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H.R. 1896 (112th): COPS Improvements Act of 2011

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The text of the bill below is as of May 13, 2011 (Introduced).

I

112th CONGRESS

1st Session

H. R. 1896

IN THE HOUSE OF REPRESENTATIVES

May 13, 2011

(for himself, Mr. Reichert, Mr. Conyers, Mr. Pascrell, Mr. Crowley, Mr. Scott of Virginia, and Ms. Jackson Lee of Texas) introduced the following bill; which was 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.

1.

Short title

This Act may be cited as the COPS Improvements Act of 2011.

2.

COPS grant improvements

(a)

In general

Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended—

(1)

by striking subsection (c);

(2)

by redesignating subsection (b) as subsection (c);

(3)

by striking subsection (a) and inserting the following:

(a)

The Office of Community Oriented Policing Services

(1)

Office

There is within the Department of Justice, under the general authority of the Attorney General, a separate and distinct office to be known as the Office of Community Oriented Policing Services (referred to in this subsection as the COPS Office).

(2)

Director

The COPS Office shall be headed by a Director who shall—

(A)

be appointed by the Attorney General; and

(B)

have final authority over all grants, cooperative agreements, and contracts awarded by the COPS Office.

(b)

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, and multi-jurisdictional or regional consortia for the purposes described in subsections (c), (d), (e), and (f).

;

(4)

in subsection (c), as so redesignated—

(A)

in the heading, by striking uses of grant amounts.— 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)

in paragraph (4), by inserting or train after pay for;

(D)

by striking paragraph (9);

(E)

by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively;

(F)

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;

;

(G)

by striking paragraph (13);

(H)

by redesignating paragraphs (14), (15), and (16) as paragraphs (13), (14), and (15), respectively;

(I)

in paragraph (15), as so redesignated, by striking and at the end;

(J)

by redesignating paragraph (17) as paragraph (18);

(K)

by inserting after paragraph (15), as so redesignated, 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; and

(17)

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

; and

(L)

in paragraph (18), as so redesignated, by striking through (16) and inserting through (17);

(5)

by striking subsections (h) and (i);

(6)

by redesignating subsections (j) and (k) as subsections (k) and (l), respectively;

(7)

by redesignating subsections (d) through (g) as subsections (g) through (j), respectively;

(8)

by inserting after subsection (c), as so redesignated, the following:

(d)

Troops-to-Cops programs

(1)

In general

Grants made under subsection (b) 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 is involuntarily separated from the Armed Forces within the meaning of section 1141 of title 10, United States Code.

(e)

Community prosecutors program

The Attorney General may make grants under subsection (b) 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.

(f)

Technology grants

The Attorney General may make grants under subsection (b) 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.

;

(9)

in subsection (g), 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; and

(C)

in the first sentence of paragraph (3), by inserting (including regional community policing institutes) after training centers or facilities;

(10)

in subsection (i), as so redesignated—

(A)

by striking subsection (a) the first place that term appears and inserting paragraphs (1) and (2) of subsection (c); 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 (c);

(11)

in subsection (j), as so redesignated—

(A)

by striking subsection (a) and inserting subsection (b); and

(B)

by striking the second sentence;

(12)

in subsection (k)(1), as so redesignated—

(A)

by striking subsection (i) and; and

(B)

by striking subsection (b) and inserting subsection (c); and

(13)

by adding at the end the following:

(m)

Retention of additional officer positions

For any grant under paragraph (1) or (2) of subsection (c) 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 title I 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;

(B)

by striking paragraph (8); and

(C)

by redesignating paragraphs (9) through (11) as paragraphs (8) through (10), respectively; and

(2)

by striking subsection (d).

(c)

Renewal of grants

Section 1703 of title I 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

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)

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.

.

(d)

Limitation on use of funds

Section 1704 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd–3) is amended—

(1)

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

(2)

by striking subsection (c).

(e)

Enforcement Actions

Section 1706 of title I 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..

(f)

Definitions

Section 1709(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd–8(1)) is amended—

(1)

by striking who is authorized and inserting who is a sworn law enforcement officer and is authorized; and

(2)

by inserting , including officers for the Amtrak Police Department before the period at the end.

(g)

Authorization of appropriations

Section 1001(a)(11) of title I 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 fiscal years 2006 through 2009 and inserting fiscal years 2012 through 2017; and

(2)

in subparagraph (B)—

(A)

in the first sentence—

(i)

by striking 3 percent and inserting 5 percent; and

(ii)

by striking section 1701(d) and inserting section 1701(g); 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(c), not more than $150,000,000 shall be used for grants under section 1701(e), and not more than $250,000,000 shall be used for grants under section 1701(f)..

(h)

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.

(i)

COPS Program improvements

(1)

In general

Section 109(b) of title I 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 title I 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.

.