10381(b)(2)) (referred to in 
        this section as the ``CHP'').
            (4) The total amounts appropriated for the COPS programs 
        has steadily increased over the last several years from 
        $222,000,000 for fiscal year 2017 to $512,000,000 for fiscal 
        year 2022, adding to the administrative of responsibilities and 
        workload of the COPS Office.
            (5) For fiscal years 2021 and 2022, in addition to 
        continued funding for the CHP, COPS Office grants were awarded 
        for a wide variety of purposes for law enforcement agencies to 
        improve public safety and implement best practices.
            (6) In authorizing COPS program funding at increasing 
        levels each year, Congress is obligated to monitor how these 
        Federal dollars are invested and that funds are spent as 
        effectively as possible to carry out the goals of the COPS 
        program.
            (7) As the COPS program has expanded to provide increased 
        funding for public safety, the critical need to dedicate 
        resources to administering this program, overseeing its 
        implementation, and tracking its efficacy becomes more 
        pressing. Law enforcement agencies will likely need more 
        resources to comply with accountability requirements as 
        additional law enforcement officers are hired and training 
        programs are made more robust.
            (8) The Federal Government should be investing in evidence-
        based, proven training strategies that will make the 
        communities of the United States safer. Yet, many training 
        techniques have not been sufficiently studied or do not 
        empirically reduce use of force incidents.
            (9) When local law enforcement agencies receive Federal 
        funding, they must comply with civil rights laws.
            (10) It is the duty of Congress to--
                    (A) ensure the accountability of recipients of 
                Federal funds;
                    (B) manage taxpayer dollars in a responsible and 
                efficient manner; and
                    (C) prevent Federal dollars from supporting 
                policing, or any other practices, that violate the 
                civil and constitutional rights the people of the 
                United States.
            (11) It is the duty of Congress to ensure that Federal 
        funds are invested in effective law enforcement training 
        techniques and technologies that--
                    (A) reduce negative or dangerous encounters between 
                communities and police, including use of force 
                incidents;
                    (B) increase the diversion to mental health and 
                other social service of calls for service; and
                    (C) improve public safety.
            (12) The COPS Office does not evaluate its programs or 
        grant awards to ensure investments in activities that--
                    (A) improve police relationships with communities; 
                and
                    (B) reduce negative or dangerous interactions 
                between law enforcement officers and the public, 
                including use of force incidents.
            (13) Congress must act to remedy this lack of oversight and 
        ensure that--
                    (A) the COPS program is operating in an effective 
                way; and
                    (B) funds are invested in activities that promote 
                and enhance public safety and respect the dignity and 
                rights of all people.
            (14) To ensure the efficient administration and responsible 
        management of the COPS program, Congress must provide the 
        Department of Justice sufficient resources to achieve these 
        goals.
            (15) Accountability and transparency in law enforcement and 
        all other government activities are essential to a healthy 
        democracy and a functional system of public safety. Providing 
        the Department of Justice and law enforcement agencies with the 
        resources to implement, monitor, and optimize policing 
        strategies will improve both community safety and public trust 
        in law enforcement.

SEC. 3. EVALUATION OF THE ADMINISTRATION OF THE COPS OFFICE GRANT 
              PROGRAM.

    Not later than 1 year after the date of enactment of this Act, the 
Director of the Office of Management and Budget shall--
            (1) conduct a review of the grant program established under 
        section 1701 of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (34 U.S.C. 10381), including a review of 
        grants used for the purpose described in subsection (b)(2) of 
        that section, to assess--
                    (A) the efficiency of the administration of the 
                program, including the processes for developing and 
                drafting solicitations, reviewing grant applications, 
                and choosing grant recipients; and
                    (B) the oversight of grant awards, including--
                            (i) audits of grant awards;
                            (ii) a verification that funds are used for 
                        the approved program activities;
                            (iii) reporting requirements and analysis 
                        of information reported by grant recipients;
                            (iv) evaluation of the outcomes and impacts 
                        of the grant program across demographic 
                        categories; and
                            (v) other performance metrics use to assess 
                        the effectiveness of program activities in 
                        achieving the stated goals of--
                                    (I) improving community 
                                relationships; and
                                    (II) the reduction of negative or 
                                dangerous interactions between law 
                                enforcement officers and the public, 
                                including use of force incidents;
            (2) conduct a review of all Federal grant programs to 
        identify duplicative grants; and
            (3) submit to the Attorney General, the Committee on the 
        Judiciary of the Senate, and the Committee on the Judiciary of 
        the House of Representatives a report that--
                    (A) summarizes the findings of the reviews 
                performed under paragraph (1) and (2);
                    (B) makes recommendations to enhance the 
                administration, oversight, transparency and management 
                of the grant program described in paragraph (1); and
                    (C) identifies duplicative grants and makes 
                recommendations for the consolidation or 
                discontinuation of grant programs where possible.

SEC. 4. EFFECTIVENESS OF GRANTS.

    (a) Evaluation Plan.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, Director of the Office of Management and 
        Budget, in consultation with appropriate experts and 
        stakeholders, shall develop a plan for the Office of Community 
        Oriented Policing Services to evaluate the effectiveness of 
        grants awarded under section 1701 of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) in 
        achieving--
                    (A) the goals and objectives of improving public 
                safety through a reduction in negative or dangerous 
                interactions between law enforcement officers and the 
                public, including use of force incidents; and
                    (B) compliance with Federal law.
            (2) Contents.--The plan developed under paragraph (1) 
        shall--
                    (A) establish--
                            (i) implementable reporting requirements 
                        for the purpose of assessing grant-funded 
                        activities;
                            (ii) performance metrics that--
                                    (I) promote compliance with civil 
                                and human rights law and principles;
                                    (II) reduce negative or dangerous 
                                interactions between law enforcement 
                                officers and the public, including use 
                                of force incidents; and
                                    (III) measure the impact of grant 
                                activities on communities across 
                                demographic categories;
                            (iii) the role of components of the Federal 
                        Government other than the Office of Community 
                        Oriented Policing Services in assisting in the 
                        oversight of those grants, including the Office 
                        of Management and Budget, the Office of the 
                        Inspector General of the Department of Justice, 
                        the Bureau of Justice Statistics, the Bureau of 
                        Justice Assistance, and the National Institute 
                        of Justice; and
                            (iv) the process for the continued support 
                        of promising practices through the development 
                        and testing of innovative strategies;
                    (B) build knowledge about effective practices and 
                outcomes;
                    (C) support new, creative approaches to preventing 
                crime and promoting safe communities;
                    (D) include a plan for the discontinuation of 
                grant-funded activities that are in violation of the 
                laws described in section 5(1) or other civil rights 
                laws;
                    (E) include a description of the resources 
                necessary for the Department of Justice and the Office 
                of Community Oriented Policing Services to implement 
                the plan.
    (b) Implementation of Evaluation Plan.--Not later than 180 days 
after the date of completion of the plan required under subsection 
(a)(1), the Attorney General, in consultation with the Director of the 
Office of Management and Budget, the Inspector General of the 
Department of Justice, the Director of the Bureau of Justice 
Statistics, the Director of the Bureau of Justice Assistance, and the 
Director of the National Institute of Justice, shall implement the 
plan.
    (c) Funding.--There are authorized to be appropriated to the 
Director of the Office of Community Oriented Policing Services to carry 
out subsection (b) $10,000,000 for each of fiscal years 2023 through 
2028.

SEC. 5. CIVIL RIGHTS COMPLIANCE.

