Providing Officers With Electronic Resources Act or the POWER Act
This bill authorizes the Office of Community Oriented Policing Services within the Department of Justice to make grants to law enforcement agencies to purchase a chemical screening device and to train personnel to use, and interpret data collected by, such device.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5382 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5382
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 enhance law
enforcement efficiency and protect law enforcement officers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 27, 2021
Mr. Lamb (for himself and Mr. Joyce of Ohio) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
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 enhance law
enforcement efficiency and protect law enforcement officers.
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 ``Providing Officers With Electronic
Resources Act'' or the ``POWER Act''.
SEC. 2. 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 Act is to provide grants to
State, local, 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. 3. DEFINITIONS.
In this Act:
(1) Applicant.--The term ``applicant'' means a law
enforcement agency that applies for a grant under section 4.
(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 4.
(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 4.
(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. 4. 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 one 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 needs
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 Act 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.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attorney General
$20,000,000 for fiscal year 2022 to carry out section 4.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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