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H.R. 1700 (110th): COPS Improvements Act of 2007


The text of the bill below is as of May 14, 2007 (Reported by House Committee).


IB

Union Calendar No. 90

110th CONGRESS

1st Session

H. R. 1700

[Report No. 110–150]

IN THE HOUSE OF REPRESENTATIVES

March 26, 2007

(for himself, Mr. Scott of Virginia, and Mr. Keller of Florida) introduced the following bill; which was referred to the Committee on the Judiciary

May 14, 2007

Additional sponsors: Mr. Patrick Murphy of Pennsylvania, Mr. Wilson of Ohio, Mr. Markey, Ms. Sutton, Ms. Corrine Brown of Florida, Mr. Brady of Pennsylvania, Mrs. McCarthy of New York, Mrs. Napolitano, Mr. Hinojosa, Mr. Rodriguez, Mr. Ortiz, Ms. Berkley, Mr. Nadler, Mr. Reyes, Mr. Ellison, Mr. LaTourette, Mr. Conyers, Mr. Schiff, Mr. Ryan of Ohio, Mr. Andrews, Mr. Stupak, Mr. Reichert, Mr. Ramstad, Mr. Higgins, Ms. Bordallo, Mr. McGovern, Mr. Johnson of Georgia, Ms. Wasserman Schultz, Mr. Emanuel, Mr. Pascrell, Mr. Doyle, Mr. Mahoney of Florida, Mr. Hare, Mr. Grijalva, Mr. Etheridge, Mr. Filner, Mr. Visclosky, Ms. Jackson-Lee of Texas, Mr. Cohen, Mr. Larson of Connecticut, Mr. Rahall, Mr. Wu, Mr. Delahunt, Ms. Watson, Mr. Sires, Mr. Moran of Virginia, Mr. Sestak, Mr. Holden, Mr. Shuler, Ms. Hirono, Mr. Cuellar, Mr. Lampson, Mr. Ellsworth, Mr. Moore of Kansas, Mrs. Capps, Mr. Hill, Mr. Donnelly, Mr. Hall of New York, Mr. Cleaver, Mr. Michaud, Mrs. Jones of Ohio, Mr. Courtney, Mr. Arcuri, Mr. Space, Ms. Loretta Sanchez of California, Ms. DeGette, Mr. Davis of Illinois, Mr. Welch of Vermont, Mr. Bishop of Georgia, Ms. Shea-Porter, Mr. Altmire, Mr. Capuano, Mr. Yarmuth, Ms. Hooley, Mr. Murphy of Connecticut, Mrs. Lowey, Mr. Walz of Minnesota, Mr. Sarbanes, Ms. Eddie Bernice Johnson of Texas, Mr. Thompson of Mississippi, Mr. Van Hollen, Mr. Udall of New Mexico, Mr. Murtha, Mr. McNerney, Mr. Loebsack, Ms. McCollum of Minnesota, Mr. Wexler, Mr. Klein of Florida, Mr. Perlmutter, Mrs. Boyda of Kansas, Mr. Hodes, Mr. Kagen, Mr. Fossella, Mr. Holt, Mrs. Gillibrand, Mr. Carney, Mr. Engel, Mr. Matheson, and Ms. Lee

May 14, 2007

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 March 26, 2007

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.

1.

Short title

This Act may be cited as the COPS Improvements Act of 2007.

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).

;

(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)

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

(18)

award enhancing community policing and crime prevention grants that meet emerging law enforcement needs, as warranted.

;

(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 paragraph.

;

(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 a program, project, or activity.

.

(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:

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.

(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 2007, 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 1,150,000,000 for each of fiscal years 2008 through 2013; 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 $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)..

(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.

.

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.

May 14, 2007

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed