II 

114TH CONGRESS 

1ST SESSION S. 2168 

To encourage greater community accountability of law enforcement agencies, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 8, 2015 

Mr. CARDIN (for himself and Mr. UDALL) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To encourage greater community accountability of law 

enforcement agencies, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Law Enforcement Trust and Integrity Act of 2015’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

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 


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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 

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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) COMMUNITY-BASED ORGANIZATION.—The 

4 term ‘‘community-based organization’’ means a 

5 grassroots organization that monitors the issue of 

6 police misconduct and that has a national presence 

7 and membership, such as the National Association 

8 for the Advancement of Colored People (NAACP), 

9 the American Civil Liberties Union (ACLU), the 

10 National Council of La Raza, the National Urban 

11 League, the National Congress of American Indians, 

12 or the National Asian Pacific American Legal Con13 sortium (NAPALC). 

14 (2) LAW ENFORCEMENT ACCREDITATION ORGA15 NIZATION.—The term ‘‘law enforcement accreditaVerDate Sep 11 2014 03:05 Oct 10, 2015 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2168.IS S2168

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1 tion organization’’ means a professional law enforce2 ment organization involved in the development of 

3 standards of accreditation for law enforcement agen4 cies at the national, State, regional, or tribal level, 

5 such as the Commission on Accreditation for Law 

6 Enforcement Agencies (CALEA). 

7 (3) LAW ENFORCEMENT AGENCY.—The term 

8 ‘‘law enforcement agency’’ means a State, local, In9 dian tribal, or campus public agency engaged in the 

10 prevention, detection, or investigation, prosecution, 

11 or adjudication of violations of criminal laws. 

12 (4) PROFESSIONAL LAW ENFORCEMENT ASSO13 CIATION.—The term ‘‘professional law enforcement 

14 association’’ means a law enforcement membership 

15 association that works for the needs of Federal, 

16 State, local, or Indian tribal law enforcement agen17 cies and with the civilian community on matters of 

18 common interest, such as the Hispanic American 

19 Police Command Officers Association (HAPCOA), 

20 the National Asian Pacific Officers Association 

21 (NAPOA), the National Black Police Association 

22 (NBPA), the National Latino Peace Officers Asso23 ciation (NLPOA), the National Organization of 

24 Black Law Enforcement Executives (NOBLE), 

25 Women in Law Enforcement, the Native American 


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1 Law Enforcement Association (NALEA), the Inter2 national Association of Chiefs of Police (IACP), the 

3 National Sheriffs’ Association (NSA), the Fraternal 

4 Order of Police (FOP), and the National Association 

5 of School Resource Officers. 

6 (5) PROFESSIONAL CIVILIAN OVERSIGHT ORGA7 NIZATION.—The term ‘‘professional civilian oversight 

8 organization’’ means a membership organization 

9 formed to address and advance the cause of civilian 

10 oversight of law enforcement and whose members 

11 are from Federal, State, regional, local, or tribal or12 ganizations that review issues or complaints against 

13 law enforcement agencies or individuals, such as the 

14 National Association for Civilian Oversight of Law 

15 Enforcement (NACOLE). 

16 TITLE I—LAW ENFORCEMENT 

17 ACCREDITATION 

18 SEC. 101. ACCREDITATION OF LAW ENFORCEMENT AGEN19 CIES. 

20 (a) STANDARDS.— 

21 (1) INITIAL ANALYSIS.—The Attorney General 

22 shall perform an initial analysis of existing accredi23 tation standards and methodology developed by law 

24 enforcement accreditation organizations nationwide, 


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1 including national, State, regional, and tribal accred2 itation organizations. 

3 (2) DEVELOPMENT OF UNIFORM STANDARDS.— 

4 After completion of the initial review and analysis 

5 under paragraph (1), the Attorney General shall— 

6 (A) recommend, in consultation with law 

7 enforcement accreditation organizations, the 

8 adoption of additional standards that will result 

9 in greater community accountability of law en10 forcement agencies and an increased focus on 

11 policing with a guardian mentality, including 

12 standards relating to— 

13 (i) early warning systems and related 

14 intervention programs; 

15 (ii) use of force procedures; 

16 (iii) civilian review procedures; 

17 (iv) traffic and pedestrian stop and 

18 search procedures; 

19 (v) data collection and transparency; 

20 (vi) administrative due process re21 quirements; 

22 (vii) video monitoring technology; 

23 (viii) juvenile justice and school safe24 ty; and 

25 (ix) training; and 


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1 (B) recommend additional areas for the 

2 development of national standards for the ac3 creditation of law enforcement agencies in con4 sultation with existing law enforcement accredi5 tation organizations, professional law enforce6 ment associations, labor organizations, commu7 nity-based organizations, and professional civil8 ian oversight organizations. 

9 (3) CONTINUING ACCREDITATION PROCESS.— 

10 The Attorney General shall adopt policies and proce11 dures to partner with law enforcement accreditation 

12 organizations, professional law enforcement associa13 tions, labor organizations, community-based organi14 zations, and professional civilian oversight organiza15 tions to continue the development of further accredi16 tation standards consistent with paragraph (2) and 

17 to encourage the pursuit of accreditation of Federal, 

18 State, local, and tribal law enforcement agencies by 

19 certified law enforcement accreditation organiza20 tions. 

21 (b) ACCREDITATION GRANTS.—The Attorney Gen22 eral may make funds available to State, local, tribal law 

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1 ing accreditation from certified law enforcement accredita2 tion organizations. 

3 TITLE II—LAW ENFORCEMENT 

4 DEVELOPMENT PROGRAMS 

5 SEC. 201. LAW ENFORCEMENT GRANTS. 

6 (a) GRANT AUTHORIZATION.—The Attorney General 

7 may make grants to States, units of local government, In8 dian tribal governments, or other public and private enti9 ties, or to any multijurisdictional or regional consortia of 

10 such entities, to study and implement effective manage11 ment, training, recruiting, hiring, and oversight standards 

12 and programs to promote effective community and prob13 lem solving strategies for law enforcement agencies. 

14 (b) PROJECT GRANTS TO STUDY LAW ENFORCE15 MENT AGENCY MANAGEMENT.—Grants made under sub16 section (a) shall be used for the study of management and 

17 operations standards for law enforcement agencies, includ18 ing standards relating to administrative due process, resi19 dency requirements, compensation and benefits, use of 

20 force, racial profiling, early warning systems, juvenile jus21 tice, school safety, civilian review boards or analogous pro22 cedures, or research into the effectiveness of existing pro23 grams, projects, or other activities designed to address 

24 misconduct by law enforcement officers. 


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1 (c) PROJECT GRANTS TO DEVELOP PILOT PRO2 GRAMS.— 

3 (1) IN GENERAL.—Grants made under sub4 section (a) shall also be used to develop pilot pro5 grams and implement effective standards and pro6 grams in the areas of training, hiring and recruit7 ment, and oversight that are designed to improve 

8 management and address misconduct by law enforce9 ment officers. 

10 (2) COMPONENTS OF PILOT PROGRAM.—A pilot 

11 program developed under paragraph (1) shall in12 clude the following: 

13 (A) TRAINING.—Law enforcement policies, 

14 practices, and procedures addressing training 

15 and instruction to comply with accreditation 

16 standards in the areas of— 

17 (i) the use of lethal, nonlethal force, 

18 and de-escalation; 

19 (ii) investigation of misconduct and 

20 practices and procedures for referral to 

21 prosecuting authorities use of deadly force 

22 or racial profiling; 

23 (iii) disproportionate minority contact 

24 by law enforcement; 

25 (iv) tactical and defensive strategy; 


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1 (v) arrests, searches, and restraint; 

2 (vi) professional verbal communica3 tions with civilians; 

4 (vii) interactions with youth, the men5 tally ill, and limited English proficiency, 

6 multi-cultural communities; 

7 (viii) proper traffic, pedestrian, and 

8 other enforcement stops; and 

9 (ix) community relations and bias 

10 awareness. 

11 (B) RECRUITMENT, HIRING, RETENTION, 

12 AND PROMOTION OF DIVERSE LAW ENFORCE13 MENT OFFICERS.—Policies, procedures, and 

14 practices for— 

15 (i) the hiring and recruitment of di16 verse law enforcement officers representa17 tive of the communities they serve; 

18 (ii) the development of selection, pro19 motion, educational, background, and psy20 chological standards that comport with 

21 title VII of the Civil Rights Act of 1964 

22 (42 U.S.C. 2000e et seq.); and 

23 (iii) initiatives to encourage residency 

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1 forcement agency and continuing edu2 cation. 

3 (C) OVERSIGHT.—Complaint procedures, 

4 including the establishment of civilian review 

5 boards or analogous procedures for jurisdictions 

6 across a range of sizes and agency configura7 tions, complaint procedures by community8 based organizations, early warning systems and 

9 related intervention programs, video monitoring 

10 technology, data collection and transparency, 

11 and administrative due process requirements in12 herent to complaint procedures for members of 

13 the public and law enforcement. 

14 (D) JUVENILE JUSTICE AND SCHOOL

15 SAFETY.—The development of uniform stand16 ards on juvenile justice and school safety, in17 cluding standards relating to interaction and 

18 communication with juveniles, physical contact, 

19 use of lethal and nonlethal force, notification of 

20 a parent or guardian, interviews and ques21 tioning, custodial interrogation, audio and video 

22 recording, conditions of custody, alternatives to 

23 arrest, referral to child protection agencies, and 

24 removal from school grounds or campus. 


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1 (E) VICTIM SERVICES.—Counseling serv2 ices, including psychological counseling, for in3 dividuals and communities impacted by law en4 forcement misconduct. 

5 (d) AMOUNTS.—Of the amounts appropriated to 

6 carry out this title— 

7 (1) 4 percent shall be available for grants to In8 dian tribal governments; 

9 (2) 20 percent shall be available for grants to 

10 community-based organizations; 

11 (3) 10 percent shall be available for grants to 

12 professional law enforcement associations; and 

13 (4) the remaining funds shall be available for 

14 grants to applicants in each State in an amount that 

15 bears the same ratio to the amount of remaining 

16 funds as the population of the State bears to the 

17 population of all of the States. 

18 (e) TECHNICAL ASSISTANCE.— 

19 (1) IN GENERAL.—The Attorney General may 

20 provide technical assistance to States, units of local 

21 government, Indian tribal governments, and to other 

22 public and private entities, in furtherance of the pur23 poses of this section. 

24 (2) MODELS FOR REDUCTION OF LAW EN25 FORCEMENT MISCONDUCT.—The technical assistance 


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1 provided by the Attorney General may include the 

2 development of models for State, local, and Indian 

3 tribal governments, and other public and private en4 tities, to reduce law enforcement officer misconduct. 

5 Any development of such models shall be in con6 sultation with community-based organizations. 

7 (f) USE OF COMPONENTS.—The Attorney General 

8 may use any component or components of the Department 

9 of Justice in carrying out this title. 

10 (g) MATCHING FUNDS.— 

11 (1) IN GENERAL.—Except in the case of an In12 dian tribal government or nonprofit community13 based organization, the portion of the costs of a pro14 gram, project, or activity provided by a grant under 

15 subsection (a) may not exceed 75 percent. 

16 (2) WAIVERS.—The Attorney General may 

17 waive, wholly or in part, the requirement under 

18 paragraph (1) of a non-Federal contribution to the 

19 costs of a program, project, or activity. 

20 (h) APPLICATIONS.— 

21 (1) APPLICATION.—An application for a grant 

22 under this title shall be submitted in such form, and 

23 contain such information, as the Attorney General 

24 may prescribe by guidelines. 


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1 (2) PRIORITY.—For law enforcement agency 

2 applications, priority shall be given to applicants 

3 seeking or having been awarded accreditation from 

4 national law enforcement accreditation organiza5 tions. 

6 (3) APPROVAL.—A grant may not be made 

7 under this title unless an application has been sub8 mitted to, and approved by, the Attorney General. 

9 (i) PERFORMANCE EVALUATION.— 

10 (1) MONITORING COMPONENTS.— 

11 (A) IN GENERAL.—Each program, project, 

12 or activity funded under this title shall contain 

13 a monitoring component, which shall be devel14 oped pursuant to guidelines established by the 

15 Attorney General. 

16 (B) REQUIREMENT.—Each monitoring 

17 component required under subparagraph (A) 

18 shall include systematic identification and col19 lection of data about activities, accomplish20 ments, and programs throughout the life of the 

21 program, project, or activity and presentation 

22 of such data in a usable form. 

23 (2) EVALUATION COMPONENTS.— 

24 (A) IN GENERAL.—Selected grant recipi25 ents shall be evaluated on the local level or as 


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1 part of a national evaluation, pursuant to 

2 guidelines established by the Attorney General. 

3 (B) REQUIREMENTS.—An evaluation con4 ducted under subparagraph (A) may include 

5 independent audits of police behavior and other 

6 assessments of individual program implementa7 tions. In selected jurisdictions that are able to 

8 support outcome evaluations, the effectiveness 

9 of funded programs, projects, and activities 

10 may be required. 

11 (3) PERIODIC REVIEW AND REPORTS.—The At12 torney General may require a grant recipient to sub13 mit biannually to the Attorney General the results of 

14 the monitoring and evaluations required under para15 graphs (1) and (2) and such other data and infor16 mation as the Attorney General determines to be 

17 necessary. 

18 (j) REVOCATION OR SUSPENSION OF FUNDING.—If 

19 the Attorney General determines, as a result of monitoring 

20 under subsection (i) or otherwise, that a grant recipient 

21 under this title is not in substantial compliance with the 

22 terms and requirements of the approved grant application 

23 submitted under subsection (h), the Attorney General may 

24 revoke or suspend funding of that grant, in whole or in 

25 part. 


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1 (k) DEFINITIONS.—In this section— 

2 (1) the term ‘‘civilian review board’’ means an 

3 administrative entity that— 

4 (A) is independent and adequately funded; 

5 (B) has investigatory authority and staff 

6 subpoena power; 

7 (C) has representative community diver8 sity; 

9 (D) has policymaking authority; 

10 (E) provides advocates for civilian com11 plainants; 

12 (F) has mandatory police power to conduct 

13 hearings; and 

14 (G) conducts statistical studies on pre15 vailing complaint trends; and 

16 (2) the term ‘‘private entity’’ means a private 

17 security organization engaged in the prevention, de18 tection, or investigation of violations of criminal laws 

19 or organizational policy, such as privately operated 

20 campus public safety units or department store secu21 rity. 

22 TITLE III—ADMINISTRATIVE 

23 DUE PROCESS PROCEDURES 

24 SEC. 301. ATTORNEY GENERAL TO CONDUCT STUDY. 

25 (a) STUDY.— 


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1 (1) IN GENERAL.—The Attorney General shall 

2 conduct a nationwide study of the prevalence and ef3 fect of any law, rule, or procedure that allows a law 

4 enforcement officer to delay the response to ques5 tions posed by a local internal affairs officer, or re6 view board on the investigative integrity and pros7 ecution of law enforcement misconduct, including 

8 pre-interview warnings and termination policies. 

9 (2) INITIAL ANALYSIS.—The Attorney General 

10 shall perform an initial analysis of existing State 

11 statutes to determine whether, at a threshold level, 

12 the effect of this type of rule or procedure raises 

13 material investigatory issues that could impair or 

14 hinder a prompt and thorough investigation of pos15 sible misconduct, including criminal conduct, that 

16 would justify a wider inquiry. 

17 (3) DATA COLLECTION.—After completion of 

18 the initial analysis under paragraph (2), and consid19 ering material investigatory issues, the Attorney 

20 General shall gather additional data nationwide on 

21 similar rules from a representative and statistically 

22 significant sample of jurisdictions, to determine 

23 whether such rules and procedures raise such mate24 rial investigatory issues. 

25 (b) REPORTING.— 


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1 (1) INITIAL ANALYSIS.—Not later than 120 

2 days after the date of the enactment of this Act, the 

3 Attorney General shall— 

4 (A) submit to Congress a report containing 

5 the results of the initial analysis conducted 

6 under subsection (a)(2); 

7 (B) make the report submitted under sub8 paragraph (A) available to the public; and 

9 (C) identify the jurisdictions for which the 

10 study described in subsection (a)(1) is to be 

11 conducted. 

12 (2) DATA COLLECTED.—Not later than 2 years 

13 after the date of the enactment of this Act, the At14 torney General shall submit to Congress a report 

15 containing the results of the data collected under 

16 this section and publish the report in the Federal 

17 Register. 

18 TITLE IV—ENHANCED FUNDING 

19 TO COMBAT POLICE MIS20 CONDUCT 

21 SEC. 401. AUTHORIZATION OF APPROPRIATIONS. 

22 There are authorized to be appropriated for fiscal 

23 year 2016, in addition to any other sums authorized to 

24 be appropriated for this purpose— 


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1 (1) $5,000,000 for additional expenses relating 

2 to the enforcement of section 210401 of the Violent 

3 Crime Control and Law Enforcement Act of 1994 

4 (42 U.S.C. 14141), criminal enforcement under sec5 tions 241 and 242 of title 18, United States Code, 

6 and administrative enforcement by the Department 

7 of Justice; and 

8 (2) $3,300,000 for additional expenses related 

9 to conflict resolution by the Department of Justice’s 

10 Community Relations Service. 

11 TITLE V—NATIONAL TASK 

12 FORCE ON LAW ENFORCE13 MENT OVERSIGHT 

14 SEC. 501. NATIONAL TASK FORCE ON LAW ENFORCEMENT 

15 OVERSIGHT. 

16 (a) ESTABLISHMENT.—There is established within 

17 the Department of Justice a task force to be known as 

18 the Task Force on Law Enforcement Oversight (herein19 after in this title referred to as the ‘‘Task Force’’). 

20 (b) COMPOSITION.—The Task Force shall be com21 posed of individuals appointed by the Attorney General, 

22 who shall appoint not less than 1 individual from each of 

23 the following: 

24 (1) The Special Litigation Section of the Civil 

25 Rights Division. 


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1 (2) The Criminal Section of the Civil Rights Di2 vision. 

3 (3) The Federal Coordination and Compliance 

4 Section of the Civil Rights Division. 

5 (4) The Employment Litigation Section of the 

6 Civil Rights Division. 

7 (5) The Disability Rights Section of the Civil 

8 Rights Division. 

9 (6) The Office of Justice Programs. 

10 (7) The Office of Community Oriented Policing 

11 Services (COPS). 

12 (8) The Corruption/Civil Rights Section of the 

13 Federal Bureau of Investigation. 

14 (9) The Community Relations Service. 

15 (10) The Office of Tribal Justice. 

16 (11) The unit within the Department of Justice 

17 assigned as a liaison for civilian review boards. 

