[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2875 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2875

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 2015

 Mr. Conyers (for himself, Ms. Jackson Lee, Mr. Lewis, Mr. Hoyer, Mr. 
Clyburn, Ms. Judy Chu of California, Mr. Grijalva, Mr. Butterfield, Mr. 
 Ellison, Mr. Nadler, Ms. Lofgren, Mr. Cohen, Mr. Johnson of Georgia, 
 Mr. Pierluisi, Mr. Deutch, Mr. Gutierrez, Ms. Bass, Mr. Richmond, Ms. 
    DelBene, Mr. Jeffries, Mr. Cicilline, Mr. Rangel, Mr. Bishop of 
Georgia, Ms. Norton, Mr. Hastings, Mr. Rush, Mr. Scott of Virginia, Mr. 
  Thompson of Mississippi, Mr. Blumenauer, Ms. Lee, Mr. Clay, Mr. Van 
 Hollen, Ms. Moore, Ms. Clarke of New York, Ms. Edwards, Ms. Kelly of 
 Illinois, Mr. DeSaulnier, Mrs. Lawrence, and Ms. Plaskett) introduced 
    the following bill; which was 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.

    This Act may be cited as the ``Law Enforcement Trust and Integrity 
Act of 2015''.

                 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.
            (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 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 early warning 
        systems and related intervention programs, use of force 
        procedures, civilian review procedures, traffic and pedestrian 
        stop and search procedures, data collection and transparency, 
        administrative due process requirements, video monitoring 
        technology, juvenile justice and school safety, 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 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 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 
        tribal level (such as the Commission on Accreditation for Law 
        Enforcement Agencies (CALEA)).
            (2) 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.
            (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), Women in Law Enforcement, Native American Law 
        Enforcement Association (NALEA), International Association of 
        Chiefs of Police (IACP), National Sheriffs' Association (NSA), 
        Fraternal Order of Police (FOP), and National Association of 
        School Resource Officers).
            (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 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)).

             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.--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. 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, nonlethal force, and de-
                escalation;
                    (B) investigation of misconduct and practices and 
                procedures for referral to prosecuting authorities use 
                of deadly force or racial profiling;
                    (C) disproportionate minority contact by law 
                enforcement;
                    (D) tactical and defensive strategy;
                    (E) arrests, searches, and restraint;
                    (F) professional verbal communications with 
                civilians;
                    (G) interactions with youth, the mentally ill, and 
                limited English proficiency, multi-cultural 
                communities;
                    (H) proper traffic, pedestrian, and other 
                enforcement stops; and
                    (I) community relations and bias awareness.
            (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 officers representative of the communities 
                they serve;
                    (B) the development of selection, promotion, 
                educational, background, and psychological standards 
                that comport with title VII of the Civil Rights Act (42 
                U.S.C. 2000e et seq.); and
                    (C) initiatives to encourage residency in the 
                jurisdiction served by the law enforcement agency 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 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.
            (4) 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.
            (5) Victim services.--Counseling services, including 
        psychological counseling, for individuals and communities 
        impacted by law enforcement misconduct.
    (d) Amounts.--Of the amounts appropriated for the purposes of 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) 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.
    (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 as defined in section 102.
            (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 privately operated campus public 
        safety units 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 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.

            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 
        preinterview 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 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.

         TITLE IV--ENHANCED FUNDING TO COMBAT POLICE MISCONDUCT

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for fiscal year 2016, in 
addition to any other sums authorized to be appropriated for this 
purpose, $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. 241 and 
242), and administrative enforcement by the Department of Justice, and 
$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 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 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) Office of Tribal Justice; and
            (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 (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 VI--FEDERAL DATA COLLECTION ON LAW ENFORCEMENT PRACTICES

SEC. 601. FEDERAL DATA COLLECTION ON LAW ENFORCEMENT PRACTICES.

    (a) Agencies To Report.--Each Federal and 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 the Omnibus Crime Control and 
        Safe Streets Act of 1968 (42 U.S.C. 3755(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 each State and local 
        law enforcement agency 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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