‘‘(2)(A) The punishment for an offense under this
subsection is a fine under this title, or imprisonment under
subparagraph (B), or both.
‘‘(B) The imprisonment for an offense under this
subsection shall be—
‘‘(i) if death results from the act committed in
violation of this subsection, imprisonment for any
term of years or for life;
‘‘(ii) if bodily injury results from the act com-
mitted in violation of this subsection, or if such act
involves a sexual act, or such act includes the use,
threatened use, or attempted use of a firearm or
dangerous weapon, imprisonment for not more than
10 years; and
‘‘(iii) in any other case, imprisonment not to ex-
ceed 2 years.
‘‘(3) As used in this subsection—
‘‘(A) the term ‘sexual act’ has the meaning set
forth in subparagraphs (A) through (C) of section
2246(2);
‘‘(B) the term ‘sexual contact’ has the meaning
given such term in section 2246(3); and
‘‘(C) the term ‘bodily injury’ has the meaning
given such term in section 1515(a)(5).
‘‘(4) No prosecution of a case described in this sub-
section shall be undertaken, except upon certification in
writing by the Assistant Attorney General for Civil Rights
that, in that official’s judgment, a prosecution by the
United States is in the public interest and necessary to
secure substantial justice.’’.
SEC. 602. AVAILABILITY OF EXPERT WITNESS FEES IN 42
U.S.C. 1983 ACTIONS.
Section 722 of the Revised Statutes of the United
States (42 U.S.C. 1988) is amended by striking ‘‘or
1977A’’ and inserting ‘‘, 1977A, or 1979’’.
TITLE VII—STUDY OF DEATHS IN
CUSTODY
SEC. 701. STUDY.
Section 20104(a) of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 13704(a)) is
amended—
(1) in paragraph (2), by striking ‘‘or’’ after the
semicolon;
(2) in paragraph (3)(B), by striking the period
and inserting ‘‘; or’’; and
(3) by adding at the end the following new
paragraphs:
‘‘(4) such State has provided an assurance that
it shall follow guidelines that may be established by
the Attorney General in reporting, on a quarterly
basis, information regarding the death of any person
who is in the process of arrest, has been arrested,
has been incarcerated or is en route to be incarcer-
ated at any municipal or county jail, State prison,
or other State or local correctional facility (including
any juvenile facility) that, at a minimum, includes—
‘‘(A) the name, gender, race, ethnicity, im-
migration status, national origin, and age of the
deceased;
‘‘(B) the date, time, and location of death;
and
‘‘(C) a brief description of the cir-
cumstances surrounding the death.
‘‘(5) such State has provided an assurance that
it shall follow guidelines that may be established by
the Attorney General in reporting, on a quarterly
basis, information regarding the medical treatment
given to or withheld from any person who was in-
jured while in the process of arrest, incarceration, or
en route to be incarcerated at any municipal or
county jail, State prison, or other State or local cor-
rectional facility (including any juvenile facility).’’.
TITLE 
VIII—NATIONAL 
TASK
FORCE ON LAW ENFORCE-
MENT OVERSIGHT
SEC. 801. NATIONAL TASK FORCE ON LAW ENFORCEMENT
OVERSIGHT.
(a) ESTABLISHMENT.—There is established within
the Department of Justice a task force to be known as
the Task Force on Law Enforcement Oversight (herein-
after in this title referred to as the ‘‘Task Force’’).
(b) COMPOSITION.—The Task Force shall be com-
posed of individuals appointed by the Attorney General,
who shall appoint at least 1 individual from each of the
following:
(1) the Special Litigation Section of the Civil
Rights Division;
(2) the Criminal Section of the Civil Rights Di-
vision;
(3) the Coordination and Review Section of the
Civil Rights Division;
(4) the Employment Litigation Section of the
Civil Rights Division;
(5) the Disability Rights Section of the Civil
Rights Division;
(6) the Office of Justice Programs;
(7) the Office of Community Oriented Policing
Services (COPS);
(8) the Corruption/Civil Rights Section of the
Federal Bureau of Investigation;
(9) the Community Relations Service; and
(10) the unit within the Department of Justice
assigned as a liaison for civilian review boards.
(c) POWERS AND DUTIES.—The Task Force shall—
(1) coordinate investigative, prosecutorial, and
enforcement efforts of Federal, State, local, and In-
dian tribal governments in cases related to law en-
forcement misconduct; and
(2) consult with professional law enforcement
associations (as defined in section 102), labor orga-
nizations, and community-based organizations (as
defined in section 102) to coordinate the process of
the detection and referral of complaints regarding
incidents of alleged law enforcement misconduct.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $5,000,000 for each fiscal
year to carry out this section.
TITLE 
IX—IMMIGRATION 
EN-
FORCEMENT 
REVIEW 
COM-
MISSION
SEC. 901. CREATION OF IMMIGRATION ENFORCEMENT RE-
VIEW COMMISSION.
There is established a commission to be known as the
Immigration Enforcement Review Commission (herein-
after in this title referred to as the ‘‘Review Commis-
sion’’). The Review Commission shall be comprised of a
Board of Commissioners, an Investigations Office, and a
Community Outreach Office. In the execution of its duties,
the Review Commission shall comply with the require-
ments established in this title. The Immigration and Natu-
ralization Service and the Customs Service (hereinafter in
this title referred to as the ‘‘Services’’) shall cooperate
fully with the Review Commission and its employees in
carrying out the duties of the Review Commission under
this title, and shall provide to the Commission such
records as the Commission considers appropriate.
SEC. 902. DUTIES OF REVIEW COMMISSION.
The Review Commission shall be responsible for in-
vestigating complaints of civil rights abuses against any
of the Services, employees of any of the Services, divisions
of any of the Services, or any facilities where detainees
are held in custody of any of the Services. Based upon
its findings, the Review Commission shall make rec-
ommendations to the Services to discipline employees of
any of the Services responsible for committing abuses. The
Review Commission shall also make policy recommenda-
tions to the Services as appropriate.
SEC. 903. BOARD OF COMMISSIONERS.
(a) COMPOSITION
OF
THE BOARD
OF COMMIS-
SIONERS.—The Board of Commissioners (hereinafter in
this title referred to as the ‘‘Board’’) shall be composed
of 7 members who shall be appointed by the President,
in consultation with community-based organizations and
professional law enforcement associations, by and with the
advice and consent of the Senate. The President shall des-
ignate 1 member to serve as Director of the Board. Not
more than 4 members may be of the same political party.
The members of the Board shall be full-time employees.
(b) APPOINTMENTS AND TERMS OF OFFICE.—
(1) Except as provided in paragraph (2), the
term of each Commissioner shall be 6 years.
(2) Of the members first appointed, 4 shall be
appointed to terms of 3 years. Not more than 2
members appointed under this paragraph may be of
the same political party.
(3) A member appointed to fill a vacancy occur-
ring before the expiration of the term for which that
member’s predecessor was appointed shall be ap-
pointed only for the remainder of that term.
(4) No person shall serve as a member of the
Board for more than 2 terms.
(c) COMPENSATION.—Each member of the Board
shall receive compensation at the annual rate of basic pay
in effect for level V of the Executive Schedule.
(d) ELIGIBILITY.—A member of the Board may not
have been employed by any of the Services within the pe-
riod beginning 5 years before appointment, or employed
by any law enforcement agency within the period begin-
ning 1 year before appointment.
SEC. 904. ADMINISTRATIVE PROVISIONS.
(a) INVESTIGATIONS OFFICE.—The Review Commis-
sion shall employ such investigative personnel as the
Board considers advisable, in accordance with the civil
service and classification laws. Investigators shall be
charged with the responsibility of investigating all com-
plaints brought to the Review Commission’s attention.
(b) COMMUNITY OUTREACH OFFICE.—The Board
shall appoint a Director of Community Outreach. The Di-
rector of Community Outreach shall establish local com-
munity task forces to improve the working relationship be-
tween the Services and local community groups and orga-
nizations.
(c) REVIEW COMMISSION FACILITIES.—The Review
Commission shall establish a headquarters and 3 regional
offices. The Review Commission may not maintain offices
in a facility under the control or operation of any of the
Services, or any facility in which any of the Services occu-
pies space.
(d) PERSONNEL LIMITATION.—An employee of the
Review Commission may not have been employed by any
of the Services within the period beginning 5 years before
appointment or employed by any law enforcement agency
within the period beginning 1 year before appointment.
(e) REGULATIONS.—The Review Commission is au-
thorized to promulgate such rules and regulations as may
be necessary to carry out this title including procedures
for the filing, investigation, and resolution of complaints.
SEC. 905. OPERATIONS OF REVIEW COMMISSION.
(a) COMPLAINT FORMS.—
(1) Complaint forms shall be made available at
each facility of any of the Services and shall be
available upon request from the Review Commission.
(2) The complaint forms shall be written in lan-
guages reflecting the languages of the immigrant
population.
(b) FILING OF COMPLAINTS.—
(1) Complaints may be filed in person, by mail,
by telephone, by facsimile, or by any other reason-
able means. Complaints may be filed by any person,
including anonymously, and may be filed on behalf
of third parties. Complaints need not be filed on the
official complaint forms.
(2) The Review Commission shall establish and
operate a multilingual, 24-hour, toll-free hotline to
receive complaints.
(3) Whenever possible, upon receipt of a com-
plaint, the Review Commission shall provide to the
complainant information which describes the review
procedures of the Review Commission. Such infor-
mation shall be available in languages reflecting the
languages of the immigrant population.
(c) PUBLIC OUTREACH.—
(1) The Review Commission shall educate mem-
bers of the public about its functions and shall re-
ceive and actively seek out suggestions from the pub-
lic to improve the functioning of the Review Com-
mission.
(2) The Review Commission shall develop out-
reach materials, which shall include a description of
the Review Commission, its duties, and its complaint
procedures. Such materials shall be made available
to the public in languages reflecting the languages
of the immigrant population.
(3) The Review Commission shall oversee the
display and dissemination of outreach materials at
each facility of any of the Services.
(d) SERVICE EMPLOYEES’ DUTY TO INFORM COM-
MISSION.—
(1) When a complaint of agent misconduct is
brought to the attention of an employee of any of
the Services, that employee shall promptly inform
the complainant of proper procedures for filing a
complaint.
(2) An employee of any of the Services who wit-
nesses or otherwise obtains actual knowledge of the
use of force that is unreasonable in light of the facts
and circumstances and involves another employee of
any of the Services, shall report such incident to the
Review Commission within 24 hours of the acquisi-
tion of knowledge of such incident.
(3) The Review Commission may promulgate
regulations requiring employees of any of the Serv-
ices to report to the Commission other violations of
the Services’ operating procedures.
(e) INVESTIGATION
OF COMPLAINTS.—Each com-
plaint shall be investigated by an investigator who shall
complete and submit a written report to the Board of
Commissioners within 60 days of the assignment, unless
the Board authorizes an extension. The Services shall
grant investigators access to information, documents, or
other items relevant to the matter under investigation.
The Board may issue subpoenas. Each employee of any
of the Services shall cooperate fully with Review Commis-
sion investigations, subject to the protections afforded by
the Constitution. Employees of the Services shall be ad-
vised of their constitutional rights and the procedural
rights afforded under this title.
(f) DISPOSITION OF COMPLAINTS.—
(1) When the Board receives a written report
on a complaint from an investigator, the Board shall
designate a panel of 3 of its members (hereinafter
in this title referred to as a ‘‘Panel’’) to review the
report.
(2) A Panel shall conduct hearings on the com-
plaint if—
(A) the alleged abuse is of a serious na-
ture, as defined by the regulations prescribed
under authority of this title; or
(B) the Panel, by majority vote, decides to
hold a hearing.
(3) The Panel shall issue a written finding on
the complaint based on the report alone or on the
report and a hearing, if one is held.
(4) The Panel shall forward its finding to both
the complainant and the employee. The complainant
and the employee shall have 30 days in which to re-
view the Panel’s official finding. During the 30-day
period, either the complainant or the employee may
take one of the following actions:
(A) If no hearing was held, request that
the Panel conduct a hearing. A hearing shall be
held if one member of the Panel votes to hold
a hearing.
(B) Regardless of whether a hearing was
held, request an en banc review of the Panel’s
decision. An en banc review will be granted if
a majority of the Board votes to conduct such
review.
(5) If neither party makes a request pursuant
to subparagraphs (A) or (B) of paragraph (4), or if
such a request is denied, then the Board, promptly,
shall report its finding to the appropriate Service.
(6) All findings made by the Board of Commis-
sioners sitting en banc shall be reported directly to
the appropriate Service with copies to the complain-
ant and the employee.
(g) HEARINGS.—
(1) Both the complainant and the subject em-
ployee shall have the right to be represented by
counsel or other representative at Board hearings, to
present witnesses, and to cross-examine witnesses.
(2) Any finding of a violation on the part of an
employee by the Board must be established by a pre-
ponderance of the evidence.
(3)(A) Except as provided in subparagraph (B),
hearings shall be open to the public and transcripts
of hearings shall be available to the public.
(B) For good cause the Board of Commis-
sioners may close to the public all or any part of a
hearing and may seal all or any part of the tran-
script of a hearing.
(4) Unless mandated by unusual circumstances,
a hearing shall be conducted in one location within
the United States that is generally convenient to the
complainant and any potential witnesses.
(h) DISCIPLINARY RECOMMENDATIONS.—
(1) When a finding of a violation may con-
stitute a criminal offense, the Board shall inform the
appropriate Federal or State authorities so that ap-
propriate prosecutorial action may be considered.
Prosecutorial action shall not relieve the Board of its
duties under this title.
(2) When a complaint has been substantiated,
the Board shall recommend disciplinary action
against the subject employee. The Board’s rec-
ommendations shall be based on a schedule of sanc-
tions determined by the Commission. If the Service
does not adopt the recommendations of the Board,
it shall provide a written explanation of the grounds
for refusal to do so within 30 days of the Board’s
recommendation. The Commission’s recommenda-
tions and the Service’s explanation shall be made
public.
(3) Nothing in this title shall affect the author-
ity of the Services to discipline their employees.
(i) EARLY WARNING PROGRAM.—The Review Com-
mission shall conduct a periodic review of all complaints
in order to determine whether particular Service employ-
ees have been the subject of repeated complaints or have
otherwise demonstrated they may be having difficulty
dealing appropriately with members of the public. The re-
sults of this review shall be presented to the Services. The
Review Commission shall make recommendations to the
Services with respect to so identified Service employees in-
cluding, but not limited to, recommendations of training
or counseling.
(j) RECORDS
OF COMPLAINTS
AND STATISTICAL
SUMMARIES.—The Review Commission shall maintain
records of complaints, including a summary of reports
made pursuant to the Early Warning Program under sub-
section (i). The Review Commission shall compile and pub-
lish, at least annually, a statistical summary of all com-
plaints received and the dispositions of such complaints.
SEC. 906. RETALIATION.
(a) RETALIATION PROHIBITED.—Retaliation is pro-
hibited and shall constitute the basis for a complaint to
the Commission.
(b) DEFINITION.—For the purposes of this title, the
term ‘‘retaliation’’ means any action or threat of action
against a person, including a Service employee, because
such person filed a complaint, testified, assisted, or par-
ticipated in any manner in an investigation or hearing re-
lated to the complaint procedures established by this title.
SEC. 907. LIMITATION ON USE OF TESTIMONY.
No testimony or other information gathered as part
of a complaint, investigation, or hearing under this title
may be used in any proceeding under the Immigration and
Nationality Act.
