[House Report 111-78]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     111-78

======================================================================



 
                     COPS IMPROVEMENTS ACT OF 2009

                                _______
                                

 April 21, 2009.--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

                             MINORITY VIEWS

                        [To accompany H.R. 1139]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 1139) 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..........................................     8
Committee Votes..................................................     8
Committee Oversight Findings.....................................     9
New Budget Authority and Tax Expenditures........................    10
Congressional Budget Office Cost Estimate........................    10
Performance Goals and Objectives.................................    11
Constitutional Authority Statement...............................    11
Advisory on Earmarks.............................................    12
Section-by-Section Analysis......................................    12
Changes in Existing Law Made by the Bill, as Reported............    12
Minority Views...................................................    21

                             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 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). Grants under this subsection shall be awarded on a competitive 
basis.'';
            (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) hire and rehire civilian forensic analysts and 
        laboratory personnel;
            ``(18) 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
            ``(19) award enhancing community policing and crime 
        prevention grants that meet emerging law enforcement needs.'';
            (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 part.'';
            (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 such grant.
    ``(k) Treatment of Grant for Hiring Civilian Forensic Analysts and 
Laboratory Personnel.--A grant awarded under this section for hiring 
and rehiring of civilian forensic analysts and laboratory personnel (in 
accordance with paragraph (17) of subsection (b)) shall be subject to 
the same treatment, limitations, and renewal requirements under this 
part as grants awarded under this section for hiring and rehiring of 
career law enforcement personnel (in accordance with paragraphs (1) and 
(2) of subsection (b)).''.
    (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. Such study shall include identified best practices for 
        community policing that have demonstrated results for building 
        and strengthening the relationship between police departments 
        and the communities such departments serve.
            ``(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 2009, 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 ``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.''.
    (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 
        ``1,800,000,000 for each of fiscal years 2009 through 2014''; 
        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 $1,250,000,000 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.''.
    (k) Effective Date.--This section and the amendments made by this 
section shall apply with respect to grants awarded under part Q of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et 
seq.) on or after the date of enactment of this Act.

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. 1139, the ``COPS Improvements Act of 2009,'' 
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. The Technology Grants Program would authorize 
the Attorney General to make grants to develop new technologies 
to assist State and local law enforcement agencies in 
refocusing 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. 
Grants are used to hire and train law enforcement officers to 
participate in community policing, purchase and deploy new 
crime-fighting technologies, and to develop and test innovative 
policing strategies. Since 1995, the COPS Office has awarded 
more than $11.4 billion to approximately 13,300 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 fiscal year 2000, however, funding was dramatically 
reduced by more than half to $595 million. Fiscal year 2009 
would have seen an even more dramatic reduction had Congress 
funded COPS at the Administration's recommended level. The 
Administration recommended grouping all State and local law 
enforcement assistance, which would have included COPS, into 
several categories totaling $404 million, administered at the 
discretion of the Attorney General.
    Ultimately, Congress rejected the Administration's 
recommendation and appropriated State and local law enforcement 
assistance programs individually, including $550.5 million 
specifically for COPS. However, that appropriation is still 
another in a series of reductions in funding since the $595 
million appropriated 9 years ago.

                          VIOLENT CRIME TRENDS

    During the 1990's, the crime rate dropped dramatically, for 
all categories of crime, and in all parts of the United States. 
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%, while FBI was 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 
agents.
    H.R. 1139 addresses the escalation in violent crime and the 
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. 1139 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. 1139 establishes a Community Prosecutors 
Program to pay for additional community programs to assist 
prosecutors in pursuing cases from specific geographic areas 
and to address counter-terror matters, specific violent crime 
problems, and localized violent crimes, as well as other 
crimes.
    Fourth, H.R. 1139 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 
$1.8 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 ($1.25 
billion), hiring prosecutors ($200 million), and technology 
grants ($350 million).

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
1139. In the 110th Congress, the Committee's Subcommittee on 
Crime, Terrorism and Homeland Security held 1 day of hearings 
on similar legislation, H.R. 1700, on April 24, 2007.

                        Committee Consideration

    The Committee met in open session on March 18, 2009 and 
March 25, 2009, and on March 25, 2009 ordered the bill, H.R. 
1139, favorably reported with amendments, by a vote of 17 to 7, 
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 the 
following rollcall votes occurred during its consideration of 
H.R. 1139:
    1. During the Committee's consideration on March 25, 2009, 
an amendment was offered by Mr. Gohmert to further reduce the 
reauthorization level of the COPS Program from $1.8 billion for 
each fiscal year 2009 through 2014 to $1.150 billion for each 
fiscal year 2009 through 2014. The reauthorization level had 
been reduced from $3.050 billion through a prior amendment 
agreed to on voice vote during the Committee's consideration on 
March 18, 2009. The Gohmert amendment was defeated by a vote of 
9 to 16.

                                                 ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman......................................                              X
Mr. Berman......................................................
Mr. Boucher.....................................................                              X
Mr. Nadler......................................................                              X
Mr. Scott.......................................................
Mr. Watt........................................................                              X
Ms. Lofgren.....................................................
Ms. Jackson Lee.................................................                              X
Ms. Waters......................................................                              X
Mr. Delahunt....................................................
Mr. Wexler......................................................
Mr. Cohen.......................................................
Mr. Johnson.....................................................                              X
Mr. Pierluisi...................................................                              X
Mr. Gutierrez...................................................
Mr. Sherman.....................................................
Ms. Baldwin.....................................................                              X
Mr. Gonzalez....................................................                              X
Mr. Weiner......................................................                              X
Mr. Schiff......................................................                              X
Ms. Sanchez.....................................................
Ms. Wasserman Schultz...........................................                              X
Mr. Maffei......................................................                              X
[Vacant]........................................................
Mr. Smith, Ranking Member.......................................              X
Mr. Sensenbrenner, Jr...........................................              X
Mr. Coble.......................................................              X
Mr. Gallegly....................................................
Mr. Goodlatte...................................................
Mr. Lungren.....................................................              X
Mr. Issa........................................................              X
Mr. Forbes......................................................                              X
Mr. King........................................................              X
Mr. Franks......................................................              X
Mr. Gohmert.....................................................              X
Mr. Jordan......................................................
Mr. Poe.........................................................                              X
Mr. Chaffetz....................................................
Mr. Rooney......................................................              X
Mr. Harper......................................................
                                                                 -----------------------------------------------
    Total.......................................................              9              16
----------------------------------------------------------------------------------------------------------------

    2. On March 25, 2009 the Committee ordered the bill, H.R. 
1139, favorably reported with amendments, by a vote of 17 to 7, 
a quorum being present.

                                                 ROLLCALL NO. 2
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman......................................              X
Mr. Berman......................................................
Mr. Boucher.....................................................              X
Mr. Nadler......................................................              X
Mr. Scott.......................................................
Mr. Watt........................................................
Ms. Lofgren.....................................................
Ms. Jackson Lee.................................................              X
Ms. Waters......................................................              X
Mr. Delahunt....................................................
Mr. Wexler......................................................
Mr. Cohen.......................................................
Mr. Johnson.....................................................              X
Mr. Pierluisi...................................................              X
Mr. Gutierrez...................................................              X
Mr. Sherman.....................................................
Ms. Baldwin.....................................................              X
Mr. Gonzalez....................................................              X
Mr. Weiner......................................................              X
Mr. Schiff......................................................              X
Ms. Sanchez.....................................................
Ms. Wasserman Schultz...........................................              X
Mr. Maffei......................................................              X
[Vacant]........................................................
Mr. Smith, Ranking Member.......................................                              X
Mr. Sensenbrenner, Jr...........................................                              X
Mr. Coble.......................................................                              X
Mr. Gallegly....................................................
Mr. Goodlatte...................................................
Mr. Lungren.....................................................
Mr. Issa........................................................                              X
Mr. Forbes......................................................              X
Mr. King........................................................                              X
Mr. Franks......................................................                              X
Mr. Gohmert.....................................................                              X
Mr. Jordan......................................................
Mr. Poe.........................................................              X
Mr. Chaffetz....................................................
Mr. Rooney......................................................              X
Mr. Harper......................................................
                                                                 -----------------------------------------------
    Total.......................................................             17               7
----------------------------------------------------------------------------------------------------------------

                      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. 1139, 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, April 15, 2009.
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. 1139, the ``COPS 
Improvements Act of 2009.''
    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,
                                      Douglas W. Elmendorf,
                                                  Director.

Enclosure

cc:
        Honorable Lamar S. Smith.
        Ranking Member
H.R. 1139--the ``COPS Improvements Act of 2009.''

                                SUMMARY

    H.R. 1139 would make many changes to the laws governing the 
distribution and permitted uses of Community Oriented Policing 
Services (COPS) grants and would authorize the appropriation of 
$1.8 billion annually over the 2009-2014 period for this 
program. Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 1139 would cost $5.4 billion 
over the 2010-2014 period, with an additional $3.6 billion 
spent after 2014. Enacting the bill would not affect direct 
spending or revenues.
    H.R. 1139 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. 1139 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 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 
2009 for the COPS program. The costs of this legislation fall 
within budget function 750 (administration of justice).

                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                        2009    2010    2011    2012    2013    2014   2009-2014
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law
  Budget Authority\1\                                   1,656       0       0       0       0       0     1,656
  Estimated Outlays                                       455     691     543     368     267       0     2,324

Proposed Changes
  Authorization Level                                       0   1,800   1,800   1,800   1,800   1,800     9,000
  Estimated Outlays                                         0     216     720   1,170   1,530   1,800     5,436

Estimated Spending Under H.R. 1139
  Budget Authority/Authorization Level                  1,656   1,800   1,800   1,800   1,800   1,800    10,656
  Estimated Outlays                                       455     907   1,263   1,538   1,797   1,800     7,760
----------------------------------------------------------------------------------------------------------------
1. The 2009 level is the amount appropriated for that year for the COPS program.

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    H.R. 1139 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 authorize funding for fiscal years 2010 through 
2014. Assuming the appropriation of authorized amounts, those 
governments would receive about $5.4 billion over the 2010-2014 
period. Any costs to those governments would be incurred 
voluntarily as a condition of receiving Federal assistance.

                         ESTIMATE PREPARED BY:

Federal Costs: Mark Grabowicz
Impact on State, Local, and Tribal Governments: Melissa Merrell
Impact on the Private Sector: Marin Randall

                         ESTIMATE APPROVED BY:

Theresa Gullo
Deputy Assistant Director for Budget Analysis

                    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. 1139 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. 1139 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

    Sec. 1. Section 1 of the bill designates the short title as 
the ``COPS Improvements Act of 2009.''
    Sec. 2. COPS Grant Improvements. Section 2 of the bill 
authorizes the Attorney General to make grants under the COPS 
program. It modifies the existing COPS program from one funding 
stream to three separate grant programs for law enforcement 
hiring, community prosecutors, and technology grants.
    It establishes hiring grants for community policing 
officers, anti-terror officers and school resource officers. It 
authorizes $2.5 billion per year to hire an estimated 20,000 
officers per yea,r, and removes the existing $75,000, 3-year 
cap for COPS grants.
    It 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.
    It establishes the Troops-to-COPS Program, which awards 
grants designed to hire former members of the Armed Forces as 
career law enforcement officers.
    It authorizes a Community Prosecutors Program at $200 
million per year 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.
    It creates a $350 million per year 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.
    And it increases the portion available for training and 
technical assistance from 3% to 5% and requires a study by the 
Attorney General on the effectiveness of the program.
    Sec. 3. Report by DOJ Inspector General Required. Section 3 
of the bill requires the Department of Justice's Inspector 
General to submit a report to Congress within 180 days of the 
date of enactment of the bill, 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):

              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] 1,800,000,000 for 
each of fiscal years 2009 through 2014.
    (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 $1,250,000,000 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). 
Grants under this subsection shall be awarded on a competitive 
basis.
    (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) hire and rehire civilian forensic analysts and 
        laboratory personnel;
            (18) 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
            (19) award enhancing community policing and crime 
        prevention grants that meet emerging law enforcement 
        needs.
    [(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 part.
    [(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 such 
grant.
    (k) Treatment of Grant for Hiring Civilian Forensic 
Analysts and Laboratory Personnel.--A grant awarded under this 
section for hiring and rehiring of civilian forensic analysts 
and laboratory personnel (in accordance with paragraph (17) of 
subsection (b)) shall be subject to the same treatment, 
limitations, and renewal requirements under this part as grants 
awarded under this section for hiring and rehiring of career 
law enforcement personnel (in accordance with paragraphs (1) 
and (2) of subsection (b)).

