[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1139 Reported in House (RH)]
Union Calendar No. 35
111th CONGRESS
1st Session
H. R. 1139
[Report No. 111-78]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 23, 2009
Mr. Weiner (for himself, Ms. Berkley, Mr. Bishop of Georgia, Ms.
Bordallo, Ms. Corrine Brown of Florida, Mr. Cohen, Mr. Conyers, Mr.
Courtney, Ms. DeGette, Ms. DeLauro, Mr. Grijalva, Mr. Hall of New York,
Mr. Higgins, Mr. Holden, Mr. Holt, Mr. Israel, Mr. Kennedy, Mr. Klein
of Florida, Mr. LaTourette, Ms. Lee of California, Mr. Loebsack, Mr.
Markey of Massachusetts, Mrs. McCarthy of New York, Ms. McCollum, Mr.
McGovern, Mr. McMahon, Mr. Nadler of New York, Mr. Ross, Ms. Loretta
Sanchez of California, Ms. Schwartz, Mr. Scott of Virginia, Mr. Sires,
Mr. Stupak, Ms. Sutton, Mr. Visclosky, Ms. Wasserman Schultz, Mr.
Wilson of Ohio, Mrs. Lowey, Mr. McIntyre, Mr. Bishop of New York, and
Mr. Engel) introduced the following bill; which was referred to the
Committee on the Judiciary
April 21, 2009
Additional sponsors: Mr. Murtha, Mrs. Capps, Mr. Pierluisi, Mr. Welch,
and Mr. Reichert
April 21, 2009
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
February 23, 2009]
_______________________________________________________________________
A BILL
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
enhance the COPS ON THE BEAT grant program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COPS Improvements Act of 2009''.
SEC. 2. COPS GRANT IMPROVEMENTS.
(a) In General.--Section 1701 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Grant Authorization.--The Attorney General shall carry out
grant programs under which the Attorney General makes grants to States,
units of local government, Indian tribal governments, other public and
private entities, multi-jurisdictional or regional consortia, and
individuals for the purposes described in subsections (b), (c), (d),
and (e). Grants under this subsection shall be awarded on a competitive
basis.'';
(2) in subsection (b)--
(A) by striking the subsection heading text and
inserting ``Community Policing and Crime Prevention
Grants'';
(B) in paragraph (3), by striking ``, to increase
the number of officers deployed in community-oriented
policing'';
(C) by amending paragraph (4) to read as follows:
``(4) award grants to pay for or train officers hired to
perform intelligence, anti-terror, or homeland security
duties;'';
(D) by inserting after paragraph (4) the following:
``(5) award grants to hire school resource officers and to
establish school-based partnerships between local law
enforcement agencies and local school systems to combat crime,
gangs, drug activities, and other problems in and around
elementary and secondary schools;'';
(E) by striking paragraph (9);
(F) by redesignating paragraphs (10) through (12)
as paragraphs (9) through (11), respectively;
(G) by striking paragraph (13);
(H) by redesignating paragraphs (14) through (17)
as paragraphs (12) through (15), respectively;
(I) in paragraph (14), as so redesignated, by
striking ``and'' at the end;
(J) in paragraph (15), as so redesignated, by
striking the period at the end and inserting a
semicolon; and
(K) by adding at the end the following:
``(16) establish and implement innovative programs to
reduce and prevent illegal drug manufacturing, distribution,
and use, including the manufacturing, distribution, and use of
methamphetamine;
``(17) hire and rehire civilian forensic analysts and
laboratory personnel;
``(18) establish criminal gang enforcement task forces,
consisting of members of Federal, State, and local law
enforcement authorities (including Federal, State, and local
prosecutors), for the coordinated investigation, disruption,
apprehension, and prosecution of criminal gangs and offenders
involved in local or multi-jurisdictional gang activities; and
``(19) award enhancing community policing and crime
prevention grants that meet emerging law enforcement needs.'';
(3) by striking subsection (c);
(4) by striking subsections (h) and (i);
(5) by redesignating subsections (d) through (g) as
subsections (f) through (i), respectively;
(6) by inserting after subsection (b) the following:
``(c) Troops-to-Cops Programs.--
``(1) In general.--Grants made under subsection (a) may be
used to hire former members of the Armed Forces to serve as
career law enforcement officers for deployment in community-
oriented policing, particularly in communities that are
adversely affected by a recent military base closing.
``(2) Definition.--In this subsection, `former member of
the Armed Forces' means a member of the Armed Forces of the
United States who has been honorably discharged from the Armed
Forces of the United States.
``(d) Community Prosecutors Program.--The Attorney General may make
grants under subsection (a) to pay for additional community prosecuting
programs, including programs that assign prosecutors to--
``(1) handle cases from specific geographic areas; and
``(2) address counter-terrorism problems, specific violent
crime problems (including intensive illegal gang, gun, and drug
enforcement) and quality of life initiatives, and localized
violent and other crime problems based on needs identified by
local law enforcement agencies, community organizations, and
others.