18 (c) POWERS AND DUTIES.—The Task Force shall 

19 consult with professional law enforcement associations, 

20 labor organizations, and community-based organizations 

21 to coordinate the process of the detection and referral of 

22 complaints regarding incidents of alleged law enforcement 

23 misconduct. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated $5,000,000 for each fis3 cal year to carry out this section. 

4 TITLE VI—FEDERAL DATA COL5 LECTION ON LAW ENFORCE6 MENT PRACTICES 

7 SEC. 601. FEDERAL DATA COLLECTION ON LAW ENFORCE8 MENT PRACTICES. 

9 (a) AGENCIES TO REPORT.—Each Federal, State, 

10 and local law enforcement agency shall report data of the 

11 practices of that agency to the Attorney General. 

12 (b) BREAKDOWN OF INFORMATION BY RACE, ETH13 NICITY, AND GENDER.—For each practice enumerated in 

14 subsection (c), the reporting law enforcement agency shall 

15 provide a breakdown of the numbers of incidents of that 

16 practice by race, ethnicity, age, and gender of the officers 

17 and employees of the agency and of members of the public 

18 involved in the practice. 

19 (c) PRACTICES TO BE REPORTED ON.—The prac20 tices to be reported on are the following: 

21 (1) Traffic violation stops. 

22 (2) Pedestrian stops. 

23 (3) Frisk and body searches. 


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1 (4) Instances where officers or employees of the 

2 law enforcement agency used deadly force, includ3 ing— 

4 (A) a description of when and where dead5 ly force was used, and whether it resulted in 

6 death; 

7 (B) a description of deadly force directed 

8 against an officer or employee and whether it 

9 resulted in injury or death; and 

10 (C) the law enforcement agency’s justifica11 tion for use of deadly force, if the agency deter12 mines it was justified. 

13 (d) RETENTION OF DATA.—Each law enforcement 

14 agency required to report data under this section shall 

15 maintain records relating to any matter so reportable for 

16 not less than 4 years after those records are created. 

17 (e) PENALTY FOR STATES FAILING TO REPORT AS

18 REQUIRED.— 

19 (1) IN GENERAL.—For any fiscal year, a State 

20 shall not receive any amount that would otherwise 

21 be allocated to that State under section 505(a) of 

22 title I of the Omnibus Crime Control and Safe 

23 Streets Act of 1968 (42 U.S.C. 3755(a)), or any 

24 amount from any other law enforcement assistance 

25 program of the Department of Justice, unless the 


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1 State has ensured, to the satisfaction of the Attor2 ney General, that the State and each local law en3 forcement agency of the State is in substantial com4 pliance with the requirements of this section. 

5 (2) REALLOCATION.—Amounts not allocated by 

6 reason of this subsection shall be reallocated to 

7 States not disqualified by failure to comply with this 

8 section. 

9 (f) REGULATIONS.—The Attorney General shall pre10 scribe regulations to carry out this section. 

11 TITLE VII—MEDALLIONS FOR 

12 FALLEN LAW ENFORCEMENT 

13 OFFICERS 

14 SEC. 701. MEDALLIONS FOR FALLEN LAW ENFORCEMENT 

15 OFFICERS. 

16 (a) IN GENERAL.—The Attorney General, in con17 sultation with the National Law Enforcement Officers Me18 morial Fund, shall create and provide a distinctive medal19 lion to be issued to the survivors of law enforcement offi20 cers— 

21 (1) killed in the line of duty; and 

22 (2) memorialized on the wall of the National 

23 Law Enforcement Officers Memorial. 

24 (b) DISTRIBUTION OF MEDALLIONS.—The Attorney 

25 General shall make arrangements with the National Law 


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1 Enforcement Officers Memorial Fund to distribute the 

2 medallions to appropriate survivors of each law enforce3 ment officer memorialized on the wall of the National Law 

4 Enforcement Officers Memorial. 

5 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to carry out this section 

7 such sums as may be necessary. 

Æ 


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