`[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1659 Reported in House (RH)]






                                                 Union Calendar No. 109
106th CONGRESS
  1st Session
                                H. R. 1659

                          [Report No. 106-190]

   To reinforce police training and reestablish police and community 
   relations, and to create a commission to study and report on the 
   policies and practices that govern the training, recruitment, and 
         oversight of police officers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 1999

 Mr. Serrano (for himself and Mr. Hyde) introduced the following bill; 
          which was referred to the Committee on the Judiciary

                             June 18, 1999

   Additional sponsors: Mr. Frank of Massachusetts, Ms. Carson, Ms. 
 Norton, Mr. Gonzalez, Mr. Jackson of Illinois, Mr. Meeks of New York, 
 Ms. Brown of Florida, Mr. Walsh, Mr. Davis of Illinois, Mr. Clay, Mr. 
Dixon, Mrs. Maloney of New York, Mrs. Lowey, Mr. Wynn, Mr. Hutchinson, 
   Mr. Gekas, Mr. Engel, Mr. Towns, Mr. Hinojosa, Mr. Watt of North 
                 Carolina, and Ms. Jackson-Lee of Texas

                             June 18, 1999

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 4, 
                                 1999]

_______________________________________________________________________

                                 A BILL


 
   To reinforce police training and reestablish police and community 
   relations, and to create a commission to study and report on the 
   policies and practices that govern the training, recruitment, and 
         oversight of police officers, and for other purposes.

    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 ``National Police Training Commission 
Act of 1999''.

SEC. 2. ESTABLISHMENT.

    There is established, subject to the availability of 
appropriations, a commission to be known as the ``National Police 
Training Commission'' (hereinafter in this Act referred to as the 
``Commission'').

SEC. 3. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 5 
members appointed as follows:
            (1) The majority and minority leaders of the Senate shall 
        each appoint 1 member.
            (2) The Speaker of the House of Representatives and the 
        minority leader of the House shall each appoint 1 member.
            (3) The 4 members appointed under paragraphs (1) and (2) 
        shall then select 1 member.
    (b) Eligibility and Qualifications.--
            (1) Eligibility.--The members of the Commission shall be 
        individuals who have knowledge or expertise, whether by 
        experience or training, in matters to be studied by the 
        Commission under this Act. The members may be from the public 
        or private sector, and may include Federal, State, or local 
        officers or employees (other than those holding elective 
        office), members of academia, non-profit organizations, or 
        other interested individuals.
            (2) Qualifications.--The members of the Commission shall be 
        individuals who possess relevant backgrounds, credentials, and 
        experience in some or all of the following:
                    (A) Civil and criminal litigation.
                    (B) Administrative and management functions of law 
                enforcement in major cities and smaller communities.
                    (C) Community relations.
    (c) Term.--Each member shall be appointed for the life of the 
Commission.
    (d) Length of Commission.--The Commission shall cease to exist 1 
year after the initial appointment of the 4 members described in 
paragraphs (1) and (2) of subsection (a). The initial appointment of 
the 4 members so described shall not take effect until the later of 
October 1, 1999 or the date on which appropriations are made available 
for the expenses of the Commission.
    (e) Vacancies.--Except as otherwise provided in this subsection, a 
vacancy in the Commission shall be filled in the manner in which the 
original appointment was made, and shall not affect the power of the 
remaining members to execute the duties of the Commission. If any of 
the original appointments are not made by the day that is 30 days after 
the date of the enactment of this Act, any members already appointed 
shall fill any vacancy existing on that date.
    (f) Meetings.--The Commission shall meet at the call of the 
Chairperson.
    (g) Chairperson.--The Chairperson of the Commission shall be 
elected by the members.

SEC. 4. FUNCTIONS.

