[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3860 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 421
117th CONGRESS
  2d Session
                                S. 3860

To establish a grant program to provide assistance to local governments 
 with fewer than 200 law enforcement officers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2022

Ms. Cortez Masto (for herself, Mr. Grassley, Mr. Warnock, Mr. Cassidy, 
    Ms. Collins, Mr. Tester, Mr. Tillis, Mr. Coons, Mr. Young, Ms. 
 Klobuchar, Mrs. Feinstein, Mr. Cruz, Mr. Durbin, Mrs. Blackburn, Mr. 
 Blumenthal, Mr. Leahy, and Mr. Ossoff) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

                             June 14, 2022

               Reported by Mr. Durbin, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To establish a grant program to provide assistance to local governments 
 with fewer than 200 law enforcement officers, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Invest to Protect Act of 
2022''.</DELETED>

<DELETED>SEC. 2. GRANT PROGRAM.</DELETED>

<DELETED>    (a) Definitions.--In this Act:</DELETED>
        <DELETED>    (1) De-escalation training.--The term ``de-
        escalation training'' means a process or tactic used to 
        prevent, reduce, or manage behaviors associated with conflict 
        (including verbal or physical agitation, aggression, violence, 
        or similar behaviors) during an interaction between not less 
        than 2 individuals.</DELETED>
        <DELETED>    (2) Director.--The term ``Director'' means the 
        Director of the Office.</DELETED>
        <DELETED>    (3) Eligible local government.--The term 
        ``eligible local government'' means--</DELETED>
                <DELETED>    (A) a county, municipality, town, 
                township, village, parish, borough, or other unit of 
                general government below the State level that employs 
                fewer than 200 law enforcement officers; and</DELETED>
                <DELETED>    (B) a Tribal government that employs fewer 
                than 200 law enforcement officers.</DELETED>
        <DELETED>    (4) Law enforcement officer.--The term ``law 
        enforcement officer'' has the meaning given the term in section 
        2503 of the Omnibus Crime Control and Safe Streets Act of 1968 
        (34 U.S.C. 10533).</DELETED>
        <DELETED>    (5) Office.--The term ``Office'' means the Office 
        of Community Oriented Policing Services of the Department of 
        Justice.</DELETED>
<DELETED>    (b) Establishment.--There is established within the Office 
a grant program to--</DELETED>
        <DELETED>    (1) provide training, body cameras, and access to 
        mental health resources to local law enforcement officers; 
        and</DELETED>
        <DELETED>    (2) improve the recruitment and retention of local 
        law enforcement officers.</DELETED>
<DELETED>    (c) Authority.--Not later than 60 days after the date of 
enactment of this Act, the Director shall award grants to eligible 
local governments as a part of the grant program established under 
subsection (b).</DELETED>
<DELETED>    (d) Applications.--</DELETED>
        <DELETED>    (1) Barriers.--The Attorney General shall 
        determine what barriers exist to establishing a streamlined 
        application process for grants under this section.</DELETED>
        <DELETED>    (2) Report.--Not later than 30 days after the date 
        of enactment of this Act, the Attorney General shall submit to 
        Congress a report that includes a plan to execute a streamlined 
        application process for grants under this section under which 
        an eligible local government seeking a grant under this section 
        can complete the application in not more than 30 
        minutes.</DELETED>
        <DELETED>    (3) Applications.--In selecting eligible local 
        governments to receive grants under this section, the Director 
        shall use the streamlined application process described in 
        paragraph (2).</DELETED>
<DELETED>    (e) Eligible Activities.--An eligible local government 
that receives a grant under this section may use amounts from the grant 
only for--</DELETED>
        <DELETED>    (1) de-escalation training for law enforcement 
        officers;</DELETED>
        <DELETED>    (2) training for law enforcement officers in 
        handling situations of domestic violence;</DELETED>
        <DELETED>    (3) law enforcement officer safety 
        training;</DELETED>
        <DELETED>    (4) the offsetting of overtime costs associated 
        with scheduling issues when a law enforcement officer 
        participates in the training described in paragraphs (1) 
        through (3);</DELETED>
        <DELETED>    (5) the purchasing, storage, operation, and 
        securing of body cameras in accordance with guidelines 
        established by the eligible local government or the Attorney 
        General under subsection (f)(2) until the eligible local 
        government establishes such guidelines;</DELETED>
        <DELETED>    (6) a signing bonus for a law enforcement officer 
        in an amount determined by the eligible local 
        government;</DELETED>
        <DELETED>    (7) a retention bonus for a law enforcement 
        officer in an amount determined by the eligible local 
        government;</DELETED>
        <DELETED>    (8) a stipend for the graduate education of law 
        enforcement officers in the area of mental health, public 
        health, or social work, which shall not exceed the lesser of--
        </DELETED>
                <DELETED>    (A) $10,000; or</DELETED>
                <DELETED>    (B) the amount the law enforcement officer 
                pays towards such graduate education; and</DELETED>
        <DELETED>    (9) providing access to patient-centered 
        behavioral health services for law enforcement officers, which 
        may include resources for risk assessments, evidence-based, 
        trauma-informed care to treat post-traumatic stress disorder or 
        acute stress disorder, peer support and counselor services and 
        family supports, and the promotion of improved access to high 
        quality mental health care through telehealth.</DELETED>
<DELETED>    (f) Body Camera Guidelines.--</DELETED>
        <DELETED>    (1) In general.--An eligible local government that 
        uses funds from a grant under this section for the purpose 
        described in subsection (e)(5) shall--</DELETED>
                <DELETED>    (A) follow guidelines established by the 
                eligible local government or the State in which the 
                eligible local government is located relating to the 
                purchasing, storage, operation, and securing of body 
                cameras based on existing industry best practices; 
                or</DELETED>
                <DELETED>    (B) if the guidelines described in 
                subparagraph (A) do not yet exist, follow the 
                guidelines established under paragraph (2).</DELETED>
        <DELETED>    (2) Federal guidelines.--Not later than 60 days 
        after the date of enactment of this Act, the Attorney General 
        shall establish guidelines relating to the purchasing, storage, 
        operation, and securing of body cameras that are based on 
        existing industry best practices.</DELETED>
<DELETED>    (g) Disclosure of Officer Recruitment and Retention 
Bonuses.--Not later than 60 days after the date on which an eligible 
local government that receives a grant under this section awards a 
signing or retention bonus described in paragraph (6) or (7) of 
subsection (e), the eligible local government shall disclose to the 
Director and make publicly available on a website of the eligible local 
government the amount of such bonus.</DELETED>
<DELETED>    (h) Grant Accountability.--All grants awarded by the 
Director under this section shall be subject to the following 
accountability provisions:</DELETED>
        <DELETED>    (1) Audit requirement.--</DELETED>
                <DELETED>    (A) Definition.--In this paragraph, the 
                term ``unresolved audit finding'' means a finding in 
                the final audit report of the Inspector General of the 
                Department of Justice that the audited grantee has used 
                grant funds for an unauthorized expenditure or 
                otherwise unallowable cost that is not closed or 
                resolved within 12 months from the date when the final 
                audit report is issued.</DELETED>
                <DELETED>    (B) Audits.--Beginning in the first fiscal 
                year beginning after the date of enactment of this 
                subsection, and in each fiscal year thereafter, the 
                Inspector General of the Department of Justice shall 
                conduct audits of recipients of grants under this 
                section to prevent waste, fraud, and abuse of funds by 
                grantees. The Inspector General of the Department of 
                Justice shall determine the appropriate number of 
