,,ii #aaith ,,congress #b;d ,session ,s4 #dejj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ab1 #bjbf,mr4 ,kennedy 7for himself and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to direct the ,attorney ,general to establish a grant program to establish1 implement1 and administer violent incident clearance and technology investigative methods1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,violent ,incident ,clearance and ,technological ,investigative ,methods ,act of #bjbf or the ,,victim ,act of #bjbf4 #b4 ,grant program with respect to violent incident clearance and technological investigative methods 7a7 ,definitions ,in this section3 7#a7 ,clearance by arrest ,the term clearance by arrest1 with respect to an offense reported to a law enforcement agency1 means the law enforcement agency-- 7,a7 has-- 7i7 arrested not less than #a person for the offense2 7ii7 charged the person described in clause 7i7 with the commission of the offense2 and 7iii7 referred the person described in clause 7i7 for prosecution for the offense2 or 7,b7 has cited an individual under the age of #ah to appear in juvenile court or before another juvenile authority with respect to the offense1 regardless of whether a physical arrest occurred4 7#b7 ,clearance by exception ,the term clearance by exception1 with respect to an offense reported to a law enforcement agency1 means the law enforcement agency-- 7,a7 has identified not less than #a person suspected of the offense2 and 7,b7 with respect to the suspect described in subparagraph 7,a71 has-- 7i7 gathered enough evidence to-- 7,i7 support an arrest of the suspect2 7,,ii7 make a charge against the suspect2 and 7,,iii7 refer the suspect for prosecution2 7ii7 identified the location of the suspect so that the suspect could be taken into custody immediately2 and 7iii7 encountered a circumstance outside the control of the law enforcement agency that prohibits the agency from arresting the suspect1 charging the suspect1 or referring the suspect for prosecution1 including-- 7,i7 the death of the suspect2 7,,ii7 the refusal of the victim to cooperate with the prosecution after the suspect has been identified2 or 7,,iii7 the denial of extradition because the suspect committed an offense in another jurisdiction and is being prosecuted for that offense4 7#c7 ,clearance rate ,the term clearance rate1 with respect to a law enforcement agency1 means the quotient obtained by dividing-- 7,a7 the number of offenses cleared by the law enforcement agency1 including through clearance by arrest and clearance by exception2 by 7,b7 the total number of offenses reported to the law enforcement agency4 7#d7 ,eligible entity ,the term eligible entity means a ,state1 ,tribal1 or local law enforcement agency or a group of such law enforcement agencies4 7#e7 ,grant recipient ,the term grant recipient means a recipient of a grant under the ,program4 7#f7 ,law enforcement agency ,the term law enforcement agency means a public agency charged with policing functions1 including any component bureau of the agency 7such as a governmental victim services program or village public safety officer program71 including an agency composed of officers or persons referred to in subparagraph 7,b7 or 7,c7 of section #b7aj7 of the ,indian ,law ,enforcement ,reform ,act 7#be ,u4,s4,c4 #bhja7aj774 7#g7 ,program ,the term ,program means the grant program established under subsection 7b77#a74 7#h7 ,rural ,the term rural means an area that is not located in a metropolitan statistical area1 as defined by the ,office of ,management and ,budget4 7b7 ,grant program 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall establish a grant program within the ,office of ,community ,oriented ,policing ,services under which the ,attorney ,general awards grants to eligible entities to establish1 implement1 and administer violent incident clearance and technological investigative methods4 7#b7 ,applications ,an eligible entity seeking a grant under the ,program shall submit to the ,attorney ,general an application at such time1 in such manner1 and containing or accompanied by-- 7,a7 such information as the ,attorney ,general may reasonably require2 and 7,b7 a description of each eligible project under paragraph 7#d7 that the grant will fund4 7#c7 ,selection of grant recipients ,the ,attorney ,general1 in selecting a recipient of a grant under the ,program1 shall-- 7,a7 consider solely the specific plan and activities proposed by the applicant to improve clearance rates for homicides and firearm-related violent crimes1 notwithstanding other ,department policies for grant eligibility2 and 7,b7 develop criteria to ensure that funds are distributed to rural and urban applicants4 7#d7 ,eligible projects ,a grant recipient shall use the grant for activities with the specific objective of improving clearance rates for homicides and firearm-related violent crimes1 including-- 7,a7 hiring and training additional personnel who will be assigned to investigate homicides and firearm-related violent crimes2 7,b7 ensuring the retention of personnel who are assigned to investigate homicides and firearm-related violent crimes as of the date of receipt of the grant2 7,c7 hiring and training personnel for collection1 processing1 and forensic testing of evidence2 7,d7 acquiring1 upgrading1 or replacing investigative1 evidence-processing1 or forensic testing technology or equipment2 7,e7 developing competitive and evidence-based programs to improve clearance rates for homicides and firearm-related violent crimes2 7,f7 hiring and training of personnel to analyze violent crime and the temporal and geographic trends among homicides and firearm-related violent crimes2 7,g7 retaining experts to conduct a detailed analysis of homicides and firearm-related violent crimes using ,gun ,violence ,problem ,analysis 7commonly known as ,,gvpa7 or a similar research methodology2 7,h7 development and implementation of policies that safeguard civil rights and civil liberties during the collection1 processing1 and forensic testing of evidence2 7,i7 establishing programs to support officers who experience stress or trauma as a result of responding to or investigating homicides or other violent crime incidents2 7,j7 developing policies1 procedures1 and training to improve clearance rates for homicides and firearm-related violent crimes1 including implementing best practices relating to-- 7i7 improving internal agency cooperation1 organizational oversight and accountability1 and supervision of investigations2 7ii7 developing specific goals and performance metrics for both investigators and investigative units2 7iii7 strengthening relationships with communities the agency serves2 and 7iv7 collaboration with and among other law enforcement agencies and criminal justice organizations2 7,k7 ensuring victims of firearm-related violent crimes1 and family members of victims of homicides1 have appropriate access to emergency food1 housing1 clothing1 travel1 and transportation2 7,l7 training to address the needs of victims of firearm-related violent crimes1 and family members of victims of homicides1 or collaborating with trained victim advocates and specialists to better meet the needs of victims and family members of victims2 7,m7 developing best practices for improving access to and acceptance of victim services1 including victim services that promote medical and psychological wellness1 ongoing counseling1 legal advice1 and financial compensation2 7,n7 training personnel in trauma-informed interview techniques2 and 7,o7 ensuring language and disability access supports are provided to victims and their families so that victims can exercise their rights and participate in the criminal justice process4 7c7 ,supplement1 not supplant ,grant funds made available under this section shall be used to supplement1 not supplant1 ,federal and non-,federal funds available for carrying out the activities described in this section4 7d7 ,hiring ,a grant recipient using funds for hiring personnel under subsection 7b77#d77;,a7 shall make a good faith effort to determine whether an applicant with prior law enforcement experience has a disciplinary record or internal investigation record by-- 7#a7 conducting a search of the ,national ,decertification ,index and1 if available1 the ,national ,law ,enforcement ,accountability ,database2 or 7#b7 requesting the personnel record of the applicant from each law enforcement agency that employed the applicant4 7e7 ,report by grant recipient ,not later than #a year after receiving a grant under the ,program1 and each year thereafter until a final report is submitted regarding fiscal year #bjcb1 a grant recipient shall submit to the ,attorney ,general a report on the activities carried out using the grant during the preceding fiscal year1 including1 if applicable-- 7#a7 the number of personnel assigned to investigate homicides and firearm-related violent crimes hired by the grant recipient2 7#b7 the number of personnel hired for collecting1 processing1 and forensic testing of evidence by the grant recipient2 7#c7 a description of any training that is designed to assist in the solving of homicides and firearm-related violent crimes and improve clearance rates2 7#d7 any new investigative1 evidence-processing1 or forensic technology or equipment purchased or any upgrades made to existing 7as of the date on which the grant was awarded7 investigative1 evidence-processing1 or forensic technology or equipment1 and the associated cost2 7#e7 an assessment of investigative1 evidence-processing1 or forensic technology or equipment purchased with the grant to determine whether the technology or equipment satisfies the objectives of the use of the technology or equipment in increasing clearance rates1 and any policies in place to govern the use of the technology or equipment2 7#f7 the internal policies and oversight used to ensure that any technology purchased through the grant for the purposes of improving clearance rates does not violate the civil rights and civil liberties of individuals2 7#g7 data regarding clearance rates for homicides and firearm-related violent crimes1 including the rate of clearances by arrest and clearances by exception1 and crime trends from within each jurisdiction in which the grant recipient carried out activities supported by the grant2 7#h7 data on the race1 sex1 and age of victims of homicides and firearm-related violent crimes2 7#i7 data on the race1 sex1 and age of suspects of homicides and firearm-related violent crimes2 7#aj7 the length and outcomes of each investigation1 including whether the investigation was cleared by arrest or exception2 and 7#aa7 to the extent reasonably available1 identification of the services most used by victims and their families and identification of additional services needed4 7f7 ,clearance ,rate ,reporting ,if #b or more law enforcement agencies collaborate on a criminal investigation that results in a clearance1 only the agency that initiated the investigation shall include that clearance in the report submitted under subsection 7e74 7g7 ,grant oversight 7#a7 ,in general ,all grants awarded by the ,attorney ,general under this section shall be subject to the requirements under this subsection4 7#b7 ,audit requirement 7,a7 ,definition ,in this paragraph1 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 grant recipient has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within #ab months from the date on which the final audit report is issued4 7,b7 ,audits 7i7 ,in general ,not later than the first fiscal year after the date of establishment of the ,program1 and in each fiscal year thereafter1 the ,inspector ,general of the ,department of ,justice shall conduct audits of grant recipients under this section to prevent waste1 fraud1 and abuse of funds by grant recipients4 7ii7 ,selection of grant recipients for audit ,the ,inspector ,general of the ,department of ,justice shall determine the appropriate number of grant recipients to be audited each year4 7,c7 ,mandatory exclusion ,a grant recipient that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this section during the fiscal year following the #ab-month period after the final audit report has been issued4 7#c7 ,annual certification ,not later than the end of the fiscal year during which audits commence under paragraph 7#b77;,b77i71 and each fiscal year thereafter1 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 a certification1 including-- 7,a7 whether-- 7i7 all audits conducted by the ,office of the ,inspector ,general of the ,department of ,justice under paragraph 7#b7 have been completed and reviewed by the appropriate ,assistant ,attorney ,general2 and 7ii7 all mandatory exclusions required under paragraph 7#b77;,c7 have been issued2 and 7,b7 a list of any grant recipients excluded from receiving grant funds under paragraph 7#b77;,c7 from the previous fiscal year4 7h7 ,national institute of justice evaluation and report to congress 7#a7 ,evaluation ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter1 the ,director of the ,national ,institute of ,justice shall conduct an evaluation of-- 7,a7 the practices deployed by grant recipients to identify policies and procedures that have successfully improved clearance rates for homicides and firearm-related violent crimes2 and 7,b7 the efficacy of any services provided to victims and family members of victims of homicides and firearm-related violent crimes4 7#b7 ,report to ,congress ,not later than #cj days after completion of an evaluation by the ,director of the ,national ,institute of ,justice under paragraph 7#a71 the ,attorney ,general shall submit to ,congress a report including-- 7,a7 the results of the evaluation2 and 7,b7 information reported by each grant recipient under subsection 7e74 7i7 ,application ,process 7#a7 ,barriers ,the ,attorney ,general shall determine whether barriers exist to establishing a streamlined application process for grants under this section4 7#b7 ,report 7,a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,attorney ,general shall submit to ,congress a report that includes a plan to implement a streamlined application process for grants under this section under which an eligible entity seeking a grant under this section can reasonably complete the application in not more than #b hours4 7,b7 ,contents of plan ,the plan required under subparagraph 7,a7 may include a plan for-- 7i7 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 application2 and 7ii7 ensuring technical assistance is available for eligible local governments seeking a grant under this section before and during the grant application process1 including through dedicated liaisons within the ,office of ,community ,oriented ,policing ,services4 7#c7 ,applications ,in selecting eligible local governments to receive grants under this section1 the ,director of the ,office of ,community ,oriented ,policing ,services shall use the streamlined application process described in paragraph 7#b77;,a74 7j7 ,consultation ,the ,attorney ,general shall develop criteria governing the award of grants under this section to ensure that the funds are distributed as widely as practicable in terms of geographical location and to both large and small law enforcement agencies4 7k7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to carry out this section #fj1jjj1jjj for each of fiscal years #bjbg through #bjca4 7#b7 ,percent for certain eligible entities or projects 7,a7 ,tribal entities ,the ,attorney ,general shall use at least #e percent of the amount made available under paragraph 7#a7 for a fiscal year to award grants under the ,program to ,tribal law enforcement agencies or ,tribal prosecuting offices1 or groups of such agencies or offices4 7,b7 ,rural entities ,the ,attorney ,general shall use at least #e percent of the amount made available under paragraph 7#a7 for a fiscal year to award grants under the ,program to law enforcement agencies classified as rural4