[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3195 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3195

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 11, 2018

  Mr. Cardin introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Law Enforcement 
Trust and Integrity Act of 2018''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                 TITLE I--LAW ENFORCEMENT ACCREDITATION

Sec. 101. Accreditation of law enforcement agencies.
             TITLE II--LAW ENFORCEMENT DEVELOPMENT PROGRAMS

Sec. 201. Law enforcement grants.
            TITLE III--ADMINISTRATIVE DUE PROCESS PROCEDURES

Sec. 301. Attorney General to conduct study.
   TITLE IV--ENHANCED FUNDING TO COMBAT POLICE MISCONDUCT AND REFORM 
                           POLICE DEPARTMENTS

Sec. 401. Authorization of appropriations.
       TITLE V--NATIONAL TASK FORCE ON LAW ENFORCEMENT OVERSIGHT

Sec. 501. National task force on law enforcement oversight.
     TITLE VI--FEDERAL DATA COLLECTION ON LAW ENFORCEMENT PRACTICES

Sec. 601. Federal data collection on law enforcement practices.
       TITLE VII--MEDALLIONS FOR FALLEN LAW ENFORCEMENT OFFICERS

Sec. 701. Medallions for fallen law enforcement officers.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Community-based organization.--The term ``community-
        based organization'' means a grassroots organization that 
        monitors the issue of police misconduct and that has a national 
        presence and membership, such as the National Association for 
        the Advancement of Colored People (NAACP), the American Civil 
        Liberties Union (ACLU), the National Council of La Raza, the 
        National Urban League, the National Congress of American 
        Indians, or the National Asian Pacific American Legal 
        Consortium (NAPALC).
            (2) Law enforcement accreditation organization.--The term 
        ``law enforcement accreditation organization'' means a 
        professional law enforcement organization involved in the 
        development of standards of accreditation for law enforcement 
        agencies at the national, State, regional, or tribal level, 
        such as the Commission on Accreditation for Law Enforcement 
        Agencies (CALEA).
            (3) Law enforcement agency.--The term ``law enforcement 
        agency'' means a State, local, Indian tribal, or campus public 
        agency engaged in the prevention, detection, or investigation, 
        prosecution, or adjudication of violations of criminal laws.
            (4) Professional law enforcement association.--The term 
        ``professional law enforcement association'' means a law 
        enforcement membership association that works for the needs of 
        Federal, State, local, or Indian tribal law enforcement 
        agencies and with the civilian community on matters of common 
        interest, such as the Hispanic American Police Command Officers 
        Association (HAPCOA), the National Asian Pacific Officers 
        Association (NAPOA), the National Black Police Association 
        (NBPA), the National Latino Peace Officers Association (NLPOA), 
        the National Organization of Black Law Enforcement Executives 
        (NOBLE), Women in Law Enforcement, the Native American Law 
        Enforcement Association (NALEA), the International Association 
        of Chiefs of Police (IACP), the National Sheriffs' Association 
        (NSA), the Fraternal Order of Police (FOP), and the National 
        Association of School Resource Officers.
            (5) Professional civilian oversight organization.--The term 
        ``professional civilian oversight organization'' means a 
        membership organization formed to address and advance the cause 
        of civilian oversight of law enforcement and whose members are 
        from Federal, State, regional, local, or tribal organizations 
        that review issues or complaints against law enforcement 
        agencies or individuals, such as the National Association for 
        Civilian Oversight of Law Enforcement (NACOLE).

                 TITLE I--LAW ENFORCEMENT ACCREDITATION

SEC. 101. ACCREDITATION OF LAW ENFORCEMENT AGENCIES.

