[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1148 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 1148
To provide financial assistance to law enforcement officers for
continuing education classes and to develop minimum standards for
effective and responsible policing.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 25, 1993
Mr. Moran introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide financial assistance to law enforcement officers for
continuing education classes and to develop minimum standards for
effective and responsible policing.
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 ``Law Enforcement Responsibility and
Improvement Act of 1993''.
TITLE I--CONTINUING EDUCATION FOR LAW ENFORCEMENT OFFICERS.
SEC. 101. STATEMENT OF PURPOSE.
It is the purpose of this title to assist States to establish
scholarship programs which--
(1) assist State and local law enforcement efforts to
enhance the educational status of law enforcement personnel;
and
(2) provide educational assistance to law enforcement
personnel seeking continuing education;
SEC. 102. ALLOTMENT.
From amounts appropriated under the authority of section 110, the
Assistant Attorney General shall allocate--
(1) 80 percent of such funds to States on the basis of the
number of law enforcement officers in each State; and
(2) 20 percent of such funds to States on the basis of a
State's shortage of law enforcement personnel and the need for
assistance under this title.
SEC. 103. PROGRAM ESTABLISHED.
(a) In General.--From amounts available under this title, each
State shall pay the Federal share of the cost of awarding scholarships
to law enforcement personnel to enable such personnel during nonworking
hours to enroll in courses, not to exceed a total of 18 credit hours,
at an institution of higher education.
(b) Federal Share.--(1) The Federal share of the cost of
scholarships under this title shall not exceed 60 percent.
(2) The non-Federal share of the cost of scholarships under this
title shall be supplied from sources other than the Federal Government.
(c) Lead Agency.--Each State receiving an allotment under section
102 to conduct a scholarship program in a State in accordance with the
provisions of this title shall designate an appropriate State agency to
serve as the lead agency in carrying out the provisions of this title.
(d) Responsibilities of Assistant Attorney General.--The Assistant
Attorney General shall be responsible for the administration of the
program conducted pursuant to this title and shall, in consultation
with the Assistant Secretary for Postsecondary Education, promulgate
regulations to implement this title.
(e) Administrative Expenses.--Each State receiving an allotment
under section 102 may reserve not more than 8 percent of such allotment
for administrative expenses.
(f) Supplementation of Funding.--Funds received under this title
shall be used to supplement, and not to supplant, Federal, State, or
local efforts to provide for continuing education of law enforcement
personnel.
SEC. 104. SCHOLARSHIPS.
(a) Restrictions.--Notwithstanding a change in law enforcement
positions or departments or an institution of higher education, a law
enforcement officer is eligible to receive scholarship funds for a
total of 18 credit hours.
(b) Use of Scholarships.--A law enforcement officer awarded a
scholarship under this title may use such scholarship for educational
expenses at an accredited institution of higher education.
(c) Eligibility.--A law enforcement officer shall be eligible to
receive a scholarship under this title if such individual has been
employed in law enforcement for the 1-year period immediately preceding
the date on which assistance is sought.
SEC. 105. STATE APPLICATION.
(a) In General.--Each State desiring an allotment under section 102
shall submit an application to the Assistant Attorney General at such
time, in such manner, and accompanied by such information as the
Assistant Attorney General may reasonably require. Each such
application shall--
(1) contain assurances that the lead agency shall work in
cooperation with the local law enforcement liaisons,
representatives of police labor organizations and police
management organizations, and other appropriate State and local
agencies to develop and implement interagency agreements
designed to carry out the provisions of this title;
(2) contain assurances that the State shall advertise the
scholarship assistance provided under this title;
(3) contain assurances that the State shall screen and
select law enforcement personnel for participation in the
scholarship program under this title;
(4) contain assurances that the State shall make
scholarship payments to institutions of higher education on
behalf of individuals receiving financial assistance under this
title; and
(5) identify model curriculum and existing programs
designed to meet the educational and professional needs of law
enforcement personnel.
SEC. 106. LOCAL APPLICATION.
Each individual desiring to receive a scholarship under this title
shall submit an application to the State at such time, in such manner,
and accompanied by such information as the State may reasonably
require. Each such application shall describe the academic courses for
which financial assistance is sought.
SEC. 107. SCHOLARSHIP AGREEMENT.
(a) In General.--Each individual receiving a scholarship under this
title shall enter into an agreement with the Assistant Attorney
General.
(b) Contents.--Each agreement described in subsection (a) shall
provide assurances that such individual shall make every effort to meet
all course requirements.
SEC. 108. REPORTS TO CONGRESS.
Not later than April 1 of each fiscal year, the Assistant Attorney
General shall submit a report to the Attorney General, the President,
the Speaker of the House of Representatives, and the President of the
Senate. Such report shall--
(1) state the number of present and past scholarship
recipients under this title;
(2) describe the geographic, racial, and gender dispersion
of scholarship recipients; and
(3) describe the progress of the program and make
recommendations for changes in the program.
