I 

108TH CONGRESS 

2D SESSION H. R. 5277

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

and training in our neighborhoods. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 7, 2004

Mr. WEINER (for himself, Mr. KELLER, Mr. STUPAK, Mr. QUINN, Mr. ANDREWS, Mr. PLATTS, Mr. HOLDEN, Mr. ABERCROMBIE, Mr. ACEVEDOVILA ́, Mr. ACKERMAN, Mr. ALLEN, Mr. BACA, Mr. BAIRD, Ms. BALDWIN, 

Mr. BECERRA, Mr. BELL, Ms. BERKLEY, Mr. BERMAN, Mr. BERRY, Mr. 

BISHOP of Georgia, Mr. BISHOP of New York, Mr. BLUMENAUER, Mr. 

BOSWELL, Mr. BOUCHER, Mr. BOYD, Mr. BRADY of Pennsylvania, Ms. 

CORRINE BROWN of Florida, Mr. BROWN of Ohio, Mrs. CAPPS, Mr. 

CAPUANO, Mr. CARDIN, Mr. CARDOZA, Mr. CARSON of Oklahoma, Ms. 

CARSON of Indiana, Mr. CASE, Mr. CHANDLER, Mrs. CHRISTENSEN, Mr. 

CLAY, Mr. CLYBURN, Mr. CONYERS, Mr. COOPER, Mr. COSTELLO, Mr. 

CRAMER, Mr. CROWLEY, Mr. CUMMINGS, Mr. DAVIS of Alabama, Mr. 

DAVIS of Illinois, Mr. DAVIS of Florida, Mr. DAVIS of Tennessee, Mrs. 

DAVIS of California, Mr. DEFAZIO, Ms. DEGETTE, Mr. DELAHUNT, Ms. 

DELAURO, Mr. DEUTSCH, Mr. DICKS, Mr. DINGELL, Mr. DOGGETT, Mr. 

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

ENGEL, Ms. ESHOO, Mr. ETHERIDGE, Mr. EVANS, Mr. FALEOMAVAEGA, 

Mr. FARR, Mr. FATTAH, Mr. FILNER, Mr. FORD, Mr. FRANK of Massachusetts, Mr. FROST, Mr. GEPHARDT, Mr. GONZALEZ, Mr. GORDON, Mr. 

GREEN of Texas, Mr. GRIJALVA, Mr. GUTIERREZ, Ms. HARMAN, Mr. 

HASTINGS of Florida, Ms. HERSETH, Mr. HILL, Mr. HINCHEY, Mr. 

HINOJOSA, 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, Mr. JOHN, Ms. EDDIE BERNICE JOHNSON of Texas, Mrs. JONES of Ohio, Mr. KANJORSKI, Ms. KAPTUR, Mr. KENNEDY of Rhode Island, Mr. KILDEE, Ms. KILPATRICK, Mr. 

KIND, Mr. KLECZKA, Mr. KUCINICH, Mr. LAMPSON, Mr. LANGEVIN, Mr. 

LANTOS, Mr. LARSEN of Washington, Mr. LARSON of Connecticut, Ms. 

LEE, Mr. LEVIN, Mr. LEWIS of Georgia, Mr. LIPINSKI, Mr. LOBIONDO, 

Ms. LOFGREN, Mrs. LOWEY, Mr. LUCAS of Kentucky, Mr. LYNCH, Ms. 

MAJETTE, Mrs. MALONEY, Mr. MARKEY, Mr. MARSHALL, Mr. MATHESON, Mr. MATSUI, Mrs. MCCARTHY of New York, Ms. MCCARTHY of 

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

MCINTYRE, Mr. MCNULTY, Mr. MEEHAN, Mr. MEEK of Florida, Mr. 
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MEEKS of New York, Mr. MENENDEZ, Mr. MICHAUD, Ms. MILLENDERMCDONALD, Mr. MILLER of North Carolina, Mr. GEORGE MILLER of 

California, Mr. MOLLOHAN, Mr. MOORE, Mr. MORAN of Virginia, Mr. 

NADLER, Mrs. NAPOLITANO, Mr. NEAL of Massachusetts, Ms. NORTON, 

Mr. OBERSTAR, Mr. OBEY, Mr. OLVER, Mr. ORTIZ, Mr. OWENS, Mr. 

PALLONE, Mr. PASCRELL, Mr. PASTOR, Mr. PAYNE, Ms. PELOSI, Mr. 

