Order Code RL33308
Community Oriented Policing Services
(COPS):
Background, Legislation, and Issues
Updated November 24, 2008
Nathan James
Analyst in Crime Policy
Domestic Social Policy Division
Funding
Nathan James
Analyst in Crime Policy
July 14, 2009
Congressional Research Service
7-5700
www.crs.gov
RL33308
CRS Report for Congress
Prepared for Members and Committees of Congress
Community Oriented Policing Services (COPS):
Background, Legislation, and Issues
Funding
Summary
The Community Oriented Policing Services (COPS) program was created by
Title I of the Violent
Crime Control and Law Enforcement Act of 1994 (P.L. 103322). The 103-322). The mission of the COPS
program is to advance community policing in all jurisdictions across the United States. The
Violence Against Women and Department of Justice Reauthorization Act
of 2005 (P.L. 109-162)
reauthorized the COPS program through FY2009 and
changed the COPS program from a multi-grantmultigrant program to a single-grant program.
Three Several bills werehave been introduced in the 110th111th Congress, H.R. 1700, S. 368, and Subtitle A
of Title I of S. 2237, would have, among other things, expanded the scope of COPS
grant programs, made COPS an exclusive component of the Department of Justice
(DOJ), and authorized additional funding for COPS
that would modify the COPS program, reauthorize appropriations for the program, or both. Three
of these bills—H.R. 1139, S. 167, and H.R. 1568—would reauthorize appropriations for the
COPS program. In addition, H.R. 1139 and S. 167 would, among other things, change COPS
from a single-grant to a multi-grant program and make the COPS Office an exclusive component
of the Department of Justice (DOJ). H.R. 3154 and S. 1424 would require the Attorney General to
award grants to units of local government with high violent crime rates so they could increase the
size of their police forces.
Appropriations for the COPS program were more than $1 billion for each fiscal
of fiscal year (FY)
FY1995-FY2002, with the exception of FY2000 ($595 million).
Appropriations for the COPS program decreased each fiscal year for FY2002FY2006, but funding for COPS increased since FY2006.
According to the DOJ, by 2000, the COPS program funded 105,000 police
officers. The Government Accountability Office (GAO) estimates that COPS
funding paid for a total of about 88,000 additional officer years from 1994 to 2001.
In its 2005 evaluation of the COPS program, the GAO estimated that COPS funding
contributed to a 1.3% decline in the overall crime rate and a 2.5% decline in the
violent crime rate between 1993 and 2000.
An audit by DOJ’s Inspector General (OIG) found problems with DOJ’s COPS
Office and the COPS grant programs. In its 2003 report, the OIG noted that there
was a structural overlap between Office of Justice Programs (OJP) and the COPS
Office and a duplication in some of OJP’s and COPS’ grant programs. A 2000
evaluation, sponsored by the National Institute of Justice (NIJ), suggested that, in
general, the COPS program was able to meet its goal of promoting community
policing by providing hiring and technology grants to local law enforcement
agencies.
As the COPS program continues to evolve, several questions may concern
lawmakers, including (1) will COPS become a program that solely funds technology
efforts for state and local law enforcement, (2) is providing funding to state and local
law enforcement agencies for hiring community policing officers a cost-effective way
to fight crime, and (3) in order to prevent an overlap in the structure of the programs
administered by the COPS Office and OJP, should the COPS Office be responsible
for managing all of the funding appropriated to it rather than transferring some of its
activities to OJP? This report will be updated as warranted.
Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Amendments to the ‘94 Crime Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
COPS Reauthorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
The Violence Against Women and Department of Justice Reauthorization
Act of 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Legislation in the 110th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
COPS Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
COPS Evaluation and Audit Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
GAO Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
DOJ OIG Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
NIJ Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Appendix. Administration’s Requested Funding for COPS, Enacted
Appropriations, Enacted Appropriations for Hiring Programs,
FY1995-FY2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
List of Figures
Figure 1. COPS Appropriations, FY1995-FY2008 . . . . . . . . . . . . . . . . . . . . . . . . 6
Figure 2. COPS Total Appropriations and Appropriations for Hiring
Programs, FY1995-FY2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Community Oriented Policing Services
(COPS): Background, Legislation,
and Issues
Introduction
The COPS program was last reauthorized in the 109th Congress in the Violence
Against Women and Department of Justice Reauthorization Act of 2005 (P.L. 109162). As a part of the reauthorization, Congress consolidated the COPS program into
a single-grant program, discussed below. Legislation was introduced in the 110th
Congress that would have restructured and reauthorized funding for the COPS
program.
Background
The Community Oriented Policing Services (COPS) program was created by
Title I of the Violent Crime Control and Law Enforcement Act of 19941 (the ‘94
Crime Act). The mission of the COPS program is to advance community policing
in all jurisdictions across the United States. The COPS program awards grants to
state, local and tribal law enforcement agencies throughout the United States so they
can hire and train law enforcement officers to participate in community policing,
purchase and deploy new crime-fighting technologies, and develop and test new and
innovative policing strategies.2
According to the COPS Office, it has awarded more than $11.4 billion to over
13,000 law enforcement agencies across the United States since it started awarding
grants in 1994.3 The COPS Office also reported that it has funded more than 118,000
community policing officers throughout the United States as of the end of FY2004.4
Under Title I of the ‘94 Crime Act, the Attorney General is authorized to make
grants to states, units of local government, Indian tribal governments, other public
and private entities, and multi-jurisdictional or regional consortia to increase the
1
P.L. 103-322; 42 U.S.C. §3796dd.
2
DOJ COPS Office, “About Community Oriented Policing Services Office,” at
[http://www.cops.usdoj.gov/Default.asp?Item=35].
3
Carl Peed, “Message from the Director,” at [http://www.cops.usdoj.gov/Default.asp?
Item=37].
4
Community Oriented Policing Services Office, “About Community Oriented Policing
Services Office, at [http://www.cops.usdoj.gov/Default.asp?Item=35].
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number of police officers and to focus the officers’ efforts on community policing.
Grant funds awarded under this title can be used to
!
!
!
hire new police officers;
rehire police officers who have been laid off; and
obtain equipment or support systems and provide overtime pay, if it
results in an increase of the number of officers deployed in
community-oriented policing.
Funds can also be used for other non-hiring purposes such as
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!
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!
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training law enforcement officers in crime prevention and
community policing techniques;
developing technologies that emphasize crime prevention;
linking community organizations and residents with law
enforcement;
supporting the purchase of weapons for police officers;
decreasing the amount of time police must spend away from the
community while awaiting court appearances; and
facilitating the establishment of community-oriented policing as an
organization-wide philosophy.5
Amendments to the ‘94 Crime Act
In 1998, P.L. 105-302 amended the ‘94 Crime Act to allow COPS funding to
be used for school resource officers. In 2003, P.L. 108-216 also amended the ‘94
Crime Act to allow COPS funding to be used for assisting states to enforce sex
offender registration laws.7
COPS Reauthorization
The ‘94 Crime Act authorized funding for the COPS program through FY2000.
Debate on Title I of the ‘94 Crime Act focused on whether the COPS program would
be able to meet its goal of putting 100,000 new police officers on the beat by the end
of FY2000.8 Starting in 1999, Congress turned its attention to reauthorizing the
5
These bullets represent the types of activities that were originally authorized in P.L. 103322, which included (1) hiring programs such as Universal Hiring Program and Making
Officer Redeployment Effective (MORE), and (2) other activities such as Police Corps,
meth “hot spot” clean-up, law enforcement technology, and tribal law enforcement grants.
