IB
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. NOR-
TON, 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 com-
munity 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Police Train-
ing Commission Act of 1999’’.
SEC. 2. ESTABLISHMENT.
There is established, subject to the availability of ap-
propriations, a commission to be known as the ‘‘National
Police Training Commission’’ (hereinafter in this Act re-
ferred 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 ap-
point 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 Commis-
sion shall be individuals who have knowledge or ex-
pertise, 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 Com-
mission 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 func-
tions 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 sub-
section (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 avail-
able 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 origi-
nal 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 Commis-
sion 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, in-
cluding the following:
(1) Training: policies, practices, and organiza-
tional 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 commu-
nity vis a vis law enforcement.
(2) Recruitment and Hiring: policies and prac-
tices in hiring and recruiting law enforcement officers
and identifying and setting standards for hiring re-
garding 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; dis-
crimination and harassment, including the relation-
ship between police and prosecutors; perjury, includ-
ing the ‘‘code of silence’’.
(4) Funding: the effectiveness of the use of fund-
ing for programs relating to matters described in
paragraphs (1) through (3) of this subsection, whether
derived from the Violent Crime Control and Law En-
forcement 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 re-
port 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 depart-
ment or agency such information as the Commission con-
siders necessary to carry out its duties under section 4.
Upon the request of the Commission, the head of such de-
partment 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 re-
ceived for their services as officers or employees of the
United States.
(c) TRAVEL EXPENSES.—The members of the Commis-
sion 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 Commis-
sion.
(d) STAFF.—
and such detail shall be without interruption or loss
of civil service status, benefits, or privilege.
(e) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT 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 individ-
uals 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 Commis-
sion’s business, if such rules are not inconsistent with this
Act or other applicable law.
(h) USE OF INFORMATION ACQUIRED BY THE COMMIS-
SION.—Information acquired by the Commission for its
study shall be used only for research, statistical, and report-
ing purposes.
(i) INFORMATION TO BE KEPT CONFIDENTIAL.—Infor-
mation the Commission determines is confidential, includ-
ing 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 re-
port published by the Commission.
(j) APPLICABILITY OF FEDERAL TORT CLAIMS PROVI-
SIONS.—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 commis-
sion is not a Federal agency or that any of the members
or personnel of a commission is not an employee of the Gov-
ernment 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 re-
ceive such evidence as the Commission considers ad-
visable 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 mile-
age 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 over-
sight assistance under paragraph (1)(A) shall be
given to the following cities: New York, New York,
Chicago, Illinois, Los Angeles, California, Wash-
ington, 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 po-
lice departments and upon receipt of written assur-
ances from the police department that the department
will provide access to its operations to the Commis-
sion. There are authorized to be appropriated for fis-
cal 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 fol-
lowing:
‘‘(6) assurances that the State will follow the
guidelines established by the Attorney General in re-
porting, 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.’’.