SEC. 908. FUNDING.
Funds authorized to be appropriated for the Office
of the Inspector General of the Department of Justice and
the Office of the Inspector General of the Department of
the Treasury are authorized to be available to carry out
this title.
TITLE X—FEDERAL DATA COL-
LECTION 
ON 
RACIAL
PROFILING
SEC. 1001. DATA COLLECTION.
(a) IN GENERAL.—The Attorney General, the Sec-
retary of the Treasury, and the Secretary of the Interior
shall collect data that is sufficiently detailed to permit an
analysis of investigatory actions carried out by Federal
law enforcement agencies including, but not limited to, the
Immigration and Naturalization Service, the Drug En-
forcement Administration, the Customs Service, and the
National Park Service by race, ethnicity, and gender.
(b) INVESTIGATORY ACTIONS INCLUDED.—For pur-
poses of subsection (a), investigatory actions include traf-
fic stops, pedestrian stops, inspections and interviews of
entrants into the United States that are more extensive
than those customarily carried out, requests for consent
to search, and warrantless searches. Data shall also be col-
lected on the type of search conducted and on the results
of the searches included in the data collection.
(c) REPORTS.—
(1) DEPARTMENT REPORTS.—Not later than 1
year after the date of the enactment of this
section—
(A) each official referred to in subsection
(a) shall prepare a report on the data collected
pursuant to that subsection, including a de-
scription of any civilian complaints received al-
leging bias based on the race, ethnicity, or gen-
der of the complainant in law enforcement ac-
tivities, the process for investigating and resolv-
ing such complaints, and the outcomes of any
such investigations; and
(B) each official referred to in subsection
(a) other than the Attorney General shall trans-
mit such report to the Attorney General.
(2) MASTER REPORT.—The Attorney General
shall promptly—
(A) analyze each report prepared under
paragraph (1);
(B) prepare, in consultation with the heads
of relevant agencies, a master report containing
those analyses, which shall include the training
programs, policies, and practices regarding the
use of race, ethnicity, and gender in the law en-
forcement activities of those agencies and the
recommendations of the Attorney General for
improving those programs, policies, and prac-
tices; and
(C) transmit such master report to the
President.
(3) PROTECTION OF INDIVIDUAL IDENTITIES.—
The reports prepared under paragraph (1) and the
master report prepared under paragraph (2) shall
not include any information likely to reveal the iden-
tity of any individual.
TITLE XI—WHISTLEBLOWER
PROTECTION
SEC. 1101. PROHIBITION AGAINST DISCRIMINATION OR RE-
TALIATION.
(a) IN GENERAL.—No person shall retaliate or dis-
criminate in any manner against any local, State, Indian
tribal, or Federal law enforcement officer because the offi-
cer acting in good faith—
(1) engaged in any disclosure of information re-
lating to the unlawful behavior of any fellow officer
in the line of duty;
(2) advocated on behalf of a civilian with re-
spect to the treatment received from a law enforce-
ment officer; or
(3) initiated, cooperated, or otherwise partici-
pated in any investigation or proceeding of any law
enforcement agency relating to a pattern and prac-
tice of officer misconduct.
(b) ATTEMPTS.—No person shall retaliate or dis-
criminate in any manner against any law enforcement offi-
cer because the officer has attempted or has an intention
to engage in an action for which a protection against dis-
crimination or retaliation is provided under subsection (a).
(c) RESTRICTIONS ON REPORTING PROHIBITED.—
No person shall by contract, policy, or procedure prohibit
or restrict any law enforcement officer from engaging in
any action for which a protection against discrimination
or retaliation is provided under subsection (a).
(d) CONFIDENTIAL
INFORMATION.—This section
does not protect disclosures that would violate Federal,
State, or Indian tribal law or diminish or impair the rights
of any person to the continued protection of confidentiality
of communications provided by State, Indian tribal or
Federal law.