6
See §341 of the Prosecutorial Remedies and Other Tools to End the Exploitation of
Children Today Act (PROTECT) of 2003 (P.L. 108-21).
7
For additional information on sex offender registering laws, see CRS Report RL32800, Sex
Offender Registration and Community Notification Law: Enforcement and Other Issues, by
Garrine P. Laney.
8
See Senate debate, “Violent Crime Control and Law Enforcement Act of 1994 —
(continued...)
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COPS program. There was support from some Members of Congress for continuing
the COPS program.9 During this period, Congress discussed using COPS hiring
programs to put another 50,000 police officers on the streets.10 After COPS initial
authorization expired, several pieces of legislation were introduced in Congress that
would have reauthorized the COPS program; however, no legislation was enacted
until 2006 (see discussion below). Despite the expiration of the COPS program in
2000, however, Congress continued to appropriate funding for it.
The Violence Against Women and Department of
Justice Reauthorization Act of 2005
On January 5, 2006, the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (P.L. 109-162) was signed into law. The act
reauthorized the COPS program through FY2009. Along with reauthorizing the
8
(...continued)
Conference Report,” Congressional Record, vol. 140 (August 25, 1994), pp. S12496S12557; Rep. Manzullo, “Examining the Centerpiece of the Crime Bill,” Congressional
Record, vol. 140 (August 18, 1994), pp. H8691-H8694; Sen. Orrin Hatch, “The Signing of
the Crime Bill,” Congressional Record, vol. 140 (September 13, 1994), p. S12799; Rep.
William J. Coyne, “The Right Tools for Fighting Crime — Extension of Remarks,”
Congressional Record, vol. 140 (August 26, 1994), p. E1808; Senate debate, “The Crime
Bill,” Congressional Record, vol. 140 (August 22, 1994), pp. S12285-S12288; Senate
debate, “Violent Crime Control and Law Enforcement Act of 1994,” Congressional Record,
vol. 140 (August 22, 1994), pp. S12250-S12284.
9
See Senate debate, “Departments of Commerce, Justice, and State, the Judiciary and
Related Agencies Appropriation Act,” Congressional Record, vol. 145 (July 22, 1999),
pp. S8988-S9014; Rep. Bart Stupak, “COPS Program Good for Communities,”
Congressional Record, vol. 145 (May 12, 1999), p. H3070; Rep. Rush Holt, “Reauthorize
COPS Program,” Congressional Record, vol. 145 (May 12, 1999), p. H3003; Senate debate,
“Concurrent Resolution on the Budget for Fiscal Year 2000,” Congressional Record, vol.
145 (March 24, 1999) pp. S3301-3308; Senate debate, “Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 2000,’ Congressional
Record, vol. 145 (July 21, 1999), pp. S8940-S8947.
10
See U.S. Congress, Senate Committee on the Judiciary, Subcommittee on Crime and
Drugs, Making America’s Streets Safer: The Future of the COPS Program, 170th Cong., 1st
sess., December 5, 2001 (Washington: GPO, 2002); Senate debate, “Statement on
Introduced Bills and Joint Resoluations,” Congressional Record, vol. 145 (January 19,
1999), pp. S345-S470; House debate, “Democratic Legislative Agenda Held Hostage by Donothing/Do-wrong Republican Congress,” Congressional Record, vol. 145 (November 3,
1999) pp. H11452-H11459; U.S. Congress, House Committee on Appropriations,
Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Bill, Fiscal Year 2001, report to accompany H.R. 4690, 106th Cong., 2nd
sess., H.Rept. 106-680 (Washington, GPO, 2000), p. 8; House debate, “Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act,
2002,” Congressional Record, vol. 147 (July 18, 2001), pp. H4167-H4202; Senate debate,
“Statement on Introduced Bills and Joint Resolutions,” Congressional Record, vol. 145
(March 25, 1999), pp. S3440-S3457; Sen. Orrin Hatch, “Hatch Amendment No. 246,”
Congressional Record, vol. 145 (April 12, 1999), p. S3600.
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COPS program, the act amended current law11 to change the COPS program into a
single-grant program. Prior to the enactment of P.L. 109-162, the COPS program
consisted of several different subgrant programs that required applicants to apply for
funding under each program. Funds awarded to state or local law enforcement can
now be used to hire community policing officers or fund non-hiring programs.
Legislation in the 110th Congress
Three bills introduced in the 110th Congress, H.R. 1700 and S. 368 (both titled
the “COPS Improvement Act of 2007”) and Subtitle A of Title I of S. 2237 (titled the
“COPS Improvement Act”), would have, among other things
!
changed COPS from a single-grant program to a multi-grant
program;
!
established three new grant programs within COPS (a Troops-toCops program, a Community Prosecutors program, and a
Technology Grants program);
!
made the COPS Office the exclusive component of DOJ to award
and monitor COPS grants and to provide training and technical
assistance to further community-oriented policing; and
!
reauthorized funding for COPS.
COPS Appropriations
The final funding levels for FY2009 for COPS have not been determined.
Division A of the Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009 (P.L. 110-329) funded COPS at FY2008 levels until either
March 6, 2009, or until a final appropriations bill is enacted. However, section 109
of Division A prevents COPS from making any grant awards until final funding for
COPS is enacted. Section 109 reads, “... for those programs that would otherwise
have high initial rates of operation or complete distribution of appropriations at the
beginning of fiscal year 2009 because of distributions of funding to States, foreign
countries, grantees, or others, such high initial rates of operation or complete
distribution shall not be made, and no grants shall be awarded for such programs
funded by this joint resolution that would impinge on final funding prerogatives.”
Congress first appropriated funding for the COPS program in 1995 at $1.3
billion (see Figure 1 and the Appendix). As illustrated in Figure 1, in FY1996, the
total amount appropriated increased 7.7% ($1.4 billion), and in FY1997,
appropriations increased by 1.2% ($1.42 billion). Appropriations for the COPS
program in FY1998 decreased 1.2% from FY1997 to almost the same level of
11
42 U.S.C. §3796dd(d).
CRS-5
appropriations it received in FY1996 ($1.4 billion). Appropriations for the COPS
program remained constant at about $1.4 billion, until FY2000, when appropriations
decreased 57.5% ($595 million) from the previous fiscal year. Appropriations for the
COPS program began to increase again in FY2001. In FY2001, Congress increased
the COPS appropriation by 73.5%, to slightly over $1 billion. In FY2002, COPS
appropriations increased 1.7% from the previous fiscal year. In FY2003, COPS
appropriations decreased by 6.3% ($984 million) from FY2002, and in FY2004, the
program’s appropriations decreased by 23.2% ($756 million)12 from the previous
year. In FY2005, appropriations for the COPS program decreased 19.8% ($606
million)13 from FY2004, and in FY2006, the COPS program saw another 21.1%
($478 million)14 reduction. Appropriations for COPS increased 13.4% ($542
million)15 in FY2007 compared with FY2006, and in FY2008, COPS appropriations
increased another 8.4% ($587 million).16
12
This amount does not reflect a $6.378 million rescission imposed by Congress on all
COPS unobligated balances. Rescission amounts specific to the COPS program are
rescinded from recoveries of prior year de-obligation and not from enacted appropriations.
Recoveries are previously obligated funds from prior year appropriations that have been
de-obligated. De-obligations can result from events such as a grantee withdrawing from a
grant or modifying a grant. During the closeout phase of a grant, any unused funds by
grantees are also typically de-obligated (i.e., returned to DOJ). E-mail correspondence with
Congressional Affairs Office, Community Oriented Policing Services Office on April 30,
2007.
