POWER Act
Bill: S.2853 | Sponsor: Sen. Brown, Sherrod (D-OH)
Policy area: Crime and Law Enforcement

Summary:
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.

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 1 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.
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