George Floyd Law Enforcement Trust and Integrity Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 1570 To encourage greater community accountability of law enforcement agencies, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 3, 2021 Ms. JACKSON LEE (for herself, Mr. CROW, Mr. CONNOLLY, Ms. DEGETTE, Mr. HASTINGS, Mr. SHERMAN, Ms. LEE of California, Ms. WILLIAMS of Georgia, Mrs. BEATTY, Mr. THOMPSON of California, Mr. BISHOP of Georgia, Mr. NEGUSE, Mr. EVANS, Ms. DELBENE, Mr. TAKANO, Ms. MCCOLLUM, Mr. CA´RDENAS, Mr. STANTON, Mr. SUOZZI, Mr. MFUME, Ms. FUDGE, Ms. MATSUI, Mr. RASKIN, Ms. ADAMS, Ms. NORTON, Mr. JONES, Mr. BLUMENAUER, Mr. LARSON of Connecticut, Mr. PRICE of North Carolina, Mr. LAWSON of Florida, Mr. KILMER, Mr. PALLONE, Mr. YARMUTH, Mr. PAYNE, Mr. THOMPSON of Mississippi, Mr. COSTA, Ms. SA´NCHEZ, Mr. MCNERNEY, Ms. PINGREE, Mr. SOTO, Ms. DEAN, Mr. DESAULNIER, Mr. CARSON, Ms. LOFGREN, Mr. JOHNSON of Georgia, Mr. DANNY K. DAVIS of Illinois, Ms. GARCIA of Texas, Mr. BUTTERFIELD, Mr. CICILLINE, Ms. TLAIB, Mr. PANETTA, Mr. FOSTER, Mr. ESPAILLAT, Mrs. HAYES, and Mr. PHILLIPS) introduced the fol- lowing 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:46 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1570.IH H1570 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1570 IH SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘George Floyd Law Enforcement Trust and Integrity Act 3 of 2021’’. 4 (b) TABLE OF CONTENTS.—The table of contents for 5 this Act is as follows: 6 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. 7 In this Act: 8 (1) COMMUNITY-BASED ORGANIZATION.—The 9 term ‘‘community-based organization’’ means a 10 grassroots organization that monitors the issue of 11 VerDate Sep 11 2014 23:46 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1570.IH H1570 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1570 IH police misconduct and that has a national presence 1 and membership, such as the National Association 2 for the Advancement of Colored People (NAACP), 3 the American Civil Liberties Union (ACLU), the 4 National Council of La Raza, the National Urban 5 League, the National Congress of American Indians, 6 or the National Asian Pacific American Legal Con- 7 sortium (NAPALC). 8 (2) LAW ENFORCEMENT ACCREDITATION ORGA- 9 NIZATION.—The term ‘‘law enforcement accredita- 10 tion organization’’ means a professional law enforce- 11 ment organization involved in the development of 12 standards of accreditation for law enforcement agen- 13 cies at the national, State, regional, or tribal level, 14 such as the Commission on Accreditation for Law 15 Enforcement Agencies (CALEA). 16 (3) LAW ENFORCEMENT AGENCY.—The term 17 ‘‘law enforcement agency’’ means a State, local, In- 18 dian tribal, or campus public agency engaged in the 19 prevention, detection, or investigation, prosecution, 20 or adjudication of violations of criminal laws. 21 (4) PROFESSIONAL LAW ENFORCEMENT ASSO- 22 CIATION.—The term ‘‘professional law enforcement 23 association’’ means a law enforcement membership 24 association that works for the needs of Federal, 25 VerDate Sep 11 2014 23:46 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1570.IH H1570 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 1570 IH State, local, or Indian tribal law enforcement agen- 1 cies and with the civilian community on matters of 2 common interest, such as the Hispanic American 3 Police Command Officers Association (HAPCOA), 4 the National Asian Pacific Officers Association 5 (NAPOA), the National Black Police Association 6 (NBPA), the National Latino Peace Officers Asso- 7 ciation (NLPOA), the National Organization of 8 Black Law Enforcement Executives (NOBLE), 9 Women in Law Enforcement, the Native American 10 Law Enforcement Association (NALEA), the Inter- 11 national Association of Chiefs of Police (IACP), the 12 National Sheriffs’ Association (NSA), the Fraternal 13 Order of Police (FOP), and the National Association 14 of School Resource Officers. 15 (5) PROFESSIONAL CIVILIAN OVERSIGHT ORGA- 16 NIZATION.—The term ‘‘professional civilian oversight 17 organization’’ means a membership organization 18 formed to address and advance the cause of civilian 19 oversight of law enforcement and whose members 20 are from Federal, State, regional, local, or tribal or- 21 ganizations that review issues or complaints against 22 law enforcement agencies or individuals, such as the 23 National Association for Civilian Oversight of Law 24 Enforcement (NACOLE). 