II 

115TH CONGRESS 

2D SESSION S. 2763 

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 SENATE OF THE UNITED STATES 

APRIL 26, 2018 

Mr. BROWN (for himself, Mr. MARKEY, Mr. RUBIO, Mr. PORTMAN, Mr. SCHUMER, and Mrs. CAPITO) introduced the following bill; which was read 

twice and 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Providing Officers 

5 With Electronic Resources Act’’ or the ‘‘POWER Act’’. 

6 SEC. 2. FINDINGS; PURPOSE. 

7 (a) FINDINGS.—Congress finds that— 


SSpencer on DSKBBXCHB2PROD with BILLS
2 

•S 2763 IS

1 (1) chemical screening devices enhance the abil2 ity of law enforcement agencies to identify unknown 

3 chemical substances seized or otherwise encountered 

4 by law enforcement officers; and 

5 (2) equipping law enforcement agencies with 

6 technology that can more efficiently identify sub7 stances, such as heroin, fentanyl, methamphetamine, 

8 and other narcotics, will ensure that law enforce9 ment agencies can— 

10 (A) investigate cases more quickly and 

11 safely; 

12 (B) better deploy resources and strategies 

13 to combat illegal substances from entering and 

14 harming communities throughout the United 

15 States; and 

16 (C) share spectral data with other law en17 forcement agencies and State and local fusion 

18 centers. 

19 (b) PURPOSE.—The purpose of this Act is to provide 

20 grants to State, local, and tribal law enforcement agencies 

21 to purchase chemical screening devices and train personnel 

22 to use chemical screening devices in order to— 

23 (1) enhance law enforcement efficiency; and 

24 (2) protect law enforcement officers. 


SSpencer on DSKBBXCHB2PROD with BILLS
3 

•S 2763 IS

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) APPLICANT.—The term ‘‘applicant’’ means 

4 a law enforcement agency that applies for a grant 

5 under section 4. 

6 (2) ATTORNEY GENERAL.—The term ‘‘Attorney 

7 General’’ means the Attorney General, acting 

8 through the Director of the Office of Community 

9 Oriented Policing Services. 

10 (3) CHEMICAL SCREENING DEVICE.—The term 

11 ‘‘chemical screening device’’ means an infrared spec12 trophotometer, mass spectrometer, nuclear magnetic 

13 resonance spectrometer, Raman spectrophotometer, 

14 ion mobility spectrometer, or any other scientific in15 strumentation that is able to collect data that can be 

16 interpreted to determine the presence and identity of 

17 a covered substance. 

18 (4) CHIEF LAW ENFORCEMENT OFFICER.—The 

19 term ‘‘chief law enforcement officer’’ has the mean20 ing given the term in section 922(s) of title 18, 

21 United States Code. 

22 (5) COVERED SUBSTANCE.—The term ‘‘covered 

23 substance’’ means— 

24 (A) fentanyl; 

25 (B) any other synthetic opioid; and 


SSpencer on DSKBBXCHB2PROD with BILLS
4 

•S 2763 IS

1 (C) any other narcotic or psychoactive sub2 stance. 

3 (6) GRANT FUNDS.—The term ‘‘grant funds’’ 

4 means funds from a grant awarded under section 4. 

5 (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

6 has the meaning given the term in section 4 of the 

7 Indian Self-Determination and Education Assistance 

8 Act (25 U.S.C. 5304). 

9 (8) LAW ENFORCEMENT AGENCY.—The term 

10 ‘‘law enforcement agency’’ means an agency of a 

11 State, unit of local government, or Indian tribe that 

12 is authorized by law or by a government agency to 

13 engage in or supervise the prevention, detection, in14 vestigation, or prosecution of any violation of crimi15 nal law. 

16 (9) PERSONNEL.—The term ‘‘personnel’’— 

17 (A) means employees of a law enforcement 

18 agency; and 

19 (B) includes scientists and law enforce20 ment officers. 

21 (10) RECIPIENT.—The term ‘‘recipient’’ means 

22 an applicant that receives a grant under section 4. 

23 (11) STATE.—The term ‘‘State’’ has the mean24 ing given the term in section 901 of title I of the 


SSpencer on DSKBBXCHB2PROD with BILLS
5 

•S 2763 IS

1 Omnibus Crime Control and Safe Streets Act of 

2 1968 (34 U.S.C. 10251). 

3 SEC. 4. GRANTS. 

4 (a) GRANTS AUTHORIZED.—The Attorney General 

5 may award grants to applicants to— 

6 (1) purchase a chemical screening device; and 

7 (2) train personnel to use, and interpret data 

8 collected by, a chemical screening device. 

