H.R. 4276 (108th): Rural Safety and Law Enforcement Improvement Act

108th Congress, 2003–2004. Text as of May 05, 2004 (Introduced).

Status & Summary | PDF | Source: GPO

I

108th CONGRESS

2d Session

H. R. 4276

IN THE HOUSE OF REPRESENTATIVES

May 5, 2004

introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To promote rural safety and improve rural law enforcement.

1.

Short title

This Act may be cited as the .

I

Small community law enforcement improvement grants

101.

Small community grant program

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

(1)

In general

The Attorney General may make grants to units of local government and tribal governments located outside a Standard Metropolitan Statistical Area, which grants shall be targeted specifically for the retention for 1 additional year of police officers funded through the COPS Universal Hiring Program, the COPS FAST Program, the Tribal Resources Grant Program-Hiring, or the COPS in Schools Program.

(2)

Preference

In making grants under this subsection, the Attorney General shall give 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 described in paragraph (1).

(3)

Limit on grant amounts

The total amount of a grant made under this subsection shall not exceed 20 percent of the original grant to the grantee.

(4)

Authorization of appropriations

(A)

In general

There are authorized to be appropriated to carry out this subsection $15,000,000 for each of fiscal years 2005 through 2009.

(B)

Set-aside

Of the amount made available for grants under this subsection for each fiscal year, 10 percent shall be awarded to tribal governments.

.

102.

Small community technology grant program

Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended by striking subsection (k) and inserting the following:

(k)

Law enforcement technology program

(1)

In general

Grants under subsection (a)(1)(C) may be made and used in accordance with this subsection to assist the police departments of units of local government and tribal governments located outside a Standard Metropolitan Statistical Area in employing professional, scientific, and technological advancements that will help those police departments to—

(A)

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 and operate more effectively; and

(B)

develop and improve access to crime solving technologies, including DNA analysis, photo enhancement, voice recognition, and other forensic capabilities.

(2)

Cost share requirement

A recipient of a grant made and used in accordance with this subsection shall provide matching funds from non-Federal sources in an amount equal to not less than 10 percent of the total amount of the grant made under this subsection, subject to a waiver by the Attorney General for extreme hardship.

(3)

Administration

The office of the Department of Justice responsible for administering subsection (a)(1)(C) shall administer the grant program under this subsection.

(4)

No supplanting

Federal funds provided under this subsection shall be used to supplement and not to supplant local funds allocated to technology.

(5)

Authorization of appropriations

(A)

In general

There are authorized to be appropriated $40,000,000 for each of fiscal years 2005 through 2009 to carry out this subsection.

(B)

Set-aside

Of the amount made available for grants under this subsection for each fiscal year, 10 percent shall be awarded to tribal governments.

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103.

Rural 9–1–1 service

(a)

Purpose

The purpose of this section is to provide access to, and improve a communications infrastructure that will ensure a reliable and seamless communication between, law enforcement, fire, and emergency medical service providers in units of local government and tribal governments located outside a Standard Metropolitan Statistical Area and in States.

(b)

Authority to make grants

The Office of Justice Programs of the Department of Justice shall make grants, in accordance with such regulations as the Attorney General may prescribe, to units of local government and tribal governments located outside a Standard Metropolitan Statistical Area for the purpose of establishing or improving 9–1–1 service in those communities. Priority in making grants under this section shall be given to communities that do not have 9–1–1 service.

(c)

Definition

In this section, the term 9–1–1 service refers to telephone service that has designated 9–1–1 as a universal emergency telephone number in the community served for reporting an emergency to appropriate authorities and requesting assistance.

(d)

Limit on grant amount

The total amount of a grant made under this section shall not exceed $250,000.

(e)

Funding

(1)

In general

There are authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2005, to remain available until expended.

(2)

Set-aside

Of the amount made available for grants under this section, 10 percent shall be awarded to tribal governments.

II

Cracking down on methamphetamine

201.

Methamphetamine treatment programs in rural areas

Subpart I of part B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.) is amended by inserting after section 509 the following:

510A.

Methamphetamine treatment programs in rural areas

(a)

In general

The Secretary, acting through the Director of the Center for Substance Abuse Treatment, shall make grants to community-based public and nonprofit private entities for the establishment of substance abuse (particularly methamphetamine) prevention and treatment pilot programs in units of local government and tribal governments located outside a Standard Metropolitan Statistical Area.

(b)

Administration

Grants made in accordance with this section shall be administered by a single State agency designated by a State to ensure a coordinated effort within that State.

(c)

Application

To be eligible to receive a grant under subsection (a), a public or nonprofit private entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(d)

Use of funds

A recipient of a grant under this section shall use amounts received under the grant to establish a methamphetamine abuse prevention and treatment pilot program that serves one or more rural areas. Such a pilot program shall—

(1)

have the ability to care for individuals on an in-patient basis;

(2)

have a social detoxification capability, with direct access to medical services within 50 miles;

(3)

provide neuro-cognitive skill development services to address brain damage caused by methamphetamine use;

(4)

provide after-care services, whether as a single-source provider or in conjunction with community-based services designed to continue neuro-cognitive skill development to address brain damage caused by methamphetamine use;

(5)

provide appropriate training for the staff employed in the program; and

(6)

use scientifically-based best practices in substance abuse treatment, particularly in methamphetamine treatment.

(e)

Amount of grants

The amount of a grant under this section shall be at least $19,000 but not greater than $100,000.

(f)

Authorization of appropriations

(1)

In general

There is authorized to be appropriated $2,000,000 to carry out this section.

(2)

Set-aside

Of the amount made available for grants under this section, 10 percent shall be awarded to tribal governments to ensure the provision of services under this section.

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202.

Methamphetamine prevention education

Section 519E of the Public Health Service Act (42 U.S.C. 290bb–25e) is amended—

(1)

in subsection (c)(1)—

(A)

in subparagraph (F), by striking and at the end;

(B)

in subparagraph (G), by striking the period and inserting ; and; and

(C)

by adding at the end the following:

(H)

to fund programs that educate rural communities, particularly parents, teachers, and others who work with youth, concerning the early signs and effects of methamphetamine use, however, as a prerequisite to receiving funding, these programs shall—

(i)

prioritize methamphetamine prevention and education;

(ii)

have past experience in community coalition building and be part of an existing coalition that includes medical and public health officials, educators, youth-serving community organizations, and members of law enforcement;

(iii)

utilize professional prevention staff to develop research and science based prevention strategies for the community to be served;

(iv)

demonstrate the ability to operate a community-based methamphetamine prevention and education program;

(v)

establish prevalence of use through a community needs assessment;

(vi)

establish goals and objectives based on a needs assessment; and

(vii)

demonstrate measurable outcomes on a yearly basis.

;

(2)

in subsection (e)—

(A)

by striking subsection (a), $10,000,000 and inserting

subsection (a)—

(1)

$10,000,000

;

(B)

by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(2)

$5,000,000 for each of fiscal years 2005 through 2009 to carry out the programs referred to in subsection (c)(1)(H).

; and

(3)

by adding at the end the following:

(f)

Set-Aside

Of the amount made available for grants under this section, 10 percent shall be used to assist tribal governments.

(g)

Amount of grants

The amount of a grant under this section, with respect to each rural community involved, shall be at least $19,000 but not greater than $100,000.

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203.

Methamphetamine cleanup

(a)

In general

The Attorney General shall, through the Department of Justice or through grants to States or units of local government and tribal governments located outside a Standard Metropolitan Statistical Area, in accordance with such regulations as the Attorney General may prescribe, provide for—

(1)

the cleanup of methamphetamine laboratories and related hazardous waste in units of local government and tribal governments located outside a Standard Metropolitan Statistical Area; and

(2)

the improvement of contract-related response time for cleanup of methamphetamine laboratories and related hazardous waste in units of local government and tribal governments located outside a Standard Metropolitan Statistical Area by providing additional contract personnel, equipment, and facilities.

(b)

Authorization of appropriations

(1)

In general

There is authorized to be appropriated $20,000,000 for fiscal year 2005 to carry out this section.

(2)

Funding additional

Amounts authorized by this section are in addition to amounts otherwise authorized by law.

(3)

Set-aside

Of the amount made available for grants under this section, 10 percent shall be awarded to tribal governments.

204.

Payment for cleanup of former methamphetamine laboratories using Department of the Treasury Forfeiture Fund

(a)

In general

Chapter 97 of title 31, United States Code, is amended–

(1)

by redesignating section 9703 (as added by Public Law 103–62) as section 9703A;

(2)

by transferring section 9703 (as added by Public Law 102–393) so as to appear after section 9702;

(3)

by amending section 9703 (as so transferred) in subsection (a)(1) by adding at the end the following:

(K)

Payment for the costs of experts and consultants needed to clean up an area formerly used as a methamphetamine laboratory, subject to the following:

(i)

If the area is located on public property, payment for such costs shall be made to the designated State, local, or tribal law enforcement, environmental, or health entity.

(ii)

If the area is located on private property, payment under this subparagraph may not be made for more than 90 percent of such costs, and may be made only if the property owner—

(I)

did not, before law enforcement action to close the laboratory, have actual knowledge that the laboratory was located on the property; or

(II)

notified an appropriate law enforcement agency about the laboratory not later than 24 hours after gaining actual knowledge that the laboratory was located on the property.

; and

(4)

in the table of contents at the beginning of such chapter—

(A)

by redesignating the item relating to section 9703 (as added by Public Law 103–62) as section 9703A; and

(B)

by transferring the item relating to section 9703 (as added by Public Law 102–393) so as to appear after the item relating to section 9702.

(b)

Conforming amendments

The following provisions are each amended by striking 9703 and inserting 9703A:

(1)

Sections 1115(f), 1116(d)(4), 1118(c)(3), 1119(d)(4), and 9704(b) of title 31, United States Code.

(2)

Section 11315(c)(3) of title 40, United States Code.

205.

Authorization of appropriations relating to COPS grants

(a)

In general

In addition to any other funds authorized to be appropriated for fiscal year 2005 for grants under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.), known as the COPS program, there is authorized to be appropriated $20,000,000 for such purpose to provide training to State and local prosecutors and law enforcement agents for prosecution of methamphetamine offenses.

(b)

Rural set-aside

Of amounts made available pursuant to subsection (a), $5,000,000 shall be available only for prosecutors and law enforcement agents for rural communities.

(c)

DEA reimbursement

Of amounts made available pursuant to subsection (a), $2,000,000 shall be available only to reimburse the Drug Enforcement Administration for existing training expenses.

206.

Expansion of methamphetamine hot spots program to include personnel and equipment for enforcement, prosecution, and environmental cleanup

Section 1701(d) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amended—

(1)

in paragraph (10) by striking and at the end;

(2)

in paragraph (11) by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following new paragraph:

(12)

hire personnel and purchase equipment for areas located outside a Standard Metropolitan Statistical Area to assist in the enforcement and prosecution of methamphetamine offenses and the environmental cleanup of methamphetamine-affected areas.

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III

Law enforcement training

301.

Small town and rural training program

(a)

In general

There is established a Rural Policing Institute, which shall be administered by the National Center for State and Local Law Enforcement Training of the Federal Law Enforcement Training Center (FLETC) as part of the Small Town and Rural Training (STAR) Program to—

(1)

assess the needs of law enforcement in units of local government and tribal governments located outside a Standard Metropolitan Statistical Area;

(2)

develop and deliver export training programs regarding topics such as drug enforcement, airborne counterdrug operations, domestic violence, hate and bias crimes, computer crimes, law enforcement critical incident planning related to school shootings, and other topics identified in the training needs assessment to law enforcement officers in units of local government and tribal governments located outside a Standard Metropolitan Statistical Area; and

(3)

conduct outreach efforts to ensure that training programs under the Rural Policing Institute reach law enforcement officers in units of local government and tribal governments located outside a Standard Metropolitan Statistical Area.

(b)

Authorization of appropriations

(1)

In general

There are authorized to be appropriated $10,000,000 for fiscal year 2005, and $5,000,000 for each of fiscal years 2006 through 2009, to carry out this section, including contracts, staff, and equipment.

(2)

Set-aside

Of the amount made available for grants under this section for each fiscal year, 10 percent shall be awarded to tribal governments.