25 VerDate Sep 11 2014 23:46 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1570.IH H1570 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 1570 IH TITLE I—LAW ENFORCEMENT 1 ACCREDITATION 2 SEC. 101. ACCREDITATION OF LAW ENFORCEMENT AGEN- 3 CIES. 4 (a) STANDARDS.— 5 (1) INITIAL ANALYSIS.—The Attorney General 6 shall perform an initial analysis of existing accredi- 7 tation standards and methodology developed by law 8 enforcement accreditation organizations nationwide, 9 including national, State, regional, and tribal accred- 10 itation organizations. Such an analysis shall include 11 a review of the recommendations of the Final Report 12 of the President’s Taskforce on 21st Century Polic- 13 ing, issued in May 2015. 14 (2) DEVELOPMENT OF UNIFORM STANDARDS.— 15 After completion of the initial review and analysis 16 under paragraph (1), the Attorney General shall— 17 (A) recommend, in consultation with law 18 enforcement accreditation organizations, the 19 adoption of additional standards that will result 20 in greater community accountability of law en- 21 forcement agencies and an increased focus on 22 policing with a guardian mentality, including 23 standards relating to— 24 VerDate Sep 11 2014 23:46 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1570.IH H1570 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 1570 IH (i) early warning systems and related 1 intervention programs; 2 (ii) use of force procedures; 3 (iii) civilian review procedures; 4 (iv) traffic and pedestrian stop and 5 search procedures; 6 (v) data collection and transparency; 7 (vi) administrative due process re- 8 quirements; 9 (vii) video monitoring technology; 10 (viii) juvenile justice and school safe- 11 ty; and 12 (ix) training; and 13 (B) recommend additional areas for the 14 development of national standards for the ac- 15 creditation of law enforcement agencies in con- 16 sultation with existing law enforcement accredi- 17 tation organizations, professional law enforce- 18 ment associations, labor organizations, commu- 19 nity-based organizations, and professional civil- 20 ian oversight organizations. 21 (3) CONTINUING ACCREDITATION PROCESS.— 22 The Attorney General shall adopt policies and proce- 23 dures to partner with law enforcement accreditation 24 organizations, professional law enforcement associa- 25 VerDate Sep 11 2014 23:46 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1570.IH H1570 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 1570 IH tions, labor organizations, community-based organi- 1 zations, and professional civilian oversight organiza- 2 tions to continue the development of further accredi- 3 tation standards consistent with paragraph (2) and 4 to encourage the pursuit of accreditation of Federal, 5 State, local, and tribal law enforcement agencies by 6 certified law enforcement accreditation organiza- 7 tions. 8 (b) ACCREDITATION GRANTS.—The Attorney Gen- 9 eral may make funds available to State, local, tribal law 10 enforcement agencies, and campus public safety depart- 11 ments under this section to assist in gaining or maintain- 12 ing accreditation from certified law enforcement accredita- 13 tion organizations. 14 TITLE II—LAW ENFORCEMENT 15 DEVELOPMENT PROGRAMS 16 SEC. 201. LAW ENFORCEMENT GRANTS. 17 (a) GRANT AUTHORIZATION.—The Attorney General 18 may make grants to States, units of local government, In- 19 dian tribal governments, or other public and private enti- 20 ties, or to any multijurisdictional or regional consortia of 21 such entities, to study and implement effective manage- 22 ment, training, recruiting, hiring, and oversight standards 23 and programs to promote effective community and prob- 24 lem solving strategies for law enforcement agencies. 25 VerDate Sep 11 2014 23:46 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1570.IH H1570 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 1570 IH (b) PROJECT GRANTS TO STUDY LAW ENFORCE- 1 MENT AGENCY MANAGEMENT.—Grants made under sub- 2 section (a) shall be used for the study of management and 3 operations standards for law enforcement agencies, includ- 4 ing standards relating to administrative due process, resi- 5 dency requirements, compensation and benefits, use of 6 force, racial profiling, early warning systems, juvenile jus- 7 tice, school safety, civilian review boards or analogous pro- 8 cedures, or research into the effectiveness of existing pro- 9 grams, projects, or other activities designed to address 10 misconduct by law enforcement officers. 11 (c) PROJECT GRANTS TO DEVELOP PILOT PRO- 12 GRAMS.— 13 (1) IN GENERAL.