[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3981 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 3981

   To encourage greater community accountability of law enforcement 
                   agencies, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 2000

   Mr. Conyers (for himself, Mr. Rangel, Mr. Meeks of New York, Ms. 
Jackson-Lee of Texas, Mr. Serrano, Ms. Carson, Mr. Wynn, Mr. Owens, Mr. 
 Scott, Mr. Davis of Illinois, Mr. Towns, Mr. Gonzalez, Mr. Underwood, 
   Mr. Cummings, Mr. Hinchey, Mr. Engel, Ms. Waters, and Mr. Nadler) 
 introduced the following bill; which was referred to the Committee on 
                               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.

    This Act may be cited as the ``Law Enforcement Trust and Integrity 
Act of 2000''.

                 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 but not limited to 
        national, state, regional, and Indian tribal accreditation 
        organizations.
            (2) In general.--The Attorney General shall 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) Development of uniform standards.--After completion of 
        the initial review and analysis under paragraph (2), the 
        Attorney General shall recommend, in consultation with such 
        organizations, the adoption of additional standards, including 
        but not limited to standards relating to early warning 
        programs, civilian review procedures, traffic stop 
        documentation and procedures, administrative due process 
        requirements, and training.
            (4) 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 Indian tribal law enforcement agencies by certified 
        law enforcement accreditation organizations.
    (b) Accreditation Grants.--The Attorney General may make funds 
available to State, local, and Indian tribal law enforcement agencies 
under this title to assist in gaining or maintaining accreditation from 
certified law enforcement accreditation organizations.

SEC. 102. DEFINITIONS.

    In this title:
            (1) 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 
        Indian tribal level (such as the Commission on Accreditation of 
        Law Enforcement Agencies (CALEA)).
            (2) The term ``law enforcement agency'' means a State, 
        local, or Indian tribal public agency engaged in the 
        prevention, detection, or investigation of violations of 
        criminal laws.
            (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), the National Council of La Raza, the National Urban 
        League, the National Congress of American Indians, and the 
        National Asian Pacific American Legal Consortium (NAPALC)).
            (4) 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 groups and with the civilian community on matters 
        of common interest (such as the Hispanic American Police 
        Command Officers Association (HAPCOA), National Asian Pacific 
        Officers Association (NAPOA), National Black Police Association 
        (NBPA), National Latino Peace Officers Association (NLPOA), 
        National Organization of Black Law Enforcement Executives 
        (NOBLE), Native American Law Enforcement Association (NALEA), 
        International Association of Chiefs of Police (IACP), and 
        Fraternal Order of Police (FOP)).
            (5) 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 Indian tribal organizations that review 
        issues or complaints against law enforcement entities or 
        individuals (such as the National Association for Civilian 
        Oversight of Law Enforcement (NACOLE)).
            (6) 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.
            (7) The term ``State'' includes the District of Columbia, 
        the Commonwealth of Puerto Rico, the Commonwealth of the 
        Northern Mariana Islands, American Samoa, Guam, the Virgin 
        Islands, and any other territory or possession of the United 
        States.

             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 not-for-profit private entities, or to any 
multijurisdictional or regional consortia of such entities, 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) 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 programs, 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.--Grants made under 
subsection (a) shall 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 shall 
include the following characteristics:
            (1) Training.--Law enforcement policies, practices, and 
        procedures addressing training and instruction to comply with 
        accreditation standards in the areas of--
                    (A) the use of lethal and nonlethal force;
                    (B) responding to and reporting instances of law 
                enforcement misconduct, including but not limited to 
                use of excessive force or racial profiling;
                    (C) tactical and defensive strategy;
                    (D) arrests, searches, and handcuffing;
                    (E) professional verbal communications with 
                civilians;
                    (F) police interactions with youth, the mentally 
                ill, and monolingual, multi-cultural communities;
                    (G) proper traffic, pedestrian, airport, and other 
                enforcement stops; and
                    (H) community relations.
            (2) Recruitment, Hiring, Retention, and Promotion of 
        Diverse Law Enforcement Officers.--Policies, procedures, and 
        practices for--
                    (A) the hiring and recruitment of diverse law 
                enforcement agencies representative of the communities 
                they serve;
                    (B) the development of valid, job-related 
                educational and psychological standards; and
                    (C) initiatives to encourage residency and 
                continuing education.
            (3) 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 programs, and administrative due 
        process requirements inherent to complaint procedures for 
        members of the public and law enforcement.
            (4) Victim services.--Counseling services, including 
        psychological counseling, for individuals and communities 
        traumatized by law enforcement misconduct.
    (d) Amounts.--
            (1) Except as provided in paragraph (2), of the amounts 
        appropriated for the purposes of this title--
                    (A) 4 percent shall be available for grants to 
                Indian tribal governments;
                    (B) 20 percent shall be available for grants to 
                community-based organizations;
                    (C) 10 percent shall be available for grants to 
                professional law enforcement associations; and
                    (D) 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.
            (2) Of the amounts appropriated for the purposes of this 
        title, five percent shall be set aside for use by the Attorney 
        General for research, statistics, and evaluation activities 
        consistent with this title.
    (e) Technical Assistance.--
            (1) 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) 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 misconduct. Any development 
        of such models shall be in consultation with community-based 
        organizations and professional law enforcement associations.
    (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 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) Assurances.--An application for a grant under this 
        title shall contain assurances that the applicant shall 
        maintain a common set of core data elements that conform to the 
        Law Enforcement Management and Administrative Statistics 
        (LEMAS) program of the Bureau of Justice Statistics.
            (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.--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. Such monitoring component 
        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 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 deems reasonably 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 title:
            (1) The terms ``law enforcement accreditation 
        organization'', ``law enforcement agency'', ``community-based 
        organization'', and ``professional law enforcement 
        association'' have the meaning given such terms in section 102 
        of this Act.
            (2) The term ``private entity'' means a private security 
        organization engaged in the prevention, detection, or 
        investigation of violations of criminal laws and/or 
        organizational policy (such as airport security or department 
        store security).
            (3) 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 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 
                trends of unusual complaints.
            (4) 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.
            (5) The term ``State'' includes the District of Columbia, 
        the Commonwealth of Puerto Rico, the Commonwealth of the 
        Northern Mariana Islands, American Samoa, Guam, the Virgin 
        Islands, and any other territory or possession of the United 
        States.
    (l) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to support enhancements to 
the Law Enforcement Management and Administrative Statistics (LEMAS) 
program of the Bureau of Justice Statistics for the collection of 
information from grant recipients pursuant to subsection (b), and to 
support the national evaluation pursuant to subsection (i)(2).

            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 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 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 rules similar to New York City's 
        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.--
            (1) Initial analysis.--Not later than 1 year after the date 
        of the enactment of this title, the Attorney General shall 
        submit to Congress a report containing the results of its 
        initial analysis, make such report available to the public, and 
        identify the jurisdictions for which the study is to be 
        conducted.
            (2) Data collected.--Not later than 2 years after the date 
        of the enactment of this title, the Attorney General shall 
        submit to Congress a report containing the results of the data 
        collected under this title and cause a copy of such report to 
        be published in the Federal Register.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

         TITLE IV--ENHANCED FUNDING TO COMBAT POLICE MISCONDUCT

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for fiscal year 2001, in 
addition to any other sums authorized to be appropriated for this 
purpose--
            (1) $5,000,000 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 (18 U.S.C. 242 and 245), and administrative 
        enforcement by the Department of Justice's Office of Civil 
        Rights;
            (2) $3,300,000 for additional expenses related to conflict 
        resolution by the Department of Justice's Community Relations 
        Service; and
            (3) such sums as may be necessary to collect data on the 
        use of excessive force by law enforcement in accordance with 
        section 210402 of the Violent Crime Control and Law Enforcement 
        Act of 1994 (42 U.S.C. 14141).

   TITLE V--ENHANCED AUTHORITY IN PATTERN AND PRACTICE INVESTIGATIONS

SEC. 501. 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''.

SEC. 502. 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--
            (1) in subsection (b) by striking ``paragraph (1)'' and 
        inserting ``subsection (a)''; and
            (2) by adding at the end the following:
    ``(c) Civil Action by Aggrieved Person.--A person who is aggrieved 
by a violation of subsection (a) 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 and expert witness fees, as part of the costs. Fees 
may be awarded to a prevailing defendant only when a plaintiff's civil 
action is shown to be frivolous, unreasonable, or without foundation. 
The Attorney General may intervene as a party in a civil action brought 
under this subsection.''.

           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''; and
            (2) by adding at the end the following:
    ``(b)(1) Whoever, under color of any law, statute, ordinance, 
regulation, custom, or Indian tribal law, in any State, territory, 
commonwealth, possession, district, or Indian country, intentionally--
            ``(A) subjects, or attempts to subject, any person to force 
        exceeding that which is reasonably necessary to carry out a 
        legitimate law enforcement duty; or
            ``(B) engages in or causes any unwanted sexual act, or 
        unwanted sexual contact, with or by any other person, or 
        attempts to do so,
``shall be punished as prescribed under paragraph (2).
    ``(2)(A) The punishment for an offense under this subsection is a 
fine under this title, or imprisonment under subparagraph (B), or both.
    ``(B) The imprisonment for an offense under this subsection shall 
be--
            ``(i) if death results from the act committed in violation 
        of this subsection, imprisonment for any term of years or for 
        life;
            ``(ii) if bodily injury results from the act committed in 
        violation of this subsection, or if such act involves a sexual 
        act, or such act includes the use, threatened use, or attempted 
        use of a firearm or dangerous weapon, imprisonment for not more 
        than 10 years; and
            ``(iii) in any other case, imprisonment not to exceed 2 
        years.
    ``(3) As used in this subsection--
            ``(A) the term `sexual act' has the meaning set forth in 
        subparagraphs (A) through (C) of section 2246(2);
            ``(B) the term `sexual contact' has the meaning given such 
        term in section 2246(3); and
            ``(C) the term `bodily injury' has the meaning given such 
        term in section 1515(a)(5).
    ``(4) No prosecution of a case described in this subsection shall 
be undertaken, except upon certification 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.''.

SEC. 602. AVAILABILITY OF EXPERT WITNESS FEES IN 42 U.S.C. 1983 
              ACTIONS.

    Section 722 of the Revised Statutes of the United States (42 U.S.C. 
1988) is amended by striking ``or 1977A'' and inserting ``, 1977A, or 
1979''.

                 TITLE VII--STUDY OF DEATHS IN CUSTODY

SEC. 701. STUDY.

    Section 20104(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)(B), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraphs:
            ``(4) such 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, race, ethnicity, 
                immigration status, national origin, and age of the 
                deceased;
                    ``(B) the date, time, and location of death; and
                    ``(C) a brief description of the circumstances 
                surrounding the death.
            ``(5) such 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 medical treatment given to or withheld from any 
        person who was injured while in the process of arrest, 
        incarceration, or en route to be incarcerated at any municipal 
        or county jail, State prison, or other State or local 
        correctional facility (including any juvenile facility).''.

      TITLE VIII--NATIONAL TASK FORCE ON LAW ENFORCEMENT OVERSIGHT

SEC. 801. 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 at least 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 Coordination and Review 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; and
            (10) the unit within the Department of Justice assigned as 
        a liaison for civilian review boards.
    (c) Powers and Duties.--The Task Force shall--
            (1) coordinate investigative, prosecutorial, and 
        enforcement efforts of Federal, State, local, and Indian tribal 
        governments in cases related to law enforcement misconduct; and
            (2) consult with professional law enforcement associations 
        (as defined in section 102), labor organizations, and 
        community-based organizations (as defined in section 102) to 
        coordinate the process of the detection and referral of 
        complaints regarding incidents of alleged law enforcement 
        misconduct.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated $5,000,000 for each fiscal year to carry out this section.

          TITLE IX--IMMIGRATION ENFORCEMENT REVIEW COMMISSION

SEC. 901. CREATION OF IMMIGRATION ENFORCEMENT REVIEW COMMISSION.

    There is established a commission to be known as the Immigration 
Enforcement Review Commission (hereinafter in this title referred to as 
the ``Review Commission''). The Review Commission shall be comprised of 
a Board of Commissioners, an Investigations Office, and a Community 
Outreach Office. In the execution of its duties, the Review Commission 
shall comply with the requirements established in this title. The 
Immigration and Naturalization Service and the Customs Service 
(hereinafter in this title referred to as the ``Services'') shall 
cooperate fully with the Review Commission and its employees in 
carrying out the duties of the Review Commission under this title, and 
shall provide to the Commission such records as the Commission 
considers appropriate.

