[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3195 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
2d Session
S. 3195
To encourage greater community accountability of law enforcement
agencies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 11, 2018
Mr. Cardin introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To encourage greater community accountability of law enforcement
agencies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Law Enforcement
Trust and Integrity Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--LAW ENFORCEMENT ACCREDITATION
Sec. 101. Accreditation of law enforcement agencies.
TITLE II--LAW ENFORCEMENT DEVELOPMENT PROGRAMS
Sec. 201. Law enforcement grants.
TITLE III--ADMINISTRATIVE DUE PROCESS PROCEDURES
Sec. 301. Attorney General to conduct study.
TITLE IV--ENHANCED FUNDING TO COMBAT POLICE MISCONDUCT AND REFORM
POLICE DEPARTMENTS
Sec. 401. Authorization of appropriations.
TITLE V--NATIONAL TASK FORCE ON LAW ENFORCEMENT OVERSIGHT
Sec. 501. National task force on law enforcement oversight.
TITLE VI--FEDERAL DATA COLLECTION ON LAW ENFORCEMENT PRACTICES
Sec. 601. Federal data collection on law enforcement practices.
TITLE VII--MEDALLIONS FOR FALLEN LAW ENFORCEMENT OFFICERS
Sec. 701. Medallions for fallen law enforcement officers.
SEC. 2. DEFINITIONS.
In this Act:
(1) Community-based organization.--The term ``community-
based organization'' means a grassroots organization that
monitors the issue of police misconduct and that has a national
presence and membership, such as the National Association for
the Advancement of Colored People (NAACP), the American Civil
Liberties Union (ACLU), the National Council of La Raza, the
National Urban League, the National Congress of American
Indians, or the National Asian Pacific American Legal
Consortium (NAPALC).
(2) Law enforcement accreditation organization.--The term
``law enforcement accreditation organization'' means a
professional law enforcement organization involved in the
development of standards of accreditation for law enforcement
agencies at the national, State, regional, or tribal level,
such as the Commission on Accreditation for Law Enforcement
Agencies (CALEA).
(3) Law enforcement agency.--The term ``law enforcement
agency'' means a State, local, Indian tribal, or campus public
agency engaged in the prevention, detection, or investigation,
prosecution, or adjudication of violations of criminal laws.
(4) Professional law enforcement association.--The term
``professional law enforcement association'' means a law
enforcement membership association that works for the needs of
Federal, State, local, or Indian tribal law enforcement
agencies and with the civilian community on matters of common
interest, such as the Hispanic American Police Command Officers
Association (HAPCOA), the National Asian Pacific Officers
Association (NAPOA), the National Black Police Association
(NBPA), the National Latino Peace Officers Association (NLPOA),
the National Organization of Black Law Enforcement Executives
(NOBLE), Women in Law Enforcement, the Native American Law
Enforcement Association (NALEA), the International Association
of Chiefs of Police (IACP), the National Sheriffs' Association
(NSA), the Fraternal Order of Police (FOP), and the National
Association of School Resource Officers.
(5) Professional civilian oversight organization.--The term
``professional civilian oversight organization'' means a
membership organization formed to address and advance the cause
of civilian oversight of law enforcement and whose members are
from Federal, State, regional, local, or tribal organizations
that review issues or complaints against law enforcement
agencies or individuals, such as the National Association for
Civilian Oversight of Law Enforcement (NACOLE).
TITLE I--LAW ENFORCEMENT ACCREDITATION
SEC. 101. ACCREDITATION OF LAW ENFORCEMENT AGENCIES.
(a) Standards.--
(1) Initial analysis.--The Attorney General shall perform
an initial analysis of existing accreditation standards and
methodology developed by law enforcement accreditation
organizations nationwide, including national, State, regional,
and tribal accreditation organizations. Such an analysis shall
include a review of the recommendations of the Final Report of
the President's Taskforce on 21st Century Policing, issued in
May 2015.
(2) Development of uniform standards.--After completion of
the initial review and analysis under paragraph (1), the
Attorney General shall--
(A) recommend, in consultation with law enforcement
accreditation organizations, the adoption of additional
standards that will result in greater community
accountability of law enforcement agencies and an
increased focus on policing with a guardian mentality,
including standards relating to--
(i) early warning systems and related
intervention programs;
(ii) use of force procedures;
(iii) civilian review procedures;
(iv) traffic and pedestrian stop and search
procedures;
(v) data collection and transparency;
(vi) administrative due process
requirements;
(vii) video monitoring technology;
(viii) juvenile justice and school safety;
and
(ix) training; and
(B) recommend additional areas for the development
of national standards for the accreditation of law
enforcement agencies in consultation with existing law
enforcement accreditation organizations, professional
law enforcement associations, labor organizations,
community-based organizations, and professional
civilian oversight organizations.
(3) Continuing accreditation process.--The Attorney General
shall adopt policies and procedures to partner with law
enforcement accreditation organizations, professional law
enforcement associations, labor organizations, community-based
organizations, and professional civilian oversight
organizations to continue the development of further
accreditation standards consistent with paragraph (2) and to
encourage the pursuit of accreditation of Federal, State,
local, and tribal law enforcement agencies by certified law
enforcement accreditation organizations.
(b) Accreditation Grants.--The Attorney General may make funds
available to State, local, tribal law enforcement agencies, and campus
public safety departments under this section to assist in gaining or
maintaining accreditation from certified law enforcement accreditation
organizations.
TITLE II--LAW ENFORCEMENT DEVELOPMENT PROGRAMS
SEC. 201. LAW ENFORCEMENT GRANTS.
(a) Grant Authorization.--The Attorney General may make grants to
States, units of local government, Indian tribal governments, or other
public and private entities, or to any multijurisdictional or regional
consortia of such entities, to study and implement effective
management, training, recruiting, hiring, and oversight standards and
programs to promote effective community and problem solving strategies
for law enforcement agencies.
(b) Project Grants To Study Law Enforcement Agency Management.--
Grants made under subsection (a) shall be used for the study of
management and operations standards for law enforcement agencies,
including standards relating to administrative due process, residency
requirements, compensation and benefits, use of force, racial
profiling, early warning systems, juvenile justice, school safety,
civilian review boards or analogous procedures, or research into the
effectiveness of existing programs, projects, or other activities
designed to address misconduct by law enforcement officers.
(c) Project Grants To Develop Pilot Programs.--
(1) In general.--Grants made under subsection (a) shall
also be used to develop pilot programs and implement effective
standards and programs in the areas of training, hiring and
recruitment, and oversight that are designed to improve
management and address misconduct by law enforcement officers.
(2) Components of pilot program.--A pilot program developed
under paragraph (1) shall include the following:
(A) Training.--Law enforcement policies, practices,
and procedures addressing training and instruction to
comply with accreditation standards in the areas of--
(i) the use of lethal, nonlethal force, and
de-escalation;
(ii) investigation of misconduct and
practices and procedures for referral to
prosecuting authorities use of deadly force or
racial profiling;
(iii) disproportionate minority contact by
law enforcement;
(iv) tactical and defensive strategy;
(v) arrests, searches, and restraint;
(vi) professional verbal communications
with civilians;
(vii) interactions with youth, the mentally
ill, and limited English proficiency, multi-
cultural communities;
(viii) proper traffic, pedestrian, and
other enforcement stops; and
(ix) community relations and bias
awareness.
(B) Recruitment, hiring, retention, and promotion
of diverse law enforcement officers.--Policies,
procedures, and practices for--
(i) the hiring and recruitment of diverse
law enforcement officers representative of the
communities they serve;
(ii) the development of selection,
promotion, educational, background, and
psychological standards that comport with title
VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.); and
(iii) initiatives to encourage residency in
the jurisdiction served by the law enforcement
agency and continuing education.
(C) Oversight.--Complaint procedures, including the
establishment of civilian review boards or analogous
procedures for jurisdictions across a range of sizes
and agency configurations, complaint procedures by
community-based organizations, early warning systems
and related intervention programs, video monitoring
technology, data collection and transparency, and
administrative due process requirements inherent to
complaint procedures for members of the public and law
enforcement.
(D) Juvenile justice and school safety.--The
development of uniform standards on juvenile justice
and school safety, including standards relating to
interaction and communication with juveniles, physical
contact, use of lethal and nonlethal force,
notification of a parent or guardian, interviews and
questioning, custodial interrogation, audio and video
recording, conditions of custody, alternatives to
arrest, referral to child protection agencies, and
removal from school grounds or campus.
(E) Victim services.--Counseling services,
including psychological counseling, for individuals and
communities impacted by law enforcement misconduct.
(d) Amounts.--Of the amounts appropriated to carry out this title--
(1) 4 percent shall be available for grants to Indian
tribal governments;
(2) 20 percent shall be available for grants to community-
based organizations;
(3) 10 percent shall be available for grants to
professional law enforcement associations; and
(4) the remaining funds shall be available for grants to
applicants in each State in an amount that bears the same ratio
to the amount of remaining funds as the population of the State
bears to the population of all of the States.
(e) Technical Assistance.--
(1) In general.--The Attorney General may provide technical
assistance to States, units of local government, Indian tribal
governments, and to other public and private entities, in
furtherance of the purposes of this section.
(2) Models for reduction of law enforcement misconduct.--
The technical assistance provided by the Attorney General may
include the development of models for State, local, and Indian
tribal governments, and other public and private entities, to
reduce law enforcement officer misconduct. Any development of
such models shall be in consultation with community-based
organizations.
