H. Rept. 118-481 - RECRUIT AND RETAIN ACT OF 2024118th Congress (2023-2024)
Committee Report
Hide Overview| Report Type: | House Report |
|---|---|
| Accompanies: | H.R.3325 |
| Committees: | House Judiciary Committee |
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118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-481
======================================================================
RECRUIT AND RETAIN ACT OF 2024
_______
May 6, 2024.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Jordan, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 3325]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 3325) to amend the Omnibus Crime Control and Safe
Streets Act of 1968 to authorize law enforcement agencies to
use COPS grants for recruitment activities, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for the Legislation.......................... 3
Hearings......................................................... 6
Committee Consideration.......................................... 7
Committee Votes.................................................. 7
Committee Oversight Findings..................................... 7
New Budget Authority and Tax Expenditures........................ 7
Congressional Budget Office Cost Estimate........................ 8
Committee Estimate of Budgetary Effects.......................... 8
Duplication of Federal Programs.................................. 8
Performance Goals and Objectives................................. 8
Advisory on Earmarks............................................. 8
Federal Mandates Statement....................................... 8
Advisory Committee Statement..................................... 9
Applicability to Legislative Branch.............................. 9
Section-by-Section Analysis...................................... 9
Changes in Existing Law Made by the Bill, as Reported............ 9
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recruit and Retain Act of 2024''.
SEC. 2. IMPROVING COPS GRANTS FOR POLICE HIRING PURPOSES.
(a) Grant Use Expansion.--Section 1701(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381(b)) is
amended--
(1) by redesignating paragraphs (22) through (23) as
paragraphs (23) through (24), respectively; and
(2) by inserting after paragraph (21) the following:
``(22) to support hiring activities by law enforcement
agencies experiencing declines in officer recruitment
applications by reducing application-related fees, such as fees
for background checks, psychological evaluations, and
testing;''.
(b) Technical Amendment.--Section 1701(b)(23) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10381(b)(23)), as so redesignated, is amended by striking ``(21)'' and
inserting ``(22)''.
SEC. 3. ADMINISTRATIVE COSTS; PIPELINE PARTNERSHIP PROGRAM.
Section 1701 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10381) is amended by adding at the end the
following:
``(o) Administrative Costs.--Not more than 2 percent of a grant made
for the hiring or rehiring of additional career law enforcement
officers may be used for costs incurred to administer such grant.
``(p) COPS Pipeline Partnership Program.--
``(1) Eligible entity defined.--In this subsection, the term
`eligible entity' means a law enforcement agency in partnership
with not less than 1 educational institution, which may include
1 or any combination of the following:
``(A) An elementary school.
``(B) A secondary school.
``(C) An institution of higher education.
``(D) A Hispanic-serving institution.
``(E) A historically Black college or university.
``(F) A Tribal college.
``(2) Grants.--The Attorney General shall award competitive
grants to eligible entities for recruiting activities that--
``(A) support substantial student engagement for the
exploration of potential future career opportunities in
law enforcement;
``(B) strengthen recruitment by law enforcement
agencies experiencing a decline in recruits, or high
rates of resignations or retirements;
``(C) enhance community interactions between local
youth and law enforcement agencies that are designed to
increase recruiting; and
``(D) otherwise improve the outcomes of local law
enforcement recruitment through activities such as
dedicated programming for students, work-based learning
opportunities, project-based learning, mentoring,
community liaisons, career or job fairs, work site
visits, job shadowing, apprenticeships, or skills-based
internships.
``(3) Funding.--Of the amounts made available to carry out
this part for a fiscal year, the Attorney General may use not
more than $3,000,000 to carry out this subsection.''.
SEC. 4. COPS GRANT GUIDANCE FOR AGENCIES OPERATING BELOW BUDGETED
STRENGTH.
Section 1704 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10384) is amended by adding at the end the
following:
``(d) Guidance for Understaffed Law Enforcement Agencies.--
``(1) Definitions.--In this subsection:
``(A) Covered applicant.--The term `covered
applicant' means an applicant for a hiring grant under
this part seeking funding for a law enforcement agency
operating below the budgeted strength of the law
enforcement agency.
``(B) Budgeted strength.--The term `budgeted
strength' means the employment of the maximum number of
sworn law enforcement officers the budget of a law
enforcement agency allows the agency to employ.
``(2) Procedures.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall establish
consistent procedures for covered applicants, including
guidance that--
``(A) clarifies that covered applicants remain
eligible for funding under this part; and
``(B) enables covered applicants to attest that the
funding from a grant awarded under this part is not
being used by the law enforcement agency to supplant
State or local funds, as described in subsection (a).
``(3) Paperwork reduction.--In developing the procedures and
guidance under paragraph (2), the Attorney General shall take
measures to reduce paperwork requirements for grants to covered
applicants.''.
SEC. 5. STUDY ON POLICE RECRUITMENT.
(a) Study.--
(1) In general.--The Comptroller General of the United States
shall conduct a study to consider the comprehensive effects of
recruitment and attrition rates on Federal, State, Tribal, and
local law enforcement agencies in the United States, to
identify--
(A) the primary reasons that law enforcement
officers--
(i) join law enforcement agencies; and
(ii) resign or retire from law enforcement
agencies;
(B) how the reasons described in subparagraph (A) may
have changed over time;
(C) the effects of recruitment and attrition on
public safety;
(D) the effects of electronic media on recruitment
efforts;
(E) barriers to the recruitment and retention of
Federal, State, and local law enforcement officers; and
(F) recommendations for potential ways to address
barriers to the recruitment and retention of law
enforcement officers, including the barriers identified
in subparagraph (E).
