George Floyd Law Enforcement Trust and Integrity Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7100 To encourage greater community accountability of law enforcement agencies, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 4, 2020 Ms. JACKSON LEE (for herself, Mr. CROW, Ms. OMAR, Mr. NADLER, Ms. BASS, Mr. THOMPSON of Mississippi, Mrs. CAROLYN B. MALONEY of New York, Mr. JEFFRIES, Mr. PAYNE, Ms. MOORE, Mr. RASKIN, Mr. COHEN, Mr. JOHNSON of Georgia, Ms. HAALAND, Ms. CLARKE of New York, Ms. DEAN, Mrs. NAPOLITANO, Mr. SHERMAN, Ms. SEWELL of Ala- bama, Mr. PALLONE, Mr. MCNERNEY, Ms. PINGREE, Ms. LEE of Cali- fornia, Mr. CASTRO of Texas, Mr. PANETTA, Mr. CICILLINE, Mr. ESPAILLAT, Mr. VELA, Mr. NEGUSE, Mrs. BEATTY, Ms. ADAMS, Mr. SOTO, Ms. SCANLON, Mr. GARCI´A of Illinois, Ms. DELBENE, Mr. MEEKS, Mr. DOGGETT, Ms. SHERRILL, Mr. TRONE, Mrs. TRAHAN, Mr. GREEN of Texas, Mrs. LAWRENCE, Mr. DEUTCH, Mr. LEVIN of Michigan, Mr. KENNEDY, Mr. BUTTERFIELD, Ms. LOFGREN, Mr. GONZALEZ of Texas, Mr. PHILLIPS, Ms. NORTON, Ms. JUDY CHU of California, Ms. WEXTON, Mr. DANNY K. DAVIS of Illinois, Ms. BLUNT ROCHESTER, Ms. PORTER, Mr. BLUMENAUER, Mr. QUIGLEY, Mr. KILMER, Mr. RUSH, Mr. HUFFMAN, Ms. DEGETTE, Mr. PERLMUTTER, Ms. ESCOBAR, Mrs. FLETCHER, Ms. TLAIB, Ms. SA´NCHEZ, Ms. ESHOO, Mr. LAMB, Mr. DAVID SCOTT of Georgia, Mrs. HAYES, Mrs. WATSON COLEMAN, Mr. CONNOLLY, Ms. OCASIO-CORTEZ, Ms. HOULAHAN, Mr. RUPPERSBERGER, Mr. SMITH of Washington, Mr. CA´RDENAS, Ms. WILSON of Florida, Ms. GARCIA of Texas, Mr. CLAY, Mr. MFUME, Ms. VELA´ZQUEZ, Mr. HAS- TINGS, Mr. ROUDA, Ms. FRANKEL, Mr. SUOZZI, and Mr. CISNEROS) in- troduced the following bill; which was referred to the Committee on the Judiciary VerDate Sep 11 2014 04:13 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H7100.IH H7100 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7100 IH 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 ‘‘George Floyd Law Enforcement Trust and Integrity Act 5 of 2020’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 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. VerDate Sep 11 2014 04:13 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H7100.IH H7100 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7100 IH 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 tion organization’’ means a professional law enforce- 16 ment organization involved in the development of 17 standards of accreditation for law enforcement agen- 18 cies at the national, State, regional, or tribal level, 19 such as the Commission on Accreditation for Law 20 Enforcement Agencies (CALEA). 21 (3) LAW ENFORCEMENT AGENCY.—The term 22 ‘‘law enforcement agency’’ means a State, local, In- 23 dian tribal, or campus public agency engaged in the 24 prevention, detection, or investigation, prosecution, 25 or adjudication of violations of criminal laws. 26 VerDate Sep 11 2014 04:13 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7100.IH H7100 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7100 IH (4) PROFESSIONAL LAW ENFORCEMENT ASSO- 1 CIATION.—The term ‘‘professional law enforcement 2 association’’ means a law enforcement membership 3 association that works for the needs of Federal, 4 State, local, or Indian tribal law enforcement agen- 5 cies and with the civilian community on matters of 6 common interest, such as the Hispanic American 7 Police Command Officers Association (HAPCOA), 8 the National Asian Pacific Officers Association 9 (NAPOA), the National Black Police Association 10 (NBPA), the National Latino Peace Officers Asso- 11 ciation (NLPOA), the National Organization of 12 Black Law Enforcement Executives (NOBLE), 13 Women in Law Enforcement, the Native American 14 Law Enforcement Association (NALEA), the Inter- 15 national Association of Chiefs of Police (IACP), the 16 National Sheriffs’ Association (NSA), the Fraternal 17 Order of Police (FOP), and the National Association 18 of School Resource Officers. 19 (5) PROFESSIONAL CIVILIAN OVERSIGHT ORGA- 20 NIZATION.—The term ‘‘professional civilian oversight 21 organization’’ means a membership organization 22 formed to address and advance the cause of civilian 23 oversight of law enforcement and whose members 24 are from Federal, State, regional, local, or tribal or- 25 VerDate Sep 11 2014 04:13 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7100.IH H7100 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 7100 IH ganizations that review issues or complaints against 1 law enforcement agencies or individuals, such as the 2 National Association for Civilian Oversight of Law 3 Enforcement (NACOLE). 4 TITLE I—LAW ENFORCEMENT 5 ACCREDITATION 6 SEC. 101. ACCREDITATION OF LAW ENFORCEMENT AGEN- 7 CIES. 8 (a) STANDARDS.— 9 (1) INITIAL ANALYSIS.—The Attorney General 10 shall perform an initial analysis of existing accredi- 11 tation standards and methodology developed by law 12 enforcement accreditation organizations nationwide, 13 including national, State, regional, and tribal accred- 14 itation organizations. Such an analysis shall include 15 a review of the recommendations of the Final Report 16 of the President’s Taskforce on 21st Century Polic- 17 ing, issued in May 2015. 18 (2) DEVELOPMENT OF UNIFORM STANDARDS.— 19 After completion of the initial review and analysis 20 under paragraph (1), the Attorney General shall— 21 (A) recommend, in consultation with law 22 enforcement accreditation organizations, the 23 adoption of additional standards that will result 24 in greater community accountability of law en- 25 VerDate Sep 11 2014 04:13 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7100.IH H7100 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 7100 IH forcement agencies and an increased focus on 1 policing with a guardian mentality, including 2 standards relating to— 3 (i) early warning systems and related 4 intervention programs; 5 (ii) use of force procedures; 6 (iii) civilian review procedures; 7 (iv) traffic and pedestrian stop and 8 search procedures; 9 (v) data collection and transparency; 10 (vi) administrative due process re- 11 quirements; 12 (vii) video monitoring technology; 13 (viii) juvenile justice and school safe- 14 ty; and 15 (ix) training; and 16 (B) recommend additional areas for the 17 development of national standards for the ac- 18 creditation of law enforcement agencies in con- 19 sultation with existing law enforcement accredi- 20 tation organizations, professional law enforce- 21 ment associations, labor organizations, commu- 22 nity-based organizations, and professional civil- 23 ian oversight organizations. 24 VerDate Sep 11 2014 04:13 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7100.IH H7100 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 7100 IH (3) CONTINUING ACCREDITATION PROCESS.— 1 The Attorney General shall adopt policies and proce- 2 dures to partner with law enforcement accreditation 3 organizations, professional law enforcement associa- 4 tions, labor organizations, community-based organi- 5 zations, and professional civilian oversight organiza- 6 tions to continue the development of further accredi- 7 tation standards consistent with paragraph (2) and 8 to encourage the pursuit of accreditation of Federal, 9 State, local, and tribal law enforcement agencies by 10 certified law enforcement accreditation organiza- 11 tions. 12 (b) ACCREDITATION GRANTS.—The Attorney Gen- 13 eral may make funds available to State, local, tribal law 14 enforcement agencies, and campus public safety depart- 15 ments under this section to assist in gaining or maintain- 16 ing accreditation from certified law enforcement accredita- 17 tion organizations. 18 TITLE II—LAW ENFORCEMENT 19 DEVELOPMENT PROGRAMS 20 SEC. 201. LAW ENFORCEMENT GRANTS. 21 (a) GRANT AUTHORIZATION.—The Attorney General 22 may make grants to States, units of local government, In- 23 dian tribal governments, or other public and private enti- 24 ties, or to any multijurisdictional or regional consortia of 25 VerDate Sep 11 2014 04:13 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7100.IH H7100 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 7100 IH such entities, to study and implement effective manage- 1 ment, training, recruiting, hiring, and oversight standards 2 and programs to promote effective community and prob- 3 lem solving strategies for law enforcement agencies. 4 (b) PROJECT GRANTS TO STUDY LAW ENFORCE- 5 MENT AGENCY MANAGEMENT.—Grants made under sub- 6 section (a) shall be used for the study of management and 7 operations standards for law enforcement agencies, includ- 8 ing standards relating to administrative due process, resi- 9 dency requirements, compensation and benefits, use of 10 force, racial profiling, early warning systems, juvenile jus- 11 tice, school safety, civilian review boards or analogous pro- 12 cedures, or research into the effectiveness of existing pro- 13 grams, projects, or other activities designed to address 14 misconduct by law enforcement officers. 15 (c) PROJECT GRANTS TO DEVELOP PILOT PRO- 16 GRAMS.— 17 (1) IN GENERAL.—Grants made under sub- 18 section (a) shall also be used to develop pilot pro- 19 grams and implement effective standards and pro- 20 grams in the areas of training, hiring and recruit- 21 ment, and oversight that are designed to improve 22 management and address misconduct by law enforce- 23 ment officers. 24 VerDate Sep 11 2014 04:13 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7100.IH H7100 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 7100 IH (2) COMPONENTS OF PILOT PROGRAM.—A pilot 1 program developed under paragraph (1) shall in- 2 clude the following: 3 (A) TRAINING.—Law enforcement policies, 4 practices, and procedures addressing training 5 and instruction to comply with accreditation 6 standards in the areas of— 7 (i) the use of lethal, nonlethal force, 8 and de-escalation; 9 (ii) investigation of misconduct and 10 practices and procedures for referral to 11 prosecuting authorities use of deadly force 12 or racial profiling; 13 (iii) disproportionate minority contact 14 by law enforcement; 15 (iv) tactical and defensive strategy; 16 (v) arrests, searches, and restraint; 17 (vi) professional verbal communica- 18 tions with civilians; 19 (vii) interactions with youth, the men- 20 tally ill, limited English proficiency, and 21 multi-cultural communities; 22 (viii) proper traffic, pedestrian, and 23 other enforcement stops; and 24 VerDate Sep 11 2014 04:13 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7100.IH H7100 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 7100 IH (ix) community relations and bias 1 awareness. 2 (B) RECRUITMENT, HIRING, RETENTION, 3 AND PROMOTION OF DIVERSE LAW ENFORCE- 4 MENT OFFICERS.—Policies, procedures, and 5 practices for— 6 (i) the hiring and recruitment of di- 7 verse law enforcement officers representa- 8 tive of the communities they serve; 9 (ii) the development of selection, pro- 10 motion, educational, background, and psy- 11 chological standards that comport with 12 title VII of the Civil Rights Act of 1964 13 (42 U.S.C. 2000e et seq.); and 14 (iii) initiatives to encourage residency 15 in the jurisdiction served by the law en- 16 forcement agency and continuing edu- 17 cation. 18 (C) OVERSIGHT.—Complaint procedures, 19 including the establishment of civilian review 20 boards or analogous procedures for jurisdictions 21 across a range of sizes and agency configura- 22 tions, complaint procedures by community- 23 based organizations, early warning systems and 24 related intervention programs, video monitoring 25 VerDate Sep 11 2014 04:13 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7100.IH H7100 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 7100 IH technology, data collection and transparency, 1 and administrative due process requirements in- 2 herent to complaint procedures for members of 3 the public and law enforcement. 4 (D) JUVENILE JUSTICE AND SCHOOL 5 SAFETY.—The development of uniform stand- 6 ards on juvenile justice and school safety, in- 7 cluding standards relating to interaction and 8 communication with juveniles, physical contact, 9 use of lethal and nonlethal force, notification of 10 a parent or guardian, interviews and ques- 11 tioning, custodial interrogation, audio and video 12 recording, conditions of custody, alternatives to 13 arrest, referral to child protection agencies, and 14 removal from school grounds or campus. 15 (E) VICTIM SERVICES.—Counseling serv- 16 ices, including psychological counseling, for in- 17 dividuals and communities impacted by law en- 18 forcement misconduct. 19 (d) AMOUNTS.—Of the amounts appropriated to 20 carry out this title— 21 (1) 4 percent shall be available for grants to In- 22 dian tribal governments; 23 (2) 20 percent shall be available for grants to 24 community-based organizations; 25 VerDate Sep 11 2014 04:13 Jun 24, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7100.IH H7100 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 7100 IH (3) 10 percent shall be available for grants to 1 professional law en [Text truncated for display. 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