[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1659 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1659

   To reinforce police training and reestablish police and community 
   relations, and to create a commission to study and report on the 
   policies and practices that govern the training, recruitment, and 
         oversight of police officers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 1999

 Mr. Serrano (for himself and Mr. Hyde) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To reinforce police training and reestablish police and community 
   relations, and to create a commission to study and report on the 
   policies and practices that govern the training, recruitment, and 
         oversight of police officers, 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.

    This Act may be cited as the ``National Police Training Commission 
Act of 1999''.

SEC. 2. ESTABLISHMENT.

    There is established a commission to be known as the ``National 
Police Training Commission'' (hereinafter in this Act referred to as 
the ``Commission'').

SEC. 3. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 5 
members appointed as follows:
            (1) The majority and minority leaders of the Senate shall 
        each appoint 1 member.
            (2) The Speaker of the House of Representatives and the 
        minority leader of the House shall each appoint 1 member.
            (3) The 4 members appointed under paragraphs (1) and (2) 
        shall then select 1 member.
    (b) Eligibility and Qualifications.--
            (1) Eligibility.--The members of the Commission shall be 
        individuals who have knowledge or expertise, whether by 
        experience or training, in matters to be studied by the 
        Commission under this Act. The members may be from the public 
        or private sector, and may include Federal, State, or local 
        officers or employees, members of academia, non-profit 
        organizations, or other interested individuals.
            (2) Qualifications.--The members of the Commission shall be 
        individuals who possess relevant backgrounds, credentials, and 
        experience in some or all of the following:
                    (A) Civil and criminal litigation.
                    (B) Administrative and management functions of law 
                enforcement in major cities and smaller communities.
                    (C) Community relations.
    (c) Term.--Each member shall be appointed for the life of the 
Commission.
    (d) Length of Commission.--The Commission shall cease to exist 180 
days after the initial appointment of the 4 members described in 
paragraphs (1) and (2) of subsection (a).
    (e) Vacancies.--Except as otherwise provided in this subsection, a 
vacancy in the Commission shall be filled in the manner in which the 
original appointment was made, and shall not affect the power of the 
remaining members to execute the duties of the Commission. If any of 
the original appointments are not made by the day that is 30 days after 
the date of the enactment of this Act, any members already appointed 
shall fill any vacancy existing on that date.
    (f) Meetings.--The Commission shall meet at the call of the 
Chairperson.
    (g) Chairperson.--The Chairperson of the Commission shall be 
elected by the members.

SEC. 4. FUNCTIONS.

    (a) Study.--The Commission shall conduct a study of the 
effectiveness of training, recruiting, hiring, oversight, and funding 
policies and practices in law enforcement, including the following:
            (1) Training: policies, practices, and organizational 
        strategies of law enforcement, and training and instruction in 
        the use of force, the use of non lethal force, tactical and 
        defensive tactical; arrests, searches and handcuffing; verbal 
        communication; vehicle use; community relations and sensitivity 
        training of law enforcement vis a vis the community and the 
        community vis a vis law enforcement.
            (2) Recruitment and Hiring: policies and practices in 
        hiring and recruiting law enforcement officers and identifying 
        and setting standards for hiring regarding educational and 
        psychological backgrounds; diversity; lengths of probationary 
        periods.
            (3) Oversight: complaint procedures regarding police 
        officers, including screening, organization, and training of 
        investigatory staff; due process requirements for, and 
        obstacles to, ensuring objective and timely investigations; 
discrimination and harassment; the ``code of silence
            (4) Funding: the effectiveness of the use of funding for 
        programs relating to matters described in paragraphs (1) 
        through (3) of this subsection, whether derived from the 
        Violent Crime Control and Law Enforcement Act of 1994 or 
        otherwise, by cities listed in section 210501 of such Act.''.
    (b) Report.--Not later than 180 days after the initial appointment 
of the 4 members described in paragraphs (1) and (2) of section 3(a), 
the Commission shall submit a report to Congress of the results of its 
study, including any recommendations the Commission may make with 
regard to the matters studied.

SEC. 5. ADMINISTRATIVE PROVISIONS.

    (a) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out its duties under section 4. 
Upon the request of the Commission, the head of such department or 
agency may furnish such information to the Commission.
    (b) Compensation of Members.--Each member of the Commission who is 
not an officer or employee of the Federal Government, or whose 
compensation is not precluded by a State or local government position, 
shall be compensated at a rate equal to the daily equivalent of the 
annual rate of basic pay prescribed for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code, for each 
day (including travel time) during which such member is engaged in the 
performance of the duties of the Commission. All members of the 
Commission who are officers or employees of the United States shall 
serve without compensation in addition to that received for their 
services as officers or employees of the United States.
    (c) Travel Expenses.--The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of service for the 
Commission.
    (d) Staff.--
            (1) In general.--The Chairman of the Commission may, 
        without regard to the civil service laws and regulations, 
        appoint and terminate an executive director and such other 
        additional personnel as may be necessary to enable the 
        Commission to perform its duties. The employment and 
        termination of an executive director shall be subject to 
        confirmation by a majority of the members of the Commission.
            (2) Compensation.--The executive director shall be 
        compensated at a rate not to exceed the rate payable for level 
        V of the Executive Schedule under section 5316 of title 5, 
        United States Code. The Chairman may fix the compensation of 
        other personnel without regard to the provisions of chapter 51 
        and subchapter III of chapter 53 of title 5, United States 
        Code, relating to classification of positions and General 
        Schedule pay rates, except that the rate of pay for such 
        personnel may not exceed the rate payable for level V of the 
        Executive Schedule under section 5316 of such title.
            (3) Detail of government employees.--Any Federal Government 
        employee, with the approval of the head of the appropriate 
        Federal agency, may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status, benefits, or privilege.
    (e) Procurement of Temporary and Intermittent Services.--The 
Chairman of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals not to exceed the daily equivalent of the annual rate 
of basic pay prescribed for level V of the Executive Schedule under 
section 5316 of such title.
    (f) Meetings.--The Commission shall meet at the call of the 
Chairman.
    (g) Quorum; Voting; Rules.--Two members of the Commission shall 
constitute a quorum to conduct business. Each member of the Commission 
shall have one vote, and the vote of each member shall be accorded the 
same weight. The Commission may establish by vote of a majority of its 
members any other rules for the conduct of the Commission's business, 
if such rules are not inconsistent with this Act or other applicable 
law.

SEC. 6. TRAINING.

    Section 210501 of the Violent Crime Control and Law Enforcement Act 
of 1994 is amended--
            (1) in subsection (b)(1)(A), by inserting ``, and provide, 
        under paragraph (4), training, recruitment, hiring, and 
        oversight assistance'' before the semicolon; and
            (2) in subsection (b), by adding at the end the following:
            ``(4) The training, recruitment, hiring, and oversight 
        assistance under paragraph (1)(A) shall be given to the 
        following cities: New York, Chicago, Los Angeles, and 
        Washington. The money appropriated for such assistance shall be 
        distributed to those cities in proportion to the size of their 
        police departments. There are authorized to be appropriated for 
        fiscal year 2000 for the purposes of such assistance the sum of 
        $3,000,000.''.
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