(2) Representative cross-section.--
(A) In general.--The Comptroller General of the
United States shall endeavor to ensure accurate
representation of law enforcement agencies in the study
conducted pursuant to paragraph (1) by surveying a
broad cross-section of law enforcement agencies--
(i) from various regions of the United
States;
(ii) of different sizes; and
(iii) from rural, suburban, and urban
jurisdictions.
(B) Methods description.--The study conducted
pursuant to paragraph (1) shall include in the report
under subsection (b) a description of the methods used
to identify a representative sample of law enforcement
agencies.
(b) Report.--Not later than 540 days after the date of enactment of
this Act, the Comptroller General of the United States shall--
(1) submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives a report containing the study conducted under
subsection (a); and
(2) make the report submitted under paragraph (1) publicly
available online.
(c) Confidentiality.--The Comptroller General of the United States
shall ensure that the study conducted under subsection (a) protects the
privacy of participating law enforcement agencies.
Purpose and Summary
H.R. 3325, the Recruit and Retain Act, introduced by Rep.
Wesley Hunt (R-TX), will expand the Community Oriented Policing
Services (COPS) grant program to support recruitment efforts by
law enforcement agencies. The bill also limits the amount of a
grant that may be used for costs to administer the grant,
clarifies that law enforcement agencies operating below their
budgeted strength remain eligible for COPS grants with certain
conditions, and requires a study by the U.S. Government
Accountability Office (GAO) on police recruitment.
Background and Need for the Legislation
Due to the radical left's ``defund the police'' movement,
Democrat-run cities across the United States reduced funding
for police departments, which left cities without an adequate
law enforcement presence to address the surge in violent
crime.\1\ Los Angeles reduced its police department's budget by
$150 million.\2\ New York City made cuts amounting to $1
billion from the New York Police Department (NYPD).\3\
Chicago's then-Mayor Lori Lightfoot approved a decrease of
approximately $80 million for the Chicago Police Department
budget.\4\ In 2021, Washington, D.C., slashed the Metropolitan
Police Department (MPD) budget by roughly $15 million.\5\ The
subsequent years unsurprisingly saw a significant uptick in
violent crime in these cities, which can be attributed to these
decisions to defund law enforcement.\6\
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\1\Rep. Clay Higgins, Democrats' push to defund police caused crime
to spike, Wash. Examiner (Jun. 22, 2022).
\2\Audrey Conklin, LA `Defund' Police Budget Cuts Force Department
to Dissolve Sexual Assault Unit that Investigated Weinstein, Fox News
(Nov. 12, 2020).
\3\Scottie Andrew and Kristina Sgueglia, New York Police
Department's budget has been slashed by $1 billion, Cnn (July 1, 2020).
\4\After caving to the defund movement in 2020, Chicago Mayor
Lightfoot proposes more police funding as crime continues to spiral,
The National Police Support Fund (Oct. 21, 2021).
\5\Eric Flack, Verify: Did DC `Defund the Police?', Wash. Post
(Apr. 20, 2021).
\6\Higgins, supra note 1.
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According to the Major City Chiefs Association (MCCA), the
spike in violent crime in 2020 worsened in 2021. The MCCA
reported that violent crime in the majority of big cities
across the U.S. remains high compared to 2019, with homicides
in the U.S. increasing by over 36 percent.\7\ Out of the 70
cities included in MCCA's data, 69 cities saw increases in at
least one category of violent crimes in 2021, which include
homicide, rape, robbery, and aggravated assault.\8\
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\7\Press Release, Major Cities Chiefs Association, MCCA Releases
Violent Crime Report (Feb. 10, 2022)
\8\Major Cities Chiefs Association, Violent Crime Survey--Agency
Totals (2020-2021), https://majorcitieschiefs.com/wp-content/uploads/
2022/02/MCCA-Violent-Crime-Report-2021-and-2020-Year-End.pdf.
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After this spike in crime, some Democrats refused to
acknowledge their own policy failures and instead blamed
firearms, economic downturns, and perceived deficiencies in
federal law enforcement support.\9\ For example, Chicago Mayor
Lightfoot reached out to Attorney General Merrick Garland,
pushing for an increase in Bureau of Alcohol, Tobacco, Firearms
& Explosives (ATF) agents in Chicago to address illegal
firearms.\10\ The CPD would have been best situated to address
elevated levels of violent crime in Chicago if Mayor Lightfoot
had worked to increase funding for the department instead of
cutting its funding by approximately $80 million.
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\9\Alec Schemmel, Mayor who pushed to defund police by $80M pleads
with feds to help with rampant crime, Fox 17 Nashville (Dec. 22, 2021).
\10\Id.
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However, some Democrats realized the effects of their
catastrophic decisions and reversed course. For example, San
Francisco Mayor London Breed initially diverted $120 million
from the police budget towards social initiatives, only to
recalibrate her approach in light of rising crime and committed
to strengthen the police force and counter the criminal
elements in the city.\11\ Within three years, almost all large
Democrat-led cities reversed course on the decision to defund
law enforcement and augmented police department budgets, with
many Democrats stepping away from the ``defund the police''
narrative altogether.\12\ In 2023, after Washington, D.C.,
experienced its deadliest year in more than 20 years,\13\ Mayor
Muriel Bowser proposed legislation to reverse many of the anti-
police reforms.\14\ The legislation also sought to target
organized retail crime as well as the issue of open-air drug
markets in the District.\15\ Mayor Bowser admitted the original
police reform legislation did not ``match the daily practice of
safe and effective policing.''\16\
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\11\Id.
