```

[Senate Report 110-73]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 175
110th Congress                                                   Report
                                 SENATE
 1st Session                                                     110-73

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

 
                      COPS IMPROVEMENT ACT OF 2007

                                _______
                                

                  May 24, 2007.--Ordered to be printed

                                _______
                                

  Mr. Leahy, from the Committee on Judiciary, submitted the following

                              R E P O R T

                         [To accompany S. 368]

    The Committee on the Judiciary, to which was referred the 
bill (S. 368) 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, reports favorably thereon 
without amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
  I. Purpose of the COPS Improvement Act of 2007......................1
 II. History of the Bill and Committee Consideration..................3
III. Section-by-Section Summary of the Bill...........................3
 IV. Cost Estimate....................................................5
  V. Regulatory Impact Evaluation.....................................7
 VI. Conclusion.......................................................7
VII. Changes in Existing Law Made by the Bill as Reported.............7

             I. Purpose of the COPS Improvement Act of 2007

    The COPS Improvement Act of 2007 reauthorizes and makes 
critical improvements to the Department of Justice's community 
policing program. Created after passage of the 1994 Crime Bill, 
the Office of Community Oriented Policing Services has funded 
over 118,000 community police officers in over 12,900 law 
enforcement agencies around the nation. Many law enforcement 
experts and criminologists have credited this program as an 
important factor in driving down crime rates in the 1990s. In 
addition to anecdotal evidence from Chiefs of Police and 
Sheriffs around the nation, Attorney General Ashcroft testified 
that the COPS program was a ``miraculous success.'' Numerous 
statistical studies have also concluded that the COPS program 
is effective in reducing crime. These studies include:
     In July 2004, criminologists from the University 
of Nebraska and Texas State University released a comprehensive 
report concluding that ``COPS hiring and innovative grant 
programs are related to significant reductions in local crime 
rates in cities with population greater than 10,000 for both 
violent and non-violent offenses.''
     On June 3, 2005, the Government Accountability 
Office released a report that found that ``using COPS hiring 
grants as a statistical link between the change in the numbers 
of sworn officers and the change in crime, we estimated that 
COPS-funded increases in sworn officers per capita were 
associated with declines in the rates of total index crimes, 
violent crime and property crimes * * * These effects held 
after we controlled for the effects of other federal law 
enforcement grant program expenditures by agencies, local 
socio-economic and demographic changes that could affect crime, 
and state level factors--such as increases in incarceration, 
changes in sentencing practice, and state-level changes in 
other programs such as welfare--that could also effect crime.''
     In March 2007, the Brookings Institute released 
Policy Brief # 158, entitled, ``MORE COPS'' concluding that:
          The COPS program contributed to the drop in crime 
        observed in the 1990s, and it appears that COPS is one 
        of the most cost effective options for fighting crime;
          Each $1.4 billion invested in the COPS program is 
        likely to generate a benefit to society from $6 billion 
        to $12 billion.
    The COPS Office was reauthorized as part of the Department 
of Justice reauthorization in the 109th Congress. Regrettably, 
in order to be reauthorized, the COPS program was forced to 
combine and collapse all of its purposes together and undercut 
its original intent. The successful cornerstone of COPS has 
been the hiring program, but funding for hiring local officers 
was eliminated in the reauthorization. The COPS Improvement Act 
of 2007 restores the Federal Government's commitment to helping 
local law enforcement hire officers. It reestablishes the 
Office of Community Oriented Policing Services as a distinct 
office within the Department of Justice and prioritizes hiring 
for three specific purposes--general community policing, local 
counter-terrorism officers, and school resource officers. The 
bill also reauthorizes funds for technology grants and 
community prosecutors, and makes critical improvements to 
ensure efficient grant management and to eliminate waste.
    Specifically, the legislation will authorize $1.15 billion 
per year for:
     Police Hiring Grants--The legislation authorizes 
$600 million per year for local agencies to hire officers to 
engage in general community policing efforts, counter-terrorism 
and intelligence gathering efforts, and school resource 
officers to combat school violence, depending on the needs of 
the applicant community. These resources can also be used to 
help communities retain officers, pay overtime costs, and 
reimburse officers for training costs.
