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. ACEVEDO-VILA, 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. MEEKS of New York, Mr. MENENDEZ, Mr. MICHAUD,
Ms. MILLENDER-MCDONALD, 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. SANCHEZ 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. VELAZQUEZ,
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.
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 `Providing Reliable Officers, Technology, Education,
Community Prosecutors, and Training In Our Neighborhoods Act of 2004' or `PROTECTION
Act'.
SEC. 2. PROVIDING RELIABLE OFFICERS, TECHNOLOGY, EDUCATION, COMMUNITY PROSECUTORS,
AND TRAINING IN OUR NEIGHBORHOOD INITIATIVE.
(a) COPS Program- Section 1701(a) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd(a)) is amended by--
(1) inserting `and prosecutor' after `increase police'; and
(2) inserting `to enhance law enforcement access to new technologies, and'
after `presence,'.
(b) Hiring and Redeployment Grant Projects- Section 1701(b) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(b))
is amended--
(A) in subparagraph (B)(i), by inserting after `Nation' the following:
`, or pay overtime to existing career law enforcement officers to the
extent that such overtime is devoted to community policing efforts'; and
(B) by striking subparagraph (C) and inserting the following:
`(C) promote higher education among in-service State and local law enforcement
officers by reimbursing them for the costs associated with seeking a college
or graduate school education.'; and
(2) by amending paragraph (2) to read as follows:
`(2) LIMITATION ON GRANTS TO PROMOTE HIGHER EDUCATION- Grants pursuant to
paragraph (1)(C) may not exceed 5 percent of the funds available for grants
pursuant to this subsection for any fiscal year.'.
(c) Additional Grant Projects- Section 1701(d) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amended--
(A) by inserting `integrity and ethics' after `specialized'; and
(B) by inserting `and' after `enforcement officers';
(2) in paragraph (7) by inserting `school officials, religiously-affiliated
organizations,' after `enforcement officers';
(3) by striking paragraph (8) and inserting the following:
`(8) establish school-based partnerships between local law enforcement agencies
and local school systems, by using school resource officers who operate
in and around elementary and secondary schools to serve as a law enforcement
liaison with other Federal, State, and local law enforcement and regulatory
agencies, combat school-related crime and disorder problems, gang membership
and criminal activity, firearms and explosives-related incidents, illegal
use and possession of alcohol, and the illegal possession, use, and distribution
of drugs;';
(4) in paragraph (11) by striking `and' at the end;
(5) in paragraph (12) by striking the period at the end and inserting `;
and'; and
(6) by adding at the end the following:
`(13) develop and implement innovative programs (such as the TRIAD program)
that bring together a community's sheriff, chief of police, and elderly
residents to address the public safety concerns of older citizens.'.
(d) Technical Assistance- Section 1701(f) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(f)) is amended--
(A) by inserting `use up to 5 percent of the funds appropriated under
subsection (a) to' after `The Attorney General may'; and
(B) by inserting at the end the following: `In addition, the Attorney
General may use up to 5 percent of the funds appropriated under subsections
(d), (e), and (f) for technical assistance and training to States, units
of local government, Indian tribal governments, and to other public and
private entities for those respective purposes.';
(2) in paragraph (2) by inserting `under subsection (a)' after `the Attorney
General'; and
(A) by striking `the Attorney General may' and inserting `the Attorney
General shall';
(B) by inserting `regional community policing institutes' after `operation
of'; and
(C) by inserting `representatives of police labor and management organizations,
community residents,' after `supervisors,'.
(e) Technology and Prosecution Programs- Section 1701 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended by--
(1) striking subsection (k);
(2) redesignating subsections (f) through (j) as subsections (g) through
(k); and
(3) striking subsection (e) and inserting the following:
`(e) Law Enforcement Technology Program- Grants made under subsection (a)
may be used to assist police departments, in employing professional, scientific,
and technological advancements that will help them--
`(1) improve police communications through the use of wireless communications,
computers, software, videocams, databases and other hardware and software
that allow law enforcement agencies to communicate more effectively across
jurisdictional boundaries and effectuate interoperability;
`(2) develop and improve access to crime solving technologies, including
DNA analysis, photo enhancement, voice recognition, and other forensic capabilities;
`(3) promote comprehensive crime analysis by utilizing new techniques and
technologies, such as crime mapping, that allow law enforcement agencies
to use real-time crime and arrest data and other related information--including
non-criminal justice data--to improve their ability to analyze, predict,
and respond pro-actively to local crime and disorder problems, as well as
to engage in regional crime analysis; and
`(4) pay overtime to existing career law enforcement officers.
`(f) Community-Based Prosecution Program- Grants made under subsection (a)
may be used to assist State, local or tribal prosecutors' offices in the implementation
of community-based prosecution programs that build on local community policing
efforts. Funds made available under this subsection may be used to--
`(1) hire additional prosecutors who will be assigned to community prosecution
programs, including programs that assign prosecutors to handle cases from
specific geographic areas, to address specific violent crime and other local
crime problems (including intensive illegal gang, gun and drug enforcement
projects and quality of life initiatives), and to address localized violent
and other crime problems based on needs identified by local law enforcement
agencies, community organizations, and others;
`(2) redeploy existing prosecutors to community prosecution programs as
described in paragraph (1) of this section by hiring victim and witness
coordinators, paralegals, community outreach, and other such personnel;
`(3) establish programs to assist local prosecutors' offices in the implementation
of programs that help them identify and respond to priority crime problems
in a community with specifically tailored solutions; and
`(4) pay overtime to existing career law enforcement officers.'.
At least 75 percent of the funds made available under this subsection shall
be reserved for grants under paragraphs (1) and (2) and of those amounts no
more than 10 percent may be used for grants under paragraph (2) and at least
25 percent of the funds shall be reserved for grants under paragraphs (1)
and (2) to units of local government with a population of less than 50,000.
(f) Retention Grants- Section 1703 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended by inserting
at the end the following:
`(d) Retention Grants- The Attorney General may use no more than 50 percent
of the funds under subsection (a) to award grants targeted specifically for
retention of police officers to grantees in good standing, with preference
to those that demonstrate financial hardship or severe budget constraint that
impacts the entire local budget and may result in the termination of employment
for police officers funded under subsection (b)(1).'.
(1) CAREER LAW ENFORCEMENT OFFICER- Section 1709(1) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8) is amended
by inserting after `criminal laws' the following: `, including a sheriff's
deputy charged with supervising offenders who are released into the community
but also engaged in local community policing efforts'.
(2) SCHOOL RESOURCE OFFICER- Section 1709(4) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8) is amended--
(A) by striking subparagraph (A) and inserting the following:
`(A) to serve as a law enforcement liaison with other Federal, State,
and local law enforcement and regulatory agencies, to address and document
crime and disorder problems including gangs and drug activities, firearms
and explosives-related incidents, and the illegal use and possession of
alcohol affecting or occurring in or around an elementary or secondary
school;';
(B) by striking subparagraph (E) and inserting the following:
`(E) to train students in conflict resolution, restorative justice, and
crime awareness, and to provide assistance to and coordinate with other
officers, mental health professionals, and youth counselors who are responsible
for the implementation of prevention/intervention programs within the
schools;';
(C) in subparagraph (F) by striking `and' at the end;
(D) in subparagraph (G) by striking the period at the end and inserting
a semicolon; and
(E) by adding at the end the following:
`(H) to work with school administrators, members of the local parent teacher
associations, community organizers, law enforcement, fire departments,
and emergency medical personnel in the creation, review, and implementation
of a school violence prevention plan;
`(I) to assist in documenting the full description of all firearms found
or taken into custody on school property and to initiate a firearms trace
and ballistics examination for each firearm with the local office of the
Bureau of Alcohol, Tobacco, Firearms, and Explosives;
`(J) to document the full description of all explosives or explosive devices
found or taken into custody on school property and report to the local
office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and
`(K) to assist school administrators with the preparation of the Department
of Education, Annual Report on State Implementation of the Gun-Free Schools
Act which tracks the number of students expelled per year for bringing
a weapon, firearm, or explosive to school.'.
(h) Authorization of Appropriations- Section 1001(a)(11) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11))
is amended--
(1) by amending subparagraph (A) to read as follows:
`(A) There are authorized to be appropriated to carry out part Q, to remain
available until expended--
`(i) $1,150,000,000 for fiscal year 2005;
`(ii) $1,150,000,000 for fiscal year 2006;
`(iii) $1,150,000,000 for fiscal year 2007;
`(iv) $1,150,000,000 for fiscal year 2008;
`(v) $1,150,000,000 for fiscal year 2009; and
`(vi) $1,150,000,000 for fiscal year 2010.'; and
(2) in subparagraph (B)--
(A) by striking `3 percent' and inserting `5 percent';
(B) by striking `1701(f)' and inserting `1701(g)';
(C) by striking the second sentence and inserting `Of the remaining funds,
if there is a demand for 50 percent of appropriated hiring funds, as determined
by eligible hiring applications from law enforcement agencies having jurisdiction
over areas with populations exceeding 150,000, no less than 50 percent
shall be allocated for grants pursuant to applications submitted by units
of local government or law enforcement agencies having jurisdiction over
areas with populations exceeding 150,000 or by public and private entities
that serve areas with populations exceeding 150,000, and no less than
50 percent shall be allocated for grants pursuant to applications submitted
by units of local government or law enforcement agencies having jurisdiction
over areas with populations less than 150,000 or by public and private
entities that serve areas with populations less than 150,000.';
(D) by striking `85 percent' and inserting `$600,000,000'; and
(E) by striking `1701(b),' and all that follows through `of part Q' and
inserting the following: `1701 (b) and (c), $350,000,000 to grants for
the purposes specified in section 1701(e), and $200,000,000 to grants
for the purposes specified in section 1701(f)'.
END