[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3763 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 3763

    To direct the Attorney General to establish a grant program to 
  establish, implement, and administer violent incident clearance and 
       technology investigative methods, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 7, 2024

   Mr. Booker (for himself, Mr. Kennedy, Mr. Durbin, and Mr. Tillis) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To direct the Attorney General to establish a grant program to 
  establish, implement, and administer violent incident clearance and 
       technology investigative methods, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Violent Incident Clearance and 
Technological Investigative Methods Act of 2024'' or the ``VICTIM Act 
of 2024''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Research indicates that law enforcement agencies can 
        increase clearance rates by improving--
                    (A) investigative processes;
                    (B) detective capacities; and
                    (C) organizational oversight and supervision of 
                investigations.
            (2) When a law enforcement agency expends additional 
        investigative effort, the law enforcement agency improves its 
        success in gaining cooperation of key witnesses and increases 
        the amount of forensic evidence collected.
            (3) Effective investigation of homicides, shootings, and 
        other firearm-related violent crimes can prevent subsequent 
        related violence by--
                    (A) deterring retaliation; and
                    (B) providing interventions to individuals who may 
                continue to commit crimes or become victims of 
                retaliatory violence.
            (4) Law enforcement agencies that demonstrate higher rates 
        of clearance for homicides and firearm-related violent crimes--
                    (A) have more structured oversight and formal 
                interactions between investigative units and agency 
                leadership;
                    (B) are more likely to have investigative units 
                that have collaborative relationships and robust 
                information sharing with other units of the law 
                enforcement agency;
                    (C) have investigative units that have specific 
                goals and performance metrics for both the unit and for 
                investigators within the unit;
                    (D) have investigators who more frequently respond 
                to the initial crime scene shortly after crimes have 
                been reported to collect evidence and interview 
                witnesses;
                    (E) have investigators who either have specialized 
                experience before joining investigative units or are 
                trained in investigations once they join those units;
                    (F) often have standard operating procedures for 
                investigations that establish policies and evidence-
                based best practices for conducting and completing 
                homicide investigations; and
                    (G) have better relationships with the communities 
                they serve, even if no specific community-oriented 
                campaign or initiative exists between investigative 
                units and community groups.
            (5) Criminal justice agencies should collaborate with each 
        other and share best practices for solving homicides and 
        firearm-related violent crimes.
            (6) A comprehensive community engagement strategy 
        concerning gun violence is essential to improving clearance 
        rates for homicides and firearm-related violent crimes.

SEC. 3. GRANT PROGRAM WITH RESPECT TO VIOLENT INCIDENT CLEARANCE AND 
              TECHNOLOGICAL INVESTIGATIVE METHODS.

    (a) Definitions.--In this section:
            (1) Clearance by arrest.--The term ``clearance by arrest'', 
        with respect to an offense reported to a law enforcement 
        agency, means the law enforcement agency--
                    (A) has--
                            (i) arrested not less than 1 person for the 
                        offense;
                            (ii) charged the person described in clause 
                        (i) with the commission of the offense; and
                            (iii) referred the person described in 
                        clause (i) for prosecution for the offense; or
                    (B) has cited an individual under the age of 18 to 
                appear in juvenile court or before another juvenile 
                authority with respect to the offense, regardless of 
                whether a physical arrest occurred.
            (2) Clearance by exception.--The term ``clearance by 
        exception'', with respect to an offense reported to a law 
        enforcement agency, means the law enforcement agency--
                    (A) has identified not less than 1 person suspected 
                of the offense; and
                    (B) with respect to the suspect described in 
                subparagraph (A), has--
                            (i) gathered enough evidence to--
                                    (I) support an arrest of the 
                                suspect;
                                    (II) make a charge against the 
                                suspect; and
                                    (III) refer the suspect for 
                                prosecution;
                            (ii) identified the location of the suspect 
                        so that the suspect could be taken into custody 
                        immediately; and
                            (iii) encountered a circumstance outside 
                        the control of the law enforcement agency that 
                        prohibits the agency from arresting the 
                        suspect, charging the suspect, or referring the 
                        suspect for prosecution, including--
                                    (I) the death of the suspect;
                                    (II) the refusal of the victim to 
                                cooperate with the prosecution after 
                                the suspect has been identified; or
                                    (III) the denial of extradition 
                                because the suspect committed an 
                                offense in another jurisdiction and is 
                                being prosecuted for that offense.
            (3) Clearance rate.--The term ``clearance rate'', with 
        respect to a law enforcement agency, means the quotient 
        obtained by dividing--
                    (A) the number of offenses cleared by the law 
                enforcement agency, including through clearance by 
                arrest and clearance by exception; by
                    (B) the total number of offenses reported to the 
                law enforcement agency.
            (4) Eligible entity.--The term ``eligible entity'' means a 
        State, Tribal, or local law enforcement agency or prosecuting 
        office, or a group of such law enforcement agencies or 
        prosecuting offices.
            (5) Grant recipient.--The term ``grant recipient'' means a 
        recipient of a grant under the Program.
            (6) Law enforcement agency.--The term ``law enforcement 
        agency'' means a public agency charged with policing functions, 
        including any component bureau of the agency (such as a 
        governmental victim services program or village public safety 
        officer program), including an agency composed of officers or 
        persons referred to in subparagraph (B) or (C) of section 2(10) 
        of the Indian Law Enforcement Reform Act (25 U.S.C. 2801(10)).
            (7) Program.--The term ``Program'' means the grant program 
        established under subsection (b)(1).
    (b) Grant Program.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Attorney General shall establish a 
        grant program within the Office of Community Oriented Policing 
        Services under which the Attorney General awards grants to 
        eligible entities to establish, implement, and administer 
        violent incident clearance and technological investigative 
        methods.
            (2) Applications.--An eligible entity seeking a grant under 
        the Program shall submit to the Attorney General an application 
        at such time, in such manner, and containing or accompanied 
        by--
                    (A) such information as the Attorney General may 
                reasonably require; and
                    (B) a description of each eligible project under 
                paragraph (4) that the grant will fund.
            (3) Selection of grant recipients.--The Attorney General, 
        in selecting a recipient of a grant under the Program, shall--
                    (A) consider the specific plan and activities 
                proposed by the applicant to improve clearance rates 
                for homicides and firearm-related violent crimes; and
                    (B) prioritize the award of grants to eligible 
                entities that--
                            (i) contribute use of force data to the 
                        National Use-of-Force Data Collection of the 
                        Federal Bureau of Investigation; or
                            (ii) contribute use of force data to or 
                        publish use of force data on a publicly 
                        accessible website, including a database 
                        maintained by a State, county, municipal, or 
                        Tribal agency.
            (4) Eligible projects.--A grant recipient shall use the 
        grant for activities with the specific objective of improving 
        clearance rates for homicides and firearm-related violent 
        crimes, including--
                    (A) ensuring the retention of personnel who are 
                assigned to investigate homicides and firearm-related 
                violent crimes as of the date of receipt of the grant;
                    (B) hiring and training additional personnel who 
                will be assigned to investigate homicides and firearm-
                related violent crimes;
                    (C) developing policies, procedures, and training 
                to improve clearance rates for homicides and firearm-
                related violent crimes, including implementing best 
                practices relating to--
                            (i) improving internal agency cooperation, 
                        organizational oversight and accountability, 
                        and supervision of investigations;
                            (ii) developing specific goals and 
                        performance metrics for both investigators and 
                        investigative units;
                            (iii) establishing or improving 
                        relationships with the communities the agency 
                        serves; and
                            (iv) collaboration with and among other law 
                        enforcement agencies and criminal justice 
                        organizations;
                    (D) training to address the needs of victims and 
                family members of victims of homicides and firearm-
                related violent crimes or collaborating with trained 
                victim advocates and specialists to better meet the 
                needs of victims and family members of victims;
                    (E) acquiring, upgrading, or replacing 
                investigative, evidence-processing, or forensic testing 
                technology or equipment;
                    (F) development and implementation of policies that 
                safeguard civil rights and civil liberties during the 
                collection, processing, and forensic testing of 
                evidence;
                    (G) hiring or training personnel for collection, 
                processing, and forensic testing of evidence;
                    (H) hiring and training of personnel to analyze 
                violent crime and the temporal and geographic trends 
                among homicides and firearm-related violent crimes;
                    (I) retaining experts to conduct a detailed 
                analysis of homicides and firearm-related violent 
                crimes using Gun Violence Problem Analysis (commonly 
                known as ``GVPA'') or a similar research methodology;
                    (J) ensuring victims have appropriate access to 
                emergency food, housing, clothing, travel, and 
                transportation;
                    (K) developing competitive and evidence-based 
                programs to improve clearance rates for homicides and 
                firearm-related violent crimes;
                    (L) developing best practices for improving access 
                to and acceptance of victim services, including victim 
                services that promote medical and psychological 
                wellness, ongoing counseling, legal advice, and 
                financial compensation;
                    (M) training investigators and personnel in trauma-
                informed interview techniques;
                    (N) establishing programs to support officers who 
                experience stress or trauma as a result of responding 
                to or investigating homicides or other violent crime 
                incidents; or
                    (O) ensuring language and disability access 
                supports are provided to victims and their families so 
                that victims can exercise their rights and participate 
                in the criminal justice process.
    (c) Supplement, Not Supplant.--Grant funds made available under 
this section shall be used to supplement, not supplant, Federal and 
non-Federal funds available for carrying out the activities described 
in this section.
    (d) Hiring.--A grant recipient using funds for hiring personnel 
under subsection (b)(4)(B) shall make a good faith effort to determine 
whether an applicant with prior law enforcement experience has a 
disciplinary record or internal investigation record by--
            (1) conducting a search of the National Decertification 
        Index and, if available, the National Law Enforcement 
        Accountability Database; or
            (2) requesting the personnel record of the applicant from 
        each law enforcement agency that employed the applicant.
    (e) Report by Grant Recipient.--Not later than 1 year after 
receiving a grant under the Program, and each year thereafter until a 
final report is submitted regarding fiscal year 2029, a grant recipient 
shall submit to the Attorney General a report on the activities carried 
out using the grant during the preceding fiscal year, including, if 
applicable--
            (1) the number of personnel assigned to investigate 
        homicides and firearm-related violent crimes hired by the grant 
        recipient;
            (2) the number of personnel hired for collecting, 
        processing, and forensic testing of evidence by the grant 
        recipient;
            (3) a description of any training that is--
                    (A) provided to existing (as of the date on which 
                the grant was awarded) or newly hired personnel 
                assigned to investigate homicides and firearm-related 
                violent crimes; and
                    (B) designed to assist in the solving of crimes and 
                improve clearance rates;
            (4) any new investigative, evidence-processing, or forensic 
        technology or equipment purchased or any upgrades made to 
        existing (as of the date on which the grant was awarded) 
        investigative, evidence-processing, or forensic technology or 
        equipment, and the associated cost;
            (5) an assessment of investigative, evidence-processing, or 
        forensic technology or equipment purchased with the grant to 
        determine whether the technology or equipment satisfies the 
        objectives of the use of the technology or equipment in 
        increasing clearance rates, and any policies in place to govern 
        the use of the technology or equipment;
            (6) the internal policies and oversight used to ensure that 
        any technology purchased through the grant for the purposes of 
        improving clearance rates does not violate the civil rights and 
        civil liberties of individuals;
            (7) a description of the good faith efforts employed to 
        comply with subsection (d);
            (8) data regarding clearance rates for homicides and 
        firearm-related violent crimes, including the rate of 
        clearances by arrest and clearances by exception, and crime 
        trends from within each jurisdiction in which the grant 
        recipient carried out activities supported by the grant;
            (9) whether the grant recipient has provided grant funds to 
        any victim services organizations, and if so, which 
        organizations;
            (10) the demographic information for victims of homicides 
        and firearm-related violent crimes, and the length and outcomes 
        of each investigation, including whether the investigation was 
        cleared by arrest or exception;
            (11) the demographic information for each victim or family 
        member of a victim who received victim-related services 
        provided by the grant recipient; and
            (12) to the extent reasonably available, identification of 
        the services most used by victims and their families and 
        identification of additional services needed.
    (f) Clearance Rate Reporting.--If 2 or more law enforcement 
agencies collaborate on a criminal investigation that results in a 
clearance, only the agency that initiated the investigation shall 
include that clearance in the report submitted under subsection (e).
    (g) Grant Oversight.--All grants awarded by the Attorney General 
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 grant recipient 
                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.--
                            (i) In general.--Not later than the first 
                        fiscal year after the date of establishment of 
                        the Program, and in each fiscal year 
                        thereafter, the Inspector General of the 
                        Department of Justice shall conduct audits of 
                        grant recipients under this section to prevent 
                        waste, fraud, and abuse of funds by grant 
                        recipients.
                            (ii) Selection of grant recipients for 
                        audit.--The Inspector General of the Department 
                        of Justice shall determine the appropriate 
                        number of grant recipients to be audited each 
                        year.
                    (C) Mandatory exclusion.--A grant recipient that is 
                found to have an unresolved audit finding shall not be 
                eligible to receive grant funds under this section 
                during the fiscal year following the 12-month period 
                after the final audit report has been issued.
            (2) Annual certification.--Not later than the end of the 
        fiscal year during which audits commence under paragraph 
        (1)(B)(i), and each fiscal year thereafter, 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 a certification, including--
                    (A) whether--
                            (i) all audits conducted 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; and
                            (ii) all mandatory exclusions required 
                        under paragraph (1)(C) have been issued; and
                    (B) a list of any grant recipients excluded from 
                receiving grant funds under paragraph (1)(C) from the 
                previous fiscal year.
    (h) National Institute of Justice Evaluation and Report to 
Congress.--
            (1) Evaluation.--Not later than 2 years after the date of 
        enactment of this Act, and every 2 years thereafter, the 
        Director of the National Institute of Justice shall conduct an 
        evaluation of--
                    (A) the practices deployed by grant recipients to 
                identify policies and procedures that have successfully 
                improved clearance rates for homicides and firearm-
                related violent crimes; and
                    (B) the efficacy of any services provided to 
                victims and family members of victims of homicides and 
                firearm-related violent crimes.
            (2) Report to congress.--Not later than 30 days after 
        completion of an evaluation by the National Institute of 
        Justice under paragraph (1), the Attorney General shall submit 
        to Congress a report including--
                    (A) the results of the evaluation; and
                    (B) information reported by each grant recipient 
                under subsection (e).
    (i) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section $60,000,000 for each of fiscal years 
        2024 through 2029.
            (2) Percent for certain eligible entities.--The Attorney 
        General shall use 5 percent of the amount made available under 
        paragraph (1) for a fiscal year to award grants under the 
        Program to Tribal law enforcement agencies or Tribal 
        prosecuting offices, or groups of such agencies or offices.
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