[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2656 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2656

  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
        withhold funds in certain cases, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 1999

 Mr. Conyers (for himself, Mr. Cummings, Ms. Jackson-Lee of Texas, Mr. 
Meeks of New York, Mr. Scott, and Ms. Waters) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
        withhold funds in certain cases, 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 ``Law Enforcement Trust and Integrity 
Act of 1999''.

                 TITLE I--LAW ENFORCEMENT ACCREDITATION

SEC. 101. ACCREDITATION OF LAW ENFORCEMENT AGENCIES.

    (a) Standards.--
            (1) In general.--The Attorney General shall recommend 
        additional areas for the development of national standards for 
        the accreditation of law enforcement agencies in conjunction 
        with professional law enforcement organizations, principally 
        the Commission on Accreditation of Law Enforcement Agencies 
        (referred to in this title as ``CALEA'').
            (2) Initial analysis.--The Attorney General shall perform 
        an initial analysis of the existing standards and accreditation 
        methodology developed by the CALEA.
            (3) Promulgation of standards.--After completion of the 
        initial review and analysis under paragraph (2), the Attorney 
        General shall recommend that CALEA, in consultation with labor 
        and community-based organizations, adopt additional standards, 
        including early warning programs, civil review procedures, 
        traffic stop documentation and procedures, and administrative 
        due process requirements.
            (4) Accreditation.--The Attorney General shall adopt 
        policies and procedures to partner with CALEA, other 
        professional law enforcement organizations, and community-based 
        organizations to continue the development of further 
        accreditation standards and to encourage the pursuit of 
        accreditation by Federal, State, and local law enforcement 
        agencies.
    (b) Accreditation Grants.--The Attorney General may make funds 
available to Federal, State, and local law enforcement agencies under 
this paragraph to assist in gaining or maintaining accreditation from 
the Commission on Accreditation for Law Enforcement Agencies.

             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, and multijurisdictional or regional 
consortia thereof to study and implement effective management, 
training, recruiting, hiring, and oversight policies and programs for 
law enforcement agencies.
    (b) Project Grants To Study Law Enforcement Agency Management.--
Grants made under subsection (a) of this section may be used for the 
study of law enforcement agency management and operations standards, 
including administrative due process, residency requirements, 
compensation and benefits, use of force, racial profiling, early 
warning programs, and civilian review procedures, and for 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.--Grants made under 
subsection (a) may also be used to develop pilot programs and implement 
effective programs in the areas of training, hiring, and recruitment, 
and oversight that are designed to improve management and address 
misconduct by law enforcement officers. These programs may include the 
following:
            (1) Training.--Law enforcement policies, practices, and 
        procedures addressing, training and instruction in the use of 
        lethal and nonlethal force; tactical and defensive strategy; 
        arrests searches and handcuffing; verbal communications; and 
        community relations.
            (2) Recruitment and hiring.--Policies and practices for the 
        hiring and recruitment of law enforcement officers; development 
        of educational and psychological standards; initiatives to 
encourage residency and continuing education.
            (3) Oversight.--Complaint procedures, including civilian 
        review procedures for jurisdictions across a range of sizes and 
        agency configurations; early warning programs; and 
        administrative due process requirements inherent to complaint 
        procedures for members of the public and law enforcement.
    (d) Amounts.--Of the amounts appropriated for the purposes of this 
title--
            (1) 4 percent shall be available for grants to Indian 
        tribal governments; and
            (2) 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) Model.--The technical assistance provided by the 
        Attorney General may include the development of a flexible 
        model that will define for State and local governments, and 
        other public and private entities, definitions and strategies 
        associated the reduction of law enforcement misconduct.
    (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 tribe, 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) 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.--Each program, project, or 
        activity funded under this title shall contain a monitoring 
        component, developed pursuant to guidelines established by the 
        Attorney General. The monitoring required by this subsection 
        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.--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. Such evaluations may include 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 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 deems reasonably necessary.
    (j) Revocation or Suspension of Funding.--If the Attorney General 
determines, as a result of the reviews required by subsection (i), or 
otherwise, that a grant recipient under this title is not in 
substantial compliance with the terms and requirements of an 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 title:
            (1) The term ``career law enforcement officer'' means a 
        person who is authorized by law or by a State or local public 
        agency to engage in or supervise the prevention, detection, or 
        investigation of violations of criminal laws; and
            (2) The term ``Indian tribe'' means a tribe, band, pueblo, 
        nation, or other organized group or community of Indians, 
        including an Alaska Native village (as defined in or 
        established under the Alaska Native Claims Settlement Act (43 
        U.S.C. 1601 et seq.)), that is recognized as eligible for the 
        special programs and services provided by the United States to 
        Indians because of their status as Indians.
            (3) 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), NAACP Legal Defense and Education Fund, National 
        Council of la Raza, and Urban League).
            (4) The term ``civilian review procedures'' means 
        administrative entities that exhibit such characteristics as 
        independence, investigatory authority, subpoena power, adequate 
        funding, representative diversity, and policy making authority.

            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 impact of any law, rule, 
        or procedure that allows a law enforcement officer to delay for 
        an unreasonable or arbitrary period of time the answer to 
        questions posed by a local internal affairs officer, 
        prosecutor, or review board on the investigative integrity and 
prosecution of law enforcement misconduct.
            (2) Initial analysis.--The Attorney General shall perform 
        an initial analysis of New York City's 48-Hour Rule to 
        determine whether, at a threshold level, the impact 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 then gather 
        additional data nationwide on rules similar to the 48-hour 
        rule, from a representative and statistically significant 
        sample of jurisdictions, to determine whether such rules and 
        procedures raise such material investigatory issues.
    (b) Reporting.--Not later than 120 days after the date of the 
enactment of this Act, the Attorney General shall report the results of 
its initial analysis to Congress, and make such report available to the 
public, and identify the jurisdictions for which the study is to be 
conducted. Not later than 2 years after the date of the enactment of 
this Act, the Attorney General shall report the results of the data 
collected under this Act to Congress, a copy of which shall also be 
published in the Federal Register.

         TITLE IV--ENHANCED FUNDING TO COMBAT POLICE MISCONDUCT

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for fiscal year 2000, in 
addition to any other sums authorized to be appropriated for this 
purpose, $1,600,000 for additional expenses related to the enforcement 
of section 210401 of the Violent Crime Control and Law Enforcement Act 
of 1994 (42 U.S.C. 14141), criminal enforcement, and administrative 
enforcement by the Department of Justice and such sums as necessary to 
fully fund programs managed by the Community Relations Service.

   TITLE V--ENHANCED AUTHORITY IN PATTERN AND PRACTICE INVESTIGATIONS

SEC. 501. PRIVATE CAUSE OF ACTION RELATING TO POLICE PATTERN OR 
              PRACTICE.

    Section 210401 of the Violent Crime Control and Law Enforcement Act 
of 1994 (42 U.S.C. 14141) is amended by adding at the end the 
following:
    ``(c) Civil Action by Aggrieved Person.--A person who is aggrieved 
by a violation of this section may, in a civil action, obtain 
declaratory and injunctive relief with respect to the violation. The 
court in an action under this subsection may award the prevailing party 
(other than the United States) a reasonable attorney's fee, including 
litigation expenses, as part of the costs; fees may be awarded to a 
prevailing defendant only when a plantiff's civil action is shown to be 
frivolous, unreasonable, or without foundation. The Attorney may 
intervene as a party in a civil action brought under this 
subsection.''.

SEC. 502. UNLAWFUL CONDUCT.

    Section 210401(a) of the Violent Crime and Law Enforcement Act of 
1994 (42 U.S.C. 14141(a)) is amended--
            (1) by inserting ``criminal or'' before ``, juvenile 
        justice''; and
            (2) by inserting ``adults or'' before ``juveniles''.

           TITLE VI--DEPRIVATION OF RIGHTS UNDER COLOR OF LAW

SEC. 601. DEPRIVATION OF RIGHTS UNDER COLOR OF LAW.

    Section 242 of title 18, United States Code, is amended--
            (1) by inserting ``(a)'' before ``Whoever'';
            (2) by adding at the end the following:
    ``(b)(1) It is a deprivation of a right, privilege, or immunity 
secured or protected by the Constitution or laws of the United States--
            ``(A) to subject, or attempt to subject, any person to 
        force exceeding that which is reasonably necessary to carry out 
        a legitimate law enforcement duty; or
            ``(B) to engage in or cause any unwanted sexual act, or 
        unwanted sexual contact, with or by any other person, or to 
        attempt to do so.
    ``(2) As used in this subsection--
            ``(A) the term `sexual act' has the meaning given that term 
        in section 2246(2)(A)-(C);
            ``(B) the term `sexual contact' has the meaning given that 
        term in section 2246(3); and
            ``(C) the term `bodily injury' has the meaning given that 
        term in section 1515(a)(5).
    ``(3) No prosecution of a case described in this subsection shall 
be undertaken, except upon notification in writing by the Assistant 
Attorney General for Civil Rights that, in that official's judgment, a 
prosecution by the United States is in the public interest and 
necessary to secure substantial justice.''.

                 TITLE VII--STUDY OF DEATHS IN CUSTODY

SEC. 701. STUDY.

    Section 210410(a) of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 13704(a)) is amended--
            (1) in paragraph (2), by striking ``or'' after the 
        semicolon;
            (2) in paragraph (3), by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(4) the State has provided an assurance that it shall 
        follow guidelines that may be established by the Attorney 
        General in reporting, on a quarterly basis, information 
        regarding the death of any person who is in the process of 
        arrest, has been arrested, has been incarcerated or is en route 
        to be incarcerated at any municipal or county jail, State 
        prison, or other State or local correctional facility 
        (including any juvenile facility) that, at a minimum, 
        includes--
                    ``(A) the name, gender, ethnicity, and age of the 
                deceased;
                    ``(B) the date, time, and location of death; and
                    ``(C) a brief description of the circumstances 
                surrounding the death.''.
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