[Congressional Record Volume 148, Number 74 (Friday, June 7, 2002)]
[Senate]
[Pages S5257-S5258]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3807. Mr. REID (for Mr. Biden) proposed an amendment to the bill 
S. 625, to provide Federal assistance to States and local jurisdictions 
to prosecute hate crimes, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. 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--
       (1) by inserting ``and prosecutor'' after ``increase 
     police''; and
       (2) by 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)--
       (i) by striking ``or pay overtime,''; and
       (ii) by 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 ``Grants pursuant to'' 
     and all that follows through ``paragraph (1)(A) and (B).'' 
     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 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 not more than 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 not more than 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 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--
       (1) by striking subsection (k);
       (2) by redesignating subsections (f) through (j) as 
     subsections (g) through (k); and
       (3) by 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--
       ``(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.--
       ``(1) In general.--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.
       ``(2) Use of funds.--Funds made available under this 
     subsection may be used to--
       ``(A) hire additional prosecutors who will be assigned to 
     community prosecution programs, including programs that 
     assign prosecutors to--

[[Page S5258]]

       ``(i) handle cases from specific geographic areas;
       ``(ii) address specific violent crime and other local crime 
     problems, including intensive illegal gang, gun, and drug 
     enforcement projects and quality of life initiatives; and
       ``(iii) address localized violent and other crime problems 
     based on needs identified by local law enforcement agencies, 
     community organizations, and others;
       ``(B) redeploy existing prosecutors to community 
     prosecution programs described in subparagraph (A), by hiring 
     victim and witness coordinators, paralegals, and community 
     outreach and such other personnel; and
       ``(C) 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.
       ``(3) Reservation of funds.--Not less than 75 percent of 
     the funds made available under this subsection shall be 
     reserved for grants under subparagraphs (A) and (B) of 
     paragraph (2), and of that amount--
       ``(A) not more than 10 percent may be used for grants under 
     paragraph (2)(B); and
       ``(B) not less than 25 percent shall be reserved for 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 adding at the end the following:
       ``(d) Retention Grants.--The Attorney General may use not 
     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 
     grantees 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 who are charged with supervising offenders who are 
     released into the community and are 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 gang 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 or 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 ``; and''; 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, 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) in subparagraph (A), by striking ``There'' and all that 
     follows through ``2000.'' and inserting the following: 
     ``There are authorized to be appropriated to carry out part 
     Q, to remain available until expended--
       ``(i) $1,150,000,000 for fiscal year 2003;
       ``(ii) $1,150,000,000 for fiscal year 2004;
       ``(iii) $1,150,000,000 for fiscal year 2005;
       ``(iv) $1,150,000,000 for fiscal year 2006;
       ``(v) $1,150,000,000 for fiscal year 2007; and
       ``(vi) $1,150,000,000 for fiscal year 2008.''; and
       (2) in subparagraph (B)--
       (A) in the first sentence--
       (i) by striking ``up to 3 percent'' and inserting ``not 
     more than 5 percent''; and
       (ii) by striking ``1701(f)'' and inserting ``1701(g)'';
       (B) 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, 
     not 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 not 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.''; and
       (C) in the third sentence--
       (i) by striking ``at least 85 percent'' and inserting ``not 
     less than $600,000,000''; and
       (ii) by striking ``1701(b),'' and all that follows through 
     ``of part Q.'' and inserting the following: ``subsections (b) 
     and (c) of section 1701, not less than $350,000,000 shall be 
     applied to grants for the purposes specified in section 
     1701(e), and not less than $200,000,000 shall be applied to 
     grants for the purposes specified in section 1701(f).''.

                          ____________________