118 S1530 RS: COPS on the Beat Grant Program Parity Act of 2023
U.S. Senate
2023-06-08
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II
Calendar No. 89
118th CONGRESS
1st Session
S. 1530
IN THE SENATE OF THE UNITED STATES
May 10, 2023
Mr. Graham (for himself, Ms. Klobuchar, Ms. Cortez Masto, Mr. Tillis, Ms. Rosen, Mrs. Blackburn, Mr. Coons, Mr. Cornyn, Mr. Durbin, Mr. Hawley, Mr. Blumenthal, Mr. Grassley, Mr. Booker, and Mr. Welch) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
June 8, 2023
Reported by Mr. Durbin, without amendment
A BILL
To permit COPS grants to be used for the purpose of increasing the compensation and hiring of law enforcement officers, and for other purposes.
1.

Short title
This Act may be cited as the “COPS on the Beat Grant Program Parity Act of 2023”.
2.

Findings; sense of Congress
(a)

Findings
Congress finds the following:
(1)
The President’s Task Force on 21st Century Policing highlighted the importance of hiring law enforcement officers who reflect the diversity and values of the community, and who have both the mindset and the skills needed to engage with the community.
(2)
Diverse workforces can be more effective, creative, and resilient than homogenous workforces, and teams with broader perspectives result in better decision making and problem-solving practices. Recruiting a diverse pool of candidates includes qualified individuals from different races, genders, ethnicities, and cultural backgrounds.
(3)
Effective recruitment practices can help law enforcement agencies engender trust, develop good relations with their communities, and ensure that the officers they hire can best serve those communities. Recruitment efforts should start in the community, and law enforcement agencies should consider developing youth programs to attract younger generations. This could include Explorer programs, internships through local schools, cadet academies, university partnerships, and youth mentorship programs that foster relationships between young adults and departments. Not only do these programs develop enthusiasm for a law enforcement career, but they can also build relationships between law enforcement agencies and the communities they serve.
(b)

Sense of Congress
It is the sense of Congress that the Office of Community Oriented Policing Services (commonly known as the “COPS Office”) of the Department of Justice is uniquely suited to empower local law enforcement agencies to fulfill recommendations related to law enforcement hiring practices, including agencies being reflective of the communities they serve, both demographically and in values and vision, and possessing the mindset and skills needed to engage with the community.
3.

Rural community access to COPS grants
(a)

Uses of grant amounts
Section 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381(b)) is amended—
(1)
by redesignating paragraphs (3) through (23) as paragraphs (4) through (24), respectively;
(2)
by inserting after paragraph (2) the following:
“(3)
in the case of any State or unit of local government that has a median household income of less than 70 percent of the national median household income and qualifies for a reduced contribution under subsection (g)(2), to increase wages of career law enforcement officers to not more than 80 percent of the national median household income;”; and
(3)
in paragraph (23), as redesignated, by striking “through (21)” and inserting “through (22)”.
(b)

Preferential consideration
Section 1701(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381(c)) is amended—
(1)
by striking paragraph (1); and
(2)
by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively.
(c)

Cost share
Section 1701(g) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381(g)) is amended to read as follows:
“(g)

Matching funds
(1)

In general
Except as provided in paragraph (2), the portion of the costs of a program, project, or activity provided by a grant under subsection (a) may not exceed 75 percent, unless the Attorney General waives, wholly or in part, the requirement under this subsection of a non-Federal contribution to the costs of a program, project, or activity. In relation to a grant for a period exceeding 1 year for hiring or rehiring or increasing the compensation of career law enforcement officers, the Federal share shall decrease from year to year for up to 5 years, looking toward the continuation of the increased hiring and compensation level using State or local sources of funding following the conclusion of Federal support, as provided in an approved plan pursuant to section 1702(c)(8).
(2)

Reduced non-Federal contribution
(A)

In general
The portion of the costs of a program, project, or activity provided by a grant under subsection (a), in any State or unit of local government described in subparagraph (B), may not exceed—
(i)
90 percent for the first year of the grant;
(ii)
85 percent for the second year of the grant;
(iii)
80 percent for the third year of the grant; or
(iv)
75 percent for the fourth year of the grant.
(B)

State or unit of local government described
A State or unit of local government described in this subparagraph is any State or unit of local government—
(i)
with a median household income that is not more than 80 percent of the national median household income;
(ii)
that does not provide a single employee with compensation that is more than double the national median household income; and
(iii)
that is a rural State, rural community, or rural area as such terms are defined in section 40002(a) of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12291(a)).”.
(d)

Limitation on hiring and rehiring
Section 1704(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10384(c)) is amended to read as follows:
“(c)

Hiring and compensation cost
(1)

In general
Funding provided under this part for hiring or rehiring a career law enforcement officer may not exceed $75,000, unless the Attorney General grants a waiver from this limitation.
(2)

Reduced contribution
In the case of a jurisdiction that has a median household income of less than 70 percent of the national median household income and qualifies for a reduced contribution under section 1701(g)(2), a career law enforcement officer who is hired or rehired or whose compensation is increased under this part may not receive from any funding provided under this part compensation exceeding 80 percent of the national median household income for work performed as an on-duty law enforcement officer.”.
(e)

Allocation of COPS grant program funds
Section 1001(a)(11)(B) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)(11)(B)) is amended by inserting after the second sentence the following: “If funds remain available for obligation under this subparagraph in a fiscal year after all eligible and qualified grantees have been funded from the 50 percent of funding 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, the remaining funds may be used for grants pursuant to applications submitted by units of local government or law enforcement agencies having jurisdiction over areas with populations 150,000 or less or by public and private entities that serve areas with populations 150,000 or less.”.
(f)

Definitions
Section 1709 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10389) is amended by adding at the end the following:
“(8)
Attorney General means the Attorney General, acting through the Director of the Office of Community Oriented Policing Services.”.
4.

COPS Office
Section 1701(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381(a)) is amended to read as follows:
“(a)

Office of Community Oriented Policing Services
(1)

Establishment of Office
There is within the Department of Justice, under the general authority of the Attorney General, a separate and distinct office to be known as the Office of Community Oriented Policing Services (referred to in this subsection as the “COPS Office”).
(2)

Director
The COPS Office shall be headed by a Director who shall—
(A)
be appointed by the Attorney General; and
(B)
have final authority over grants under this part and any other grants, cooperative agreements, and contracts awarded by the COPS Office.
(3)

Grant authorization
The Attorney General, acting through the Director, shall make grants to States, units of local government, Indian tribal governments, other public and private entities, and multi-jurisdictional or regional consortia for the purposes described in subsection (b).”.
5.

GAO report
(a)

In general
In fiscal year 2027 and fiscal year 2032, the Comptroller General of the United States, after consultation with the Attorney General, shall submit to Congress and make publicly available a report that provides the information described in subsection (b) using a broad cross-section of law enforcement agencies—
(1)
from various regions of the United States;
(2)
of different sizes; and
(3)
from rural, suburban, and urban jurisdictions.
(b)

Information required
The information referred to in subsection (a) is—
(1)
a measure of how representative law enforcement officers are of the communities they serve based on demographics, including, at a minimum, gender and race;
(2)
the percentage of law enforcement officers who live in the jurisdiction in which they are employed;
(3)
a measure of average law enforcement officer pay compared to cost of living in the jurisdiction in which the law enforcement officers are employed; and
(4)
legislative and administrative recommendations for improving—
(A)
the diversity of law enforcement agencies, including officers, specifically in relation to the communities they serve; and
(B)
the number of officers who live in the jurisdiction in which they are employed.
June 8, 2023
Reported without amendment