[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1139 Referred in Senate (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

_______________________________________________________________________

                                 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.