II

106TH CONGRESS

1ST SESSION S. 1760

To provide reliable officers, technology, education, community prosecutors,

and training in our neighborhoods.

IN THE SENATE OF THE UNITED STATES

OCTOBER 21, 1999

Mr. BIDEN (for himself, Mr. AKAKA, Mr. BAUCUS, Mr. BAYH, Mr. BINGAMAN,

Mrs. BOXER, Mr. BREAUX, Mr. BRYAN, Mr. BYRD, Mr. CLELAND, Ms.

COLLINS, Mr. DASCHLE, Mr. DODD, Mr. DORGAN, Mr. DURBIN, Mr. EDWARDS, Mr. GRAHAM, Mr. HARKIN, Mr. HOLLINGS, Mr. INOUYE, Mr.

JEFFORDS, Mr. JOHNSON, Mr. KENNEDY, Mr. KERREY, Mr. KERRY, Mr.

KOHL, Ms. LANDRIEU, Mr. LAUTENBERG, Mr. LEAHY, Mr. LEVIN, Mr.

LIEBERMAN, Mrs. LINCOLN, Ms. MIKULSKI, Mr. MOYNIHAN, Mrs. MURRAY, Mr. REED, Mr. REID, Mr. ROBB, Mr. ROCKEFELLER, Mr. ROTH,

Mr. SARBANES, Mr. SCHUMER, Mr. SPECTER, Ms. SNOWE, Mr.

TORRICELLI, and Mr. WELLSTONE) introduced the following bill; which

was read twice and referred to the Committee on the Judiciary

A BILL

To provide reliable officers, technology, education, community

prosecutors, and training in our neighborhoods.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Providing Reliable Of5 ficers, Technology, Education, Community Prosecutors,
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1 and Training In Our Neighborhoods Act of 1999’’ or

2 ‘‘PROTECTION Act’’.

3 SEC. 2. PROVIDING RELIABLE OFFICERS, TECHNOLOGY,

4 EDUCATION, COMMUNITY PROSECUTORS,

5 AND TRAINING IN OUR NEIGHBORHOOD INI6 TIATIVE.

7 (a) COPS PROGRAM.—Section 1701(a) of title I of

8 the Omnibus Crime Control and Safe Streets Act of 1968

9 (42 U.S.C. 3796dd(a)) is amended by—

10 (1) inserting ‘‘and prosecutor’’ after ‘‘increase

11 police’’; and

12 (2) inserting ‘‘to enhance law enforcement ac13 cess to new technologies, and’’ after ‘‘presence,’’.

14 (b) HIRING AND REDEPLOYMENT GRANT

15 PROJECTS.—Section 1701(b) of title I of the Omnibus

16 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

17 3796dd(b)) is amended—

18 (1) in paragraph (1)—

19 (A) in subparagraph (B)—

20 (i) by inserting after ‘‘Nation’’ the fol21 lowing: ‘‘, or pay overtime to existing ca22 reer law enforcement officers to the extent

23 that such overtime is devoted to commu24 nity policing efforts’’; and

25 (ii) by striking ‘‘and’’ at the end;
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1 (B) in subparagraph (C), by—

2 (i) striking ‘‘or pay overtime’’; and

3 (ii) striking the period at the end and

4 inserting ‘‘; and’’; and

5 (C) by adding at the end the following:

6 ‘‘(D) promote higher education among in7 service State and local law enforcement officers

8 by reimbursing them for the costs associated

9 with seeking a college or graduate school edu10 cation.’’; and

11 (2) in paragraph (2) by striking all that follows

12 SUPPORT SYSTEMS.—’’ and inserting ‘‘Grants pur13 suant to—

14 ‘‘(A) paragraph (1)(B) for overtime may

15 not exceed 25 percent of the funds available for

16 grants pursuant to this subsection for any fiscal

17 year;

18 ‘‘(B) paragraph (1)(C) may not exceed 20

19 percent of the funds available for grants pursu20 ant to this subsection in any fiscal year; and

21 ‘‘(C) paragraph (1)(D) may not exceed 5

22 percent of the funds available for grants pursu23 ant to this subsection for any fiscal year.’’.
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1 (c) ADDITIONAL GRANT PROJECTS.—Section

2 1701(d) of title I of the Omnibus Crime Control and Safe

3 Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amended—

4 (1) in paragraph (2)—

5 (A) by inserting ‘‘integrity and ethics’’

6 after ‘‘specialized’’; and

7 (B) by inserting ‘‘and’’ after ‘‘enforcement

8 officers’’;

9 (2) in paragraph (7) by inserting ‘‘school offi10 cials, religiously-affiliated organizations,’’ after ‘‘en11 forcement officers’’;

12 (3) by striking paragraph (8) and inserting the

13 following:

14 ‘‘(8) establish school-based partnerships between

15 local law enforcement agencies and local school sys16 tems, by using school resource officers who operate

17 in and around elementary and secondary schools to

18 serve as a law enforcement liaison with other Fed19 eral, State, and local law enforcement and regulatory

20 agencies, combat school-related crime and disorder

21 problems, gang membership and criminal activity,

22 firearms and explosives-related incidents, illegal use

23 and possession of alcohol, and the illegal possession,

24 use, and distribution of drugs;’’;
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1 (4) in paragraph (10) by striking ‘‘and’’ at the

2 end;

3 (5) in paragraph (11) by striking the period

4 that appears at the end and inserting ‘‘; and’’; and

5 (6) by adding at the end the following:

6 ‘‘(12) develop and implement innovative pro7 grams (such as the TRIAD program) that bring to8 gether a community’s sheriff, chief of police, and el9 derly residents to address the public safety concerns

10 of older citizens.’’.

