I 

117TH CONGRESS 

2D SESSION H. R. 6762 

To establish the Special Inspector General for Law Enforcement, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 18, 2022 

Mr. CONNOLLY introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Oversight 

and Reform, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish the Special Inspector General for Law 

Enforcement, 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. 

4 This Act may be cited as the ‘‘Special Inspector Gen5 eral for Law Enforcement Act’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 6762 IH

1 SEC. 2. SPECIAL INSPECTOR GENERAL FOR LAW ENFORCE2 MENT. 

3 (a) OFFICE OF INSPECTOR GENERAL.—There is 

4 hereby established the Office of the Special Inspector Gen5 eral for Law Enforcement. 

6 (b) APPOINTMENT AND REMOVAL.— 

7 (1) IN GENERAL.—The head of the Office of 

8 the Special Inspector General for Law Enforcement 

9 is the Special Inspector General for Law Enforce10 ment, who shall be appointed by the President, by 

11 and with the advice and consent of the Senate. 

12 (2) APPOINTMENT.—The appointment of the 

13 Special Inspector General shall be made on the basis 

14 of integrity and demonstrated ability in accounting, 

15 auditing, financial analysis, law, management anal16 ysis, public administration, or investigations. 

17 (3) NOMINATION.—The nomination of an indi18 vidual as Special Inspector General shall be made 

19 within 60 days after the date of the enactment of 

20 this section. 

21 (4) REMOVAL.— 

22 (A) IN GENERAL.—The President may re23 move the Special Inspector General only for any 

24 of the following grounds for removal: 

25 (i) Documented permanent incapacity. 

26 (ii) Documented neglect of duty. 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 6762 IH

1 (iii) Documented malfeasance. 

2 (iv) Documented conviction of a felony 

3 or conduct involving moral turpitude. 

4 (v) Documented knowing violation of 

5 a law or regulation. 

6 (vi) Documented gross mismanage7 ment. 

8 (vii) Documented gross waste of 

9 funds. 

10 (viii) Documented abuse of authority. 

11 (ix) Documented inefficiency. 

12 (B) COMMITTEE NOTIFICATION OF RE13 MOVAL.—Not later than 30 days before the 

14 date on which the President removes a Special 

15 Inspector General under subparagraph (A), the 

16 President shall notify the appropriate commit17 tees of any grounds for removal listed in such 

18 subparagraph. 

19 (5) APPLICABILITY OF CERTAIN PROVISION.— 

20 For purposes of section 7324 of title 5, United 

21 States Code, the Special Inspector General shall not 

22 be considered an employee who determines policies 

23 to be pursued by the United States in the nation24 wide administration of Federal law. 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 6762 IH

1 (6) PAY RATE.—The annual rate of basic pay 

2 of the Special Inspector General shall be the annual 

3 rate of basic pay for an Inspector General under sec4 tion 3(e) of the Inspector General Act of 1978 (5 

5 U.S.C. App.). 

6 (c) DUTIES.—The Special Inspector General shall 

7 have the following duties: 

8 (1) Conduct, supervise, and coordinate audits 

9 and investigations of reported racial profiling, officer 

10 misconduct, use of force, use of deadly force, or pat11 tern or practice of unconstitutional misconduct in12 volving Federal law enforcement agencies or Federal 

13 law enforcement officers. 

14 (2) Conduct, supervise, and coordinate audits 

15 and investigations of the use of deadly force cases 

16 referred to the Special Inspector General by State 

17 and local law enforcement agencies. 

18 (3) Establish, maintain, and oversee such sys19 tems, procedures, and controls as the Special Inspec20 tor General considers appropriate to discharge the 

21 duties described under paragraphs (1) and (2). 

22 (4) The duties and responsibilities of inspectors 

23 general under the Inspector General Act of 1978 (5 

24 U.S.C. App.) as it relates to the duties described in 

25 paragraph (1) and (2). 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 6762 IH

1 (5) Conduct, supervise, and coordinate an audit 

2 or investigation of any action taken under this sec3 tion as the Special Inspector General determines ap4 propriate under paragraphs (1) and (2). 

5 (d) POWERS AND AUTHORITIES.— 

6 (1) IN GENERAL.—In carrying out the duties 

7 specified in subsection (c), the Special Inspector 

8 General shall have the authorities provided in section 

9 6 of the Inspector General Act of 1978. 

10 (2) REQUIREMENT TO COMPLY WITH INSPEC11 TOR GENERAL ACT OF 1978.—The Special Inspector 

12 General shall carry out the duties specified in sub13 section (c) in accordance with subsections (b) 

14 through (e) of section 4 of the Inspector General Act 

15 of 1978. 

16 (3) EXEMPTION FROM INITIAL DETERMINATION

17 OF ELIGIBILITY.—The Special Inspector General 

18 shall be treated as an office included under section 

19 6(f)(3) of the Inspector General Act of 1978 (5 

20 U.S.C. App.) relating to the exemption from the ini21 tial determination of eligibility by the Attorney Gen22 eral. 

23 (4) DISCIPLINARY RECOMMENDATIONS.—The 

24 Special Inspector General shall have the authority to 

25 make disciplinary recommendations. 


kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 6762 IH

1 (e) PERSONNEL, FACILITIES, AND OTHER RE2 SOURCES.— 

3 (1) SELECTION AND APPOINTMENT OF OFFI4 CERS AND EMPLOYEES.— 

5 (A) IN GENERAL.—The Special Inspector 

6 General may select, appoint, and employ such 

7 officers and employees as may be necessary for 

8 carrying out the duties of the Special Inspector 

9 General, subject to the provisions of title 5, 

10 United States Code, governing appointments in 

11 the competitive service, and the provisions of 

12 chapter 51 and subchapter III of chapter 53 of 

13 such title, relating to classification and General 

14 Schedule pay rates. 

15 (B) EXERCISE OF CERTAIN AUTHORI16 TIES.—The Special Inspector General may ex17 ercise the authorities of subsections (b) through 

18 (i) of section 3161 of title 5, United States 

19 Code (without regard to subsection (a) of that 

20 section). 

21 (2) SERVICES.—The Special Inspector General 

22 may obtain services as authorized by section 3109 of 

23 title 5, United States Code, at daily rates not to ex24 ceed the equivalent rate prescribed for grade GS–15 


kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 6762 IH

1 of the General Schedule by section 5332 of such 

2 title. 

3 (3) CONTRACTING AUTHORITY.—The Special 

4 Inspector General may enter into contracts and 

5 other arrangements for audits, studies, analyses, and 

6 other services with public agencies and with private 

7 persons, and make such payments as may be nec8 essary to carry out the duties of the Special Inspec9 tor General. 

10 (4) REQUESTS FOR INFORMATION.— 

11 (A) IN GENERAL.—Upon request of the 

12 Special Inspector General for information or as13 sistance from any entity of the Federal Govern14 ment, the head of such entity shall, insofar as 

15 is practicable and not in contravention of any 

16 existing law, furnish such information or assist17 ance to the Special Inspector General, or an au18 thorized designee. 

19 (B) REPORT OF NONCOMPLIANCE.—When20 ever information or assistance requested by the 

21 Special Inspector General is, in the judgment of 

22 the Special Inspector General, unreasonably re23 fused or not provided, the Special Inspector 

24 General shall report the circumstances to the 


kjohnson on DSK79L0C42PROD with BILLS
8 

•HR 6762 IH

1 appropriate committees of Congress without 

2 delay. 

3 (5) REEMPLOYMENT OF ANNUITANTS.— 

4 (A) IN GENERAL.—Except as provided 

5 under subparagraph (B), if an annuitant receiv6 ing an annuity from the Civil Service Retire7 ment and Disability Fund becomes employed in 

8 a position within the Office of the Special In9 spector General for Law Enforcement, that an10 nuity shall continue. An annuitant so reem11 ployed shall not be considered an employee for 

12 purposes of chapter 83 or 84 of title 5, United 

13 States Code. 

14 (B) EXCEPTION.—Subparagraph (A) shall 

15 apply to not more than 25 employees at any 

16 time as designated by the Special Inspector 

17 General. 

18 (f) CORRECTIVE RESPONSES TO AUDIT PROB19 LEMS.—Not later than 30 days after the date on which 

20 a report, finding, or recommendation is published by the 

21 Special Inspector General relating to a Federal law en22 forcement agency, the head of that agency shall— 

23 (1) take action to address each deficiency or 

24 recommendation identified by a report or investiga25 tion of the Special Inspector General; or 


kjohnson on DSK79L0C42PROD with BILLS
9 

•HR 6762 IH

1 (2) certify to appropriate committees of Con2 gress that no action is necessary or appropriate. 

3 (g) COOPERATION AND COORDINATION WITH OTHER

4 ENTITIES.—In carrying out the duties, responsibilities, 

5 and authorities of the Special Inspector General under this 

6 section, the Special Inspector General shall work with In7 spectors General of any other entity as appropriate, with 

8 a view toward avoiding duplication of effort and ensuring 

9 comprehensive oversight of Federal law enforcement agen10 cies and officers through effective cooperation and coordi11 nation. 

12 (h) MEMBER OF THE COUNCIL OF THE INSPECTORS

13 GENERAL ON INTEGRITY AND EFFICIENCY.—Section 

14 11(b)(1) of the Inspector General Act of 1978 (5 U.S.C. 

15 App.) is amended by inserting at the end the following 

16 new subparagraph: 

17 ‘‘(J) The Special Inspector General for 

18 Law Enforcement.’’. 

19 (i) REPORTS.— 

20 (1) INITIAL REPORT.—Not later than 60 days 

21 after the confirmation of the Special Inspector Gen22 eral, and not later than 30 days following the end 

23 of each fiscal quarter, the Special Inspector General 

24 shall submit to the appropriate committees of ConVerDate Sep 11 2014 02:23 Feb 26, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6762.IH H6762

kjohnson on DSK79L0C42PROD with BILLS
10 

•HR 6762 IH

1 gress a report summarizing the activities of the Spe2 cial Inspector General during that fiscal quarter. 

3 (2) ANNUAL REPORT.—The Special Inspector 

4 General shall submit an annual report to the appro5 priate committees of Congress that includes the total 

6 number of use of deadly force cases, use of excessive 

7 force complaints, and findings of misconduct involv8 ing Federal law enforcement officers. 

9 (3) RULE OF CONSTRUCTION.—Nothing in this 

10 subsection shall be construed to authorize the public 

11 disclosure of information that is— 

12 (A) specifically prohibited from disclosure 

13 by any other provision of law; 

14 (B) specifically required by Executive order 

15 to be protected from disclosure in the interest 

16 of national defense or national security or in 

17 the conduct of foreign affairs; or 

18 (C) a part of an ongoing criminal inves19 tigation. 

20 (4) PUBLIC AVAILABILITY.—Except as provided 

21 under paragraph (3), all reports submitted under 

22 this subsection shall be available to the public. 

23 SEC. 3. GRANTS. 

24 (a) ENABLE REFERRALS TO THE SPECIAL INSPEC25 TOR GENERAL REQUIREMENT.—For each fiscal year after 


kjohnson on DSK79L0C42PROD with BILLS
11 

•HR 6762 IH

1 the expiration of the period specified in subsection (b) in 

2 which a State or unit of local government receives a grant 

3 under part E of title I of the Omnibus Crime Control and 

4 Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), the 

5 State or unit of local government shall have in effect a 

6 law establishing a process by which use of deadly force 

7 cases can be referred to the Special Inspector General for 

8 investigation. 

