S. 1563 (Reported-in-Senate)

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to establish a grant program to help law enforcement agencies with civilian law enforcement tasks, and for other purposes.

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

SEC. 2. Grant program.

Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at the end the following:

“PART PP—Civil law enforcement task grants

“SEC. 3061. Definitions.

“In this part:

“(1) CIVILIAN LAW ENFORCEMENT TASK.—The term ‘civilian law enforcement task’ includes—

“(A) assisting in homicide investigations;

“(B) assisting in carjacking investigations;

“(C) assisting in financial crimes investigations;

“(D) reviewing camera footage;

“(E) crime scene analysis;

“(F) forensics analysis; and

“(G) providing expertise in computers, computer networks, information technology, or the internet.

“(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a State, local, Tribal, or territorial law enforcement agency.

“SEC. 3062. Grants authorized.

“The Attorney General may award grants to eligible entities for the purpose of hiring retired personnel from law enforcement agencies to—

“(1) train civilian employees of the eligible entity on civilian law enforcement tasks that can be performed on behalf of a law enforcement agency; and

“(2) perform civilian law enforcement tasks on behalf of the eligible entity.

“SEC. 3063. Accountability provisions.

“(a) In general.—A grant awarded under this part shall be subject to the accountability requirements of this section.

“(b) Audit requirement.—

“(1) DEFINITION.—In this subsection, the term ‘unresolved audit finding’ means a finding in a final audit report of the Inspector General of the Department of Justice that an 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.

“(2) AUDITS.—Beginning in the first fiscal year beginning after the date of enactment of the Retired Law Enforcement Officers Continuing Service Act, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this part 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.

“(3) MANDATORY EXCLUSION.—A recipient of grant funds under this part that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this part during the first 2 fiscal years beginning after the end of the 12-month period described in paragraph (1).

“(4) PRIORITY.—In awarding grants under this part, the Attorney General shall give priority to eligible entities that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this part.

“(c) Annual certification.—Beginning in the fiscal year during which audits commence under subsection (b)(2), 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—

“(1) indicating whether—

“(A) all audits issued by the Office of the Inspector General of the Department of Justice under subsection (b) have been completed and reviewed by the appropriate Assistant Attorney General or Director; and

“(B) all mandatory exclusions required under subsection (b)(3) have been issued; and

“(2) that includes a list of any grant recipients excluded under subsection (b)(3) from the previous year.

“(d) Preventing duplicative grants.—

“(1) IN GENERAL.—Before the Attorney General awards a grant to an eligible entity under this part, 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.”.

SECTION 1. Short title.

This Act may be cited as the “Retired Law Enforcement Officers Continuing Service Act”.

SEC. 2. Grant program.

Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at the end the following:

“PART PP—Civil law enforcement task grants

“SEC. 3061. Definitions.

“In this part:

“(1) CIVILIAN LAW ENFORCEMENT TASK.—The term ‘civilian law enforcement task’—

“(A) includes—

“(i) assisting in homicide investigations;

“(ii) assisting in carjacking investigations;

“(iii) assisting in financial crimes investigations;

“(iv) assisting in compliance with reporting requirements;

“(v) reviewing camera footage;

“(vi) crime scene analysis;

“(vii) forensics analysis; and

“(viii) providing expertise in computers, computer networks, information technology, or the internet; and

“(B) does not include the ability to make arrests or use force under the color of law.

“(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a State, local, Tribal, or territorial law enforcement agency that certifies that retired law enforcement personnel hired using amounts from a grant under this part—

“(A) have appropriate and reasonably current training and experience to effectively carry out the tasks described in section 3062(a); or

“(B) will participate in appropriate continuing education programs to satisfy subparagraph (A).

“SEC. 3062. Grants authorized.

“(a) In general.—The Attorney General may award grants to eligible entities for the purpose of hiring retired personnel from law enforcement agencies to—

“(1) train civilian employees of the eligible entity on civilian law enforcement tasks that can be performed on behalf of a law enforcement agency; and

“(2) perform civilian law enforcement tasks on behalf of the eligible entity.

“(b) Disciplinary records.—

“(1) IN GENERAL.—An eligible entity receiving a grant under subsection (a) shall make a good faith effort to determine whether a retired law enforcement officer seeking to be hired by the eligible entity using amounts from a grant under this part has a disciplinary record or an internal investigation record by—

“(A) conducting a search of the National Decertification Index; or

“(B) requesting the personnel record of the retired law enforcement officer from each law enforcement agency that employed the retired law enforcement officer.

“(2) HIRING DETERMINATIONS.—Before making any hiring determination, the highest ranking law enforcement officer of an eligible entity receiving a grant under subsection (a) or a designee of that law enforcement officer shall review any findings of misconduct that arise as a result of a search or request conducted pursuant to paragraph (1).

“SEC. 3063. Accountability provisions.

“(a) In general.—A grant awarded under this part shall be subject to the accountability requirements of this section.

“(b) Audit requirement.—

“(1) DEFINITION.—In this subsection, the term ‘unresolved audit finding’ means a finding in a final audit report of the Inspector General of the Department of Justice that an 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.

“(2) AUDITS.—Beginning in the first fiscal year beginning after the date of enactment of the Retired Law Enforcement Officers Continuing Service Act, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this part 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.

“(3) MANDATORY EXCLUSION.—A recipient of grant funds under this part that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this part during the first 2 fiscal years beginning after the end of the 12-month period described in paragraph (1).

“(4) PRIORITY.—In awarding grants under this part, the Attorney General shall give priority to eligible entities that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this part.

“(c) Annual certification.—Beginning in the fiscal year during which audits commence under subsection (b)(2), 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—

“(1) indicating whether—

“(A) all audits issued by the Office of the Inspector General of the Department of Justice under subsection (b) have been completed and reviewed by the appropriate Assistant Attorney General or Director; and

“(B) all mandatory exclusions required under subsection (b)(3) have been issued; and

“(2) that includes a list of any grant recipients excluded under subsection (b)(3) from the previous year.

“(d) Preventing duplicative grants.—

“(1) IN GENERAL.—Before the Attorney General awards a grant to an eligible entity under this part, 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.”.