13
This amount does not reflect a $99 million rescission imposed by Congress on all COPS
unobligated balances.
14
This amount does not reflect a $86.5 million rescission imposed by Congress on all COPS
unobligated balances.
15
This amount does not include an across-the-board rescission of 0.5% to OJP and COPS
programs to fund the Office of Audit, Assessment and Management (OAAM). Email
correspondence with Congressional Affairs Office, Community Oriented Policing Services
Office on April 30, 2007.
16
This amount does not reflect a $87.5 million rescission imposed by Congress on all COPS
unobligated balances, nor does it reflect a $10.3 million rescission imposed by Congress on
appropriations for the COPS program that were appropriated from the Violent Crime
Reduction Trust Fund.
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Figure 1. COPS Appropriations, FY1995-FY2008
$1,600
Appropriations (in millions of $)
$1,400
$1,200
$1,000
$800
$600
$400
$200
$0
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Fiscal Year
Source: FY1995 appropriations taken from H.Rept. 103-708; FY1996 appropriations taken from
H.Rept. 104-537; FY1997 appropriations taken from H.Rept. 104-863; FY1998 appropriations taken
from H.Rept. 105-405; FY1999 appropriations taken from H.Rept. 105-825; FY2002 appropriations
taken from H.Rept. 106-479; FY2001 appropriations taken from H.Rept. 106-1005; FY2002
appropriations taken from H.Rept. 107-278; FY2003 appropriations taken from H.Rept. 108-10;
FY2004 appropriations taken from H.Rept. 108-401; FY2005 appropriations taken from H.Rept. 108792; FY2006 appropriations taken from H.Rept. 109-272; FY2007 appropriations taken from P.L.
110-5; and FY2008 appropriations taken from P.L. 110-161.
In the early years of the COPS program, a majority of the program’s enacted
appropriations went to grant programs specifically aimed at hiring more police
officers (see Figure 2).17 Beginning in FY1998, however, enacted appropriations for
COPS hiring programs began to decline, whereas non-hiring grant programs started
to see an increase in appropriations.18 Congress has traditionally specified what
amounts of the COPS appropriation each fiscal year are to be used for hiring
17
Hiring grant programs include COPS Universal Hiring Program, COPS Making Officer
Re-deployment Effective, COPS in Schools and Homeland Security Overtime (FY2003
only).
18
Non-hiring grant programs include Community Policing Development (T&TA), Police
Integrity, Tribal Resource Grant program, Methamphetamine Initiative, Safe Schools, Law
Enforcement Technology, Interoperable Communications program, DC Offender Services
program (FY1999 only), OIG Audit (FY1999 only), COPS Domestic Violence program,
Police Recruitment program (FY1998 only), Small Communities Grant program (FY1998
only), Police Corps, Innovative Programs, Bulletproof Vest program, Crime ID Tech
Assistance Act, DNA Backlog Elimination program, Crime Lab Improvement, Paul
Coverdell Forensic Science Grants, Criminal Record Upgrades, Offender Re-entry, Project
Sentry, and Community Prosecutors Grant program.
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programs and non-hiring programs. In FY2008, Congress appropriated $20 million
for hiring programs, the first time Congress has appropriated funding for hiring
programs since FY2005.
Figure 2. COPS Total Appropriations and Appropriations for Hiring
Programs, FY1995-FY2008
Appropriations (in millions of $)
$1,600
$1,400
$1,200
$1,000
$800
$600
$400
$200
$0
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Fiscal Year
Total Appropriations
Hiring Appropriations
Source: COPS total appropriations taken from H.Rept. 103-708, H.Rept. 104-537, H.Rept. 104-863,
H.Rept. 105-405, H.Rept. 105-825, H.Rept. 106-479, H.Rept. 106-1005, H.Rept. 107-278, H.Rept.
108-10, H.Rept. 108-401, H.Rept. 108-792, H.Rept. 109-272, P.L. 110-5, and P.L. 110-161. Hiring
appropriation amounts were provided by U.S. Department of Justice, Office of Community Oriented
Policing Services, Congressional Affairs Office.
COPS Evaluation and Audit Findings
GAO Report
According to the Department of Justice (DOJ), by 2000, the COPS program
funded 105,000 police officers.19 The Government Accountability Office (GAO),
found that COPS funding paid for a total of about 88,000 additional officer-years
from 1994 to 2001.20 Even though COPS may not have put 100,000 officers on the
19
U.S. Attorney General’s Office, Attorney General’s Report to Congress: Office of
Community Oriented Policing Services, September 2000, p. iii, at
[http://www.cops.usdoj.gov/mime/open.pdf?Item=289].
20
An officer-year refers to the number of officers in a given year the GAO could attribute
to COPS expenditures, and the additional officers in a given year attributable to COPS
(continued...)
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street, the GAO noted that COPS funding did result in more police officers being
hired than would have been expected if COPS did not provide the hiring grants.
Moreover, the GAO estimated that COPS funding contributed to a 1.3% decline in
the overall crime rate and a 2.5% decline in the violent crime rate for the years 1993
to 2000.21
DOJ OIG Report
A 2003 DOJ Office of the Inspector General (OIG) audit of the COPS program
noted that there is a structural overlap between Office of Justice Programs (OJP) and
COPS and there is a duplication in some of OJP’s and COPS’ grant program.22
According to the OIG, COPS entered into a series of reimbursable agreements each
year with OJP to have OJP provide services to help COPS carry out its mission. The
OIG also found that an increasing percentage of COPS funding was being
administered by OJP.23
NIJ Report
In 2000, the National Institute of Justice (NIJ) published the findings of an
evaluation of the COPS program it sponsored through a grant to the Urban Institute.24
The evaluation focused on COPS grants enabling law enforcement agencies (1) to
hire police officers to engage in community policing activities, and (2) to redeploy
existing officers to community policing by increasing officer productivity through the
acquisition of technology or by freeing up officers for community policing by filling
some officer-held positions with civilians. Some of the findings that NIJ reported
included
20
(...continued)
expenditures represents a net addition to the stock of sworn officers. An officer-year is not
equivalent to the total number of officers or full-time officer equivalents hired as a result of
COPS grant funds; nor is it equivalent to the total number officers funded by COPS grants.
U.S. Government Accountability Office, Community Policing Grants: COPS Grants Were
a Modest Contributor to Declines in Crime in the 1990s, GAO-06-104, October 2005, p. 12.
21
Ibid., p. 14.
22
U.S. Department of Justice, Office of the Inspector General, Streamlining of
Administrative Activities and Federal Financial Assistance Functions in the Office of
Justice Programs and the Office of Community Oriented Policing Services, Audit Report
03-27, August 2003, at [http://www.usdoj.gov/oig/reports/plus/a0327/final.pdf].
23
The OIG noted that the COPS Office transferred a significant amount of its appropriated
funding to OJP because it was mandated by Congress in appropriations language. COPS has
also transfered funds to OJP through discretionary pass-throughs when OJP and COPS agree
that a program would be best administered either by OJP or by OJP and COPS.
24
Jeffery A. Roth and Joseph F. Ryan, The COPS Program After 4 Years — National
Evaluation, National Institute of Justice, Research in Brief, August 2000, at
[http://www.ojp.usdoj.gov/nij/pubs-sum/183644.htm]. The full report can be found at
[http://www.ojp.usdoj.gov/nij/pubs-sum/183643.htm].
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!
Of the 105,000 officer and officer equivalents funded by the COPS
program by May 1999, the Urban Institute estimated that between
84,700 and 89,400 of the funded police officers would have been
deployed by 2003.25
!
COPS funding helped promote the adoption of community policing
by local law enforcement agencies, but in most cases, COPS funding
furthered community policing efforts that had already started. Also,
local law enforcement agencies adopted programs that fit their
definition of “community policing.”
!
Building partnerships between COPS grantees and the community
was commonplace, but all too often, the partnerships were in name
only or were simply temporary working relationships.
!
One percent of COPS grantees with the largest 1997 murder counts
received 31% of all COPS funds awarded through 1997, and 10% of
COPS grantees with the largest 1997 murder counts received 50%
of all COPS funds awarded through 1997.
!
The COPS program facilitated the efforts of agency chief executives
who were inclined towards innovation and represented perhaps the
largest effort to bolster development of law enforcement technology
since the 1967 President’s Commission on Law Enforcement and
Administration of Justice.
Conclusion
In 2006, the COPS program was reauthorized through FY2009. The level of
funding appropriated to the overall COPS program decreased from FY2002 to
FY2006, but it increased in each of FY2007 and FY2008. In recent years, COPS
appropriations have increasingly gone to funding technology programs. As the
COPS program continues to evolve, several questions may concern lawmakers,
including
!
25
Will COPS become a program that solely funds technology efforts
for state and local law enforcement?
The researchers noted that 39,600 of the 105,000 funded officers reported by the COPS
Office were funded through MORE grants. The researchers also noted that local law
enforcement agencies sometimes overestimated the number of officer FTEs that they would
be able to re-deploy as a result of purchasing new technology or hiring civilians for some
positions. Also, in the case of hiring grants, the researchers noted that local law
enforcement agencies had to hire and train officers after they received their hiring grant;
hence, an officer was not immediately put on the beat after the hiring grant was awarded to
the agency.
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!
If Congress chooses to provide funding for COPS’ hiring program,
it might want to consider whether providing funding to state and
local law enforcement agencies for hiring community policing
officers is an cost-effective way to fight crime.
!
To prevent overlap in the structure of the programs administered by
the COPS Office and OJP, should COPS be responsible for
managing all of the funding appropriated to it rather than
transferring some of its activities to OJP? Should Congress move
funding for programs that have traditionally been transferred from
COPS to OJP from the COPS account to the State and Local Law
Enforcement Assistance account in the Commerce, Justice, Science,
and Related Agencies appropriations bill?
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Appendix. Administration’s Requested Funding
for COPS, Enacted Appropriations, Enacted
Appropriations for Hiring Programs,
FY1995-FY2008
Fiscal Year
Administration’s
Requested Funding
(in millions of $)
Appropriations for
Hiring Programs
(in millions of $)
Total Appropriations
(in millions of $)
1995
$1,720
$1,300
$1,057
1996
1,903
1,400
1,128
1997
1,976
1,420
1,339
1998
1,545
1,430
1,338
1999
1,420
1,430
1,201
2000
1,275
595
373
2001
1,335
1,037
408
2002
855
1,050
330
2003
1,382
984
a
199
2004
164b
756c
144
2005
97d
606e
10
2006
118f
478g
—
2007
h
102
542
i
—
2008
32j
587k
20
Source: CRS presentation of the Administration’s budget requests for the respective years and data
provided by the U.S. Department of Justice, Office of Community Oriented Policing Services,
Congressional Affairs Office.
a. Includes a $929 million appropriation and a $55 million supplemental appropriation.
b. The Administration proposed a $6,378,000 rescission of unobligated balances.
c. Does not include a $6.378 million rescission imposed by Congress on all COPS unobligated
balances.
d. The Administration proposed a $53,471,000 rescission of unobligated balances.
e. Does not include a $99 million rescission imposed by Congress on all COPS unobligated balances.
f. The Administration request proposed a $99,500,000 rescission of unobligated balances.
g. Does not include a $86.5 million rescission imposed by Congress on all COPS unobligated
balances.
h. The Administration proposed a $127,500,000 rescission of unobligated balances.
i. Does not include an across-the-board rescission of 0.5% to OJP and COPS programs to fund the
Office of Audit, Assessment and Management (OAAM).
j. The Administration proposed a $87,500,000 rescission of unobligated balances.
k. Does not include a $87.5 million rescission imposed by Congress on all COPS unobligated
balances, or a $10.3 million rescission imposed by Congress on appropriations for the COPS
program that were appropriated from the Violent Crime Reduction Trust Fund.
decreased each fiscal year for FY2002-FY2006, increased for FY2007 and FY2008, and
decreased again for FY2009. In addition to the annual appropriation for COPS included in the
Omnibus Appropriations Act, 2009 (P.L. 111-8), Congress included a $1 billion appropriation for
COPS hiring grants in the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
This report will be updated as warranted.
Congressional Research Service
Community Oriented Policing Services (COPS): Background, Legislation, and Funding
Contents
Background ................................................................................................................................1
Legislation in the 111th Congress .................................................................................................3
The COPS Improvement Act of 2009 ....................................................................................3
Amendments to the Current COPS Single-Grant Program ...............................................3
Additional COPS Grant Programs ...................................................................................4
Amendments to Grant Award and Use Conditions ...........................................................5
Amendments to Renewal Conditions...............................................................................5
Reauthorization of COPS Appropriations ........................................................................6
New Grant Compliance Enforcement Conditions ............................................................6
Amendments to Non-supplanting Conditions ..................................................................6
Required Studies of the COPS Program...........................................................................7
Enhanced Violent Crime Community Policing Act of 2009....................................................7
Community Oriented Policing Services and Key Investments in Developmental
Services Act of 2009 ..........................................................................................................8
COPS Funding............................................................................................................................8
Figures
Figure 1. COPS Funding, FY1995-FY2009 .................................................................................9
Figure 2. Funding for Hiring Programs, FY1995-FY2009 ......................................................... 10
Tables
Table A-1. COPS’ Requested Funding, Total Enacted Funding, Funding for Hiring
Programs, and Authorized Appropriation, FY1995-FY2009.................................................... 11
Appendixes
Appendix. COPS Funding History............................................................................................. 11
Contacts
Author Contact Information ...................................................................................................... 12
Congressional Research Service
Community Oriented Policing Services (COPS): Background, Legislation, and Funding
Background
The Community Oriented Policing Services (COPS) program was created by Title I of the Violent
Crime Control and Law Enforcement Act of 19941 (the ‘94 Crime Act). The mission of the COPS
program is to advance community policing in all jurisdictions across the United States.2 The
COPS program awards grants to state, local, and tribal law enforcement agencies throughout the
United States so they can hire and train law enforcement officers to participate in community
policing, purchase and deploy new crime-fighting technologies, and develop and test new and
innovative policing strategies.3 COPS grants are managed by the COPS Office, which was created
in 1994 by Department of Justice (DOJ) to oversee the COPS program.
According to the COPS Office, it has awarded more than $11.4 billion to over 13,000 law
enforcement agencies across the United States since it started awarding grants in 1994.4 The
COPS Office also reported that it has funded more than 117,000 community policing officers
throughout the United States as of the end of FY2004.5
As originally authorized under Title I of the ‘94 Crime Act, the COPS program had three separate
grant programs. Under the first program, the Attorney General was authorized to make grants to
states, units of local government, Indian tribal governments, other public and private entities, and
multi-jurisdictional or regional consortia to increase the number of police officers and focus the
officers’ efforts on community policing. Grant funds under this program could have been used to
•
hire new police officers;
•
rehire police officers who have been laid off; and
•
obtain equipment or support systems and provide overtime pay, if it results in an
increase of the number of officers deployed in community-oriented policing.