``(e) Technology Grants.--The Attorney General may make grants
under subsection (a) to develop and use new technologies (including
interoperable communications technologies, modernized criminal record
technology, and forensic technology) to assist State and local law
enforcement agencies in reorienting the emphasis of their activities
from reacting to crime to preventing crime and to train law enforcement
officers to use such technologies.'';
(7) in subsection (f), as so redesignated--
(A) in paragraph (1), by striking ``to States,
units of local government, Indian tribal governments,
and to other public and private entities,'';
(B) in paragraph (2), by striking ``define for
State and local governments, and other public and
private entities,'' and inserting ``establish'';
(C) in the first sentence of paragraph (3), by
inserting ``(including regional community policing
institutes)'' after ``training centers or facilities'';
and
(D) by adding at the end the following:
``(4) Exclusivity.--The Office of Community Oriented
Policing Services shall be the exclusive component of the
Department of Justice to perform the functions and activities
specified in this part.'';
(8) in subsection (g), as so redesignated, by striking
``may utilize any component'', and all that follows and
inserting ``shall use the Office of Community Oriented Policing
Services of the Department of Justice in carrying out this
part.'';
(9) in subsection (h), as so redesignated--
(A) by striking ``subsection (a)'' the first place
that term appears and inserting ``paragraphs (1) and
(2) of subsection (b)''; and
(B) by striking ``in each fiscal year pursuant to
subsection (a)'' and inserting ``in each fiscal year
for purposes described in paragraph (1) and (2) of
subsection (b)'';
(10) in subsection (i), as so redesignated--
(A) by striking ``the Federal share shall decrease
from year to year for up to 5 years'' and inserting
``unless the Attorney General waives the non-Federal
contribution requirement as described in the preceding
sentence, the non-Federal share of the costs of hiring
or rehiring such officers may be less than 25 percent
of such costs for any year during the grant period,
provided that the non-Federal share of such costs shall
not be less than 25 percent in the aggregate for the
entire grant period, but the State or local government
should make an effort to increase the non-Federal share
of such costs during the grant period''; and
(B) by adding at the end the following new
sentence: ``The preceding sentences shall not apply
with respect to any program, project, or activity
provided by a grant made pursuant to subsection
(b)(4).''; and
(11) by adding at the end the following:
``(j) Retention of Additional Officer Positions.--For any grant
under paragraph (1) or (2) of subsection (b) for hiring or rehiring
career law enforcement officers, a grant recipient shall retain each
additional law enforcement officer position created under that grant
for not less than 12 months after the end of the period of that grant,
unless the Attorney General waives, wholly or in part, the retention
requirement of such grant.
``(k) Treatment of Grant for Hiring Civilian Forensic Analysts and
Laboratory Personnel.--A grant awarded under this section for hiring
and rehiring of civilian forensic analysts and laboratory personnel (in
accordance with paragraph (17) of subsection (b)) shall be subject to
the same treatment, limitations, and renewal requirements under this
part as grants awarded under this section for hiring and rehiring of
career law enforcement personnel (in accordance with paragraphs (1) and
(2) of subsection (b)).''.
(b) Applications.--Section 1702 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd-1) is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
inserting ``, unless waived by the Attorney General''
after ``under this part shall''; and
(B) in paragraph (8), by striking ``share of the
cost'' and all that follows and inserting ``share of
the costs during the grant period, how the applicant
will maintain the increased hiring level of the law
enforcement officers, and how the applicant will
eventually assume responsibility for all of the costs
for such officers;''; and
(2) by striking subsection (d).
(c) Renewal of Grants.--Section 1703 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended to read as
follows:
``SEC. 1703. RENEWAL OF GRANTS.
``(a) In General.--Except as provided in subsection (b), a grant
made under this part may be renewed, without limitations on the
duration of such renewal, to provide additional funds if the Attorney
General determines that the funds made available to the recipient were
used in a manner required under an approved application and if the
recipient can demonstrate significant progress in achieving the
objectives of the initial application.
``(b) Grants for Hiring.--Grants made under this part for hiring or
rehiring additional career law enforcement officers may be renewed for
up to 5 years, except that the Attorney General may waive such 5-year
limitation for good cause.
``(c) No Cost Extensions.--Notwithstanding subsections (a) and (b),
the Attorney General may extend a grant period, without limitations as
to the duration of such extension, to provide additional time to
complete the objectives of the initial grant award.''.
(d) Limitation on Use of Funds.--Section 1704 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-3) is amended--
(1) in subsection (a)--
(A) by striking ``that would, in the absence of
Federal funds received under this part, be made
available from State or local sources'' and inserting
``that the Attorney General determines would, in the
absence of Federal funds received under this part, be
made available for the purpose of the grant under this
part from State or local sources''; and
(B) by adding at the end the following new
sentence: ``The preceding sentence shall not apply with
respect to funds made available under this part by a
grant made pursuant to subsection (a) for the purposes
described in subsection (b)(4).''; and
(2) by striking subsection (c).
(e) Study of Program Effectiveness.--Section 1705 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-4) is
amended by adding at the end the following new subsection:
``(d) Study of Program Effectiveness.--
``(1) In general.--The Attorney General shall provide for a
scientific study of the effectiveness of the programs,
projects, and activities funded under this part in reducing
crime. Such study shall include identified best practices for
community policing that have demonstrated results for building
and strengthening the relationship between police departments
and the communities such departments serve.
``(2) Study.--The Attorney General shall select one or more
institutions of higher education, including historically Black
colleges and universities, to conduct the study described in
paragraph (1).
``(3) Reports.--Not later than 4 years after the date of
the enactment of the COPS Improvements Act of 2009, the
institution or institutions selected under paragraph (2) shall
report the findings of the study described in paragraph (1) to
the Attorney General. Not later than 30 days after the receipt
of such report, the Attorney General shall report such findings
to the appropriate committees of Congress, along with any
recommendations the Attorney General may have relating to the
effectiveness of the programs, projects, and activities funded
under this part in reducing crime.''.
(f) Enforcement Actions.--Section 1706 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd-5) is amended--
(1) in the section heading, by striking ``revocation or
suspension of funding'' and inserting ``enforcement actions'';
and
(2) by striking ``revoke or suspend'' and all that follows
and inserting ``take any enforcement action available to the
Department of Justice.''.
(g) Definitions.--Section 1709(1) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd-8(1)) is amended by
inserting ``who is a sworn law enforcement officer'' after ``permanent
basis''.
(h) Authorization of Appropriations.--Section 1001(a)(11) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(11)) is amended--
(1) in subparagraph (A), by striking ``1,047,119,000 for
each of fiscal years 2006 through 2009'' and inserting
``1,800,000,000 for each of fiscal years 2009 through 2014'';
and
(2) in subparagraph (B)--
(A) in the first sentence, by striking ``3 percent
may be used for technical assistance under section
1701(d)'' and inserting ``5 percent may be used for
technical assistance under section 1701(f)''; and
(B) by striking the second sentence and inserting
the following: ``Of the funds available for grants
under part Q, not less than $1,250,000,000 shall be
used for grants for the purposes specified in section
1701(b), not more than $200,000,000 shall be used for
grants under section 1701(d), and not more than
$350,000,000 shall be used for grants under section
1701(e).''.
(i) Purposes.--Section 10002 of the Public Safety Partnership and
Community Policing Act of 1994 (42 U.S.C. 3796dd note) is amended--
(1) in paragraph (4), by striking ``development'' and
inserting ``use''; and
(2) in the matter following paragraph (4), by striking
``for a period of 6 years''.
(j) COPS Program Improvements.--
(1) In general.--Section 109(b) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3712h(b)) is
amended--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(C) in paragraph (2), as so redesignated, by
inserting ``, except for the program under part Q of
this title'' before the period.
(2) Law enforcement computer systems.--Section 107 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3712f) is amended by adding at the end the following:
``(c) Exception.--This section shall not apply to any grant made
under part Q of this title.''.
(k) Effective Date.--This section and the amendments made by this
section shall apply with respect to grants awarded under part Q of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et
seq.) on or after the date of enactment of this Act.
SEC. 3. REPORT BY INSPECTOR GENERAL REQUIRED.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Department of
Justice shall submit to Congress a report on the Public Safety and
Community Policing (``COPS ON THE BEAT'') grant program authorized by
part Q of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796dd et seq.), including the elements described in
subsection (b).
(b) Elements of Report.--The report submitted under subsection (a)
shall include information on the following, with respect to the grant
program described in such subsection:
(1) The effect of the program on the rate of violent crime,
drug offenses, and other crimes.
(2) The degree to which State and local governments awarded
a grant under the program contribute State and local funds,
respectively, for law enforcement programs and activities.
(3) Any waste, fraud, or abuse within the program.
(c) Random Sampling Required.--For purposes of subsection (a), the
Inspector General of the Department of Justice shall audit and review a
random sampling of State and local law enforcement agencies. Such
sampling shall include--
(1) law enforcement agencies of various sizes;
(2) law enforcement agencies that serve various
populations; and
(3) law enforcement agencies that serve areas of various
crime rates.
Union Calendar No. 35
111th CONGRESS
1st Session
H. R. 1139
[Report No. 111-78]
_______________________________________________________________________
A BILL
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
enhance the COPS ON THE BEAT grant program, and for other purposes.
_______________________________________________________________________
April 21, 2009
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed