[DOCID: f:hr150.110]
From the House Reports Online via GPO Access
[wais.access.gpo.gov]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-150
======================================================================
COPS IMPROVEMENTS ACT OF 2007
_______
May 14, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1700]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 1700) to amend the Omnibus Crime Control and Safe Streets
Act of 1968 to enhance the COPS ON THE BEAT grant program, 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
The Amendment.................................................... 2
Purpose and Summary.............................................. 5
Background and Need for the Legislation.......................... 6
Hearings......................................................... 7
Committee Consideration.......................................... 7
Committee Votes.................................................. 8
Committee Oversight Findings..................................... 8
New Budget Authority and Tax Expenditures........................ 8
Congressional Budget Office Cost Estimate........................ 8
Performance Goals and Objectives................................. 10
Constitutional Authority Statement............................... 10
Advisory on Earmarks............................................. 10
Section-by-Section Analysis...................................... 10
Changes in Existing Law Made by the Bill, as Reported............ 11
Additional Views................................................. 19
The Amendment
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 ``COPS Improvements Act of 2007''.
SEC. 2. COPS GRANT IMPROVEMENTS.
(a) In General.--Section 1701 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Grant Authorization.--The Attorney General shall carry out
grant programs under which the Attorney General makes grants to States,
units of local government, Indian tribal governments, other public and
private entities, multi-jurisdictional or regional consortia, and
individuals for the purposes described in subsections (b), (c), (d),
and (e).'';
(2) in subsection (b)--
(A) by striking the subsection heading text and
inserting ``Community Policing and Crime Prevention
Grants'';
(B) in paragraph (3), by striking ``, to increase the
number of officers deployed in community-oriented
policing'';
(C) by amending paragraph (4) to read as follows:
``(4) award grants to pay for or train officers hired to
perform intelligence, anti-terror, or homeland security
duties;''.
(D) by inserting after paragraph (4) the following:
``(5) award grants to hire school resource officers and to
establish school-based partnerships between local law
enforcement agencies and local school systems to combat crime,
gangs, drug activities, and other problems in and around
elementary and secondary schools;'';
(E) by striking paragraph (9);
(F) by redesignating paragraphs (10) through (12) as
paragraphs (9) through (11), respectively;
(G) by striking paragraph (13);
(H) by redesignating paragraphs (14) through (17) as
paragraphs (12) through (15), respectively;
(I) in paragraph (14), as so redesignated, by
striking ``and'' at the end;
(J) in paragraph (15), as so redesignated, by
striking the period at the end and inserting a
semicolon; and
(K) by adding at the end the following:
``(16) establish and implement innovative programs to reduce
and prevent illegal drug manufacturing, distribution, and use,
including the manufacturing, distribution, and use of
methamphetamine;
``(17) establish criminal gang enforcement task forces,
consisting of members of Federal, State, and local law
enforcement authorities (including Federal, State, and local
prosecutors), for the coordinated investigation, disruption,
apprehension, and prosecution of criminal gangs and offenders
involved in local or multi-jurisdictional gang activities; and
``(18) award enhancing community policing and crime
prevention grants that meet emerging law enforcement needs, as
warranted.'';
(3) by striking subsection (c);
(4) by striking subsections (h) and (i);
(5) by redesignating subsections (d) through (g) as
subsections (f) through (i), respectively;
(6) by inserting after subsection (b) the following:
``(c) Troops-to-Cops Programs.--
``(1) In general.--Grants made under subsection (a) may be
used to hire former members of the Armed Forces to serve as
career law enforcement officers for deployment in community-
oriented policing, particularly in communities that are
adversely affected by a recent military base closing.
``(2) Definition.--In this subsection, `former member of the
Armed Forces' means a member of the Armed Forces of the United
States who has been honorably discharged from the Armed Forces
of the United States.
``(d) Community Prosecutors Program.--The Attorney General may make
grants under subsection (a) to pay for additional community prosecuting
programs, including programs that assign prosecutors to--
``(1) handle cases from specific geographic areas; and
``(2) address counter-terrorism problems, specific violent
crime problems (including intensive illegal gang, gun, and drug
enforcement and quality of life initiatives), and localized
violent and other crime problems based on needs identified by
local law enforcement agencies, community organizations, and
others.
``(e) Technology Grants.--The Attorney General may make grants under
subsection (a) to develop and use new technologies (including
interoperable communications technologies, modernized criminal record
technology, and forensic technology) to assist State 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.'';
(7) in subsection (f), as so redesignated--
(A) in paragraph (1), by striking ``to States, units
of local government, Indian tribal governments, and to
other public and private entities,'';
(B) in paragraph (2), by striking ``define for State
and local governments, and other public and private
entities,'' and inserting ``establish'';
(C) in the first sentence of paragraph (3), by
inserting ``(including regional community policing
institutes)'' after ``training centers or facilities'';
and
(D) by adding at the end the following:
``(4) Exclusivity.--The Office of Community Oriented Policing
Services shall be the exclusive component of the Department of
Justice to perform the functions and activities specified in
this paragraph.'';
(8) in subsection (g), as so redesignated, by striking ``may
utilize any component'', and all that follows and inserting
``shall use the Office of Community Oriented Policing Services
of the Department of Justice in carrying out this part.'';
(9) in subsection (h), as so redesignated--
(A) by striking ``subsection (a)'' the first place
that term appears and inserting ``paragraphs (1) and
(2) of subsection (b)''; and
(B) by striking ``in each fiscal year pursuant to
subsection (a)'' and inserting ``in each fiscal year
for purposes described in paragraph (1) and (2) of
subsection (b)'';
(10) in subsection (i), as so redesignated--
(A) by striking ``the Federal share shall decrease
from year to year for up to 5 years'' and inserting
``unless the Attorney General waives the non-Federal
contribution requirement as described in the preceding
sentence, the non-Federal share of the costs of hiring
or rehiring such officers may be less than 25 percent
of such costs for any year during the grant period,
provided that the non-Federal share of such costs shall
not be less than 25 percent in the aggregate for the
entire grant period, but the State or local government
should make an effort to increase the non-Federal share
of such costs during the grant period''; and
(B) by adding at the end the following new sentence:
``The preceding sentences shall not apply with respect
to any program, project, or activity provided by a
grant made pursuant to subsection (b)(4).''; and
(11) by adding at the end the following:
``(j) Retention of Additional Officer Positions.--For any grant under
paragraph (1) or (2) of subsection (b) for hiring or rehiring career
law enforcement officers, a grant recipient shall retain each
additional law enforcement officer position created under that grant
for not less than 12 months after the end of the period of that grant,
unless the Attorney General waives, wholly or in part, the retention
requirement of a program, project, or activity.''.