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. Such study shall include 
        identified best practices for community policing that 
        have demonstrated results for building and 
        strengthening the relationship between police 
        departments and the communities such departments serve.
            (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 2009, 
        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.

                             Minority Views

    We oppose H.R. 1139, the ``COPS Improvements Act of 2009,'' 
because it increases the authorization for the COPS on the Beat 
federal grant program by 72%, an increase that we believe is 
unjustified given the exorbitant levels of spending by this 
Congress and our 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 COPS program is authorized through FY 2009 at the level 
of $1.047 billion per year. Its appropriation levels since 1995 
have varied: FY 1995-FY 2002--more than $1 billion, except for 
FY 2000 which was $595 million; FY 2003--$929 million; FY 
2004--$756 million; FY 2005--$606 million; FY 2006--$478 
million; FY 2007--$542 million; FY 2008--$587 million.
    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 auditors 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 over $11 
billion. However, a May 2006 Heritage Foundation study 
concluded that the COPS program has led 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).
    The COPS program was intended to bolster local law 
enforcement and specifically directs that grant money not be 
used to supplant state or local funds, but rather increase the 
amount of funds for community policing. However, studies have 
shown that spending on the COPS program has not led to an 
increase in the overall spending by local law enforcement but 
has merely replaced or supplanted state and local funds.
    An audit by the Department of Justice Office of the 
Inspector General (OIG) found that cities failed to hire the 
number of officers required and did not comply with other grant 
conditions.\1\ For example, instead of hiring 249 new officers, 
Newark, NJ, reduced its police force by 142 officers from 
fiscal years 1996 to 1997.\2\ Other audits indicate that some 
police departments supplanted local funding by failing to hire 
the required number of additional officers. For example, OIG 
audits indicated that Atlanta, GA, El Paso, TX, and Sacramento, 
CA, used COPS grants to supplant local funding.\3\ Atlanta used 
more than $5.1 million in hiring grants to pay the salaries of 
officers who otherwise would have received funding from local 
sources. After receiving grants to hire 231 additional police 
officers, El Paso failed to hire the number of officers 
required by the grant. Sacramento used more than $3.9 million 
in hiring grants to retain officers funded through earlier 
grants.
---------------------------------------------------------------------------
    \1\Muhlhausen, supra.
    \2\Id. (citing U.S. Department of Justice, Office of Inspector 
General, ``Office of Community Oriented Policing Services Grants to the 
Newark, New Jersey Police Department,'' Executive summary, Audit Report 
No. GR-70-98-007, June 1998, at http://www.usdoj.gov/oig/grants/
g7098007.htm (April 16, 2008)).
    \3\Id. (citing U.S. Department of Justice, Office of Inspector 
General, ``Office of Community Oriented Policing Services Grants to the 
Atlanta, Georgia, Police Department,'' Executive summary, Audit Report 
No. GR-40-98-006, April 1998, at http://www.usdoj.gov/oig/grants/
g4098006.htm (April 16, 2008); ``Office of Community Oriented Policing 
Services Grants to the El Paso Police Department, El Paso, Texas,'' 
Executive summary, Audit Report No. GR-80-01-013, May 30, 2001, at 
http://www.usdoj.gov/oig/grants/g8001013.htm (May 16, 2006); and 
``Office of Community Oriented Policing Services Grants to the City of 
Sacramento Police Department, California,'' Executive summary, Audit 
Report No. GR-90-98-022, May 1998, at http://www.usdoj.gov/oig/grants/
g9098022.htm (April 16, 2008)).
---------------------------------------------------------------------------
    In his Senate Judiciary Committee testimony (this Committee 
has held no hearings on this legislation), Dr. David Muhlhausen 
of the Heritage Foundation criticized the overall effectiveness 
of the COPS program. He wrote that before the legislation that 
authorized COPS was passed, federal assistance focused on 
helping state and local governments test innovative ideas, such 
as providing funding for demonstration programs. Muhlhausen 
maintained that the 1994 Crime Act shifted federal assistance 
away from testing innovative ideas and towards subsidizing the 
routine operations of state and local law enforcement.\4\
---------------------------------------------------------------------------
    \4\Id.
---------------------------------------------------------------------------
    Specifically, Dr. Muhlhausen described the City of Boston's 
use of COPS grants as an example of how the COPS program 
encourages fiscal irresponsibility by local governments. During 
the 1990s, Boston accepted millions of dollars in COPS grants 
to hire additional police officers. When accepting these 
grants, Boston promised to retain these officers and maintain 
the same staffing levels after the federal contributions 
expired. Instead of developing a plan to retain the officers, 
the city's mayor decided to downsize officer staffing after the 
grants expired, in violation of the federal grant rules.\5\ The 
number of Boston police officers declined from 2,252 in 1999 to 
2,036 in 2004--a 9.6 percent decrease. Taking population growth 
into account, the number of police officers declined by 13.1 
percent from 40.4 officers per 10,000 residents in 1999 to 35.1 
officers per 10,000 residents in 2004.\6\
---------------------------------------------------------------------------
    \5\Id. (citing Kevin Rothstein, ``Menino Defense Cracks; Ex-Grant 
Officials Fault Mayor over Cop Funding,'' Boston Herald, November 5, 
2005, p. A11.)
    \6\Id. (Calculations based on Federal Bureau of Investigation, 
Crime in the United States, 1999, pp. 300-367, Table 78, at http://
www.fbi.gov/ucr/Cius_99/99crime/99cius6.pdf (March 7, 2007), and Crime 
in the United States, 2000, pp. 300-367, Table 78, at http://
www.fbi.gov/ucr/cius_00/contents.pdf (March 7, 2007)).
---------------------------------------------------------------------------
    Commenting on Boston's failure to retain COPS-funded 
officers, a former official in the COPS office pointed out that 
Boston officials ``knew they had to pick up the salaries after 
the three-year period'' of federal funding.\7\ Responding to 
criticism that Boston failed to plan adequately for the phase-
out of federal assistance, Mayor Menino's spokeswoman Jacque 
Goddard said, ``The mayor knew all along the money would run 
out. We would have expected the federal government to offer 
additional grants that we would have applied for and 
received.''\8\
---------------------------------------------------------------------------
    \7\Id. (citing Rothstein, ``Menino Defense Cracks.'')
    \8\Ibid.
---------------------------------------------------------------------------
    In conclusion, Dr. Muhlhausen urged limits on future 
federal funding for local law enforcement as it is his belief 
that ``additional grant funding would encourage state and local 
officials to become even more dependent on federal grant 
funding by shifting accountability for local crime away from 
state and local governments and toward the federal 
government.''\9\
---------------------------------------------------------------------------
    \9\Id.
---------------------------------------------------------------------------
    The majority advocates the 72% increase in funding, citing 
officer layoffs by police departments around the country due to 
the current economic crisis. The Economic Recovery and 
Reinvestment Act, enacted in January of this year, appropriated 
$1 billion for the COPS program. However, the appropriation 
eliminated the state matching requirement and the cap on grant 
awards. Therefore, the Justice Department estimates that this 
$1 billion will result in fewer than 6,000 new officers.
    Ironically, had the majority maintained the matching 
requirement and the cap on grant awards intact, the $1 billion 
in appropriations would have assisted in hiring over twice as 
many new officers, roughly 13,000, according to the Justice 
Department. The Economic Recovery and Reinvestment Act was a 
mechanism for infusing funds into state and local law 
enforcement agencies right now. However, the majority chose to 
eliminate any requirement on police departments to assist in 
funding their police hires, thus dramatically reducing the 
reach and scope of $1 billion in taxpayer dollars--$1 billion 
that we do not have.
    The majority's claim of addressing layoffs occurring right 
now would ring truer if it were not for the fact that roughly 
two to three years lapse from the time Congress appropriates 
money to when a police officer reaches the street. Therefore, 
money appropriated this year will not even reach the streets 
until 2012 or 2013. It is certainly our hope that the country's 
current economic woes will have diminished two or three years 
from now.
    The rates of both violent and property crime have 
dramatically decreased over the last three decades. The Bureau 
of Justice Statistics' National Crime Victimization Survey 
shows that violent crime, excluding homicide, which the Survey 
does not tally, dropped from a rate of 47.7 per 1,000 residents 
over the age of 12 in 1973 to 21.0 per 1,000 in 2005. In the 
same time period, property crime dropped from 519.9 per 1,000 
households in 1973 to 154.0 per 1,000 in 2005.