    (a) Study.--The Commission shall conduct a study of the 
effectiveness of training, recruiting, hiring, oversight, and funding 
policies and practices in law enforcement, including the following:
            (1) Training: policies, practices, and organizational 
        strategies of law enforcement, and training and instruction in 
        the use of force, the use of non lethal force, tactical and 
        defensive tactical; arrests, searches and handcuffing; verbal 
        communication; vehicle use; initial and continuing cultural 
        diversity training; community relations and sensitivity 
        training of law enforcement vis a vis the community and the 
        community vis a vis law enforcement.
            (2) Recruitment and Hiring: policies and practices in 
        hiring and recruiting law enforcement officers and identifying 
        and setting standards for hiring regarding educational and 
        psychological backgrounds; diversity; lengths of probationary 
        periods.
            (3) Oversight: complaint procedures regarding police 
        officers, including screening, organization, and training of 
        investigatory staff; the availability and fairness of due 
        process requirements for members of the public and law 
        enforcement officers, and obstacles to ensuring objective and 
        timely investigations; discrimination and harassment, including 
        the relationship between police and prosecutors; perjury, 
        including the ``code of silence''.
            (4) Funding: the effectiveness of the use of funding for 
        programs relating to matters described in paragraphs (1) 
        through (3) of this subsection, whether derived from the 
        Violent Crime Control and Law Enforcement Act of 1994 or 
        otherwise, by cities listed in section 210501 of such Act.''.
    (b) Report.--Not later than 1 year after the initial appointment of 
the 4 members described in paragraphs (1) and (2) of section 3(a), the 
Commission shall submit a report to Congress of the results of its 
study, including any recommendations the Commission may make with 
regard to the matters studied including best practices.

SEC. 5. ADMINISTRATIVE PROVISIONS.

    (a) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out its duties under section 4. 
Upon the request of the Commission, the head of such department or 
agency may furnish such information to the Commission.
    (b) Service Not Compensated.--Each member of the Commission shall 
serve without compensation, and members who are officers or employees 
of the United States shall serve without compensation in addition to 
that received for their services as officers or employees of the United 
States.
    (c) Travel Expenses.--The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of service for the 
Commission.
    (d) Staff.--
            (1) In general.--The Chairman of the Commission may, 
        without regard to the civil service laws and regulations, 
        appoint and terminate an executive director and such other 
        additional personnel as may be necessary to enable the 
        Commission to perform its duties. The employment and 
        termination of an executive director shall be subject to 
        confirmation by a majority of the members of the Commission.
            (2) Compensation.--The executive director shall be 
        compensated at a rate not to exceed the rate payable for level 
        V of the Executive Schedule under section 5316 of title 5, 
        United States Code. The Chairman may fix the compensation of 
        other personnel without regard to the provisions of chapter 51 
        and subchapter III of chapter 53 of title 5, United States 
        Code, relating to classification of positions and General 
        Schedule pay rates, except that the rate of pay for such 
        personnel may not exceed the rate payable for level V of the 
        Executive Schedule under section 5316 of such title.
            (3) Detail of government employees.--Any Federal Government 
        employee, with the approval of the head of the appropriate 
        Federal agency, may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption or 
loss of civil service status, benefits, or privilege.
    (e) Procurement of Temporary and Intermittent Services.--The 
Chairman of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals not to exceed the daily equivalent of the annual rate 
of basic pay prescribed for level V of the Executive Schedule under 
section 5316 of such title.
    (f) Meetings.--The Commission shall meet at the call of the 
Chairman.
    (g) Quorum; Voting; Rules.--Two members of the Commission shall 
constitute a quorum to conduct business. Each member of the Commission 
shall have one vote, and the vote of each member shall be accorded the 
same weight. The Commission may establish by vote of a majority of its 
members any other rules for the conduct of the Commission's business, 
if such rules are not inconsistent with this Act or other applicable 
law.
    (h) Use of Information Acquired by the Commission.--Information 
acquired by the Commission for its study shall be used only for 
research, statistical, and reporting purposes.
    (i) Information to be Kept Confidential.--Information the 
Commission determines is confidential, including the identity of law 
enforcement officers and members of the public, shall not be disclosed 
to the public, nor made a part of any public findings, nor made a part 
of any report published by the Commission.
    (j) Applicability of Federal Tort Claims Provisions.--For purposes 
of sections 1346(b) and 2401(b) and chapter 171 of title 28, United 
States Code, the Commission is a Federal agency and each of the members 
and personnel of the Commission is an employee of the Government. This 
subsection shall not be construed to imply that any commission is not a 
Federal agency or that any of the members or personnel of a commission 
is not an employee of the Government for purposes of sections 1346(b) 
and 2401(b) and chapter 171 of title 28, United States Code.
    (k) Hearings.--
            (1) In general.--The Commission may hold such hearings, sit 
        and act at such times and places, administer such oaths, take 
        such testimony, and receive such evidence as the Commission 
        considers advisable to carry out its duties under section 4.
            (2) Witness expenses.--Witnesses requested to appear before 
        the Commission shall be paid the same fees as are paid to 
        witnesses under section 1821 of title 28, United States Code. 
        The per diem and mileage allowances for witnesses shall be paid 
        from funds appropriated to the Commission.

