I 
117TH CONGRESS 
1ST SESSION H. R. 3732 
To reform pattern or practice investigations conducted by the Department 
of Justice, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 4, 2021 
Ms. STRICKLAND (for herself, Ms. NORTON, Mr. COOPER, Mr. CICILLINE, Ms. 
JACOBS of California, Mrs. HAYES, Mr. JONES, Mr. CROW, Mr. TORRES 
of New York, Mr. CARSON, and Mrs. CAROLYN B. MALONEY of New 
York) introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To reform pattern or practice investigations conducted by 
the Department of Justice, 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 ‘‘Enhancing Oversight 
To End Discrimination in Policing Act’’. 
SEC. 2. CONSENT DECREE PROCEDURES. 
(a) IN GENERAL.—The Attorney General, acting 
through the Assistant Attorney General of the Civil Rights 
Division of the Department of Justice, shall— 
VerDate Sep 11 2014 
06:44 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3732.IH
H3732
pbinns on DSKJLVW7X2PROD with BILLS
(1) modify the procedures for civil consent de-
crees and consent agreements in civil litigation with 
State and local governmental entities arising from 
pattern or practice investigations under section 
210401 of the Violent Crime Control and Law En-
forcement Act of 1994 (34 U.S.C. 12601) to ensure 
that— 
(A) the use of consent decrees and consent 
agreements foster the creation and use of rem-
edies that are not limited to law enforcement 
reforms, such as mental health support or com-
munity-based restorative justice mechanisms; 
and 
(B) community oversight requirements, 
such as a community oversight body described 
in subsection (b), are incorporated, when pos-
sible, into the terms of consent decrees and con-
sent agreements; and 
(2) in carrying out paragraph (1)(A), request 
guidance from the heads of other relevant agencies, 
such as the Secretary of Housing and Urban Devel-
opment and the Secretary of Health and Human 
Services, on the efficacy of the alternative remedies 
described in paragraph (1)(A). 
VerDate Sep 11 2014 
06:44 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3732.IH
H3732
pbinns on DSKJLVW7X2PROD with BILLS
(b) COMMUNITY OVERSIGHT BODY DESCRIBED.—A 
community oversight body described in this subsection is 
an oversight entity that— 
(1) is comprised of individuals who— 
(A) represent the communities and organi-
zations within the State or unit of local govern-
ment to which the consent decree or consent 
agreement applies; and 
(B) do not work, or have not previously 
worked, in a law enforcement capacity; 
(2) has a role of— 
(A) ensuring compliance with the provi-
sions of the consent decree or consent agree-
ment; and 
(B) fostering transparency in the adminis-
tration and personnel of the law enforcement 
agency; and 
(3) has the authority to— 
(A) ask questions of the law enforcement 
agency; 
(B) obtain documents, data, and informa-
tion from the law enforcement agency; and 
(C) make recommendations— 
VerDate Sep 11 2014 
06:44 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3732.IH
H3732
pbinns on DSKJLVW7X2PROD with BILLS
(i) for modifications to the provisions 
of the consent decree or consent agree-
ment, as necessary; and 
(ii) to the law enforcement agency or 
governmental officials overseeing the agen-
cy about changes in policing services. 
SEC. 3. FUNDING FOR PATTERN OR PRACTICE INVESTIGA-
TIONS. 
(a) ADDITIONAL FUNDING.—There are authorized to 
be appropriated, in addition to any other amounts author-
ized, $445,000,000 to the Civil Rights Division of the De-
partment of Justice for each of fiscal years 2021 through 
2030, of which not less than $100,000,000 shall be made 
available each fiscal year for enforcement and technical 
assistance under section 210401 of the Violent Crime Con-
trol and Law Enforcement Act of 1994 (34 U.S.C. 
12601). 
(b) UNLAWFUL CONDUCT.—Section 210401(a) of 
the Violent Crime Control and Law Enforcement Act of 
1994 (34 U.S.C. 12601(a)) is amended by inserting ‘‘in-
cluding a prosecutor, court, or other agency involved in 
the administration of justice,’’ before ‘‘to engage’’. 
(c) AUTHORITY FOR STATE INVESTIGATIONS.—Sec-
tion 210401(b) of the Violent Crime Control and Law En-
VerDate Sep 11 2014 
06:44 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3732.IH
H3732
pbinns on DSKJLVW7X2PROD with BILLS
forcement Act of 1994 (34 U.S.C. 12601(b)) is amend-
ed— 
(1) by inserting ‘‘(1) FEDERAL
ENFORCE-
MENT.—’’ before ‘‘Whenever’’; 
(2) in paragraph (1), as so designated, by strik-
ing ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’; 
and 
(3) by adding at the end the following: 
‘‘(2) STATE ENFORCEMENT.— 
‘‘(A) IN GENERAL.—Whenever an attorney 
general of a State has reasonable cause to be-
lieve that a violation of subsection (a) has oc-
curred by a governmental authority, or agent 
thereof, of the State, including a prosecutor or 
other agency involved in the administration of 
justice, the attorney general, or another official 
or agency designated by a State, may in a civil 
action brought in any appropriate district court 
of the United States obtain appropriate equi-
table and declaratory relief to eliminate the pat-
tern or practice. 
‘‘(B) PREVENTION OF CONFLICTS OF IN-
TEREST.— 
VerDate Sep 11 2014 
06:44 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3732.IH
H3732
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(i) IN
GENERAL.—No official or 
agency may be designated under subpara-
graph (A) if— 
‘‘(I) upon such designation, the 
Attorney General determines there is 
reason to believe— 
‘‘(aa) the official or agency 
would be unable to conduct an 
independent investigation; or 
‘‘(bb) a conflict of interest 
between the official or agency 
and the jurisdiction under inves-
tigation exists; or 
‘‘(II) the official is employed by 
or the agency is within, as the case 
may be, the jurisdiction under inves-
tigation. 
‘‘(ii) INDEPENDENT
ORGANIZATION 
REQUIRED.—In the case of a jurisdiction 
under investigation that is a State-wide of-
fice, an independent organization that is 
unaffiliated with State or local government 
shall be designated under subparagraph 
(A). 
VerDate Sep 11 2014 
06:44 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3732.IH
H3732
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(C) TECHNICAL
ASSISTANCE.—The At-
torney General shall provide technical assist-
ance and training to States and units of local 
government to assist States and units of local 
governments in carrying out pattern or practice 
investigations and cases. 
‘‘(D) RULE OF CONSTRUCTION.—Nothing 
in this paragraph shall be construed to preclude 
a Federal investigation or other enforcement 
under this section during the course of a State- 
led investigation or claim.’’. 
(d) GRANT PROGRAM.— 
(1) STATE DEFINED.—In this subsection, the 
term ‘‘State’’ means each of the several States, the 
District of Columbia, and each commonwealth, terri-
tory, or possession of the United States. 
(2) AUTHORIZATION.—The Attorney General 
may award grants to States to assist such States in 
pursuing pattern or practice investigations and cases 
under section 210401 of the Violent Crime Control 
and Law Enforcement Act of 1994 (34 U.S.C. 
12601). 
(3) USE OF FUNDS.—A grant awarded under 
this subsection may be used by a State to— 
VerDate Sep 11 2014 
06:44 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3732.IH
H3732
pbinns on DSKJLVW7X2PROD with BILLS
(A) conduct pattern or practice investiga-
tions and cases under section 210401 of the 
Violent Crime Control and Law Enforcement 
Act of 1994 (34 U.S.C. 12601); 
(B) implement and enforce law enforce-
ment reforms to address patterns and practices 
identified under such section 210401; and 
(C) develop non-law enforcement programs 
that reduce dependence on law enforcement 
agencies, such as funding social workers or be-
havioral health crisis experts. 
(4) APPLICATION.—To be eligible to receive a 
grant under this subsection, a State shall submit an 
application to the Attorney General that— 
(A) contains clearly defined and measur-
able objectives for the grant funds; 
(B) describes how the State intends to use 
the grant funds to pursue, implement, and en-
force pattern or practice investigations and 
cases under section 210401 of the Violent 
Crime Control and Law Enforcement Act of 
1994 (34 U.S.C. 12601); 
(C) outlines the qualifications and training 
of the attorneys, staff, and other personnel who 
are, or who may be, assigned to lead or assist 
VerDate Sep 11 2014 
06:44 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3732.IH
H3732
pbinns on DSKJLVW7X2PROD with BILLS
pattern or practice investigations and cases; 
and 
(D) demonstrates how the State will rem-
edy patterns or practices of unlawful law en-
forcement conduct through the creation of com-
munity-based programs designed to address un-
derlying challenges leading to law enforcement 
interaction. 
(5) REQUIRED REPORTING.— 
(A) GRANTEE REPORTING.—In each fiscal 
year a State receives a grant under this sub-
section, the State shall submit to the Attorney 
General a report detailing— 
(i) how the grant funds were used; 
and 
(ii) the progress made towards ad-
dressing patterns and practices identified 
under section 210401 of the Violent Crime 
Control and Law Enforcement Act of 1994 
(34 U.S.C. 12601). 
(B) REPORTS
TO
CONGRESS.—Not later 
than 1 year after the date of enactment of this 
Act, and once each year thereafter, the Attor-
ney General shall submit to the Committee on 
the Judiciary of the Senate and the Committee 
VerDate Sep 11 2014 
06:44 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3732.IH
H3732
pbinns on DSKJLVW7X2PROD with BILLS
on the Judiciary of the House of Representa-
tives a report on the grant program established 
under this subsection, which shall include— 
(i) a detailed summary of how grant 
funds awarded under the grant program 
were used; and 
(ii) recommendations, if any, for im-
provements needed for the grant program. 
(6) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the At-
torney General $150,000,000 for each of fiscal years 
2021 through 2030 to carry out this subsection. 
Æ 
VerDate Sep 11 2014 
06:44 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6301
E:\BILLS\H3732.IH
H3732
pbinns on DSKJLVW7X2PROD with BILLS