II 

111TH CONGRESS 

1ST SESSION S. 167 

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. 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘COPS Improvements 

5 Act of 2009’’. 

6 SEC. 2. COPS GRANT IMPROVEMENTS. 

7 (a) IN GENERAL.—Section 1701 of the Omnibus 

8 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

9 3796dd) is amended— 


wwoods2 on PRODPC68 with BILLS
2 

•S 167 IS

1 (1) by amending subsection (a) to read as fol2 lows: 

3 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen4 eral shall carry out grant programs under which the Attor5 ney General makes grants to States, units of local govern6 ment, Indian tribal governments, other public and private 

7 entities, multi-jurisdictional or regional consortia, and in8 dividuals for the purposes described in subsections (b), (c), 

9 (d), and (e).’’; 

10 (2) in subsection (b)— 

11 (A) by striking the subsection heading text 

12 and inserting ‘‘COMMUNITY POLICING AND

13 CRIME PREVENTION GRANTS’’; 

14 (B) in paragraph (3), by striking ‘‘, to in15 crease the number of officers deployed in com16 munity-oriented policing’’; 

17 (C) in paragraph (4), by inserting ‘‘or 

18 train’’ after ‘‘pay for’’; 

19 (D) by inserting after paragraph (4) the 

20 following: 

21 ‘‘(5) award grants to hire school resource offi22 cers and to establish school-based partnerships be23 tween local law enforcement agencies and local 

24 school systems to combat crime, gangs, drug activiVerDate Nov 24 2008 23:48 Jan 10, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S167.IS S167

wwoods2 on PRODPC68 with BILLS
3 

•S 167 IS

1 ties, and other problems in and around elementary 

2 and secondary schools;’’; 

3 (E) by striking paragraph (9); 

4 (F) by redesignating paragraphs (10) 

5 through (12) as paragraphs (9) through (11), 

6 respectively; 

7 (G) by striking paragraph (13); 

8 (H) by redesignating paragraphs (14) 

9 through (17) as paragraphs (12) through (15), 

10 respectively; 

11 (I) in paragraph (14), as so redesignated, 

12 by striking ‘‘and’’ at the end; 

13 (J) in paragraph (15), as so redesignated, 

14 by striking the period at the end and inserting 

15 a semicolon; and 

16 (K) by adding at the end the following: 

17 ‘‘(16) establish and implement innovative pro18 grams to reduce and prevent illegal drug manufac19 turing, distribution, and use, including the manufac20 turing, distribution, and use of methamphetamine; 

21 and 

22 ‘‘(17) award enhancing community policing and 

23 crime prevention grants that meet emerging law en24 forcement needs, as warranted.’’; 

25 (3) by striking subsection (c); 


wwoods2 on PRODPC68 with BILLS
4 

•S 167 IS

1 (4) by striking subsections (h) and (i); 

2 (5) by redesignating subsections (d) through (g) 

3 as subsections (f) through (i), respectively; 

4 (6) by inserting after subsection (b) the fol5 lowing: 

6 ‘‘(c) TROOPS-TO-COPS PROGRAMS.— 

7 ‘‘(1) IN GENERAL.—Grants made under sub8 section (a) may be used to hire former members of 

9 the Armed Forces to serve as career law enforce10 ment officers for deployment in community-oriented 

11 policing, particularly in communities that are ad12 versely affected by a recent military base closing. 

13 ‘‘(2) DEFINITION.—In this subsection, ‘former 

14 member of the Armed Forces’ means a member of 

15 the Armed Forces of the United States who is invol16 untarily separated from the Armed Forces within 

17 the meaning of section 1141 of title 10, United 

18 States Code. 

19 ‘‘(d) COMMUNITY PROSECUTORS PROGRAM.—The 

20 Attorney General may make grants under subsection (a) 

21 to pay for additional community prosecuting programs, in22 cluding programs that assign prosecutors to— 

23 ‘‘(1) handle cases from specific geographic 

24 areas; and 


wwoods2 on PRODPC68 with BILLS
5 

•S 167 IS

1 ‘‘(2) address counter-terrorism problems, spe2 cific violent crime problems (including intensive ille3 gal gang, gun, and drug enforcement and quality of 

4 life initiatives), and localized violent and other crime 

5 problems based on needs identified by local law en6 forcement agencies, community organizations, and 

7 others. 