SEC. 6. TRAINING.

    Section 210501 of the Violent Crime Control and Law Enforcement Act 
of 1994 is amended--
            (1) in subsection (b)(1)(A), by inserting ``, and provide, 
        under paragraph (4), training, recruitment, hiring, and 
        oversight assistance'' before the semicolon; and
            (2) in subsection (b), by adding at the end the following:
            ``(4) The training, recruitment, hiring, and oversight 
        assistance under paragraph (1)(A) shall be given to the 
        following cities: New York, New York, Chicago, Illinois, Los 
        Angeles, California, Washington, District of Columbia, and 
        Charlotte, North Carolina, and to one police department from 
        each of the 4 geographical regions of the country (northeast, 
        south, midwest, and west) 2 of which have less than 100 police 
        officers and 2 of which have less than 300 police officers, as 
        determined by the National Police Training Commission The 
        assistance may include funding for equipment, not to exceed 10 
        percent of the amount of the grant made to each city. The money 
        appropriated for such assistance shall be distributed to those 
        locations in proportion to the size of their police departments 
        and upon receipt of written assurances from the police 
        department that the department will provide access to its 
        operations to the Commission. There are authorized to be 
        appropriated for fiscal year 2000 for the purposes of such 
        assistance the sum of $3,000,000.''.

SEC. 7. DATA ON DEATHS WHILE IN CUSTODY.

    Section 20101(b) of the Violent Crime Control and Law Enforcement 
Act of 1994 is amended--
            (1) by redesignating paragraphs (6) through (9) as 
        paragraphs (7) through (10), respectively; and
            (2) by inserting after paragraph (5) the following:
            ``(6) assurances that the State will follow the guidelines 
        established by the Attorney General in reporting, on a 
        quarterly basis, information regarding death of any person who 
        is in the process of arrest, has been incarcerated or is en 
        route to be incarcerated at any municipal or county jail, State 
        prison, or other local or State correctional facility 
        (including any juvenile facility) that, at a minimum, 
        includes--
                    ``(A) the name, gender, ethnicity, and age of the 
                deceased;
                    ``(B) the date, time, and location of death; and
                    ``(C) a brief description of the circumstances 
                surrounding the death.''.




                                                 Union Calendar No. 109

106th CONGRESS

  1st Session

                               H. R. 1659

                          [Report No. 106-190]

_______________________________________________________________________

                                 A BILL

   To reinforce police training and reestablish police and community 
   relations, and to create a commission to study and report on the 
   policies and practices that govern the training, recruitment, and 
         oversight of police officers, and for other purposes.

_______________________________________________________________________

                             June 18, 1999

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed`