II 

Calendar No. 421 

117TH CONGRESS 

2D SESSION S. 3860 

To establish a grant program to provide assistance to local governments 

with fewer than 200 law enforcement officers, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 17, 2022 

Ms. CORTEZ MASTO (for herself, Mr. GRASSLEY, Mr. WARNOCK, Mr. CASSIDY, Ms. COLLINS, Mr. TESTER, Mr. TILLIS, Mr. COONS, Mr. YOUNG, 

Ms. KLOBUCHAR, Mrs. FEINSTEIN, Mr. CRUZ, Mr. DURBIN, Mrs. 

BLACKBURN, Mr. BLUMENTHAL, Mr. LEAHY, and Mr. OSSOFF) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

JUNE 14, 2022 

Reported by Mr. DURBIN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To establish a grant program to provide assistance to local 

governments with fewer than 200 law enforcement officers, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Invest to Protect Act 

3 of 2022’’. 

4 SEC. 2. GRANT PROGRAM. 

5 (a) DEFINITIONS.—In this Act: 

6 (1) DE-ESCALATION TRAINING.—The term ‘‘de7 escalation training’’ means a process or tactic used 

8 to prevent, reduce, or manage behaviors associated 

9 with conflict (including verbal or physical agitation, 

10 aggression, violence, or similar behaviors) during an 

11 interaction between not less than 2 individuals. 

12 (2) DIRECTOR.—The term ‘‘Director’’ means 

13 the Director of the Office. 

14 (3) ELIGIBLE LOCAL GOVERNMENT.—The term 

15 ‘‘eligible local government’’ means— 

16 (A) a county, municipality, town, township, 

17 village, parish, borough, or other unit of general 

18 government below the State level that employs 

19 fewer than 200 law enforcement officers; and 

20 (B) a Tribal government that employs 

21 fewer than 200 law enforcement officers. 

22 (4) LAW ENFORCEMENT OFFICER.—The term 

23 ‘‘law enforcement officer’’ has the meaning given the 

24 term in section 2503 of the Omnibus Crime Control 

25 and Safe Streets Act of 1968 (34 U.S.C. 10533). 


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1 (5) OFFICE.—The term ‘‘Office’’ means the Of2 fice of Community Oriented Policing Services of the 

3 Department of Justice. 

4 (b) ESTABLISHMENT.—There is established within 

5 the Office a grant program to— 

6 (1) provide training, body cameras, and access 

7 to mental health resources to local law enforcement 

8 officers; and 

9 (2) improve the recruitment and retention of 

10 local law enforcement officers. 

11 (c) AUTHORITY.—Not later than 60 days after the 

12 date of enactment of this Act, the Director shall award 

13 grants to eligible local governments as a part of the grant 

14 program established under subsection (b). 

15 (d) APPLICATIONS.— 

16 (1) BARRIERS.—The Attorney General shall de17 termine what barriers exist to establishing a stream18 lined application process for grants under this sec19 tion. 

20 (2) REPORT.—Not later than 30 days after the 

21 date of enactment of this Act, the Attorney General 

22 shall submit to Congress a report that includes a 

23 plan to execute a streamlined application process for 

24 grants under this section under which an eligible 

25 local government seeking a grant under this section 


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1 can complete the application in not more than 30 

2 minutes. 

3 (3) APPLICATIONS.—In selecting eligible local 

4 governments to receive grants under this section, the 

5 Director shall use the streamlined application proc6 ess described in paragraph (2). 

7 (e) ELIGIBLE ACTIVITIES.—An eligible local govern8 ment that receives a grant under this section may use 

9 amounts from the grant only for— 

10 (1) de-escalation training for law enforcement 

11 officers; 

12 (2) training for law enforcement officers in han13 dling situations of domestic violence; 

14 (3) law enforcement officer safety training; 

15 (4) the offsetting of overtime costs associated 

16 with scheduling issues when a law enforcement offi17 cer participates in the training described in para18 graphs (1) through (3); 

19 (5) the purchasing, storage, operation, and se20 curing of body cameras in accordance with guide21 lines established by the eligible local government or 

22 the Attorney General under subsection (f)(2) until 

23 the eligible local government establishes such guide24 lines; 


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1 (6) a signing bonus for a law enforcement offi2 cer in an amount determined by the eligible local 

3 government; 

4 (7) a retention bonus for a law enforcement of5 ficer in an amount determined by the eligible local 