\12\Id.
\13\Emily Davies, John D. Harden and Peter Hermann, 2023 was
District's deadliest year in more than two decades Wash. Post (Jan. 1,
2024), https://www.washingtonpost.com/dc-md-va/interactive/2024/dc-
crime-homicide-victims-shooting-violence/.
\14\Melissa Koenig, DC mayor proposes rolling back progressive
police reforms amid spike in violent crimes N.Y. Post (Oct. 24, 2023),
https://nypost.com/2023/10/24/news/dc-mayor-proposes-rolling-back-
progressive-police-reforms/.
\15\Id.
\16\Id.
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POLICE RECRUITMENT CRISIS
Police departments across the country are experiencing
significant recruitment challenges, as officers have been
leaving the force in droves. In 2023, the San Francisco Police
Department was down over 600 officers compared to 2020--
approximately thirty percent of the department.\17\ The MPD in
Washington, D.C., has the lowest number of officers it has had
in the past fifty years.\18\ Since 2019, the Chicago Police
Department has lost 3,300 officers, and, as of October 2022, it
had only replaced roughly half of those departures.\19\ As of
March 2023, there were 1,500 vacancies within the
department.\20\ During a forum convened by the Committee on the
Judiciary in Chicago, Illinois in September 2023, retired
Chicago Police Department Detective John Garrido highlighted
many of the challenges that police officers face while stating
that, ``officers are retiring and resigning at alarming
rates.''\21\
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\17\Robert Klemko, Police agencies are desperate to hire. But they
say few want the job., Wash. Post (May 27, 2023), https://
www.washingtonpost.com/national-security/2023/05/27/police-vacancies-
hiring-recruiting-reform/.
\18\Id.
\19\Elliott Ramos et al., Chicago Police Department Struggles as
Burnt-Out Cops Quit, With Some Heading to Suburbs, CBS News Chi. (Oct.
11, 2022).
\20\Glenn Minnis, With 1,500 Vacancies, Chicago Police Ramp Up
Recruiting Efforts, The Center Square (Mar. 28, 2023).
\21\Victims of Violent Crime in Chicago: Hearing Before the H.
Comm. On the Judiciary, 118th Cong. 20 (2023) (statement by John
Garrido, retired detective from the Chicago Police Department).
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These challenges are not limited to large cities, as small
towns are also experiencing challenges with officer recruitment
and retention. For example, Goodhue, Minnesota--population
1,300--was forced to shutter its police department last August
after the city council did not provide more resources for pay
and benefits.\22\ In many cases, these small towns have to turn
police work over to the county sheriff's office.\23\ Even
Attorney General Garland seems to have admitted that the left's
anti-police rhetoric has hurt police recruitment, stating:
``Law enforcement officers across the country are facing
unprecedented challenges at a time when they are already being
stretched thin . . . .''\24\
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\22\The Associated Press, The U.S. is experiencing a police hiring
crisis, The Assoc. Press (Sep. 6, 2023), https://www.nbcnews.com/news/
us-news/us-experiencing-police-hiring-crisis-rcna103600.
\23\Id.
\24\Bart Jansen, Police departments facing `historic crisis' in
finding, keeping officers should make changes: DOJ report USA Today
(Oct. 17, 2023), https://www.usatoday.com/story/news/politics/2023/10/
17/police-recruitment-retention-justice-department-report/71216818007/.
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In an effort to hire more law enforcement officers, police
departments have ``expanded the geographic area from which they
draw recruits, offered hiring bonuses and multiyear contracts,
strengthening recruiting efforts, decreased onboarding
obstacles and adjusted admission requirements.''\25\ For
example, the MPD in Washington, D.C., is offering a $25,000
hiring bonuses for new recruits.\26\ In March 2024, the City of
Dunwoody, Georgia, announced it is increasing hiring bonuses
for new recruits to $15,000.\27\ Alameda County, California is
offering a $75,000 recruitment bonus that will be paid out
installments over several years.\28\
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\25\Robert Klemko, Police agencies are desparate to hire. But they
say few want the job., Wash. Post (May 27, 2023), https://
www.washingtonpost.com/national-security/2023/05/27/police-vacancies-
hiring-recruiting-reform/.
\26\Press Release, Government of the District of Columbia, Mayor
Bowser Announces Increase in Hiring Bonuses for New MPD Recruits,
https://mayor.dc.gov/release/mayor-bowser-announces-increase-hiring-
bonuses-new-mpd-recruits (last visited Mar. 7, 2024).
\27\WSB Staff, Dunwoody increases hiring bonuses for new police
recruits to $15,000, WSB Atlanta (Mar. 2, 2024), https://www.msn.com/
en-us/news/crime/dunwoody-increases-hiring-bonuses-for-new-police-
recruits-to-15000/ar-BB1jbUxq.
\28\CBS Staff, Police departments offering bonuses, incentives to
new recruits and experienced officers to fill Bay Area openings, CBS
News (Sep. 26, 2023), https://www.cbsnews.com/sanfrancisco/essentials/
police-recruiting-bonuses-bay-area-officers-incentives/.