    Not later than 1 year after the date of enactment of this Act, and 
annually thereafter, the Attorney General, in coordination with the 
Director of the Office of Justice Programs, the Director of the Office 
of Community Oriented Policing Services, and the Director of the Office 
on Violence Against Women, shall--
            (1) conduct a review of the implementation and 
        administrative enforcement by the Department of Justice of 
        title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 
        seq.) and section 809(c)(1) of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (34 U.S.C. 10228(c)(1)) in 
        connection with Federal financial assistance the Department of 
        Justice provides under any grant program;
            (2) implement a formal review process to ensure that 
        recipients of grants under section 1701 of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
        10381) are in compliance with civil rights laws;
            (3) establish a system for verifying that an applicant for 
        grants administered by the Department of Justice demonstrate 
        compliance with civil rights laws before the date on which the 
        applicant receives any funds from such a grant;
            (4) suspend the award of any grant administered by the 
        Department of Justice to a law enforcement agency that does not 
        cooperate with a civil rights compliance review or 
        investigation conducted by the Attorney General, including an 
        investigation conducted pursuant to section 210401 of the 
        Violent Crime Control and Law Enforcement Act of 1994 (34 
        U.S.C. 12601), by rejecting document requests, restricting 
        access to information or data, or otherwise obstructing the 
        review or investigation, until the law enforcement agency--
                     (A) cooperates with the review or investigation; 
                or
                    (B) otherwise demonstrates compliance with the laws 
                described in paragraph (1); and
            (5) submit to the Committee on the Judiciary of the Senate 
        and the Committee on the Judiciary of the House of 
        Representatives a report summarizing the findings of the review 
        conducted under paragraph (1).

SEC. 6. IMPROVING THE COPS GRANT PROGRAM.

    (a) Use-of-Force Data Grants.--Not later than 1 year after the date 
of enactment of this Act, the Attorney General shall--
            (1) establish a grant program within the Office of 
        Community Oriented Policing Services to provide grants to law 
        enforcement agencies of States, units of local government, or 
        Tribal governments to pay for the costs associated with 
        participation in the National Use-of-Force Data Collection of 
        the Federal Bureau of Investigation; and
            (2) through the Bureau of Justice Assistance, develop and 
        provide technical assistance to law enforcement agencies of 
        State, units of local government, or Tribal governments for 
        participation in the National Use-of-Force Data Collection of 
        the Federal Bureau of Investigation.
    (b) Uniformity in Policing Policies.--
            (1) In general.--Subject to paragraph (2), the law 
        enforcement agency of a State, unit of local of government, or 
        Tribal government that applies for a grant under section 1701 
        of title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (34 U.S.C. 10381) shall certify in the application for the 
        grant that the law enforcement agency has in place a chokehold 
        policy and a no-knock entry policy consistent with--
                    (A) Executive Order 14074 (87 Fed. Reg. 32945; 
                relating to accountable policing and criminal justice 
                practices); and
                    (B) the policy contained in the memorandum issued 
                by the Department of Justice on September 13, 2021 
                entitled ``Chokeholds & carotid restraints; knock and 
                announce requirement''.
            (2) More stringent rules.--The law enforcement agency of a 
        State, unit of local government, or Tribal law enforcement that 
        applies for a grant under section 1701 of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
        10381) may certify in the application for the grant that the 
        law enforcement agency has in place a policy that--
                    (A) is more stringent than a policy described in 
                paragraph (1);
                    (B) entirely bans the use of chokeholds or carotid 
                restraints; or
                    (C) entirely bans the use of no-knock entries.
    (c) Preferential Consideration.--In awarding grants under section 
1701 of title I of the Omnibus Crime Control and Safe Streets Act of 
1968 (34 U.S.C. 10381), the Attorney General shall give preferential 
consideration to applicants that--
            (1) participate in the National Use-of-Force Data 
        Collection of the Federal Bureau of Investigation; or
            (2) have implemented a policy described in subparagraph (B) 
        or (C) of subsection (b)(2).
    (d) Funding.--There are authorized to be appropriated to the 
Director of the Office of Community Oriented Policing Services 
$20,000,000 for each of fiscal years 2023 through 2028 to increase 
staff, hire analysts, establish data collection and review systems, and 
establish the grant program under subsection (a)(1).
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