II Calendar No. 421 117th CONGRESS 2d Session S. 3860 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. Short title This Act may be cited as the Invest to Protect Act of 2022 . 2. Grant program (a) Definitions In this Act: (1) De-escalation training The term de-escalation training means a process or tactic used to prevent, reduce, or manage behaviors associated with conflict (including verbal or physical agitation, aggression, violence, or similar behaviors) during an interaction between not less than 2 individuals. (2) Director The term Director means the Director of the Office. (3) Eligible local government The term eligible local government means— (A) a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level that employs fewer than 200 law enforcement officers; and (B) a Tribal government that employs fewer than 200 law enforcement officers. (4) Law enforcement officer The term law enforcement officer has the meaning given the term in section 2503 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10533 ). (5) Office The term Office means the Office of Community Oriented Policing Services of the Department of Justice. (b) Establishment There is established within the Office a grant program to— (1) provide training, body cameras, and access to mental health resources to local law enforcement officers; and (2) improve the recruitment and retention of local law enforcement officers. (c) Authority Not later than 60 days after the date of enactment of this Act, the Director shall award grants to eligible local governments as a part of the grant program established under subsection (b). (d) Applications (1) Barriers The Attorney General shall determine what barriers exist to establishing a streamlined application process for grants under this section. (2) Report Not later than 30 days after the date of enactment of this Act, the Attorney General shall submit to Congress a report that includes a plan to execute a streamlined application process for grants under this section under which an eligible local government seeking a grant under this section can complete the application in not more than 30 minutes. (3) Applications In selecting eligible local governments to receive grants under this section, the Director shall use the streamlined application process described in paragraph (2). (e) Eligible Activities An eligible local government that receives a grant under this section may use amounts from the grant only for— (1) de-escalation training for law enforcement officers; (2) training for law enforcement officers in handling situations of domestic violence; (3) law enforcement officer safety training; (4) the offsetting of overtime costs associated with scheduling issues when a law enforcement officer participates in the training described in paragraphs (1) through (3); (5) the purchasing, storage, operation, and securing of body cameras in accordance with guidelines established by the eligible local government or the Attorney General under subsection (f)(2) until the eligible local government establishes such guidelines; (6) a signing bonus for a law enforcement officer in an amount determined by the eligible local government; (7) a retention bonus for a law enforcement officer in an amount determined by the eligible local government; (8) a stipend for the graduate education of law enforcement officers in the area of mental health, public health, or social work, which shall not exceed the lesser of— (A) $10,000; or (B) the amount the law enforcement officer pays towards such graduate education; and (9) providing access to patient-centered behavioral health services for law enforcement officers, which may include resources for risk assessments, evidence-based, trauma-informed care to treat post-traumatic stress disorder or acute stress disorder, peer support and counselor services and family supports, and the promotion of improved access to high quality mental health care through telehealth. (f) Body camera guidelines (1) In general An eligible local government that uses funds from a grant under this section for the purpose described in subsection (e)(5) shall— (A) follow guidelines established by the eligible local government or the State in which the eligible local government is located relating to the purchasing, storage, operation, and securing of body cameras based on existing industry best practices; or (B) if the guidelines described in subparagraph (A) do not yet exist, follow the guidelines established under paragraph (2). (2) Federal guidelines Not later than 60 days after the date of enactment of this Act, the Attorney General shall establish guidelines relating to the purchasing, storage, operation, and securing of body cameras that are based on existing industry best practices. (g) Disclosure of officer recruitment and retention bonuses Not later than 60 days after the date on which an eligible local government that receives a grant under this section awards a signing or retention bonus described in paragraph (6) or (7) of subsection (e), the eligible local government shall disclose to the Director and make publicly available on a website of the eligible local government the amount of such bonus. (h) Grant accountability All grants awarded by the Director 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 grantee 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 Beginning in the first fiscal year beginning after the date of enactment of this subsection, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this section to prevent waste, fraud, and abuse of funds