118 HR 3184 IH: Invest to Protect Act of 2023
U.S. House of Representatives
2023-05-10
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EN
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I
118th CONGRESS
1st Session
H. R. 3184
IN THE HOUSE OF REPRESENTATIVES
May 10, 2023
Mr. Gottheimer (for himself, Mr. Rutherford, Mr. Horsford, Mr. D'Esposito, Mr. Trone, Ms. Slotkin, Mr. Panetta, Mr. Fitzpatrick, Mr. Ryan, Ms. Craig, Mr. Kildee, Mr. Pappas, Mr. Valadao, Mr. Sorensen, Mrs. Lee of Nevada, Mr. Bacon, Mr. Morelle, Mr. Phillips, Mr. Carbajal, Ms. Titus, Ms. Tokuda, Mr. Levin, Mr. Casten, Ms. Spanberger, Ms. Hoyle of Oregon, Mr. Costa, Ms. Budzinski, Ms. Sherrill, Ms. Kaptur, Mr. Harder of California, Mr. Case, Mr. Swalwell, Ms. Houlahan, Mr. Golden of Maine, Mr. Nickel, Mrs. González-Colón, Mr. Pallone, Mr. Kim of New Jersey, Ms. Perez, Ms. Wild, Ms. Salazar, Mr. Lawler, Mr. Kean of New Jersey, Mr. Neguse, Mr. Davis of North Carolina, Mr. Westerman, Mr. Tony Gonzales of Texas, Mr. Moylan, Mr. Magaziner, Mr. Moskowitz, Mr. Landsman, Mr. Gallego, Mr. Kilmer, and Mr. Vasquez) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To establish a grant program to provide assistance to local law enforcement agencies, and for other purposes.
1.

Short title
This Act may be cited as the “Invest to Protect Act of 2023”.
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 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)
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)
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)
high speed or pursuit driving;
(E)
recognizing and countering ambush attacks;
(F)
contact with individuals with mental health needs;
(G)
contact with individuals with substance use disorders;
(H)
contact with veterans;
(I)
contact with individuals with disabilities;
(J)
contact with vulnerable youth;
(K)
contact with individuals who are victims of domestic violence, sexual assault, or trafficking; or
(L)
contact with individuals experiencing homelessness or living in poverty;
(4)
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);
(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)
has been employed at the 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;
(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)
the amount the law enforcement officer pays towards such graduate education; and
(8)
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)

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 (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 such bonus.
(2)

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.
(g)

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.
(h)

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.
(i)

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 2024 through 2028.