     Law Enforcement Technology Grants--The legislation 
authorizes $350 million per year for police departments to 
acquire new technology and equipment for uses such as analyzing 
real-time crime data and incident reports to anticipate trends 
in crime, mapping crime ``hot spots,'' examining DNA evidence, 
or purchasing cameras for squad cars to keep records of police 
encounters.
     Community Prosecutor Grants--The legislation 
authorizes $200 million per year to help local district 
attorneys hire community prosecutors trained to work in and 
around neighborhoods to prevent crime, build relationships in 
the community, and use the authority of the prosecutor's office 
to improve the quality of life in the area.
    As crime rates have started to rise again, and as the FBI 
reprograms field agents from crime to terrorism, the COPS 
Improvement Act will help ensure that state and local law 
enforcement have the personnel and equipment to combat and 
respond to crime and terrorism.

          II. History of the Bill and Committee Consideration

    Senator Biden introduced the bipartisan COPS Improvement 
Act on January 28, 2007. The legislation has 35 cosponsors 
including Judiciary Chairman Leahy and Ranking Member Specter. 
Other cosponsors include Senators Baucus, Boxer, Brown, Byrd, 
Cantwell, Cardin, Clinton, Dodd, Durbin, Feinstein, Harkin, 
Kennedy, Kerry, Klobuchar, Kohl, Landrieu, Lautenberg, Levin, 
Lieberman, McCaskill, Menendez, Mikulski, Murray, Nelson, 
Obama, Reed, Reid, Rockefeller, Salazar, Sanders, Schumer, 
Smith, and Stabenow.
    The Fraternal Order of Police, the National Association of 
Police Organizations, the National Sheriffs Association, the 
International Association of Chiefs of Police, the Major Cities 
Chiefs, and the International Union of Police Associations have 
endorsed this legislation.
    The bill was listed on the Judiciary Committee agenda on 
March 1, 2007, and was considered by the Committee on March 14, 
2007, at which time the Committee agreed to report it 
favorably.

              III. Section-by-Section Summary of the Bill

Section 1. Short title

    This section entitles the bill as the ``COPS Improvements 
Act of 2007.''

Section 2. COPS grant improvements

    (a)(1) Amendments to COPS Programs.--This section modifies 
provisions of the Omnibus Crime Control and Safe Streets Act of 
1968 (``the Act'') regarding public safety and community 
policing to authorize the Attorney General to carry out grant 
programs and ensure individuals are included among the entities 
eligible for funding.
    (a)(2) Community Policing and Crime Prevention Grants.--
This section 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 
establishes a new program to establish and implement innovative 
programs to reduce and prevent illegal drug manufacturing, 
distribution, and use, including of methamphetamine.
    (a)(3) This section eliminates the preferential treatment 
of certain grants where the non-federal contribution exceeds 
the 25 percent minimum under hiring grants.
    (a)(4) and (5) These sections redesignate subsections.
    (a)(6) This section reauthorizes the ``Troops-to-COPS'' 
program. This program awards grants to hire former members of 
the Armed Forces as career law enforcement officers. (This 
program was initially authorized in the 1994 Crime Act, but was 
eliminated in the 2005 Violence Against Women Act 
Authorization.)
    This section also authorizes a ``Community Prosecutors 
Program'' to pay for additional community prosecuting programs, 
including programs that assign prosecutors to (1) handle cases 
from specific geographic areas; and (2) address counter-terror 
problems, specific violent crime problems, and localized 
violent and other crime problems.
    This section also authorizes a ``Technology Grants'' 
program. This program will award grants to develop and use new 
technologies, including interoperable communications 
technologies, modernized criminal record technologies, and 
forensic technologies, 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.
    (a)(7) This section clarifies and expands the entities that 
may receive technical assistance or model technical assistance. 
It also identifies ``regional community policing institutes'' 
as those entities that may be established and operated, and 
makes the COPS Office the exclusive entity to perform the 
functions in this section.
    (a)(8) The section delineates that the COPS Office is the 
entity of the Department of Justice to carry out the programs 
in the bill.
    (a)(9) This section clarifies that the minimum amounts 
available to grantees in States apply to the rehiring or hiring 
of law enforcement officers deployed in community policing.
    (a)(10) This section eliminates the requirement that the 
federal share of hiring grants decrease during the course of 
the grant.
    (a)(11) This section clarifies the requirement that officer 
positions shall be retained for 12 months after the end of the 
grant period.