PETERSON of Minnesota, Mr. POMEROY, Mr. PRICE of North Carolina, 

Mr. RAHALL, Mr. RANGEL, Mr. REYES, Mr. RODRIGUEZ, Mr. ROSS, Mr. 

ROTHMAN, Ms. ROYBAL-ALLARD, Mr. RUPPERSBERGER, Mr. RUSH, Mr. 

RYAN of Ohio, Mr. SABO, Ms. LINDA T. SA ́NCHEZ of California, Ms. LORETTA SANCHEZ of California, Mr. SANDERS, Mr. SANDLIN, Mr. 

SAXTON, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. SCOTT of Georgia, Mr. 

SCOTT of Virginia, Mr. SERRANO, Mr. SHAYS, Mr. SHERMAN, Mr. 

SHIMKUS, Mr. SKELTON, Ms. SLAUGHTER, Mr. SMITH of Washington, 

Mr. SNYDER, Ms. SOLIS, Mr. SPRATT, Mr. STARK, Mr. STENHOLM, Mr. 

STRICKLAND, Mr. TANNER, Mrs. TAUSCHER, Mr. TAYLOR of Mississippi, 

Mr. TERRY, Mr. THOMPSON of Mississippi, Mr. THOMPSON of California, 

Mr. TIERNEY, Mr. TOWNS, Mr. TURNER of Texas, Mr. UDALL of Colorado, Mr. UDALL of New Mexico, Mr. VAN HOLLEN, Ms. VELA ́ZQUEZ, 

Mr. VISCLOSKY, Ms. WATERS, Ms. WATSON, Mr. WATT, Mr. WAXMAN, 

Mr. WEXLER, Ms. WOOLSEY, Mr. WU, Mr. WYNN, Mr. MURTHA, and 

Ms. BORDALLO) 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 2004’’ or 

7 ‘‘PROTECTION Act’’. 
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1 SEC. 2. PROVIDING RELIABLE OFFICERS, TECHNOLOGY, 

2 EDUCATION, COMMUNITY PROSECUTORS, 

3 AND TRAINING IN OUR NEIGHBORHOOD INI4 TIATIVE. 

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

6 the Omnibus Crime Control and Safe Streets Act of 1968 

7 (42 U.S.C. 3796dd(a)) is amended by—

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

9 police’’; and 

10 (2) inserting ‘‘to enhance law enforcement ac11 cess to new technologies, and’’ after ‘‘presence,’’. 

12 (b) HIRING AND REDEPLOYMENT GRANT

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

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

15 3796dd(b)) is amended—

16 (1) in paragraph (1)—

17 (A) in subparagraph (B)(i), by inserting 

18 after ‘‘Nation’’ the following: ‘‘, or pay overtime 

19 to existing career law enforcement officers to 

20 the extent that such overtime is devoted to com21 munity policing efforts’’; and 

22 (B) by striking subparagraph (C) and in23 serting the following: 

24 ‘‘(C) promote higher education among in25 service State and local law enforcement officers 

26 by reimbursing them for the costs associated 
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1 with seeking a college or graduate school edu2 cation.’’; and 

3 (2) by amending paragraph (2) to read as fol4 lows: 

5 ‘‘(2) LIMITATION ON GRANTS TO PROMOTE

6 HIGHER EDUCATION.—Grants pursuant to para7 graph (1)(C) may not exceed 5 percent of the funds 

8 available for grants pursuant to this subsection for 

9 any fiscal year.’’. 

10 (c) ADDITIONAL GRANT PROJECTS.—Section 

11 1701(d) of title I of the Omnibus Crime Control and Safe 

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

13 (1) in paragraph (2)—

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

15 after ‘‘specialized’’; and 

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

17 officers’’; 

18 (2) in paragraph (7) by inserting ‘‘school offi19 cials, religiously-affiliated organizations,’’ after ‘‘en20 forcement officers’’; 

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

22 following: 

23 ‘‘(8) establish school-based partnerships be24 tween local law enforcement agencies and local 

25 school systems, by using school resource officers who 
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1 operate in and around elementary and secondary 

2 schools to serve as a law enforcement liaison with 

3 other Federal, State, and local law enforcement and 

4 regulatory agencies, combat school-related crime and 

5 disorder problems, gang membership and criminal 

6 activity, firearms and explosives-related incidents, il7 legal use and possession of alcohol, and the illegal 

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

9 (4) in paragraph (11) by striking ‘‘and’’ at the 

10 end; 

11 (5) in paragraph (12) by striking the period at 

12 the end and inserting ‘‘; and’’; and 

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

14 ‘‘(13) develop and implement innovative pro15 grams (such as the TRIAD program) that bring to16 gether a community’s sheriff, chief of police, and el17 derly residents to address the public safety concerns 

18 of older citizens.’’. 