SEC. 902. DUTIES OF REVIEW COMMISSION.

    The Review Commission shall be responsible for investigating 
complaints of civil rights abuses against any of the Services, 
employees of any of the Services, divisions of any of the Services, or 
any facilities where detainees are held in custody of any of the 
Services. Based upon its findings, the Review Commission shall make 
recommendations to the Services to discipline employees of any of the 
Services responsible for committing abuses. The Review Commission shall 
also make policy recommendations to the Services as appropriate.

SEC. 903. BOARD OF COMMISSIONERS.

    (a) Composition of the Board of Commissioners.--The Board of 
Commissioners (hereinafter in this title referred to as the ``Board'') 
shall be composed of 7 members who shall be appointed by the President, 
in consultation with community-based organizations and professional law 
enforcement associations, by and with the advice and consent of the 
Senate. The President shall designate 1 member to serve as Director of 
the Board. Not more than 4 members may be of the same political party. 
The members of the Board shall be full-time employees.
    (b) Appointments and Terms of Office.--
            (1) Except as provided in paragraph (2), the term of each 
        Commissioner shall be 6 years.
            (2) Of the members first appointed, 4 shall be appointed to 
        terms of 3 years. Not more than 2 members appointed under this 
        paragraph may be of the same political party.
            (3) A member appointed to fill a vacancy occurring before 
        the expiration of the term for which that member's predecessor 
        was appointed shall be appointed only for the remainder of that 
        term.
            (4) No person shall serve as a member of the Board for more 
        than 2 terms.
    (c) Compensation.--Each member of the Board shall receive 
compensation at the annual rate of basic pay in effect for level V of 
the Executive Schedule.
    (d) Eligibility.--A member of the Board may not have been employed 
by any of the Services within the period beginning 5 years before 
appointment, or employed by any law enforcement agency within the 
period beginning 1 year before appointment.

SEC. 904. ADMINISTRATIVE PROVISIONS.

    (a) Investigations Office.--The Review Commission shall employ such 
investigative personnel as the Board considers advisable, in accordance 
with the civil service and classification laws. Investigators shall be 
charged with the responsibility of investigating all complaints brought 
to the Review Commission's attention.
    (b) Community Outreach Office.--The Board shall appoint a Director 
of Community Outreach. The Director of Community Outreach shall 
establish local community task forces to improve the working 
relationship between the Services and local community groups and 
organizations.
    (c) Review Commission Facilities.--The Review Commission shall 
establish a headquarters and 3 regional offices. The Review Commission 
may not maintain offices in a facility under the control or operation 
of any of the Services, or any facility in which any of the Services 
occupies space.
    (d) Personnel Limitation.--An employee of the Review Commission may 
not have been employed by any of the Services within the period 
beginning 5 years before appointment or employed by any law enforcement 
agency within the period beginning 1 year before appointment.
    (e) Regulations.--The Review Commission is authorized to promulgate 
such rules and regulations as may be necessary to carry out this title 
including procedures for the filing, investigation, and resolution of 
complaints.

SEC. 905. OPERATIONS OF REVIEW COMMISSION.

    (a) Complaint Forms.--
            (1) Complaint forms shall be made available at each 
        facility of any of the Services and shall be available upon 
        request from the Review Commission.
            (2) The complaint forms shall be written in languages 
        reflecting the languages of the immigrant population.
    (b) Filing of Complaints.--
            (1) Complaints may be filed in person, by mail, by 
        telephone, by facsimile, or by any other reasonable means. 
        Complaints may be filed by any person, including anonymously, 
        and may be filed on behalf of third parties. Complaints need 
        not be filed on the official complaint forms.
            (2) The Review Commission shall establish and operate a 
        multilingual, 24-hour, toll-free hotline to receive complaints.
            (3) Whenever possible, upon receipt of a complaint, the 
        Review Commission shall provide to the complainant information 
        which describes the review procedures of the Review Commission. 
        Such information shall be available in languages reflecting the 
        languages of the immigrant population.
    (c) Public Outreach.--
            (1) The Review Commission shall educate members of the 
        public about its functions and shall receive and actively seek 
        out suggestions from the public to improve the functioning of 
        the Review Commission.
            (2) The Review Commission shall develop outreach materials, 
        which shall include a description of the Review Commission, its 
        duties, and its complaint procedures. Such materials shall be 
        made available to the public in languages reflecting the 
        languages of the immigrant population.
            (3) The Review Commission shall oversee the display and 
        dissemination of outreach materials at each facility of any of 
        the Services.
    (d) Service Employees' Duty to Inform Commission.--
            (1) When a complaint of agent misconduct is brought to the 
        attention of an employee of any of the Services, that employee 
        shall promptly inform the complainant of proper procedures for 
        filing a complaint.
            (2) An employee of any of the Services who witnesses or 
        otherwise obtains actual knowledge of the use of force that is 
        unreasonable in light of the facts and circumstances and 
        involves another employee of any of the Services, shall report 
        such incident to the Review Commission within 24 hours of the 
        acquisition of knowledge of such incident.
            (3) The Review Commission may promulgate regulations 
        requiring employees of any of the Services to report to the 
        Commission other violations of the Services' operating 
        procedures.
    (e) Investigation of Complaints.--Each complaint shall be 
investigated by an investigator who shall complete and submit a written 
report to the Board of Commissioners within 60 days of the assignment, 
unless the Board authorizes an extension. The Services shall grant 
investigators access to information, documents, or other items relevant 
to the matter under investigation. The Board may issue subpoenas. Each 
employee of any of the Services shall cooperate fully with Review 
Commission investigations, subject to the protections afforded by the 
Constitution. Employees of the Services shall be advised of their 
constitutional rights and the procedural rights afforded under this 
title.
    (f) Disposition of Complaints.--
            (1) When the Board receives a written report on a complaint 
        from an investigator, the Board shall designate a panel of 3 of 
        its members (hereinafter in this title referred to as a 
        ``Panel'') to review the report.
            (2) A Panel shall conduct hearings on the complaint if--
                    (A) the alleged abuse is of a serious nature, as 
                defined by the regulations prescribed under authority 
                of this title; or
                    (B) the Panel, by majority vote, decides to hold a 
                hearing.
            (3) The Panel shall issue a written finding on the 
        complaint based on the report alone or on the report and a 
        hearing, if one is held.
            (4) The Panel shall forward its finding to both the 
        complainant and the employee. The complainant and the employee 
        shall have 30 days in which to review the Panel's official 
        finding. During the 30-day period, either the complainant or 
        the employee may take one of the following actions:
                    (A) If no hearing was held, request that the Panel 
                conduct a hearing. A hearing shall be held if one 
                member of the Panel votes to hold a hearing.
                    (B) Regardless of whether a hearing was held, 
                request an en banc review of the Panel's decision. An 
                en banc review will be granted if a majority of the 
                Board votes to conduct such review.
            (5) If neither party makes a request pursuant to 
        subparagraphs (A) or (B) of paragraph (4), or if such a request 
        is denied, then the Board, promptly, shall report its finding 
        to the appropriate Service.
            (6) All findings made by the Board of Commissioners sitting 
        en banc shall be reported directly to the appropriate Service 
        with copies to the complainant and the employee.
    (g) Hearings.--
            (1) Both the complainant and the subject employee shall 
        have the right to be represented by counsel or other 
        representative at Board hearings, to present witnesses, and to 
        cross-examine witnesses.
            (2) Any finding of a violation on the part of an employee 
        by the Board must be established by a preponderance of the 
        evidence.
            (3)(A) Except as provided in subparagraph (B), hearings 
        shall be open to the public and transcripts of hearings shall 
        be available to the public.
            (B) For good cause the Board of Commissioners may close to 
        the public all or any part of a hearing and may seal all or any 
        part of the transcript of a hearing.
            (4) Unless mandated by unusual circumstances, a hearing 
        shall be conducted in one location within the United States 
        that is generally convenient to the complainant and any 
        potential witnesses.
    (h) Disciplinary Recommendations.--
            (1) When a finding of a violation may constitute a criminal 
        offense, the Board shall inform the appropriate Federal or 
        State authorities so that appropriate prosecutorial action may 
        be considered. Prosecutorial action shall not relieve the Board 
        of its duties under this title.
            (2) When a complaint has been substantiated, the Board 
        shall recommend disciplinary action against the subject 
        employee. The Board's recommendations shall be based on a 
        schedule of sanctions determined by the Commission. If the 
        Service does not adopt the recommendations of the Board, it 
        shall provide a written explanation of the grounds for refusal 
        to do so within 30 days of the Board's recommendation. The 
        Commission's recommendations and the Service's explanation 
        shall be made public.
            (3) Nothing in this title shall affect the authority of the 
        Services to discipline their employees.
    (i) Early Warning Program.--The Review Commission shall conduct a 
periodic review of all complaints in order to determine whether 
particular Service employees have been the subject of repeated 
complaints or have otherwise demonstrated they may be having difficulty 
dealing appropriately with members of the public. The results of this 
review shall be presented to the Services. The Review Commission shall 
make recommendations to the Services with respect to so identified 
Service employees including, but not limited to, recommendations of 
training or counseling.
    (j) Records of Complaints and Statistical Summaries.--The Review 
Commission shall maintain records of complaints, including a summary of 
reports made pursuant to the Early Warning Program under subsection 
(i). The Review Commission shall compile and publish, at least 
annually, a statistical summary of all complaints received and the 
dispositions of such complaints.