Grant funds under a second program could have been used to hire former members of the armed
services to serve as career law enforcement officers engaged in community policing.
Grant funds under a third program could have also been used for other non-hiring purposes such
as
•
training law enforcement officers in crime prevention and community policing
techniques;
•
developing technologies that emphasize crime prevention;
1
P.L. 103-322; 42 U.S.C. §3796dd.
While there are different definitions of “community policing” the COPS Office defines “community policing” as “ ...
a philosophy that promotes organizational strategies, which support the systematic use of partnerships and problemsolving techniques, to proactively address the immediate conditions that give rise to public safety issues such as crime,
social disorder, and fear of crime.” U.S. Department of Justice, Community Oriented Policing Services Office,
Community Policing Defined, http://www.cops.usdoj.gov/default.asp?Item=36.
3
U.S. Department of Justice, Community Oriented Policing Services Office, About Community Oriented Policing
Services Office, http://www.cops.usdoj.gov/Default.asp?Item=35.
4
Carl Peed, “Message from the Director,” http://www.cops.usdoj.gov/Default.asp?Item=37.
5
U.S. Department of Justice, Community Oriented Policing Services Office, About Community Oriented Policing
Services Office, http://www.cops.usdoj.gov/Default.asp?Item=35.
2
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Community Oriented Policing Services (COPS): Background, Legislation, and Funding
•
linking community organizations and residents with law enforcement;
•
supporting the purchase of weapons for police officers;
•
decreasing the amount of time police must spend away from the community
while awaiting court appearances; and
•
facilitating the establishment of community-oriented policing as an organizationwide philosophy. 6
In 1998, P.L. 105-302 amended the ‘94 Crime Act to allow COPS funding to be used for school
resource officers. In 2003, P.L. 108-217 also amended the ‘94 Crime Act to allow COPS funding
to be used for assisting states to enforce sex offender registration laws.8
The ‘94 Crime Act authorized funding for the COPS program through FY2000. Debate on Title I
of the ‘94 Crime Act focused on whether the COPS program would be able to meet its goal of
putting 100,000 new police officers on the beat by the end of FY2000. 9 Starting in 1999,
Congress turned its attention to reauthorizing the COPS program. There was support from some
Members of Congress for continuing the COPS program. 10 During this period, Congress
discussed using COPS hiring programs to put another 50,000 police officers on the streets.11 After
6
This list represents the types of activities that were originally authorized in P.L. 103-322, which also included (1)
hiring programs such as Universal Hiring Program and Making Officer Redeployment Effective (MORE), and (2) other
activities such as Police Corps, methamphetamine “hot spot” clean-up, law enforcement technology, and tribal law
enforcement grants.
7
See §341 of the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act (PROTECT)
of 2003 (P.L. 108-21).
8
For additional information on sex offender registering laws, see CRS Report RL32800, Sex Offender Registration and
Community Notification Law: Recent Legislation and Issues, by Garrine P. Laney.
9
See Senate debate, “Violent Crime Control and Law Enforcement Act of 1994—Conference Report,” Congressional
Record, vol. 140 (August 25, 1994), pp. S12496-S12557; Rep. Manzullo, “Examining the Centerpiece of the Crime
Bill,” Congressional Record, vol. 140 (August 18, 1994), pp. H8691-H8694; Sen. Orrin Hatch, “The Signing of the
Crime Bill,” Congressional Record, vol. 140 (September 13, 1994), p. S12799; Rep. William J. Coyne, “The Right
Tools for Fighting Crime—Extension of Remarks,” Congressional Record, vol. 140 (August 26, 1994), p. E1808;
Senate debate, “The Crime Bill,” Congressional Record, vol. 140 (August 22, 1994), pp. S12285-S12288; Senate
debate, “Violent Crime Control and Law Enforcement Act of 1994,” Congressional Record, vol. 140 (August 22,
1994), pp. S12250-S12284.
10
See Senate debate, “Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriation
Act,” Congressional Record, vol. 145 (July 22, 1999), pp. S8988-S9014; Rep. Bart Stupak, “COPS Program Good for
Communities,” Congressional Record, vol. 145 (May 12, 1999), p. H3070; Rep. Rush Holt, “Reauthorize COPS
Program,” Congressional Record, vol. 145 (May 12, 1999), p. H3003; Senate debate, “Concurrent Resolution on the
Budget for Fiscal Year 2000,” Congressional Record, vol. 145 (March 24, 1999) pp. S3301-S3308; Senate debate,
“Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000,”
Congressional Record, vol. 145 (July 21, 1999), pp. S8940-S8947.
11
See U.S. Congress, Senate Committee on the Judiciary, Subcommittee on Crime and Drugs, Making America’s
Streets Safer: The Future of the COPS Program, 107th Cong., 1st sess., December 5, 2001 (Washington: GPO, 2002);
Senate debate, “Statement on Introduced Bills and Joint Resolutions,” Congressional Record, vol. 145 (January 19,
1999), pp. S345-S470; House debate, “Democratic Legislative Agenda Held Hostage by Do-nothing/Do-wrong
Republican Congress,” Congressional Record, vol. 145 (November 3, 1999) pp. H11452-H11459; U.S. Congress,
House Committee on Appropriations, Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Bill, Fiscal Year 2001, report to accompany H.R. 4690, 106th Cong., 2nd sess., H.Rept. 106680 (Washington, GPO, 2000), p. 8; House debate, “Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 2002,” Congressional Record, vol. 147 (July 18, 2001), pp. H4167-H4202;
Senate debate, “Statement on Introduced Bills and Joint Resolutions,” Congressional Record, vol. 145 (March 25,
1999), pp. S3440-S3457; Sen. Orrin Hatch, “Hatch Amendment No. 246,” Congressional Record, vol. 145 (April 12,
1999), p. S3600.
Congressional Research Service
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Community Oriented Policing Services (COPS): Background, Legislation, and Funding
COPS initial authorization expired, several bills were introduced in Congress that would have
reauthorized the COPS program; however, Congress continued to appropriate funding for the
program through FY2006, when reauthorizing legislation was enacted (see discussion below).
On January 5, 2006, the Violence Against Women and Department of Justice Reauthorization Act
of 2005 (P.L. 109-162) was signed into law. The act reauthorized the COPS program through
FY2009. Along with reauthorizing the COPS program, the act amended current law12 to change
the COPS program into a single-grant program. When Congress reauthorized COPS, it took many
of the purposes for which COPS grants could be awarded (see above) and made them program
purpose areas under the new single grant program. As currently authorized, state or local law
enforcement agencies may apply for a “COPS grant,” which could be used to hire or re-hire
community policing officers or fund non-hiring programs. 13
Legislation in the 111th Congress
Several bills introduced in the 111th Congress would either modify the COPS program,
reauthorize appropriations for the program, or both. The provisions of these bills are described
below.
The COPS Improvement Act of 2009
Two bills, H.R. 1139 and S. 167, both titled the COPS Improvement Act of 2009, would, among
other things, expand the scope of the current COPS grant program, establish new grant programs,
make COPS an exclusive component of the Department of Justice (DOJ), and authorize
additional funding for COPS. S. 167 was introduced on January 8, 2009, and referred to the
Senate Judiciary Committee. H.R. 1139 was introduced on February 23, 2009, and referred to the
House Judiciary Committee. H.R. 1139, as amended, passed the House on April 23, 2009. The
bill has been referred to the Senate Judiciary Committee.
Amendments to the Current COPS Single-Grant Program
H.R. 1139 and S. 167 would change COPS from a single-grant program to a multi-grant program,
as it was before the amendments made by the Violence Against Women and Department of
Justice Reauthorization Act of 2005. Both bills would amend current law14 so that the program
purpose areas for COPS grants under the current single-grant program would become the
program purpose areas under a new Community Policing and Crime Prevention Grants program.
Both bills would also add three new program purpose areas under the proposed Community
Policing and Crime Prevention Grants program. One proposed purpose area would allow the
Attorney General to award grants to hire school resource officers and to establish school-based
partnerships between local law enforcement agencies and local schools systems to combat crime,
gangs, drug activities, and other problems. A second proposed program purpose area would allow
12
42 U.S.C. §3796dd(d).
13
Even though current law states that law enforcement agencies that receive a COPS grant could use the funding for
hiring or re-hiring law enforcement officers, the authority for the Attorney General to make grants for hiring or rehiring law enforcement officer ended on September 13, 2000 (42 U.S.C. §3796dd(i)).
14
42 U.S.C. §3796dd(b).
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Community Oriented Policing Services (COPS): Background, Legislation, and Funding
the Attorney General to award grants to establish and implement innovative programs to reduce
and prevent the manufacturing, distribution, and use of illegal drugs, including
methamphetamine. A third program purpose area would allow the Attorney General to award
grants to meet emerging law enforcement needs, as warranted. H.R. 1139 would add three
additional program purpose areas. One purpose area would allow the Attorney General to award
grants to establish criminal gang enforcement task forces, consisting of members of federal, state,
and local law enforcement authorities (including federal, state, and local prosecutors), for
investigating, apprehending, and prosecuting gangs and offenders involved in local or multijurisdictional gang-related activities. Another proposed program purpose area would allow grants
to be used to hire or re-hire civilian forensic analysts and laboratory personnel. The final purpose
area would allow the Attorney General to award grants to pay for or train officers hired to
perform intelligence, anti-terror, or homeland security duties.
Additional COPS Grant Programs
In addition, H.R. 1139 and S. 167 would establish three new grant programs: (1) a Troops-toCops Program, (2) a Community Prosecutors Program, and (3) a Technology Grants program.
The Troops-to-Cops Program would provide funding to hire former members of the armed
forces15 as law enforcement officers for community-oriented policing, particularly in
communities that are adversely affected by recent military base closings. The Community
Prosecutor Program would allow the Attorney General to make grants to pay for additional
community prosecuting programs, which would assign prosecutors to handle cases from specific
geographic areas and assign prosecutors to address counterterrorism problems, specific violent
crime problems, and localized violent and other crime problems. The Technology Grants program
would allow the Attorney General to award grants to develop and use new technologies
(including interoperable communications technologies, modernized criminal records technology,
and forensic technology) to emphasize crime prevention activities and train law enforcement
officers on how to use such technologies.16
Both H.R. 1139 and S. 167 would also amend current law17 by adding language that would make
the COPS Office the exclusive component of DOJ to award and monitor COPS grants and to
provide training and technical assistance to further community-oriented policing. Under current
law, 18 the Attorney General may use any component of DOJ to award and monitor COPS grants.
15
S. 167 would define “former members of the armed services” as a member of the Armed Forces of the United States
who is involuntarily separated from the Armed Forces within the meaning of 10 U.S.C. §1141. For example, if a
regular enlisted member of the armed forces is on active duty and the member is (1) denied reenlistment, or (2) is
involuntarily discharged under other than adverse conditions, the member is considered to be involuntarily discharged
under 10 U.S.C. §1141. H.R. 1139 would define “former members of the armed forces” as a member of the Armed
Forces that is honorably discharged from the Armed Forces of the United States.
16
Both bills would strike 42 U.S.C. §3796dd(b)(9) (one of the current program purpose areas under the current COPS
single-grant program), which allows the Attorney General to make grants to “develop new technologies, including
interoperable communications technologies, modernized criminal record technology, a forensic technology, to assist
State and local law enforcement agencies in reorienting the emphasis of the activities from reacting to crime to
preventing crime and to train law enforcement officers to use such technologies.”
17
42 U.S.C. §3796dd.
18
42 U.S.C. §3796dd(e).
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Community Oriented Policing Services (COPS): Background, Legislation, and Funding
Amendments to Grant Award and Use Conditions
Both H.R. 1139 and S. 167 would amend language in current law that regulates how COPS hiring
grants are awarded and used. Both bills would strike language in current law19 that allows the
Attorney General to give preferential consideration, where feasible, to applications for hiring and
re-hiring additional career law enforcement officers that involve a nonfederal contribution
exceeding 25% of the cost of the program. Both bills would strike language in current law20 that
limits the authority of the Attorney General to make grants for the hiring and re-hiring of career
law enforcement officers to six years after September 13, 1994. Furthermore, both H.R. 1139 and
S. 167 would amend current law to require any grant recipient that receives a grant for hiring or
re-hiring career law enforcement officers to retain each additional law enforcement officer
position created under the grant for not less than 12 months after the grant period ends, unless the
requirement is waived by the Attorney General. S. 167 would strike language from current law21
that requires the federal share of a grant project for hiring or rehiring career law enforcement
officers to decrease each year for up to five years. H.R. 1139 would require that, unless the
Attorney General waives the non-federal contribution requirement, 22 the non-federal share of the
costs of hiring or rehiring law enforcement officers may be less than 25% in any given year
during the grant period, but the non-federal share cannot be less than 25% for the entire grant
period. H.R. 1139 would also require state or local government to make an effort to increase the
non-federal share of hiring or rehiring grants during the grant period. Both bills would strike
language from current law that sets the maximum amount that can be awarded for hiring a law
enforcement officer at $75,000.23 This requirement would not apply to grants awarded for the
purpose of hiring officers to perform intelligence, anti-terror, and homeland security-related
activities. In addition, S. 167 would allow hiring grants to be used for hiring Amtrak police
officers. H.R. 1139 does not contain a similar provision. However, it does contain a provision
stating that grants awarded for hiring or re-hiring civilian forensic analyst and laboratory
personnel are subject to the same treatment, limitations, and renewal requirements as grants
awarded for hiring and re-hiring law enforcement officers.
Amendments to Renewal Conditions
Both bills would amend current law24 to change the way that COPS grants are renewed.
Currently, non-hiring grants can be renewed for up to two additional years after the first fiscal
year the recipient receives the grant, if the Attorney General determines that the funds were used
in a manner required under the approved application and if the recipient can demonstrate
significant progress in achieving the objectives of the initial application. Grants for hiring or rehiring career law enforcement officers can be renewed for up to five years. The grant period for a
multiyear, non-hiring grant, including any renewals, cannot exceed three years. S. 167 would
allow the Attorney General to renew a grant, regardless of type, without limitation on the duration
of such renewal, if the Attorney General determines that the funds were used in a manner required
19
42 U.S.C. §3796dd(c).
42 U.S.C. §3796dd(i).
21
42 U.S.C. §3796dd(g).
22
Under current law (42 U.S.C §3796dd(g)), the portion of the costs of a program, project, or activity funded by a grant
cannot exceed 75% of the total costs of the program, project, or activity (i.e. the grant recipient must provide funding
for at least 25% of the costs). However, the Attorney General can waive the match requirement wholly or in part.
23
42 U.S.C. §3796dd-3(c).
24
42 U.S.C. §3796dd-2.
20
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Community Oriented Policing Services (COPS): Background, Legislation, and Funding
under the approved application and if the recipient can demonstrate significant progress in
achieving the objectives of the initial application. H.R. 1139 would allow the Attorney General to
renew non-hiring grants without limitation on the duration of such renewal, if the Attorney
General determines that the funds were used in a manner required under the approved application
and if the recipient can demonstrate significant progress in achieving the objectives of the initial
application. H.R. 1139 would allow the Attorney General to renew grants for hiring or rehiring
for up to five years, though the Attorney General could waive the five-year limitation with good
cause. Both bills would also allow the Attorney General to extend the grant period for any award,
without limitations on the duration of the extension, to provide additional time for the grant
recipient to complete the objectives of the grant award.
Reauthorization of COPS Appropriations
H.R. 1139 and S. 167 would increase the authorized amount of funding available for COPS
grants. S. 167 would amend current law25 to increase the authorized amount of funding for COPS
from the current $1.047 billion each fiscal year to $1.15 billion each fiscal year for each of
FY2009 through FY2014, while H.R. 1139 would increase authorized funding to $1.8 billion for
each of FY2009 through FY2014. Both bills would allow up to 5% of the authorized funds each
fiscal year to be used for training and technical assistance or for evaluations or studies carried out
or commissioned by the Attorney General in furtherance of community-oriented policing. S. 167
would also require that not less than $600 million of the authorized funding available each fiscal
year be used for Community Policing and Crime Prevention Grants, $200 million be used for
Community Prosecutor Program grants, and $350 million be used for Technology Grants. H.R.
1139 would also require that not less than $1.25 billion of the authorized funding available each
fiscal year be used for Community Policing and Crime Prevention Grants, $200 million be used
for Community Prosecutor Program grants, and $350 million be used for Technology Grants.
New Grant Compliance Enforcement Conditions
Both H.R. 1139 and S. 167 would allow the Attorney General to “take any enforcement action
available to the Department of Justice,” if the Attorney General determines that a grant is not in
substantial compliance with the terms and requirements of an approved grant application. Under
current law, 26 the Attorney General can suspend or revoke funding, in whole or in part, if the
Attorney General determines that a grant is not in compliance.
Amendments to Non-supplanting Conditions
Both H.R. 1139 and S. 167 would amend the current non-supplanting requirement 27 for COPS
grants so that COPS grant funds cannot be used to supplant state and local funds or, in the case of
Indian tribal governments, funds supplied by the Bureau of Indian Affairs. Both bills would
require COPS grants to be used to increase the amount of funds that the Attorney General
25
42 U.S.C. §3793(a)(11).
42 U.S.C. §3796dd-5.
27
Under current law, state, local, and tribal governments cannot use COPS funds to replace state, local, or tribal funds
that would have otherwise been spent on the specific law enforcement purpose of the grant award. Under the nonsupplanting requirement, COPS grant funds must be used to increase the amount of funding that would be made
available by state, local, and tribal sources. See 42 U.S.C. §3796dd-3(a).
26
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Community Oriented Policing Services (COPS): Background, Legislation, and Funding
determines would be made available by state, local, and tribal sources for the purposes of any
COPS grant program. H.R. 1139 would add language that would make grants for hiring officers
to perform intelligence, anti-terror, and homeland security duties exempt from this requirement.
Required Studies of the COPS Program
H.R. 1139 would require the Attorney General to evaluate the effectiveness of programs, projects,
and activities funded by COPS in reducing crime. The study would be conducted by one or more
universities, as selected by the Attorney General. The selected universities would report their
findings to the Attorney General within four years of the enactment of the bill. The Attorney
General would be required to report the findings to Congress within 30 days of receiving them.
H.R. 1139 would also require the Department of Justice’s Inspector General to report on (1) the
effect of COPS grants on violent crimes, drug offenses, and other crimes; (2) the degree to which
state and local government that receive COPS grants contribute funding for state and local law
enforcement programs; and (3) waste, abuse, or fraud within the program.
Enhanced Violent Crime Community Policing Act of 2009
Two bills, H.R. 3154 and S. 1424, both titled the Enhanced Violent Crime Community Policing
Act of 2009, would amend current law to require the Attorney General, subject to the availability
of appropriations, to award grants to units of local government for hiring and training new law
enforcement officers for deployment in areas and communities with high incidences of violent
crime. The bills would require the Attorney General to award hiring grants to the five units of
local government with populations over 350,000 with the highest violent crime rates per capita, as
listed in the Federal Bureau of Investigation’s 2007 Crime in the United States report. The
Attorney General would also be required to award hiring grants to 15 additional units of local
government that have the greatest need for a grant, based on
•
per capita violent crime rate,
•
gang population,
•
drug trafficking rate,
•
high school drop-out rate,
•
unemployment rate,
•
poverty rate,
•
population, and
•
any other criteria determined by the Attorney General.
Both bills would require that the grant amount awarded to any unit of local government should
not be less than what is necessary to increase the unit of local government’s police force by 5%,
but the grant amount should not be more than what is necessary to increase the unit of local
government’s by more than 10%. However, both pieces of legislation include language stating
that if the amount appropriated in a given fiscal year is not sufficient to fully fund the minimum
grant requirement, the amount of each grant awarded should be reduced proportionately.
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Community Oriented Policing Services (COPS): Background, Legislation, and Funding
Community Oriented Policing Services and Key Investments in
Developmental Services Act of 2009
H.R. 1568, the Community Oriented Policing Services and Key Investments in Developmental
Services Act of 2009, would reauthorize appropriations for the COPS program at $2.0 billion for
each of fiscal years 2009 through 2014. The bill also includes language stating that it is the sense
of Congress that annual appropriations for the COPS program and annual appropriations for
grants under the Juvenile Justice and Delinquency Prevention Act should be equal.28
COPS Funding
This section of the report only discusses the new budget authority enacted for the COPS program
in the annual appropriation bills. Between FY1998 and FY2002, Congress directed the COPS
Office to use unobligated balances from previous fiscal years to fund grant programs, which
included grants for hiring, school safety, law enforcement technology, combating
methamphetamine, armor vests for law enforcement officers, improving tribal law enforcement,
and combating domestic violence.
Congress first appropriated funding for the COPS program in 1995 at $1.3 billion. As illustrated
in Figure 1, in FY1996, the total amount appropriated increased 7.7% ($1.4 billion).
Appropriations for the COPS program remained constant at about $1.4 billion, until FY2000,
when appropriations decreased 58.4% ($595 million) from the previous fiscal year.
Appropriations for the COPS program began to increase again in FY2001 when Congress
increased the COPS appropriation by 74.3%, to slightly over $1 billion. In FY2002, COPS
appropriations increased 1.3% from the previous fiscal year ($1.05 billion). In FY2003, COPS
appropriations decreased by 6.9% ($978 million) from FY2002, and in FY2004, the program’s
appropriations decreased by 23.5% ($748 million)29 from the previous year. In FY2005,
appropriations for the COPS program decreased 20% ($598 million)30 from FY2004, and in
FY2006, the COPS program saw another 21.1% ($472 million)31 reduction. Appropriations for
COPS increased 14.7% ($542 million)32 in FY2007 compared with FY2006, and in FY2008,
COPS appropriations increased another 8.4% ($587 million).33 The Omnibus Appropriations Act
28
H.R. 1568 would change the name of the Juvenile Justice and Delinquency Prevention Act (JJDPA) to the Key
Investments in Developmental Services (KIDS) Act, and it would reauthorize appropriations for grants under Title II
and V of the act at $2.0 billion each fiscal year for FY2010 through FY2015. For more information on the JJDPA, see
CRS Report RL33947, Juvenile Justice: Legislative History and Current Legislative Issues, by Kristin M. Finklea, and
CRS Report RS22655, Juvenile Justice Funding Trends, by Kristin M. Finklea.
29
This amount does not reflect a $6.378 million rescission imposed by Congress on all COPS unobligated balances.
Rescission amounts specific to the COPS program are rescinded from recoveries of prior year de-obligated funds and
not from enacted appropriations. Recoveries are previously obligated funds from prior year appropriations that have
been de-obligated. De-obligations can result from events such as a grantee withdrawing from a grant or modifying a
grant. During the closeout phase of a grant, any unused funds by grantees are also typically de-obligated (i.e., returned
to DOJ). E-mail from U.S. Department of Justice, Community Oriented Policing Services Office, April 30, 2007.
30
This amount does not reflect a $99 million rescission imposed by Congress on all COPS unobligated balances.
31
This amount does not reflect a $86.5 million rescission imposed by Congress on all COPS unobligated balances.
32
This amount does not include an across-the-board rescission of 0.5% to OJP and COPS programs to fund the Office
of Audit, Assessment, and Management (OAAM). Email correspondence with Congressional Affairs Office,
Community Oriented Policing Services Office on April 30, 2007.
33
This amount does not reflect a $87.5 million rescission imposed by Congress on all COPS unobligated balances, nor
(continued...)
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Community Oriented Policing Services (COPS): Background, Legislation, and Funding
(P.L. 111-8) included $551 million for the COPS program. 34 In addition to this amount, the
American Recovery and Reinvestment Act (ARRA, P.L. 111-5) included $1 billion for the COPS
hiring program. When only considering the $551 million annual appropriation for COPS, funding
for the COPS program decreased 6.3% between FY2008 and FY2009. However, if the $1 billion
for COPS hiring grants are included as a part of the FY2009 appropriation, for a total of $1.551
billion, funding for COPS increased 164% from FY2008 to FY2009.
Figure 1. COPS Funding, FY1995-FY2009
$1,800
Appropriation (in millions of $)
$1,600
$1,400
$1,200
$1,000
$800
$600
$400
$200
$0
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009
Fiscal Year
Annual Appropriation
Carryover
ARRA
Source: FY1995 through FY2008 enacted amounts provided by U.S. Department of Justice, Community
Oriented Policing Services; FY2009 appropriations taken from P.L. 111-5 and P.L. 111-8.
In the early years of the COPS program, a majority of the program’s enacted appropriations went
to grant programs specifically aimed at hiring more police officers (see Figure 2). Beginning in
FY1998, however, enacted appropriations for COPS hiring grants began to decline, whereas nonhiring grants started to see an increase in appropriations. Congress has traditionally specified
what amounts of the COPS appropriation each fiscal year are to be used for hiring grants and
non-hiring grants. In FY2008, Congress appropriated $20 million for hiring grants, the first time
Congress has appropriated funding for hiring grants since FY2005. As discussed above, the
ARRA included $1 billion for COPS hiring grants, the most funding Congress has appropriated
for hiring grants since FY1999.
(...continued)
does it reflect a $10.3 million rescission imposed by Congress on appropriations for the COPS program that were
appropriated from the Violent Crime Reduction Trust Fund.
34
This amount does not reflect a $100 million rescission imposed by Congress on all COPS unobligated balances.
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Community Oriented Policing Services (COPS): Background, Legislation, and Funding
Figure 2. Funding for Hiring Programs, FY1995-FY2009
$1,600
Appropriation (in millions of $)
$1,400
$1,200
$1,000
$800
$600
$400
$200
$0
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009
Fiscal Year
Annual Appropriation
ARRA
Source: Hiring appropriation for FY1995 to FY2008 amounts were provided by U.S. Department of Justice,
Office of Community Oriented Policing Services, Congressional Affairs Office. FY2009 hiring amount was taken
from P.L. 111-5.
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Community Oriented Policing Services (COPS): Background, Legislation, and Funding
Appendix. COPS Funding History
Table A-1. COPS’ Requested Funding,Total Enacted Funding, Funding for Hiring
Programs, and Authorized Appropriation, FY1995-FY2009
In Millions of $
Fiscal
Year
President’s
Request
New Budget
Authority
1995
$1,720
$1,300
1996
1,903
1997
Carryover
(from prior
fiscal years)
Total
Hiring
Programs
Authorized
$—
$1,300
$1,057
$1,332
1,400
—
1,400
1,128
1,850
1,976
1,420
—
1,420
1,339
1,950
1998
1,545
1,430
203
1,633
1,338
1,700
1999
1,420
1,430
90
1,520
1,201
1,700
2000
1,275
595
318
913
481
268
2001
1,335
1,037
5
1,042
408
—
2002
855
1,050
55
1,105
385
—
2003
1,382
978a
—
978
199
—
2004
164b
748c
—
748
114
—
2005
97d
598e
—
598
10
—
2006
118f
472g
—
472
—
1,047
2007
102h
542i
—
542
—
1,047
2008
32j
587k
—
587
20
1,047
2009
—l
551m
551
1,000n
1,047
—
Source: CRS presentation of the Administration’s budget requests for the respective years, data provided by
the U.S. Department of Justice, Office of Community Oriented Policing Services, Congressional Affairs Office,
and authorized funding in P.L. 103-322 and P.L. 109-162.
a.
Includes a $929 million appropriation and a $55 million supplemental appropriation.
b.
The Administration proposed a $6.4 million rescission of unobligated balances.
c.
Does not include a $6.4 million rescission imposed by Congress on all COPS unobligated balances.
d.
The Administration proposed a $53.5 million rescission of unobligated balances.
e.
Does not include a $99 million rescission imposed by Congress on all COPS unobligated balances.
f.
The Administration request proposed a $99.5 million rescission of unobligated balances.
g.
Does not include a $86.5 million rescission imposed by Congress on all COPS unobligated balances.
h.
The Administration proposed a $127.5 million rescission of unobligated balances.
i.
Does not include an across-the-board rescission of 0.5% to OJP and COPS programs to fund the Office of
Audit, Assessment and Management (OAAM).
j.
The Administration proposed a $87.5 million rescission of unobligated balances.
k.
Does not include a $87.5 million rescission imposed by Congress on all COPS unobligated balances, or a
$10.3 million rescission imposed by Congress on appropriations for the COPS program that were
appropriated from the Violent Crime Reduction Trust Fund.
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Community Oriented Policing Services (COPS): Background, Legislation, and Funding
l.
For FY2009, the Administration did not request funding for any specific COPS grant program. Rather, the
Administration requested $4 million for community police training and technical assistance under the State
and Local Law Enforcement Assistance account in the Commerce, Justice, Science, and Related Agencies
appropriations bill.
m. Does not include $100 million rescission imposed by Congress on all COPS unobligated balances.
n.
The $1 billion COPS received for hiring grants for FY2009 was appropriated under the American Recovery
and Reinvestment Act of 2009 (P.L. 111-5).
Author Contact Information
Nathan James
Analyst in Crime Policy
njames@crs.loc.gov, 7-0264
Congressional Research Service
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