II 117th CONGRESS 2d Session S. 4749 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.

1. Short title This Act may be cited as the COPS Responsible Administration and Management Act . 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. 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. 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. 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). 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).