    (b) Applications.--This section modifies provisions of the 
Omnibus Crime Control and Safe Streets Act of 1968 regarding 
applications.
    (b)(1) This section gives the Attorney General the 
authority to waive the application requirements delineated in 
this section. It also eliminates the requirement that 
applications include a plan for progressively increasing non-
federal payments.
    (b)(2) This section strikes the SPECIAL PROVISIONS 
sections. Eliminated is the section providing special 
application provisions for jurisdictions with populations under 
50,000. It also eliminates the section providing special 
provisions for applications for small grant amounts (grants 
under $1,000,000.)
    (c) Renewal of Grants.--this section clarifies that grants 
may be renewed, without limitations on their duration to 
provide additional funds, and eliminates the duration to which 
they may be renewed. It also establishes the definition for 
``No Cost Extensions'' of grants, to provide more time to 
complete the objectives of the award.
    (d) Limitations on Use of Funds.--
    (d)(1) This section clarifies the ``non supplanting 
requirement'' to provide that the Attorney General has the 
authority to determine when supplanting has occurred.
    (d)(2) This section eliminates the $75,000 cap for hiring 
officers.
    (e) Enforcement Actions.--
    (e)(1) This section renames the title of the section 
``Enforcement Actions'' from ``Revocation or Suspension of 
Funding.'' This section also allows the Attorney General to 
take any enforcement actions available to the Department of 
Justice.
    (f) Definitions.--
    (f)(1) This section amends the definition of a ``career law 
enforcement officer'' to include the requirement that the 
officer be a ``sworn law enforcement officer.''
    (f)(2) This section clarifies that officers for the Amtrak 
Police Department are included in the definition of ``career 
law enforcement officer.''
    (g) Authorization of Appropriations--This section 
authorizes $1.150 billion for the programs under this part. It 
amends the amount available for training and technical 
assistance to be 5%, not 3%. It delineates the amounts 
available for hiring officers ($600M), hiring prosecutors 
($200M) and technology grants ($350M). Finally, this section 
eliminates the amounts of grant funds dedicated to applicants 
from populations greater than 150,000, and those applications 
from jurisdictions with populations less than 150,000.
    (h) Purposes.--
    (h)(1) This section clarifies that the purpose of the 
technology grants is to encourage the ``use'' of new 
technologies.
    (h)(2) This section eliminates the previous 6 year 
authorization of hiring grants.
    (i) COPS Program Improvements.--
    (i)(1) This section removes COPS from the list of agencies 
that are required to participate in the Office of Audit, 
Assessment, and Management and the Community Capacity and 
Development Office established by the Violence Against Women 
Act Authorization of 2005. This will clarify that the COPS 
Office will administer its own monitoring and training and 
technical assistance for its unique grants and grantees.
    (i)(2) This section states that the new Office of Law 
Enforcement Technology established by the Violence Against 
Women Act Authorization of 2005 shall not apply to COPS grants.

                           IV. Cost Estimate

                                                    March 21, 2007.
Hon. Patrick J. Leahy,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 368, the COPS 
Improvements Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

S. 368--COPS Improvements Act of 2007

    Summary: S. 368 would make many changes to the laws 
relating to the distribution and permitted uses of Community 
Oriented Policing Services (COPS) grants and would increase the 
authorization level for this program from $1.047 billion 
annually to $1.15 billion annually through fiscal year 2009. 
CBO estimates that implementing S. 368 would cost $190 million 
over the 2007-2012 period, assuming appropriation of the 
authorized amounts. Enacting the bill would not affect direct 
spending or receipts.
    S. 368 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 S. 368 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 2007 for the COPS 
program. The cost of this legislation falls within budget 
function 750 (administration of justice).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                     -----------------------------------------------------------
                                                        2007      2008      2009      2010      2011      2012
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law:
    Budget Authority/Authorization Level /1/........       542     1,047     1,047         0         0         0
    Estimated Outlays...............................       749       644       717       721       553       366
Proposed Changes:
    Authorization Level.............................         0       103       103         0         0         0
    Estimated Outlays...............................         0        12        41        55        46        36
Spending Under S. 368:
    Budget Authority/Authorization Level............       542     1,150     1,150         0         0         0
    Estimated Outlays...............................       749       656       758       776       599      402
----------------------------------------------------------------------------------------------------------------
/1/ The 2007 level is the amount appropriated for that year for COPS grants. The levels shown for 2008 and 2009
  are the amounts authorized by current law.