11 (d) TECHNICAL ASSISTANCE.—Section 1701(f) of

12 title I of the Omnibus Crime Control and Safe Streets Act

13 of 1968 (42 U.S.C. 3796dd(f)) is amended—

14 (1) in paragraph (1)—

15 (A) by inserting ‘‘use up to 5 percent of

16 the funds appropriated under subsection (a) to’’

17 after ‘‘The Attorney General may’’;

18 (B) by inserting at the end the following:

19 ‘‘In addition, the Attorney General may use up

20 to 5 percent of the funds appropriated under

21 subsections (d), (e), and (f) for technical assist22 ance and training to States, units of local gov23 ernment, Indian tribal governments, and to

24 other public and private entities for those re25 spective purposes.’’;
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1 (2) in paragraph (2) by inserting ‘‘under sub2 section (a)’’ after ‘‘the Attorney General’’; and

3 (3) in paragraph (3)—

4 (A) by striking ‘‘the Attorney General

5 may’’ and inserting ‘‘the Attorney General

6 shall’’;

7 (B) by inserting ‘‘regional community po8 licing institutes’’ after ‘‘operation of’’; and

9 (C) by inserting ‘‘representatives of police

10 labor and management organizations, commu11 nity residents,’’ after ‘‘supervisors,’’.

12 (e) TECHNOLOGY AND PROSECUTION PROGRAMS.—

13 Section 1701 of title I of the Omnibus Crime Control and

14 Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended

15 by—

16 (1) striking subsection (k);

17 (2) redesignating subsections (f) through (j) as

18 subsections (g) through (k); and

19 (3) striking subsection (e) and inserting the fol20 lowing:

21 ‘‘(e) LAW ENFORCEMENT TECHNOLOGY PROGRAM.—

22 Grants made under subsection (a) may be used to assist

23 police departments, in employing professional, scientific,

24 and technological advancements that will help them—
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1 ‘‘(1) improve police communications through

2 the use of wireless communications, computers, soft3 ware, videocams, databases and other hardware and

4 software that allow law enforcement agencies to

5 communicate more effectively across jurisdictional

6 boundaries and effectuate interoperability;

7 ‘‘(2) develop and improve access to crime solv8 ing technologies, including DNA analysis, photo en9 hancement, voice recognition, and other forensic ca10 pabilities; and

11 ‘‘(3) promote comprehensive crime analysis by

12 utilizing new techniques and technologies, such as

13 crime mapping, that allow law enforcement agencies

14 to use real-time crime and arrest data and other re15 lated information—including non-criminal justice

16 data—to improve their ability to analyze, predict,

17 and respond pro-actively to local crime and disorder

18 problems, as well as to engage in regional crime

19 analysis.

20 ‘‘(f) COMMUNITY-BASED PROSECUTION PROGRAM.—

21 Grants made under subsection (a) may be used to assist

22 State, local or tribal prosecutors’ offices in the implemen23 tation of community-based prosecution programs that

24 build on local community policing efforts. Funds made

25 available under this subsection may be used to—
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1 ‘‘(1) hire additional prosecutors who will be as2 signed to community prosecution programs, includ3 ing programs that assign prosecutors to handle cases

4 from specific geographic areas, to address specific

5 violent crime and other local crime problems (includ6 ing intensive illegal gang, gun and drug enforcement

7 projects and quality of life initiatives), and to ad8 dress localized violent and other crime problems

9 based on needs identified by local law enforcement

10 agencies, community organizations, and others;

11 ‘‘(2) redeploy existing prosecutors to community

12 prosecution programs as described in paragraph (1)

13 of this section by hiring victim and witness coordina14 tors, paralegals, community outreach, and other

15 such personnel; and

16 ‘‘(3) establish programs to assist local prosecu17 tors’ offices in the implementation of programs that

18 help them identify and respond to priority crime

19 problems in a community with specifically tailored

20 solutions.

21 At least 75 percent of the funds made available under

22 this subsection shall be reserved for grants under para23 graphs (1) and (2) and of those amounts no more than

24 10 percent may be used for grants under paragraph (2)

25 and at least 25 percent of the funds shall be reserved for
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1 grants under paragraphs (1) and (2) to units of local gov2 ernment with a population of less than 50,000.’’.

3 (f) RETENTION GRANTS.—Section 1703 of title I of

4 the Omnibus Crime Control and Safe Streets Act of 1968

5 (42 U.S.C. 3796dd–2) is amended by inserting at the end

6 the following:

7 ‘‘(d) RETENTION GRANTS.—The Attorney General

8 may use no more than 50 percent of the funds under sub9 section (a) to award grants targeted specifically for reten10 tion of police officers to grantees in good standing, with

11 preference to those that demonstrate financial hardship or

12 severe budget constraint that impacts the entire local

13 budget and may result in the termination of employment

14 for police officers funded under subsection (b)(1).’’.