9 (b) COMPLIANCE AND INELIGIBILITY.— 

10 (1) COMPLIANCE DATE.—Beginning on the first 

11 full fiscal year after the date of enactment of this 

12 Act, each State or unit of local government referred 

13 to in subsection (a) receiving a grant shall comply 

14 with subsection (a), except that the Attorney Gen15 eral may grant an additional 180 days to a State or 

16 unit of local government that is making good faith 

17 efforts to comply with such subsection. 

18 (2) INELIGIBILITY FOR FUNDS.—For any fiscal 

19 year after the expiration of the period specified in 

20 paragraph (1), a State or unit of local government 

21 that fails to comply with subsection (a), shall be in22 eligible to receive any funds that would otherwise be 

23 allocated for that fiscal year to the State or unit of 

24 local government under subpart 1 of part E of title 

25 I of the Omnibus Crime Control and Safe Streets 


kjohnson on DSK79L0C42PROD with BILLS
12 

•HR 6762 IH

1 Act of 1968 (34 U.S.C. 10151 et seq.), whether 

2 characterized as the Edward Byrne Memorial State 

3 and Local Law Enforcement Assistance Programs, 

4 the Local Government Law Enforcement Block 

5 Grants Program, the Edward Byrne Memorial Jus6 tice Assistance Grant Program, or otherwise. 

7 (c) REALLOCATION.—Amounts not allocated under a 

8 program referred to in subsection (b)(2) to a State or unit 

9 of local government for failure to fully comply with sub10 section (a) shall be reallocated under that program to 

11 States or units of local government that have not failed 

12 to comply with such subsection. 

13 (d) COPS.—For each fiscal year after the expiration 

14 of the period specified in subsection (b) in which a State 

15 or unit of local government receives a grant under part 

16 Q of title I of the Omnibus Crime Control and Safe Streets 

17 Act of 1968 (34 U.S.C. 10151 et seq.), the State or unit 

18 of local government shall have in effect a law establishing 

19 a process by which use of deadly force cases can be re20 ferred to the Special Inspector General for investigation. 

21 (e) DEFINITIONS.—Terms used in this section have 

22 the meanings given such terms in section 901 of title I 

23 of the Omnibus Crime Control and Safe Streets Act of 

24 1968 (34 U.S.C. 10251). 


kjohnson on DSK79L0C42PROD with BILLS
13 

•HR 6762 IH

1 SEC. 4. WHISTLEBLOWER. 

2 (a) RIGHT TO DISCLOSURE.—An individual may 

3 make a protected disclosure to the Special Inspector Gen4 eral. 

5 (b) PROHIBITION AGAINST DISCRIMINATION.—A 

6 Federal, State, or local law enforcement agency, or any 

7 prosecutor, officer, employee, or contractor of any such 

8 agency may not recommend, discharge, demote, suspend, 

9 threaten, harass, or take or fail to take any other action 

10 that discriminates against any individual, including an 

11 employee, former employee, or applicant seeking employ12 ment because the employee, former employee, or applicant 

13 seeking employment because that individual— 

14 (1) without violating a specific statutory prohi15 bition, is perceived as making or about to make, or 

16 perceived as assisting or about to assist in making 

17 what the individual reasonably believes is a protected 

18 disclosure to the Special Inspector General; or 

19 (2) refuses to obey an order that the individual 

20 believes would require the individual to violate this 

21 Act. 

22 (c) APPEAL.— 

23 (1) LAW ENFORCEMENT EMPLOYEES.— 

24 (A) ADMINISTRATIVE REMEDY.—Any indi25 vidual who is a Federal, State, or local law en26 forcement applicant, employee, or former emVerDate Sep 11 2014 02:23 Feb 26, 2022 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H6762.IH H6762

kjohnson on DSK79L0C42PROD with BILLS
14 

•HR 6762 IH

1 ployee who believes that the individual has been 

2 subjected to discrimination prohibited under 

3 subsection (b) may, within 3 years after learn4 ing of the alleged discrimination, submit a com5 plaint that alleges the discrimination to the 

6 Special Inspector General who shall investigate 

7 and submit to the relevant Federal, State, or 

8 local agency head and to the Attorney General 

9 findings and recommendations for any correc10 tive action. 