8 ‘‘(e) TECHNOLOGY GRANTS.—The Attorney General 

9 may make grants under subsection (a) to develop and use 

10 new technologies (including interoperable communications 

11 technologies, modernized criminal record technology, and 

12 forensic technology) to assist State and local law enforce13 ment agencies in reorienting the emphasis of their activi14 ties from reacting to crime to preventing crime and to 

15 train law enforcement officers to use such technologies.’’; 

16 (7) in subsection (f), as so redesignated— 

17 (A) in paragraph (1), by striking ‘‘to 

18 States, units of local government, Indian tribal 

19 governments, and to other public and private 

20 entities,’’; 

21 (B) in paragraph (2), by striking ‘‘define 

22 for State and local governments, and other pub23 lic and private entities,’’ and inserting ‘‘estab24 lish’’; 


wwoods2 on PRODPC68 with BILLS
6 

•S 167 IS

1 (C) in the first sentence of paragraph (3), 

2 by inserting ‘‘(including regional community po3 licing institutes)’’ after ‘‘training centers or fa4 cilities’’; and 

5 (D) by adding at the end the following: 

6 ‘‘(4) EXCLUSIVITY.—The Office of Community 

7 Oriented Policing Services shall be the exclusive 

8 component of the Department of Justice to perform 

9 the functions and activities specified in this para10 graph.’’; 

11 (8) in subsection (g), as so redesignated, by 

12 striking ‘‘may utilize any component’’, and all that 

13 follows and inserting ‘‘shall use the Office of Com14 munity Oriented Policing Services of the Depart15 ment of Justice in carrying out this part.’’; 

16 (9) in subsection (h), as so redesignated— 

17 (A) by striking ‘‘subsection (a)’’ the first 

18 place that term appears and inserting ‘‘para19 graphs (1) and (2) of subsection (b)’’; and 

20 (B) by striking ‘‘in each fiscal year pursu21 ant to subsection (a)’’ and inserting ‘‘in each 

22 fiscal year for purposes described in paragraph 

23 (1) and (2) of subsection (b)’’; 

24 (10) in subsection (i), as so redesignated, by 

25 striking the second sentence; and 


wwoods2 on PRODPC68 with BILLS
7 

•S 167 IS

1 (11) by adding at the end the following: 

2 ‘‘(j) RETENTION OF ADDITIONAL OFFICER POSI3 TIONS.—For any grant under paragraph (1) or (2) of sub4 section (b) for hiring or rehiring career law enforcement 

5 officers, a grant recipient shall retain each additional law 

6 enforcement officer position created under that grant for 

7 not less than 12 months after the end of the period of 

8 that grant, unless the Attorney General waives, wholly or 

9 in part, the retention requirement of a program, project, 

10 or activity.’’. 

11 (b) APPLICATIONS.—Section 1702 of the Omnibus 

12 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

13 3796dd–1) is amended— 

14 (1) in subsection (c)— 

15 (A) in the matter preceding paragraph (1), 

16 by inserting ‘‘, unless waived by the Attorney 

17 General’’ after ‘‘under this part shall’’; 

18 (B) by striking paragraph (8); and 

19 (C) by redesignating paragraphs (9) 

20 through (11) as paragraphs (8) through (10), 

21 respectively; and 

22 (2) by striking subsection (d). 

23 (c) RENEWAL OF GRANTS.—Section 1703 of the Om24 nibus Crime Control and Safe Streets Act of 1968 (42 

25 U.S.C. 3796dd–2) is amended to read as follows: 


wwoods2 on PRODPC68 with BILLS
8 

•S 167 IS

1 ‘‘SEC. 1703. RENEWAL OF GRANTS. 

2 ‘‘(a) IN GENERAL.—A grant made under this part 

3 may be renewed, without limitations on the duration of 

4 such renewal, to provide additional funds, if the Attorney 

5 General determines that the funds made available to the 

6 recipient were used in a manner required under an ap7 proved application and if the recipient can demonstrate 

8 significant progress in achieving the objectives of the ini9 tial application. 

10 ‘‘(b) NO COST EXTENSIONS.—Notwithstanding sub11 section (a), the Attorney General may extend a grant pe12 riod, without limitations as to the duration of such exten13 sion, to provide additional time to complete the objectives 

14 of the initial grant award.’’. 

15 (d) LIMITATION ON USE OF FUNDS.—Section 1704 

16 of the Omnibus Crime Control and Safe Streets Act of 

17 1968 (42 U.S.C. 3796dd–3) is amended— 

18 (1) in subsection (a), by striking ‘‘that would, 

19 in the absence of Federal funds received under this 

20 part, be made available from State or local sources’’ 

21 and inserting ‘‘that the Attorney General determines 

22 would, in the absence of Federal funds received 

23 under this part, be made available for the purpose 

24 of the grant under this part from State or local 

25 sources’’; and 

26 (2) by striking subsection (c). 


wwoods2 on PRODPC68 with BILLS
9 

•S 167 IS

1 (e) ENFORCEMENT ACTIONS.— 

2 (1) IN GENERAL.—Section 1706 of the Omni3 bus Crime Control and Safe Streets Act of 1968 (42 

4 U.S.C. 3796dd–5) is amended— 

5 (A) in the section heading, by striking 

6 ‘‘REVOCATION OR SUSPENSION OF FUND7 ING’’ and inserting ‘‘ENFORCEMENT AC8 TIONS’’; and 

9 (B) by striking ‘‘revoke or suspend’’ and 

10 all that follows and inserting ‘‘take any enforce11 ment action available to the Department of Jus12 tice.’’. 

13 (2) TECHNICAL AND CONFORMING AMEND14 MENT.—The table of contents of title I of the Omni15 bus Crime Control and Safe Streets Act of 1968 (42 

16 U.S.C. 3711) is amended by striking the item relat17 ing to section 1706 and inserting the following: 

‘‘Sec. 1706. Enforcement actions.’’. 

18 (f) DEFINITIONS.—Section 1709(1) of the Omnibus 

19 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

20 3796dd–8(1)) is amended— 

21 (1) by inserting ‘‘who is a sworn law enforce22 ment officer’’ after ‘‘permanent basis’’; and 

23 (2) by inserting ‘‘, including officers for the 

24 Amtrak Police Department’’ before the period at the 

25 end. 


wwoods2 on PRODPC68 with BILLS
10 

•S 167 IS

1 (g) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 1001(11) of the Omnibus Crime Control and Safe Streets 

3 Act of 1968 (42 U.S.C. 3793(11)) is amended— 

4 (1) in subparagraph (A), by striking 

5 ‘‘$1,047,119,000 for each of fiscal years 2006 

6 through 2009’’ and inserting ‘‘$1,150,000,000 for 

7 each of fiscal years 2009 through 2014’’; and 

8 (2) in subparagraph (B)— 

9 (A) in the first sentence, by striking ‘‘3 

10 percent’’ and inserting ‘‘5 percent’’; and 

11 (B) by striking the second sentence and in12 serting the following: ‘‘Of the funds available 

13 for grants under part Q, not less than 

14 $600,000,000 shall be used for grants for the 

15 purposes specified in section 1701(b), not more 

16 than $200,000,000 shall be used for grants 

17 under section 1701(d), and not more than 

18 $350,000,000 shall be used for grants under 

19 section 1701(e).’’. 

20 (h) PURPOSES.—Section 10002 of the Public Safety 

21 Partnership and Community Policing Act of 1994 (42 

22 U.S.C. 3796dd note) is amended— 

23 (1) in paragraph (4), by striking ‘‘development’’ 

24 and inserting ‘‘use’’; and 


wwoods2 on PRODPC68 with BILLS
11 

•S 167 IS

1 (2) in the matter following paragraph (4), by 

2 striking ‘‘for a period of 6 years’’. 

3 (i) COPS PROGRAM IMPROVEMENTS.— 

4 (1) IN GENERAL.—Section 109(b) of the Omni5 bus Crime Control and Safe Streets Act of 1968 (42 

6 U.S.C. 3712h(b)) is amended— 

7 (A) by striking paragraph (1); 

8 (B) by redesignating paragraphs (2) and 

9 (3) as paragraphs (1) and (2), respectively; and 

10 (C) in paragraph (2), as so redesignated, 

11 by inserting ‘‘, except for the program under 

12 part Q of this title’’ before the period. 

13 (2) LAW ENFORCEMENT COMPUTER SYS14 TEMS.—Section 107 of the Omnibus Crime Control 

15 and Safe Streets Act of 1968 (42 U.S.C. 3712f) is 

16 amended by adding at the end the following: 

17 ‘‘(c) EXCEPTION.—This section shall not apply to any 

18 grant made under part Q of this title.’’. 

Æ 


wwoods2 on PRODPC68 with BILLS