6 government; 

7 (8) a stipend for the graduate education of law 

8 enforcement officers in the area of mental health, 

9 public health, or social work, which shall not exceed 

10 the lesser of— 

11 (A) $10,000; or 

12 (B) the amount the law enforcement offi13 cer pays towards such graduate education; and 

14 (9) providing access to patient-centered behav15 ioral health services for law enforcement officers, 

16 which may include resources for risk assessments, 

17 evidence-based, trauma-informed care to treat post18 traumatic stress disorder or acute stress disorder, 

19 peer support and counselor services and family sup20 ports, and the promotion of improved access to high 

21 quality mental health care through telehealth. 

22 (f) BODY CAMERA GUIDELINES.— 

23 (1) IN GENERAL.—An eligible local government 

24 that uses funds from a grant under this section for 

25 the purpose described in subsection (e)(5) shall— 


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1 (A) follow guidelines established by the eli2 gible local government or the State in which the 

3 eligible local government is located relating to 

4 the purchasing, storage, operation, and securing 

5 of body cameras based on existing industry best 

6 practices; or 

7 (B) if the guidelines described in subpara8 graph (A) do not yet exist, follow the guidelines 

9 established under paragraph (2). 

10 (2) FEDERAL GUIDELINES.—Not later than 60 

11 days after the date of enactment of this Act, the At12 torney General shall establish guidelines relating to 

13 the purchasing, storage, operation, and securing of 

14 body cameras that are based on existing industry 

15 best practices. 

16 (g) DISCLOSURE OF OFFICER RECRUITMENT AND

17 RETENTION BONUSES.—Not later than 60 days after the 

18 date on which an eligible local government that receives 

19 a grant under this section awards a signing or retention 

20 bonus described in paragraph (6) or (7) of subsection (e), 

21 the eligible local government shall disclose to the Director 

22 and make publicly available on a website of the eligible 

23 local government the amount of such bonus. 


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1 (h) GRANT ACCOUNTABILITY.—All grants awarded 

2 by the Director under this section shall be subject to the 

3 following accountability provisions: 

4 (1) AUDIT REQUIREMENT.— 

5 (A) DEFINITION.—In this paragraph, the 

6 term ‘‘unresolved audit finding’’ means a find7 ing in the final audit report of the Inspector 

8 General of the Department of Justice that the 

9 audited grantee has used grant funds for an 

10 unauthorized expenditure or otherwise unallow11 able cost that is not closed or resolved within 

12 12 months from the date when the final audit 

13 report is issued. 

14 (B) AUDITS.—Beginning in the first fiscal 

15 year beginning after the date of enactment of 

16 this subsection, and in each fiscal year there17 after, the Inspector General of the Department 

18 of Justice shall conduct audits of recipients of 

19 grants under this section to prevent waste, 

20 fraud, and abuse of funds by grantees. The In21 spector General of the Department of Justice 

22 shall determine the appropriate number of 

23 grantees to be audited each year. 

24 (C) MANDATORY EXCLUSION.—A recipient 

25 of grant funds under this section that is found 


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1 to have an unresolved audit finding shall not be 

2 eligible to receive grant funds under this section 

3 during the first 2 fiscal years beginning after 

4 the end of the 12-month period described in 

5 subparagraph (A). 

6 (D) PRIORITY.—In awarding grants under 

7 this section, the Director shall give priority to 

8 eligible local governments that did not have an 

9 unresolved audit finding during the 3 fiscal 

10 years before submitting an application for a 

11 grant under this section. 

12 (E) REIMBURSEMENT.—If an eligible local 

13 government is awarded grant funds under this 

14 section during the 2-fiscal-year period during 

15 which the eligible local government is barred 

16 from receiving grants under subparagraph (C), 

17 the Attorney General shall— 

18 (i) deposit an amount equal to the 

19 amount of the grant funds that were im20 properly awarded to the grantee into the 

21 General Fund of the Treasury; and 

22 (ii) seek to recoup the costs of the re23 payment to the fund from the grant recipi24 ent that was erroneously awarded grant 

25 funds. 


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1 (2) ANNUAL CERTIFICATION.—Beginning in the 

2 fiscal year during which audits commence under 

3 paragraph (1)(B), the Attorney General shall submit 

4 to the Committee on the Judiciary and the Com5 mittee on Appropriations of the Senate and the 

6 Committee on the Judiciary and the Committee on 

7 Appropriations of the House of Representatives an 

8 annual certification— 

9 (A) indicating whether— 

10 (i) all audits issued by the Office of 

11 the Inspector General of the Department 

12 of Justice under paragraph (1) have been 

13 completed and reviewed by the appropriate 

14 Assistant Attorney General or Director; 

15 (ii) all mandatory exclusions required 

16 under paragraph (1)(C) have been issued; 

17 and 

18 (iii) all reimbursements required 

19 under paragraph (1)(E) have been made; 

20 and 

21 (B) that includes a list of any grant recipi22 ents excluded under paragraph (1) from the 

23 previous year. 

24 (i) PREVENTING DUPLICATIVE GRANTS.— 


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1 (1) IN GENERAL.—Before the Director awards 

2 a grant to an eligible local government under this 

3 section, the Attorney General shall compare poten4 tial grant awards with other grants awarded by the 

5 Attorney General to determine if grant awards are 

6 or have been awarded for a similar purpose. 

7 (2) REPORT.—If the Attorney General awards 

8 grants to the same applicant for a similar purpose 

9 the Attorney General shall submit to the Committee 

10 on the Judiciary of the Senate and the Committee 

11 on the Judiciary of the House of Representatives a 

12 report that includes— 

13 (A) a list of all such grants awarded, in14 cluding the total dollar amount of any such 

15 grants awarded; and 

16 (B) the reason the Attorney General 

17 awarded multiple grants to the same applicant 

18 for a similar purpose. 

19 (j) FUNDING.—In carrying out this section, the Di20 rector— 

21 (1) shall use amounts otherwise made available 

22 to the Office; and 

23 (2) may use not more than $50,000,000 of such 

24 amounts for each of fiscal years 2023 through 2027. 


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•S 3860 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Invest to Protect Act 

3 of 2022’’. 

4 SEC. 2. GRANT PROGRAM. 

5 (a) DEFINITIONS.—In this Act: 

6 (1) DE-ESCALATION TRAINING.—The term ‘‘de-es7 calation training’’ means training relating to taking 

8 action or communicating verbally or non-verbally 

9 during a potential force encounter in an attempt to 

10 stabilize the situation and reduce the immediacy of 

11 the threat so that more time, options, and resources 

12 can be called upon to resolve the situation without the 

13 use of force or with a reduction in the force necessary. 

14 (2) DIRECTOR.—The term ‘‘Director’’ means the 

15 Director of the Office. 

16 (3) ELIGIBLE LOCAL GOVERNMENT.—The term 

17 ‘‘eligible local government’’ means— 

18 (A) a county, municipality, town, township, 

19 village, parish, borough, or other unit of general 

20 government below the State level that employs 

21 fewer than 200 law enforcement officers; and 

22 (B) a Tribal government that employs fewer 

23 than 200 law enforcement officers. 

24 (4) LAW ENFORCEMENT OFFICER.—The term 

25 ‘‘law enforcement officer’’ has the meaning given the 

26 term ‘‘career law enforcement officer’’ in section 1709 


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1 of title I the Omnibus Crime Control and Safe Streets 

2 Act of 1968 (34 U.S.C. 10389). 

3 (5) OFFICE.—The term ‘‘Office’’ means the Office 

4 of Community Oriented Policing Services of the De5 partment of Justice. 

6 (b) ESTABLISHMENT.—There is established within the 

7 Office a grant program to— 

8 (1) provide training, body cameras, and access 

9 to mental health resources to local law enforcement of10 ficers; and 

11 (2) improve the recruitment and retention of 

12 local law enforcement officers. 

13 (c) AUTHORITY.—Not later than 120 days after the 

14 date of enactment of this Act, the Director shall award 

15 grants to eligible local governments as a part of the grant 

16 program established under subsection (b). 

17 (d) APPLICATIONS.— 

18 (1) BARRIERS.—The Attorney General shall de19 termine what barriers exist to establishing a stream20 lined application process for grants under this sec21 tion. 

22 (2) REPORT.— 

23 (A) IN GENERAL.—Not later than 30 days 

24 after the date of enactment of this Act, the Attor25 ney General shall submit to Congress a report 


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1 that includes a plan to execute a streamlined ap2 plication process for grants under this section 

3 under which an eligible local government seeking 

4 a grant under this section can reasonably com5 plete the application in not more than 2 hours. 

6 (B) CONTENTS OF PLAN.—The plan re7 quired under subparagraph (A) may include a 

8 plan for— 

9 (i) proactively providing eligible local 

10 governments seeking a grant under this sec11 tion with information on the data such eli12 gible local governments will need to prepare 

13 before beginning the grant application; and 

14 (ii) ensuring technical assistance is 

15 available for eligible local governments seek16 ing a grant under this section before and 

17 during the grant application process, in18 cluding through dedicated liaisons within 

19 the Office. 

20 (3) APPLICATIONS.—In selecting eligible local 

21 governments to receive grants under this section, the 

22 Director shall use the streamlined application process 

23 described in paragraph (2)(A). 


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1 (e) ELIGIBLE ACTIVITIES.—An eligible local govern2 ment that receives a grant under this section may use 

3 amounts from the grant only for— 

4 (1) de-escalation training for law enforcement of5 ficers; 

6 (2) victim-centered training for law enforcement 

7 officers in handling situations of domestic violence; 

8 (3) law enforcement officer safety training; 

9 (4) the offsetting of overtime costs associated 

10 with scheduling issues when a law enforcement officer 

11 participates in the training described in paragraphs 

12 (1) through (3); 

13 (5) the purchasing, storage, operation, data col14 lection, and securing of body cameras in accordance 

15 with guidelines described in subsection (f)(1)(A) or, if 

16 such guidelines do not exist, established by the Attor17 ney General under subsection (f)(2); 

18 (6) a signing bonus for a law enforcement officer 

19 in an amount determined by the eligible local govern20 ment; 

21 (7) a retention bonus for a law enforcement offi22 cer— 

23 (A) in an amount determined by the eligible 

24 local government that does not exceed 20 percent 

25 of the salary of the law enforcement officer; and 


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1 (B) who— 

2 (i) has been employed at a law enforce3 ment agency for not fewer than 5 years; and 

4 (ii) has not been found by an internal 

5 investigation to have engaged in serious 

6 misconduct; 

7 (8) a stipend for the graduate education of law 

8 enforcement officers in the area of mental health, pub9 lic health, or social work, which shall not exceed the 

10 lesser of— 

11 (A) $10,000; or 

12 (B) the amount the law enforcement officer 

13 pays towards such graduate education; and 

14 (9) providing access to patient-centered behav15 ioral health services for law enforcement officers, 

16 which may include resources for risk assessments, evi17 dence-based, trauma-informed care to treat post-trau18 matic stress disorder or acute stress disorder, peer 

19 support and counselor services and family supports, 

20 and the promotion of improved access to high quality 

21 mental health care through telehealth. 

22 (f) BODY CAMERA GUIDELINES.— 

23 (1) IN GENERAL.—An eligible local government 

24 that uses funds from a grant under this section for the 

25 purpose described in subsection (e)(5) shall— 


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1 (A) follow guidelines established by the eli2 gible local government or the State in which the 

3 eligible local government is located relating to 

4 the purchasing, storage, operation, data collec5 tion, and securing of body cameras based on ex6 isting industry best practices; or 

7 (B) if the guidelines described in subpara8 graph (A) do not yet exist or are not based on 

9 existing industry best practices, follow the guide10 lines established under paragraph (2). 

11 (2) FEDERAL GUIDELINES.—Not later than 60 

12 days after the date of enactment of this Act, the Attor13 ney General shall establish guidelines for small law 

14 enforcement agencies relating to the purchasing, stor15 age, operation, data collection, and securing of body 

16 cameras that are based on existing industry best 

17 practices. 

18 (g) DISCLOSURE OF OFFICER RECRUITMENT AND RE19 TENTION BONUSES.— 

20 (1) IN GENERAL.—Not later than 60 days after 

21 the date on which an eligible local government that 

22 receives a grant under this section awards a signing 

23 or retention bonus described in paragraph (6) or (7) 

24 of subsection (e), the eligible local government shall 

25 disclose to the Director and make publicly available 


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1 on a website of the eligible local government the 

2 amount of such bonus. 

3 (2) REPORT.—The Director shall submit to the 

4 appropriate congressional committees an annual re5 port that includes each signing or retention bonus 

6 disclosed under paragraph (1) during the preceding 

7 year. 

8 (h) GRANT ACCOUNTABILITY.—All grants awarded by 

9 the Director under this section shall be subject to the fol10 lowing accountability provisions: 

11 (1) AUDIT REQUIREMENT.— 

12 (A) DEFINITION.—In this paragraph, the 

13 term ‘‘unresolved audit finding’’ means a find14 ing in the final audit report of the Inspector 

15 General of the Department of Justice that the 

16 audited grantee has used grant funds for an un17 authorized expenditure or otherwise unallowable 

18 cost that is not closed or resolved within 12 

19 months from the date when the final audit report 

20 is issued. 

21 (B) AUDITS.—Beginning in the first fiscal 

22 year beginning after the date of enactment of 

23 this subsection, and in each fiscal year there24 after, the Inspector General of the Department of 

25 Justice shall conduct audits of recipients of 


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1 grants under this section to prevent waste, fraud, 

2 and abuse of funds by grantees. The Inspector 

3 General of the Department of Justice shall deter4 mine the appropriate number of grantees to be 

5 audited each year. 

6 (C) MANDATORY EXCLUSION.—A recipient 

7 of grant funds under this section that is found 

8 to have an unresolved audit finding shall not be 

9 eligible to receive grant funds under this section 

10 during the first 2 fiscal years beginning after the 

11 end of the 12-month period described in subpara12 graph (A). 

13 (D) PRIORITY.—In awarding grants under 

14 this section, the Director shall give priority to el15 igible local governments that did not have an un16 resolved audit finding during the 3 fiscal years 

17 before submitting an application for a grant 

18 under this section. 

19 (E) REIMBURSEMENT.—If an eligible local 

20 government is awarded grant funds under this 

21 section during the 2-fiscal-year period during 

22 which the eligible local government is barred 

23 from receiving grants under subparagraph (C), 

24 the Attorney General shall— 


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1 (i) deposit an amount equal to the 

2 amount of the grant funds that were im3 properly awarded to the grantee into the 

4 General Fund of the Treasury; and 

5 (ii) seek to recoup the costs of the re6 payment to the fund from the grant recipi7 ent that was erroneously awarded grant 

8 funds. 

9 (2) ANNUAL CERTIFICATION.—Beginning in the 

10 fiscal year during which audits commence under 

11 paragraph (1)(B), the Attorney General shall submit 

12 to the Committee on the Judiciary and the Committee 

13 on Appropriations of the Senate and the Committee 

14 on the Judiciary and the Committee on Appropria15 tions of the House of Representatives an annual cer16 tification— 

17 (A) indicating whether— 

18 (i) all audits issued by the Office of the 

19 Inspector General of the Department of Jus20 tice under paragraph (1) have been com21 pleted and reviewed by the appropriate As22 sistant Attorney General or Director; 

23 (ii) all mandatory exclusions required 

24 under paragraph (1)(C) have been issued; 

25 and 


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1 (iii) all reimbursements required under 

2 paragraph (1)(E) have been made; and 

3 (B) that includes a list of any grant recipi4 ents excluded under paragraph (1) from the pre5 vious year. 

6 (i) PREVENTING DUPLICATIVE GRANTS.— 

7 (1) IN GENERAL.—Before the Director awards a 

8 grant to an eligible local government under this sec9 tion, the Attorney General shall compare potential 

10 grant awards with other grants awarded by the Attor11 ney General to determine if grant awards are or have 

12 been awarded for a similar purpose. 

13 (2) REPORT.—If the Attorney General awards 

14 grants to the same applicant for a similar purpose, 

15 the Attorney General shall submit to the Committee 

16 on the Judiciary of the Senate and the Committee on 

17 the Judiciary of the House of Representatives a report 

18 that includes— 

19 (A) a list of all such grants awarded, in20 cluding the total dollar amount of any such 

21 grants awarded; and 

22 (B) the reason the Attorney General award23 ed multiple grants to the same applicant for a 

24 similar purpose. 


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1 (j) FUNDING.—In carrying out this section, the Direc2 tor— 

3 (1) shall use amounts otherwise made available 

4 to the Office; and 

5 (2) may use not more than $50,000,000 of such 

6 amounts for each of fiscal years 2023 through 2027. 


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Calendar No. 421 

117TH CONGRESS 

2D SESSION S. 3860 

A BILL 

To establish a grant program to provide assistance 

forcement officers, and for other purposes. to local governments with fewer than 200 law enJUNE 14, 2022 

Reported with an amendment 


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