I

107TH CONGRESS

1ST SESSION H. R. 2009

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

and training in our neighborhoods.

IN THE HOUSE OF REPRESENTATIVES

MAY 24, 2001

Mr. WEINER (for himself, Mr. ABERCROMBIE, Mr. ACKERMAN, Mr. ALLEN,

Mr. BALDACCI, Ms. BALDWIN, Mr. BARRETT of Wisconsin, Ms. BERKLEY, Mr. BERMAN, Mr. BERRY, Mr. BLAGOJEVICH, Mr. BONIOR, Mr.

BORSKI, Mr. BRADY of Pennsylvania, Mr. BOUCHER, Ms. BROWN of

Florida, Mr. BROWN of Ohio, Mrs. CAPPS, Mr. CAPUANO, Mr. CARDIN,

Mr. CARSON of Oklahoma, Ms. CARSON of Indiana, Mrs. CHRISTENSEN,

Mrs. CLAYTON, Mr. CLEMENT, Mr. CONYERS, Mr. COSTELLO, Mr.

COYNE, Mr. CRAMER, Mr. CROWLEY, Mr. DAVIS of Illinois, Mr. DAVIS

of Florida, Mrs. DAVIS of California, Ms. DEGETTE, Mr. DEFAZIO, Mr.

DELAHUNT, Ms. DELAURO, Mr. DEUTSCH, Mr. DICKS, Mr. DINGELL,

Mr. DOGGETT, Mr. DOOLEY of California, Mr. DOYLE, Mr. EDWARDS,

Mr. ENGEL, Ms. ESHOO, Mr. ETHERIDGE, Mr. EVANS, Mr. FARR of California, Mr. FILNER, Mr. FRANK, Mr. FROST, Mr. GEPHARDT, Mr. GONZALEZ, Mr. GORDON, Mr. GREEN of Texas, Mr. HALL of Ohio, Ms. HARMAN, Mr. HASTINGS of Florida, Mr. HINCHEY, Mr. HOEFFEL, Mr.

HOLT, Mr. HONDA, Ms. HOOLEY of Oregon, Mr. HOYER, Mr. INSLEE,

Mr. ISRAEL, Mr. JACKSON of Illinois, Ms. JACKSON-LEE of Texas, Mr.

JEFFERSON, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. JOHN, Mrs.

JONES of Ohio, Mr. KANJORSKI, Ms. KAPTUR, Mr. KELLER, Mr. KENNEDY of Rhode Island, Mr. KLECZKA, Mr. KUCINICH, Mr. LAFALCE, Mr.

LANGEVIN, Mr. LARSEN of Washington, Mr. LARSON of Connecticut, Mr.

LEACH, Ms. LEE, Mr. LEWIS of Georgia, Ms. LOFGREN, Mrs. LOWEY,

Mrs. MALONEY of New York, Mr. MALONEY of Connecticut, Mr. MATHESON, Mr. MATSUI, Mrs. MCCARTHY of New York, Ms. MCCARTHY of

Missouri, Ms. MCCOLLUM, Mr. MCDERMOTT, Mr. MCGOVERN, Mr.

MCINTYRE, Ms. MCKINNEY, Mr. MCNULTY, Mr. MEEHAN, Mr. MEEKS

of New York, Mr. MENENDEZ, Ms. MILLENDER-MCDONALD, Mr.

GEORGE MILLER of California, Mrs. MINK of Hawaii, Mr. MOAKLEY, Mr.

MOORE, Mr. MORAN of Virginia, Mr. MURTHA, Mr. NADLER, Ms. NORTON, Mr. OLVER, Mr. PALLONE, Mr. PASCRELL, Mr. PASTOR, Ms.

PELOSI, Mr. PETERSON of Minnesota, Mr. POMEROY, Mr. QUINN, Mr.

RAHALL, Mr. REYES, Ms. RIVERS, Mr. RODRIGUEZ, Mr. ROSS, Mr.