    (a) Standards.--
            (1) Initial analysis.--The Attorney General shall perform 
        an initial analysis of existing accreditation standards and 
        methodology developed by law enforcement accreditation 
        organizations nationwide, including national, State, regional, 
        and tribal accreditation organizations. Such an analysis shall 
        include a review of the recommendations of the Final Report of 
        the President's Taskforce on 21st Century Policing, issued in 
        May 2015.
            (2) Development of uniform standards.--After completion of 
        the initial review and analysis under paragraph (1), the 
        Attorney General shall--
                    (A) recommend, in consultation with law enforcement 
                accreditation organizations, the adoption of additional 
                standards that will result in greater community 
                accountability of law enforcement agencies and an 
                increased focus on policing with a guardian mentality, 
                including standards relating to--
                            (i) early warning systems and related 
                        intervention programs;
                            (ii) use of force procedures;
                            (iii) civilian review procedures;
                            (iv) traffic and pedestrian stop and search 
                        procedures;
                            (v) data collection and transparency;
                            (vi) administrative due process 
                        requirements;
                            (vii) video monitoring technology;
                            (viii) juvenile justice and school safety; 
                        and
                            (ix) training; and
                    (B) recommend additional areas for the development 
                of national standards for the accreditation of law 
                enforcement agencies in consultation with existing law 
                enforcement accreditation organizations, professional 
                law enforcement associations, labor organizations, 
                community-based organizations, and professional 
                civilian oversight organizations.
            (3) Continuing accreditation process.--The Attorney General 
        shall adopt policies and procedures to partner with law 
        enforcement accreditation organizations, professional law 
        enforcement associations, labor organizations, community-based 
        organizations, and professional civilian oversight 
        organizations to continue the development of further 
        accreditation standards consistent with paragraph (2) and to 
        encourage the pursuit of accreditation of Federal, State, 
        local, and tribal law enforcement agencies by certified law 
        enforcement accreditation organizations.
    (b) Accreditation Grants.--The Attorney General may make funds 
available to State, local, tribal law enforcement agencies, and campus 
public safety departments under this section to assist in gaining or 
maintaining accreditation from certified law enforcement accreditation 
organizations.

             TITLE II--LAW ENFORCEMENT DEVELOPMENT PROGRAMS

SEC. 201. LAW ENFORCEMENT GRANTS.

    (a) Grant Authorization.--The Attorney General may make grants to 
States, units of local government, Indian tribal governments, or other 
public and private entities, or to any multijurisdictional or regional 
consortia of such entities, to study and implement effective 
management, training, recruiting, hiring, and oversight standards and 
programs to promote effective community and problem solving strategies 
for law enforcement agencies.
    (b) Project Grants To Study Law Enforcement Agency Management.--
Grants made under subsection (a) shall be used for the study of 
management and operations standards for law enforcement agencies, 
including standards relating to administrative due process, residency 
requirements, compensation and benefits, use of force, racial 
profiling, early warning systems, juvenile justice, school safety, 
civilian review boards or analogous procedures, or research into the 
effectiveness of existing programs, projects, or other activities 
designed to address misconduct by law enforcement officers.
    (c) Project Grants To Develop Pilot Programs.--
            (1) In general.--Grants made under subsection (a) shall 
        also be used to develop pilot programs and implement effective 
        standards and programs in the areas of training, hiring and 
        recruitment, and oversight that are designed to improve 
        management and address misconduct by law enforcement officers.
            (2) Components of pilot program.--A pilot program developed 
        under paragraph (1) shall include the following:
                    (A) Training.--Law enforcement policies, practices, 
                and procedures addressing training and instruction to 
                comply with accreditation standards in the areas of--
                            (i) the use of lethal, nonlethal force, and 
                        de-escalation;
                            (ii) investigation of misconduct and 
                        practices and procedures for referral to 
                        prosecuting authorities use of deadly force or 
                        racial profiling;
                            (iii) disproportionate minority contact by 
                        law enforcement;
                            (iv) tactical and defensive strategy;
                            (v) arrests, searches, and restraint;
                            (vi) professional verbal communications 
                        with civilians;
                            (vii) interactions with youth, the mentally 
                        ill, and limited English proficiency, multi-
                        cultural communities;
                            (viii) proper traffic, pedestrian, and 
                        other enforcement stops; and
                            (ix) community relations and bias 
                        awareness.
                    (B) Recruitment, hiring, retention, and promotion 
                of diverse law enforcement officers.--Policies, 
                procedures, and practices for--
                            (i) the hiring and recruitment of diverse 
                        law enforcement officers representative of the 
                        communities they serve;
                            (ii) the development of selection, 
                        promotion, educational, background, and 
                        psychological standards that comport with title 
                        VII of the Civil Rights Act of 1964 (42 U.S.C. 
                        2000e et seq.); and
                            (iii) initiatives to encourage residency in 
                        the jurisdiction served by the law enforcement 
                        agency and continuing education.
                    (C) Oversight.--Complaint procedures, including the 
                establishment of civilian review boards or analogous 
                procedures for jurisdictions across a range of sizes 
                and agency configurations, complaint procedures by 
                community-based organizations, early warning systems 
                and related intervention programs, video monitoring 
                technology, data collection and transparency, and 
                administrative due process requirements inherent to 
                complaint procedures for members of the public and law 
                enforcement.
                    (D) Juvenile justice and school safety.--The 
                development of uniform standards on juvenile justice 
                and school safety, including standards relating to 
                interaction and communication with juveniles, physical 
                contact, use of lethal and nonlethal force, 
                notification of a parent or guardian, interviews and 
                questioning, custodial interrogation, audio and video 
                recording, conditions of custody, alternatives to 
                arrest, referral to child protection agencies, and 
                removal from school grounds or campus.
                    (E) Victim services.--Counseling services, 
                including psychological counseling, for individuals and 
                communities impacted by law enforcement misconduct.
    (d) Amounts.--Of the amounts appropriated to carry out this title--
            (1) 4 percent shall be available for grants to Indian 
        tribal governments;
            (2) 20 percent shall be available for grants to community-
        based organizations;
            (3) 10 percent shall be available for grants to 
        professional law enforcement associations; and
            (4) the remaining funds shall be available for grants to 
        applicants in each State in an amount that bears the same ratio 
        to the amount of remaining funds as the population of the State 
        bears to the population of all of the States.
    (e) Technical Assistance.--
            (1) In general.--The Attorney General may provide technical 
        assistance to States, units of local government, Indian tribal 
        governments, and to other public and private entities, in 
        furtherance of the purposes of this section.
            (2) Models for reduction of law enforcement misconduct.--
        The technical assistance provided by the Attorney General may 
        include the development of models for State, local, and Indian 
        tribal governments, and other public and private entities, to 
        reduce law enforcement officer misconduct. Any development of 
        such models shall be in consultation with community-based 
        organizations.
    (f) Use of Components.--The Attorney General may use any component 
or components of the Department of Justice in carrying out this title.
    (g) Matching Funds.--
            (1) In general.--Except in the case of an Indian tribal 
        government or nonprofit community-based organization, the 
        portion of the costs of a program, project, or activity 
        provided by a grant under subsection (a) may not exceed 75 
        percent.
            (2) Waivers.--The Attorney General may waive, wholly or in 
        part, the requirement under paragraph (1) of a non-Federal 
        contribution to the costs of a program, project, or activity.
    (h) Applications.--
            (1) Application.--An application for a grant under this 
        title shall be submitted in such form, and contain such 
        information, as the Attorney General may prescribe by 
        guidelines.
            (2) Priority.--For law enforcement agency applications, 
        priority shall be given to applicants seeking or having been 
        awarded accreditation from national law enforcement 
        accreditation organizations.
            (3) Approval.--A grant may not be made under this title 
        unless an application has been submitted to, and approved by, 
        the Attorney General.
    (i) Performance Evaluation.--
            (1) Monitoring components.--
                    (A) In general.--Each program, project, or activity 
                funded under this title shall contain a monitoring 
                component, which shall be developed pursuant to 
                guidelines established by the Attorney General.
                    (B) Requirement.--Each monitoring component 
                required under subparagraph (A) shall include 
                systematic identification and collection of data about 
                activities, accomplishments, and programs throughout 
                the life of the program, project, or activity and 
                presentation of such data in a usable form.
            (2) Evaluation components.--
                    (A) In general.--Selected grant recipients shall be 
                evaluated on the local level or as part of a national 
                evaluation, pursuant to guidelines established by the 
                Attorney General.
                    (B) Requirements.--An evaluation conducted under 
                subparagraph (A) may include independent audits of 
                police behavior and other assessments of individual 
                program implementations. In selected jurisdictions that 
                are able to support outcome evaluations, the 
                effectiveness of funded programs, projects, and 
                activities may be required.
            (3) Periodic review and reports.--The Attorney General may 
        require a grant recipient to submit biannually to the Attorney 
        General the results of the monitoring and evaluations required 
        under paragraphs (1) and (2) and such other data and 
        information as the Attorney General determines to be necessary.
    (j) Revocation or Suspension of Funding.--If the Attorney General 
determines, as a result of monitoring under subsection (i) or 
otherwise, that a grant recipient under this title is not in 
substantial compliance with the terms and requirements of the approved 
grant application submitted under subsection (h), the Attorney General 
may revoke or suspend funding of that grant, in whole or in part.
    (k) Definitions.--In this section--
            (1) the term ``civilian review board'' means an 
        administrative entity that--
                    (A) is independent and adequately funded;
                    (B) has investigatory authority and staff subpoena 
                power;
                    (C) has representative community diversity;
                    (D) has policymaking authority;
                    (E) provides advocates for civilian complainants;
                    (F) has mandatory police power to conduct hearings; 
                and
                    (G) conducts statistical studies on prevailing 
                complaint trends; and
            (2) the term ``private entity'' means a private security 
        organization engaged in the prevention, detection, or 
        investigation of violations of criminal laws or organizational 
        policy, such as privately operated campus public safety units 
        or department store security.