    Intergovernmental and private-sector impact: S. 368 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. It would make several changes to a program 
for those governments to buy equipment, use law enforcement 
technology, and hire more police officers. It would also 
increase the authorization level for fiscal years 2008 and 
2009. Assuming the appropriation of authorized amounts, those 
governments would receive additional funding of nearly $200 
million over the 2008-2012 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: Amy Petz.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    V. Regulatory Impact Evaluation

    In compliance with rule XXVI of the Standing Rules of the 
Senate, the Committee finds that no significant regulatory 
impact will result from the enactment of S. 368.

                             VI. Conclusion

    The COPS Improvement Act of 2007 will restore Congress's 
commitment to State and local law enforcement by reaffirming 
the cornerstone of the COPS program--federal assistance for 
hiring, training, and equipping local officers. In addition, 
the COPS Improvement Act of 2007 will capitalize on the strong 
relationships the COPS Office has built with State and local 
law enforcement by re- establishing the COPS Office as the 
entity within the Department of Justice to conduct the 
activities authorized in this act. The bill will also make 
critical improvements to ensure efficient grant management and 
eliminate waste.

       VII. Changes in Existing Law Made by the Bill as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, 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 italic, existing law in which no change is 
proposed is shown in roman):

                  TITLE I--PUBLIC SAFETY AND POLICING

SEC. 10001. SHORT TITLE.

    This title may be cited as the ``Public Safety Partnership 
and Community Policing Act of 1994''.

SEC. 10002. PURPOSES.

    The purposes of this title are to--
          (1) substantially increase the number of law 
        enforcement officers interacting directly with members 
        of the community (``cops on the beat'');
          (2) provide additional and more effective training to 
        law enforcement officers to enhance their problem 
        solving, service, and other skills needed in 
        interacting with members of the community;
          (3) encourage the development and implementation of 
        innovative programs to permit members of the community 
        to assist State, Indian tribal government, and local 
        law enforcement agencies in the prevention of crime in 
        the community; and
          (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.

SEC. 10003. COMMUNITY POLICING; ``COPS ON THE BEAT''.

    (a) In General.--Title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
          (1) by redesignating part Q as part R;
          (2) by redesignating section 1701 as section 1801; 
        and
          (3) by inserting after part P the following new part:

   ``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 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, and 
individuals for the purposes described in subsection (b).
    ``(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) rehire law enforcement officers who have been 
        laid off as a result of State and local budget 
        reductions for deployment in community-oriented 
        policing;
          ``(2) hire and train new, additional career law 
        enforcement officers for deployment in community-
        oriented policing across the Nation;
          ``(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 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;
          (6) increase the number of law enforcement officers 
        involved in activities that are focused on interaction 
        with members of the community on proactive crime 
        control and prevention by redeploying officers to such 
        activities;
          ``(7) provide specialized training to law enforcement 
        officers to enhance their conflict resolution, 
        mediation, problem solving, service, and other skills 
        needed to work in partnership with members of the 
        community;
          ``(8) increase police participation in 
        multidisciplinary early intervention teams;
          [``(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;]
          ``(9 [10]) 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;
          ``(10 [11]) 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;
          ``(11 [12]) 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;'']
          ``(12 [14]) develop and establish new administrative 
        and managerial systems to facilitate the adoption of 
        community-oriented policing as an organization-wide 
        philosophy;
          ``(13 [15]) 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;
          ``(14 [16]) 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]
          ``(15 [17]) 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; and
          ``(17) award enhancing community policing and crime 
        prevention grants that meet the emerging law 
        enforcement needs, as warranted.''
    ``(c) Preferential Consideration of Applications for 
Certain Grants.--In awarding grants under this part, the 
Attorney General may give preferential consideration, where 
feasible, to applications for hiring and rehiring additional 
career law enforcement officers that involve a non-Federal 
contribution exceeding the 25 percent minimum under subsection 
(g).]
    ``(c) Troops-to-Cops Programs.--
          ``(1) In general.--Grants made under subsection (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.
