[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5277 Introduced in House (IH)]






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--
            (1) in paragraph (1)--
                    (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--
            (1) in paragraph (2)--
                    (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--
            (1) in paragraph (1)--
                    (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
            (3) in paragraph (3)--
                    (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).''.
    (g) Definitions.--
            (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)''.
                                 <all>