SEC. 109. DEFINITIONS.
As used in this title--
(1) the term ``Assistant Attorney General'' means the
Assistant Attorney General of the Office of Justice Programs;
(2) the term ``educational expenses'' means expenses that
are directly attributable to a course offered at an institution
of higher education, including the cost of tuition, fees,
books, supplies and related expenses;
(3) the term ``institution of higher education'' has the
same meaning given such term in section 1401(a) of the Higher
Education Act of 1965;
(4) the term ``law enforcement position'' means employment
as an officer in a State or local police force, or correctional
institution; and
(5) the term ``State'' means a State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, American Samoa, Guam, and the Commonwealth of
the Northern Mariana Islands.
SEC. 110. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $3,000,000 for each of the
fiscal years 1994, 1995, 1996, 1997, and 1998 to carry out the
provisions of this title.
TITLE II--LAW ENFORCEMENT RESPONSIBILITY PROVISIONS
Subtitle A--Police Accreditation
SEC. 201. APPLICATION FOR ACCREDITATION.
(a) In General.--Subject to subsections (b) and (c), law
enforcement agencies of a State, unit of local government, or non-
Federal public agency may apply for law enforcement agency
accreditation.
(b) Filing of Accreditation Application.--Applications for
accreditation as provided under section (a), may be filed with the
Commission on Accreditation of Law Enforcement Agencies.
(c) Forwarding to Justice Department.--A copy of the application
filed under subsection (b) shall then be forwarded to the Accreditation
Coordinator at the Department of Justice as provided for in section
202(b).
(d) Good Faith.--Law enforcement agencies shall file the
application for accreditation in good faith, and shall use all good
faith efforts to assist in processing the application for
accreditation.
SEC. 202. FEDERAL ASSISTANCE FOR AGENCIES SEEKING ACCREDITATION.
(a) In General.--The Attorney General shall be given the discretion
under section 524(c)(1) of title 28, United States Code, to provide
financial and technical assistance, as provided in subsections (b),
(c), and (d) for law enforcement agencies applying for accreditation as
provided in section 201.
(b) Accreditation Coordinator.--The Attorney General shall appoint
an Accreditation Coordinator to assist law enforcement agencies seeking
Federal assistance in processing accreditation as provided in section
201.
(c) Additional Accreditation Staffing.--The Accreditation
Coordinator shall provide necessary personnel to assist law enforcement
agencies in processing applications for accreditation and complete the
accreditation process as provided by section 201.
(d) Reimbursement of Administrative Costs.--Upon request, the
Accreditation Coordinator may reimburse a law enforcement agency for
any administrative costs incurred by such law enforcement agency in
processing the application for accreditation if--
(1) such law enforcement agency has requested assistance
from the Accreditation Coordinator;
(2) the Accreditation Coordinator did not furnish such
assistance but did certify the agency as likely to benefit in
terms of improved law enforcement from the process and as
eligible for expense reimbursement; and
(3) such law enforcement agency has successfully completed
the accreditation process as provided in section 201.
(e) Financing.--The total monies provided under subsection (a)
shall not be greater than $1,000,000 or 1 percent of those monies
available to the Attorney General under section 524(c)(1) of title 28,
United States Code.
Subtitle B--Civilian Protection in Cases of Police Misconduct
SEC. 211. CIVILIAN PROTECTION IN CASES OF POLICE MISCONDUCT.
State, local, and public law enforcement agencies shall have
procedures as established in subsection (b), allowing citizen
submission of sworn complaints regarding the action, or inaction, of
the law enforcement agency, law enforcement officers in the agency, or
employees of the agency.
SEC. 212. MINIMUM STANDARDS.
Subject to section 213, individual law enforcement agencies shall
provide, at a minimum, that--
(1) the general public has access to required forms and
information concerning the submission, and disposition of sworn
complaints;
(2) the law enforcement agency assist individuals in filing
complaints;
(3) adequate records to allow regular monitoring of the
nature and disposition of such cases are to be maintained by
the agency;
(4) the law enforcement agency has established written
procedures for hearings; and
(5) the complainant receives a written report on the final
disposition of the complaint.
SEC. 213. SEALED RECORDS.
Any or all records required under section 212 may be sealed to
prevent public disclosure if--
(1) good cause has been shown by order of a court of
competent jurisdiction, and
(2) such order is public record and states reasons for
sealing.
Subtitle C--Law Enforcement Officer's Responsibility
SEC. 221. RESPONSIBILITIES OF LAW ENFORCEMENT OFFICERS UNDER
INVESTIGATION.
Whenever a law enforcement officer is under formal investigation
for alleged malfeasance, misfeasance, or nonfeasance of official duty,
with a view to possible disciplinary action, demotion, dismissal,
suspension, or criminal charges, except as provided in section 226, the
following minimum standards shall apply:
(1) The law enforcement officer shall be informed in
writing of all charges made against the officer, the nature and
purpose of the investigation and the name, rank, and command of
the person or persons conducting such investigation and shall
be given the opportunity to review any evidence or testimony
relevant to the charges, in the possession of the law
enforcement agency.
(2) Except when the officer is requested to fulfill normal
administrative duties or to provide the law enforcement agency
with necessary reports on performance of duty, no adverse
inference shall be drawn and no punitive action taken from a
refusal of the law enforcement officer being investigated to
participate in such investigation.
(3) The law enforcement officer being investigated shall be
informed, in writing, of the date, time, and location of such
questioning, of all persons who will be present during such
questioning, and of the rights established by this title.
(4) Except in emergency or adverse situations, no
questioning of any law enforcement officer shall be conducted
except during the officer's regularly scheduled working hours,
unless the law enforcement officer otherwise agrees and except
when such questioning is part of a normal supervisory operating
of the law enforcement agency.
(5) Any questioning shall be for a reasonable period of
time, in a reasonable place, and shall allow for reasonable
periods for the rest and personal necessities of such officer.
(6) The law enforcement officer shall be entitled to the
presence of a person of the officer's choice at any
interrogation in connection with the formal investigation.
SEC. 222. NOTICE OF DISCIPLINARY ACTION.
Whenever a personnel action is taken against a law enforcement
officer which could result in any loss of pay, benefits or seniority,
or in suspension or termination, pursuant to an investigation of
alleged malfeasance, misfeasance, or nonfeasance of official duty, such
law enforcement officer shall be notified and informed of the reasons
for such action at least five working days before such action takes
effect.
SEC. 223. ENTITLEMENT TO A HEARING.
(a) In General.--If the investigation of a law enforcement officer
results in the recommendations of disciplinary action, such as
demotion, dismissal, or similar action, then, except as provided in
section 226, the law enforcement officer shall be entitled to a hearing
before an impartial decisionmaker.
(b) Decisions in Writing.--The decisions of the decisionmaker, and
reason therefor, shall be in writing, shall be transmitted promptly to
the law enforcement officer and to the chief executive officer of the
law enforcement agency.
(c) Final and Binding.--The decisions of the decisionmaker shall be
final and binding.
SEC. 224. REPRESENTATION ON COMPLAINT REVIEW BOARDS.
Whenever a police complaint review board has been established which
includes in its membership persons other than law enforcement officers
of the agencies under the jurisdiction of such board, such board shall
include a fair representation of such officers including at least one
officer of equal rank to the officer charged.
SEC. 225. PROTECTION FROM RETALIATION FOR EXERCISING RIGHTS.
There shall be no penalty nor threat of penalty to any law
enforcement officer for the exercise of the rights established in this
title.
SEC. 226. EXCLUSIONARY PROVISIONS.
The provisions of this subtitle do not apply to questioning carried
out as part of a law enforcement agency's routine supervision of a law
enforcement officer, summary discipline, administrative action, or
emergency suspension.
Subtitle D--General Provisions
SEC. 231. PRIVATE ENFORCEMENT.
Any citizen or law enforcement officer shall have the right to
recover pecuniary and other damages including, but not limited to, full
reinstatement of a law enforcement officer, from any person or
agencies, including law enforcement agencies, which violate the rights
established by this title.
SEC. 232. OTHER REMEDIES NOT DISPARAGED.
Nothing in this title shall disparage or impair any other legal
remedy with respect to rights established by this title or any other
State or Federal law.
SEC. 233. EXCLUSION FOR STATES THAT MEET OR EXCEED PROVISIONS.
Nothing in this title shall be construed to preempt any State law
which meets or exceeds the minimum requirements set forth by this
title.
SEC. 234. DEFINITIONS.
As used in this title--
(1) the term ``complaint review board'' means any public
body which has specific lawful authority to investigate
civilian complaints of improper conduct by law enforcement
officers and take public action, including the issuance of
findings and reports, but shall not include any law enforcement
agency, a grand jury, or other judicially-appointed body;
(2) the term ``law enforcement agency'' means any non-
Federal public agency, except Federal law enforcement agencies,
charged with the duty to investigate crimes, apprehend persons
charged with such crimes, and hold in custody persons charged
with such crimes;
(3) the term ``law enforcement officer'' means any sworn
officer of a public agency, if the official legal function of
such agency is the investigation of reports of criminal
activity or crimes, or the apprehension or holding in custody
of persons charged or convicted of crimes, and includes all
police, sheriffs' deputies, bailiffs, and corrections guards as
defined by the applicable State law;
(4) the terms ``summary discipline'' and ``administrative
action'' mean discipline imposed for minor violations of
department rules and regulations, which does not result in
dismissal, demotion, transfer, loss of pay, or similar action;
and
(5) the term ``emergency suspension'' means situations in
which the head of the law enforcement agency determines such
temporary action is necessary to protect the interest of the
public and the law enforcement agency and do not continue
longer than the public necessity.
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HR 1148 IH----2