[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2871-S2872]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 766. Mr. BROWN (for himself and Mr. Cotton) submitted an amendment
intended to be proposed by him to the bill S. 2226, to authorize
appropriations for fiscal year 2024 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--POWER Act
SEC. 1091. SHORT TITLE.
This subtitle may be cited as the ``Providing Officers With
Electronic Resources Act'' or the ``POWER Act''.
SEC. 1092. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) chemical screening devices enhance the ability of law
enforcement agencies to identify unknown chemical substances
seized or otherwise encountered by law enforcement officers;
and
(2) equipping law enforcement agencies with technology that
can more efficiently identify substances, such as heroin,
fentanyl, methamphetamine, and other narcotics, will ensure
that law enforcement agencies can--
(A) investigate cases more quickly and safely;
(B) better deploy resources and strategies to prevent
illegal substances from entering and harming communities
throughout the United States; and
(C) share spectral data with other law enforcement agencies
and State and local fusion centers.
(b) Purpose.--The purpose of this subtitle is to provide
grants to State, local, territorial, and Tribal law
enforcement agencies to purchase chemical screening devices
and train personnel to use chemical screening devices in
order to--
(1) enhance law enforcement efficiency; and
(2) protect law enforcement officers.
SEC. 1093. DEFINITIONS.
In this subtitle:
(1) Applicant.--The term ``applicant'' means a law
enforcement agency that applies for a grant under section
1094.
(2) Attorney general.--The term ``Attorney General'' means
the Attorney General, acting through the Director of the
Office of Community Oriented Policing Services.
(3) Chemical screening device.--The term ``chemical
screening device'' means an infrared spectrophotometer, mass
spectrometer, nuclear magnetic resonance spectrometer, Raman
spectrophotometer, ion mobility spectrometer, or any other
scientific instrumentation that is able to collect data that
can be interpreted to determine the presence and identity of
a covered substance.
(4) Chief law enforcement officer.--The term ``chief law
enforcement officer'' has the meaning given the term in
section 922(s) of title 18, United States Code.
(5) Covered substance.--The term ``covered substance''
means--
(A) fentanyl;
(B) any other synthetic opioid; and
(C) any other narcotic or psychoactive substance.
(6) Grant funds.--The term ``grant funds'' means funds from
a grant awarded under section 1094.
(7) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(8) Law enforcement agency.--The term ``law enforcement
agency'' means an agency of a State, unit of local
government, or Indian Tribe that is authorized by law or by a
government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
criminal law.
(9) Personnel.--The term ``personnel''--
(A) means employees of a law enforcement agency; and
(B) includes scientists and law enforcement officers.
(10) Recipient.--The term ``recipient'' means an applicant
that receives a grant under section 1094.
(11) State.--The term ``State'' has the meaning given the
term in section 901 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10251).
SEC. 1094. GRANTS.
(a) Grants Authorized.--The Attorney General may award
grants to applicants to--
(1) purchase a chemical screening device; and
(2) train personnel to use, and interpret data collected
by, a chemical screening device.
(b) Applications.--
(1) In general.--The chief law enforcement officer of an
applicant shall submit to the Attorney General an application
that--
(A) shall include--
(i) a statement describing the need for a chemical
screening device in the jurisdiction of the applicant; and
(ii) a certification--
(I) of the number of chemical screening devices the
applicant owns or possesses;
(II) that not less than 1 employee of the applicant will be
trained to--
(aa) use any chemical screening device purchased using
grant funds; and
(bb) interpret data collected by any chemical screening
device purchased using grant funds; and
(III) that the applicant will make any chemical screening
device purchased using grant funds reasonably available to
test a covered substance seized by a law enforcement agency
near the jurisdiction of the applicant; and
(B) in addition to the information required under
subparagraph (A), may, at the option of the applicant,
include--
(i) information relating to--
(I) the process used by the applicant to identify a covered
substance seized by the applicant, including--
(aa) the approximate average amount of time required for
the applicant to identify a covered substance; and
(bb) as of the date of the application, the number of cases
in which the applicant is awaiting identification of a
covered substance;
(II) any documented case of a law enforcement officer,
first responder, or treating medical personnel in the
jurisdiction of the applicant who has suffered an accidental
drug overdose caused by exposure to a covered substance while
in the line of duty;
(III) any chemical screening device the applicant will
purchase using grant funds, including the estimated cost of
the chemical screening device; and
(IV) any estimated costs relating to training personnel of
the applicant to use a chemical screening device purchased
using grant funds; and
(ii) data relating to--
(I) the approximate amount of covered substances seized by
the applicant during the 2-year period ending on the date of
the application, categorized by the type of covered substance
seized; and
(II) the approximate number of covered substance overdoses
in the jurisdiction of the applicant that the applicant
investigated or responded to during the 2-year period ending
on the date of the application, categorized by fatal and
nonfatal overdoses.
(2) Joint applications.--
(A) In general.--Two or more law enforcement agencies,
including law enforcement agencies located in different
States, that have jurisdiction over areas that are
geographically contiguous may submit a joint application for
a grant under this section that includes--
(i) for each law enforcement agency--
(I) all information required under paragraph (1)(A); and
(II) any optional information described in paragraph (1)(B)
that each law enforcement agency chooses to include;
(ii) a plan for the sharing of any chemical screening
devices purchased or training provided using grant funds; and
(iii) a certification that not less than 1 employee of each
law enforcement agency will be trained to--
(I) use any chemical screening device purchased using grant
funds; and
(II) interpret data collected by any chemical screening
device purchased using grant funds.
(B) Submission.--Law enforcement agencies submitting a
joint application under subparagraph (A) shall--
(i) be considered as 1 applicant; and
(ii) select the chief law enforcement officer of 1 of the
law enforcement agencies to submit the joint application.
(c) Restrictions.--
(1) Supplemental funds.--Grant funds shall be used to
supplement, and not supplant, State, local, and Tribal funds
made available to any applicant for any of the purposes
described in subsection (a).
(2) Administrative costs.--Not more than 3 percent of any
grant awarded under this section may be used for
administrative costs.
(d) Reports and Records.--
(1) Reports.--For each year during which grant funds are
used, the recipient shall submit to the Attorney General a
report containing--
(A) a summary of any activity carried out using grant
funds;
(B) an assessment of whether each activity described in
subparagraph (A) is meeting the need described in subsection
(b)(1)(A)(i) that the applicant identified in the application
submitted under subsection (b); and
(C) any other information relevant to the purpose of this
subtitle that the Attorney General may determine appropriate.
(2) Records.--For the purpose of an audit by the Attorney
General of the receipt and use of grant funds, a recipient
shall--
(A) keep--
(i) any record relating to the receipt and use of grant
funds; and
(ii) any other record as the Attorney General may require;
and
(B) make the records described in subparagraph (A)
available to the Attorney General upon request by the
Attorney General.
[[Page S2872]]
SEC. 1095. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attorney
General $20,000,000 for fiscal year 2023 to carry out section
1094.
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