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

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

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

22 (1) in paragraph (1)—

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

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

25 after ‘‘The Attorney General may’’; and 
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1 (B) by inserting at the end the following: 

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

3 to 5 percent of the funds appropriated under 

4 subsections (d), (e), and (f) for technical assist5 ance and training to States, units of local gov6 ernment, Indian tribal governments, and to 

7 other public and private entities for those re8 spective purposes.’’; 

9 (2) in paragraph (2) by inserting ‘‘under sub10 section (a)’’ after ‘‘the Attorney General’’; and 

11 (3) in paragraph (3)—

12 (A) by striking ‘‘the Attorney General 

13 may’’ and inserting ‘‘the Attorney General 

14 shall’’; 

15 (B) by inserting ‘‘regional community po16 licing institutes’’ after ‘‘operation of’’; and 

17 (C) by inserting ‘‘representatives of police 

18 labor and management organizations, commu19 nity residents,’’ after ‘‘supervisors,’’. 

20 (e) TECHNOLOGY AND PROSECUTION PROGRAMS.—

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

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

23 by—

24 (1) striking subsection (k); 
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1 (2) redesignating subsections (f) through (j) as 

2 subsections (g) through (k); and 

3 (3) striking subsection (e) and inserting the fol4 lowing: 

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

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

7 police departments, in employing professional, scientific, 

8 and technological advancements that will help them—

9 ‘‘(1) improve police communications through 

10 the use of wireless communications, computers, soft11 ware, videocams, databases and other hardware and 

12 software that allow law enforcement agencies to 

13 communicate more effectively across jurisdictional 

14 boundaries and effectuate interoperability; 

15 ‘‘(2) develop and improve access to crime solv16 ing technologies, including DNA analysis, photo en17 hancement, voice recognition, and other forensic ca18 pabilities; 

19 ‘‘(3) promote comprehensive crime analysis by 

20 utilizing new techniques and technologies, such as 

21 crime mapping, that allow law enforcement agencies 

22 to use real-time crime and arrest data and other re23 lated information—including non-criminal justice 

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

25 and respond pro-actively to local crime and disorder 
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1 problems, as well as to engage in regional crime 

2 analysis; and 

3 ‘‘(4) pay overtime to existing career law en4 forcement officers. 

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

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

7 State, local or tribal prosecutors’ offices in the implemen8 tation of community-based prosecution programs that 

9 build on local community policing efforts. Funds made 

10 available under this subsection may be used to—

11 ‘‘(1) hire additional prosecutors who will be as12 signed to community prosecution programs, includ13 ing programs that assign prosecutors to handle cases 

14 from specific geographic areas, to address specific 

15 violent crime and other local crime problems (includ16 ing intensive illegal gang, gun and drug enforcement 

17 projects and quality of life initiatives), and to ad18 dress localized violent and other crime problems 

19 based on needs identified by local law enforcement 

20 agencies, community organizations, and others; 

21 ‘‘(2) redeploy existing prosecutors to community 

22 prosecution programs as described in paragraph (1) 

23 of this section by hiring victim and witness coordina24 tors, paralegals, community outreach, and other 

25 such personnel; 
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1 ‘‘(3) establish programs to assist local prosecu2 tors’ offices in the implementation of programs that 

3 help them identify and respond to priority crime 

4 problems in a community with specifically tailored 

5 solutions; and 

6 ‘‘(4) pay overtime to existing career law en7 forcement officers.’’. 

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

9 subsection shall be reserved for grants under paragraphs 

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

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

12 25 percent of the funds shall be reserved for grants under 

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

14 a population of less than 50,000. 

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

16 the Omnibus Crime Control and Safe Streets Act of 1968 

17 (42 U.S.C. 3796dd–2) is amended by inserting at the end 

18 the following: 

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

20 may use no more than 50 percent of the funds under sub21 section (a) to award grants targeted specifically for reten22 tion of police officers to grantees in good standing, with 

23 preference to those that demonstrate financial hardship or 

24 severe budget constraint that impacts the entire local 
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1 budget and may result in the termination of employment 

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

3 (g) DEFINITIONS.—

4 (1) CAREER LAW ENFORCEMENT OFFICER.—

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

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

7 3796dd–8) is amended by inserting after ‘‘criminal 

8 laws’’ the following: ‘‘, including a sheriff’s deputy 

9 charged with supervising offenders who are released 

10 into the community but also engaged in local com11 munity policing efforts’’. 

12 (2) SCHOOL RESOURCE OFFICER.—Section 

13 1709(4) of title I of the Omnibus Crime Control and 

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

15 amended—

16 (A) by striking subparagraph (A) and in17 serting the following: 

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

19 with other Federal, State, and local law en20 forcement and regulatory agencies, to address 

21 and document crime and disorder problems in22 cluding gangs and drug activities, firearms and 

23 explosives-related incidents, and the illegal use 

24 and possession of alcohol affecting or occurring 
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1 in or around an elementary or secondary 

2 school;’’; 

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

5 ‘‘(E) to train students in conflict resolu6 tion, restorative justice, and crime awareness, 

7 and to provide assistance to and coordinate 

8 with other officers, mental health professionals, 

9 and youth counselors who are responsible for 

10 the implementation of prevention/intervention 

11 programs within the schools;’’; 

12 (C) in subparagraph (F) by striking ‘‘and’’ 

13 at the end; 

14 (D) in subparagraph (G) by striking the 

15 period at the end and inserting a semicolon; 

16 and 

17 (E) by adding at the end the following: 

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

19 members of the local parent teacher associa20 tions, community organizers, law enforcement, 

21 fire departments, and emergency medical per22 sonnel in the creation, review, and implementa23 tion of a school violence prevention plan; 

24 ‘‘(I) to assist in documenting the full de25 scription of all firearms found or taken into 
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1 custody on school property and to initiate a 

2 firearms trace and ballistics examination for 

3 each firearm with the local office of the Bureau 

4 of Alcohol, Tobacco, Firearms, and Explosives; 

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

6 explosives or explosive devices found or taken 

7 into custody on school property and report to 

8 the local office of the Bureau of Alcohol, To9 bacco, Firearms, and Explosives; and 

10 ‘‘(K) to assist school administrators with 

11 the preparation of the Department of Edu12 cation, Annual Report on State Implementation 

13 of the Gun-Free Schools Act which tracks the 

14 number of students expelled per year for bring15 ing a weapon, firearm, or explosive to school.’’. 

16 (h) AUTHORIZATION OF APPROPRIATIONS.—Section 

17 1001(a)(11) of title I of the Omnibus Crime Control and 

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

19 amended—

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

21 follows: 

22 ‘‘(A) There are authorized to be appro23 priated to carry out part Q, to remain available 

24 until expended—
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1 ‘‘(i) $1,150,000,000 for fiscal year 

2 2005; 

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

4 2006; 

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

6 2007; 

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

8 2008; 

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

10 2009; and 

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

12 2010.’’; and 

13 (2) in subparagraph (B)—

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

15 ‘‘5 percent’’; 

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

17 ‘‘1701(g)’’; 

18 (C) by striking the second sentence and in19 serting ‘‘Of the remaining funds, if there is a 

20 demand for 50 percent of appropriated hiring 

21 funds, as determined by eligible hiring applica22 tions from law enforcement agencies having ju23 risdiction over areas with populations exceeding 

24 150,000, no less than 50 percent shall be allo25 cated for grants pursuant to applications sub-
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1 mitted by units of local government or law en2 forcement agencies having jurisdiction over 

3 areas with populations exceeding 150,000 or by 

4 public and private entities that serve areas with 

5 populations exceeding 150,000, and no less 

6 than 50 percent shall be allocated for grants 

7 pursuant to applications submitted by units of 

8 local government or law enforcement agencies 

9 having jurisdiction over areas with populations 

10 less than 150,000 or by public and private enti11 ties that serve areas with populations less than 

12 150,000.’’; 

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

14 ‘‘$600,000,000’’; and 

15 (E) by striking ‘‘1701(b),’’ and all that fol16 lows through ‘‘of part Q’’ and inserting the fol17 lowing: ‘‘1701 (b) and (c), $350,000,000 to 

18 grants for the purposes specified in section 

19 1701(e), and $200,000,000 to grants for the 

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

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