15 (g) DEFINITIONS.—

16 (1) CAREER LAW ENFORCEMENT OFFICER.—

17 Section 1709(1) of title I of the Omnibus Crime

18 Control and Safe Streets Act of 1968 (42 U.S.C.

19 3796dd–8) is amended by inserting after ‘‘criminal

20 laws’’ the following: ‘‘including sheriffs deputies

21 charged with supervising offenders who are released

22 into the community but also engaged in local com23 munity policing efforts.’’.

24 (2) SCHOOL RESOURCE OFFICER.—Section

25 1709(4) of title I of the Omnibus Crime Control and
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1 Safe Streets Act of 1968 (42 U.S.C. 3796dd–8) is

2 amended—

3 (A) by striking subparagraph (A) and in4 serting the following:

5 ‘‘(A) to serve as a law enforcement liaison with

6 other Federal, State, and local law enforcement

7 and regulatory agencies, to address and docu8 ment crime and disorder problems including

9 gangs and drug activities, firearms and explo10 sives-related incidents, and the illegal use and

11 possession of alcohol affecting or occurring in

12 or around an elementary or secondary school;

13 (B) by striking subparagraph (E) and in14 serting the following:

15 ‘‘(E) to train students in conflict resolution, re16 storative justice, and crime awareness, and to

17 provide assistance to and coordinate with other

18 officers, mental health professionals, and youth

19 counselors who are responsible for the imple20 mentation of prevention/intervention programs

21 within the schools;’’; and

22 (C) by adding at the end the following:

23 ‘‘(H) to work with school administrators,

24 members of the local parent teacher associa25 tions, community organizers, law enforcement,
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1 fire departments, and emergency medical per2 sonnel in the creation, review, and implementa3 tion of a school violence prevention plan;

4 ‘‘(I) to assist in documenting the full de5 scription of all firearms found or taken into

6 custody on school property and to initiate a

7 firearms trace and ballistics examination for

8 each firearm with the local office of the Bureau

9 of Alcohol, Tobacco, and Firearms;

10 ‘‘(J) to document the full description of all

11 explosives or explosive devices found or taken

12 into custody on school property and report to

13 the local office of the Bureau of Alcohol, To14 bacco, and Firearms; and

15 ‘‘(K) to assist school administrators with

16 the preparation of the Department of Edu17 cation, Annual Report on State Implementation

18 of the Gun-Free Schools Act which tracks the

19 number of students expelled per year for bring20 ing a weapon, firearm, or explosive to school.’’.

21 (h) AUTHORIZATION OF APPROPRIATIONS.—Section

22 1001(a)(11) of title I of the Omnibus Crime Control and

23 Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is

24 amended—
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1 (1) by amending subparagraph (A) to read as

2 follows:

3 ‘‘(A) There are authorized to be appro4 priated to carry out part Q, to remain available

5 until expended—

6 ‘‘(i) $1,150,000,000 for fiscal year

7 2000;

8 ‘‘(ii) $1,150,000,000 for fiscal year

9 2001;

10 ‘‘(iii) $1,150,000,000 for fiscal year

11 2002;

12 ‘‘(iv) $1,150,000,000 for fiscal year

13 2003;

14 ‘‘(v) $1,150,000,000 for fiscal year

15 2004; and

16 ‘‘(vi) $1,150,000,000 for fiscal year

17 2005.’’; and

18 (2) in subparagraph (B)—

19 (A) by striking ‘‘3 percent’’ and inserting

20 ‘‘5 percent’’;

21 (B) by striking ‘‘1701(f)’’ and inserting

22 ‘‘1701(g)’’;

23 (C) by striking the second sentence and in24 serting ‘‘Of the remaining funds, if there is a

25 demand for 50 percent of appropriated hiring
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1 funds, as determined by eligible hiring applica2 tions from law enforcement agencies having ju3 risdiction over areas with populations exceeding

4 150,000, no less than 50 percent shall be allo5 cated for grants pursuant to applications sub6 mitted by units of local government or law en7 forcement agencies having jurisdiction over

8 areas with populations exceeding 150,000 or by

9 public and private entities that serve areas with

10 populations exceeding 150,000, and no less

11 than 50 percent shall be allocated for grants

12 pursuant to applications submitted by units of

13 local government or law enforcement agencies

14 having jurisdiction over areas with populations

15 less than 150,000 or by public and private enti16 ties that serve areas with populations less than

17 150,000.’’;

18 (D) by striking ‘‘85 percent’’ and inserting

19 ‘‘$600,000,000’’; and

20 (E) by striking ‘‘1701(b),’’ and all that fol21 lows through ‘‘of part Q’’ and inserting the fol22 lowing: ‘‘1701 (b) and (c), $350,000,000 to

23 grants for the purposes specified in section
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1 1701(e), and $200,000,000 to grants for the

2 purposes specified in section 1701(f).’’.

Æ