ROTHMAN, Ms. ROYBAL-ALLARD, Ms. SANCHEZ, Mr. SANDERS, Mr.
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SANDLIN, Mr. SAWYER, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. SCHROCK,

Mr. SCOTT, Mr. SERRANO, Mr. SHERMAN, Ms. SLAUGHTER, Ms. SOLIS,

Mr. SPRATT, Mr. STUPAK, Mrs. TAUSCHER, Mr. TIERNEY, Mr. THOMPSON of Mississippi, Mrs. THURMAN, Mr. THOMPSON of California, Mr.

TOWNS, Mr. TURNER, Mr. UDALL of New Mexico, Mr. VISCLOSKY, Mr.

WEXLER, and Mr. WYNN) introduced the following bill; which was 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,

6 and Training In Our Neighborhoods Act of 2001’’ or

7 ‘‘PROTECTION Act’’.

8 SEC. 2. PROVIDING RELIABLE OFFICERS, TECHNOLOGY,

9 EDUCATION, COMMUNITY PROSECUTORS,

10 AND TRAINING IN OUR NEIGHBORHOOD INI11 TIATIVE.

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

13 the Omnibus Crime Control and Safe Streets Act of 1968

14 (42 U.S.C. 3796dd(a)) is amended by—

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

16 police’’; and
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1 (2) inserting ‘‘to enhance law enforcement ac2 cess to new technologies, and’’ after ‘‘presence,’’.

3 (b) HIRING AND REDEPLOYMENT GRANT

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

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

6 3796dd(b)) is amended—

7 (1) in paragraph (1)—

8 (A) in subparagraph (B)—

9 (i) by inserting after ‘‘Nation’’ the fol10 lowing: ‘‘, or pay overtime to existing ca11 reer law enforcement officers to the extent

12 that such overtime is devoted to commu13 nity policing efforts’’; and

14 (ii) by striking ‘‘and’’ at the end;

15 (B) in subparagraph (C), by—

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

17 (ii) striking the period at the end and

18 inserting ‘‘; and’’; and

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

20 ‘‘(D) promote higher education among in21 service State and local law enforcement officers

22 by reimbursing them for the costs associated

23 with seeking a college or graduate school edu24 cation.’’; and
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1 (2) in paragraph (2) by striking all that follows

2 ‘‘SUPPORT SYSTEMS.—’’ and inserting ‘‘Grants pur3 suant to—

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

5 not exceed 25 percent of the funds available for

6 grants pursuant to this subsection for any fiscal

7 year;

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

9 percent of the funds available for grants pursu10 ant to this subsection in any fiscal year; and

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

12 percent of the funds available for grants pursu13 ant to this subsection for any fiscal year.’’.

14 (c) ADDITIONAL GRANT PROJECTS.—Section

15 1701(d) of title I of the Omnibus Crime Control and Safe

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

17 (1) in paragraph (2)—

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

19 after ‘‘specialized’’; and

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

21 officers’’;

22 (2) in paragraph (7) by inserting ‘‘school offi23 cials, religiously-affiliated organizations,’’ after ‘‘en24 forcement officers’’;
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1 (3) by striking paragraph (8) and inserting the

2 following:

3 ‘‘(8) establish school-based partnerships be4 tween local law enforcement agencies and local

5 school systems, by using school resource officers who

6 operate in and around elementary and secondary

7 schools to serve as a law enforcement liaison with

8 other Federal, State, and local law enforcement and

9 regulatory agencies, combat school-related crime and

10 disorder problems, gang membership and criminal

11 activity, firearms and explosives-related incidents, il12 legal use and possession of alcohol, and the illegal

13 possession, use, and distribution of drugs;’’;

14 (4) in paragraph (10) by striking ‘‘and’’ at the

15 end;

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

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

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

19 ‘‘(12) develop and implement innovative pro20 grams (such as the TRIAD program) that bring to21 gether a community’s sheriff, chief of police, and el22 derly residents to address the public safety concerns

23 of older citizens.’’.
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1 (d) TECHNICAL ASSISTANCE.—Section 1701(f) of

