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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1148 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1148

    To provide financial assistance to law enforcement officers for 
   continuing education classes and to develop minimum standards for 
                  effective and responsible policing.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 25, 1993

  Mr. Moran introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
    To provide financial assistance to law enforcement officers for 
   continuing education classes and to develop minimum standards for 
                  effective and responsible policing.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Law Enforcement Responsibility and 
Improvement Act of 1993''.

      TITLE I--CONTINUING EDUCATION FOR LAW ENFORCEMENT OFFICERS.

SEC. 101. STATEMENT OF PURPOSE.

    It is the purpose of this title to assist States to establish 
scholarship programs which--
            (1) assist State and local law enforcement efforts to 
        enhance the educational status of law enforcement personnel; 
        and
            (2) provide educational assistance to law enforcement 
        personnel seeking continuing education;

SEC. 102. ALLOTMENT.

    From amounts appropriated under the authority of section 110, the 
Assistant Attorney General shall allocate--
            (1) 80 percent of such funds to States on the basis of the 
        number of law enforcement officers in each State; and
            (2) 20 percent of such funds to States on the basis of a 
        State's shortage of law enforcement personnel and the need for 
        assistance under this title.

SEC. 103. PROGRAM ESTABLISHED.

    (a) In General.--From amounts available under this title, each 
State shall pay the Federal share of the cost of awarding scholarships 
to law enforcement personnel to enable such personnel during nonworking 
hours to enroll in courses, not to exceed a total of 18 credit hours, 
at an institution of higher education.
    (b) Federal Share.--(1) The Federal share of the cost of 
scholarships under this title shall not exceed 60 percent.
    (2) The non-Federal share of the cost of scholarships under this 
title shall be supplied from sources other than the Federal Government.
    (c) Lead Agency.--Each State receiving an allotment under section 
102 to conduct a scholarship program in a State in accordance with the 
provisions of this title shall designate an appropriate State agency to 
serve as the lead agency in carrying out the provisions of this title.
    (d) Responsibilities of Assistant Attorney General.--The Assistant 
Attorney General shall be responsible for the administration of the 
program conducted pursuant to this title and shall, in consultation 
with the Assistant Secretary for Postsecondary Education, promulgate 
regulations to implement this title.
    (e) Administrative Expenses.--Each State receiving an allotment 
under section 102 may reserve not more than 8 percent of such allotment 
for administrative expenses.
    (f) Supplementation of Funding.--Funds received under this title 
shall be used to supplement, and not to supplant, Federal, State, or 
local efforts to provide for continuing education of law enforcement 
personnel.

SEC. 104. SCHOLARSHIPS.

    (a) Restrictions.--Notwithstanding a change in law enforcement 
positions or departments or an institution of higher education, a law 
enforcement officer is eligible to receive scholarship funds for a 
total of 18 credit hours.
    (b) Use of Scholarships.--A law enforcement officer awarded a 
scholarship under this title may use such scholarship for educational 
expenses at an accredited institution of higher education.
    (c) Eligibility.--A law enforcement officer shall be eligible to 
receive a scholarship under this title if such individual has been 
employed in law enforcement for the 1-year period immediately preceding 
the date on which assistance is sought.

SEC. 105. STATE APPLICATION.

    (a) In General.--Each State desiring an allotment under section 102 
shall submit an application to the Assistant Attorney General at such 
time, in such manner, and accompanied by such information as the 
Assistant Attorney General may reasonably require. Each such 
application shall--
            (1) contain assurances that the lead agency shall work in 
        cooperation with the local law enforcement liaisons, 
        representatives of police labor organizations and police 
        management organizations, and other appropriate State and local 
        agencies to develop and implement interagency agreements 
        designed to carry out the provisions of this title;
            (2) contain assurances that the State shall advertise the 
        scholarship assistance provided under this title;
            (3) contain assurances that the State shall screen and 
        select law enforcement personnel for participation in the 
        scholarship program under this title;
            (4) contain assurances that the State shall make 
        scholarship payments to institutions of higher education on 
        behalf of individuals receiving financial assistance under this 
        title; and
            (5) identify model curriculum and existing programs 
        designed to meet the educational and professional needs of law 
        enforcement personnel.

