II
111th CONGRESS
1st Session
S. 167
IN THE SENATE OF THE UNITED STATES
January 8, 2009
Mr. Kohl (for himself, Mrs. Feinstein, Mr. Leahy, Mr. Reid, Mr. Schumer, Mr. Durbin, Mr. Dodd, Mr. Lautenberg, Mrs. Boxer, Ms. Stabenow, Mr. Kerry, and Mr. Whitehouse) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
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.
Short title
This Act may be cited as
the COPS Improvements Act of
2009
.
COPS grant improvements
In general
Section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended—
by amending subsection (a) to read as follows:
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).
;
in subsection (b)—
by striking the subsection heading text and
inserting Community
policing and crime prevention grants
;
in paragraph (3), by striking , to
increase the number of officers deployed in community-oriented
policing
;
in paragraph (4), by inserting or
train
after pay for
;
by inserting after paragraph (4) the following:
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;
;
by striking paragraph (9);
by redesignating paragraphs (10) through (12) as paragraphs (9) through (11), respectively;
by striking paragraph (13);
by redesignating paragraphs (14) through (17) as paragraphs (12) through (15), respectively;
in paragraph (14), as so redesignated, by
striking and
at the end;
in paragraph (15), as so redesignated, by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
establish and implement innovative programs to reduce and prevent illegal drug manufacturing, distribution, and use, including the manufacturing, distribution, and use of methamphetamine; and
award enhancing community policing and crime prevention grants that meet emerging law enforcement needs, as warranted.
;
by striking subsection (c);
by striking subsections (h) and (i);
by redesignating subsections (d) through (g) as subsections (f) through (i), respectively;
by inserting after subsection (b) the following:
Troops-to-cops programs
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.
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.
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—
handle cases from specific geographic areas; and
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.
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.
;
in subsection (f), as so redesignated—
in paragraph (1), by striking to
States, units of local government, Indian tribal governments, and to other
public and private entities,
;
in paragraph (2), by striking define
for State and local governments, and other public and private entities,
and inserting establish
;
in the first sentence of paragraph (3), by
inserting (including regional community policing institutes)
after training centers or facilities
; and
by adding at the end the following:
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 paragraph.
;
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.
;
in subsection (h), as so redesignated—
by striking subsection (a)
the first place that term appears and inserting paragraphs (1) and (2)
of subsection (b)
; and
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)
;
in subsection (i), as so redesignated, by striking the second sentence; and
by adding at the end the following:
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 a program, project, or activity.
.
Applications
Section 1702 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd–1) is amended—
in subsection (c)—
in the matter preceding paragraph (1), by
inserting , unless waived by the Attorney General
after
under this part shall
;
by striking paragraph (8); and
by redesignating paragraphs (9) through (11) as paragraphs (8) through (10), respectively; and
by striking subsection (d).
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:
Renewal of grants
In general
A grant made under this part may be renewed, without limitations on the duration of such renewal, to provide additional funds, if the Attorney General determines that the funds made available to the recipient were used in a manner required under an approved application and if the recipient can demonstrate significant progress in achieving the objectives of the initial application.
No cost extensions
Notwithstanding subsection (a), the Attorney General may extend a grant period, without limitations as to the duration of such extension, to provide additional time to complete the objectives of the initial grant award.
.
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—
in subsection (a), by striking that
would, in the absence of Federal funds received under this part, be made
available from State or local sources
and inserting that the
Attorney General determines would, in the absence of Federal funds received
under this part, be made available for the purpose of the grant under this part
from State or local sources
; and
by striking subsection (c).
Enforcement Actions
In general
Section 1706 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd–5) is amended—
in the section heading, by striking
Revocation or suspension of
funding
and inserting Enforcement actions
;
and
by striking revoke or
suspend
and all that follows and inserting take any enforcement
action available to the Department of Justice.
.
Technical and conforming amendment
The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711) is amended by striking the item relating to section 1706 and inserting the following:
.
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
; and
by inserting , including officers
for the Amtrak Police Department
before the period at the end.
Authorization of appropriations
Section 1001(11) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(11)) is amended—
in subparagraph (A), by striking
$1,047,119,000 for each of fiscal years 2006 through 2009
and
inserting $1,150,000,000 for each of fiscal years 2009 through
2014
; and
in subparagraph (B)—
in the first sentence, by striking 3
percent
and inserting 5 percent
; and
by striking the second sentence and
inserting the following: Of the funds available for grants under part Q,
not less than $600,000,000 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).
.
Purposes
Section 10002 of the Public Safety Partnership and Community Policing Act of 1994 (42 U.S.C. 3796dd note) is amended—
in paragraph (4), by striking
development
and inserting use
; and
in the matter following paragraph (4), by
striking for a period of 6 years
.
COPS Program improvements
In general
Section 109(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712h(b)) is amended—
by striking paragraph (1);
by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and
in paragraph (2), as so redesignated, by
inserting , except for the program under part Q of this title
before the period.
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:
Exception
This section shall not apply to any grant made under part Q of this title.
.