    The Associated Press recently reviewed the crime data 
reported by police departments and found that 25 cities with 
populations of more than 350,000 residents experienced a 2.7 
percent drop in homicides from 2007 to 2008.\10\
---------------------------------------------------------------------------
    \10\Carrie Antlfinger, ``Homicides are Down in Some large US 
Cities,'' Associated Press, January 3, 2009.
---------------------------------------------------------------------------
    The FBI's preliminary annual Uniform Crime Report for 
January through June of 2008 indicates that, as a whole, law 
enforcement agencies throughout the U.S. reported a decrease of 
3.5 percent in the number of violent crimes brought to their 
attention for the first six months of 2008 when compared with 
figures reported for the same time in 2007. The FBI UCR's 
violent crime category includes murder, forcible rape, robbery, 
and aggravated assault.
    The number of property crimes in the United States from 
January to June of 2008 decreased 2.5 percent when compared 
with data from the same time period in 2007. Property crimes 
include burglary, larceny-theft, and motor vehicle theft. 
Figures for 2008 indicate that arson decreased 5.6 percent in 
2008 when compared to 2007 figures.


    Clearly, the nation is not experiencing a surge in crime 
that would justify a 72% increase in authorization for the COPS 
program.
    The COPS Program, when originally enacted in 1994, was 
intended to provide temporary assistance to police departments 
in response to the escalating crime rates of the early 1990s. 
The 1994 Crime Act authorized funding for the COPS program 
through FY2000. Although the original authorization was allowed 
to expire, Congress has continued to fund the program each 
year. In 2006, Congress reauthorized COPS at its current level 
of $1.047 billion.
    We must note that, unlike our majority counterparts, we do 
not believe the federal government should be providing such 
large amounts of funding for what has always been a state 
responsibility--public safety. The federal government does not 
possess a general police power, a fact the Supreme Court has 
repeatedly articulated.\11\ ``To hold that Congress has general 
police power would be to hold that it may accomplish objects 
not intrusted [sic] to the general government, and to defeat 
the operation of the 10th Amendment, declaring that `the powers 
not delegated to the United States by the Constitution, nor 
prohibited by it to the states, are reserved to the states 
respectively, or to the people.''' Champion v. Ames, 188 U.S. 
321, 330 (1903).
---------------------------------------------------------------------------
    \11\See, e.g., U.S. v. Morrison, 529 U.S. 598, 617 (2000) 
(``Indeed, we can think of no better example of the police power, which 
the Founders denied the National Government and reposed in the States, 
than the suppression of violent crime and vindication of its 
victims.''); U.S. v. Lopez, 514 U.S. 549, 567 (1995) (To uphold the 
Government's contentions here, we would have to pile inference upon 
inference in a manner that would bid fair to convert congressional 
authority under the Commerce Clause to a general police power of the 
sort retained by the States.'').
---------------------------------------------------------------------------
    As noted above, the COPS Program--while perhaps well 
intentioned at its inception--has evolved from a temporary 
support program during a period of heightened crime rates to a 
permanent funding source for hiring state and local police 
officers.
    We cannot support the continued expansion of a law 
enforcement grant program that has cost American taxpayers 
billions of dollars over its fifteen year existence but whose 
impact on crime reduction and state hiring practices has been 
dubious at best.

                                   Lamar Smith.
                                   Elton Gallegly.
                                   Steve King.
                                   Louie Gohmert.
                                   Gregg Harper.

                                 