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COMMUNITY ORIENTED POLICING SERVICES (COPS) GRANTS
The DOJ provides grants to state, local, and tribal
governments to hire law enforcement officers (LEOs) under the
COPS Hiring Program (CHP).\29\ Congress first authorized the
CHP in the Violent Crime Control and Law Enforcement Act of
1994.\30\ The CHP remains a crucial federal resource to help
law enforcement agencies hire new officers. However, according
to a 2023 report published by the COPS Office and the Bureau of
Justice Statistics (BJA), recruitment and retention for law
enforcement organizations across the country still remains an
issue.\31\ The report also recommended examining ways to
accelerate and streamline the hiring process.\32\
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\29\See Community Oriented Policing Services (COPS), About the COPS
Office, U.S. Dep't of Justice (last accessed April 24, 2024), https://
cops.usdoj.gov/aboutcops.
\30\Pub. L. 103-322 (1994).
\31\Bureau of Justice Statistics and Community Oriented Policing
Services, Recruitment and Retention for the Modern Law Enforcement
Agency, Bureau of Justice Statistics (last accessed April 24, 2024),
https://bja.ojp.gov/doc/recruitment-retention-modern-le-agency.pdf.
\32\Id.
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RECRUIT AND RETAIN ACT
The Recruit and Retain Act would ensure that the CHP is
responsive to the hiring challenges that law enforcement
agencies are experiencing nationwide. Specifically, the bill
will help to reduce the costs of onboarding new hires,
especially for requirements such as background checks. It will
also work to alleviate administrative burdens and clarify CHP
application guidance with the goal of making grants more
accessible to agencies across the country. Finally, the Recruit
and Retain Act will require additional research into the latest
data to uncover additional insights into recruitment and
retention trends for law enforcement across the United States.
Hearings
For the purposes of clause 3(c)(6)(A) of House rule XIII,
the following hearing was used to develop H.R. 3325: ``Victims
of Violent Crime in Manhattan'' a hearing held on Monday, April
17, 2023, before the Committee on the Judiciary. The Committee
heard from the following witnesses:
Jose Alba, former Manhattan bodega clerk;
Madeline Brame, Chairwoman of the Victims
Rights Reform Council and mother of a homicide victim;
Jennifer Harrison, Founder of Victims Rights
NY;
Paul DiGiacomo, President of the New York
City's Detectives' Endowment Association;
Robert F. Holden, New York City Council (D-
District 30);
Barry Borgen, father of a victim of
antisemitic hate crime;
Jim Kessler, Co-Founder and Senior Vice
President for Policy of Third Way; and
Rebecca Fischer, Executive Director of New
Yorkers Against Gun Violence.
The hearing examined how a decrease in funding for law
enforcement and the imposition of left-wing criminal justice
policies have led to an increase in violent crime and a
dangerous community for New York City residents.
The Subcommittee on Crime and Federal Government
Surveillance of the Committee on the Judiciary held a related
hearing titled ``Victims of Violent Crime in the District of
Columbia on October 12, 2023. The Subcommittee heard from the
following witnesses:
Gaynor Jablonski, Washington, D.C. business
owner attacked on June 29, 2023, inside of his business
in front of his four-year-old son;
Charles Stimson, crime control, national
security, homeland security, and drug policy expert at
the Heritage Foundation, Deputy Director of the Edwin
Meese III Center for Legal and Judicial Studies;
Mitchell Sobolevsky, victim of robbery at
gunpoint in Washington, D.C.;
Greg Pemberton, Metropolitan Police
Department Detective, Chairman of the D.C. Police
Union;
Lindsey Appiah, Deputy Mayor for Public
Safety and Justice; and
Myisha Richards, firefighter paramedic,
District of Columbia Fire and Emergency Medical
Services Department.
The hearing examined the rise of violent crime in
Washington, D.C., the lack of adequate funding for the police
department, and the lack of prosecutions and prosecutorial
accountability.
Committee Consideration
On May 1, 2024, the Committee met in open session and
ordered the bill, H.R. 3325, favorably reported with an
amendment in the nature of a substitute, by voice vote, a
quorum being present.
Committee Votes
In compliance with clause 3(b) of House rule XIII, the
Committee states that no recorded votes were taken during the
consideration of H.R. 3325.
Committee Oversight Findings
In compliance with clause 3(c)(1) of House rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of rule X of the Rules of the House of Representatives, are
incorporated in the descriptive portions of this report.
New Budget Authority and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to the requirements of clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of the Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. The Chairman of the Committee shall cause such
estimate and statement to be printed in the Congressional
Record upon its receipt by the Committee.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives, a cost
estimate provided by the Congressional Budget Office pursuant
to section 402 of the Congressional Budget Act of 1974 was not
made available to the Committee in time for the filing of this
report. The Chairman of the Committee shall cause such estimate
to be printed in the Congressional Record upon its receipt by
the Committee.
Committee Estimate of Budgetary Effects
With respect to the requirements of clause 3(d)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee adopts as its own the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House rule XIII, no provision
of H.R. 3325 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
House rule XIII, H.R. 3325 will expand the Community Oriented
Policing Services (COPS) grant program to support recruitment
efforts by law enforcement agencies.
Advisory on Earmarks
In accordance with clause 9 of House rule XXI, H.R. 3325
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clauses
9(d), 9(e), or 9(f) of House rule XXI.
