You Have been Warned!!! Millatary cops.



HR 1139 RFS

111th CONGRESS

1st Session

H. R. 1139

IN THE SENATE OF THE UNITED STATES

April 23, 2009

Received; read twice and referred to the Committee on the Judiciary


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AN ACT

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.

Passed the House of Representatives April 23, 2009.

Attest:

LORRAINE C. MILLER,

Clerk.