            TITLE III--ADMINISTRATIVE DUE PROCESS PROCEDURES

SEC. 301. ATTORNEY GENERAL TO CONDUCT STUDY.

    (a) Study.--
            (1) In general.--The Attorney General shall conduct a 
        nationwide study of the prevalence and effect of any law, rule, 
        or procedure that allows a law enforcement officer to delay the 
        response to questions posed by a local internal affairs 
        officer, or review board on the investigative integrity and 
        prosecution of law enforcement misconduct, including pre-
        interview warnings and termination policies.
            (2) Initial analysis.--The Attorney General shall perform 
        an initial analysis of existing State statutes to determine 
        whether, at a threshold level, the effect of this type of rule 
        or procedure raises material investigatory issues that could 
        impair or hinder a prompt and thorough investigation of 
        possible misconduct, including criminal conduct, that would 
        justify a wider inquiry.
            (3) Data collection.--After completion of the initial 
        analysis under paragraph (2), and considering material 
        investigatory issues, the Attorney General shall gather 
        additional data nationwide on similar rules from a 
        representative and statistically significant sample of 
        jurisdictions, to determine whether such rules and procedures 
        raise such material investigatory issues.
    (b) Reporting.--
            (1) Initial analysis.--Not later than 120 days after the 
        date of the enactment of this Act, the Attorney General shall--
                    (A) submit to Congress a report containing the 
                results of the initial analysis conducted under 
                subsection (a)(2);
                    (B) make the report submitted under subparagraph 
                (A) available to the public; and
                    (C) identify the jurisdictions for which the study 
                described in subsection (a)(1) is to be conducted.
            (2) Data collected.--Not later than 2 years after the date 
        of the enactment of this Act, the Attorney General shall submit 
        to Congress a report containing the results of the data 
        collected under this section and publish the report in the 
        Federal Register.

   TITLE IV--ENHANCED FUNDING TO COMBAT POLICE MISCONDUCT AND REFORM 
                           POLICE DEPARTMENTS

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for fiscal year 2019, in 
addition to any other sums authorized to be appropriated for this 
purpose--
            (1) $25,000,000 for additional expenses relating to the 
        enforcement of section 210401 of the Violent Crime Control and 
        Law Enforcement Act of 1994 (34 U.S.C. 12601), criminal 
        enforcement under sections 241 and 242 of title 18, United 
        States Code, and administrative enforcement by the Department 
        of Justice, including compliance with consent decrees or 
        judgments entered into under such section 210401; and
            (2) $3,300,000 for additional expenses related to conflict 
        resolution by the Department of Justice's Community Relations 
        Service.

       TITLE V--NATIONAL TASK FORCE ON LAW ENFORCEMENT OVERSIGHT

SEC. 501. NATIONAL TASK FORCE ON LAW ENFORCEMENT OVERSIGHT.

    (a) Establishment.--There is established within the Department of 
Justice a task force to be known as the Task Force on Law Enforcement 
Oversight (hereinafter in this title referred to as the ``Task 
Force'').
    (b) Composition.--The Task Force shall be composed of individuals 
appointed by the Attorney General, who shall appoint not less than 1 
individual from each of the following:
            (1) The Special Litigation Section of the Civil Rights 
        Division.
            (2) The Criminal Section of the Civil Rights Division.
            (3) The Federal Coordination and Compliance Section of the 
        Civil Rights Division.
            (4) The Employment Litigation Section of the Civil Rights 
        Division.
            (5) The Disability Rights Section of the Civil Rights 
        Division.
            (6) The Office of Justice Programs.
            (7) The Office of Community Oriented Policing Services 
        (COPS).
            (8) The Corruption/Civil Rights Section of the Federal 
        Bureau of Investigation.
            (9) The Community Relations Service.
            (10) The Office of Tribal Justice.
            (11) The unit within the Department of Justice assigned as 
        a liaison for civilian review boards.
    (c) Powers and Duties.--The Task Force shall consult with 
professional law enforcement associations, labor organizations, and 
community-based organizations to coordinate the process of the 
detection and referral of complaints regarding incidents of alleged law 
enforcement misconduct.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 for each fiscal year to carry out this section.

     TITLE VI--FEDERAL DATA COLLECTION ON LAW ENFORCEMENT PRACTICES

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

    (a) Agencies To Report.--Each Federal, State, and local law 
enforcement agency shall report data of the practices of that agency to 
the Attorney General.
    (b) Breakdown of Information by Race, Ethnicity, and Gender.--For 
each practice enumerated in subsection (c), the reporting law 
enforcement agency shall provide a breakdown of the numbers of 
incidents of that practice by race, ethnicity, age, and gender of the 
officers and employees of the agency and of members of the public 
involved in the practice.
    (c) Practices To Be Reported on.--The practices to be reported on 
are the following:
            (1) Traffic violation stops.
            (2) Pedestrian stops.
            (3) Frisk and body searches.
            (4) Instances where officers or employees of the law 
        enforcement agency used deadly force, including--
                    (A) a description of when and where deadly force 
                was used, and whether it resulted in death;
                    (B) a description of deadly force directed against 
                an officer or employee and whether it resulted in 
                injury or death; and
                    (C) the law enforcement agency's justification for 
                use of deadly force, if the agency determines it was 
                justified.
    (d) Retention of Data.--Each law enforcement agency required to 
report data under this section shall maintain records relating to any 
matter so reportable for not less than 4 years after those records are 
created.
    (e) Penalty for States Failing To Report as Required.--
            (1) In general.--For any fiscal year, a State shall not 
        receive any amount that would otherwise be allocated to that 
        State under section 505(a) of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (34 U.S.C. 10156(a)), or 
        any amount from any other law enforcement assistance program of 
        the Department of Justice, unless the State has ensured, to the 
        satisfaction of the Attorney General, that the State and each 
        local law enforcement agency of the State is in substantial 
        compliance with the requirements of this section.
            (2) Reallocation.--Amounts not allocated by reason of this 
        subsection shall be reallocated to States not disqualified by 
        failure to comply with this section.
    (f) Regulations.--The Attorney General shall prescribe regulations 
to carry out this section.

       TITLE VII--MEDALLIONS FOR FALLEN LAW ENFORCEMENT OFFICERS

SEC. 701. MEDALLIONS FOR FALLEN LAW ENFORCEMENT OFFICERS.

    (a) In General.--The Attorney General, in consultation with the 
National Law Enforcement Officers Memorial Fund, shall create and 
provide a distinctive medallion to be issued to the survivors of law 
enforcement officers--
            (1) killed in the line of duty; and
            (2) memorialized on the wall of the National Law 
        Enforcement Officers Memorial.
    (b) Distribution of Medallions.--The Attorney General shall make 
arrangements with the National Law Enforcement Officers Memorial Fund 
to distribute the medallions to appropriate survivors of each law 
enforcement officer memorialized on the wall of the National Law 
Enforcement Officers Memorial.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary.
                                 <all>