Federal Mandates Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Pub. L. 104-
1).
Section-by-Section Analysis
Section 1. Short Title. This section sets forth the short
title of the bill as ``The Recruit and Retain Act of 2024.''
Section 2. Improving COPS Grants for Police Hiring
Purposes. For law enforcement agencies experiencing declines in
law enforcement officer recruitment, this section allows COPS
Office grants to be used to reduce application-related fees,
such as fees for background checks, psychological evaluations,
and testing.
Section 3. Administrative Costs. This section allows up to
2% of grants to cover administrative costs associated with
implementing COPS hiring grants. This section would also
authorize a new grant program, using existing funds, within the
DOJ COPS Office to support partnerships between law enforcement
agencies and local educational institutions, which could
include elementary schools, secondary schools, or institutions
of higher education. Competitive grants would be awarded for
workforce investment activities that support substantial
student engagement for the exploration of potential future
career opportunities in law enforcement.
Section 4. COPS Grant Guidance for Agencies Operating Below
Budgeted Strength. This section would create new COPS grant
guidance for understaffed law enforcement agencies.
Section 5. Study on Police Recruitment. This section would
require a Government Accountability Office study on recruitment
and retention trends and challenges law enforcement agencies in
the United States. The study would also evaluate the effects
these latest trends have on public safety, current barriers to
recruitment and retention, and the effects of electronic media
on recruitment efforts.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
* * * * * * *
TITLE I--JUSTICE SYSTEM IMPROVEMENT
* * * * * * *
PART Q--PUBLIC SAFETY AND COMMUNITY POLICING; ``COPS ON THE BEAT''
SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY POLICING
GRANTS.
(a) Grant Authorization.--The Attorney General shall carry
out a single grant program under which the Attorney General
makes grants to States, units of local government, Indian
tribal governments, other public and private entities, and
multi-jurisdictional or regional consortia for the purposes
described in subsection (b).
(b) uses of grant amounts.--The purposes for which grants
made under subsection (a) may be made are--
(1) to rehire law enforcement officers who have been
laid off as a result of State, tribal, or local budget
reductions for deployment in community-oriented
policing;
(2) to hire and train new, additional career law
enforcement officers for deployment in community-
oriented policing across the Nation, including by
prioritizing the hiring and training of veterans (as
defined in section 101 of title 38, United States
Code);
(3) to procure equipment, technology, or support
systems, or pay overtime, to increase the number of
officers deployed in community-oriented policing;
(4) to award grants to pay for offices hired to
perform intelligence, anti-terror, or homeland security
duties;
(5) to increase the number of law enforcement
officers involved in activities that are focused on
interaction with members of the community on proactive
crime control and prevention by redeploying officers to
such activities;
(6) to provide specialized training to law
enforcement officers to enhance their conflict
resolution, mediation, problem solving, service, and
other skills needed to work in partnership with members
of the community;
(7) to increase police participation in
multidisciplinary early intervention teams;
(8) to develop new technologies, including
interoperable communications technologies, modernized
criminal record technology, and forensic technology, to
assist State, tribal, and local law enforcement
agencies in reorienting the emphasis of their
activities from reacting to crime to preventing crime
and to train law enforcement officers to use such
technologies;
(9) to develop and implement innovative programs to
permit members of the community to assist State,
tribal, and local law enforcement agencies in the
prevention of crime in the community, such as a
citizens' police academy, including programs designed
to increase the level of access to the criminal justice
system enjoyed by victims, witnesses, and ordinary
citizens by establishing decentralized satellite
offices (including video facilities) of principal
criminal courts buildings;
(10) to establish innovative programs to reduce, and
keep to a minimum, the amount of time that law
enforcement officers must be away from the community
while awaiting court appearances;
(11) to establish and implement innovative programs
to increase and enhance proactive crime control and
prevention programs involving law enforcement officers
and young persons in the community;
(12) to 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 combat
school-related crime and disorder problems, gangs, and
drug activities, including the training of school
resource officers in the prevention of human
trafficking offenses;
(13) to develop and establish new administrative and
managerial systems to facilitate the adoption of
community-oriented policing as an organization-wide
philosophy;
(14) to assist a State or Indian tribe in enforcing a
law throughout the State or tribal community that
requires that a convicted sex offender register his or
her address with a State, tribal, or local law
enforcement agency and be subject to criminal
prosecution for failure to comply;
(15) to establish, implement, and coordinate crime
prevention and control programs (involving law
enforcement officers working with community members)
with other Federal programs that serve the community
and community members to better address the
comprehensive needs of the community and its members;
(16) to support the purchase by a law enforcement
agency of no more than 1 service weapon per officer,
upon hiring for deployment in community-oriented
policing or, if necessary, upon existing officers'
initial redeployment to community-oriented policing;
(17) to participate in nationally recognized active
shooter training programs that offer scenario-based,
integrated response courses designed to counter active
shooter threats or acts of terrorism against
individuals or facilities;
(18) to provide specialized training to law
enforcement officers to--
(A) recognize individuals who have a mental
illness; and
(B) properly interact with individuals who
have a mental illness, including strategies for
verbal de-escalation of crises;
(19) to establish collaborative programs that enhance
the ability of law enforcement agencies to address the
mental health, behavioral, and substance abuse problems
of individuals encountered by law enforcement officers
in the line of duty;
(20) to provide specialized training to corrections
officers to recognize individuals who have a mental
illness;
(21) to enhance the ability of corrections officers
to address the mental health of individuals under the
care and custody of jails and prisons, including
specialized training and strategies for verbal de-
escalation of crises;
(22) to support hiring activities by law enforcement
agencies experiencing declines in officer recruitment
applications by reducing application-related fees, such
as fees for background checks, psychological
evaluations, and testing;
[(22)] (23) to permit tribal governments receiving
direct law enforcement services from the Bureau of
Indian Affairs to access the program under this section
for use in accordance with paragraphs (1) through
[(21)] (22); and
[(23)] (24) to establish peer mentoring mental health
and wellness pilot programs within State, tribal, and
local law enforcement agencies.
