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Bill
Notes

S. 1144 — what changed

Invest to Protect Act of 2023

From Introduced in Senate to Engrossed in Senate. 1 section amended between Introduced in Senate and Engrossed in Senate.

Sec. 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)
changed a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level that employs fewer than 200 175 law enforcement officers; and
(B)
changed a Tribal government that employs fewer than 200 175 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 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 60 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)
changed 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)
changed evidence-based law enforcement safety training, including training for—
(A)
active shooter situations;
(B)
the safe handling of illicit drugs and precursor chemicals;
(C)
rescue situations;
(D)
changed high speed or pursuit driving;recognizing and countering ambush attacks; or
(E)
changed recognizing and countering ambush attacks;response to calls for service involving—
(i)
added persons with mental health needs;
(ii)
added persons with substance use disorders;
(iii)
added veterans;
(iv)
added persons with disabilities;
(v)
added vulnerable youth;
(vi)
added persons who are victims of domestic violence, sexual assault, or trafficking; or
(vii)
added persons experiencing homelessness or living in poverty;
(F)
removed contact with individuals with mental health needs;
(G)
removed contact with individuals with substance use disorders;
(H)
removed contact with veterans;
(I)
removed contact with individuals with disabilities;
(J)
removed contact with vulnerable youth;
(K)
removed contact with individuals who are victims of domestic violence, sexual assault, or trafficking; or
(L)
removed contact with individuals experiencing homelessness or living in poverty;
(4)
changed the offsetting of overtime costs associated with scheduling issues relating to the participation of a law enforcement officer in the training described in paragraphs (1) through (3);(3), (9), and (10);
(5)
a signing bonus for a law enforcement officer in an amount determined by the eligible local government;
(6)
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)
changed has been employed at the law enforcement agency for not fewer than 5 years; andyears;
(ii)
changed has not been found by an internal investigation to have engaged in serious misconduct;misconduct; and
(iii)
added commits to remain employed by the law enforcement agency for not less than 3 years after the date of receipt of the bonus;
(7)
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)
changed the amount the law enforcement officer pays towards such graduate education; andeducation;
(8)
changed 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.telehealth;
(9)
added the implementation of evidence-based best practices and training on the use of lethal and nonlethal force;
(10)
added the implementation of evidence-based best practices and training on the duty of care and the duty to intervene; and
(11)
added data collection for police practices relating to officer and community safety.
(f)
changed Disclosure of officer recruitment and retention bonuses—Reporting requirements for grant recipients—
(1)
changed In general— Not later than 60 days after the date on which an eligible local government that receives The Director shall establish reasonable reporting requirements specifically relating to a grant awarded under this section awards a signing or retention bonus described in paragraph (5) or (6) of subsection (e), the for eligible local government shall disclose to the Director and make publicly available on governments that receive such a website of grant in order to assist with the eligible local government evaluation by the amount Office of such bonus.the program established under this section.
(2)
added Considerations— In establishing requirements under paragraph (1), the Director shall consider the capacity of law enforcement agencies with fewer than 175 officers to collect and report information.
(g)
added Disclosure of officer recruitment and retention bonuses—
(1)
added 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 (5) or (6) 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 the bonus.
(2)
renumbered was (7)(3) Report— The Attorney General 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)
added Grant accountability—
(1)
added In general— All grants awarded by the Director under this section shall be subject to the accountability provisions described in this subsection.
(2)
added Audit requirement—
(g)
removed Grant accountability— All grants awarded by the Director under this section shall be subject to the following accountability provisions:
(1)
removed Audit requirement—
(A)
renumbered was (8)(3)(2) 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)
renumbered was (8)(3)(3) 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)
added 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 3 fiscal years beginning after the end of the 12-month period described in subparagraph (A).
(D)
added Reimbursement— If an eligible local government is awarded grant funds under this section during the 3-fiscal-year period during which the eligible local government is barred from receiving grants under subparagraph (C), the Attorney General shall—
(C)
removed 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)
removed 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)
removed 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)
renumbered was (8)(3)(6)(3) 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)
renumbered was (8)(3)(6)(4) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.
(3)
added Annual certification— Beginning in the fiscal year during which audits commence under paragraph (2)(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—
(2)
removed 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)
renumbered was (8)(4)(3) indicating whether—
(i)
added all audits issued by the Office of the Inspector General of the Department of Justice under paragraph (2) have been completed and reviewed by the appropriate Assistant Attorney General or Director;
(ii)
added all mandatory exclusions required under paragraph (2)(C) have been issued; and
(iii)
added all reimbursements required under paragraph (2)(D) have been made; and
(B)
added that includes a list of any grant recipients excluded under paragraph (2) from the previous year.
(i)
added Program evaluation— Not less frequently than annually, the Attorney General shall analyze the information provided by eligible local governments pursuant to the reporting requirements established under subsection (f)(1) to evaluate the efficacy of programs funded by the grant program under this section.
(j)
added Preventing duplicative grants—
(i)
removed 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)
removed all mandatory exclusions required under paragraph (1)(C) have been issued; and
(iii)
removed all reimbursements required under paragraph (1)(E) have been made; and
(B)
removed that includes a list of any grant recipients excluded under paragraph (1) from the previous year.
(h)
removed Preventing duplicative grants—
(1)
renumbered was (9)(2) 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)
added Report— If the Attorney General awards grants to the same applicant for a similar purpose, whether through the grant program under this section or another grant program administered by the Department of Justice, 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—
(2)
removed 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)
renumbered was (9)(3)(3) a list of all such grants awarded, including the total dollar amount of any such grants awarded; and
(B)
renumbered was (9)(3)(4) the reason the Attorney General awarded multiple grants to the same applicant for a similar purpose.
(k)
added Authorization of appropriations— There are authorized to be appropriated to carry out this section not more than $50,000,000 for each of fiscal years 2025 through 2029.
(i)
removed Funding— In carrying out this section, the Director—
(1)
removed shall use amounts otherwise made available to the Office; and
(2)
removed may use not more than $50,000,000 of such amounts for each of fiscal years 2024 through 2028.