[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7384 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7384

              To reform policing, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2020

  Mr. Chabot introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
              To reform policing, 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 ``Safer Communities Act''.

SEC. 2. LAW ENFORCEMENT RECORDS RETENTION.

    (a) In General.--Part E of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) is amended by adding 
at the end the following:

             ``Subpart 4--Law Enforcement Records Retention

``SEC. 531. LAW ENFORCEMENT RECORDS RETENTION.

    ``(a) Definitions.--In this section--
            ``(1) the term `applicable covered system', with respect to 
        a law enforcement agency, means the covered system of the 
        covered government of which the law enforcement agency is part;
            ``(2) the term `covered government' means a State or unit 
        of local government;
            ``(3) the term `covered system' means a system maintained 
        by a covered government under subsection (b); and
            ``(4) the term `disciplinary record'--
                    ``(A) means any written document regarding an 
                allegation of misconduct by a law enforcement officer 
                that--
                            ``(i) is substantiated and is adjudicated 
                        by a government agency or court; and
                            ``(ii) results in--
                                    ``(I) adverse action by the 
                                employing law enforcement agency; or
                                    ``(II) criminal charges; and
                    ``(B) does not include a written document regarding 
                an allegation described in subparagraph (A) if the 
                adjudication described in clause (i) of that 
                subparagraph has been overturned on appeal.
    ``(b) Records Retention Requirements.--
            ``(1) Records retention system.--A covered government that 
        receives funds under this part shall maintain a system for 
        sharing disciplinary records of law enforcement officers that 
        meets the requirements under paragraph (2).
            ``(2) Requirements.--In administering a covered system, a 
        covered government shall--
                    ``(A) retain each disciplinary record or internal 
                investigation record regarding a law enforcement 
                officer that is prepared by a law enforcement agency of 
                the covered government;
                    ``(B) retain a record of each award or commendation 
                regarding a law enforcement officer that is prepared by 
                a law enforcement agency of the covered government;
                    ``(C) establish a policy that ensures that each 
                record included in the covered system is retained and 
                accessible for not less than 30 years;
                    ``(D) allow a law enforcement officer, counsel for 
                a law enforcement officer, or the representative 
                organization of a law enforcement officer to--
                            ``(i) submit information to the covered 
                        system relating to a disciplinary record or 
                        internal investigation record regarding the law 
                        enforcement officer that is retained under 
                        subparagraph (A); or
                            ``(ii) obtain access to the covered system 
                        in order to review a disciplinary record or 
                        internal investigation record described in 
                        clause (i);
                    ``(E) allow any Federal, State, or local law 
                enforcement agency to access any record included in the 
                covered system for the purpose of making a decision to 
                hire a law enforcement officer;
                    ``(F) require that, before hiring a law enforcement 
                officer, a representative of a law enforcement agency 
                of the covered government with hiring authority--
                            ``(i) search the applicable covered system 
                        of each law enforcement agency that has 
                        employed the applicant as a law enforcement 
                        officer in order to determine whether the 
                        applicant has a disciplinary record, internal 
                        investigation record, or record of an award or 
                        commendation on file; and
                            ``(ii) if a record described in clause (i) 
                        exists, review the record in full before hiring 
                        the law enforcement officer; and
                    ``(G) prohibit access to the covered system by any 
                individual other than an individual who is authorized 
                to access the covered system for purposes of--
                            ``(i) submitting records or other 
                        information to the covered system as described 
                        in subparagraphs (A), (B), and (D); or
                            ``(ii) reviewing records or other 
                        information in the covered system as described 
                        in subparagraphs (E) and (F).
    ``(c) Ineligibility for Funds.--
            ``(1) In general.--A covered government may not receive 
        funds under section 505, 506, 515, or 516 unless the covered 
        government is in compliance with subsection (b) of this 
        section.
            ``(2) Reallocation.--Amounts not allocated under a section 
        referred to in paragraph (1) to a covered government for 
        failure to comply with subsection (b) shall be reallocated 
        under that section to covered governments that have complied 
        with subsection (b).
    ``(d) One-Time Grant.--
            ``(1) In general.--The Attorney General shall award a grant 
        to each State, using an apportionment formula that reflects the 
        differences between each State, to be used by the State and 
        units of local government within the State to establish covered 
        systems.
            ``(2) Amount.--The amount of a grant awarded to a State 
        under paragraph (1) shall be not less than $1,000,000.
            ``(3) Direct appropriations.--For the purpose of making 
        grants under this subsection, there is authorized to be 
        appropriated, and there is appropriated, out of any money in 
        the Treasury not otherwise appropriated, $100,000,000, to 
        remain available until expended.
    ``(e) Indemnification.--
            ``(1) In general.--The United States shall indemnify and 
        hold harmless a covered government, and any law enforcement 
        agency thereof, against any claim (including reasonable 
        expenses of litigation or settlement) by any person or entity 
        related to--
                    ``(A) the retention of records in a covered system 
                as required under subsection (b); or
                    ``(B) the review of records included in a covered 
                system as required under subsection (b).
            ``(2) Limitation.--Paragraph (1) shall not apply to the 
        release of a record--
                    ``(A) to a non-law enforcement entity or 
                individual; or
                    ``(B) for a purpose other than making a decision to 
                hire a law enforcement officer.''.
    (b) Effective Date.--Section 531(c) of title I of the Omnibus Crime 
Control and Safe Streets Acts of 1968, as added by subsection (a), 
shall take effect on October 1 of the first fiscal year beginning after 
the date of enactment of this Act.

SEC. 3. DAVID DORN FORMER PUBLIC SAFETY OFFICERS' BENEFITS.

    Section 1205 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10285) is amended by adding at the end 
the following new subsection:
    ``(o)(1) For the purposes of a benefit under subsection (a), an 
eligible retired public safety officer is deemed to be a public safety 
officer who has died as the direct and proximate result of a personal 
injury sustained in the line of duty.
    ``(2) In this section--
            ``(A) the term `eligible retired public safety officer' is 
        an individual who--
                    ``(i) has separated from law enforcement service 
                with a public agency in good standing and without 
                record of any complaint resulting in disciplinary 
                action;
                    ``(ii) was engaged in a public or private security 
                employment obligation at the time such individual was 
                killed; and
                    ``(iii) whose death was not caused by an immediate 
                relative of such individual; and
            ``(B) the term `immediate relative' means a spouse, father, 
        mother, guardian, brother, sister, son, daughter, father-in-
        law, mother-in-law, brother-in-law, sister-in-law, son-in-law, 
        daughter-in-law, or any other individual who could make a claim 
        under this section.''.

SEC. 4. GAO STUDY ON SETTLEMENT OR COLLABORATIVE AGREEMENTS.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States shall conduct a study and 
submit a report to Committees on the Judiciary of the House of 
Representatives and of the Senate, the Committee on Oversight and 
Reform of the House of Representatives, and the Committee on Homeland 
Security and Governmental Affairs of the Senate, on settlement or 
collaborative agreements entered into pursuant to litigation arising 
out of allegations of police misconduct, including the Cincinnati 
Collaborative Agreement, which--
            (1) assesses the effectiveness of such agreements on 
        improving community-police relations;
            (2) assesses the impact of such agreements on crime and 
        disorder;
            (3) determines whether similar agreements could improve 
        community-police relations in other major metropolitan cities 
        in the United States; and
            (4) offers recommendations for further improvements to such 
        agreements.
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