SEC. 906. RETALIATION.

    (a) Retaliation Prohibited.--Retaliation is prohibited and shall 
constitute the basis for a complaint to the Commission.
    (b) Definition.--For the purposes of this title, the term 
``retaliation'' means any action or threat of action against a person, 
including a Service employee, because such person filed a complaint, 
testified, assisted, or participated in any manner in an investigation 
or hearing related to the complaint procedures established by this 
title.

SEC. 907. LIMITATION ON USE OF TESTIMONY.

    No testimony or other information gathered as part of a complaint, 
investigation, or hearing under this title may be used in any 
proceeding under the Immigration and Nationality Act.

SEC. 908. FUNDING.

    Funds authorized to be appropriated for the Office of the Inspector 
General of the Department of Justice and the Office of the Inspector 
General of the Department of the Treasury are authorized to be 
available to carry out this title.

          TITLE X--FEDERAL DATA COLLECTION ON RACIAL PROFILING

SEC. 1001. DATA COLLECTION.

    (a) In General.--The Attorney General, the Secretary of the 
Treasury, and the Secretary of the Interior shall collect data that is 
sufficiently detailed to permit an analysis of investigatory actions 
carried out by Federal law enforcement agencies including, but not 
limited to, the Immigration and Naturalization Service, the Drug 
Enforcement Administration, the Customs Service, and the National Park 
Service by race, ethnicity, and gender.
    (b) Investigatory Actions Included.--For purposes of subsection 
(a), investigatory actions include traffic stops, pedestrian stops, 
inspections and interviews of entrants into the United States that are 
more extensive than those customarily carried out, requests for consent 
to search, and warrantless searches. Data shall also be collected on 
the type of search conducted and on the results of the searches 
included in the data collection.
    (c) Reports.--
            (1) Department reports.--Not later than 1 year after the 
        date of the enactment of this section--
                    (A) each official referred to in subsection (a) 
                shall prepare a report on the data collected pursuant 
                to that subsection, including a description of any 
                civilian complaints received alleging bias based on the 
                race, ethnicity, or gender of the complainant in law 
                enforcement activities, the process for investigating 
                and resolving such complaints, and the outcomes of any 
                such investigations; and
                    (B) each official referred to in subsection (a) 
                other than the Attorney General shall transmit such 
                report to the Attorney General.
            (2) Master report.--The Attorney General shall promptly--
                    (A) analyze each report prepared under paragraph 
                (1);
                    (B) prepare, in consultation with the heads of 
                relevant agencies, a master report containing those 
                analyses, which shall include the training programs, 
                policies, and practices regarding the use of race, 
                ethnicity, and gender in the law enforcement activities 
                of those agencies and the recommendations of the 
                Attorney General for improving those programs, 
                policies, and practices; and
                    (C) transmit such master report to the President.
            (3) Protection of individual identities.--The reports 
        prepared under paragraph (1) and the master report prepared 
        under paragraph (2) shall not include any information likely to 
        reveal the identity of any individual.

