[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4749 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4749
To improve grants administered by the Office of Community Oriented
Policing Services, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 2, 2022
Mr. Booker introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To improve grants administered by the Office of Community Oriented
Policing Services, and for other purposes.
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 ``COPS Responsible Administration and
Management Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Office of Community Oriented Policing Services
(referred to in this section as the ``COPS Office'') was
established within the Department of Justice pursuant to the
Violent Crime Control and Law Enforcement Act of 1994 (Public
Law 103-322; 108 Stat. 1796) in order to provide grant funding
to law enforcement agencies to improve policing and add 100,000
police officers to law enforcement agencies across the United
States.
(2) Since 1994, the COPS Office has distributed more than
$14,000,000,000 to more than 13,000 State, local, and Tribal
law enforcement agencies to fund the hiring and redeployment of
more than 135,000 law enforcement officers under the program
established under part Q of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10381 et seq.)
(referred to in this section as the ``COPS program'').
(3) For fiscal year 2022, Congress appropriated
$246,000,000 for the COPS Hiring Program under section
1701(b)(2) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10381(b)(2)) (referred to in
this section as the ``CHP'').
(4) The total amounts appropriated for the COPS programs
has steadily increased over the last several years from
$222,000,000 for fiscal year 2017 to $512,000,000 for fiscal
year 2022, adding to the administrative of responsibilities and
workload of the COPS Office.
(5) For fiscal years 2021 and 2022, in addition to
continued funding for the CHP, COPS Office grants were awarded
for a wide variety of purposes for law enforcement agencies to
improve public safety and implement best practices.
(6) In authorizing COPS program funding at increasing
levels each year, Congress is obligated to monitor how these
Federal dollars are invested and that funds are spent as
effectively as possible to carry out the goals of the COPS
program.
(7) As the COPS program has expanded to provide increased
funding for public safety, the critical need to dedicate
resources to administering this program, overseeing its
implementation, and tracking its efficacy becomes more
pressing. Law enforcement agencies will likely need more
resources to comply with accountability requirements as
additional law enforcement officers are hired and training
programs are made more robust.
(8) The Federal Government should be investing in evidence-
based, proven training strategies that will make the
communities of the United States safer. Yet, many training
techniques have not been sufficiently studied or do not
empirically reduce use of force incidents.
(9) When local law enforcement agencies receive Federal
funding, they must comply with civil rights laws.
(10) It is the duty of Congress to--
(A) ensure the accountability of recipients of
Federal funds;
(B) manage taxpayer dollars in a responsible and
efficient manner; and
(C) prevent Federal dollars from supporting
policing, or any other practices, that violate the
civil and constitutional rights the people of the
United States.
(11) It is the duty of Congress to ensure that Federal
funds are invested in effective law enforcement training
techniques and technologies that--
(A) reduce negative or dangerous encounters between
communities and police, including use of force
incidents;
(B) increase the diversion to mental health and
other social service of calls for service; and
(C) improve public safety.
(12) The COPS Office does not evaluate its programs or
grant awards to ensure investments in activities that--
(A) improve police relationships with communities;
and
(B) reduce negative or dangerous interactions
between law enforcement officers and the public,
including use of force incidents.
(13) Congress must act to remedy this lack of oversight and
ensure that--
(A) the COPS program is operating in an effective
way; and
(B) funds are invested in activities that promote
and enhance public safety and respect the dignity and
rights of all people.
(14) To ensure the efficient administration and responsible
management of the COPS program, Congress must provide the
Department of Justice sufficient resources to achieve these
goals.
(15) Accountability and transparency in law enforcement and
all other government activities are essential to a healthy
democracy and a functional system of public safety. Providing
the Department of Justice and law enforcement agencies with the
resources to implement, monitor, and optimize policing
strategies will improve both community safety and public trust
in law enforcement.
SEC. 3. EVALUATION OF THE ADMINISTRATION OF THE COPS OFFICE GRANT
PROGRAM.
Not later than 1 year after the date of enactment of this Act, the
Director of the Office of Management and Budget shall--
(1) conduct a review of the grant program established under
section 1701 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10381), including a review of
grants used for the purpose described in subsection (b)(2) of
that section, to assess--
(A) the efficiency of the administration of the
program, including the processes for developing and
drafting solicitations, reviewing grant applications,
and choosing grant recipients; and
(B) the oversight of grant awards, including--
(i) audits of grant awards;
(ii) a verification that funds are used for
the approved program activities;
(iii) reporting requirements and analysis
of information reported by grant recipients;
(iv) evaluation of the outcomes and impacts
of the grant program across demographic
categories; and
(v) other performance metrics use to assess
the effectiveness of program activities in
achieving the stated goals of--
(I) improving community
relationships; and
(II) the reduction of negative or
dangerous interactions between law
enforcement officers and the public,
including use of force incidents;
(2) conduct a review of all Federal grant programs to
identify duplicative grants; and
(3) submit to the Attorney General, the Committee on the
Judiciary of the Senate, and the Committee on the Judiciary of
the House of Representatives a report that--
(A) summarizes the findings of the reviews
performed under paragraph (1) and (2);
(B) makes recommendations to enhance the
administration, oversight, transparency and management
of the grant program described in paragraph (1); and
(C) identifies duplicative grants and makes
recommendations for the consolidation or
discontinuation of grant programs where possible.
SEC. 4. EFFECTIVENESS OF GRANTS.
(a) Evaluation Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, Director of the Office of Management and
Budget, in consultation with appropriate experts and
stakeholders, shall develop a plan for the Office of Community
Oriented Policing Services to evaluate the effectiveness of
grants awarded under section 1701 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) in
achieving--
(A) the goals and objectives of improving public
safety through a reduction in negative or dangerous
interactions between law enforcement officers and the
public, including use of force incidents; and
(B) compliance with Federal law.
(2) Contents.--The plan developed under paragraph (1)
shall--
(A) establish--
(i) implementable reporting requirements
for the purpose of assessing grant-funded
activities;
(ii) performance metrics that--
(I) promote compliance with civil
and human rights law and principles;
(II) reduce negative or dangerous
interactions between law enforcement
officers and the public, including use
of force incidents; and
(III) measure the impact of grant
activities on communities across
demographic categories;
(iii) the role of components of the Federal
Government other than the Office of Community
Oriented Policing Services in assisting in the
oversight of those grants, including the Office
of Management and Budget, the Office of the
Inspector General of the Department of Justice,
the Bureau of Justice Statistics, the Bureau of
Justice Assistance, and the National Institute
of Justice; and
(iv) the process for the continued support
of promising practices through the development
and testing of innovative strategies;
(B) build knowledge about effective practices and
outcomes;
(C) support new, creative approaches to preventing
crime and promoting safe communities;
(D) include a plan for the discontinuation of
grant-funded activities that are in violation of the
laws described in section 5(1) or other civil rights
laws;
(E) include a description of the resources
necessary for the Department of Justice and the Office
of Community Oriented Policing Services to implement
the plan.
(b) Implementation of Evaluation Plan.--Not later than 180 days
after the date of completion of the plan required under subsection
(a)(1), the Attorney General, in consultation with the Director of the
Office of Management and Budget, the Inspector General of the
Department of Justice, the Director of the Bureau of Justice
Statistics, the Director of the Bureau of Justice Assistance, and the
Director of the National Institute of Justice, shall implement the
plan.
(c) Funding.--There are authorized to be appropriated to the
Director of the Office of Community Oriented Policing Services to carry
out subsection (b) $10,000,000 for each of fiscal years 2023 through
2028.
SEC. 5. CIVIL RIGHTS COMPLIANCE.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Attorney General, in coordination with the
Director of the Office of Justice Programs, the Director of the Office
of Community Oriented Policing Services, and the Director of the Office
on Violence Against Women, shall--
(1) conduct a review of the implementation and
administrative enforcement by the Department of Justice of
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.) and section 809(c)(1) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10228(c)(1)) in
connection with Federal financial assistance the Department of
Justice provides under any grant program;
(2) implement a formal review process to ensure that
recipients of grants under section 1701 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10381) are in compliance with civil rights laws;
(3) establish a system for verifying that an applicant for
grants administered by the Department of Justice demonstrate
compliance with civil rights laws before the date on which the
applicant receives any funds from such a grant;
(4) suspend the award of any grant administered by the
Department of Justice to a law enforcement agency that does not
cooperate with a civil rights compliance review or
investigation conducted by the Attorney General, including an
investigation conducted pursuant to section 210401 of the
Violent Crime Control and Law Enforcement Act of 1994 (34
U.S.C. 12601), by rejecting document requests, restricting
access to information or data, or otherwise obstructing the
review or investigation, until the law enforcement agency--
(A) cooperates with the review or investigation;
or
(B) otherwise demonstrates compliance with the laws
described in paragraph (1); and
(5) submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives a report summarizing the findings of the review
conducted under paragraph (1).
SEC. 6. IMPROVING THE COPS GRANT PROGRAM.
(a) Use-of-Force Data Grants.--Not later than 1 year after the date
of enactment of this Act, the Attorney General shall--
(1) establish a grant program within the Office of
Community Oriented Policing Services to provide grants to law
enforcement agencies of States, units of local government, or
Tribal governments to pay for the costs associated with
participation in the National Use-of-Force Data Collection of
the Federal Bureau of Investigation; and
(2) through the Bureau of Justice Assistance, develop and
provide technical assistance to law enforcement agencies of
State, units of local government, or Tribal governments for
participation in the National Use-of-Force Data Collection of
the Federal Bureau of Investigation.
(b) Uniformity in Policing Policies.--
(1) In general.--Subject to paragraph (2), the law
enforcement agency of a State, unit of local of government, or
Tribal government that applies for a grant under section 1701
of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10381) shall certify in the application for the
grant that the law enforcement agency has in place a chokehold
policy and a no-knock entry policy consistent with--
(A) Executive Order 14074 (87 Fed. Reg. 32945;
relating to accountable policing and criminal justice
practices); and
(B) the policy contained in the memorandum issued
by the Department of Justice on September 13, 2021
entitled ``Chokeholds & carotid restraints; knock and
announce requirement''.
(2) More stringent rules.--The law enforcement agency of a
State, unit of local government, or Tribal law enforcement that
applies for a grant under section 1701 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10381) may certify in the application for the grant that the
law enforcement agency has in place a policy that--
(A) is more stringent than a policy described in
paragraph (1);
(B) entirely bans the use of chokeholds or carotid
restraints; or
(C) entirely bans the use of no-knock entries.
(c) Preferential Consideration.--In awarding grants under section
1701 of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10381), the Attorney General shall give preferential
consideration to applicants that--
(1) participate in the National Use-of-Force Data
Collection of the Federal Bureau of Investigation; or
(2) have implemented a policy described in subparagraph (B)
or (C) of subsection (b)(2).
(d) Funding.--There are authorized to be appropriated to the
Director of the Office of Community Oriented Policing Services
$20,000,000 for each of fiscal years 2023 through 2028 to increase
staff, hire analysts, establish data collection and review systems, and
establish the grant program under subsection (a)(1).
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