,,ii #aafth ,,congress #ast ,session ,s4 #cjfc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ag1 #bjai,mr4 ,cardin introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to encourage greater community accountability of law enforcement agencies1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,law ,enforcement ,trust and ,integrity ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,title ,i--,law ,enforcement ,accreditation,sec4 #aja4 ,accreditation of law enforcement agencies4,title ,,ii--,law ,enforcement ,development ,programs,sec4 #bja4 ,law enforcement grants4,title ,,iii--,administrative ,due ,process ,procedures,sec4 #cja4 ,attorney ,general to conduct study4,title ,,iv--,enhanced ,funding ,to ,combat ,police ,misconduct and ,reform ,police ,departments,sec4 #dja4 ,authorization of appropriations4,title ,v--,national ,task ,force on ,law ,enforcement ,oversight,sec4 #eja4 ,national task force on law enforcement oversight4,title ,,vi--,federal ,data ,collection on ,law ,enforcement ,practices,sec4 #fja4 ,federal data collection on law enforcement practices4,title ,,vii--,medallions for ,fallen ,law ,enforcement ,officers,sec4 #gja4 ,medallions for fallen law enforcement officers4 #b4 ,definitions ,in this ,act3 7#a7 ,community-based organization ,the term community-based organization means a grassroots organization that monitors the issue of police misconduct and that has a national presence and membership1 such as the ,national ,association for the ,advancement of ,colored ,people 7,,naacp71 the ,american ,civil ,liberties ,union 7,,aclu71 the ,national ,council of ,la ,raza1 the ,national ,urban ,league1 the ,national ,congress of ,american ,indians1 or the ,national ,asian ,pacific ,american ,legal ,consortium 7,,napalc74 7#b7 ,law enforcement accreditation organization ,the term law enforcement accreditation organization means a professional law enforcement organization involved in the development of standards of accreditation for law enforcement agencies at the national1 ,state1 regional1 or tribal level1 such as the ,commission on ,accreditation for ,law ,enforcement ,agencies 7,,calea74 7#c7 ,law enforcement agency ,the term law enforcement agency means a ,state1 local1 ,indian tribal1 or campus public agency engaged in the prevention1 detection1 or investigation1 prosecution1 or adjudication of violations of criminal laws4 7#d7 ,professional law enforcement association ,the term professional law enforcement association means a law enforcement membership association that works for the needs of ,federal1 ,state1 local1 or ,indian tribal law enforcement agencies and with the civilian community on matters of common interest1 such as the ,hispanic ,american ,police ,command ,officers ,association 7,,hapcoa71 the ,national ,asian ,pacific ,officers ,association 7,,napoa71 the ,national ,black ,police ,association 7,,nbpa71 the ,national ,latino ,peace ,officers ,association 7,,nlpoa71 the ,national ,organization of ,black ,law ,enforcement ,executives 7,,noble71 ,women in ,law ,enforcement1 the ,native ,american ,law ,enforcement ,association 7,,nalea71 the ,international ,association of ,chiefs of ,police 7,,iacp71 the ,national ,sheriffs' ,association 7,,nsa71 the ,fraternal ,order of ,police 7,,fop71 and the ,national ,association of ,school ,resource ,officers4 7#e7 ,professional civilian oversight organization ,the term professional civilian oversight organization means a membership organization formed to address and advance the cause of civilian oversight of law enforcement and whose members are from ,federal1 ,state1 regional1 local1 or tribal organizations that review issues or complaints against law enforcement agencies or individuals1 such as the ,national ,association for ,civilian ,oversight of ,law ,enforcement 7,,nacole74 ,i ,law ,enforcement ,accreditation #aja4 ,accreditation of law enforcement agencies 7a7 ,standards 7#a7 ,initial analysis ,the ,attorney ,general shall perform an initial analysis of existing accreditation standards and methodology developed by law enforcement accreditation organizations nationwide1 including national1 ,state1 regional1 and tribal accreditation organizations4 ,such an analysis shall include a review of the recommendations of the ,final ,report of the ,president's ,taskforce on #bast ,century ,policing1 issued in ,may #bjae4 7#b7 ,development of uniform standards ,after completion of the initial review and analysis under paragraph 7#a71 the ,attorney ,general shall-- 7,a7 recommend1 in consultation with law enforcement