                   TITLE XI--WHISTLEBLOWER PROTECTION

SEC. 1101. PROHIBITION AGAINST DISCRIMINATION OR RETALIATION.

    (a) In General.--No person shall retaliate or discriminate in any 
manner against any local, State, Indian tribal, or Federal law 
enforcement officer because the officer acting in good faith--
            (1) engaged in any disclosure of information relating to 
        the unlawful behavior of any fellow officer in the line of 
        duty;
            (2) advocated on behalf of a civilian with respect to the 
        treatment received from a law enforcement officer; or
            (3) initiated, cooperated, or otherwise participated in any 
        investigation or proceeding of any law enforcement agency 
        relating to a pattern and practice of officer misconduct.
    (b) Attempts.--No person shall retaliate or discriminate in any 
manner against any law enforcement officer because the officer has 
attempted or has an intention to engage in an action for which a 
protection against discrimination or retaliation is provided under 
subsection (a).
    (c) Restrictions on Reporting Prohibited.--No person shall by 
contract, policy, or procedure prohibit or restrict any law enforcement 
officer from engaging in any action for which a protection against 
discrimination or retaliation is provided under subsection (a).
    (d) Confidential Information.--This section does not protect 
disclosures that would violate Federal, State, or Indian tribal law or 
diminish or impair the rights of any person to the continued protection 
of confidentiality of communications provided by State, Indian tribal 
or Federal law.
    (e) Good Faith Action.--A law enforcement officer with respect to 
the conduct described in paragraph (1) of subsection (a) shall be 
considered to be acting in good faith for purposes of that subsection 
if the officer reasonably believes that--
            (1) the information is true; and
            (2) the information disclosed by the law enforcement 
        officer--
                    (A) evidences a violation of any law, rule, or 
                regulation, or of a generally recognized professional 
                or legal standard; or
                    (B) relates to services or conditions which 
                potentially endangers 1 or more officers or civilians.

SEC. 1102. CONFIDENTIALITY OF COMPLAINTS TO GOVERNMENT AGENCIES.

    The identity of a law enforcement officer who complains in good 
faith to a government agency or department about the unlawful practices 
of a law enforcement agency shall remain confidential and shall not be 
disclosed by any person except upon the knowing written consent of the 
law enforcement officer. This section shall not preempt any right of 
confrontation protected by the Constitution or by Federal, State, or 
Indian tribal law.

SEC. 1103. ENFORCEMENT.

    (a) Private Cause of Action.--
            (1) Any law enforcement officer who believes that he or she 
        has been retaliated or discriminated against in violation of 
        section 1101 may file a civil action in any Federal, State, or 
        Indian tribal court of competent jurisdiction against the 
person believed to have violated section 1101.
            (2) If the court determines that a violation of section 
        1101 has occurred, the court shall award such damages which 
        result from that violation, including compensatory damages, 
        reinstatement, reimbursement of any wages, salary, employment 
        benefits, or other compensation denied or lost to such employee 
        by reason of the violation, as well as punitive damages, 
        attorneys' fees, and costs (including expert witness fees). The 
        court shall award interest on the amount of damages awarded at 
        the prevailing rate.
            (3) The court may issue temporary, preliminary, and 
        permanent injunctive relief restraining violations of section 
        1101, including the restraint of any withholding of the payment 
        of wages, salary, employment benefits, or other compensation, 
        plus interest, found by the court to be due and the restraint 
        of any other change in the terms and conditions of employment, 
        and may award such other equitable relief as may be 
        appropriate, including employment, reinstatement, and 
        promotion.
            (4) An action may be brought under this subsection not 
        later than 2 years after the date of the last event 
        constituting the alleged violation for which the action is 
        brought.
    (b) Civil Penalty.--Any person who violates a provision of section 
1101 shall be subject to a civil penalty of not to exceed $10,000 for 
each violation. In determining the amount of any penalty under this 
subsection, the appropriateness of such penalty to the size of the 
business of the person charged and the gravity of the violation shall 
be considered. The amount of any penalty under this subsection, when 
finally determined, may be--
            (1) deducted from any sums owing by the United States to 
        the person charged; or
            (2) ordered by the court, in an action brought for a 
        violation of section 1101 brought by the law enforcement 
        officer who suffered retaliation or discrimination.
    (c) Criminal Penalty.--Any person who willfully and repeatedly 
violates a provision of section 1101 and such violation is related to--
            (1) a pattern or practice of such violations;
            (2) a quality of services that would likely lead to serious 
        injury or death to civilians or law enforcement officers; or
            (3) retaliation against a law enforcement officer that 
        could lead to serious injury or death;
shall be fined under title 18, United States Code, imprisoned for not 
more than 1 year, or both.

SEC. 1104. BURDEN OF PROOF.

    (a) On Complainant.--In any civil action brought under this title, 
the complainant shall have the initial burden of making a prima facie 
showing that behavior described in subsections (a) through (c) of 
section 1101 was a contributing factor in the adverse action or 
inaction alleged in the complaint. A prima facie case shall be 
established if the complainant can show that--
            (1) the respondent knew of the complainant's protected 
        activities at the time that the alleged unfavorable action or 
        inaction was taken; and
            (2) the discriminatory action occurred within a period of 
        time such that a reasonable person could conclude that an 
        activity protected under section 1101 was a contributing factor 
        in the discriminatory treatment.
    (b) On Respondent.--Once the complainant establishes a prima facie 
case, the burden shifts to the respondent to demonstrate, by clear and 
convincing evidence, that it would have taken the same adverse action 
or inaction in the absence of such behavior.

SEC. 1105. DEFINITIONS.

    For purposes of this title:
            (1) The term ``discrimination or retaliation'' includes a 
        threat, intimidation, or any adverse change in a law 
        enforcement officer's wages, benefits, or terms or conditions 
        of employment. In the case of a law enforcement officer who is 
        not an employee of the law enforcement agency, such term 
        includes any adverse action taken against the worker or the 
        worker's employer, including the cancellation of or refusal to 
        renew a contract with the law enforcement officer or the 
        employer.
            (2) The term ``person'' includes an institution, Federal, 
        State, Indian tribal, or local governmental entity, or any 
        other public or private entity.

SEC. 1106. NOTICE.

    (a) In General.--Each law enforcement agency shall post and keep 
posted, in conspicuous places on the premises of the law enforcement 
agency where notices to employees and applicants for employment are 
customarily posted, a notice, to be prepared or approved by the 
Attorney General, setting forth excerpts from, or summaries of, the 
pertinent provisions of this title and information pertaining to the 
filing of a charge under section 1101.
    (b) Penalty.--Any law enforcement agency that willfully violates 
this section may be assessed by the Attorney General a civil penalty 
not to exceed $100 for each separate offense.

SEC. 1107. NONPREEMPTION.

    Nothing in this title preempts any other law, and nothing in this 
title shall be construed or interpreted to impair or diminish in any 
way the authority of any State to enact and enforce any law which 
provides equivalent or greater protections for law enforcement officers 
or the disclosure of unsafe practices in a law enforcement agency.

SEC. 1108. EFFECTIVE DATE.

    This title shall apply to acts of retaliation or discrimination 
occurring on or after the first day of the first month that begins 
after the date of the enactment of this title.

           TITLE XII--SEXUAL ABUSE IN CORRECTIONAL FACILITIES

SEC. 1201. INCREASED PENALTIES AND EXPANDED JURISDICTION FOR SEXUAL 
              ABUSE OFFENSES IN CORRECTIONAL FACILITIES.

    Chapter 109A of title 18, United States Code, is amended--
            (1) by inserting after ``in a Federal prison,'' each place 
        it appears the following: ``or in the custody of the Attorney 
        General or the Bureau of Prisons, or in confinement in any 
        institution or facility by direction of the Attorney 
        General,'';
            (2) in section 2243(b), by striking ``one year'' and 
        inserting ``three years'';
            (3) in section 2244(a)(4), by striking ``six months'' and 
        inserting ``two years''; and
            (4) in section 2244(b), by striking ``six months'' and 
        inserting ``two years''.
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