[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.
                                 ______