    ``(d) Community Prosecutors Program.--
          ``(1) award grants to pay for additional community 
        prosecuting programs, including programs that assign 
        prosecutors to handle cases from specific geographic 
        areas, to address counter-terrorism problems, specific 
        violent crime problems (including intensive illegal 
        gang, gun, and drug enforcement and quality of life 
        initiatives) and to address localized violent and other 
        crime problems based on needs identified by local law 
        enforcement agencies, community organizations, and 
        others;
    ``(e) Technology Grants.--
          ``(1) award grants 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;
    ``(f[d]) 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 element of the 
        Department of Justice to perform the functions and 
        activities specified in this paragraph.
    ``(g[e]) Utilization of Components.--The Attorney General 
[may] shall utilize the Office of Community Oriented Policing 
Services [any component or components] of the Department of 
Justice in carrying out this part.
    ``(h[f]) 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 subchapter.
    ``(i[g]) 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, 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 3796dd-1(c)(8) 
of this title.
    [``(h) Allocation of Funds.--The funds available under this 
part shall be allocated as provided in section 3793(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 September 13, 1994. 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.--In 
relation to a grant under subsection (b)(1) or (b)(2) for 
hiring or rehiring career law enforcement officers, grant 
recepients shall retain each additional officer position for 12 
months following the grant funding period, unless the Attorney 
General waives, wholly or in part, the retention requirement of 
a program, project, or activity.

``SEC. 1702. APPLICATIONS.

    ``(a) In General.--No grant may be made under this part 
unless an application has been submitted to, and approved by, 
the Attorney General.
    ``(b) Application.--An application for a grant under this 
part shall be submitted in such form, and contain such 
information, as the Attorney General may prescribe by 
regulation or guidelines.
    ``(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) include a long-term strategy and detailed 
        implementation plan that reflects consultation with 
        community groups and appropriate private and public 
        agencies;
          ``(2) demonstrate a specific public safety need;
          ``(3) explain the applicant's inability to address 
        the need without Federal assistance;
          ``(4) identify related governmental and community 
        initiatives which complement or will be coordinated 
        with the proposal;
          ``(5) certify that there has been appropriate 
        coordination with all affected agencies;
          ``(6) outline the initial and ongoing level of 
        community support for implementing the proposal 
        including financial and in-kind contributions or other 
        tangible commitments;
          ``(7) specify plans for obtaining necessary support 
        and continuing the proposed program, project, or 
        activity following the conclusion of Federal support;
          [``(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;]
          ``(8[9]) assess the impact, if any, of the increase 
        in police resources on other components of the criminal 
        justice system;
          ``(9[10]) explain how the grant will be utilized to 
        reorient the affected law enforcement agency's mission 
        toward community-oriented policing or enhance its 
        involvement in or commitment to community-oriented 
        policing; and
          ``(10[11]) provide assurances that the applicant 
        will, to the extent practicable, seek, recruit, and 
        hire members of racial and ethnic minority groups and 
        women in order to increase their ranks within the sworn 
        positions in the law enforcement agency.
    [``(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] A 
grant[s] made under this part may be renewed without 
limitations on the duration of such renewal, to provide 
additional funds, [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.]
    ``(b) No Cost Extension.--Not withstanding 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.

``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 the Attorney General determines would, in the 
absence of Federal funds received under this part, be made 
available for the grant purpose from State or local sources, or 
in the case of Indian tribal governments, from funds supplied 
by the Bureau of Indian Affairs.
    ``(b) Non-Federal Costs.--
          ``(1) In general.--States and units of local 
        government may use assets received through the Assets 
        Forfeiture equitable sharing program to provide the 
        non-Federal share of the cost of programs, projects, 
        and activities funded under this part.
          ``(2) Indian tribal governments.--Funds appropriated 
        by the Congress for the activities of any agency of an 
        Indian tribal government or the Bureau of Indian 
        Affairs performing law enforcement functions on any 
        Indian lands may be used to provide the non-Federal 
        share of the cost of programs or projects funded under 
        this part.
    [``(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) Monitoring Components.--Each program, project, or 
activity funded under this part shall contain a monitoring 
component, developed pursuant to guidelines established by the 
Attorney General. The monitoring required by this subsection 
shall include systematic identification and collection of data 
about activities, accomplishments, and programs throughout the 
life of the program, project, or activity and presentation of 
such data in a usable form.
    ``(b) Evaluation Components.--Selected grant recipients 
shall be evaluated on the local level or as part of a national 
evaluation, pursuant to guidelines established by the Attorney 
General. Such evaluations may include assessments of individual 
program implementations. In selected jurisdictions that are 
able to support outcome evaluations, the effectiveness of 
funded programs, projects, and activities may be required. 