(c) Preferential Consideration of Applications for Certain
Grants.--In awarding grants under this part, the Attorney
General may give preferential consideration, where feasible, to
an application--
(1) for hiring and rehiring additional career law
enforcement officers that involves a non-Federal
contribution exceeding the 25 percent minimum under
subsection (g);
(2) from an applicant in a State that has in effect a
law that--
(A) treats a minor who has engaged in, or has
attempted to engage in, a commercial sex act as
a victim of a severe form of trafficking in
persons;
(B) discourages or prohibits the charging or
prosecution of an individual described in
subparagraph (A) for a prostitution or sex
trafficking offense, based on the conduct
described in subparagraph (A); and
(C) encourages the diversion of an individual
described in subparagraph (A) to appropriate
service providers, including child welfare
services, victim treatment programs, child
advocacy centers, rape crisis centers, or other
social services; or
(3) from an applicant in a State that has in effect a
law--
(A) that--
(i) provides a process by which an
individual who is a human trafficking
survivor can move to vacate any arrest
or conviction records for a non-violent
offense committed as a direct result of
human trafficking, including
prostitution or lewdness;
(ii) establishes a rebuttable
presumption that any arrest or
conviction of an individual for an
offense associated with human
trafficking is a result of being
trafficked, if the individual--
(I) is a person granted
nonimmigrant status pursuant to
section 101(a)(15)(T)(i) of the
Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(T)(i));
(II) is the subject of a
certification by the Secretary
of Health and Human Services
under section 107(b)(1)(E) of
the Trafficking Victims
Protection Act of 2000 (22
U.S.C. 7105(b)(1)(E)); or
(III) has other similar
documentation of trafficking,
which has been issued by a
Federal, State, or local
agency; and
(iii) protects the identity of
individuals who are human trafficking
survivors in public and court records;
and
(B) that does not require an individual who
is a human trafficking survivor to provide
official documentation as described in
subclause (I), (II), or (III) of subparagraph
(A)(ii) in order to receive protection under
the law.
(d) Technical Assistance.--
(1) In general.--The Attorney General may provide
technical assistance to States, units of local
government, Indian tribal governments, and to other
public and private entities, in furtherance of the
purposes of the Public Safety Partnership and Community
Policing Act of 1994.
(2) Model.--The technical assistance provided by the
Attorney General may include the development of a
flexible model that will define for State and local
governments, and other public and private entities,
definitions and strategies associated with community or
problem-oriented policing and methodologies for its
implementation.
(3) Training centers and facilities.--The technical
assistance provided by the Attorney General may include
the establishment and operation of training centers or
facilities, either directly or by contracting or
cooperative arrangements. The functions of the centers
or facilities established under this paragraph may
include instruction and seminars for police executives,
managers, trainers, supervisors, and such others as the
Attorney General considers to be appropriate concerning
community or problem-oriented policing and improvements
in police-community interaction and cooperation that
further the purposes of the Public Safety Partnership
and Community Policing Act of 1994.
(e) Utilization of Components.--The Attorney General may
utilize any component or components of the Department of
Justice in carrying out this part.
(f) Minimum Amount.--Unless all applications submitted by any
State and grantee within the State pursuant to subsection (a)
have been funded, each qualifying State, together with grantees
within the State, shall receive in each fiscal year pursuant to
subsection (a) not less than 0.5 percent of the total amount
appropriated in the fiscal year for grants pursuant to that
subsection. In this subsection, ``qualifying State'' means any
State which has submitted an application for a grant, or in
which an eligible entity has submitted an application for a
grant, which meets the requirements prescribed by the Attorney
General and the conditions set out in this part.
(g) Matching Funds.--The portion of the costs of a program,
project, or activity provided by a grant under subsection (a)
may not exceed 75 percent, unless the Attorney General waives,
wholly or in part, the requirement under this subsection of a
non-Federal contribution to the costs of a program, project, or
activity. In relation to a grant for a period exceeding 1 year
for hiring or rehiring career law enforcement officers, the
Federal share shall decrease from year to year for up to 5
years, looking toward the continuation of the increased hiring
level using State or local sources of funding following the
conclusion of Federal support, as provided in an approved plan
pursuant to section 1702(c)(8).
(h) Allocation of Funds.--The funds available under this part
shall be allocated as provided in section 1001(a)(11)(B).
(i) Termination of Grants for Hiring Officers.--Except as
provided in subsection (j), the authority under subsection (a)
of this section to make grants for the hiring and rehiring of
additional career law enforcement officers shall lapse at the
conclusion of 6 years from the date of enactment of this part.
Prior to the expiration of this grant authority, the Attorney
General shall submit a report to Congress concerning the
experience with and effects of such grants. The report may
include any recommendations the Attorney General may have for
amendments to this part and related provisions of law in light
of the termination of the authority to make grants for the
hiring and rehiring of additional career law enforcement
officers.
(j) Grants to Indian Tribes.--
(1) In general.--Notwithstanding subsection (i) and
section 1703, and in acknowledgment of the Federal
nexus and distinct Federal responsibility to address
and prevent crime in Indian country, the Attorney
General shall provide grants under this section to
Indian tribal governments, for fiscal year 2011 and any
fiscal year thereafter, for such period as the Attorney
General determines to be appropriate to assist the
Indian tribal governments in carrying out the purposes
described in subsection (b).
(2) Priority of funding.--In providing grants to
Indian tribal governments under this subsection, the
Attorney General shall take into consideration
reservation crime rates and tribal law enforcement
staffing needs of each Indian tribal government.
(3) Federal share.--Because of the Federal nature and
responsibility for providing public safety on Indian
land, the Federal share of the cost of any activity
carried out using a grant under this subsection--
(A) shall be 100 percent; and
(B) may be used to cover indirect costs.
(4) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $40,000,000 for each of fiscal years 2011
through 2015.
(k) COPS Anti-Meth Program.--The Attorney General shall use
amounts otherwise appropriated to carry out this section for a
fiscal year (beginning with fiscal year 2019) to make
competitive grants, in amounts of not less than $1,000,000 for
such fiscal year, to State law enforcement agencies with high
seizures of precursor chemicals, finished methamphetamine,
laboratories, and laboratory dump seizures for the purpose of
locating or investigating illicit activities, such as precursor
diversion, laboratories, or methamphetamine traffickers.
(l) Cops Anti-heroin Task Force Program.--The Attorney
General shall use amounts otherwise appropriated to carry out
this section, or other amounts as appropriated, for a fiscal
year (beginning with fiscal year 2019) to make competitive
grants to State law enforcement agencies in States with high
per capita rates of primary treatment admissions, for the
purpose of locating or investigating illicit activities,
through Statewide collaboration, relating to the distribution
of heroin, fentanyl, or carfentanil or relating to the unlawful
distribution of prescription opioids.
(m) Report.--Not later than 180 days after the date of
enactment of this subsection, the Attorney General shall submit
to Congress a report describing the extent and effectiveness of
the Community Oriented Policing (COPS) initiative as applied in
Indian country, including particular references to--
(1) the problem of intermittent funding;
(2) the integration of COPS personnel with existing
law enforcement authorities; and
(3) an explanation of how the practice of community
policing and the broken windows theory can most
effectively be applied in remote tribal locations.
(n) Training in Alternatives to Use of Force, De-Escalation
Techniques, and Mental and Behavioral Health Crises.--
(1) Training curricula.--
(A) In general.--Not later than 180 days
after the date of enactment of this subsection,
the Attorney General shall develop training
curricula or identify effective existing
training curricula for law enforcement officers
and for covered mental health professionals
regarding--
(i) de-escalation tactics and
alternatives to use of force;
(ii) safely responding to an
individual experiencing a mental or
behavioral health or suicidal crisis or
an individual with a disability,
including techniques and strategies
that are designed to protect the safety
of that individual, law enforcement
officers, mental health professionals,
and the public;
(iii) successfully participating on a
crisis intervention team; and
(iv) making referrals to community-
based mental and behavioral health
services and support, housing
assistance programs, public benefits
programs, the National Suicide
Prevention Lifeline, and other
services.
(B) Requirements.--The training curricula
developed or identified under this paragraph
shall include--
(i) scenario-based exercises;
(ii) pre-training and post-training
tests to assess relevant knowledge and
skills covered in the training
curricula; and
(iii) follow-up evaluative
assessments to determine the degree to
which participants in the training
apply, in their jobs, the knowledge and
skills gained in the training.
(C) Consultation.--The Attorney General shall
develop and identify training curricula under
this paragraph in consultation with relevant
law enforcement agencies of States and units of
local government, associations that represent
individuals with mental or behavioral health
diagnoses or individuals with disabilities,
labor organizations, professional law
enforcement organizations, local law
enforcement labor and representative
organizations, law enforcement trade
associations, mental health and suicide
prevention organizations, family advocacy
organizations, and civil rights and civil
liberties groups.
(2) Certified programs and courses.--
(A) In general.--Not later than 180 days
after the date on which training curricula are
developed or identified under paragraph (1)(A),
the Attorney General shall establish a process
to--
(i) certify training programs and
courses offered by public and private
entities to law enforcement officers or
covered mental health professionals
using 1 or more of the training
curricula developed or identified under
paragraph (1), or equivalents to such
training curricula, which may include
certifying a training program or course
that an entity began offering on or
before the date on which the Attorney
General establishes the process; and
(ii) terminate the certification of a
training program or course if the
program or course fails to continue to
meet the standards under the training
curricula developed or identified under
paragraph (1).
(B) Partnerships with mental health
organizations and educational institutions.--
Not later than 180 days after the date on which
training curricula are developed or identified
under paragraph (1)(A), the Attorney General
shall develop criteria to ensure that public
and private entities that offer training
programs or courses that are certified under
subparagraph (A) collaborate with local mental
health organizations to--
(i) enhance the training experience
of law enforcement officers through
consultation with and the participation
of individuals with mental or
behavioral health diagnoses or
disabilities, particularly such
individuals who have interacted with
law enforcement officers; and
(ii) strengthen relationships between
health care services and law
enforcement agencies.
