[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4276 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4276

       To promote rural safety and improve rural law enforcement.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 2004

    Mr. Carson of Oklahoma introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
   Committee on Energy and Commerce, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
       To promote rural safety and improve rural law enforcement.

    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 ``Rural Safety and Law Enforcement 
Improvement Act''.

      TITLE I--SMALL COMMUNITY LAW ENFORCEMENT IMPROVEMENT GRANTS

SEC. 101. SMALL COMMUNITY GRANT PROGRAM.

    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 adding at the 
end the following:
    ``(d) Retention Grants.--
            ``(1) In general.--The Attorney General may make grants to 
        units of local government and tribal governments located 
        outside a Standard Metropolitan Statistical Area, which grants 
        shall be targeted specifically for the retention for 1 
        additional year of police officers funded through the COPS 
        Universal Hiring Program, the COPS FAST Program, the Tribal 
        Resources Grant Program-Hiring, or the COPS in Schools Program.
            ``(2) Preference.--In making grants under this subsection, 
        the Attorney General shall give preference to grantees 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 described in 
        paragraph (1).
            ``(3) Limit on grant amounts.--The total amount of a grant 
        made under this subsection shall not exceed 20 percent of the 
        original grant to the grantee.
            ``(4) Authorization of appropriations.--
                    ``(A) In general.--There are authorized to be 
                appropriated to carry out this subsection $15,000,000 
                for each of fiscal years 2005 through 2009.
                    ``(B) Set-aside.--Of the amount made available for 
                grants under this subsection for each fiscal year, 10 
                percent shall be awarded to tribal governments.''.

SEC. 102. SMALL COMMUNITY TECHNOLOGY GRANT PROGRAM.

    Section 1701 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796dd) is amended by striking 
subsection (k) and inserting the following:
    ``(k) Law Enforcement Technology Program.--
            ``(1) In general.--Grants under subsection (a)(1)(C) may be 
        made and used in accordance with this subsection to assist the 
        police departments of units of local government and tribal 
        governments located outside a Standard Metropolitan Statistical 
        Area in employing professional, scientific, and technological 
        advancements that will help those police departments to--
                    ``(A) 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 and 
                operate more effectively; and
                    ``(B) develop and improve access to crime solving 
                technologies, including DNA analysis, photo 
                enhancement, voice recognition, and other forensic 
                capabilities.
            ``(2) Cost share requirement.--A recipient of a grant made 
        and used in accordance with this subsection shall provide 
        matching funds from non-Federal sources in an amount equal to 
        not less than 10 percent of the total amount of the grant made 
        under this subsection, subject to a waiver by the Attorney 
        General for extreme hardship.
            ``(3) Administration.--The office of the Department of 
        Justice responsible for administering subsection (a)(1)(C) 
        shall administer the grant program under this subsection.
            ``(4) No supplanting.--Federal funds provided under this 
        subsection shall be used to supplement and not to supplant 
        local funds allocated to technology.
            ``(5) Authorization of appropriations.--
                    ``(A) In general.--There are authorized to be 
                appropriated $40,000,000 for each of fiscal years 2005 
                through 2009 to carry out this subsection.
                    ``(B) Set-aside.--Of the amount made available for 
                grants under this subsection for each fiscal year, 10 
                percent shall be awarded to tribal governments.''.

SEC. 103. RURAL 9-1-1 SERVICE.

    (a) Purpose.--The purpose of this section is to provide access to, 
and improve a communications infrastructure that will ensure a reliable 
and seamless communication between, law enforcement, fire, and 
emergency medical service providers in units of local government and 
tribal governments located outside a Standard Metropolitan Statistical 
Area and in States.
    (b) Authority to Make Grants.--The Office of Justice Programs of 
the Department of Justice shall make grants, in accordance with such 
regulations as the Attorney General may prescribe, to units of local 
government and tribal governments located outside a Standard 
Metropolitan Statistical Area for the purpose of establishing or 
improving 9-1-1 service in those communities. Priority in making grants 
under this section shall be given to communities that do not have 9-1-1 
service.
    (c) Definition.--In this section, the term ``9-1-1 service'' refers 
to telephone service that has designated 9-1-1 as a universal emergency 
telephone number in the community served for reporting an emergency to 
appropriate authorities and requesting assistance.
    (d) Limit on Grant Amount.--The total amount of a grant made under 
this section shall not exceed $250,000.
    (e) Funding.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section $25,000,000 for fiscal year 2005, to 
        remain available until expended.
            (2) Set-aside.--Of the amount made available for grants 
        under this section, 10 percent shall be awarded to tribal 
        governments.

               TITLE II--CRACKING DOWN ON METHAMPHETAMINE

SEC. 201. METHAMPHETAMINE TREATMENT PROGRAMS IN RURAL AREAS.

    Subpart I of part B of title V of the Public Health Service Act (42 
U.S.C. 290bb et seq.) is amended by inserting after section 509 the 
following:

``SEC. 510A. METHAMPHETAMINE TREATMENT PROGRAMS IN RURAL AREAS.

    ``(a) In General.--The Secretary, acting through the Director of 
the Center for Substance Abuse Treatment, shall make grants to 
community-based public and nonprofit private entities for the 
establishment of substance abuse (particularly methamphetamine) 
prevention and treatment pilot programs in units of local government 
and tribal governments located outside a Standard Metropolitan 
Statistical Area.
    ``(b) Administration.--Grants made in accordance with this section 
shall be administered by a single State agency designated by a State to 
ensure a coordinated effort within that State.
    ``(c) Application.--To be eligible to receive a grant under 
subsection (a), a public or nonprofit private entity shall prepare and 
submit to the Secretary an application at such time, in such manner, 
and containing such information as the Secretary may require.
    ``(d) Use of Funds.--A recipient of a grant under this section 
shall use amounts received under the grant to establish a 
methamphetamine abuse prevention and treatment pilot program that 
serves one or more rural areas. Such a pilot program shall--
            ``(1) have the ability to care for individuals on an in-
        patient basis;
            ``(2) have a social detoxification capability, with direct 
        access to medical services within 50 miles;
            ``(3) provide neuro-cognitive skill development services to 
        address brain damage caused by methamphetamine use;
            ``(4) provide after-care services, whether as a single-
        source provider or in conjunction with community-based services 
        designed to continue neuro-cognitive skill development to 
        address brain damage caused by methamphetamine use;
            ``(5) provide appropriate training for the staff employed 
        in the program; and
            ``(6) use scientifically-based best practices in substance 
        abuse treatment, particularly in methamphetamine treatment.
    ``(e) Amount of Grants.--The amount of a grant under this section 
shall be at least $19,000 but not greater than $100,000.
    ``(f) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        $2,000,000 to carry out this section.
            ``(2) Set-aside.--Of the amount made available for grants 
        under this section, 10 percent shall be awarded to tribal 
        governments to ensure the provision of services under this 
        section.''.

SEC. 202. METHAMPHETAMINE PREVENTION EDUCATION.

    Section 519E of the Public Health Service Act (42 U.S.C. 290bb-25e) 
is amended--
            (1) in subsection (c)(1)--
                    (A) in subparagraph (F), by striking ``and'' at the 
                end;
                    (B) in subparagraph (G), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(H) to fund programs that educate rural 
                communities, particularly parents, teachers, and others 
                who work with youth, concerning the early signs and 
                effects of methamphetamine use, however, as a 
                prerequisite to receiving funding, these programs 
                shall--
                            ``(i) prioritize methamphetamine prevention 
                        and education;
                            ``(ii) have past experience in community 
                        coalition building and be part of an existing 
                        coalition that includes medical and public 
                        health officials, educators, youth-serving 
                        community organizations, and members of law 
                        enforcement;
                            ``(iii) utilize professional prevention 
                        staff to develop research and science based 
                        prevention strategies for the community to be 
                        served;
                            ``(iv) demonstrate the ability to operate a 
                        community-based methamphetamine prevention and 
                        education program;
                            ``(v) establish prevalence of use through a 
                        community needs assessment;
                            ``(vi) establish goals and objectives based 
                        on a needs assessment; and
                            ``(vii) demonstrate measurable outcomes on 
                        a yearly basis.'';
            (2) in subsection (e)--
                    (A) by striking ``subsection (a), $10,000,000'' and 
                inserting ``subsection (a)--
            ``(1) $10,000,000'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
            ``(2) $5,000,000 for each of fiscal years 2005 through 2009 
        to carry out the programs referred to in subsection 
        (c)(1)(H).''; and
            (3) by adding at the end the following:
    ``(f) Set-Aside.--Of the amount made available for grants under 
this section, 10 percent shall be used to assist tribal governments.
    ``(g) Amount of Grants.--The amount of a grant under this section, 
with respect to each rural community involved, shall be at least 
$19,000 but not greater than $100,000.''.

SEC. 203. METHAMPHETAMINE CLEANUP.

    (a) In General.--The Attorney General shall, through the Department 
of Justice or through grants to States or units of local government and 
tribal governments located outside a Standard Metropolitan Statistical 
Area, in accordance with such regulations as the Attorney General may 
prescribe, provide for--
            (1) the cleanup of methamphetamine laboratories and related 
        hazardous waste in units of local government and tribal 
        governments located outside a Standard Metropolitan Statistical 
        Area; and
            (2) the improvement of contract-related response time for 
        cleanup of methamphetamine laboratories and related hazardous 
        waste in units of local government and tribal governments 
        located outside a Standard Metropolitan Statistical Area by 
        providing additional contract personnel, equipment, and 
        facilities.
    (b) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated 
        $20,000,000 for fiscal year 2005 to carry out this section.
            (2) Funding additional.--Amounts authorized by this section 
        are in addition to amounts otherwise authorized by law.
            (3) Set-aside.--Of the amount made available for grants 
        under this section, 10 percent shall be awarded to tribal 
        governments.

SEC. 204. PAYMENT FOR CLEANUP OF FORMER METHAMPHETAMINE LABORATORIES 
              USING DEPARTMENT OF THE TREASURY FORFEITURE FUND.

    (a) In General.--Chapter 97 of title 31, United States Code, is 
amended-
            (1) by redesignating section 9703 (as added by Public Law 
        103-62) as section 9703A;
            (2) by transferring section 9703 (as added by Public Law 
        102-393) so as to appear after section 9702;
            (3) by amending section 9703 (as so transferred) in 
        subsection (a)(1) by adding at the end the following:
            ``(K) Payment for the costs of experts and consultants 
        needed to clean up an area formerly used as a methamphetamine 
        laboratory, subject to the following:
                    ``(i) If the area is located on public property, 
                payment for such costs shall be made to the designated 
                State, local, or tribal law enforcement, environmental, 
                or health entity.
                    ``(ii) If the area is located on private property, 
                payment under this subparagraph may not be made for 
                more than 90 percent of such costs, and may be made 
                only if the property owner--
                            ``(I) did not, before law enforcement 
                        action to close the laboratory, have actual 
                        knowledge that the laboratory was located on 
                        the property; or
                            ``(II) notified an appropriate law 
                        enforcement agency about the laboratory not 
                        later than 24 hours after gaining actual 
                        knowledge that the laboratory was located on 
                        the property.''; and
            (4) in the table of contents at the beginning of such 
        chapter--
                    (A) by redesignating the item relating to section 
                9703 (as added by Public Law 103-62) as section 9703A; 
                and
                    (B) by transferring the item relating to section 
                9703 (as added by Public Law 102-393) so as to appear 
                after the item relating to section 9702.
    (b) Conforming Amendments.--The following provisions are each 
amended by striking ``9703'' and inserting ``9703A'':
            (1) Sections 1115(f), 1116(d)(4), 1118(c)(3), 1119(d)(4), 
        and 9704(b) of title 31, United States Code.
            (2) Section 11315(c)(3) of title 40, United States Code.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS RELATING TO COPS GRANTS.

    (a) In General.--In addition to any other funds authorized to be 
appropriated for fiscal year 2005 for grants under part Q of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796dd et seq.), known as the COPS program, there is authorized to be 
appropriated $20,000,000 for such purpose to provide training to State 
and local prosecutors and law enforcement agents for prosecution of 
methamphetamine offenses.
    (b) Rural Set-Aside.--Of amounts made available pursuant to 
subsection (a), $5,000,000 shall be available only for prosecutors and 
law enforcement agents for rural communities.
    (c) DEA Reimbursement.--Of amounts made available pursuant to 
subsection (a), $2,000,000 shall be available only to reimburse the 
Drug Enforcement Administration for existing training expenses.

SEC. 206. EXPANSION OF METHAMPHETAMINE HOT SPOTS PROGRAM TO INCLUDE 
              PERSONNEL AND EQUIPMENT FOR ENFORCEMENT, PROSECUTION, AND 
              ENVIRONMENTAL CLEANUP.

    Section 1701(d) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796dd(d)) is amended--
            (1) in paragraph (10) by striking ``and'' at the end;
            (2) in paragraph (11) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(12) hire personnel and purchase equipment for areas 
        located outside a Standard Metropolitan Statistical Area to 
        assist in the enforcement and prosecution of methamphetamine 
        offenses and the environmental cleanup of methamphetamine-
        affected areas.''.

                  TITLE III--LAW ENFORCEMENT TRAINING

SEC. 301. SMALL TOWN AND RURAL TRAINING PROGRAM.

    (a) In General.--There is established a Rural Policing Institute, 
which shall be administered by the National Center for State and Local 
Law Enforcement Training of the Federal Law Enforcement Training Center 
(FLETC) as part of the Small Town and Rural Training (STAR) Program 
to--
            (1) assess the needs of law enforcement in units of local 
        government and tribal governments located outside a Standard 
        Metropolitan Statistical Area;
            (2) develop and deliver export training programs regarding 
        topics such as drug enforcement, airborne counterdrug 
        operations, domestic violence, hate and bias crimes, computer 
        crimes, law enforcement critical incident planning related to 
        school shootings, and other topics identified in the training 
        needs assessment to law enforcement officers in units of local 
        government and tribal governments located outside a Standard 
        Metropolitan Statistical Area; and
            (3) conduct outreach efforts to ensure that training 
        programs under the Rural Policing Institute reach law 
        enforcement officers in units of local government and tribal 
        governments located outside a Standard Metropolitan Statistical 
        Area.
    (b) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        $10,000,000 for fiscal year 2005, and $5,000,000 for each of 
        fiscal years 2006 through 2009, to carry out this section, 
        including contracts, staff, and equipment.
            (2) Set-aside.--Of the amount made available for grants 
        under this section for each fiscal year, 10 percent shall be 
        awarded to tribal governments.
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