Outcome measures may include crime and victimization 
indicators, quality of life measures, community perceptions, 
and police perceptions of their own work.
    ``(c) Periodic Review and Reports.--The Attorney General 
may require a grant recipient to submit to the Attorney General 
the results of the monitoring and evaluations required under 
subsections (a) and (b) and such other data and information as 
the Attorney General deems reasonably necessary.

``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 take any 
enforcement action or actions available to the Department of 
Justice [revoke or suspend funding of that grant, in whole or 
in part].

``SEC. 1707. ACCESS TO DOCUMENTS.

    ``(a) By the Attorney General.--The Attorney General shall 
have access for the purpose of audit and examination to any 
pertinent books, documents, papers, or records of a grant 
recipient under this part and to the pertinent books, 
documents, papers, or records of State and local governments, 
persons, businesses, and other entities that are involved in 
programs, projects, or activities for which assistance is 
provided under this subchapter.
    ``(b) By the Comptroller General.--Subsection (a) shall 
apply with respect to audits and examinations conducted by the 
Comptroller General of the United States or by an authorized 
representative of the Comptroller General.

``SEC. 1708. GENERAL REGULATORY AUTHORITY.

    ``The Attorney General may promulgate regulations and 
guidelines to carry out this subchapter.

``SEC. 1709. DEFINITIONS.

    ``In this subchapter
          (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, including officers for the 
        Amtrak Police Department.
          (2) `` `citizens' police academy' means a program by 
        local law enforcement agencies or private non profit 
        organizations in which citizens, especially those who 
        participate in neighborhood watch programs, are trained 
        in ways of facilitating communication between the 
        community and local law enforcement in the prevention 
        of crime.
          (3) `` `Indian tribe' means a tribe, band, pueblo, 
        nation, or other organized group or community of 
        Indians, including an Alaska Native village (as defined 
        in or established under the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.)), that is 
        recognized as eligible for the special programs and 
        services provided by the United States to Indians 
        because of their status as Indians.''
          ``(4) 'school resource officer' means a career law 
        enforcement officer, with sworn authority, deployed in 
        community-oriented policing, and assigned by the 
        employing police department or agency to work in 
        collaboration with schools and community-based 
        organizations--
                  ``(A) to address crime and disorder problems, 
                gangs, and drug activities affecting or 
                occurring in or around an elementary or 
                secondary school;
                  ``(B) to develop or expand crime prevention 
                efforts for students;
                  ``(C) to educate likely school-age victims in 
                crime prevention and safety;
                  ``(D to develop or expand community justice 
                initiatives for students;
                  ``(E) to train students in conflict 
                resolution of physical changes in the 
                environment that may reduce crime in or around 
                the school; and
                  ``(F[G]) to assist in developing school 
                policy that addresses crime and to recommend 
                procedural changes.''
    (b) Technical Amendment.--The table of contents of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3711, et seq.) is amended by striking the item relating 
to part Q and inserting the following:

   ``Part Q--Public Safety and Community Policing; `Cops on the Beat'

``Sec. 1701. Authority to make public safety and community policing 
          grants.
``Sec. 1702. Applications.
``Sec. 1703. Renewal of grants.
``Sec. 1704. Limitation on use of funds.
``Sec. 1705. Performance evaluation.
``Sec. 1706. Revocation or suspension of funding.
``Sec. 1707. Access to documents.
``Sec. 1708. General regulatory authority.
``Sec. 1709. Definition.

             ``Part R--Transition; Effective Date; Repealer

``Sec. 1801. Continuation of rules, authorities, and proceedings.''.
    (c) Authorization of Appropriations.--Section 1001(a) of 
title I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3793) is amended--
          (1) in paragraph (3) by striking ``and O'' and 
        inserting ``O, P, and Q''; and
          (2) by adding at the end the following new paragraph:
          ``(11)(A) There are authorized to be appropriated to 
        carry out part Q, to remain available until expended 
        [$1,047,119,000] $1,150,000,000 for each fiscal years 
        2006 through 2009.
          ``(B) Of funds available under part Q in any fiscal 
        year, up to [3] 5 percent may be used for technical 
        assistance under section 1701(d) 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 in relation to 
        grants under part Q, at least $600,000,000 shall be 
        applied to 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.

                                  
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