II 

Calendar No. 175 

110TH CONGRESS 

1ST SESSION S. 368 

[Report No. 110–73] 

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 23, 2007 

Mr. BIDEN (for himself, Mr. BAUCUS, Mrs. BOXER, Ms. CANTWELL, Mrs. 

CLINTON, Mr. DODD, Mrs. FEINSTEIN, Mr. HARKIN, Mr. KERRY, Mr. 

KOHL, Mr. LAUTENBERG, Mr. LEAHY, Mr. LIEBERMAN, Mr. MENENDEZ, 

Ms. MIKULSKI, Mr. OBAMA, Mr. REED, Mr. SALAZAR, Mr. SCHUMER, 

Mr. SMITH, Ms. STABENOW, Mr. REID, Mr. BYRD, Mr. ROCKEFELLER, 

Mr. BROWN, Mrs. MCCASKILL, Mr. DURBIN, Mr. NELSON of Florida, 

Ms. LANDRIEU, Ms. KLOBUCHAR, Mr. SPECTER, Mr. KENNEDY, Mr. 

CARDIN, Mr. LEVIN, Mr. SANDERS, Mrs. MURRAY, Mr. COLEMAN, Mr. 

CASEY, and Mr. BINGAMAN) introduced the following bill; which was read 

twice and referred to the Committee on the Judiciary 

MAY 24, 2007 

Reported by Mr. LEAHY, without amendment 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Act of 2007’’. 

4 SEC. 2. COPS GRANT IMPROVEMENTS. 

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

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

7 3796dd) is amended— 

8 (1) by amending subsection (a) to read as fol9 lows: 

10 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen11 eral shall carry out grant programs under which the Attor12 ney General makes grants to States, units of local govern13 ment, Indian tribal governments, other public and private 

14 entities, multi-jurisdictional or regional consortia, and in15 dividuals for the purposes described in subsections (b), (c), 

16 (d), and (e).’’; 

17 (2) in subsection (b)— 

18 (A) by striking the subsection heading text 

19 and inserting ‘‘COMMUNITY POLICING AND

20 CRIME PREVENTION GRANTS’’; 

21 (B) in paragraph (3), by striking ‘‘, to in22 crease the number of officers deployed in com23 munity-oriented policing’’; 

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

25 train’’ after ‘‘pay for’’; 


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

2 following: 

3 ‘‘(5) award grants to hire school resource offi4 cers and to establish school-based partnerships be5 tween local law enforcement agencies and local 

6 school systems to combat crime, gangs, drug activi7 ties, and other problems in and around elementary 

8 and secondary schools;’’; 

9 (E) by striking paragraph (9); 

10 (F) by redesignating paragraphs (10) 

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

12 respectively; 

13 (G) by striking paragraph (13); 

14 (H) by redesignating paragraphs (14) 

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

16 respectively; 

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

18 by striking ‘‘and’’ at the end; 

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

20 by striking the period at the end and inserting 

21 a semicolon; and 

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

23 ‘‘(16) establish and implement innovative pro24 grams to reduce and prevent illegal drug manufac25 turing, distribution, and use, including the manufacVerDate Aug 31 2005 02:09 May 26, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S368.RS S368

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1 turing, distribution, and use of methamphetamine; 

2 and 

3 ‘‘(17) award enhancing community policing and 

4 crime prevention grants that meet emerging law en5 forcement needs, as warranted.’’; 

6 (3) by striking subsection (c); 

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

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

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

10 (6) by inserting after subsection (b) the fol11 lowing: 

12 ‘‘(c) TROOPS-TO-COPS PROGRAMS.— 

13 ‘‘(1) IN GENERAL.—Grants made under sub14 section (a) may be used to hire former members of 

15 the Armed Forces to serve as career law enforce16 ment officers for deployment in community-oriented 

17 policing, particularly in communities that are ad18 versely affected by a recent military base closing. 

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

20 member of the Armed Forces’ means a member of 

21 the Armed Forces of the United States who is invol22 untarily separated from the Armed Forces within 

23 the meaning of section 1141 of title 10, United 

24 States Code. 


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

2 Attorney General may make grants under subsection (a) 

3 to pay for additional community prosecuting programs, in4 cluding programs that assign prosecutors to— 

5 ‘‘(1) handle cases from specific geographic 

6 areas; and 

7 ‘‘(2) address counter-terrorism problems, spe8 cific violent crime problems (including intensive ille9 gal gang, gun, and drug enforcement and quality of 

10 life initiatives), and localized violent and other crime 

11 problems based on needs identified by local law en12 forcement agencies, community organizations, and 

13 others. 

