,,ii #aahth ,,congress #b;d ,session ,s4 #dche ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bb1 #bjbd,ms4 ,warren 7for herself1 ,ms4 ,hirono1 ,ms4 ,duckworth1 ,mr4 ,wyden1 ,mr4 ,sanders1 ,mr4 ,merkley1 ,mr4 ,van ,hollen1 ,mr4 ,booker1 ,mr4 ,welch1 and ,mr4 ,markey7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to reform pattern or practice investigations conducted by the ,department of ,justice1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,enhancing ,oversight to ,end ,discrimination in ,policing ,act4 #b4 ,consent decree procedures 7a7 ,in general ,the ,attorney ,general1 acting through the ,assistant ,attorney ,general of the ,civil ,rights ,division of the ,department of ,justice1 shall-- 7#a7 modify the procedures for civil consent decrees and consent agreements in civil litigation with ,state and local governmental entities arising from pattern or practice investigations under section #bajdja of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abfja7 to ensure that-- 7,a7 the use of consent decrees and consent agreements fosters the creation and use of remedies that are not limited to law enforcement reforms1 such as mental health support1 including in cases where a pattern or practice of conduct is found to violate the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 or community-based restorative justice mechanisms2 7,b7 community oversight requirements1 such as a community oversight body described in subsection 7b71 are incorporated1 when possible1 into the terms of consent decrees and consent agreements2 and 7,c7 remedies are developed and implemented expeditiously1 when possible2 and 7#b7 in carrying out paragraph 7#a77;,a71 request guidance from the heads of other relevant agencies1 such as the ,secretary of ,housing and ,urban ,development and the ,secretary of ,health and ,human ,services1 on the efficacy of the alternative remedies described in that paragraph4 7b7 ,community oversight body described ,a community oversight body described in this subsection is an oversight entity that-- 7#a7 is comprised of individuals who-- 7,a7 represent the communities and organizations within the ,state or unit of local government to which the consent decree or consent agreement applies2 and 7,b7 do not work1 and have not previously worked1 in a law enforcement capacity2 7#b7 has a role of-- 7,a7 ensuring compliance with the provisions of the consent decree or consent agreement2 and 7,b7 fostering transparency in the administration and personnel of the law enforcement agency2 and 7#c7 has the authority to-- 7,a7 ask questions of the law enforcement agency2 7,b7 obtain documents1 data1 and information from the law enforcement agency2 and 7,c7 make recommendations-- 7i7 for modifications to the provisions of the consent decree or consent agreement1 as necessary2 and 7ii7 to the law enforcement agency or governmental officials overseeing the agency about changes in policing services4 #c4 ,funding for pattern or practice investigations 7a7 ,additional funding 7#a7 ,in general ,there are authorized to be appropriated1 in addition to any other amounts authorized1 #dde1jjj1jjj to the ,civil ,rights ,division of the ,department of ,justice for each of fiscal years #bjbe through #bjcd1 not less than #ajj1jjj1jjj of which shall be made available each fiscal year for enforcement and technical assistance under section #bajdja of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abfja74 7#b7 ,reports to ,congress ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,attorney ,general shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report on the use of amounts appropriated pursuant to the authorization of appropriations under paragraph 7#a71 which shall include a detailed summary of how the amounts were used for pattern or practice investigations4 7b7 ,unlawful conduct ,subtitle ,d of title ,,xxi of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abfja et seq47 is amended-- 7#a7 in the subtitle heading1 by striking ,police2 and 7#b7 in section #bajdja7;a7 7#cd ,u4,s4,c4 #abfja7;a77-- 7,a7 by striking by law enforcement officers or by officials or employees of any governmental agency with responsibility for the administration of juvenile justice or the incarceration of juveniles and inserting by law enforcement officers1 prosecutors1 judges1 officials or employees of any governmental agency with responsibility for the administration of juvenile justice or the incarceration of juveniles1 or other officials or employees of any governmental agency involved in the administration of justice2 and 7,b7 by inserting before the period at the end the following3 1 provided that no prosecutor shall be deemed to have engaged in unlawful conduct under this subsection on the basis of exercising discretion to decline to bring criminal charges4 7c7 ,authority for ,state investigations ,section #bajdja7;b7 of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abfja7;b77 is amended-- 7#a7 by striking ,whenever and inserting the following3 7#a7 ,federal enforcement ,whenever 2 7#b7 in paragraph 7#a71 as so designated1 by striking paragraph 7#a7 and inserting subsection 7a72 and 7#c7 by adding at the end the following3 7#b7 ,state enforcement 7,a7 ,in general ,whenever an attorney general of a ,state has reasonable cause to believe that a violation of subsection 7a7 has occurred by a governmental authority1 or agent thereof1 of the ,state1 including a prosecutor or other agency involved in the administration of justice1 the attorney general1 or another official or agency designated by the ,state1 may in a civil action brought in any appropriate district court of the ,united ,states obtain appropriate equitable and declaratory relief to eliminate the pattern or practice4 7,b7 ,prevention of conflicts of interest 7i7 ,in general ,no official or agency may be designated under subparagraph 7,a7 if-- 7,i7 upon such designation1 the ,attorney ,general determines there is reason to believe-- 7aa7 the official or agency would be unable to conduct an independent investigation2 or 7bb7 a conflict of interest between the official or agency and the governmental authority under investigation exists2 or 7,,ii7 the official is employed by or the agency is within1 as the case may be1 the governmental authority under investigation4 7ii7 ,independent organization required ,in the case of a governmental authority under investigation that is a ,state-wide office1 an independent organization that is unaffiliated with ,state or local government shall be designated under subparagraph 7,a74 7,c7 ,technical assistance ,the ,attorney ,general shall provide technical assistance and training to ,states and units of local government to assist ,states and units of local governments in carrying out pattern or practice investigations and cases4 7,d7 ,rule of construction ,nothing in this paragraph shall be construed to preclude a ,federal investigation or other enforcement under this section during the course of a ,state-led investigation or claim4 4 7d7 ,grant program 7#a7 ,state defined ,in this subsection1 the term ,state means each of the several ,states1 the ,district of ,columbia1 and each commonwealth1 territory1 or possession of the ,united ,states4 7#b7 ,authorization ,the ,attorney ,general may award grants to ,states to assist such ,states in pursuing pattern or practice investigations and cases under section #bajdja of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abfja74 7#c7 ,use of funds ,a grant awarded under this subsection may be used by a ,state to-- 7,a7 conduct pattern or practice investigations and cases under section #bajdja of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abfja72 7,b7 implement and enforce law enforcement reforms to address patterns and practices identified under such section #bajdja1 provided that no funds may be diverted to law enforcement agencies for other law enforcement operations2 and 7,c7 develop non-law enforcement programs that reduce dependence on law enforcement agencies1 such as funding social workers1 behavioral health crisis experts1 and public safety alternatives to police enforcement of traffic rules4 7#d7 ,application ,to be eligible to receive a grant under this subsection1 a ,state shall submit an application to the ,attorney ,general that-- 7,a7 contains clearly defined and measurable objectives for the grant funds2 7,b7 describes how the ,state intends to use the grant funds to pursue1 implement1 and enforce pattern or practice investigations and cases under section #bajdja of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abfja72 7,c7 outlines the qualifications and training of the attorneys1 staff1 and other personnel who are1 or who may be1 assigned to lead or assist pattern or practice investigations and cases2 and 7,d7 demonstrates how the ,state will remedy patterns or practices of unlawful law enforcement conduct through the creation of community-based programs designed to address underlying challenges leading to law enforcement interaction4 7#e7 ,required reporting 7,a7 ,grantee reporting ,not later than #e business days after the last day of each quarter of each fiscal year for which a ,state receives a grant under this subsection1 the ,state shall submit to the ,attorney ,general a report detailing1 for that quarter-- 7i7 how the grant funds were used2 and 7ii7 the progress made towards addressing patterns and practices identified under section #bajdja of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abfja74 7,b7 ,reports to ,congress ,not later than #ah months after the date of enactment of this ,act1 and annually thereafter1 the ,attorney ,general shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report on the grant program established under this subsection1 which shall include-- 7i7 a detailed summary of how grant funds awarded under the grant program were used2 and 7ii7 recommendations1 if any1 for improvements needed for the grant program4 7#f7 ,accountability mechanisms 7,a7 ,monitoring evaluation 7i7 ,in general ,pursuant to rules promulgated by the ,attorney ,general1 the ,attorney ,general shall-- 7,i7 monitor the use of grant funds by each recipient of a grant under this subsection2 and 7,,ii7 evaluate the results of pattern or practice investigations carried out using grants awarded under this subsection4 7ii7 ,types of evaluations ,an evaluation conducted under clause 7i7 may include an independent audit or assessment of-- 7,i7 the behavior of law enforcement officers2 7,,ii7 the performance of a pattern or practice investigation2 or 7,,iii7 the implementation of remedies following a pattern or practice investigation4 7iii7 ,data collection ,the ,attorney ,general may require #a or more recipients of grants under this subsection to collect data on the race1 gender1 socioeconomic status1 and other demographic characteristics of individuals subject to deprivations of the rights1 privileges1 or immunities secured or protected by the ,constitution or laws of the ,united ,states4 7,b7 ,revocation of grant ,if the ,attorney ,general finds1 based on reporting under paragraph 7#e71 monitoring and evaluation under subparagraph 7,a7 of this paragraph1 or other information1 that grant funds awarded under this subsection are being diverted to law enforcement operations or another purpose other than pattern or practice investigations-- 7i7 the ,attorney ,general shall revoke the grant2 and 7ii7 the grantee shall repay to the ,federal ,government any amounts that the grantee-- 7,i7 received through the grant2 and 7,,ii7 has not obligated or expended4 7#g7 ,authorization of appropriations ,there are authorized to be appropriated to the ,attorney ,general #aej1jjj1jjj for each of fiscal years #bjbe through #bjcd to carry out this subsection4