[Congressional Record Volume 145, Number 144 (Thursday, October 21, 1999)]
[Senate]
[Pages S13013-S13016]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN (for himself, Mr. Akaka, Mr. Baucus, Mr. Bayh, Mr. 
        Bingaman, Mrs. Boxer, Mr. Breaux, Mr. Bryan, Mr. Byrd, Mr. 
        Cleland, Ms. Collins, Mr. Daschle, Mr. Dodd, Mr. Dorgan, Mr. 
        Durbin, Mr. Edwards, Mr. Graham, Mr. Harkin, Mr. Hollings, Mr. 
        Inouye, Mr. Jeffords, Mr. Johnson, Mr. Kennedy, Mr. Kerrey, Mr. 
        Kerry, Mr. Kohl, Ms. Landrieu, Mr. Lautenberg, Mr. Leahy, Mr. 
        Levin, Mr. Lieberman, Mrs. Lincoln, Ms. Mikulski, Mr. Moynihan, 
        Mrs. Murray, Mr. Reed, Mr. Reid, Mr. Robb, Mr. Rockefeller, Mr. 
        Roth, Mr. Sarbanes, Mr. Schumer, Mr. Specter, Ms. Snowe, Mr. 
        Torricelli, and Mr. Wellstone):
  S. 1760. A bill to provide reliable officers, technology, education, 
community prosecutors, and training in our neighborhoods; to the 
Committee on the Judiciary.


   Protection Act of 1999 or Providing Reliable Officer, Technology, 
   Education, Community Prosecutors and Training in our Neighborhoods

  Mr. BIDEN. Mr. President, when we passed the 1994 crime bill and 
created the COPS Program, there were some skeptics. There were people 
who thought community policing was nothing more than social work and 
that the program would not work.
  Do you remember what I said to the skeptics? I told them that either 
this program was going to work and we would be geniuses or that it 
would flop and we would be run out of town. There is an old saying that 
success has a thousand fathers but failure is an orphan. Now, there are 
a thousand people all claiming to be the parent of this program simply 
because it has worked so darn well.
  In 1994, we set a goal of funding 100,000 police officers by the year 
2000. We met that goal last May--months ahead of schedule. As of today, 
there have been 103,000 officers funded and 55,000 officers deployed to 
the streets. The COPS Programs is ahead of schedule and under budget.
  Because of COPS, the concept of community policing has become law 
enforcement's principal weapon fighting crime. Community policing has 
redefined the relationship between law enforcement and the public. But, 
more importantly, it has reduced crime. And that is what we attempted 
to do.
  All across the country, from Wilmington to Washington--from 
Connecticut to California, we are seeing a dramatic decline in crime. 
Just this week, the FBI released its annual crime statistics which 
showed that once again, for the seventh year in a row, crime is down. 
In fact, since 1994, violent crime is down 17.6 percent. And just last 
year, violent crime was down 6.4 percent nationwide from the year 
before. But, we can't let that slow us down.
  And that's why I'm here today. I am proud of our accomplishments, but 
we cannot become complacent. We have a unique opportunity here. Some 
people say if crime down, why put more cops on the streets? Well it's 
simple math: more cops equals less crime. If we know one thing it is 
this: if a crime is going to be committed and there is a cop on one 
street corner and not one the other, guess where the crime is going to 
be committed? Not where the cop is, I would guess.
  Maybe someday we will reach the point where crime is so low that we 
don't have to take pro-active steps any longer. But, we are not there 
yet. Our children and our parents are still at great risk out there and 
it should not be that way. Nor does it have to be that way. And why 
more cops on the street, it won't be that way.
  That is why today, I introduced a bill to continue this program for 
the next 5 years. It's called ``PROTECTION''--``Providing reliable 
officers, technology, education, community prosecutors and training in 
our neighborhoods.'' This bill will put up to 50,000 more officers on 
the street.
  It will also allow police officers to be reimbursed for college or 
graduate school, because we all know that overcoming crime problems 
requires something more than just more cops. It requires cops who 
understand the importance of prevention and community relations. The 
legislation also provides funding for new technology so that law 
enforcement can purchase high-tech equipment to put them on equal 
footing with sophisticated criminals. And it provides for funding for 
community prosecutors--to expand the community policing concept to 
engage the whole law enforcement community in fighting crime. It has 
all the things that law enforcement told me that they needed to do 
their jobs.
  I am proud to say that this legislation has the support of all the 
major law enforcement organizations and that 49 of my colleagues have 
told me that they support this legislation. Forty-five of them will 
join me today in cosponsoring this legislation--including 5 
Republicans. I want to recognize my friends on the other side of the 
aisle and thank them for listening to their constituents, their mayors 
and their police chiefs who said: We can not do this without your help.
  I hope that even more will join us today. I ask the rest of my 
colleagues--there are 50 more of you--will you be with us on this? Will 
you listen to everyone who is asking for help? Will you listen to your 
police chiefs and your mayors? Will you stand up and be counted among 
those who say enough is enough--and I'm going to do something about 
crime? I'm going to put more police officers on the street. I'm going 
to support the most effective law enforcement program of our time.

[[Page S13014]]

  I hope that we can put politics aside on this one and all join forces 
to support the folks who do so much for us each and every day. The 
people who put their safety on the line so that we may be more secure. 
It is then, that I will know that we have all put our Nation's interest 
first.
  I ask unanimous consent that the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1760

       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 1999'' 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
       (ii) by striking ``and'' at the end;
       (B) in subparagraph (C), by--
       (i) striking ``or pay overtime''; and
       (ii) striking the period at the end and inserting ``; 
     and''; and
       (C) by adding at the end the following:
       ``(D) 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) in paragraph (2) by striking all that follows Support 
     Systems.--'' and inserting ``Grants pursuant to--
       ``(A) paragraph (1)(B) for overtime may not exceed 25 
     percent of the funds available for grants pursuant to this 
     subsection for any fiscal year;
       ``(B) paragraph (1)(C) may not exceed 20 percent of the 
     funds available for grants pursuant to this subsection in any 
     fiscal year; and
       ``(C) paragraph (1)(D) 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 (10) by striking ``and'' at the end;
       (5) in paragraph (11) by striking the period that appears 
     at the end and inserting ``; and''; and
       (6) by adding at the end the following:
       ``(12) 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'';
       (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; and
       ``(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.
       ``(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; and
       ``(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.
       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 sheriffs 
     deputies 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

[[Page S13015]]

     the implementation of prevention/intervention programs within 
     the schools;''; and
       (C) 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, and Firearms;
       ``(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, and Firearms; 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 2000;
       ``(ii) $1,150,000,000 for fiscal year 2001;
       ``(iii) $1,150,000,000 for fiscal year 2002;
       ``(iv) $1,150,000,000 for fiscal year 2003;
       ``(v) $1,150,000,000 for fiscal year 2004; and
       ``(vi) $1,150,000,000 for fiscal year 2005.''; 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).''.

 Mr. EDWARDS. Mr. President, I rise today in support of the 
21st Century Community Policing Initiative Act. I am proud to be an 
original co-sponsor of this legislation, introduced by Senators Biden 
and Schumer, that I believe is crucial to our efforts to fight crime.
  This important bill would re-authorize the successful Community 
Oriented Policing Services (COPS) program through the year 2005. 
Because of the COPS program, there are over 100,000 more police 
officers on the beat than there were before this program was 
implemented in 1994. This represents a nearly 20 percent increase in 
police presence nationwide.
  By extending the COPS program, the 21st Century Community Policing 
Initiative Act will help put up to 50,000 more police on the streets 
over the next five years. It will also provide $350 million a year in 
grants to law enforcement agencies to assist them in acquiring new 
technology to enhance crime fighting efforts. This means better 
communications systems so cops in different jurisdictions can talk to 
each other; state of the art investigative tools like DNA analysis; and 
the means to target crime hot spots.
  This legislation would also provide $200 million per year in grants 
for community-wide prosecutors. This aspect of the bill would expand 
the community policing concept to engage the whole community in 
preventing and fighting crime. The cops have been so successful in 
their jobs that the next step is to provide more prosecutors to help 
get criminals off the streets.
  Mr. President, one of the best ways to fight crime is to have more 
well-trained police officers on our streets and in our schools, and to 
provide them with the latest equipment and technology. The COPS program 
has helped achieve these goals, and has in turn helped to make our 
communities safer places for our children, families, and businesses.
  The COPS program has been a tremendous asset to my state of North 
Carolina. As of October 20th, the COPS program had provided North 
Carolina with grants of over $135 million. From Alexander Mills to 
Zebulon, North Carolina communities have received COPS funding to help 
law enforcement agencies hire an additional 2,602 police officers to 
patrol neighborhoods and protect our schools.
  In August, I met with police officers and sheriffs from across North 
Carolina to learn more about how the COPS program is helping to keep 
local communities safe. I heard from law enforcement officers from the 
larger cities such as Raleigh and Charlotte. I also spoke with officers 
from smaller, rural areas like North Wilkesboro and Randolph County. 
The one clear message that I got from all of these officers is that the 
COPS program is working and should be continued.

  Mr. President, crime rates in big cities are generally higher than 
they are in smaller towns. An increased police presence can help deter 
crime in these urban areas. However, officers I met with from less 
populated regions of North Carolina emphasized to me that even one more 
cop can make a world of difference to a community that lacks its own 
resources to hire more police officers. In these situations, the COPS 
program can step in and provide these communities with the additional 
help they need.
  One of the most interesting and persuasive arguments to renew the 
COPS program was also one that I heard during these conversations with 
North Carolina police officers. They told me that when people think of 
the COPS program, they immediately think of more officers policing the 
streets. However, one of the most important roles that the COPS program 
has played is to provide funds for law enforcement agencies to work in 
partnership with education officials to solve problems of crime in and 
around schools.
  Officers are not just placed in the schools to instill discipline. 
They act as counselors, coaches and mentors for children. And they are 
reaching out to students by offering safe after-school activities. 
North Carolina officers told me that these efforts are some of the best 
kinds of crime prevention measures that we can take.
  By connecting with at-risk youth, these school-based officers have 
become trusted adult authority figures that kids will run to in times 
of trouble, instead of running away from them.
  Many police chiefs and sheriffs credit community policing and COPS 
support with dramatic drops in crime rates around the nation. Since the 
inception of the COPS program, violent crime in North Carolina is down 
7% and aggravated assault has fallen by 8%. According to a report 
issued by the State Bureau of Investigation, the state's murder rate 
fell 3% from 1997 to 1998. And, the country's crime rate is at its 
lowest in 25 years.
  These statistics are encouraging, but now is not the time to 
eliminate a program that has substantially contributed to declining 
crime rates. We still have a long way to go to insuring that people are 
walking crime-free streets and children are attending crime-free 
schools.
  Continuation of the COPS program is one significant way that we can 
continue to make progress towards these goals.
  Mr. President, during debate on the juvenile crime bill, Senator 
Biden offered an amendment that would have re-authorized the COPS 
program through 2005. I voted for this amendment which was endorsed by 
many law enforcement organizations including the National Fraternal 
Order of Police and the International Association of Chiefs of Police. 
Unfortunately, the amendment failed by the slimmest of margins (48-50). 
However, I am confident that upon reconsideration of the question 
whether it is necessary to renew the COPS program, my colleagues will 
realize how effective and valuable the program has been, not only to 
their individual states, but to the nation as a whole.
  I want to thank Senators Biden and Schumer for their efforts to re-
authorize the COPS program and I urge all of

[[Page S13016]]

my colleagues to support the 21st Century Community Policing Initiative 
Act.
                                 ______