Law Enforcement Trust and Integrity Act of 2019

II 116TH CONGRESS 1ST SESSION S. 3063 To encourage greater community accountability of law enforcement agencies, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 17, 2019 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Law Enforcement Trust and Integrity Act of 2019’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 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 VerDate Sep 11 2014 00:45 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S3063.IS S3063 kjohnson on DSK79L0C42 with BILLS 2 •S 3063 IS 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. 1 In this Act: 2 (1) COMMUNITY-BASED ORGANIZATION.—The 3 term ‘‘community-based organization’’ means a 4 grassroots organization that monitors the issue of 5 police misconduct and that has a national presence 6 and membership, such as the National Association 7 for the Advancement of Colored People (NAACP), 8 the American Civil Liberties Union (ACLU), the 9 National Council of La Raza, the National Urban 10 League, the National Congress of American Indians, 11 or the National Asian Pacific American Legal Con- 12 sortium (NAPALC). 13 (2) LAW ENFORCEMENT ACCREDITATION ORGA- 14 NIZATION.—The term ‘‘law enforcement accredita- 15 VerDate Sep 11 2014 00:45 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3063.IS S3063 kjohnson on DSK79L0C42 with BILLS 3 •S 3063 IS tion organization’’ means a professional law enforce- 1 ment organization involved in the development of 2 standards of accreditation for law enforcement agen- 3 cies at the national, State, regional, or tribal level, 4 such as the Commission on Accreditation for Law 5 Enforcement Agencies (CALEA). 6 (3) LAW ENFORCEMENT AGENCY.—The term 7 ‘‘law enforcement agency’’ means a State, local, In- 8 dian tribal, or campus public agency engaged in the 9 prevention, detection, or investigation, prosecution, 10 or adjudication of violations of criminal laws. 11 (4) PROFESSIONAL LAW ENFORCEMENT ASSO- 12 CIATION.—The term ‘‘professional law enforcement 13 association’’ means a law enforcement membership 14 association that works for the needs of Federal, 15 State, local, or Indian tribal law enforcement agen- 16 cies and with the civilian community on matters of 17 common interest, such as the Hispanic American 18 Police Command Officers Association (HAPCOA), 19 the National Asian Pacific Officers Association 20 (NAPOA), the National Black Police Association 21 (NBPA), the National Latino Peace Officers Asso- 22 ciation (NLPOA), the National Organization of 23 Black Law Enforcement Executives (NOBLE), 24 Women in Law Enforcement, the Native American 25 VerDate Sep 11 2014 00:45 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3063.IS S3063 kjohnson on DSK79L0C42 with BILLS 4 •S 3063 IS Law Enforcement Association (NALEA), the Inter- 1 national Association of Chiefs of Police (IACP), the 2 National Sheriffs’ Association (NSA), the Fraternal 3 Order of Police (FOP), and the National Association 4 of School Resource Officers. 5 (5) PROFESSIONAL CIVILIAN OVERSIGHT ORGA- 6 NIZATION.—The term ‘‘professional civilian oversight 7 organization’’ means a membership organization 8 formed to address and advance the cause of civilian 9 oversight of law enforcement and whose members 10 are from Federal, State, regional, local, or tribal or- 11 ganizations that review issues or complaints against 12 law enforcement agencies or individuals, such as the 13 National Association for Civilian Oversight of Law 14 Enforcement (NACOLE). 15 TITLE I—LAW ENFORCEMENT 16 ACCREDITATION 17 SEC. 101. ACCREDITATION OF LAW ENFORCEMENT AGEN- 18 CIES. 19 (a) STANDARDS.— 20 (1) INITIAL ANALYSIS.—The Attorney General 21 shall perform an initial analysis of existing accredi- 22 tation standards and methodology developed by law 23 enforcement accreditation organizations nationwide, 24 including national, State, regional, and tribal accred- 25 VerDate Sep 11 2014 00:45 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3063.IS S3063 kjohnson on DSK79L0C42 with BILLS 5 •S 3063 IS itation organizations. Such an analysis shall include 1 a review of the recommendations of the Final Report 2 of the President’s Taskforce on 21st Century Polic- 3 ing, issued in May 2015. 4 (2) DEVELOPMENT OF UNIFORM STANDARDS.