I 
115TH CONGRESS 
2D SESSION 
H. R. 5871 
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 
MAY 17, 2018 
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 de-
vices and train personnel to use chemical screening de-
vices in order to enhance law enforcement efficiency and 
protect law enforcement officers. 
Be it enacted by the Senate and House of Representa-
tives 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— 
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(1) chemical screening devices enhance the abil-
ity 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 sub-
stances, such as heroin, fentanyl, methamphetamine, 
and other narcotics, will ensure that law enforce-
ment agencies can— 
(A) investigate cases more quickly and 
safely; 
(B) better deploy resources and strategies 
to combat illegal substances from entering and 
harming communities throughout the United 
States; and 
(C) share spectral data with other law en-
forcement 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. 
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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 spec-
trophotometer, mass spectrometer, nuclear magnetic 
resonance spectrometer, Raman spectrophotometer, 
ion mobility spectrometer, or any other scientific in-
strumentation 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 mean-
ing 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 
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(C) any other narcotic or psychoactive sub-
stance. 
(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, in-
vestigation, or prosecution of any violation of crimi-
nal law. 
(9) PERSONNEL.—The term ‘‘personnel’’— 
(A) means employees of a law enforcement 
agency; and 
(B) includes scientists and law enforce-
ment officers. 
(10) RECIPIENT.—The term ‘‘recipient’’ means 
an applicant that receives a grant under section 4. 
(11) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 901 of title I of the 
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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 jurisdic-
tion 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 em-
ployee of the applicant will be trained 
to— 
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(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 pur-
chased 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 appli-
cant to identify a covered substance 
seized by the applicant, including— 
(aa) the approximate aver-
age amount of time required for 
the applicant to identify a cov-
ered substance; and 
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(bb) as of the date of the 
application, the number of cases 
in which the applicant is awaiting 
identification of a covered sub-
stance; 
(II) any documented case of a 
law enforcement officer, first re-
sponder, or treating medical personnel 
in the jurisdiction of the applicant 
who has suffered an accidental drug 
overdose caused by exposure to a cov-
ered substance while in the line of 
duty; 
(III) any chemical screening de-
vice 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 ap-
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plicant during the 2-year period end-
ing on the date of the application, cat-
egorized by the type of covered sub-
stance seized; and 
(II) the approximate number of 
covered substance overdoses in the ju-
risdiction of the applicant that the ap-
plicant investigated or responded to 
during the 2-year period ending on 
the date of the application, cat-
egorized 
by 
fatal 
and 
nonfatal 
overdoses. 
(2) JOINT APPLICATIONS.— 
(A) IN GENERAL.—Two or more law en-
forcement 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 de-
scribed in paragraph (1)(B) that each 
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law enforcement agency chooses to in-
clude; 
(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 pur-
chased using grant funds. 
(B) SUBMISSION.—Law enforcement agen-
cies submitting a joint application under sub-
paragraph (A) shall— 
(i) be considered as 1 applicant; and 
(ii) select the chief law enforcement 
officer of 1 of the law enforcement agen-
cies 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 appli-
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cant for any of the purposes described in subsection 
(a). 
(2) ADMINISTRATIVE COSTS.—Not more than 3 
percent of any grant made 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 sub-
mitted 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 
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(ii) any other record as the Attorney 
General may require; and 
(B) make the records described in subpara-
graph (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 Attor-
ney General $20,000,000 for fiscal year 2019 to carry out 
section 4. 
Æ 
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