11 (B) JUDICIAL REMEDY.—In the event that 

12 corrective action is not taken under subpara13 graph (A) within 210 days after the date on 

14 which the complaint was filed, any individual 

15 who is a Federal, State, or local law enforce16 ment applicant, employee, or former employee 

17 who believes that the individual has been sub18 jected to discrimination prohibited under sub19 section (b), who filed the complaint shall be 

20 deemed to have exhausted all administrative 

21 remedies with respect to the complaint, and 

22 may bring a de novo action at law or equity to 

23 seek compensatory damages and other relief 

24 available under this section in the appropriate 

25 district court of the United States, which shall 


kjohnson on DSK79L0C42PROD with BILLS
15 

•HR 6762 IH

1 have jurisdiction over such an action without 

2 regard to the amount in controversy. Such an 

3 action shall, at the request of either party to 

4 the action, be tried by the court with a jury. An 

5 action under this subparagraph may not be 

6 brought more than two years after the date on 

7 which remedies are deemed to have been ex8 hausted. 

9 (C) GENERAL PROVISIONS.— 

10 (i) RIGHTS RETAINED BY EM11 PLOYEE.—Nothing in this section shall di12 minish the rights, privileges, or remedies of 

13 any applicant, employee, former employee, 

14 or individual seeking employment under 

15 any Federal or State law. 

16 (ii) LIABILITY.—Notwithstanding any 

17 other provision of law, an individual shall 

18 be immune from civil and criminal liability 

19 with respect to a disclosure by the indi20 vidual if the individual would be protected 

21 from discrimination under subsection (b) 

22 for making the protected disclosure. The 

23 individual shall bear the burden of proving 

24 that the individual would be protected from 


kjohnson on DSK79L0C42PROD with BILLS
16 

•HR 6762 IH

1 discrimination under subsection (b) for 

2 making the disclosure. 

3 (iii) CONFIDENTIALITY.— 

4 (I) IN GENERAL.—Except as re5 quired by law, when an applicant, em6 ployee, or former employee makes a 

7 protected disclosure to a person or 

8 body with authority to receive and ad9 dress the information, any individual 

10 or entity to which the person or body 

11 provides the information, may not dis12 close the identity or identifying infor13 mation of the individual providing the 

14 information without explicit written 

15 consent of the applicant, employee, or 

16 former employee. 

17 (II) NOTICE.—If disclosure of 

18 the identity or identifying information 

19 of an individual providing a protected 

20 disclosure is required by law, the re21 cipient of the information shall pro22 vide timely notice to the individual. 

23 (iv) NONENFORCEABILITY OF WAIVER

24 OF RIGHTS AND REMEDIES.—The rights 

25 and remedies provided for in this paraVerDate Sep 11 2014 02:23 Feb 26, 2022 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H6762.IH H6762

kjohnson on DSK79L0C42PROD with BILLS
17 

•HR 6762 IH

1 graph may not be waived by any public or 

2 private agreement, policy, form, or condi3 tion of employment, including by pre-dis4 pute arbitration agreement. 

5 (2) NON-LAW ENFORCEMENT EMPLOYEE.— 

6 (A) JUDICIAL REMEDY.—Any individual 

7 who makes a protected disclosure to the Special 

8 Inspector General and believes that individual 

9 has suffered discrimination in violation of this 

10 section may file a complaint for relief pursuant 

11 to the procedures, burdens of proof, and rem12 edies in paragraph (1)(B). The court may 

13 award punitive damages. 

14 (B) GENERAL PROVISIONS.— 

15 (i) LIABILITY.—Notwithstanding any 

16 other provision of law, an individual shall 

17 be immune from civil and criminal liability 

18 with respect to a disclosure by the indi19 vidual if the individual would be protected 

20 from discrimination or retaliation under 

21 subsection (b) for making the protected 

22 disclosure. The individual shall bear the 

23 burden of proving that the individual 

24 would be protected from discrimination or 


kjohnson on DSK79L0C42PROD with BILLS
18 

•HR 6762 IH

1 retaliation under subsection (b) for making 

2 the disclosure. 

3 (ii) CONFIDENTIALITY.— 

4 (I) IN GENERAL.—Except as re5 quired by law, when an applicant, em6 ployee, or former employee makes a 

7 protected disclosure to a person or 

8 body with authority to receive and ad9 dress the information, any individual 

10 or entity to which the person or body 

11 provides the information, may not dis12 close the identity or identifying infor13 mation of the individual providing the 

14 information without explicit written 

15 consent of the individual. 

16 (II) NOTICE.—If disclosure of 

17 the identity or identifying information 

18 of an individual providing a protected 

19 disclosure is required by law, the re20 cipient shall provide timely notice to 

21 the individual. 

22 (iii) NONENFORCEABILITY OF WAIVER

23 OF RIGHTS AND REMEDIES.—The rights 

24 and remedies provided for in this para25 graph may not be waived by any public or 


kjohnson on DSK79L0C42PROD with BILLS
19 

•HR 6762 IH

1 private agreement, policy, form, or condi2 tion of employment, including by pre-dis3 pute arbitration agreement. 

4 (3) BURDEN OF PROOF.—The Special Inspector 

5 General and any other authority enforcing this Act 

6 shall apply the legal burdens of proof specified in 

7 section 1221(e)(1) of title 5, United States Code, in 

8 determining whether discrimination or retaliation 

9 prohibited under subsection (b) has occurred in ac10 cordance with the rules and procedures under para11 graph (1). 

12 (d) REQUIREMENT TO POST NOTICE OF RIGHTS AND

13 REMEDIES.—Any employer subject to the authority of this 

14 Act shall post notice of the rights and remedies provided 

15 under this section in all offices in a common place easily 

16 visible to all employees. Any law enforcement organization 

17 subject to this Act shall prominently provide notice to the 

18 public of rights available to citizens under this Act. 

19 (e) RULES OF CONSTRUCTION.— 

20 (1) NO IMPLIED AUTHORITY TO RETALIATE

21 FOR NON-PROTECTED DISCLOSURES.—Nothing in 

22 this section may be construed to authorize the dis23 charge of, demotion of, discrimination, or other re24 prisal against an employee, a former employee, or an 

25 individual seeking employment for a disclosure other 


kjohnson on DSK79L0C42PROD with BILLS
20 

•HR 6762 IH

1 than a protected disclosure or to modify or derogate 

2 from a right or remedy otherwise available to an em3 ployee, former employee, or individual seeking em4 ployment. 

5 (2) RELATIONSHIP TO STATE LAWS.—Nothing 

6 in this section may be construed to preempt, pre7 clude, or limit the protections provided for public or 

8 private employees under State whistleblower laws. 

9 (3) WAIVER OF SOVEREIGN IMMUNITY.—A 

10 Federal, State, or other governmental entity shall 

11 not be immune under the 11th Amendment to the 

12 Constitution from an action in a Federal or State 

13 court of competent jurisdiction for a violation of this 

14 Act. In any action for a violation of this Act, rem15 edies are available for such a violation to the same 

16 extent as such remedies are available for such a vio17 lation in an action against any defendant. 

18 (f) ANNUAL REPORT.—Not later than 1 year after 

19 the date of the enactment of this Act, and every year 

20 thereafter, the Special Inspector General shall submit to 

21 Congress a report that includes the following; 

22 (1) A list of any investigation of alleged dis23 crimination or retaliation described under subsection 

24 (b) the Special Inspector General conducted. 


kjohnson on DSK79L0C42PROD with BILLS
21 

•HR 6762 IH

1 (2) The results of each investigation described 

2 under paragraph (1), including the number of cases 

3 dismissed on procedural grounds, the win-loss record 

4 for decisions on the merits, and accountability meas5 ures advised and taken against individuals or em6 ployers. 

7 (3) The range for the length of time to com8 plete investigations under subsection (c). 

9 (4) The number of discrimination or retaliation 

10 complaints filed under subsection (c) that result in 

11 a settlement agreement. 

12 (5) Details of any remedy or relief that results 

13 from a complaint filed under subsection (c). 

14 (6) Recommendations for any legislative or ad15 ministrative improvements. 

16 SEC. 5. DEFINITIONS. 

17 In this Act: 

18 (1) DEADLY FORCE.—The term ‘‘deadly force’’ 

19 means that force which a reasonable person would 

20 consider likely to cause death or serious bodily harm, 

21 including— 

22 (A) the discharge of a firearm; 

23 (B) a maneuver that restricts blood or oxy24 gen flow to the brain, including chokeholds, 


kjohnson on DSK79L0C42PROD with BILLS
22 

•HR 6762 IH

1 strangleholds, neck restraints, neckholds, and 

2 carotid artery restraints; and 

3 (C) multiple discharges of an electronic 

4 control weapon. 

5 (2) FEDERAL LAW ENFORCEMENT AGENCY.— 

6 The term ‘‘Federal law enforcement agency’’ means 

7 any agency authorized to engage in or supervise the 

8 prevention, detection, investigation, or prosecution of 

9 any violation of Federal criminal law. 

10 (3) FEDERAL LAW ENFORCEMENT OFFICER.— 

11 The term ‘‘Federal law enforcement officer’’ has the 

12 meaning given that term in section 115(c) of title 

13 18, United States Code. 

14 (4) PROTECTED DISCLOSURE.—The term ‘‘pro15 tected disclosure’’ means any disclosure of informa16 tion by an applicant, employee, or former employee 

17 that the applicant, employee, or former employee 

18 reasonably believes is related to the duties of the 

19 Special Inspector General described in section 2(c). 

20 (5) RACIAL PROFILING.— 

21 (A) IN GENERAL.—The term ‘‘racial 

22 profiling’’ means the practice of a law enforce23 ment agent or agency relying, to any degree, on 

24 actual or perceived race, ethnicity, national ori25 gin, religion, gender, gender identity, or sexual 


kjohnson on DSK79L0C42PROD with BILLS
23 

•HR 6762 IH

1 orientation in selecting which individual to sub2 ject to routine or spontaneous investigatory ac3 tivities or in deciding upon the scope and sub4 stance of law enforcement activity following the 

5 initial investigatory procedure, except when 

6 there is trustworthy information, relevant to the 

7 locality and timeframe, that links a person with 

8 a particular characteristic described in this 

9 paragraph to an identified criminal incident or 

10 scheme. 

11 (B) EXCEPTION.—For purposes of sub12 paragraph (A), a Tribal law enforcement officer 

13 exercising law enforcement authority within In14 dian country, as that term is defined in section 

15 1151 of title 18, United States Code, is not 

16 considered to be racial profiling with respect to 

17 making key jurisdictional determinations that 

18 are necessarily tied to reliance on actual or per19 ceived race, ethnicity, or Tribal affiliation. 

20 (6) SPECIAL INSPECTOR GENERAL.—The term 

21 ‘‘Special Inspector General’’ means the Special In22 spector General for Law Enforcement appointed 

23 pursuant to section 2(b)(1). 

24 (7) USE OF FORCE.—The term ‘‘use of force’’ 

25 includes— 


kjohnson on DSK79L0C42PROD with BILLS
24 

•HR 6762 IH

1 (A) the use of a firearm, electronic control 

2 weapon, explosive device, chemical agent (such 

3 as pepper spray), baton, impact projectile, blunt 

4 instrument, hand, fist, foot, canine, or vehicle 

5 against an individual; 

6 (B) the use of a weapon, including a per7 sonal body weapon, chemical agent, impact 

8 weapon, extended range impact weapon, sonic 

9 weapon, sensory weapon, conducted energy de10 vice, or firearm, against an individual; or 

11 (C) any intentional pointing of a firearm 

12 at an individual. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS