[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.
                                 ______