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

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

16 new technologies (including interoperable communications 

17 technologies, modernized criminal record technology, and 

18 forensic technology) to assist State and local law enforce19 ment agencies in reorienting the emphasis of their activi20 ties from reacting to crime to preventing crime and to 

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

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

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

24 States, units of local government, Indian tribal 


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1 governments, and to other public and private 

2 entities,’’; 

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

4 for State and local governments, and other pub5 lic and private entities,’’ and inserting ‘‘estab6 lish’’; 

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

8 by inserting ‘‘(including regional community po9 licing institutes)’’ after ‘‘training centers or fa10 cilities’’; and 

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

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

13 Oriented Policing Services shall be the exclusive 

14 component of the Department of Justice to perform 

15 the functions and activities specified in this para16 graph.’’; 

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

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

19 follows and inserting ‘‘shall use the Office of Com20 munity Oriented Policing Services of the Depart21 ment of Justice in carrying out this part.’’; 

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

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

24 place that term appears and inserting ‘‘para25 graphs (1) and (2) of subsection (b)’’; and 


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1 (B) by striking ‘‘in each fiscal year pursu2 ant to subsection (a)’’ and inserting ‘‘in each 

3 fiscal year for purposes described in paragraph 

4 (1) and (2) of subsection (b)’’; 

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

6 striking the second sentence; and 

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

8 ‘‘(j) RETENTION OF ADDITIONAL OFFICER POSI9 TIONS.—For any grant under paragraph (1) or (2) of sub10 section (b) for hiring or rehiring career law enforcement 

11 officers, a grant recipient shall retain each additional law 

12 enforcement officer position created under that grant for 

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

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

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

16 or activity.’’. 

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

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

19 3796dd–1) is amended— 

20 (1) in subsection (c)— 

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

22 by inserting ‘‘, unless waived by the Attorney 

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

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


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1 (C) by redesignating paragraphs (9) 

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

3 respectively; and 

4 (2) by striking subsection (d). 

5 (c) RENEWAL OF GRANTS.—Section 1703 of the Om6 nibus Crime Control and Safe Streets Act of 1968 (42 

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

8 ‘‘SEC. 1703. RENEWAL OF GRANTS. 

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

10 may be renewed, without limitations on the duration of 

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

12 General determines that the funds made available to the 

13 recipient were used in a manner required under an ap14 proved application and if the recipient can demonstrate 

15 significant progress in achieving the objectives of the ini16 tial application. 

17 ‘‘(b) NO COST EXTENSIONS.—Notwithstanding sub18 section (a), the Attorney General may extend a grant pe19 riod, without limitations as to the duration of such exten20 sion, to provide additional time to complete the objectives 

21 of the initial grant award.’’. 

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

23 of the Omnibus Crime Control and Safe Streets Act of 

24 1968 (42 U.S.C. 3796dd–3) is amended— 


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

2 in the absence of Federal funds received under this 

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

4 and inserting ‘‘that the Attorney General determines 

5 would, in the absence of Federal funds received 

6 under this part, be made available for the purpose 

7 of the grant under this part from State or local 

8 sources’’; and 

9 (2) by striking subsection (c). 

10 (e) ENFORCEMENT ACTIONS.— 

11 (1) IN GENERAL.—Section 1706 of the Omni12 bus Crime Control and Safe Streets Act of 1968 (42 

13 U.S.C. 3796dd–5) is amended— 

14 (A) in the section heading, by striking 

15 ‘‘REVOCATION OR SUSPENSION OF FUND16 ING’’ and inserting ‘‘ENFORCEMENT AC17 TIONS’’; and 

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

19 all that follows and inserting ‘‘take any enforce20 ment action available to the Department of Jus21 tice.’’. 

22 (2) TECHNICAL AND CONFORMING AMEND23 MENT.—The table of contents of title I of the Omni24 bus Crime Control and Safe Streets Act of 1968 (42 


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1 U.S.C. 3711) is amended by striking the item relat2 ing to section 1706 and inserting the following: 

‘‘Sec. 1706. Enforcement actions.’’. 

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

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

5 3796dd–8(1)) is amended— 

6 (1) by inserting ‘‘who is a sworn law enforce7 ment officer’’ after ‘‘permanent basis’’; and 

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

9 Amtrak Police Department’’ before the period at the 

10 end. 

11 (g) AUTHORIZATION OF APPROPRIATIONS.—Section 

12 1001(11) of the Omnibus Crime Control and Safe Streets 

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

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

15 ‘‘1,047,119,000’’ and inserting ‘‘1,150,000,000’’; 

16 and 

17 (2) in subparagraph (B)— 

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

19 percent’’ and inserting ‘‘5 percent’’; and 

20 (B) by striking the second sentence and in21 serting the following: ‘‘Of the funds available 

22 for grants under part Q, not less than 

23 $600,000,000 shall be used for grants for the 

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

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


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

2 $350,000,000 shall be used for grants under 

3 section 1701(e).’’. 

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

5 Partnership and Community Policing Act of 1994 (42 

6 U.S.C. 3796dd note) is amended— 

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

8 and inserting ‘‘use’’; and 

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

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

11 (i) COPS PROGRAM IMPROVEMENTS.— 

12 (1) IN GENERAL.—Section 109(b) of the Omni13 bus Crime Control and Safe Streets Act of 1968 (42 

14 U.S.C. 3712h(b)) is amended— 

15 (A) by striking paragraph (1); 

16 (B) by redesignating paragraphs (2) and 

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

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

19 by inserting ‘‘, except for the program under 

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

21 (2) LAW ENFORCEMENT COMPUTER SYS22 TEMS.—Section 107 of the Omnibus Crime Control 

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

24 amended by adding at the end the following: 


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

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


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Calendar No. 175 

110TH CONGRESS 

1ST SESSION S. 368 

[Report No. 110

–73] 

A BILL 

To amend the Omnibus Crime Control and Safe 

poses. THE BEAT grant program, and for other purStreets Act of 1968 to enhance the COPS ON 

MAY 24, 2007 

Reported without amendment 


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