National Police Misuse of Force Investigation Board Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 8903 To establish the National Police Misuse of Force Investigation Board, and for other purposes. IN THE HOUSE OF REPRESENTATIVES DECEMBER 8, 2020 Ms. OMAR introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish the National Police Misuse of Force Investigation Board, 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. 3 This Act may be cited as the ‘‘National Police Misuse 4 of Force Investigation Board Act of 2020’’. 5 SEC. 2. GENERAL ORGANIZATION. 6 (a) ORGANIZATION.—The National Police Misuse of 7 Force Investigation Board (hereinafter in this Act referred 8 VerDate Sep 11 2014 20:25 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8903.IH H8903 2 •HR 8903 IH to as the ‘‘Board’’) is an independent establishment of the 1 United States Government. 2 (b) APPOINTMENT OF MEMBERS.—The Board is 3 composed of 8 members appointed by the President, by 4 and with the advice and consent of the Senate. Not more 5 than 4 members may be appointed from the same political 6 party. At least 4 members shall be appointed on the basis 7 of technical qualification, professional standing, and dem- 8 onstrated knowledge in civil rights law, psychology, racial 9 inequality social theory, socioeconomics, or violent conflict 10 mitigation. 11 (c) TERMS OF OFFICE AND REMOVAL.—The term of 12 office of each member is 6 years. An individual appointed 13 to fill a vacancy occurring before the expiration of the 14 term for which the predecessor of that individual was ap- 15 pointed, is appointed for the remainder of that term. 16 When the term of office of a member ends, the member 17 may continue to serve until a successor is appointed and 18 qualified. The President may remove a member for ineffi- 19 ciency, neglect of duty, or malfeasance in office. 20 (d) CHAIRMAN AND VICE CHAIRMAN.—The Presi- 21 dent shall designate, by and with the advice and consent 22 of the Senate, a Chairman of the Board. The President 23 also shall designate a Vice Chairman of the Board. The 24 terms of office of both the Chairman and Vice Chairman 25 VerDate Sep 11 2014 20:25 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8903.IH H8903 3 •HR 8903 IH are 2 years. When the Chairman is absent or unable to 1 serve or when the position of Chairman is vacant, the Vice 2 Chairman acts as Chairman. 3 (e) DUTIES AND POWERS OF CHAIRMAN.—The 4 Chairman is the chief executive and administrative officer 5 of the Board. Subject to the general policies and decisions 6 of the Board, the Chairman shall— 7 (1) appoint and supervise officers and employ- 8 ees, other than regular and full-time employees in 9 the immediate offices of another member, necessary 10 to carry out this Act; 11 (2) fix the pay of officers and employees nec- 12 essary to carry out this Act; 13 (3) distribute business among the officers, em- 14 ployees, and administrative units of the Board; and 15 (4) supervise the expenditures of the Board. 16 (f) QUORUM.—Five members of the Board are a 17 quorum in carrying out duties and powers of the Board. 18 (g) OFFICES, BUREAUS, AND DIVISIONS.—The 19 Board shall establish offices necessary to carry out this 20 Act, including an office to investigate and report on police 21 brutality. The Board shall establish distinct and appro- 22 priately staffed bureaus, divisions, or offices to investigate 23 and report on incidents involving each of the following: 24 (1) Deaths occurring in police custody. 25 VerDate Sep 11 2014 20:25 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8903.IH H8903 4 •HR 8903 IH (2) Officer-involved shootings. 1 (3) Uses of force that result in severe bodily in- 2 jury in police custody. 3 (h) CHIEF FINANCIAL OFFICER.—The Chairman 4 shall designate an officer or employee of the Board as the 5 Chief Financial Officer. The Chief Financial Officer 6 shall— 7 (1) report directly to the Chairman on financial 8 management and budget execution; 9 (2) direct, manage, and provide policy guidance 10 and oversight on financial management and property 11 and inventory control; and 12 (3) review the fees, rents, and other charges im- 13 posed by the Board for services and things of value 14 it provides, and suggest appropriate revisions to 15 those charges to reflect costs incurred by the Board 16 in providing those services and things of value. 17 (i) BOARD MEMBER STAFF.—Each member of the 18 Board shall select and supervise regular and full-time em- 19 ployees in his or her immediate office as long as any such 20 employee has been approved for employment by the des- 21 ignated agency ethics official under the same guidelines 22 that apply to all employees of the Board. Except for the 23 Chairman, the appointment authority provided by this 24 subsection is limited to the number of full-time equivalent 25 VerDate Sep 11 2014 20:25 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8903.IH H8903 5 •HR 8903 IH positions, in addition to 1 senior professional staff at a 1 level not to exceed the GS–15 level and 1 administrative 2 staff, allocated to each member through the Board’s an- 3 nual budget and allocation process. 4 (j) SEAL.—The Board shall have a seal that shall be 5 judicially recognized. 6 (k) CONTENT OF REPORTS.—A report under sub- 7 section (g) shall include the following information: 8 (1) The demographic data of the individual 9 killed or injured by police. 10 (2) The demographics of the officers involved. 11 (3) The circumstances (such as date, time, loca- 12 tion). 13 (4) The reason for the stop or the initial con- 14 tact with the subject, the events leading up to the 15 shooting or use of force (such as search or pursuit). 16 (5) The outcome (such as the types of force 17 used, charges filed, death injury). 18 SEC. 3. SPECIAL BOARDS OF INQUIRY ON POLICE BRU- 19 TALITY. 20 (a) ESTABLISHMENT.—If an incident involves a sub- 21 stantial question history of excessive force use, the influ- 22 ence of historical racial injustice, or civil rights infringe- 23 ment within the community, the Board may establish a 24 special board of inquiry composed of— 25 VerDate Sep 11 2014 20:25 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8903.IH H8903 6 •HR 8903 IH (1) 1 member of the Board acting as chairman; 1 and 2 (2) 2 members representing the public, ap- 3 pointed by the President on notification of the estab- 4 lishment of the special board of inquiry. 5 (b) QUALIFICATIONS AND CONFLICTS OF INTER- 6 EST.—The public members of a special board of inquiry 7 must be qualified by training and experience to participate 8 in the inquiry and may not have a pecuniary interest in 9 an aviation enterprise involved in the incident to be inves- 10 tigated. 11 (c) AUTHORITY.—A special board of inquiry has the 12 same authority that the Board has under this Act. 13 SEC. 4. ADMINISTRATIVE. 14 (a) GENERAL AUTHORITY.— 15 (1) The Board, and when authorized by it, a 16 member of the Board, an administrative law judge 17 employed by or assigned to the Board, or an officer 18 or employee designated by the Chairman of the 19 Board, may conduct hearings to carry out this Act, 20 administer oaths, and require, by subpoena or other- 21 wise, necessary witnesses and evidence. 22 (2) A witness or evidence in a hearing under 23 paragraph (1) of this subsection may be summoned 24 or required to be produced from any place in the 25 VerDate Sep 11 2014 20:25 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8903.IH H8903 7 •HR 8903 IH United States to the designated place of the hearing. 1 A witness summoned under this subsection is enti- 2 tled to the same fee and mileage the witness would 3 have been paid in a court of the United States. 4 (3) A subpoena shall be issued under the signa- 5 ture of the Chairman or the Chairman’s delegate but 6 may be served by any person designated by the 7 Chairman. 8 (4) If a person disobeys a subpoena, order, or 9 inspection notice of the Board, the Board may bring 10 a civil action in a district court of the United States 11 to enforce the subpoena, order, or notice. An action 12 under this paragraph may be brought in the judicial 13 district in which the person against whom the action 14 is brought resides, is found, or does business. The 15 court may punish a failure to obey an order of the 16 court to comply with the subpoena, order, or notice 17 as a contempt of court. 18 (b) ADDITIONAL POWERS.— 19 (1) The Board may— 20 (A) procure the temporary or intermittent 21 services of experts or consultants under section 22 3109 of title 5, United States Code; 23 (B) make agreements and other trans- 24 actions necessary to carry out this Act without 25 VerDate Sep 11 2014 20:25 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8903.IH H8903 8 •HR 8903 IH regard to section 3709 of the Revised Statutes 1 (41 U.S.C. 5); 2 (C) use, when appropriate, available serv- 3 ices, equipment, personnel, and facilities of a 4 department, agency, or instrumentality of the 5 United States Government on a reimbursable or 6 other basis; 7 (D) confer with employees and use serv- 8 ices, records, and facilities of State and local 9 governmental authorities; 10 (E) appoint advisory committees composed 11 of qualified private citizens and officials of the 12 Government and State and local governments 13 as appropriate; 14 (F) accept voluntary and uncompensated 15 services notwithstanding another law; 16 (G) accept gifts of money and other prop- 17 erty; 18 (H) make contracts with nonprofit entities 19 to carry out studies related to duties and pow- 20 ers of the Board; and 21 (I) negotiate and enter into agreements 22 with individuals and private entities and depart- 23 ments, agencies, and instrumentalities of the 24 Government, State and local governments, and 25 VerDate Sep 11 2014 20:25 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8903.IH H8903 9 •HR 8903 IH governments of foreign countries for the provi- 1 sion of facilities, incident-related and technical 2 services or training in police misuse of force in- 3 vestigation theory and techniques, and require 4 that such entities provide appropriate consider- 5 ation for the reasonable costs of any facilities, 6 goods, services, or training provided by the 7 Board. 8 (2) The Board shall deposit in the Treasury 9 amounts received under paragraph (1)(I) of this 10 subsection to be credited as offsetting collections to 11 the appropriation of the Board. The Board shall 12 maintain an annual record of collections received 13 under paragraph (1)(I) of this subsection. 14 (c) SUBMISSION OF CERTAIN COPIES TO CON- 15 GRESS.—When the Board submits to the President or the 16 Director of the Office of Management and Budget a budg- 17 et estimate, budget request, supplemental budget esti- 18 mate, other budget information, a legislative recommenda- 19 tion, prepared testimony for congressional hearings, or 20 comments on legislation, the Board must submit a copy 21 to Congress at the same time. An officer, department, 22 agency, or instrumentality of the Government may not re- 23 quire the Board to submit the estimate, request, informa- 24 tion, recommendation, testimony, or comments to another 25 VerDate Sep 11 2014 20:25 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8903.IH H8903 10 •HR 8903 IH officer, department, agency, or instrumentality of the Gov- 1 ernment for approval, comment, or review before being 2 submitted to Congress. The Board shall develop and ap- 3 prove a process for the Board’s review and comment or 4 approval of documents submitted to the President, Direc- 5 tor of the Office of Management and Budget, or Congress 6 under this subsection. 7 (d) LIAISON COMMITTEES.—The Chairman may de- 8 termine the number of committees that are appropriate 9 to maintain effective liaison with other departments, agen- 10 cies, and instrumentalities of the Government, State and 11 local governmental authorities, and independent standard- 12 setting authorities that carry out programs and activities 13 related to misuse of force by law enforcement officers. The 14 Board may designate representatives to serve on or assist 15 those committees. 16 (e) INQUIRIES.—The Board, or an officer or em- 17 ployee of the Board designated by the Chairman, may con- 18 duct an inquiry to obtain information related to police mis- 19 use of force after publishing notice of the inquiry in the 20 Federal Register. The Board or designated officer or em- 21 ployee may require by order a department, agency, or in- 22 strumentality of the Government, a State or local govern- 23 mental authority, or a person transporting individuals or 24 property in commerce to submit to the Board a written 25 VerDate Sep 11 2014 20:25 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8903.IH H8903 11 •HR 8903 IH report and answers to requests and questions related to 1 a duty or power of the Board. The Board may prescribe 2 the time within which the report and answers must be 3 given to the Board or to the designated officer or em- 4 ployee. Copies of the report and answers shall be made 5 available for public inspection. 6 (f) REGULATIONS.—The Board may prescribe regula- 7 tions to carry out this Act. 8 (g) OVERTIME PAY.— 9 (1) IN GENERAL.—Subject to the requirements 10 of this section and notwithstanding paragraphs (1) 11 and (2) of section 5542(a) of title 5, for an employee 12 of the Board whose basic pay is at a rate which 13 equals or exceeds the minimum rate of basic pay for 14 GS–10 of the General Schedule, the Board may es- 15 tablish an overtime hourly rate of pay for the em- 16 ployee with respect to work performed at the scene 17 of an incident (including travel to or from the scene) 18 and other work that is critical to an incident inves- 19 tigation in an amount equal to one and one-half 20 times the hourly rate of basic pay of the employee. 21 All of such amount shall be considered to be pre- 22 mium pay. 23 (2) LIMITATION ON OVERTIME PAY TO AN EM- 24 PLOYEE.—An employee of the Board may not re- 25 VerDate Sep 11 2014 20:25 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8903.IH H8903 12 •HR 8903 IH ceive overtime pay under paragraph (1), for work [Text truncated for display. 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