9 (b) APPLICATIONS.— 

10 (1) IN GENERAL.—The chief law enforcement 

11 officer of an applicant shall submit to the Attorney 

12 General an application that— 

13 (A) shall include— 

14 (i) a statement describing the need for 

15 a chemical screening device in the jurisdic16 tion of the applicant; and 

17 (ii) a certification— 

18 (I) of the number of chemical 

19 screening devices the applicant owns 

20 or possesses; 

21 (II) that not less than 1 em22 ployee of the applicant will be trained 

23 to— 


SSpencer on DSKBBXCHB2PROD with BILLS
6 

•S 2763 IS

1 (aa) use any chemical 

2 screening device purchased using 

3 grant funds; and 

4 (bb) interpret data collected 

5 by any chemical screening device 

6 purchased using grant funds; and 

7 (III) that the applicant will make 

8 any chemical screening device pur9 chased using grant funds reasonably 

10 available to test a covered substance 

11 seized by a law enforcement agency 

12 near the jurisdiction of the applicant; 

13 and 

14 (B) in addition to the information required 

15 under subparagraph (A), may, at the option of 

16 the applicant, include— 

17 (i) information relating to— 

18 (I) the process used by the appli19 cant to identify a covered substance 

20 seized by the applicant, including— 

21 (aa) the approximate aver22 age amount of time required for 

23 the applicant to identify a cov24 ered substance; and 


SSpencer on DSKBBXCHB2PROD with BILLS
7 

•S 2763 IS

1 (bb) as of the date of the 

2 application, the number of cases 

3 in which the applicant is awaiting 

4 identification of a covered sub5 stance; 

6 (II) any documented case of a 

7 law enforcement officer, first re8 sponder, or treating medical personnel 

9 in the jurisdiction of the applicant 

10 who has suffered an accidental drug 

11 overdose caused by exposure to a cov12 ered substance while in the line of 

13 duty; 

14 (III) any chemical screening de15 vice the applicant will purchase using 

16 grant funds, including the estimated 

17 cost of the chemical screening device; 

18 and 

19 (IV) any estimated costs relating 

20 to training personnel of the applicant 

21 to use a chemical screening device 

22 purchased using grant funds; and 

23 (ii) data relating to— 

24 (I) the approximate amount of 

25 covered substances seized by the apVerDate Sep 11 2014 00:30 May 08, 2018 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2763.IS S2763

SSpencer on DSKBBXCHB2PROD with BILLS
8 

•S 2763 IS

1 plicant during the 2-year period end2 ing on the date of the application, cat3 egorized by the type of covered sub4 stance seized; and 

5 (II) the approximate number of 

6 covered substance overdoses in the ju7 risdiction of the applicant that the ap8 plicant investigated or responded to 

9 during the 2-year period ending on 

10 the date of the application, catego11 rized by fatal and nonfatal overdoses. 

12 (2) JOINT APPLICATIONS.— 

13 (A) IN GENERAL.—Two or more law en14 forcement agencies, including law enforcement 

15 agencies located in different States, that have 

16 jurisdiction over areas that are geographically 

17 contiguous may submit a joint application for a 

18 grant under this section that includes— 

19 (i) for each law enforcement agency— 

20 (I) all information required under 

21 paragraph (1)(A); and 

22 (II) any optional information de23 scribed in paragraph (1)(B) that each 

24 law enforcement agency chooses to in25 clude; 


SSpencer on DSKBBXCHB2PROD with BILLS
9 

•S 2763 IS

1 (ii) a plan for the sharing of any 

2 chemical screening devices purchased or 

3 training provided using grant funds; and 

4 (iii) a certification that not less than 

5 1 employee of each law enforcement agency 

6 will be trained to— 

7 (I) use any chemical screening 

8 device purchased using grant funds; 

9 and 

10 (II) interpret data collected by 

11 any chemical screening device pur12 chased using grant funds. 

13 (B) SUBMISSION.—Law enforcement agen14 cies submitting a joint application under sub15 paragraph (A) shall— 

16 (i) be considered as 1 applicant; and 

17 (ii) select the chief law enforcement 

18 officer of one of the law enforcement agen19 cies to submit the joint application. 

20 (c) RESTRICTIONS.— 

21 (1) SUPPLEMENTAL FUNDS.—Grant funds shall 

22 be used to supplement, and not supplant, State, 

23 local, and tribal funds made available to any appli24 cant for any of the purposes described in subsection 

25 (a). 


SSpencer on DSKBBXCHB2PROD with BILLS
10 

•S 2763 IS

1 (2) ADMINISTRATIVE COSTS.—Not more than 3 

2 percent of any grant made under this section may 

3 be used for administrative costs. 

4 (d) REPORTS AND RECORDS.— 

5 (1) REPORTS.—For each year during which 

6 grant funds are used, the recipient shall submit to 

7 the Attorney General a report containing— 

8 (A) a summary of any activity carried out 

9 using grant funds; 

10 (B) an assessment of whether each activity 

11 described in subparagraph (A) is meeting the 

12 needs described in subsection (b)(1)(A)(i) that 

13 the applicant identified in the application sub14 mitted under subsection (b); and 

15 (C) any other information relevant to the 

16 purpose of this Act that the Attorney General 

17 may determine appropriate. 

18 (2) RECORDS.—For the purpose of an audit by 

19 the Attorney General of the receipt and use of grant 

20 funds, a recipient shall— 

21 (A) keep— 

22 (i) any record relating to the receipt 

23 and use of grant funds; and 

24 (ii) any other record as the Attorney 

25 General may require; and 


SSpencer on DSKBBXCHB2PROD with BILLS
11 

•S 2763 IS

1 (B) make the records described in subpara2 graph (A) available to the Attorney General 

3 upon request by the Attorney General. 

4 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

5 There are authorized to be appropriated to the Attor6 ney General $20,000,000 for fiscal year 2019 to carry out 

7 section 4. 

Æ 


SSpencer on DSKBBXCHB2PROD with BILLS