[Congressional Record Volume 157, Number 11 (Wednesday, January 26, 2011)]
[Senate]
[Pages S287-S289]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KOHL (for himself, Mrs. Feinstein, Mr. Durbin, Mr. Leahy, 
        Mr. Reid, Mr. Lautenberg, Mrs. Boxer, Mr. Whitehouse, and Ms. 
        Klobuchar):
  S. 207. 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 Leahy, Reid, 
Whitehouse and others to introduce the COPS Improvement Act of 2011. 
This legislation would reauthorize and make improvements to 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 to 1999, the 
COPS Universal Hiring Program distributed nearly $1 billion per year in 
grants to state and local law enforcement agencies in all 50 states 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 state and local law enforcement 
programs that totaled well over $1 billion during his tenure. Despite 
bipartisan efforts in Congress to prevent those cuts, state and local 
law enforcement funding consistently declined. Ultimately, the 
administration succeeded in eliminating the COPS Hiring Program in 
2005.

[[Page S288]]

  These cuts have been felt by the people who work tirelessly every day 
to keep our communities safe, and the consequences have been real. 
Cities across the country have seen the size of their police forces 
reduced. Many cities have hundreds of vacancies on their forces that 
they cannot afford to fill. They have been forced to choose between 
keeping officers employed and buying vital equipment. The men and women 
who have sworn to protect us from ever-evolving threats cannot go 
without either.
  Over the past several years, there has been a bipartisan effort in 
Congress to renew our commitment to local law enforcement by restoring 
COPS funding. In 2009, we dedicated $1 billion to the COPS program 
through the American Recovery and Reinvestment Act. These funds helped 
state, local, and tribal law enforcement agencies create and preserve 
thousands of law enforcement positions. This boost has gone a long way 
to help many departments weather the economic downturn, but need is 
great--the COPS Office received nearly 7,300 applications requesting 
39,000 officers and $8.3 billion in funds in response to this grant 
funding.
  We can all agree that local law enforcement needs our unwavering 
support. One way we can do this is to reauthorize the COPS program 
through the COPS Improvement Act of 2011. This legislation will re-
authorize hiring programs for three specific purposes--
general community policing, local counter-terrorism officers, and 
school resource officers. The bill steps up our commitment to community 
policing and community cooperation by reauthorizing community 
prosecutor grants. Technology grants that cut down on investigation 
time and paperwork are included so that officers can spend more time on 
the beat and less time behind a desk. The bill also creates an 
independent COPS Office within the Department of Justice, a step that 
is important to the program's continued success and oversight. Finally, 
the legislation revitalizes 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.

  The bill makes additional improvements to the COPS program by 
including safeguards to ensure that our money is being spent wisely. 
For example, it will allow the COPS Office to do more than simply 
revoke or suspend a grant if a recipient fails to comply with its 
terms. The COPS Office, at the direction of the Attorney General, would 
be able to take any enforcement action available to the Department of 
Justice, such as civil penalties or recoupment of funds.
  In addition to strengthening law enforcement's ability to prevent and 
fight crime, the COPS Improvement Act directly creates jobs and helps 
local governments cope with the economic downturn without jeopardizing 
community safety. Furthermore, by hiring more officers we will be 
better able to combat the crime that harms our economy by driving 
business opportunities out of distressed neighborhoods, taking with 
them economic opportunity.
  The COPS Improvement Act of 2011 would authorize $900 million per 
year over six years for the COPS program. It would allocate $500 
million per year for the hiring officers, $150 million for community 
prosecutors, and $250 million per year for technology grants.
  To be sure, some will argue that $900 million is too large a price 
tag. But 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 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.
  I urge my colleagues to support this important legislation.
  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. 207

       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 
     2011''.

     SEC. 2. COPS GRANT IMPROVEMENTS.