                grantees to be audited each year.</DELETED>
                <DELETED>    (C) Mandatory exclusion.--A recipient of 
                grant funds under this section that is found to have an 
                unresolved audit finding shall not be eligible to 
                receive grant funds under this section during the first 
                2 fiscal years beginning after the end of the 12-month 
                period described in subparagraph (A).</DELETED>
                <DELETED>    (D) Priority.--In awarding grants under 
                this section, the Director shall give priority to 
                eligible local governments that did not have an 
                unresolved audit finding during the 3 fiscal years 
                before submitting an application for a grant under this 
                section.</DELETED>
                <DELETED>    (E) Reimbursement.--If an eligible local 
                government is awarded grant funds under this section 
                during the 2-fiscal-year period during which the 
                eligible local government is barred from receiving 
                grants under subparagraph (C), the Attorney General 
                shall--</DELETED>
                        <DELETED>    (i) deposit an amount equal to the 
                        amount of the grant funds that were improperly 
                        awarded to the grantee into the General Fund of 
                        the Treasury; and</DELETED>
                        <DELETED>    (ii) seek to recoup the costs of 
                        the repayment to the fund from the grant 
                        recipient that was erroneously awarded grant 
                        funds.</DELETED>
        <DELETED>    (2) Annual certification.--Beginning in the fiscal 
        year during which audits commence under paragraph (1)(B), the 
        Attorney General shall submit to the Committee on the Judiciary 
        and the Committee on Appropriations of the Senate and the 
        Committee on the Judiciary and the Committee on Appropriations 
        of the House of Representatives an annual certification--
        </DELETED>
                <DELETED>    (A) indicating whether--</DELETED>
                        <DELETED>    (i) all audits issued by the 
                        Office of the Inspector General of the 
                        Department of Justice under paragraph (1) have 
                        been completed and reviewed by the appropriate 
                        Assistant Attorney General or 
                        Director;</DELETED>
                        <DELETED>    (ii) all mandatory exclusions 
                        required under paragraph (1)(C) have been 
                        issued; and</DELETED>
                        <DELETED>    (iii) all reimbursements required 
                        under paragraph (1)(E) have been made; 
                        and</DELETED>
                <DELETED>    (B) that includes a list of any grant 
                recipients excluded under paragraph (1) from the 
                previous year.</DELETED>
<DELETED>    (i) Preventing Duplicative Grants.--</DELETED>
        <DELETED>    (1) In general.--Before the Director awards a 
        grant to an eligible local government under this section, the 
        Attorney General shall compare potential grant awards with 
        other grants awarded by the Attorney General to determine if 
        grant awards are or have been awarded for a similar 
        purpose.</DELETED>
        <DELETED>    (2) Report.--If the Attorney General awards grants 
        to the same applicant for a similar purpose the Attorney 
        General shall submit to the Committee on the Judiciary of the 
        Senate and the Committee on the Judiciary of the House of 
        Representatives a report that includes--</DELETED>
                <DELETED>    (A) a list of all such grants awarded, 
                including the total dollar amount of any such grants 
                awarded; and</DELETED>
                <DELETED>    (B) the reason the Attorney General 
                awarded multiple grants to the same applicant for a 
                similar purpose.</DELETED>
<DELETED>    (j) Funding.--In carrying out this section, the Director--
</DELETED>
        <DELETED>    (1) shall use amounts otherwise made available to 
        the Office; and</DELETED>
        <DELETED>    (2) may use not more than $50,000,000 of such 
        amounts for each of fiscal years 2023 through 2027.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Invest to Protect Act of 2022''.

SEC. 2. GRANT PROGRAM.

    (a) Definitions.--In this Act:
            (1) De-escalation training.--The term ``de-escalation 
        training'' means training relating to taking action or 
        communicating verbally or non-verbally during a potential force 
        encounter in an attempt to stabilize the situation and reduce 
        the immediacy of the threat so that more time, options, and 
        resources can be called upon to resolve the situation without 
        the use of force or with a reduction in the force necessary.
            (2) Director.--The term ``Director'' means the Director of 
        the Office.
            (3) Eligible local government.--The term ``eligible local 
        government'' means--
                    (A) a county, municipality, town, township, 
                village, parish, borough, or other unit of general 
                government below the State level that employs fewer 
                than 200 law enforcement officers; and
                    (B) a Tribal government that employs fewer than 200 
                law enforcement officers.
            (4) Law enforcement officer.--The term ``law enforcement 
        officer'' has the meaning given the term ``career law 
        enforcement officer'' in section 1709 of title I the Omnibus 
        Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10389).
            (5) Office.--The term ``Office'' means the Office of 
        Community Oriented Policing Services of the Department of 
        Justice.
    (b) Establishment.--There is established within the Office a grant 
program to--
            (1) provide training, body cameras, and access to mental 
        health resources to local law enforcement officers; and
            (2) improve the recruitment and retention of local law 
        enforcement officers.
    (c) Authority.--Not later than 120 days after the date of enactment 
of this Act, the Director shall award grants to eligible local 
governments as a part of the grant program established under subsection 
(b).
    (d) Applications.--
            (1) Barriers.--The Attorney General shall determine what 
        barriers exist to establishing a streamlined application 
        process for grants under this section.
            (2) Report.--
                    (A) In general.--Not later than 30 days after the 
                date of enactment of this Act, the Attorney General 
                shall submit to Congress a report that includes a plan 
                to execute a streamlined application process for grants 
                under this section under which an eligible local 
                government seeking a grant under this section can 
                reasonably complete the application in not more than 2 
                hours.
                    (B) Contents of plan.--The plan required under 
                subparagraph (A) may include a plan for--
                            (i) proactively providing eligible local 
                        governments seeking a grant under this section 
                        with information on the data such eligible 
                        local governments will need to prepare before 
                        beginning the grant application; and
                            (ii) ensuring technical assistance is 
                        available for eligible local governments 
                        seeking a grant under this section before and 
                        during the grant application process, including 
                        through dedicated liaisons within the Office.
            (3) Applications.--In selecting eligible local governments 
        to receive grants under this section, the Director shall use 
        the streamlined application process described in paragraph 
        (2)(A).
    (e) Eligible Activities.--An eligible local government that 
receives a grant under this section may use amounts from the grant only 
for--
            (1) de-escalation training for law enforcement officers;
            (2) victim-centered training for law enforcement officers 
        in handling situations of domestic violence;
            (3) law enforcement officer safety training;
            (4) the offsetting of overtime costs associated with 
        scheduling issues when a law enforcement officer participates 
        in the training described in paragraphs (1) through (3);
            (5) the purchasing, storage, operation, data collection, 
        and securing of body cameras in accordance with guidelines 
        described in subsection (f)(1)(A) or, if such guidelines do not 
        exist, established by the Attorney General under subsection 
        (f)(2);
            (6) a signing bonus for a law enforcement officer in an 
        amount determined by the eligible local government;
            (7) a retention bonus for a law enforcement officer--
                    (A) in an amount determined by the eligible local 
                government that does not exceed 20 percent of the 
                salary of the law enforcement officer; and
                    (B) who--
                            (i) has been employed at a law enforcement 
                        agency for not fewer than 5 years; and
                            (ii) has not been found by an internal 
                        investigation to have engaged in serious 
                        misconduct;
            (8) a stipend for the graduate education of law enforcement 
        officers in the area of mental health, public health, or social 
        work, which shall not exceed the lesser of--
                    (A) $10,000; or
                    (B) the amount the law enforcement officer pays 
                towards such graduate education; and
            (9) providing access to patient-centered behavioral health 
        services for law enforcement officers, which may include 
        resources for risk assessments, evidence-based, trauma-informed 
        care to treat post-traumatic stress disorder or acute stress 
        disorder, peer support and counselor services and family 
        supports, and the promotion of improved access to high quality 
        mental health care through telehealth.
    (f) Body Camera Guidelines.--
            (1) In general.--An eligible local government that uses 
        funds from a grant under this section for the purpose described 
        in subsection (e)(5) shall--
                    (A) follow guidelines established by the eligible 
                local government or the State in which the eligible 
                local government is located relating to the purchasing, 
                storage, operation, data collection, and securing of 
                body cameras based on existing industry best practices; 
                or
                    (B) if the guidelines described in subparagraph (A) 
                do not yet exist or are not based on existing industry 
                best practices, follow the guidelines established under 
                paragraph (2).
            (2) Federal guidelines.--Not later than 60 days after the 
        date of enactment of this Act, the Attorney General shall 
        establish guidelines for small law enforcement agencies 
        relating to the purchasing, storage, operation, data 
        collection, and securing of body cameras that are based on 
        existing industry best practices.
    (g) Disclosure of Officer Recruitment and Retention Bonuses.--
            (1) In general.--Not later than 60 days after the date on 
        which an eligible local government that receives a grant under 
        this section awards a signing or retention bonus described in 
        paragraph (6) or (7) of subsection (e), the eligible local 
        government shall disclose to the Director and make publicly 
        available on a website of the eligible local government the 
        amount of such bonus.
            (2) Report.--The Director shall submit to the appropriate 
        congressional committees an annual report that includes each 
        signing or retention bonus disclosed under paragraph (1) during 
        the preceding year.
    (h) Grant Accountability.--All grants awarded by the Director under 
this section shall be subject to the following accountability 
provisions:
            (1) Audit requirement.--
                    (A) Definition.--In this paragraph, the term 
                ``unresolved audit finding'' means a finding in the 
                final audit report of the Inspector General of the 
                Department of Justice that the audited grantee has used 
                grant funds for an unauthorized expenditure or 
                otherwise unallowable cost that is not closed or 
                resolved within 12 months from the date when the final 
                audit report is issued.
                    (B) Audits.--Beginning in the first fiscal year 
                beginning after the date of enactment of this 
                subsection, and in each fiscal year thereafter, the 
                Inspector General of the Department of Justice shall 
                conduct audits of recipients of grants under this 
                section to prevent waste, fraud, and abuse of funds by 
                grantees. The Inspector General of the Department of 
                Justice shall determine the appropriate number of 
                grantees to be audited each year.
                    (C) Mandatory exclusion.--A recipient of grant 
                funds under this section that is found to have an 
                unresolved audit finding shall not be eligible to 
                receive grant funds under this section during the first 
                2 fiscal years beginning after the end of the 12-month 
                period described in subparagraph (A).
                    (D) Priority.--In awarding grants under this 
                section, the Director shall give priority to eligible 
                local governments that did not have an unresolved audit 
                finding during the 3 fiscal years before submitting an 
                application for a grant under this section.
                    (E) Reimbursement.--If an eligible local government 
                is awarded grant funds under this section during the 2-
                fiscal-year period during which the eligible local 
                government is barred from receiving grants under 
                subparagraph (C), the Attorney General shall--
                            (i) deposit an amount equal to the amount 
                        of the grant funds that were improperly awarded 
                        to the grantee into the General Fund of the 
                        Treasury; and
                            (ii) seek to recoup the costs of the 
                        repayment to the fund from the grant recipient 
                        that was erroneously awarded grant funds.
            (2) Annual certification.--Beginning in the fiscal year 
        during which audits commence under paragraph (1)(B), the 
        Attorney General shall submit to the Committee on the Judiciary 
        and the Committee on Appropriations of the Senate and the 
        Committee on the Judiciary and the Committee on Appropriations 
        of the House of Representatives an annual certification--
                    (A) indicating whether--
                            (i) all audits issued by the Office of the 
                        Inspector General of the Department of Justice 
                        under paragraph (1) have been completed and 
                        reviewed by the appropriate Assistant Attorney 
                        General or Director;
                            (ii) all mandatory exclusions required 
                        under paragraph (1)(C) have been issued; and
                            (iii) all reimbursements required under 
                        paragraph (1)(E) have been made; and
                    (B) that includes a list of any grant recipients 
                excluded under paragraph (1) from the previous year.
    (i) Preventing Duplicative Grants.--
            (1) In general.--Before the Director awards a grant to an 
        eligible local government under this section, the Attorney 
        General shall compare potential grant awards with other grants 
        awarded by the Attorney General to determine if grant awards 
        are or have been awarded for a similar purpose.
            (2) Report.--If the Attorney General awards grants to the 
        same applicant for a similar purpose, the Attorney General 
        shall submit to the Committee on the Judiciary of the Senate 
        and the Committee on the Judiciary of the House of 
        Representatives a report that includes--
                    (A) a list of all such grants awarded, including 
                the total dollar amount of any such grants awarded; and
                    (B) the reason the Attorney General awarded 
                multiple grants to the same applicant for a similar 
                purpose.
    (j) Funding.--In carrying out this section, the Director--
            (1) shall use amounts otherwise made available to the 
        Office; and
            (2) may use not more than $50,000,000 of such amounts for 
        each of fiscal years 2023 through 2027.
                                                       Calendar No. 421

117th CONGRESS

  2d Session

                                S. 3860

_______________________________________________________________________

                                 A BILL

To establish a grant program to provide assistance to local governments 
 with fewer than 200 law enforcement officers, and for other purposes.

_______________________________________________________________________

                             June 14, 2022

                       Reported with an amendment