(3) Transitional regional training programs for state
and local agency personnel.--
(A) In general.--During the period beginning
on the date on which the Attorney General
establishes the process required under
paragraph (2)(A) and ending on the date that is
18 months after that date, the Attorney General
shall, and thereafter the Attorney General may,
provide, in collaboration with law enforcement
training academies of States and units of local
government as appropriate, regional training to
equip personnel from law enforcement agencies
of States and units of local government in a
State to offer training programs or courses
certified under paragraph (2)(A).
(B) Continuing education.--The Attorney
General shall develop and implement continuing
education requirements for personnel from law
enforcement agencies of States and units of
local government who receive training to offer
training programs or courses under subparagraph
(A).
(4) List.--Not later than 1 year after the Attorney
General completes the activities described in
paragraphs (1) and (2), the Attorney General shall
publish a list of law enforcement agencies of States
and units of local government employing law enforcement
officers or using covered mental health professionals
who have successfully completed a course using 1 or
more of the training curricula developed or identified
under paragraph (1), or equivalents to such training
curricula, which shall include--
(A) the total number of law enforcement
officers that are employed by the agency;
(B) the number of such law enforcement
officers who have completed such a course;
(C) whether personnel from the law
enforcement agency have been trained to offer
training programs or courses under paragraph
(3);
(D) the total number of covered mental health
professionals who work with the agency; and
(E) the number of such covered mental health
professionals who have completed such a course.
(5) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection--
(A) $3,000,000 for fiscal year 2023;
(B) $20,000,000 for fiscal year 2024;
(C) $10,000,000 for fiscal year 2025; and
(D) $1,000,000 for fiscal year 2026.
(o) Administrative Costs.--Not more than 2 percent of a grant
made for the hiring or rehiring of additional career law
enforcement officers may be used for costs incurred to
administer such grant.
(p) COPS Pipeline Partnership Program.--
(1) Eligible entity defined.--In this subsection, the
term ``eligible entity'' means a law enforcement agency
in partnership with not less than 1 educational
institution, which may include 1 or any combination of
the following:
(A) An elementary school.
(B) A secondary school.
(C) An institution of higher education.
(D) A Hispanic-serving institution.
(E) A historically Black college or
university.
(F) A Tribal college.
(2) Grants.--The Attorney General shall award
competitive grants to eligible entities for recruiting
activities that--
(A) support substantial student engagement
for the exploration of potential future career
opportunities in law enforcement;
(B) strengthen recruitment by law enforcement
agencies experiencing a decline in recruits, or
high rates of resignations or retirements;
(C) enhance community interactions between
local youth and law enforcement agencies that
are designed to increase recruiting; and
(D) otherwise improve the outcomes of local
law enforcement recruitment through activities
such as dedicated programming for students,
work-based learning opportunities, project-
based learning, mentoring, community liaisons,
career or job fairs, work site visits, job
shadowing, apprenticeships, or skills-based
internships.
(3) Funding.--Of the amounts made available to carry
out this part for a fiscal year, the Attorney General
may use not more than $3,000,000 to carry out this
subsection.
* * * * * * *
SEC. 1704. LIMITATION ON USE OF FUNDS.
(a) Nonsupplanting Requirement.--Funds made available under
this part to States or units of local government shall not be
used to supplant State or local funds, or, in the case of
Indian tribal governments, funds supplied by the Bureau of
Indian Affairs, but shall be used to increase the amount of
funds that would, in the absence of Federal funds received
under this part, be made available from State or local sources,
or in the case of Indian tribal governments, from funds
supplied by the Bureau of Indian Affairs.
(b) Non-Federal Costs.--
(1) In general.--States and units of local government
may use assets received through the Assets Forfeiture
equitable sharing program to provide the non-Federal
share of the cost of programs, projects, and activities
funded under this part.
(2) Indian tribal governments.--Funds appropriated by
the Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian
Affairs performing law enforcement functions on any
Indian lands may be used to provide the non-Federal
share of the cost of programs or projects funded under
this part.
(c) Hiring Costs.--Funding provided under this part for
hiring or rehiring a career law enforcement officer may not
exceed $75,000, unless the Attorney General grants a waiver
from this limitation.
(d) Guidance for Understaffed Law Enforcement Agencies.--
(1) Definitions.--In this subsection:
(A) Covered applicant.--The term ``covered
applicant'' means an applicant for a hiring
grant under this part seeking funding for a law
enforcement agency operating below the budgeted
strength of the law enforcement agency.
(B) Budgeted strength.--The term ``budgeted
strength'' means the employment of the maximum
number of sworn law enforcement officers the
budget of a law enforcement agency allows the
agency to employ.
(2) Procedures.--Not later than 180 days after the
date of enactment of this Act, the Attorney General
shall establish consistent procedures for covered
applicants, including guidance that--
(A) clarifies that covered applicants remain
eligible for funding under this part; and
(B) enables covered applicants to attest that
the funding from a grant awarded under this
part is not being used by the law enforcement
agency to supplant State or local funds, as
described in subsection (a).
(3) Paperwork reduction.--In developing the
procedures and guidance under paragraph (2), the
Attorney General shall take measures to reduce
paperwork requirements for grants to covered
applicants.
* * * * * * *