[Congressional Record Volume 155, Number 3 (Thursday, January 8, 2009)]
[Senate]
[Pages S212-S215]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KOHL (for himself, Mrs. Feinstein, Mr. Leahy, Mr. Reid, 
        Mr. Schumer, Mr. Durbin, Mr. Dodd, Mr. Lautenberg, Mrs. Boxer, 
        Ms. Stabenow, Mr. Kerry, and Mr. Whitehouse):
  S. 167. 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. KOHL. Mr. President, I rise today with Senators Feinstein, Leahy, 
Reid, and others to introduce the COPS Improvement Act of 2009. This 
legislation would reauthorize one of the Department of Justice's most 
successful efforts to fight crime, the Community Oriented Policing 
Services, COPS, program.
  The success story of the COPS program has been told many times, but 
it is worth repeating. The goal in 1994 was to put an additional 
100,000 cops on the beat. Over the next 5 years, from 1995

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to 1999, the COPS Universal Hiring Program distributed nearly $1 
billion in grants to State and local law enforcement agencies to hire 
additional law enforcement officers, allowing us to achieve our goal of 
100,000 new officers.
  Common sense told the American people that having more police walking 
the beat would lead to less crime, and our experience with the COPS 
program proved that to be true. This unprecedented effort to put more 
police officers in our communities coincided with significant 
reductions in crime during the 1990s. As the number of police rose, we 
saw 8 consecutive years of reductions in crime. Few programs can claim 
such a clear record of success.
  Unfortunately, the success of the COPS program led some to declare 
victory. Beginning in 2001, funding for the COPS program came under 
attack. President Bush proposed cuts to the COPS program in each of his 
budget requests, and his proposed cuts to State and local law 
enforcement programs has totaled well over $1 billion in recent years. 
Despite bipartisan efforts in Congress to prevent those cuts, State and 
local law enforcement funding has consistently declined. Ultimately, 
the administration succeeded in eliminating the COPS Hiring Program in 
2005.
  These cuts have been felt by the people who work every day to keep 
our communities safe, and the consequences have been real. Cities 
across the country have seen the size of their police force reduced. 
New York has lost thousands of police officers in recent years. Other 
cities have hundreds of vacancies on their forces. Years of decreases 
in funding have led to fewer cops on the beat and, unfortunately, 
increases in violent crime.
  Therefore, in order to restore the safety of our neighborhoods and 
communities, it is imperative that we commit ourselves to restoring 
funding for the COPS program. The COPS Improvement Act of 2009 would 
authorize $1.15 billion per year over 6 years for the COPS program. It 
would allocate $600 million per year to hire officers to engage in 
community policing and as school resource officers. It also authorizes 
$350 million per year for technology grants.
  The legislation would also provide some relief to local prosecutors, 
who have also seen their ranks reduced by the cuts in funding. 
Specifically, it includes $200 million per year to help local district 
attorneys hire community prosecutors.
  To be sure, some will argue that more than $1 billion is too large a 
price tag. It is hard to put a price tag on the security of our 
communities. Investing money in such a successful program with such an 
important goal is certainly worth the cost. We must also remember that 
preventing crime from occurring saves taxpayers from the costs 
associated with victim assistance and incarceration. For that reason, a 
recent report by the Brookings Institution found ``COPS . . . to be one 
of the most cost-effective options available for fighting crime.''
  It is also worth noting the assistance the COPS program can provide 
to our economy. Few government programs can claim such a direct 
connection to job creation. The COPS Hiring Program actually puts more 
people in this country to work. In addition to reducing crime, this 
investment can serve as a direct injection of money into the American 
economy.
  It is difficult to overstate the importance of passing the COPS 
Improvement Act. Because of the success of the program and the need for 
a renewed commitment to it, the bill has long had the support of every 
major law enforcement group in the Nation, including the International 
Association of Chiefs of Police, the National Association of Police 
Organizations, the National Sheriffs Association, the International 
Brotherhood of Police Organizations, the National Organization of Black 
Law Enforcement Officials, the International Union of Police 
Associations, and the Fraternal Order of Police. These law enforcement 
officers put their lives on the line every day to make our communities 
a safe place to live, and they deserve our full support.
  Mr. President, I ask unanimous consent that the text of the bill 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. 167

       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 
     2009''.

     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 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

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     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 for 
     each of fiscal years 2006 through 2009'' and inserting 
     ``$1,150,000,000 for each of fiscal years 2009 through 
     2014''; 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.''.

  Mrs. FEINSTEIN. Mr. President, I am pleased to join Senators Kohl, 
Leahy, and others in introducing the COPS Improvement Act of 2009. I am 
honored to join them in introducing this important bill on an issue 
that has been so forcefully championed by Senator Biden for so many 
years.
  It is my sincere hope that we are entering the dawn of a new age in 
our approach to State and local law enforcement funding. For the last 8 
years, the Bush administration has steadily and drastically reduced the 
amount of funding and programming that the Federal Government provides 
to State and local law enforcement. This has been a huge mistake, with 
a corresponding spike in the rise of violent crime in our country.
  The need for additional funding for state and local law enforcement 
through the COPS program is clear. Over the last 5 years, our country 
has experienced an alarming increase in violent crime. In 2007, the 
Police Executive Research Forum reported that from 2004 to 2006, 
homicides increased overall by 10 percent, aggravated assaults with 
guns rose 10 percent, and robberies rose 12 percent.
  This survey mirrors the FBI's own statistics, which showed that 
violent crime rose by 1.8 percent between 2003 to 2007. And this surge 
in the violent crime rate isn't just limited to big cities. In February 
2008, in testimony before the House Judiciary Committee, Attorney 
General Mukasey acknowledged that violent crime was increasing across 
all of our communities.
  Let me put these numbers in human terms. The International 
Association of Chiefs of Police equates the rise of 2.5 percent to 
31,479 more victims of violent crimes in 2005. The 3.7 increase for all 
of 2006 means about 47,000 more Americans were victims of murder, 
robbery, assault, rape, or other violent crimes.
  Unfortunately, despite these disturbing numbers and the Justice 
Department's own acknowledgement that violent crime is increasing, over 
the last 8 years the Bush administration continually proposed drastic 
cuts in the Federal assistance traditionally available to state and 
local law enforcement.
  President Bush's proposed fiscal year 2009 budget slashed funding for 
State and local law enforcement at unprecedented rates. After 
repeatedly proposing to eliminate COPS hiring grants, President Bush 
finally zeroed out the entire COPS program for fiscal year 2009, 
replacing it with a mere $4 million for a new community policing grant. 
This is simply not acceptable and our communities are suffering because 
of it.
  During the 1990s and earlier years in this decade, the federal 
government vigorously funded grant programs for state and local law 
enforcement, including the COPS Program. We saw real results--violent 
crime went down year after year. It is no surprise that with the recent 
cuts, violent crime rates have ticked back up.
  This trend has to stop, and it is my hope that Congress and the 
incoming Obama administration will move to correct the huge damage that 
has been inflicted on state and local law enforcement in the last eight 
years. The bill Senator Kohl and I introduce today will go a long way 
to do that.
  We know what works and we can see the results of ignoring and 
underfunding proven programs. We also know that crime often rises in 
times of economic trouble. Now is not the time to continue the 
rollbacks in state and law enforcement funding initiated by the Bush 
administration.
  This bill will serve a dual purpose--creating thousands of jobs in 
the current economic downturn and providing state and local law 
enforcement with the resources they need to successfully fight crime.
  Specifically, the bill would authorize $1.15 billion per year for the 
next 6 years to fund the following:

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  Police Hiring Grants: The bill authorizes $600 million per year to 
hire up to 50,000 officers to work in community policing efforts, and 
school resource officers to fight school violence. These funds will 
create jobs in a worsening economy, and can be used to retain officers, 
pay overtime costs, and reimburse officers for training costs.
  Law Enforcement Technology Grants: The bill authorizes $350 million 
per year for police departments to obtain new technology and equipment 
to analyze real-time crime data and incident reports to anticipate 
crime trends, map crime ``hot-spots'', examine DNA evidence, and 
purchasing badly needed technology upgrades for police on the street.
  Community Prosecutor Grants: The bill authorizes $200 million per 
year to help local district attorneys hire and train more prosecutors.
  Troops-to-Cops Program: The bill authorizes a troops-to-cops program 
to encourage local police agencies to hire former military personnel 
who are honorably discharged from military service or who are displaced 
by base closings to allow them to continue working and engaging in 
public service.
  The COPS Program is a time-tested program that has proven its 
effectiveness for years. It is one of the cornerstones in the State and 
local law enforcement efforts that have removed thousands of pounds of 
drugs and millions of dollars worth of drug proceeds from communities 
across the country.
  Money from the COPS Program provides law enforcement with the 
officers, prosecutors and technology that they need to keep our 
communities safe. All we have to do is look at the rising rates of 
violent crime that correspond to the staggering funding cuts to 
understand how important these programs are for our country.
  We must provide the necessary tools and funds to State and local law 
enforcement and act decisively to combat the nation's growing gang 
problem and violent crime. Enacting the COPS Improvement Act of 2009 
will be a step in the right direction. I hope my colleagues will join 
Senator Kohl and I in supporting this important legislation.
                                 ______