(b) Applications.--Section 1702 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd-1) is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
inserting ``, unless waived by the Attorney General''
after ``under this part shall''; and
(B) in paragraph (8), by striking ``share of the
cost'' and all that follows and inserting ``share of
the costs during the grant period, how the applicant
will maintain the increased hiring level of the law
enforcement officers, and how the applicant will
eventually assume responsibility for all of the costs
for such officers;''; and
(2) by striking subsection (d).
(c) Renewal of Grants.--Section 1703 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended to read as
follows:
``SEC. 1703. RENEWAL OF GRANTS.
``(a) In General.--Except as provided in subsection (b), a grant made
under this part may be renewed, without limitations on the duration of
such renewal, to provide additional funds if the Attorney General
determines that the funds made available to the recipient were used in
a manner required under an approved application and if the recipient
can demonstrate significant progress in achieving the objectives of the
initial application.
``(b) Grants for Hiring.--Grants made under this part for hiring or
rehiring additional career law enforcement officers may be renewed for
up to 5 years, except that the Attorney General may waive such 5-year
limitation for good cause.
``(c) No Cost Extensions.--Notwithstanding subsections (a) and (b),
the Attorney General may extend a grant period, without limitations as
to the duration of such extension, to provide additional time to
complete the objectives of the initial grant award.''.
(d) Limitation on Use of Funds.--Section 1704 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-3) is amended--
(1) in subsection (a)--
(A) by striking ``that would, in the absence of
Federal funds received under this part, be made
available from State or local sources'' and inserting
``that the Attorney General determines would, in the
absence of Federal funds received under this part, be
made available for the purpose of the grant under this
part from State or local sources''; and
(B) by adding at the end the following new sentence:
``The preceding sentence shall not apply with respect
to funds made available under this part by a grant made
pursuant to subsection (a) for the purposes described
in subsection (b)(4).''; and
(2) by striking subsection (c).
(e) Study of Program Effectiveness.--Section 1705 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-4) is
amended by adding at the end the following new subsection:
``(d) Study of Program Effectiveness.--
``(1) In general.--The Attorney General shall provide for a
scientific study of the effectiveness of the programs,
projects, and activities funded under this part in reducing
crime.
``(2) Study.--The Attorney General shall select one or more
institutions of higher education, including historically Black
colleges and universities, to conduct the study described in
paragraph (1).
``(3) Reports.--Not later than 4 years after the date of the
enactment of the COPS Improvements Act of 2007, the institution
or institutions selected under paragraph (2) shall report the
findings of the study described in paragraph (1) to the
Attorney General. Not later than 30 days after the receipt of
such report, the Attorney General shall report such findings to
the appropriate committees of Congress, along with any
recommendations the Attorney General may have relating to the
effectiveness of the programs, projects, and activities funded
under this part in reducing crime.''.
(f) Enforcement Actions.--Section 1706 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd-5) is amended--
(1) in the section heading, by striking ``<SUP>revocation</SUP>
or</SUP> suspension</SUP> of</SUP> funding</SUP>'' and
inserting ``<SUP>enforcement</SUP> actions</SUP>''; and
(2) by striking ``revoke or suspend'' and all that follows
and inserting ``take any enforcement action available to the
Department of Justice.''.
(g) Definitions.--Section 1709(1) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd-8(1)) is amended by
inserting ``who is a sworn law enforcement officer'' after ``permanent
basis''.
(h) Authorization of Appropriations.--Section 1001(a)(11) 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 ``1,047,119,000 for each
of fiscal years 2006 through 2009'' and inserting
``1,150,000,000 for each of fiscal years 2008 through 2013'';
and
(2) in subparagraph (B)--
(A) in the first sentence, by striking ``3 percent
may be used for technical assistance under section
1701(d)'' and inserting ``5 percent may be used for
technical assistance under section 1701(f)''; and
(B) by striking the second sentence and inserting the
following: ``Of the funds available for grants under
part Q, not less than $600,000,000 shall be used for
grants for the purposes specified in section 1701(b),
not more than $200,000,000 shall be used for grants
under section 1701(d), and not more than $350,000,000
shall be used for grants under section 1701(e).''.
(i) Purposes.--Section 10002 of the Public Safety Partnership and
Community Policing Act of 1994 (42 U.S.C. 3796dd note) is amended--
(1) in paragraph (4), by striking ``development'' and
inserting ``use''; and
(2) in the matter following paragraph (4), by striking ``for
a period of 6 years''.
(j) COPS Program Improvements.--
(1) In general.--Section 109(b) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3712h(b)) is amended--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(C) in paragraph (2), as so redesignated, by
inserting ``, except for the program under part Q of
this title'' before the period.
(2) Law enforcement computer systems.--Section 107 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3712f) is amended by adding at the end the following:
``(c) Exception.--This section shall not apply to any grant made
under part Q of this title.''.
SEC. 3. REPORT BY INSPECTOR GENERAL REQUIRED.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Inspector General of the Department of Justice shall
submit to Congress a report on the Public Safety and Community Policing
(``COPS ON THE BEAT'') grant program authorized by part Q of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd et seq.), including the elements described in subsection (b).
(b) Elements of Report.--The report submitted under subsection (a)
shall include information on the following, with respect to the grant
program described in such subsection:
(1) The effect of the program on the rate of violent crime,
drug offenses, and other crimes.
(2) The degree to which State and local governments awarded a
grant under the program contribute State and local funds,
respectively, for law enforcement programs and activities.
(3) Any waste, fraud, or abuse within the program.
(c) Random Sampling Required.--For purposes of subsection (a), the
Inspector General of the Department of Justice shall audit and review a
random sampling of State and local law enforcement agencies. Such
sampling shall include--
(1) law enforcement agencies of various sizes;
(2) law enforcement agencies that serve various populations;
and
(3) law enforcement agencies that serve areas of various
crime rates.
Purpose and Summary
The Justice Department's Office of Community Oriented
Policing Services (``COPS Office'') promotes community policing
by funding efforts by State and local authorities intended to
put law enforcement professionals where they are most needed--
on the streets--so they can build mutually beneficial
relationships with the people they serve. COPS helps
communities better utilize their law enforcement professionals
to make our Nation safer.
H.R. 1700, the ``COPS Improvements Act of 2007,''
reauthorizes the COPS Office and reinvigorates its ability to
accomplish its critical mission by establishing three grant
programs: (1) the Troops-to-Cops Program, (2) the Community
Prosecutors Program, and (3) the Technology Grants Program. The
Troops-to-Cops Program would fund the hiring of former members
of the Armed Forces to serve as law enforcement officers in
community-oriented policing, particularly in communities
adversely affected by recent military base closings. The
Community Prosecutors Program would authorize the Attorney
General to make grants for additional community prosecuting
programs that would, for example, assign prosecutors to pursue
cases from specific geographic areas and to deal with localized
violent crime, among other crimes. The Technology Grants
Program would authorize the Attorney General to make grants to
develop and use new technologies to assist State and local law
enforcement agencies reorient some of their efforts from
reacting to crime to preventing crime.
Background and Need for the Legislation
ESTABLISHMENT OF THE COPS OFFICE
A component of the Department of Justice, the COPS Office
was established pursuant to the Violent Crime Control and Law
Enforcement Act of 1994 (Crime Control Act) \1\ and was
thereafter reauthorized as part of the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (VAWA
Reauthorization Act).\2\
---------------------------------------------------------------------------
\1\ Pub. L. No. 103-322 (1994).
\2\ Pub. L. No. 109-162 (2006).
---------------------------------------------------------------------------
The COPS Office's mission is to ``[a]dvance the practice of
community policing as an effective strategy in communities'
efforts to improve public safety.'' \3\ It accomplishes this
critical objective by awarding grants to State, local, and
tribal law enforcement agencies throughout the United States so
they can hire and train law enforcement officers to participate
in community policing, purchase and deploy new crime-fighting
technologies, and develop and test innovative policing
strategies. Since 1995, the COPS Office has awarded more than
$11.4 billion to approximately 13,000 law enforcement agencies
across the United States. As of the end of fiscal year 2004,
the COPS Office has funded more than 118,000 community policing
programs.
---------------------------------------------------------------------------
\3\ U.S. Dep't of Justice--Office of Community Oriented Policing
Services, Mission, at http://www.cops.usdoj.gov/Default.asp?Item=35.
---------------------------------------------------------------------------
In 1995, the first fiscal year of its operation, the COPS
Office was appropriated $1.3 billion. In the next few years,
the agency received modest increases. In fiscal year 2000,
however, its funding was dramatically reduced by more than half
to $595 million. The Administration's current funding request
for fiscal year 2008 (in the approximate amount of $38 million)
represents a further drastic reduction.
VIOLENT CRIME TRENDS
During the 1990's, the crime rate for all categories of
crime and in all parts of the United States dropped
dramatically. For example, homicide rates in 2001 had plunged
43% from their peak in 1991, reaching their lowest level in 35
years. The same trend was seen in every major crime category.
After a decade of decline, however, violent crime is now
increasing in many cities across the Nation. According to the
Federal Bureau of Investigation (FBI), crime in the United
States increased in the first half of 2006 by 3.7% compared to
the previous year. During this period, murder increased by
1.4%, and robbery increased by 9.7%. In addition, a report
released by the Police Executive Research Forum earlier this
year identified a dramatic increase in violent crime among 56
jurisdictions surveyed. The Forum survey reported a 12.27%
increase in robberies and a 10.21% increase in homicides.
Although national crime rates are rising, the FBI is in the
process of re-directing its agents to focus more on pursuing
counterterrorism efforts rather than investigating local
crimes. Local law enforcement officials have been left to their
own devices to fill the gaps that have been created as a result
of the FBI's reassignment of these agents.
H.R. 1700 addresses the escalation in violent crime and
increasing void in law enforcement resources created by the
FBI's realignment of its priorities in several respects. First,
it establishes hiring grants for community policing officers,
anti-terror officers, and school resource officers, as well as
other public safety grants that may be awarded. It also
provides incentives for local law enforcement agencies to
establish and implement innovative programs to reduce and
prevent the manufacturing, distribution, and use of illegal
drugs, including methamphetamine.
Second, H.R. 1700 re-authorizes the Troops-to-COPS Program,
which awards grants designed to hire former members of the
Armed Forces as career law enforcement officers. Initially
authorized as part of the Crime Control Act in 1994, this
Program was eliminated in the VAWA Reauthorization Act in 2005.
Third, H.R. 1700 establishes a Community Prosecutors
Program to pay for additional community programs to assist
prosecutors in pursuing cases from specific geographic areas
and address counter-terror matters, specific violent crime
problems, and localized violent crimes, as well as other
crimes.
Fourth, H.R. 1700 creates a Technology Grants Program to
award grants for the purpose of developing and using new
technologies, including interoperable communications
technologies, modernized criminal records technology, and
forensic technology, to assist State and local law enforcement
agencies in reorienting more of the emphasis of their
activities from reacting to crime to preventing crime. The
grants would also be used to train law enforcement officers in
how to use such technologies.
Finally, to implement these reforms, the bill authorizes
$1.15 billion per year in grants over the course of the next
five fiscal years. It also increases the portion available for
training and technical assistance from 3% to 5%, and specifies
certain amounts to be made available for hiring officers ($600
million), hiring prosecutors ($200 million), and technology
grants ($350 million).
Hearings
The Committee's Subcommittee on Crime, Terrorism, and
Homeland Security held 1 day of hearings on H.R. 1700 on April
24, 2007. Testimony was received from Laurie Robinson,
Director, Master of Science Program, Department of Criminology
at the University of Pennsylvania; Douglas H. Palmer, Mayor of
Trenton, New Jersey and President of the United States
Conference of Mayors; Edmund H. Mosca, Chief of Police, Old
Saybrook Department of Police Services, Old Saybrook,
Connecticut; Kamala D. Harris, District Attorney, City of San
Francisco, California; Mark Epley, Senior Counsel, Office of
the Deputy Attorney General, United States Department of
Justice; and John Monaghan, Consultant, New York City Law
Department.
Committee Consideration
On April 26, 2007, the Subcommittee on Crime, Terrorism,
and Homeland Security met in open session and ordered the bill,
H.R. 1700, favorably reported by voice vote, a quorum being
present. On May 2, 2007, the Committee met in open session and
ordered the bill, H.R. 1700, favorably reported with an
amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 1700.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, 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
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 1700, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 4, 2007.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1700, the COPS
Improvements Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Peter R. Orszag,
Director.
Enclosure
cc:
Honorable Lamar S. Smith.
Ranking Member
H.R. 1700--COPS Improvements Act of 2007.
SUMMARY
H.R. 1700 would make many changes to the laws relating to
the distribution and permitted uses of Community Oriented
Policing Services (COPS) grants and would increase the
authorization level for this program from $1.047 billion
annually to $1.15 billion annually through fiscal year 2013
(funding for this program is currently authorized through
2009). Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 1700 would cost $1.5 billion
over the 2008-2012 period, with additional amounts spent after
2012. Enacting the bill would not affect direct spending or
receipts.
H.R. 1700 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on State, local, or tribal
governments.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H.R. 1700 is shown in the
following table. For this estimate, CBO assumes that the
authorized amounts will be appropriated by the beginning of
each fiscal year, starting with fiscal year 2008, and that
outlays will follow the historical spending rates for these
activities. We also assume that there will be no additional
appropriations enacted for fiscal year 2007 for the COPS
program. The cost of this legislation falls within budget
function 750 (administration of justice).
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2007 2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law for COPS Grants
Budget Authority/Authorization Level\1\ 542 1,047 1,047 0 0 0
Estimated Outlays 749 644 717 721 553 366
Proposed Changes
Authorization Level 0 103 103 1,150 1,150 1,150
Estimated Outlays 0 12 41 193 506 784
Spending Under H.R. 1700 for COPS Grants
Budget Authority/Authorization Level 542 1,150 1,150 1,150 1,150 1,150
Estimated Outlays 749 656 758 914 1,059 1,150
----------------------------------------------------------------------------------------------------------------
1. The 2007 level is the amount appropriated for that year for COPS grants. The levels shown for 2008 and 2009
are the amounts authorized by current law.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
H.R. 1700 contains no intergovernmental or private-sector
mandates as defined in UMRA and would impose no costs on State,
local, or tribal governments. It would alter a program
available to those governments for buying equipment, using law
enforcement technology, and hiring more police officers. It
also would increase the authorization level for fiscal years
2008 and 2009 and would authorize funding for fiscal years 2010
through 2013. Assuming the appropriation of authorized amounts,
those governments would receive about $4.5 billion over the
2008-2012 period. Any costs to those governments would be
incurred voluntarily as a condition of receiving federal
assistance.
PREVIOUS CBO ESTIMATE
On March 21, 2007, CBO transmitted a cost estimate for S.
368, the COPS Improvements Act of 2007, as ordered reported by
the Senate Committee on the Judiciary on March 15, 2007. That
bill would increase the authorization level for the COPS
program to $1.15 billion annually through 2009, and we
estimated that implementing S. 368 would cost $190 million over
the 2007-2012 period.
ESTIMATE PREPARED BY:
Federal Costs: Mark Grabowicz (226-2860)
Impact on State, Local, and Tribal Governments: Melissa Merrell
(225-3220)
Impact on the Private Sector: Amy Petz (226-2940)
ESTIMATE APPROVED BY:
Peter H. Fontaine
Deputy Assistant Director for Budget Analysis
[insert CBO estimate]
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
goal of H.R. 1700 is to lower national crime rates by expanding
the authority of the Attorney General to make grants for public
safety and community policing.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8 of the Constitution.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 1700 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short title. Section 1 sets forth the short title
of the bill as the ``COPS Improvements Act of 2007.''
Sec. 2. Cops Grants Improvements. Section 2 makes several
amendments to the Omnibus Crime Control and Safe Streets Act of
1968 regarding public safety and community policing grants and
authorizes the Attorney General to carry out the grant programs
through fiscal year 2013.
It establishes hiring grants for community policing
officers, anti-terror officers and school resource officers, as
well as other public safety grants. It also provides incentives
for local law enforcement agencies to establish and implement
innovative programs to reduce and prevent the manufacture,
distribution, and use of illegal drugs, including
methamphetamine.
Section 2 also establishes the Troops-to-COPS Program,
which awards grants designed to hire former members of the
Armed Forces as career law enforcement officers. In addition,
section 2 establishes a Community Prosecutors Program to pay
for additional community programs to assist prosecutors in
pursuing cases from specific geographic areas and address
counter-terror matters, specific violent crime problems, and
localized violent crimes, as well as other crimes. Section 2
further creates a Technology Grants Program to award grants for
the purpose of developing and using new technologies, including
interoperable communications technologies, modernized criminal
record technology, and forensic technology, to assist State and
local law enforcement agencies in reorienting more of the
emphasis of their activities from reacting to crime to
preventing crime. The grants would also be used to train law
enforcement officers in how to use such technologies.
To implement these reforms, section 2 authorizes $1.15
billion per year in grants over the course of the next five
fiscal years. It also increases the portion available for
training and technical assistance from 3% to 5%, and specifies
certain amounts to be made available for hiring officers ($600
million), hiring prosecutors ($200 million), and technology
grants ($350 million).
Sec. 3. Report by DOJ Inspector General Required. Section 3
requires the Department of Justice's Inspector General to
submit a report to Congress within 180 days of the date of
enactment of the Act on the effect of the COPS program in
reducing the rate of violent crime.
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, existing law in which no change
is proposed is shown in roman):
<greek-l>TITLE deg.OMNIBUS CRIME CONTROL AND
SAFE STREETS ACT OF 1968
* * * * * * *
TITLE I--JUSTICE SYSTEM IMPROVEMENT
Part A--Office of Justice Programs
* * * * * * *
SEC. 107. DIVISION OF APPLIED LAW ENFORCEMENT TECHNOLOGY.
(a) * * *
* * * * * * *
(c) Exception.--This section shall not apply to any grant
made under part Q of this title.
* * * * * * *
SEC. 109. OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT.
(a) * * *
(b) Covered Programs.--The programs referred to in
subsection (a) are the following:
[(1) The program under part Q of this title.]
[(2)] (1) Any grant program carried out by the
Office of Justice Programs.
[(3)] (2) Any other grant program carried out by
the Department of Justice that the Attorney General
considers appropriate, except for the program under
part Q of this title.
* * * * * * *
Part J--Funding
AUTHORIZATION OF APPROPRIATIONS
Sec. 1001. (a)(1) * * *
* * * * * * *
(11)(A) There are authorized to be appropriated to carry
out part Q, to remain available until expended [$1,047,119,000
for each of fiscal years 2006 through 2009] $1,150,000,000 for
each of fiscal years 2008 through 2013.
(B) Of funds available under part Q in any fiscal year, up
to [3 percent may be used for technical assistance under
section 1701(d)] 5 percent may be used for technical assistance
under section 1701(f) or for evaluations or studies carried out
or commissioned by the Attorney General in furtherance of the
purposes of part Q. [Of the remaining funds, 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 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 150,000 or less or by
public and private entities that serve areas with populations
150,000 or less.] Of the funds available for grants under part
Q, not less than $600,000,000 shall be used for grants for the
purposes specified in section 1701(b), not more than
$200,000,000 shall be used for grants under section 1701(d),
and not more than $350,000,000 shall be used for grants under
section 1701(e). In view of the extraordinary need for law
enforcement assistance in Indian country, an appropriate amount
of funds available under part Q shall be made available for
grants to Indian tribal governments or tribal law enforcement
agencies.
* * * * * * *
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).]
(a) Grant Authorization.--The Attorney General shall carry
out grant programs under which the Attorney General makes
grants to States, units of local government, Indian tribal
governments, other public and private entities, multi-
jurisdictional or regional consortia, and individuals for the
purposes described in subsections (b), (c), (d), and (e).
(b) [uses of grant amounts] Community Policing and Crime
Prevention Grants.--The purposes for which grants made under
subsection (a) may be made are--
(1) * * *
* * * * * * *
(3) procure equipment, technology, or support
systems, or pay overtime[, to increase the number of
officers deployed in community-oriented policing];
[(4) award grants to pay for offices hired to
perform intelligence, anti-terror, or homeland security
duties;]
(4) award grants to pay for or train officers hired
to perform intelligence, anti-terror, or homeland
security duties;
(5) award grants to hire school resource officers
and to establish school-based partnerships between
local law enforcement agencies and local school systems
to combat crime, gangs, drug activities, and other
problems in and around elementary and secondary
schools;
* * * * * * *
[(9) develop new technologies, including
interoperable communications technologies, modernized
criminal record technology, and forensic technology, to
assist State 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;]
[(10)] (9) develop and implement innovative
programs to permit members of the community to assist
State 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;
[(11)] (10) 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;
[(12)] (11) 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;
[(13) 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;]
[(14)] (12) develop and establish new
administrative and managerial systems to facilitate the
adoption of community-oriented policing as an
organization-wide philosophy;
[(15)] (13) assist a State in enforcing a law
throughout the State which requires that a convicted
sex offender register his or her address with a State
or local law enforcement agency and be subject to
criminal prosecution for failure to comply;
[(16)] (14) 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;
[and]
[(17)] (15) 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[.];
(16) establish and implement innovative programs to
reduce and prevent illegal drug manufacturing,
distribution, and use, including the manufacturing,
distribution, and use of methamphetamine;
(17) establish criminal gang enforcement task
forces, consisting of members of Federal, State, and
local law enforcement authorities (including Federal,
State, and local prosecutors), for the coordinated
investigation, disruption, apprehension, and
prosecution of criminal gangs and offenders involved in
local or multi-jurisdictional gang activities; and
(18) award enhancing community policing and crime
prevention grants that meet emerging law enforcement
needs, as warranted.
[(c) Preferential Consideration of Applications for Certain
Grants.--In awarding grants under this part, the Attorney
General may give preferential consideration, where feasible, to
applications for hiring and rehiring additional career law
enforcement officers that involve a non-Federal contribution
exceeding the 25 percent minimum under subsection (g).]
(c) Troops-to-Cops Programs.--
(1) In general.--Grants made under subsection (a)
may be used to hire former members of the Armed Forces
to serve as career law enforcement officers for
deployment in community-oriented policing, particularly
in communities that are adversely affected by a recent
military base closing.
(2) Definition.--In this subsection, ``former
member of the Armed Forces'' means a member of the
Armed Forces of the United States who has been
honorably discharged from the Armed Forces of the
United States.
(d) Community Prosecutors Program.--The Attorney General
may make grants under subsection (a) to pay for additional
community prosecuting programs, including programs that assign
prosecutors to--
(1) handle cases from specific geographic areas;
and
(2) address counter-terrorism problems, specific
violent crime problems (including intensive illegal
gang, gun, and drug enforcement and quality of life
initiatives), and localized violent and other crime
problems based on needs identified by local law
enforcement agencies, community organizations, and
others.
(e) Technology Grants.--The Attorney General may make
grants under subsection (a) to develop and use new technologies
(including interoperable communications technologies,
modernized criminal record technology, and forensic technology)
to assist State 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.
[(d)] (f) 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,]
establish 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 (including regional community policing
institutes), 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.
(4) Exclusivity.--The Office of Community Oriented
Policing Services shall be the exclusive component of
the Department of Justice to perform the functions and
activities specified in this paragraph.
[(e)] (g) Utilization of Components.--The Attorney General
[may utilize any component or components of the Department of
Justice in carrying out this part.] shall use the Office of
Community Oriented Policing Services of the Department of
Justice in carrying out this part.
[(f)] (h) Minimum Amount.--Unless all applications
submitted by any State and grantee within the State pursuant to
[subsection (a)] paragraphs (1) and (2) of subsection (b) have
been funded, each qualifying State, together with grantees
within the State, shall receive [in each fiscal year pursuant
to subsection (a)] in each fiscal year for purposes described
in paragraph (1) and (2) of subsection (b) 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)] (i) 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] unless the Attorney General
waives the non-Federal contribution requirement as described in
the preceding sentence, the non-Federal share of the costs of
hiring or rehiring such officers may be less than 25 percent of
such costs for any year during the grant period, provided that
the non-Federal share of such costs shall not be less than 25
percent in the aggregate for the entire grant period, but the
State or local government should make an effort to increase the
non-Federal share of such costs during the grant period,
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). The preceding sentences shall
not apply with respect to any program, project, or activity
provided by a grant made pursuant to subsection (b)(4).
[(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.--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) Retention of Additional Officer Positions.--For any
grant under paragraph (1) or (2) of subsection (b) for hiring
or rehiring career law enforcement officers, a grant recipient
shall retain each additional law enforcement officer position
created under that grant for not less than 12 months after the
end of the period of that grant, unless the Attorney General
waives, wholly or in part, the retention requirement of a
program, project, or activity.
SEC. 1702. APPLICATIONS.
(a) * * *
* * * * * * *
(c) Contents.--In accordance with the regulations or
guidelines established by the Attorney General, each
application for a grant under this part shall, unless waived by
the Attorney General--
(1) * * *
* * * * * * *
(8) if the application is for a grant for hiring or
rehiring additional career law enforcement officers,
specify plans for the assumption by the applicant of a
progressively larger [share of the cost in the course
of time, looking toward the continuation of the
increased hiring level using State or local sources of
funding following the conclusion of Federal support;]
share of the costs during the grant period, how the
applicant will maintain the increased hiring level of
the law enforcement officers, and how the applicant
will eventually assume responsibility for all of the
costs for such officers;
* * * * * * *
[(d) Special Provisions.--
[(1) Small jurisdictions.--Notwithstanding any
other provision of this part, in relation to
applications under this part of units of local
government or law enforcement agencies having
jurisdiction over areas with populations of less than
50,000, the Attorney General may waive 1 or more of the
requirements of subsection (c) and may otherwise make
special provisions to facilitate the expedited
submission, processing, and approval of such
applications.
[(2) Small grant amount.--Notwithstanding any other
provision of this part, in relation to applications
under section 1701(b) for grants of less than
$1,000,000, the Attorney General may waive 1 or more of
the requirements of subsection (c) and may otherwise
make special provisions to facilitate the expedited
submission, processing, and approval of such
applications.
[SEC. 1703. RENEWAL OF GRANTS.
[(a) In General.--Except for grants made for hiring or
rehiring additional career law enforcement officers, a grant
under this part may be renewed for up to 2 additional years
after the first fiscal year during which a recipient receives
its initial grant, if the Attorney General determines that the
funds made available to the recipient were used in a manner
required under an approved application and if the recipient can
demonstrate significant progress in achieving the objectives of
the initial application.
[(b) Grants for Hiring.--Grants made for hiring or rehiring
additional career law enforcement officers may be renewed for
up to 5 years, subject to the requirements of subsection (a),
but notwithstanding the limitation in that subsection
concerning the number of years for which grants may be renewed.
[(c) Multiyear Grants.--A grant for a period exceeding 1
year may be renewed as provided in this section, except that
the total duration of such a grant including any renewals may
not exceed 3 years, or 5 years if it is a grant made for hiring
or rehiring additional career law enforcement officers.]
SEC. 1703. RENEWAL OF GRANTS.
(a) In General.--Except as provided in subsection (b), a
grant made under this part may be renewed, without limitations
on the duration of such renewal, to provide additional funds if
the Attorney General determines that the funds made available
to the recipient were used in a manner required under an
approved application and if the recipient can demonstrate
significant progress in achieving the objectives of the initial
application.
(b) Grants for Hiring.--Grants made under this part for
hiring or rehiring additional career law enforcement officers
may be renewed for up to 5 years, except that the Attorney
General may waive such 5-year limitation for good cause.
(c) No Cost Extensions.--Notwithstanding subsections (a)
and (b), the Attorney General may extend a grant period,
without limitations as to the duration of such extension, to
provide additional time to complete the objectives of the
initial grant award.
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]
that the Attorney General determines would, in the absence of
Federal funds received under this part, be made available for
the purpose of the grant under this part from State or local
sources, or in the case of Indian tribal governments, from
funds supplied by the Bureau of Indian Affairs. The preceding
sentence shall not apply with respect to funds made available
under this part by a grant made pursuant to subsection (a) for
the purposes described in subsection (b)(4).
* * * * * * *
[(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.]
SEC. 1705. PERFORMANCE EVALUATION.
(a) * * *
* * * * * * *
(d) Study of Program Effectiveness.--
(1) In general.--The Attorney General shall provide
for a scientific study of the effectiveness of the
programs, projects, and activities funded under this
part in reducing crime.
(2) Study.--The Attorney General shall select one
or more institutions of higher education, including
historically Black colleges and universities, to
conduct the study described in paragraph (1).
(3) Reports.--Not later than 4 years after the date
of the enactment of the COPS Improvements Act of 2007,
the institution or institutions selected under
paragraph (2) shall report the findings of the study
described in paragraph (1) to the Attorney General. Not
later than 30 days after the receipt of such report,
the Attorney General shall report such findings to the
appropriate committees of Congress, along with any
recommendations the Attorney General may have relating
to the effectiveness of the programs, projects, and
activities funded under this part in reducing crime.
SEC. 1706. [REVOCATION OR SUSPENSION OF FUNDING] ENFORCEMENT ACTIONS.
If the Attorney General determines, as a result of the
reviews required by section 1705, or otherwise, that a grant
recipient under this part is not in substantial compliance with
the terms and requirements of an approved grant application
submitted under section 1702, the Attorney General may [revoke
or suspend funding of that grant, in whole or in part.] take
any enforcement action available to the Department of Justice.
* * * * * * *
SEC. 1709. DEFINITIONS.
In this part--
(1) ``career law enforcement officer'' means a
person hired on a permanent basis who is a sworn law
enforcement officer who is authorized by law or by a
State or local public agency to engage in or supervise
the prevention, detection, or investigation of
violations of criminal laws.
* * * * * * *
----------
SECTION 10002 OF THE PUBLIC SAFETY PARTNERSHIP AND COMMUNITY POLICING
ACT OF 1994
SEC. 10002. PURPOSES.
The purposes of this title are to--
(1) * * *
* * * * * * *
(4) encourage the [development] use of new
technologies to assist State, Indian tribal government,
and local law enforcement agencies in reorienting the
emphasis of their activities from reacting to crime to
preventing crime,
by establishing a program of grants and assistance in
furtherance of these objectives, including the authorization
[for a period of 6 years] of grants for the hiring and rehiring
of additional career law enforcement officers.
Additional Views
We support H.R. 1700, the ``COPS Improvements Act of 2007''
as amended by the substitute. The bill as introduced, however,
raises several concerns. We also have continuing concerns about
the effectiveness of the COPS program in reducing the crime
rate.
The COPS program was created in Title I of the 1994 Crime
Act. The COPS program awards grants to State, local, and tribal
law enforcement agencies throughout the U.S. so they can hire
new police officers, rehire officers who have been laid off
because of local budget cuts, and procure new crime-fighting
technology so that more officers can be deployed in the
community. Since its inception, the COPS office has awarded
more than $11.4 billion to over 13,000 law enforcement
agencies.
Congress appropriated more than $1 billion annually for the
COPS program from FY 1995-2002 (with the exception of $595
million in FY 2000). Although the Administration's budget since
FY 2004 requested $100-$200 million, Congress has continued to
appropriate higher levels of funding, albeit at decreasing
amounts. From 1994-1998, most of the program's budget was aimed
at hiring more police officers. As the crime rate began to
decline in the late 1990s, the emphasis of COPS funding shifted
away from hiring and towards funding technology programs to
help respond to crime and terrorism.
The actual number of officers put on the street under this
program is in dispute. The COPS Office within the Department of
Justice reported that it had ``funded'' 118,000 new police
positions by the end of FY 2004. A review of the program by the
White House's Office of Management and Budget, however, said
that the COPS program has put ``fewer than 90,000'' officers on
the street. A University of Pennsylvania study in 2002 found
that the number probably would wind up closer to 82,000--or 30%
fewer cops than Department's estimate. The Inspector General of
the Department of Justice and the Government Accountability
Office note that thousands of hires funded by the COPS program
never materialized because law enforcement agencies used COPS
funding to cover their own budget shortfalls. Looking at just
3% of all COPS grants, federal audits have alleged $277 million
in misspent funds.
The program's effectiveness in reducing crime is also
disputed. A 2005 GAO report concluded that although ``COPS
expenditures led to increases in sworn police officers above
levels that would have been expected without these expenditures
and through the increases in sworn officers led to declines in
crime, we conclude that COPS grants were not the major cause of
the decline in crime from 1994 through 2001.'' The report
estimates that the program contributed to only a 1.3 % decline
in the overall crime rate and a 2.5 % decline in the violent
crime rate for the years 1993 to 2000.
The majority touts this modest decrease in crime as a
success, despite the fact that it came at a cost of $11
billion. However, a May 2006 Heritage Foundation study
concluded that the COPS program has lead only to small
reductions in crime, the benefits of which do not outweigh the
cost of the COPS program. A Report of the Heritage Center for
Data Analysis, Impact Evaluation of COPS Grants in Large
Cities, at 13-15 (2006).
H.R. 1700
As introduced, H.R. 1700 eliminated permanently any hope
that community policing would, in fact, someday be funded by
America's communities. The bill stripped several provisions
from current law regarding State, local or tribal government
contributions to COPS programs and the duration of COPS grants.
First, current law requires applicants to specify in their
grant applications plans for assuming a progressively larger
share of the cost of a COPS-funded program, ``looking toward
the continuation of the increased hiring level using State or
local sources of funding following the conclusion of Federal
support.'' 42 U.S.C. Sec. 3796dd-1(b)(13). Current law also
directs that the federal share of a grant for hiring or
rehiring career law enforcement officers shall decrease from
year to year, again with the intent that the State or local
governments assume a larger share of the grant in anticipation
of the conclusion of federal support.
H.R. 1700 also stripped from current law a provision
limiting the duration of COPS grants and replaced it with a
provision allowing unlimited grant renewal. This too is
directly contrary to the original intent of the COPS program--
to provide short-term assistance to State, local and tribal
governments to hire additional police officers.
Finally, despite inconsistent reports on the effectiveness
of the COPS program, H.R. 1700 reauthorizes the program at
$1.15 billion a year through 2013.
AMENDMENT IN THE NATURE OF A SUBSTITUTE
We commend the majority for working with us to create a
bipartisan substitute amendment that restores several critical
and fiscally responsible provisions that H.R. 1700 stripped
from current law. For instance, the substitute reinstates a
renewal period for hiring and rehiring grants. Under current
law, hiring and rehiring grants are initially awarded for one
year and may be renewed for up to five years. H.R. 1700
replaced this with an unlimited renewal period. The substitute
amendment included a compromise by which hiring grants may be
awarded for up to five years but no renewal restriction is
placed on non-hiring grants, such as technology grants.
MULTI-JURISDICTIONAL GANG TASK FORCES
Mr. Forbes offered an amendment to add multi-jurisdictional
gang task forces as a permissible purpose for COPS funding. The
problem of gang violence in America is not a new one. Nor is it
a problem that is limited to major urban areas. Once thought to
be only a problem in our Nation's largest cities, gangs have
invaded smaller communities. According to the Department of
Justice, there are currently over 25,000 gangs who are active
in more than 3,000 jurisdictions in the United States. Based on
the latest available National Youth Gang Survey, it is now
estimated that there are approximately 850,000 gang members.
To put this in perspective, consider the following: the
total number of active duty Navy and Army personnel is
approximately 859,000. This is virtually a one-on-one ratio to
gang members in the United States. In fact, if the criminal
gang members in the United States were a military force located
in another country, they would comprise the 6th largest
military in the world in terms of soldiers.
The Forbes amendment helps State and local governments
leverage their resources into task forces that can address the
gang problem in a local community, a county, a State, across
several States, or even nationwide. Community policing can be
an effective program that tackles gang violence in each
community, gathers important intelligence, and leads to
information sharing and participation in a Federal, State and
local task force.
Gangs now resemble organized crime syndicates who commit
gun violence, illegal gun trafficking, illegal drug trafficking
and other serious crimes. More and more communities are
suffering from gang violence, rival gang battles, innocent
bystanders are tragically shot and law-abiding members of
communities are prisoners in their own homes in fear of being
caught in the cross-fire of gang violence.
Some national-level street gangs are highly organized, with
as many as 100,000 members and associates. The most highly
organized, such as Latin Kings, Gangster Disciples, and Vice
Lords, have centralized leadership cores that conspire to
transport and distribute drugs throughout the country. Some
prison gangs have evolved from ethnic-based protection gangs
within the prison system to organized criminal enterprises that
use their connections with Mexican drug trafficking
organizations to traffic drugs throughout the country,
particularly the West and Southwest Regions.
The Committee adopted the amendment by voice vote.
AMTRAK POLICE
Mr. Forbes offered an amendment to delete a provision from
the bill that adds the Amtrak Police Department to the
definition of ``career law enforcement officer.'' The COPS
program provides funding to State, local, and tribal
governments to hire additional police officers, to implement
new technologies, or to fund other community policing programs.
The Amtrak Police serve an important function in protecting our
railways. But a bill reauthorizing the COPS program is not the
proper vehicle to address whatever additional funding the
Amtrak Police may need. Expanding community policing grants to
the Amtrak Police Department will open up the floodgates of
demands from other federal law enforcement seeking to be
included in the COPS program.
The Committee adopted the amendment by voice vote.
INSPECTOR GENERAL AUDIT
Mr. Forbes offered an amendment to direct the Inspector
General of the Department of Justice to conduct an audit of the
COPS program to review three areas: (1) the effect of the
program on the rate of violent crime, (2) the degree to which
COPS funding recipients contribute State or local funding to
law enforcement programs and activities, and (3) any waste,
fraud, or abuse within the COPS program.
H.R. 1700 increases the authorization for the COPS program
to $1.15 billion a year through 2013. The few studies that have
been conducted in recent years have reach conflicting results
on the effectiveness of the program in reducing the rate of
violent crime. It is our duty to ensure that taxpayer dollars
are spent on the most cost effective and successful programs.
Surely, any program authorized at over a billion dollars a year
warrants such a review.
The Committee adopted the amendment by voice vote.
PRESERVING STATE PARTICIPATION
Mr. Chabot offered an amendment to preserve two provisions
in the current law that encourage State and local governments
to contribute funding to community policing programs.
The COPS program is intended to compliment State and local
funding sources for hiring and rehiring police officers. It
represents a partnership between the Federal Government and
State, local, and tribal governments. The COPS program was not
intended to supplant State and local funding of police officers
and community policing programs. To be sure, section 1704 of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. Sec. 3796dd-3) States that
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. (Emphasis added).
Unfortunately, the Heritage Foundation study concluded that
``COPS grants awarded to large cities did not stimulate local
spending and that the cities may have used the grants to
supplant local police expenditures. This finding is supported
by U.S. Department of Justice Office of Inspector General
audits of COPS grants.'' See, supra, A Report of the Heritage
Center for Data Analysis at 19.
As noted above, H.R. 1700, as introduced, stripped two
provisions from current law that encourage State and local
governments to contribute non-federal resources to hiring and
rehiring grants. Removing these provisions only exacerbates an
already disconcerting problem of COPS funds supplanting rather
than complimenting State and local resources. Mr. Chabot's
amendment restores these important provisions.
The Committee adopted the amendment by voice vote.
Lamar Smith.
J. Randy Forbes.
<all>