       (a) In General.--Section 1701 of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) 
     is amended--
       (1) by striking subsection (c);
       (2) by redesignating subsection (b) as subsection (c);
       (3) by striking subsection (a) and inserting the following:
       ``(a) The Office of Community Oriented Policing Services.--
       ``(1) Office.--There is within the Department of Justice, 
     under the general authority of the Attorney General, a 
     separate and distinct office to be known as the Office of 
     Community Oriented Policing Services (referred to in this 
     subsection as the `COPS Office').
       ``(2) Director.--The COPS Office shall be headed by a 
     Director who shall--
       ``(A) appointed by the Attorney General; and
       ``(B) have final authority over all grants, cooperative 
     agreements, and contracts awarded by the COPS Office.
       ``(b) 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, and 
     multi-jurisdictional or regional consortia for the purposes 
     described in subsections (c), (d), (e), and (f).'';
       (4) in subsection (c), as so redesignated--
       (A) in the heading, by striking ``uses of grant amounts.--
     '' 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 striking paragraph (9);
       (E) by redesignating paragraphs (5) through (8) as 
     paragraphs (6) through (9), respectively;
       (F) 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;'';
       (G) by striking paragraph (13);
       (H) by redesignating paragraphs (14), (15), and (16) as 
     paragraphs (13), (14), and (15), respectively;
       (I) in paragraph (15), as so redesignated, by striking 
     ``and'' at the end;
       (J) by redesignating paragraph (17) as paragraph (18);
       (K) by inserting after paragraph (15), as so redesignated, 
     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.''; and
       (L) in paragraph (18), as so redesignated, by striking 
     ``through (16)'' and inserting ``through (17)'';
       (5) by striking subsections (h) and (i);
       (6) by redesignating subsections (j) and (k) as subsections 
     (k) and (l), respectively;
       (7) by redesignating subsections (d) through (g) as 
     subsections (g) through (j), respectively;
       (8) by inserting after subsection (c), as so redesignated, 
     the following:
       ``(d) Troops-to-cops Programs.--
       ``(1) In general.--Grants made under subsection (b) 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.
       ``(e) Community Prosecutors Program.--The Attorney General 
     may make grants under subsection (b) to pay for additional

[[Page S289]]

     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.
       ``(f) Technology Grants.--The Attorney General may make 
     grants under subsection (b) 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.'';
       (9) in subsection (g), 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''; and
       (C) in the first sentence of paragraph (3), by inserting 
     ``(including regional community policing institutes)'' after 
     ``training centers or facilities'';
       (10) in subsection (i), as so redesignated--
       (A) by striking ``subsection (a)'' the first place that 
     term appears and inserting ``paragraphs (1) and (2) of 
     subsection (c)''; 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 
     (c)'';
       (11) in subsection (j), as so redesignated--
       (A) by striking ``subsection (a)'' and inserting 
     ``subsection (b)''; and
       (B) by striking the second sentence;
       (12) in subsection (k)(1), as so redesignated--
       (A) by striking ``subsection (i) and''; and
       (B) by striking ``subsection (b)'' and inserting 
     ``subsection (c)''; and
       (13) by adding at the end the following:
       ``(m) Retention of Additional Officer Positions.--For any 
     grant under paragraph (1) or (2) of subsection (c) 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.
       ``(n) Proportionality of Awards.--The Attorney General 
     shall ensure that the same percentage of the total number of 
     eligible applicants in each State receive a grant under this 
     section.''.
       (b) Applications.--Section 1702 of title I 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 title I 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 title I 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.--Section 1706 of title I 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 ``REVOCATION OR 
     SUSPENSION OF FUNDING'' and inserting ``ENFORCEMENT 
     ACTIONS''; and
       (2) by striking ``revoke or suspend'' and all that follows 
     and inserting ``take any enforcement action available to the 
     Department of Justice.''.
       (f) Definitions.--Section 1709(1) of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-
     8(1)) is amended--
       (1) by striking ``who is authorized'' and inserting ``who 
     is a sworn law enforcement officer and is authorized''; and
       (2) by inserting ``, including officers for the Amtrak 
     Police Department'' before the period at the end.
       (g) Authorization of Appropriations.--Section 1001(a)(11) 
     of title I 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 
     ``$900,000,000 for each of fiscal years 2012 through 2017''; 
     and
       (2) in subparagraph (B)--
       (A) in the first sentence--
       (i) by striking ``3 percent'' and inserting ``5 percent''; 
     and
       (ii) by striking ``section 1701(d)'' and inserting 
     ``section 1701(g)''; and
       (B) by striking the second sentence and inserting the 
     following: ``Of the funds available for grants under part Q, 
     not less than $500,000,000 shall be used for grants for the 
     purposes specified in section 1701(c), not more than 
     $150,000,000 shall be used for grants under section 1701(e), 
     and not more than $250,000,000 shall be used for grants under 
     section 1701(f).''.
       (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 title I 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 title 
     I 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.''.
                                 ______