[Congressional Record Volume 153, Number 13 (Tuesday, January 23, 2007)]
[Senate]
[Pages S918-S923]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN (for himself, Mr. Baucus, Mrs. Boxer, Ms. Cantwell, 
        Mrs. Clinton, Mr. Dodd, Mrs. Feinstein, Mr. Harkin, Mr. Kerry, 
        Mr. Kohl, Mr. Lautenberg, Mr. Leahy, Mr. Lieberman, Mr. 
        Menendez, Ms.

[[Page S922]]

        Mikulski, Mr. Obama, Mr. Reed, Mr. Salazar, Mr. Schumer, Mr. 
        Smith, Ms. Stabenow, and Mr. Reid):
  S. 368. A bill 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; to the Committee on the Judiciary.
   Mr. BIDEN. Mr. President, today, I rise to introduce legislation, 
the COPS Improvement Act of 2007, to reauthorize the Department of 
Justice's Office of Community Oriented Policing Services (COPS). This 
program has achieved what my colleagues and I hoped for back when we 
were debating the 1994 Crime Bill. Prior to the final vote, in August 
of 1994, I stated that ``I will vote for this bill, because, as much as 
anything I have ever voted on in 22 years in the U.S. Senate, I truly 
believe that passage of this legislation will make a difference in the 
lives of the American people. I believe with every fiber in my being 
that if this bill passes, fewer people will be murdered, fewer people 
will be victims, fewer women will be senselessly beaten, fewer people 
will continue on the drug path, and fewer children will become 
criminals.''
  Fortunately, with the creation of the COPS program, we were able to 
form a partnership amongst Federal, State, and local law enforcement 
and create programs that helped drive down crime rates for eight 
consecutive years. In 1994 we had historically high rates of violent 
crimes, such as murders, forcible rapes, and aggravated assaults. We 
were able to reduce these to the lowest levels in a generation. We 
reduced the murder rate by 37.8 percent; we reduced forcible rapes by 
19.1 percent; and we reduced aggravated assaults by 25.5 percent. 
Property crimes, including auto thefts also were reduced from 
historical highs to the lowest levels in decades. The COPS program has 
been endorsed by every major law enforcement group in the Nation, 
including the International Association of Chiefs of Police (IACP), the 
National Association of Police Organizations (NAPO), the National 
Sheriffs Association (NSA), the International Brotherhood of Police 
Organizations, the National Organization of Black Law Enforcement 
Officials (NOBLE), the International Union of Police Associations 
(IUPA), the Fraternal Order of Police, and others.
  Rather than support this important program, the Bush Administration 
and Republican leadership has been set on eliminating it. President 
Bush has proposed cuts each year he has been in office, and while we 
have fought to maintain funding for COPS, the hiring program was 
completely eliminated in 2005. Overall funding for State and local law 
enforcement programs has been slashed by billions and the COPS hiring 
program has been completely eliminated. Last year's budget request 
contained only $117 million for local law enforcement from COPS and the 
complete elimination of the Justice Assistance Grant.
  These cuts are coming at the worst possible time. Local law 
enforcement is facing what I have called a perfect storm. The FBI is 
reprogramming its field agents from local crime to terrorism. 
Undoubtedly, this is necessary given the threats facing our Nation. 
But, this means that there will be less Federal assistance for drug 
cases, bank robberies, and violent crime. Local law enforcement will be 
required to fill the gap left by the FBI in addition to performing more 
and more homeland security duties.
  Due to budget restraints at the local level and the unprecedented 
cuts in Federal assistance they will be less able to do either. 
Articles in the USA Today and the New York Times highlighted the fact 
that many cities are being forced to eliminate officers because of 
local budgets woes. In fact, New York City has lost over 3,000 officers 
in the 1ast few years. Other cities, such as Cleveland, MN, and 
Houston, TX, are facing similar shortages. As a result, local police 
chiefs are reluctantly pulling officers from the proactive policing 
activities that were so successful in the nineties, and they are unable 
to provide sufficient numbers of officers for Federal task forces. 
These choices are not made lightly. Police chiefs understand the value 
of proactive policing and the need to be involved in homeland security 
task forces; however, they simply don't have the manpower to do it all. 
Responding to emergency calls must take precedence over proactive 
programs and task forces, and we are beginning to pay the price. The 
FBI is reporting rising violent crime in cities throughout the Nation, 
with murder rates rising 3.4 percent in 2005. Additionally, the 
preliminary numbers for 2006 show that violent crime is up 3.7 percent 
and murder rates up 1.4 percent when compared to last year's 
preliminary numbers.
  Although the COPS program was re-authorized as part of Department of 
Justice Reauthorization, this bill is critical for several reasons. 
First, it re-establishes our commitment to the hiring program by 
including a separate authorization of $600 million to hire officers to 
engage in community policing, intelligence gathering, and as school 
resource officers. We need more cops on the beat and in our schools, 
and this will help get us there. It also authorizes $350 million per 
year for technology grants, and it includes $200 million per year to 
help local district attorneys hire community prosecutors. Finally, it 
congressionally establishes the COPS office as the entity within the 
Department of Justice to carry out these functions in order to 
eliminate duplication of efforts. The bottom line is that this bill 
keeps faith with our State and local law enforcement officers who put 
their lives on the line every day to keep our communities safe from 
crime and terrorism. I would ask all of my colleagues to go ask their 
local police chief or sheriff and ask them if they should support this 
legislation, and I hope that they will because if they did it would be 
passed 100-0.
  I ask unanimous consent that the text of this legislation be printed 
in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 368

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``COPS 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) in paragraph (4), by inserting ``or train'' after ``pay 
     for'';
       (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; and
       ``(17) 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

[[Page S923]]

     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 is involuntarily separated from the Armed 
     Forces within the meaning of section 1141 of title 10, United 
     States Code.
       ``(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, by striking the 
     second sentence; 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'';
       (B) by striking paragraph (8); and
       (C) by redesignating paragraphs (9) through (11) as 
     paragraphs (8) through (10), respectively; 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.--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) No Cost Extensions.--Notwithstanding subsection (a), 
     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), 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
       (2) by striking subsection (c).
       (e) Enforcement Actions.--
       (1) In general.--Section 1706 of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3796dd-5) is 
     amended--
       (A) in the section heading, by striking ``REVOCATION OR 
     SUSPENSION OF FUNDING'' and inserting ``ENFORCEMENT 
     ACTIONS''; and
       (B) by striking ``revoke or suspend'' and all that follows 
     and inserting ``take any enforcement action available to the 
     Department of Justice.''.
       (2) Technical and conforming amendment.--The table of 
     contents of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3711) is amended by striking 
     the item relating to section 1706 and inserting the 
     following:

``Sec. 1706. Enforcement actions.''.
       (f) Definitions.--Section 1709(1) of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8(1)) 
     is amended--
       (1) by inserting ``who is a sworn law enforcement officer'' 
     after ``permanent basis''; and
       (2) by inserting ``, including officers for the Amtrak 
     Police Department'' before the period at the end.
       (g) Authorization of Appropriations.--Section 1001(11) of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3793(11)) is amended--
       (1) in subparagraph (A), by striking ``1,047,119,000'' and 
     inserting ``1,150,000,000''; and
       (2) in subparagraph (B)--
       (A) in the first sentence, by striking ``3 percent'' and 
     inserting ``5 percent''; 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).''.
       (h) 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''.
       (i) 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.''.

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