accreditation organizations1 the adoption of additional standards that will result in greater community accountability of law enforcement agencies and an increased focus on policing with a guardian mentality1 including standards relating to-- 7i7 early warning systems and related intervention programs2 7ii7 use of force procedures2 7iii7 civilian review procedures2 7iv7 traffic and pedestrian stop and search procedures2 7v7 data collection and transparency2 7vi7 administrative due process requirements2 7vii7 video monitoring technology2 7viii7 juvenile justice and school safety2 and 7ix7 training2 and 7,b7 recommend additional areas for the development of national standards for the accreditation of law enforcement agencies in consultation with existing law enforcement accreditation organizations1 professional law enforcement associations1 labor organizations1 community-based organizations1 and professional civilian oversight organizations4 7#c7 ,continuing accreditation process ,the ,attorney ,general shall adopt policies and procedures to partner with law enforcement accreditation organizations1 professional law enforcement associations1 labor organizations1 community-based organizations1 and professional civilian oversight organizations to continue the development of further accreditation standards consistent with paragraph 7#b7 and to encourage the pursuit of accreditation of ,federal1 ,state1 local1 and tribal law enforcement agencies by certified law enforcement accreditation organizations4 7b7 ,accreditation grants ,the ,attorney ,general may make funds available to ,state1 local1 tribal law enforcement agencies1 and campus public safety departments under this section to assist in gaining or maintaining accreditation from certified law enforcement accreditation organizations4 ,,ii ,law ,enforcement ,development ,programs #bja4 ,law enforcement grants 7a7 ,grant authorization ,the ,attorney ,general may make grants to ,states1 units of local government1 ,indian tribal governments1 or other public and private entities1 or to any multijurisdictional or regional consortia of such entities1 to study and implement effective management1 training1 recruiting1 hiring1 and oversight standards and programs to promote effective community and problem solving strategies for law enforcement agencies4 7b7 ,project grants ,to study law enforcement agency management ,grants made under subsection 7a7 shall be used for the study of management and operations standards for law enforcement agencies1 including standards relating to administrative due process1 residency requirements1 compensation and benefits1 use of force1 racial profiling1 early warning systems1 juvenile justice1 school safety1 civilian review boards or analogous procedures1 or research into the effectiveness of existing programs1 projects1 or other activities designed to address misconduct by law enforcement officers4 7c7 ,project grants ,to develop pilot programs 7#a7 ,in general ,grants made under subsection 7a7 shall also be used to develop pilot programs and implement effective standards and programs in the areas of training1 hiring and recruitment1 and oversight that are designed to improve management and address misconduct by law enforcement officers4 7#b7 ,components of pilot program ,a pilot program developed under paragraph 7#a7 shall include the following3 7,a7 ,training ,law enforcement policies1 practices1 and procedures addressing training and instruction to comply with accreditation standards in the areas of-- 7i7 the use of lethal1 nonlethal force1 and de-escalation2 7ii7 investigation of misconduct and practices and procedures for referral to prosecuting authorities use of deadly force or racial profiling2 7iii7 disproportionate minority contact by law enforcement2 7iv7 tactical and defensive strategy2 7v7 arrests1 searches1 and restraint2 7vi7 professional verbal communications with civilians2 7vii7 interactions with youth1 the mentally ill1 limited ,english proficiency1 and multi-cultural communities2 7viii7 proper traffic1 pedestrian1 and other enforcement stops2 and 7ix7 community relations and bias awareness4 7,b7 ,recruitment1 hiring1 retention1 and promotion of diverse law enforcement officers ,policies1 procedures1 and practices for-- 7i7 the hiring and recruitment of diverse law enforcement officers representative of the communities they serve2 7ii7 the development of selection1 promotion1 educational1 background1 and psychological standards that comport with title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 and 7iii7 initiatives to encourage residency in the jurisdiction served by the law enforcement agency and continuing education4 7,c7 ,oversight ,complaint procedures1 including the establishment of civilian review boards or analogous procedures for jurisdictions across a range of sizes and agency configurations1 complaint procedures by community-based organizations1 early warning systems and related intervention programs1 video monitoring technology1 data collection and transparency1 and administrative due process requirements inherent to complaint procedures for members of the public and law enforcement4 7,d7 ,juvenile justice and school safety ,the development of uniform standards on juvenile justice and school safety1 including standards relating to interaction and communication with juveniles1 physical contact1 use of lethal and nonlethal force1 notification of a parent or guardian1 interviews and questioning1 custodial interrogation1 audio and video recording1 conditions of custody1 alternatives to arrest1 referral to child protection agencies1 and removal from school grounds or campus4 7,e7 ,victim services ,counseling services1 including psychological counseling1 for individuals and communities impacted by law enforcement misconduct4 7d7 ,amounts ,of the amounts appropriated to carry out this title-- 7#a7 #d percent shall be available for grants to ,indian tribal governments2 7#b7 #bj percent shall be available for grants to community-based organizations2 7#c7 #aj percent shall be available for grants to professional law enforcement associations2 and 7#d7 the remaining funds shall be available for grants to applicants in each ,state in an amount that bears the same ratio to the amount of remaining funds as the population of the ,state bears to the population of all of the ,states4 7e7 ,technical assistance 7#a7 ,in general ,the ,attorney ,general may provide technical assistance to ,states1 units of local government1 ,indian tribal governments1 and to other public and private entities1 in furtherance of the purposes of this section4 7#b7 ,models for reduction of law enforcement misconduct ,the technical assistance provided by the ,attorney ,general may include the development of models for ,state1 local1 and ,indian tribal governments1 and other public and private entities1 to reduce law enforcement officer misconduct4 ,any development of such models shall be in consultation with community-based organizations4 7f7 ,use of components ,the ,attorney ,general may use any component or components of the ,department of ,justice in carrying out this title4 7g7 ,matching funds 7#a7 ,in general ,except in the case of an ,indian tribal government or nonprofit community-based organization1 the portion of the costs of a program1 project1 or activity provided by a grant under subsection 7a7 may not exceed #ge percent4 7#b7 ,waivers ,the ,attorney ,general may waive1 wholly or in part1 the requirement under paragraph 7#a7 of a non-,federal contribution to the costs of a program1 project1 or activity4 7h7 ,applications 7#a7 ,application ,an application for a grant under this title shall be submitted in such form1 and contain such information1 as the ,attorney ,general may prescribe by guidelines4 7#b7 ,priority ,for law enforcement agency applications1 priority shall be given to applicants seeking or having been awarded accreditation from national law enforcement accreditation organizations4 7#c7 ,approval ,a grant may not be made under this title unless an application has been submitted to1 and approved by1 the ,attorney ,general4 7i7 ,performance evaluation 7#a7 ,monitoring components 7,a7 ,in general ,each program1 project1 or activity funded under this title shall contain a monitoring component1 which shall be developed pursuant to guidelines established by the ,attorney ,general4 7,b7 ,requirement ,each monitoring component required under subparagraph 7,a7 shall include systematic identification and collection of data about activities1 accomplishments1 and programs throughout the life of the program1 project1 or activity and presentation of such data in a usable form4 7#b7 ,evaluation components 7,a7 ,in general ,selected grant recipients shall be evaluated on the local level or as part of a national evaluation1 pursuant to guidelines established by the ,attorney ,general4 7,b7 ,requirements ,an evaluation conducted under subparagraph 7,a7 may include independent audits of police behavior and other assessments of individual program implementations4 ,in selected jurisdictions that are able to support outcome evaluations1 the effectiveness of funded programs1 projects1 and activities may be required4 7#c7 ,periodic review and reports ,the ,attorney ,general may require a grant recipient to submit biannually to the ,attorney ,general the results of the monitoring and evaluations required under paragraphs 7#a7 and 7#b7 and such other data and information as the ,attorney ,general determines to be necessary4 7j7 ,revocation or suspension of funding ,if the ,attorney ,general determines1 as a result of monitoring under subsection 7i7 or otherwise1 that a grant recipient under this title is not in substantial compliance with the terms and requirements of the approved grant application submitted under subsection 7h71 the ,attorney ,general may revoke or suspend funding of that grant1 in whole or in part4 7k7 ,definitions ,in this section-- 7#a7 the term civilian review board means an administrative entity that-- 7,a7 is independent and adequately funded2 7,b7 has investigatory authority and staff subpoena power2 7,c7 has representative community diversity2 7,d7 has policy making authority2 7,e7 provides advocates for civilian complainants2 7,f7 has mandatory police power to conduct hearings2 and 7,g7 conducts statistical studies on prevailing complaint trends2 and 7#b7 the term private entity means a private security organization engaged in the prevention1 detection1 or investigation of violations of criminal laws or organizational policy1 such as privately operated campus public safety units or department store security4 ,,iii ,administrative ,due ,process ,procedures #cja4 ,attorney ,general to conduct study 7a7 ,study 7#a7 ,in general ,the ,attorney ,general shall conduct a nationwide study of the prevalence and effect of any law1 rule1 or procedure that allows a law enforcement officer to delay the response to questions posed by a local internal affairs officer1 or review board on the investigative integrity and prosecution of law enforcement misconduct1 including pre-interview warnings and termination policies4 7#b7 ,initial analysis ,the ,attorney ,general shall perform an initial analysis of existing ,state statutes to determine whether1 at a threshold level1 the effect of this type of rule or procedure raises material investigatory issues that could impair or hinder a prompt and thorough investigation of possible misconduct1 including criminal conduct1 that would justify a wider inquiry4 7#c7 ,data collection ,after completion of the initial analysis under paragraph 7#b71 and considering material investigatory issues1 the ,attorney ,general shall gather additional data nationwide on similar rules from a representative and statistically significant sample of jurisdictions1 to determine whether such rules and procedures raise such material investigatory issues4 7b7 ,reporting 7#a7 ,initial analysis ,not later than #abj days after the date of the enactment of this ,act1 the ,attorney ,general shall-- 7,a7 submit to ,congress a report containing the results of the initial analysis conducted under subsection 7a77#b72 7,b7 make the report submitted under subparagraph 7,a7 available to the public2 and 7,c7 identify the jurisdictions for which the study described in subsection 7a77#a7 is to be conducted4 7#b7 ,data collected ,not later than #b years after the date of the enactment of this ,act1 the ,attorney ,general shall submit to ,congress a report containing the results of the data collected under this section and publish the report in the ,federal ,register4 ,,iv ,enhanced ,funding ,to ,combat ,police ,misconduct and ,reform ,police ,departments #dja4 ,authorization of appropriations ,there are authorized to be appropriated for fiscal year #bjai1 in addition to any other sums authorized to be appropriated for this purpose-- 7#a7 #be1jjj1jjj for additional expenses relating to the enforcement of section #bajdja of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abfja71 criminal enforcement under sections #bda and #bdb of title #ah1 ,united ,states ,code1 and administrative enforcement by the ,department of ,justice1 including compliance with consent decrees or judgments entered into under such section #bajdja2 and 7#b7 #c1cjj1jjj for additional expenses related to conflict resolution by the ,department of ,justice's ,community ,relations ,service4 ,v ,national ,task ,force on ,law ,enforcement ,oversight #eja4 ,national task force on law enforcement oversight 7a7 ,establishment ,there is established within the ,department of ,justice a task force to be known as the ,task ,force on ,law ,enforcement ,oversight 7hereinafter in this title referred to as the ,task ,force74 7b7 ,composition ,the ,task ,force shall be composed of individuals appointed by the ,attorney ,general1 who shall appoint not less than #a individual from each of the following3 7#a7 ,the ,special ,litigation ,section of the ,civil ,rights ,division4 7#b7 ,the ,criminal ,section of the ,civil ,rights ,division4 7#c7 ,the ,federal ,coordination and ,compliance ,section of the ,civil ,rights ,division4 7#d7 ,the ,employment ,litigation ,section of the ,civil ,rights ,division4 7#e7 ,the ,disability ,rights ,section of the ,civil ,rights ,division4 7#f7 ,the ,office of ,justice ,programs4 7#g7 ,the ,office of ,community ,oriented ,policing ,services 7,,cops74 7#h7 ,the ,corruption_/,civil ,rights ,section of the ,federal ,bureau of ,investigation4 7#i7 ,the ,community ,relations ,service4 7#aj7 ,the ,office of ,tribal ,justice4 7#aa7 ,the unit within the ,department of ,justice assigned as a liaison for civilian review boards4 7c7 ,powers and duties ,the ,task ,force shall consult with professional law enforcement associations1 labor organizations1 and community-based organizations to coordinate the process of the detection and referral of complaints regarding incidents of alleged law enforcement misconduct4 7d7 ,authorization of appropriations ,there are authorized to be appropriated #e1jjj1jjj for each fiscal year to carry out this section4 ,,vi ,federal ,data ,collection on ,law ,enforcement ,practices #fja4 ,federal data collection on law enforcement practices 7a7 ,agencies ,to report ,each ,federal1 ,state1 and local law enforcement agency shall report data of the practices of that agency to the ,attorney ,general4 7b7 ,breakdown of information by race1 ethnicity1 and gender ,for each practice enumerated in subsection 7c71 the reporting law enforcement agency shall provide a breakdown of the numbers of incidents of that practice by race1 ethnicity1 age1 and gender of the officers and employees of the agency and of members of the public involved in the practice4 7c7 ,practices ,to be reported on ,the practices to be reported on are the following3 7#a7 ,traffic violation stops4 7#b7 ,pedestrian stops4 7#c7 ,frisk and body searches4 7#d7 ,instances where officers or employees of the law enforcement agency used deadly force1 including-- 7,a7 a description of when and where deadly force was used1 and whether it resulted in death2 7,b7 a description of deadly force directed against an officer or employee and whether it resulted in injury or death2 and 7,c7 the law enforcement agency's justification for use of deadly force1 if the agency determines it was justified4 7d7 ,retention of data ,each law enforcement agency required to report data under this section shall maintain records relating to any matter so reportable for not less than #d years after those records are created4 7e7 ,penalty for ,states failing ,to report as required 7#a7 ,in general ,for any fiscal year1 a ,state shall not receive any amount that would otherwise be allocated to that ,state under section #eje7;a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaef7;a771 or any amount from any other law enforcement assistance program of the ,department of ,justice1 unless the ,state has ensured1 to the satisfaction of the ,attorney ,general1 that the ,state and each local law enforcement agency of the ,state is in substantial compliance with the requirements of this section4 7#b7 ,reallocation ,amounts not allocated by reason of this subsection shall be reallocated to ,states not disqualified by failure to comply with this section4 7f7 ,regulations ,the ,attorney ,general shall prescribe regulations to carry out this section4 ,,vii ,medallions for ,fallen ,law ,enforcement ,officers #gja4 ,medallions for fallen law enforcement officers 7a7 ,in general ,the ,attorney ,general1 in consultation with the ,national ,law ,enforcement ,officers ,memorial ,fund1 shall create and provide a distinctive medallion to be issued to the survivors of law enforcement officers-- 7#a7 killed in the line of duty2 and 7#b7 memorialized on the wall of the ,national ,law ,enforcement ,officers ,memorial4 7b7 ,distribution of medallions ,the ,attorney ,general shall make arrangements with the ,national ,law ,enforcement ,officers ,memorial ,fund to distribute the medallions to appropriate survivors of each law enforcement officer memorialized on the wall of the ,national ,law ,enforcement ,officers ,memorial4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary4