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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7308 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7308
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 HOUSE OF REPRESENTATIVES
February 9, 2024
Mr. Bacon (for himself and Mr. Evans) introduced the following bill;
which was 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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