— 5 After completion of the initial review and analysis 6 under paragraph (1), the Attorney General shall— 7 (A) recommend, in consultation with law 8 enforcement accreditation organizations, the 9 adoption of additional standards that will result 10 in greater community accountability of law en- 11 forcement agencies and an increased focus on 12 policing with a guardian mentality, including 13 standards relating to— 14 (i) early warning systems and related 15 intervention programs; 16 (ii) use of force procedures; 17 (iii) civilian review procedures; 18 (iv) traffic and pedestrian stop and 19 search procedures; 20 (v) data collection and transparency; 21 (vi) administrative due process re- 22 quirements; 23 (vii) video monitoring technology; 24 VerDate Sep 11 2014 00:45 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3063.IS S3063 kjohnson on DSK79L0C42 with BILLS 6 •S 3063 IS (viii) juvenile justice and school safe- 1 ty; and 2 (ix) training; and 3 (B) recommend additional areas for the 4 development of national standards for the ac- 5 creditation of law enforcement agencies in con- 6 sultation with existing law enforcement accredi- 7 tation organizations, professional law enforce- 8 ment associations, labor organizations, commu- 9 nity-based organizations, and professional civil- 10 ian oversight organizations. 11 (3) CONTINUING ACCREDITATION PROCESS.— 12 The Attorney General shall adopt policies and proce- 13 dures to partner with law enforcement accreditation 14 organizations, professional law enforcement associa- 15 tions, labor organizations, community-based organi- 16 zations, and professional civilian oversight organiza- 17 tions to continue the development of further accredi- 18 tation standards consistent with paragraph (2) and 19 to encourage the pursuit of accreditation of Federal, 20 State, local, and tribal law enforcement agencies by 21 certified law enforcement accreditation organiza- 22 tions. 23 (b) ACCREDITATION GRANTS.—The Attorney Gen- 24 eral may make funds available to State, local, tribal law 25 VerDate Sep 11 2014 00:45 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3063.IS S3063 kjohnson on DSK79L0C42 with BILLS 7 •S 3063 IS enforcement agencies, and campus public safety depart- 1 ments under this section to assist in gaining or maintain- 2 ing accreditation from certified law enforcement accredita- 3 tion organizations. 4 TITLE II—LAW ENFORCEMENT 5 DEVELOPMENT PROGRAMS 6 SEC. 201. LAW ENFORCEMENT GRANTS. 7 (a) GRANT AUTHORIZATION.—The Attorney General 8 may make grants to States, units of local government, In- 9 dian tribal governments, or other public and private enti- 10 ties, or to any multijurisdictional or regional consortia of 11 such entities, to study and implement effective manage- 12 ment, training, recruiting, hiring, and oversight standards 13 and programs to promote effective community and prob- 14 lem solving strategies for law enforcement agencies. 15 (b) PROJECT GRANTS TO STUDY LAW ENFORCE- 16 MENT AGENCY MANAGEMENT.—Grants made under sub- 17 section (a) shall be used for the study of management and 18 operations standards for law enforcement agencies, includ- 19 ing standards relating to administrative due process, resi- 20 dency requirements, compensation and benefits, use of 21 force, racial profiling, early warning systems, juvenile jus- 22 tice, school safety, civilian review boards or analogous pro- 23 cedures, or research into the effectiveness of existing pro- 24 VerDate Sep 11 2014 00:45 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3063.IS S3063 kjohnson on DSK79L0C42 with BILLS 8 •S 3063 IS grams, projects, or other activities designed to address 1 misconduct by law enforcement officers. 2 (c) PROJECT GRANTS TO DEVELOP PILOT PRO- 3 GRAMS.— 4 (1) IN GENERAL.—Grants made under sub- 5 section (a) shall also be used to develop pilot pro- 6 grams and implement effective standards and pro- 7 grams in the areas of training, hiring and recruit- 8 ment, and oversight that are designed to improve 9 management and address misconduct by law enforce- 10 ment officers. 11 (2) COMPONENTS OF PILOT PROGRAM.—A pilot 12 program developed under paragraph (1) shall in- 13 clude the following: 14 (A) TRAINING.—Law enforcement policies, 15 practices, and procedures addressing training 16 and instruction to comply with accreditation 17 standards in the areas of— 18 (i) the use of lethal, nonlethal force, 19 and de-escalation; 20 (ii) investigation of misconduct and 21 practices and procedures for referral to 22 prosecuting authorities use of deadly force 23 or racial profiling; 24 VerDate Sep 11 2014 00:45 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3063.IS S3063 kjohnson on DSK79L0C42 with BILLS 9 •S 3063 IS (iii) disproportionate minority contact 1 by law enforcement; 2 (iv) tactical and defensive strategy; 3 (v) arrests, searches, and restraint; 4 (vi) professional verbal communica- 5 tions with civilians; 6 (vii) interactions with youth, the men- 7 tally ill, limited English proficiency, and 8 multi-cultural communities; 9 (viii) proper traffic, pedestrian, and 10 other enforcement stops; and 11 (ix) community relations and bias 12 awareness. 13 (B) RECRUITMENT, HIRING, RETENTION, 14 AND PROMOTION OF DIVERSE LAW ENFORCE- 15 MENT OFFICERS.—Policies, procedures, and 16 practices for— 17 (i) the hiring and recruitment of di- 18 verse law enforcement officers representa- 19 tive of the communities they serve; 20 (ii) the development of selection, pro- 21 motion, educational, background, and psy- 22 chological standards that comport with 23 title VII of the Civil Rights Act of 1964 24 (42 U.S.C. 2000e et seq.); and 25 VerDate Sep 11 2014 03:15 Dec 21, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3063.IS S3063 kjohnson on DSK79L0C42 with BILLS 10 •S 3063 IS (iii) initiatives to encourage residency 1 in the jurisdiction served by the law en- 2 forcement agency and continuing edu- 3 cation. 4 (C) OVERSIGHT.—Complaint procedures, 5 including the establishment of civilian review 6 boards or analogous procedures for jurisdictions 7 across a range of sizes and agency configura- 8 tions, complaint procedures by community- 9 based organizations, early warning systems and 10 related intervention programs, video monitoring 11 technology, data collection and transparency, 12 and administrative due process requirements in- 13 herent to complaint procedures for members of 14 the public and law enforcement. 15 (D) JUVENILE JUSTICE AND SCHOOL 16 SAFETY.—The development of uniform stand- 17 ards on juvenile justice and school safety, in- 18 cluding standards relating to interaction and 19 communication with juveniles, physical contact, 20 use of lethal and nonlethal force, notification of 21 a parent or guardian, interviews and ques- 22 tioning, custodial interrogation, audio and video 23 recording, conditions of custody, alternatives to 24 VerDate Sep 11 2014 00:45 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3063.IS S3063 kjohnson on DSK79L0C42 with BILLS 11 •S 3063 IS arrest, referral to child protection agencies, and 1 removal from school grounds or campus. 2 (E) VICTIM SERVICES.—Counseling serv- 3 ices, including psychological counseling, for in- 4 dividuals and communities impacted by law en- 5 forcement misconduct. 6 (d) AMOUNTS.—Of the amounts appropriated to 7 carry out this title— 8 (1) 4 percent shall be available for grants to In- 9 dian tribal governments; 10 (2) 20 percent shall be available for grants to 11 community-based organizations; 12 (3) 10 percent shall be available for grants to 13 professional law enforcement associations; and 14 (4) the remaining funds shall be available for 15 grants to applicants in each State in an amount that 16 bears the same ratio to the amount of remaining 17 funds as the population of the State bears to the 18 population of all of the States. 19 (e) TECHNICAL ASSISTANCE.— 20 (1) IN GENERAL.—The Attorney General may 21 provide technical assistance to States, units of local 22 government, Indian tribal governments, and to other 23 public and private entities, in furtherance of the pur- 24 poses of this section. 25 VerDate Sep 11 2014 00:45 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3063.IS S3063 kjohnson on DSK79L0C42 with BILLS 12 •S 3063 IS (2) MODELS FOR REDUCTION OF LAW EN- 1 FORCEMENT MISCONDUCT.—The technical assistance 2 provided by the Attorney General may include the 3 development of models for State, local, and Indian 4 tribal governments, and other public and private en- 5 tities, to reduce law enforcement officer misconduct. 6 Any development of such models shall be in con- 7 sultation with community-based organizations. 8 (f) USE OF COMPONENTS.—The Attorney General 9 may use any component or components of the Department 10 of Justice in carrying out this title. 11 (g) MATCHING FUNDS.— 12 (1) IN GENERAL.—Except in the case of an In- 13 dian tribal government or nonprofit community- 14 based organization, the portion of the costs of a pro- 15 gram, project, or activity provided by a grant under 16 subsection (a) may not exceed 75 percent. 17 (2) WAIVERS.—The At [Text truncated for display. 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