[Congressional Record Volume 147, Number 71 (Tuesday, May 22, 2001)]
[Senate]
[Pages S5441-S5444]
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. Byrd, Ms. Cantwell, Mrs.
Carnahan, Mr. Carper, Mr. Cleland, Mrs. Clinton, Ms. Collins,
Mr. Corzine, Mr. Daschle, Mr. Dayton, Mr. Dodd, Mr. Dorgan, Mr.
Durbin, Mr. Edwards, Mrs. Feinstein, Mr. Graham, Mr. Harkin,
Mr. Hollings, Mr. Inouye, Mr. Jeffords, Mr. Johnson, Mr.
Kennedy, Mr. Kerry, Mr. Kohl, Ms. Landrieu, Mr. Leahy, Mr.
Levin, Mr. Lieberman, Mrs. Lincoln, Ms. Mikulski, Mrs. Murray,
Mr. Nelson of Florida, Mr. Nelson of Nebraska, Mr. Reed, Mr.
Reid, Mr. Rockefeller, Mr. Sarbanes, Mr. Schumer, Ms. Snowe,
Mr. Specter, Ms. Stabenow, Mr. Torricelli, and Mr. Wellstone):
S. 924. A bill to provide reliable officers, technology, education,
community prosecutors, and training in our neighborhoods; to the
Committee on the Judiciary.
Mr. BIDEN. Mr. President, authority for the community policing
program has expired, and I rise today to introduce legislation to
extend that hugely successful program for another six years.
We created this program in 1994 as part of that year's crime bill.
The COPS program has worked better than any of us could have hoped.
Crime has gone down every year since the program has been in existence.
We have invested over $7.5 billion to make our streets safer. 115,000
officers will be funded by the end of this fiscal year. 73,600 of those
officers are on the beat today, over 200 of them in my own state of
Delaware. Grants have been issued to more than 12,400 law enforcement
agencies. Big cities and small towns have benefitted, and more than 82
percent of all COPS grants have gone to departments serving populations
of 50,000 or less.
Community policing methods are taking hold across the country. A
recent Justice Department study revealed that the number of community
police officers nationwide increased by 400 percent between 1997 and
1999. Schools are benefitting: by the end of this fiscal year COPS will
have funded almost 5,000 school resource officers. These are specially
trained officers who work in schools to prevent crimes before they
occur, mentor students, and assist school administrators in creating a
safe learning environment. Since COPS started funding school resource
officers, their numbers across
[[Page S5442]]
the country have shot up more than 40 percent.
When we passed the crime bill in 1994, we set a goal of funding
100,000 officers by 2000. That goal has been met. But the need for more
officers, for technology to help those officers do their job more
efficiently, and for more prosecutors so the cases investigated by the
police can effectively be brought, continues unabated. The Justice
Department reports that in the last two fiscal years, demand for new
police hiring grants has outstripped available funds by a factor of
almost three to one. To meet this need, the legislation I introduce
today authorizes $600 million per year over the next 6 years, enough to
hire up to 50,00 more officer. We have made this portion of the program
more flexible: up to half of these hiring dollars can be use to help
police departments retain those community police officers currently on
payroll. In another change from current law, portion of these funds can
be used for officer training and education.
The legislation also provides funding for new technologies, so law
enforcement can have access to the latest high-tech crime fighting
equipment to keep pace with today's sophisticated criminals. Also
included are funds to help local district attorneys hire more community
prosecutors. These prosecutors will expand the community justice
concept and engage the entire community in preventing and fighting
crime. The statistics we have on community prosecutions are quite
promising, and we should increase the funds available to local
prosecutors, a piece of our criminal justice puzzle that has too often
gone overlooked.
We need to pass this bill. Already the administration has announced
its intention to end the police hiring program, to dramatically scale
back the community prosecution program, and to cut other critical state
and local law enforcement programs. That is not the right approach.
Crime is down, but it will not stay down. Preliminary FBI crime reports
for 2000 indicate that we may be reaching the end of our eight straight
years of decreasing crime. Last December, the FBI reported that crime
was down in most big cities, but up in cities of less than 50,000
people. It was up 1.2 percent in the South, the nation's most populous
region. Several of our largest cities have reported increases in their
murder rates. Crime will not stay down, unless we dedicate the
resources necessary for state and local law enforcement to do their job
effectively.
This bill has the support of every major law enforcement organization
in the country. Fifty senators are original cosponsors of the
legislation, including five Republicans. I want to pay a special
tribute to my friends on the other side of the aisle and thank them for
listening to their mayors, police chiefs, and officers who told them
this is the right thing to do. We should not play politics with public
safety, and I hope we can pursue common-sense crime-fighting proposals
without regard to party.
I would like to thank the men and women of law enforcement for their
service and heroism in bringing about the longest lasting decrease in
crime in this nation's history. Let's build on that success, and let's
continue to give them the support they deserve, by reauthorizing the
COPS program.
I ask unanimous consent that the text of the bill, as well as several
letters supporting its introduction, be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 924
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 2001'' 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
[[Page S5443]]
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
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 2002;
``(ii) $1,150,000,000 for fiscal year 2003;
``(iii) $1,150,000,000 for fiscal year 2004;
``(iv) $1,150,000,000 for fiscal year 2005;
``(v) $1,150,000,000 for fiscal year 2006; and
``(vi) $1,150,000,000 for fiscal year 2007.''; 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).''.
____
Police Executive Research Forum,
Washington, DC, May 17, 2001.
Hon. Joseph Biden, Jr.,
U.S. Senate,
Washington, DC.
Dear Joe: On behalf of the members of the Police Executive
Research Forum (PERF), a national organization of police
professionals who serve more than 50 percent of our nation's
population, I wish to express our continued support of your
plans to adequately fund and reauthorize the COPS Office and
its many critical programs.
The COPS program has been a highly successful crime-
fighting initiative. The vast majority of COPS grant
recipients have put those funds to unprecedented good use.
With COPS funding, PERF members have hired more officers,
purchased critical technology, implemented innovative
problem-solving programs, and received valuable training and
technical assistance, all of which have played an important
role in advancing community policing across the country. But
the COPS Office's work is far from over.
Providing the citizens in our jurisdictions with safe
communities requires resources beyond local reach. The COPS
program's sole mission is to respond to the needs of local
law enforcement and it has delivered much-needed resources in
the fight against crime. Through this partnership with the
federal government, we have made tremendous advances in
community policing. We have always called for multi-year
reauthorization and full funding for this critical program.
PERF would welcome the opportunity to work with you to
increase the flexibility of COPS hiring funds and otherwise
ensure the COPS programs' long-term success. We thank you for
your tireless support of law enforcement.
Sincerely,
Chuck Wexler,
Executive Director.
____
National Association of Police
Organizations, Inc.,
Washington, DC, May 3, 2001.
Hon. Joseph R. Biden, Jr.,
U.S. Senate,
Washington, DC.
Dear Joe: Please be advised that the National Association
of Police Organizations (NAPO) will be strongly supporting
your reintroduction of S. 1760, the ``PROTECTION Act.'' NAPO,
representing 4,000 unions and associations and 230,000 sworn
law enforcement officers, truly appreciates your effort to
reauthorize and continue the success of the COPS program.
As you know, NAPO strongly supported the passage of the
1994 Crime bill creating the COPS program. Since its
inception the COPS program has funded grants for over 110,000
community police officers. Most law enforcement officials and
the public recognize the benefits of putting more cops on the
street. The steady decline of violent crime over the last few
years is evidence of the success of this program.
We support your legislation that will extend the COPS
program for another six years and put up to 50,000 more
police officers on our streets and in our neighborhoods to
continue the success of community policing. We also strongly
support the funding of educational scholarships for active
law enforcement officers and new technology to help fight
crime.
NAPO is cognizant of the fact that we must not become
complacent with our past success. There is still a lot of
work to be done and we will continue to fight with you for
the resources needed to serve our communities adequately.
NAPO's position is that the declining crime rate is not an
excuse to disband the COPS program, but an opportunity to
hire more officers to further fight
[[Page S5444]]
and decrease violent crime that still permeates many of
America's communities.
If I can be of assistance on this or any other matter,
please have your staff contact me at (202) 842-4420.
Sincerely,
Robert T. Scully,
Executive Director.
____
International Brotherhood of
Police Officers,
Alexandria, VA, May 4, 2001.
Hon. Joe Biden,
U.S. Senate,
Washington, DC.
Dear Senator Biden: On behalf of the entire membership of
the International Brotherhood of Police Officers (IBPO), I
want to thank you for introducing legislation to reauthorize
the Community Oriented Policing Services (COPS) program.
As the author of the 1994 Crime Bill you understand the
significance of the COPS program. Every crime statistic
available shows that America is a safer place to live since
we implemented the COPS program. The COPS program enables
communities to combat crime in the most effective way
possible--by putting more officers on the street.
I understand that they are opponents to the COPS program. I
urge them to talk to police officers in their states. The
IBPO believes that public safety is far too important to be
caught up in political debate. It would be a tragedy to cut
back on any efforts to fight crime at this critical juncture.
As the largest police union in the AFL-CIO, we have first
hand knowledge of what a success the COPS program is. We look
forward to working with you on this most important piece of
legislation.
Sincerely,
Kenneth T. Lyons,
National President.
____
National Sheriffs' Association,
Alexandria, VA, May 21, 2001.
Hon. Joseph Biden,
U.S. Senate,
Washington, DC.
Dear Senator Biden: I am writing to you regarding the
Community Oriented Policing Services (COPS) program and your
bill, the Protection Act. We at the National Sheriffs'
Association (NSA) support COPS and we appreciate the
commitment made to law enforcement by Congress.
As you may know, sheriffs around the nation depend on the
COPS program to supplement their law enforcement
capabilities. Sheriffs need the additional funding provided
so that they can better protect and serve their communities.
The COPS program has been an overwhelming success and has had
a tangible and positive impact on crime reduction. Nearly
two-thirds of the sheriffs offices in the Nation have
benefited from grant funding from this program and the added
funding has made a significant difference in how we enforce
the law. A sheriff with a COPS grant can fight and control
crime while a sheriff without a grant is at the mercy of the
criminal. With the added capability that a COPS grant
provides, we have reduced crime, streets are safer and honest
law-abiding people feel secure in their communities.
NSA supports a flexible COPS program that allows sheriffs
to determine their own needs and apply for funds accordingly.
Sheriffs have overwhelming technology needs that can be
addressed through the COPS technology grant programs. These
programs have helped sheriffs purchase state-of-the-art
computer technology and communications equipment. In this
information age, it is more important than ever that we
strive to achieve telecommunications and systems
compatibility among criminal justice agencies, improve our
forensic sciences capability at the state and local level and
encourage the use of technologies to predict and prevent
crime. All of these will give law enforcement the advantage
over criminals. The total package of law enforcement support
that COPS provides is an integral part of crime control in
America.
In our view, COPS is a program that is vital to effective
law enforcement and to sheriffs in both rural and urban
jurisdictions. Without COPS, I firmly believe our communities
would be a little less safe and a little more dangerous.
Thank you again for your commitment to reducing crime. Know
that NSA will do our part in the fight against crime and
given the proper resources, we can truly make a difference.
Sincerely,
Jerry ``Peanuts'' Gaines,
President.
______