SEC. 106. LOCAL APPLICATION.

    Each individual desiring to receive a scholarship under this title 
shall submit an application to the State at such time, in such manner, 
and accompanied by such information as the State may reasonably 
require. Each such application shall describe the academic courses for 
which financial assistance is sought.

SEC. 107. SCHOLARSHIP AGREEMENT.

    (a) In General.--Each individual receiving a scholarship under this 
title shall enter into an agreement with the Assistant Attorney 
General.
    (b) Contents.--Each agreement described in subsection (a) shall 
provide assurances that such individual shall make every effort to meet 
all course requirements.

SEC. 108. REPORTS TO CONGRESS.

    Not later than April 1 of each fiscal year, the Assistant Attorney 
General shall submit a report to the Attorney General, the President, 
the Speaker of the House of Representatives, and the President of the 
Senate. Such report shall--
            (1) state the number of present and past scholarship 
        recipients under this title;
            (2) describe the geographic, racial, and gender dispersion 
        of scholarship recipients; and
            (3) describe the progress of the program and make 
        recommendations for changes in the program.

SEC. 109. DEFINITIONS.

    As used in this title--
            (1) the term ``Assistant Attorney General'' means the 
        Assistant Attorney General of the Office of Justice Programs;
            (2) the term ``educational expenses'' means expenses that 
        are directly attributable to a course offered at an institution 
        of higher education, including the cost of tuition, fees, 
        books, supplies and related expenses;
            (3) the term ``institution of higher education'' has the 
        same meaning given such term in section 1401(a) of the Higher 
        Education Act of 1965;
            (4) the term ``law enforcement position'' means employment 
        as an officer in a State or local police force, or correctional 
        institution; and
            (5) the term ``State'' means a State of the United States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands, American Samoa, Guam, and the Commonwealth of 
        the Northern Mariana Islands.

SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $3,000,000 for each of the 
fiscal years 1994, 1995, 1996, 1997, and 1998 to carry out the 
provisions of this title.

          TITLE II--LAW ENFORCEMENT RESPONSIBILITY PROVISIONS

                    Subtitle A--Police Accreditation

SEC. 201. APPLICATION FOR ACCREDITATION.

    (a) In General.--Subject to subsections (b) and (c), law 
enforcement agencies of a State, unit of local government, or non-
Federal public agency may apply for law enforcement agency 
accreditation.
    (b) Filing of Accreditation Application.--Applications for 
accreditation as provided under section (a), may be filed with the 
Commission on Accreditation of Law Enforcement Agencies.
    (c) Forwarding to Justice Department.--A copy of the application 
filed under subsection (b) shall then be forwarded to the Accreditation 
Coordinator at the Department of Justice as provided for in section 
202(b).
    (d) Good Faith.--Law enforcement agencies shall file the 
application for accreditation in good faith, and shall use all good 
faith efforts to assist in processing the application for 
accreditation.

SEC. 202. FEDERAL ASSISTANCE FOR AGENCIES SEEKING ACCREDITATION.

    (a) In General.--The Attorney General shall be given the discretion 
under section 524(c)(1) of title 28, United States Code, to provide 
financial and technical assistance, as provided in subsections (b), 
(c), and (d) for law enforcement agencies applying for accreditation as 
provided in section 201.
    (b) Accreditation Coordinator.--The Attorney General shall appoint 
an Accreditation Coordinator to assist law enforcement agencies seeking 
Federal assistance in processing accreditation as provided in section 
201.
    (c) Additional Accreditation Staffing.--The Accreditation 
Coordinator shall provide necessary personnel to assist law enforcement 
agencies in processing applications for accreditation and complete the 
accreditation process as provided by section 201.
    (d) Reimbursement of Administrative Costs.--Upon request, the 
Accreditation Coordinator may reimburse a law enforcement agency for 
any administrative costs incurred by such law enforcement agency in 
processing the application for accreditation if--
            (1) such law enforcement agency has requested assistance 
        from the Accreditation Coordinator;
            (2) the Accreditation Coordinator did not furnish such 
        assistance but did certify the agency as likely to benefit in 
        terms of improved law enforcement from the process and as 
        eligible for expense reimbursement; and
            (3) such law enforcement agency has successfully completed 
        the accreditation process as provided in section 201.
    (e) Financing.--The total monies provided under subsection (a) 
shall not be greater than $1,000,000 or 1 percent of those monies 
available to the Attorney General under section 524(c)(1) of title 28, 
United States Code.

     Subtitle B--Civilian Protection in Cases of Police Misconduct

SEC. 211. CIVILIAN PROTECTION IN CASES OF POLICE MISCONDUCT.

    State, local, and public law enforcement agencies shall have 
procedures as established in subsection (b), allowing citizen 
submission of sworn complaints regarding the action, or inaction, of 
the law enforcement agency, law enforcement officers in the agency, or 
employees of the agency.

SEC. 212. MINIMUM STANDARDS.

    Subject to section 213, individual law enforcement agencies shall 
provide, at a minimum, that--
            (1) the general public has access to required forms and 
        information concerning the submission, and disposition of sworn 
        complaints;
            (2) the law enforcement agency assist individuals in filing 
        complaints;
            (3) adequate records to allow regular monitoring of the 
        nature and disposition of such cases are to be maintained by 
        the agency;
            (4) the law enforcement agency has established written 
        procedures for hearings; and
            (5) the complainant receives a written report on the final 
        disposition of the complaint.

SEC. 213. SEALED RECORDS.

    Any or all records required under section 212 may be sealed to 
prevent public disclosure if--
            (1) good cause has been shown by order of a court of 
        competent jurisdiction, and
            (2) such order is public record and states reasons for 
        sealing.

          Subtitle C--Law Enforcement Officer's Responsibility

SEC. 221. RESPONSIBILITIES OF LAW ENFORCEMENT OFFICERS UNDER 
              INVESTIGATION.

    Whenever a law enforcement officer is under formal investigation 
for alleged malfeasance, misfeasance, or nonfeasance of official duty, 
with a view to possible disciplinary action, demotion, dismissal, 
suspension, or criminal charges, except as provided in section 226, the 
following minimum standards shall apply:
            (1) The law enforcement officer shall be informed in 
        writing of all charges made against the officer, the nature and 
        purpose of the investigation and the name, rank, and command of 
        the person or persons conducting such investigation and shall 
        be given the opportunity to review any evidence or testimony 
        relevant to the charges, in the possession of the law 
        enforcement agency.
            (2) Except when the officer is requested to fulfill normal 
        administrative duties or to provide the law enforcement agency 
        with necessary reports on performance of duty, no adverse 
        inference shall be drawn and no punitive action taken from a 
        refusal of the law enforcement officer being investigated to 
        participate in such investigation.
            (3) The law enforcement officer being investigated shall be 
        informed, in writing, of the date, time, and location of such 
        questioning, of all persons who will be present during such 
        questioning, and of the rights established by this title.
            (4) Except in emergency or adverse situations, no 
        questioning of any law enforcement officer shall be conducted 
        except during the officer's regularly scheduled working hours, 
        unless the law enforcement officer otherwise agrees and except 
        when such questioning is part of a normal supervisory operating 
        of the law enforcement agency.
            (5) Any questioning shall be for a reasonable period of 
        time, in a reasonable place, and shall allow for reasonable 
        periods for the rest and personal necessities of such officer.
            (6) The law enforcement officer shall be entitled to the 
        presence of a person of the officer's choice at any 
        interrogation in connection with the formal investigation.

SEC. 222. NOTICE OF DISCIPLINARY ACTION.

    Whenever a personnel action is taken against a law enforcement 
officer which could result in any loss of pay, benefits or seniority, 
or in suspension or termination, pursuant to an investigation of 
alleged malfeasance, misfeasance, or nonfeasance of official duty, such 
law enforcement officer shall be notified and informed of the reasons 
for such action at least five working days before such action takes 
effect.

SEC. 223. ENTITLEMENT TO A HEARING.

    (a) In General.--If the investigation of a law enforcement officer 
results in the recommendations of disciplinary action, such as 
demotion, dismissal, or similar action, then, except as provided in 
section 226, the law enforcement officer shall be entitled to a hearing 
before an impartial decisionmaker.
    (b) Decisions in Writing.--The decisions of the decisionmaker, and 
reason therefor, shall be in writing, shall be transmitted promptly to 
the law enforcement officer and to the chief executive officer of the 
law enforcement agency.
    (c) Final and Binding.--The decisions of the decisionmaker shall be 
final and binding.

SEC. 224. REPRESENTATION ON COMPLAINT REVIEW BOARDS.

    Whenever a police complaint review board has been established which 
includes in its membership persons other than law enforcement officers 
of the agencies under the jurisdiction of such board, such board shall 
include a fair representation of such officers including at least one 
officer of equal rank to the officer charged.

SEC. 225. PROTECTION FROM RETALIATION FOR EXERCISING RIGHTS.

    There shall be no penalty nor threat of penalty to any law 
enforcement officer for the exercise of the rights established in this 
title.

SEC. 226. EXCLUSIONARY PROVISIONS.

    The provisions of this subtitle do not apply to questioning carried 
out as part of a law enforcement agency's routine supervision of a law 
enforcement officer, summary discipline, administrative action, or 
emergency suspension.

                     Subtitle D--General Provisions

SEC. 231. PRIVATE ENFORCEMENT.

    Any citizen or law enforcement officer shall have the right to 
recover pecuniary and other damages including, but not limited to, full 
reinstatement of a law enforcement officer, from any person or 
agencies, including law enforcement agencies, which violate the rights 
established by this title.

SEC. 232. OTHER REMEDIES NOT DISPARAGED.

    Nothing in this title shall disparage or impair any other legal 
remedy with respect to rights established by this title or any other 
State or Federal law.

SEC. 233. EXCLUSION FOR STATES THAT MEET OR EXCEED PROVISIONS.

    Nothing in this title shall be construed to preempt any State law 
which meets or exceeds the minimum requirements set forth by this 
title.

SEC. 234. DEFINITIONS.

    As used in this title--
            (1) the term ``complaint review board'' means any public 
        body which has specific lawful authority to investigate 
        civilian complaints of improper conduct by law enforcement 
        officers and take public action, including the issuance of 
        findings and reports, but shall not include any law enforcement 
        agency, a grand jury, or other judicially-appointed body;
            (2) the term ``law enforcement agency'' means any non-
        Federal public agency, except Federal law enforcement agencies, 
        charged with the duty to investigate crimes, apprehend persons 
        charged with such crimes, and hold in custody persons charged 
        with such crimes;
            (3) the term ``law enforcement officer'' means any sworn 
        officer of a public agency, if the official legal function of 
        such agency is the investigation of reports of criminal 
        activity or crimes, or the apprehension or holding in custody 
        of persons charged or convicted of crimes, and includes all 
        police, sheriffs' deputies, bailiffs, and corrections guards as 
        defined by the applicable State law;
            (4) the terms ``summary discipline'' and ``administrative 
        action'' mean discipline imposed for minor violations of 
        department rules and regulations, which does not result in 
        dismissal, demotion, transfer, loss of pay, or similar action; 
        and
            (5) the term ``emergency suspension'' means situations in 
        which the head of the law enforcement agency determines such 
        temporary action is necessary to protect the interest of the 
        public and the law enforcement agency and do not continue 
        longer than the public necessity.

                                 <all>

HR 1148 IH----2
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