—Grants made under sub- 14 section (a) shall also be used to develop pilot pro- 15 grams and implement effective standards and pro- 16 grams in the areas of training, hiring and recruit- 17 ment, and oversight that are designed to improve 18 management and address misconduct by law enforce- 19 ment officers. 20 (2) COMPONENTS OF PILOT PROGRAM.—A pilot 21 program developed under paragraph (1) shall in- 22 clude the following: 23 (A) TRAINING.—Law enforcement policies, 24 practices, and procedures addressing training 25 VerDate Sep 11 2014 23:46 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1570.IH H1570 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 1570 IH and instruction to comply with accreditation 1 standards in the areas of— 2 (i) the use of lethal, nonlethal force, 3 and de-escalation; 4 (ii) investigation of misconduct and 5 practices and procedures for referral to 6 prosecuting authorities use of deadly force 7 or racial profiling; 8 (iii) disproportionate minority contact 9 by law enforcement; 10 (iv) tactical and defensive strategy; 11 (v) arrests, searches, and restraint; 12 (vi) professional verbal communica- 13 tions with civilians; 14 (vii) interactions with youth, the men- 15 tally ill, limited English proficiency, and 16 multi-cultural communities; 17 (viii) proper traffic, pedestrian, and 18 other enforcement stops; and 19 (ix) community relations and bias 20 awareness. 21 (B) RECRUITMENT, HIRING, RETENTION, 22 AND PROMOTION OF DIVERSE LAW ENFORCE- 23 MENT OFFICERS.—Policies, procedures, and 24 practices for— 25 VerDate Sep 11 2014 23:46 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1570.IH H1570 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 1570 IH (i) the hiring and recruitment of di- 1 verse law enforcement officers representa- 2 tive of the communities they serve; 3 (ii) the development of selection, pro- 4 motion, educational, background, and psy- 5 chological standards that comport with 6 title VII of the Civil Rights Act of 1964 7 (42 U.S.C. 2000e et seq.); and 8 (iii) initiatives to encourage residency 9 in the jurisdiction served by the law en- 10 forcement agency and continuing edu- 11 cation. 12 (C) OVERSIGHT.—Complaint procedures, 13 including the establishment of civilian review 14 boards or analogous procedures for jurisdictions 15 across a range of sizes and agency configura- 16 tions, complaint procedures by community- 17 based organizations, early warning systems and 18 related intervention programs, video monitoring 19 technology, data collection and transparency, 20 and administrative due process requirements in- 21 herent to complaint procedures for members of 22 the public and law enforcement. 23 (D) JUVENILE JUSTICE AND SCHOOL 24 SAFETY.—The development of uniform stand- 25 VerDate Sep 11 2014 23:46 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1570.IH H1570 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 1570 IH ards on juvenile justice and school safety, in- 1 cluding standards relating to interaction and 2 communication with juveniles, physical contact, 3 use of lethal and nonlethal force, notification of 4 a parent or guardian, interviews and ques- 5 tioning, custodial interrogation, audio and video 6 recording, conditions of custody, alternatives to 7 arrest, referral to child protection agencies, and 8 removal from school grounds or campus. 9 (E) VICTIM SERVICES.—Counseling serv- 10 ices, including psychological counseling, for in- 11 dividuals and communities impacted by law en- 12 forcement misconduct. 13 (d) AMOUNTS.—Of the amounts appropriated to 14 carry out this title— 15 (1) 4 percent shall be available for grants to In- 16 dian tribal governments; 17 (2) 20 percent shall be available for grants to 18 community-based organizations; 19 (3) 10 percent shall be available for grants to 20 professional law enforcement associations; and 21 (4) the remaining funds shall be available for 22 grants to applicants in each State in an amount that 23 bears the same ratio to the amount of remaining 24 VerDate Sep 11 2014 23:46 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1570.IH H1570 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 1570 IH funds as the population of the State bears to the 1 population of all of the States. 2 (e) TECHNICAL ASSISTANCE.— 3 (1) IN GENERAL.—The Attorney General may 4 provide technical assistance to States, units of local 5 government, Indian tribal governments, and to other 6 public and private entitie [Text truncated for display. 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