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

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

4 (1) in paragraph (1)—

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

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

7 after ‘‘The Attorney General may’’;

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

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

10 to 5 percent of the funds appropriated under

11 subsections (d), (e), and (f) for technical assist12 ance and training to States, units of local gov13 ernment, Indian tribal governments, and to

14 other public and private entities for those re15 spective purposes.’’;

16 (2) in paragraph (2) by inserting ‘‘under sub17 section (a)’’ after ‘‘the Attorney General’’; and

18 (3) in paragraph (3)—

19 (A) by striking ‘‘the Attorney General

20 may’’ and inserting ‘‘the Attorney General

21 shall’’;

22 (B) by inserting ‘‘regional community po23 licing institutes’’ after ‘‘operation of’’; and
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1 (C) by inserting ‘‘representatives of police

2 labor and management organizations, commu3 nity residents,’’ after ‘‘supervisors,’’.

4 (e) TECHNOLOGY AND PROSECUTION PROGRAMS.—

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

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

7 by—

8 (1) striking subsection (k);

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

10 subsections (g) through (k); and

11 (3) striking subsection (e) and inserting the fol12 lowing:

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

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

15 police departments, in employing professional, scientific,

16 and technological advancements that will help them—

17 ‘‘(1) improve police communications through

18 the use of wireless communications, computers, soft19 ware, videocams, databases and other hardware and

20 software that allow law enforcement agencies to

21 communicate more effectively across jurisdictional

22 boundaries and effectuate interoperability;

23 ‘‘(2) develop and improve access to crime solv24 ing technologies, including DNA analysis, photo en-
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1 hancement, voice recognition, and other forensic ca2 pabilities; and

3 ‘‘(3) promote comprehensive crime analysis by

4 utilizing new techniques and technologies, such as

5 crime mapping, that allow law enforcement agencies

6 to use real-time crime and arrest data and other re7 lated information—including non-criminal justice

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

9 and respond pro-actively to local crime and disorder

10 problems, as well as to engage in regional crime

11 analysis.

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

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

14 State, local or tribal prosecutors’ offices in the implemen15 tation of community-based prosecution programs that

16 build on local community policing efforts. Funds made

17 available under this subsection may be used to—

18 ‘‘(1) hire additional prosecutors who will be as19 signed to community prosecution programs, includ20 ing programs that assign prosecutors to handle cases

21 from specific geographic areas, to address specific

22 violent crime and other local crime problems (includ23 ing intensive illegal gang, gun and drug enforcement

24 projects and quality of life initiatives), and to ad25 dress localized violent and other crime problems
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1 based on needs identified by local law enforcement

2 agencies, community organizations, and others;

3 ‘‘(2) redeploy existing prosecutors to community

4 prosecution programs as described in paragraph (1)

5 of this section by hiring victim and witness coordina6 tors, paralegals, community outreach, and other

7 such personnel; and

8 ‘‘(3) establish programs to assist local prosecu9 tors’ offices in the implementation of programs that

10 help them identify and respond to priority crime

11 problems in a community with specifically tailored

12 solutions.

13 At least 75 percent of the funds made available under this

14 subsection shall be reserved for grants under paragraphs

15 (1) and (2) and of those amounts no more than 10 percent

16 may be used for grants under paragraph (2) and at least

17 25 percent of the funds shall be reserved for grants under

18 paragraphs (1) and (2) to units of local government with

19 a population of less than 50,000.’’.

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

21 the Omnibus Crime Control and Safe Streets Act of 1968

22 (42 U.S.C. 3796dd–2) is amended by inserting at the end

23 the following:

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

25 may use no more than 50 percent of the funds under sub-
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1 section (a) to award grants targeted specifically for reten2 tion of police officers to grantees in good standing, with

3 preference to those that demonstrate financial hardship or

4 severe budget constraint that impacts the entire local

5 budget and may result in the termination of employment

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

7 (g) DEFINITIONS.—

8 (1) CAREER LAW ENFORCEMENT OFFICER.—

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

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

11 3796dd–8) is amended by inserting after ‘‘criminal

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

13 charged with supervising offenders who are released

14 into the community but also engaged in local com15 munity policing efforts.’’.