(f) Use of Components.--The Attorney General may use any component
or components of the Department of Justice in carrying out this title.
(g) Matching Funds.--
(1) In general.--Except in the case of an Indian tribal
government or nonprofit community-based organization, the
portion of the costs of a program, project, or activity
provided by a grant under subsection (a) may not exceed 75
percent.
(2) Waivers.--The Attorney General may waive, wholly or in
part, the requirement under paragraph (1) of a non-Federal
contribution to the costs of a program, project, or activity.
(h) Applications.--
(1) Application.--An application for a grant under this
title shall be submitted in such form, and contain such
information, as the Attorney General may prescribe by
guidelines.
(2) Priority.--For law enforcement agency applications,
priority shall be given to applicants seeking or having been
awarded accreditation from national law enforcement
accreditation organizations.
(3) Approval.--A grant may not be made under this title
unless an application has been submitted to, and approved by,
the Attorney General.
(i) Performance Evaluation.--
(1) Monitoring components.--
(A) In general.--Each program, project, or activity
funded under this title shall contain a monitoring
component, which shall be developed pursuant to
guidelines established by the Attorney General.
(B) Requirement.--Each monitoring component
required under subparagraph (A) shall include
systematic identification and collection of data about
activities, accomplishments, and programs throughout
the life of the program, project, or activity and
presentation of such data in a usable form.
(2) Evaluation components.--
(A) In general.--Selected grant recipients shall be
evaluated on the local level or as part of a national
evaluation, pursuant to guidelines established by the
Attorney General.
(B) Requirements.--An evaluation conducted under
subparagraph (A) may include independent audits of
police behavior and other assessments of individual
program implementations. In selected jurisdictions that
are able to support outcome evaluations, the
effectiveness of funded programs, projects, and
activities may be required.
(3) Periodic review and reports.--The Attorney General may
require a grant recipient to submit biannually to the Attorney
General the results of the monitoring and evaluations required
under paragraphs (1) and (2) and such other data and
information as the Attorney General determines to be necessary.
(j) Revocation or Suspension of Funding.--If the Attorney General
determines, as a result of monitoring under subsection (i) or
otherwise, that a grant recipient under this title is not in
substantial compliance with the terms and requirements of the approved
grant application submitted under subsection (h), the Attorney General
may revoke or suspend funding of that grant, in whole or in part.
(k) Definitions.--In this section--
(1) the term ``civilian review board'' means an
administrative entity that--
(A) is independent and adequately funded;
(B) has investigatory authority and staff subpoena
power;
(C) has representative community diversity;
(D) has policymaking authority;
(E) provides advocates for civilian complainants;
(F) has mandatory police power to conduct hearings;
and
(G) conducts statistical studies on prevailing
complaint trends; and
(2) the term ``private entity'' means a private security
organization engaged in the prevention, detection, or
investigation of violations of criminal laws or organizational
policy, such as privately operated campus public safety units
or department store security.
TITLE III--ADMINISTRATIVE DUE PROCESS PROCEDURES
SEC. 301. ATTORNEY GENERAL TO CONDUCT STUDY.
(a) Study.--
(1) In general.--The Attorney General shall conduct a
nationwide study of the prevalence and effect of any law, rule,
or procedure that allows a law enforcement officer to delay the
response to questions posed by a local internal affairs
officer, or review board on the investigative integrity and
prosecution of law enforcement misconduct, including pre-
interview warnings and termination policies.
(2) Initial analysis.--The Attorney General shall perform
an initial analysis of existing State statutes to determine
whether, at a threshold level, the effect of this type of rule
or procedure raises material investigatory issues that could
impair or hinder a prompt and thorough investigation of
possible misconduct, including criminal conduct, that would
justify a wider inquiry.
(3) Data collection.--After completion of the initial
analysis under paragraph (2), and considering material
investigatory issues, the Attorney General shall gather
additional data nationwide on similar rules from a
representative and statistically significant sample of
jurisdictions, to determine whether such rules and procedures
raise such material investigatory issues.
(b) Reporting.--
(1) Initial analysis.--Not later than 120 days after the
date of the enactment of this Act, the Attorney General shall--
(A) submit to Congress a report containing the
results of the initial analysis conducted under
subsection (a)(2);
(B) make the report submitted under subparagraph
(A) available to the public; and
(C) identify the jurisdictions for which the study
described in subsection (a)(1) is to be conducted.
(2) Data collected.--Not later than 2 years after the date
of the enactment of this Act, the Attorney General shall submit
to Congress a report containing the results of the data
collected under this section and publish the report in the
Federal Register.
TITLE IV--ENHANCED FUNDING TO COMBAT POLICE MISCONDUCT AND REFORM
POLICE DEPARTMENTS
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 2019, in
addition to any other sums authorized to be appropriated for this
purpose--
(1) $25,000,000 for additional expenses relating to the
enforcement of section 210401 of the Violent Crime Control and
Law Enforcement Act of 1994 (34 U.S.C. 12601), criminal
enforcement under sections 241 and 242 of title 18, United
States Code, and administrative enforcement by the Department
of Justice, including compliance with consent decrees or
judgments entered into under such section 210401; and
(2) $3,300,000 for additional expenses related to conflict
resolution by the Department of Justice's Community Relations
Service.
TITLE V--NATIONAL TASK FORCE ON LAW ENFORCEMENT OVERSIGHT
SEC. 501. NATIONAL TASK FORCE ON LAW ENFORCEMENT OVERSIGHT.
(a) Establishment.--There is established within the Department of
Justice a task force to be known as the Task Force on Law Enforcement
Oversight (hereinafter in this title referred to as the ``Task
Force'').
(b) Composition.--The Task Force shall be composed of individuals
appointed by the Attorney General, who shall appoint not less than 1
individual from each of the following:
(1) The Special Litigation Section of the Civil Rights
Division.
(2) The Criminal Section of the Civil Rights Division.
(3) The Federal Coordination and Compliance Section of the
Civil Rights Division.
(4) The Employment Litigation Section of the Civil Rights
Division.
(5) The Disability Rights Section of the Civil Rights
Division.
(6) The Office of Justice Programs.
(7) The Office of Community Oriented Policing Services
(COPS).
(8) The Corruption/Civil Rights Section of the Federal
Bureau of Investigation.
(9) The Community Relations Service.
(10) The Office of Tribal Justice.
(11) The unit within the Department of Justice assigned as
a liaison for civilian review boards.
(c) Powers and Duties.--The Task Force shall consult with
professional law enforcement associations, labor organizations, and
community-based organizations to coordinate the process of the
detection and referral of complaints regarding incidents of alleged law
enforcement misconduct.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 for each fiscal year to carry out this section.
TITLE VI--FEDERAL DATA COLLECTION ON LAW ENFORCEMENT PRACTICES
SEC. 601. FEDERAL DATA COLLECTION ON LAW ENFORCEMENT PRACTICES.
(a) Agencies To Report.--Each Federal, State, and local law
enforcement agency shall report data of the practices of that agency to
the Attorney General.
(b) Breakdown of Information by Race, Ethnicity, and Gender.--For
each practice enumerated in subsection (c), the reporting law
enforcement agency shall provide a breakdown of the numbers of
incidents of that practice by race, ethnicity, age, and gender of the
officers and employees of the agency and of members of the public
involved in the practice.
(c) Practices To Be Reported on.--The practices to be reported on
are the following:
(1) Traffic violation stops.
(2) Pedestrian stops.
(3) Frisk and body searches.
(4) Instances where officers or employees of the law
enforcement agency used deadly force, including--
(A) a description of when and where deadly force
was used, and whether it resulted in death;
(B) a description of deadly force directed against
an officer or employee and whether it resulted in
injury or death; and
(C) the law enforcement agency's justification for
use of deadly force, if the agency determines it was
justified.
(d) Retention of Data.--Each law enforcement agency required to
report data under this section shall maintain records relating to any
matter so reportable for not less than 4 years after those records are
created.
(e) Penalty for States Failing To Report as Required.--
(1) In general.--For any fiscal year, a State shall not
receive any amount that would otherwise be allocated to that
State under section 505(a) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10156(a)), or
any amount from any other law enforcement assistance program of
the Department of Justice, unless the State has ensured, to the
satisfaction of the Attorney General, that the State and each
local law enforcement agency of the State is in substantial
compliance with the requirements of this section.
(2) Reallocation.--Amounts not allocated by reason of this
subsection shall be reallocated to States not disqualified by
failure to comply with this section.
(f) Regulations.--The Attorney General shall prescribe regulations
to carry out this section.
TITLE VII--MEDALLIONS FOR FALLEN LAW ENFORCEMENT OFFICERS
SEC. 701. MEDALLIONS FOR FALLEN LAW ENFORCEMENT OFFICERS.
(a) In General.--The Attorney General, in consultation with the
National Law Enforcement Officers Memorial Fund, shall create and
provide a distinctive medallion to be issued to the survivors of law
enforcement officers--
(1) killed in the line of duty; and
(2) memorialized on the wall of the National Law
Enforcement Officers Memorial.
(b) Distribution of Medallions.--The Attorney General shall make
arrangements with the National Law Enforcement Officers Memorial Fund
to distribute the medallions to appropriate survivors of each law
enforcement officer memorialized on the wall of the National Law
Enforcement Officers Memorial.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary.
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