by grantees. The Inspector General of the Department of Justice shall determine the appropriate number of grantees to be audited each year. (C) Mandatory exclusion A recipient of grant funds under this section that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this section during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A). (D) Priority In awarding grants under this section, the Director shall give priority to eligible local governments that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this section. (E) Reimbursement If an eligible local government is awarded grant funds under this section during the 2-fiscal-year period during which the eligible local government is barred from receiving grants under subparagraph (C), the Attorney General shall— (i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. (2) Annual certification Beginning in the fiscal year during which audits commence under paragraph (1)(B), 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 an annual certification— (A) indicating whether— (i) all audits issued 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 or Director; (ii) all mandatory exclusions required under paragraph (1)(C) have been issued; and (iii) all reimbursements required under paragraph (1)(E) have been made; and (B) that includes a list of any grant recipients excluded under paragraph (1) from the previous year. (i) Preventing duplicative grants (1) In general Before the Director awards a grant to an eligible local government under this section, the Attorney General shall compare potential grant awards with other grants awarded by the Attorney General to determine if grant awards are or have been awarded for a similar purpose. (2) Report If the Attorney General awards grants to the same applicant for a similar purpose the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes— (A) a list of all such grants awarded, including the total dollar amount of any such grants awarded; and (B) the reason the Attorney General awarded multiple grants to the same applicant for a similar purpose. (j) Funding In carrying out this section, the Director— (1) shall use amounts otherwise made available to the Office; and (2) may use not more than $50,000,000 of such amounts for each of fiscal years 2023 through 2027.

1. Short title This Act may be cited as the Invest to Protect Act of 2022 . 2. Grant program (a) Definitions In this Act: (1) De-escalation training The term de-escalation training means training relating to taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary. (2) Director The term Director means the Director of the Office. (3) Eligible local government The term eligible local government means— (A) a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level that employs fewer than 200 law enforcement officers; and (B) a Tribal government that employs fewer than 200 law enforcement officers. (4) Law enforcement officer The term law enforcement officer has the meaning given the term career law enforcement officer in section 1709 of title I the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10389 ). (5) Office The term Office means the Office of Community Oriented Policing Services of the Department of Justice. (b) Establishment There is established within the Office a grant program to— (1) provide training, body cameras, and access to mental health resources to local law enforcement officers; and (2) improve the recruitment and retention of local law enforcement officers. (c) Authority Not later than 120 days after the date of enactment of this Act, the Director shall award grants to eligible local governments as a part of the grant program established under subsection (b). (d) Applications (1) Barriers The Attorney General shall determine what barriers exist to establishing a streamlined application process for grants under this section. (2) Report (A) In general Not later than 30 days after the date of enactment of this Act, the Attorney General shall submit to Congress a report that includes a plan to execute a streamlined application process for grants under this section under which an eligible local government seeking a grant under this section can reasonably complete the application in not more than 2 hours. (B) Contents of plan The plan required under subparagraph (A) may include a plan for— (i) proactively providing eligible local governments seeking a grant under this section with information on the data such eligible local governments will need to prepare before beginning the grant application; and (ii) ensuring technical assistance is available for eligible local governments seeking a grant under this section before and during the grant application process, including through dedicated liaisons within the Office. (3) Applications In selecting eligible local governments to receive grants under this section, the Director shall use the streamlined application process described in paragraph (2)(A). (e) Eligible activities An eligible local government that receives a grant under this section may use amounts from the grant only for— (1) de-escalation training for law enforcement officers; (2) victim-centered training for law enforcement officers in handling situations of domestic violence; (3) law enforcement officer safety training; (4) the offsetting of overtime costs associated with scheduling issues when a law enforcement officer participates in the training described in paragraphs (1) through (3); (5) the purchasing, storage, operation, data collection, and securing of body cameras in accordance with guidelines described in subsection (f)(1)(A) or, if such guidelines do not exist, established by the Attorney General under subsection (f)(2); (6) a signing bonus for a law enforcement officer in an amount determined by the eligible local government; (7) a retention bonus for a law enforcement officer— (A) in an amount determined by the eligible local government that does not exceed 20 percent of the salary of the law enforcement officer; and (B) who— (i) has been employed at a law enforcement agency for not fewer than 5 years; and (ii) has not been found by an internal investigation to have engaged in serious misconduct; (8) a stipend for the graduate education of law enforcement officers in the area of mental health, public health, or social work, which shall not exceed the lesser of— (A) $10,000; or (B) the amount the law enforcement officer pays towards such graduate education; and (9) providing access to patient-centered behavioral health services for law enforcement officers, which may include resources for risk assessments, evidence-based, trauma-informed care to treat post-traumatic stress disorder or acute stress disorder, peer support and counselor services and family supports, and the promotion of improved access to high quality mental health care through telehealth. (f) Body camera guidelines (1) In general An eligible local government that uses funds from a grant under this section for the purpose described in subsection (e)(5) shall— (A) follow guidelines established by the eligible local government or the State in which the eligible local government is located relating to the purchasing, storage, operation, data collection, and securing of body cameras based on existing industry best practices; or (B) if the guidelines described in subparagraph (A) do not yet exist or are not based on existing industry best practices, follow the guidelines established under paragraph (2). (2) Federal guidelines Not later than 60 days after the date of enactment of this Act, the Attorney General shall establish guidelines for small law enforcement agencies relating to the purchasing, storage, operation, data collection, and securing of body cameras that are based on existing industry best practices. (g) Disclosure of officer recruitment and retention bonuses (1) In general Not later than 60 days after the date on which an eligible local government that receives a grant under this section awards a signing or retention bonus described in paragraph (6) or (7) of subsection (e), the eligible local government shall disclose to the Director and make publicly available on a website of the eligible local government the amount of such bonus. (2) Report The Director shall submit to the appropriate congressional committees an annual report that includes each signing or retention bonus disclosed under paragraph (1) during the preceding year. (h) Grant accountability All grants awarded by the Director 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 grantee 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 Beginning in the first fiscal year beginning after the date of enactment of this subsection, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this section to prevent waste, fraud, and abuse of funds by grantees. The Inspector General of the Department of Justice shall determine the appropriate number of grantees to be audited each year. (C) Mandatory exclusion A recipient of grant funds under this section that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this section during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A). (D) Priority In awarding grants under this section, the Director shall give priority to eligible local governments that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this section. (E) Reimbursement If an eligible local government is awarded grant funds under this section during the 2-fiscal-year period during which the eligible local government is barred from receiving grants under subparagraph (C), the Attorney General shall— (i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. (2) Annual certification Beginning in the fiscal year during which audits commence under paragraph (1)(B), 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 an annual certification— (A) indicating whether— (i) all audits issued 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 or Director; (ii) all mandatory exclusions required under paragraph (1)(C) have been issued; and (iii) all reimbursements required under paragraph (1)(E) have been made; and (B) that includes a list of any grant recipients excluded under paragraph (1) from the previous year. (i) Preventing duplicative grants (1) In general Before the Director awards a grant to an eligible local government under this section, the Attorney General shall compare potential grant awards with other grants awarded by the Attorney General to determine if grant awards are or have been awarded for a similar purpose. (2) Report If the Attorney General awards grants to the same applicant for a similar purpose, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes— (A) a list of all such grants awarded, including the total dollar amount of any such grants awarded; and (B) the reason the Attorney General awarded multiple grants to the same applicant for a similar purpose. (j) Funding In carrying out this section, the Director— (1) shall use amounts otherwise made available to the Office; and (2) may use not more than $50,000,000 of such amounts for each of fiscal years 2023 through 2027.

June 14, 2022 Reported with an amendment