16 (2) SCHOOL RESOURCE OFFICER.—Section

17 1709(4) of title I of the Omnibus Crime Control and

18 Safe Streets Act of 1968 (42 U.S.C. 3796dd–8) is

19 amended—

20 (A) by striking subparagraph (A) and in21 serting the following:

22 ‘‘(A) to serve as a law enforcement liaison

23 with other Federal, State, and local law en24 forcement and regulatory agencies, to address

25 and document crime and disorder problems in-
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1 cluding gangs and drug activities, firearms and

2 explosives-related incidents, and the illegal use

3 and possession of alcohol affecting or occurring

4 in or around an elementary or secondary

5 school;’’;

6 (B) by striking subparagraph (E) and in7 serting the following:

8 ‘‘(E) to train students in conflict resolu9 tion, restorative justice, and crime awareness,

10 and to provide assistance to and coordinate

11 with other officers, mental health professionals,

12 and youth counselors who are responsible for

13 the implementation of prevention/intervention

14 programs within the schools;’’; and

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

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

17 members of the local parent teacher associa18 tions, community organizers, law enforcement,

19 fire departments, and emergency medical per20 sonnel in the creation, review, and implementa21 tion of a school violence prevention plan;

22 ‘‘(I) to assist in documenting the full de23 scription of all firearms found or taken into

24 custody on school property and to initiate a

25 firearms trace and ballistics examination for
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1 each firearm with the local office of the Bureau

2 of Alcohol, Tobacco, and Firearms;

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

4 explosives or explosive devices found or taken

5 into custody on school property and report to

6 the local office of the Bureau of Alcohol, To7 bacco, and Firearms; and

8 ‘‘(K) to assist school administrators with

9 the preparation of the Department of Edu10 cation, Annual Report on State Implementation

11 of the Gun-Free Schools Act which tracks the

12 number of students expelled per year for bring13 ing a weapon, firearm, or explosive to school.’’.

14 (h) AUTHORIZATION OF APPROPRIATIONS.—Section

15 1001(a)(11) of title I of the Omnibus Crime Control and

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

17 amended—

18 (1) by amending subparagraph (A) to read as

19 follows:

20 ‘‘(A) There are authorized to be appro21 priated to carry out part Q, to remain available

22 until expended—

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

24 2002;
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1 ‘‘(ii) $1,150,000,000 for fiscal year

2 2003;

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

4 2004;

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

6 2005;

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

8 2006; and

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

10 2007.’’; and

11 (2) in subparagraph (B)—

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

13 ‘‘5 percent’’;

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

15 ‘‘1701(g)’’;

16 (C) by striking the second sentence and in17 serting ‘‘Of the remaining funds, if there is a

18 demand for 50 percent of appropriated hiring

19 funds, as determined by eligible hiring applica20 tions from law enforcement agencies having ju21 risdiction over areas with populations exceeding

22 150,000, no less than 50 percent shall be allo23 cated for grants pursuant to applications sub24 mitted by units of local government or law en25 forcement agencies having jurisdiction over
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1 areas with populations exceeding 150,000 or by

2 public and private entities that serve areas with

3 populations exceeding 150,000, and no less

4 than 50 percent shall be allocated for grants

5 pursuant to applications submitted by units of

6 local government or law enforcement agencies

7 having jurisdiction over areas with populations

8 less than 150,000 or by public and private enti9 ties that serve areas with populations less than

10 150,000.’’;

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

12 ‘‘$600,000,000’’; and

13 (E) by striking ‘‘1701(b),’’ and all that fol14 lows through ‘‘of part Q’’ and inserting the fol15 lowing: ‘‘1701 (b) and (c), $350,000,000 to

16 grants for the purposes specified in section

17 1701(e), and $200,000,000 to grants for the

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

Æ