(e) GOOD FAITH ACTION.—A law enforcement officer
with respect to the conduct described in paragraph (1) of
subsection (a) shall be considered to be acting in good
faith for purposes of that subsection if the officer reason-
ably believes that—
(1) the information is true; and
(2) the information disclosed by the law en-
forcement officer—
(A) evidences a violation of any law, rule,
or regulation, or of a generally recognized pro-
fessional or legal standard; or
(B) relates to services or conditions which
potentially endangers 1 or more officers or civil-
ians.
SEC. 1102. CONFIDENTIALITY OF COMPLAINTS TO GOVERN-
MENT AGENCIES.
The identity of a law enforcement officer who com-
plains in good faith to a government agency or department
about the unlawful practices of a law enforcement agency
shall remain confidential and shall not be disclosed by any
person except upon the knowing written consent of the law
enforcement officer. This section shall not preempt any
right of confrontation protected by the Constitution or by
Federal, State, or Indian tribal law.
SEC. 1103. ENFORCEMENT.
(a) PRIVATE CAUSE OF ACTION.—
(1) Any law enforcement officer who believes
that he or she has been retaliated or discriminated
against in violation of section 1101 may file a civil
action in any Federal, State, or Indian tribal court
of competent jurisdiction against the person believed
to have violated section 1101.
(2) If the court determines that a violation of
section 1101 has occurred, the court shall award
such damages which result from that violation, in-
cluding compensatory damages, reinstatement, reim-
bursement of any wages, salary, employment bene-
fits, or other compensation denied or lost to such
employee by reason of the violation, as well as puni-
tive damages, attorneys’ fees, and costs (including
expert witness fees). The court shall award interest
on the amount of damages awarded at the prevailing
rate.
(3) The court may issue temporary, prelimi-
nary, and permanent injunctive relief restraining
violations of section 1101, including the restraint of
any withholding of the payment of wages, salary,
employment benefits, or other compensation, plus in-
terest, found by the court to be due and the re-
straint of any other change in the terms and condi-
tions of employment, and may award such other eq-
uitable relief as may be appropriate, including em-
ployment, reinstatement, and promotion.
(4) An action may be brought under this sub-
section not later than 2 years after the date of the
last event constituting the alleged violation for which
the action is brought.
(b) CIVIL PENALTY.—Any person who violates a pro-
vision of section 1101 shall be subject to a civil penalty
of not to exceed $10,000 for each violation. In determining
the amount of any penalty under this subsection, the ap-
propriateness of such penalty to the size of the business
of the person charged and the gravity of the violation shall
be considered. The amount of any penalty under this sub-
section, when finally determined, may be—
(1) deducted from any sums owing by the
United States to the person charged; or
(2) ordered by the court, in an action brought
for a violation of section 1101 brought by the law
enforcement officer who suffered retaliation or dis-
crimination.
(c) CRIMINAL PENALTY.—Any person who willfully
and repeatedly violates a provision of section 1101 and
such violation is related to—
(1) a pattern or practice of such violations;
(2) a quality of services that would likely lead
to serious injury or death to civilians or law enforce-
ment officers; or
(3) retaliation against a law enforcement officer
that could lead to serious injury or death;
shall be fined under title 18, United States Code, impris-
oned for not more than 1 year, or both.
SEC. 1104. BURDEN OF PROOF.
(a) ON COMPLAINANT.—In any civil action brought
under this title, the complainant shall have the initial bur-
den of making a prima facie showing that behavior de-
scribed in subsections (a) through (c) of section 1101 was
a contributing factor in the adverse action or inaction al-
leged in the complaint. A prima facie case shall be estab-
lished if the complainant can show that—
(1) the respondent knew of the complainant’s
protected activities at the time that the alleged unfa-
vorable action or inaction was taken; and
(2) the discriminatory action occurred within a
period of time such that a reasonable person could
conclude that an activity protected under section
1101 was a contributing factor in the discriminatory
treatment.
(b) ON RESPONDENT.—Once the complainant estab-
lishes a prima facie case, the burden shifts to the respond-
ent to demonstrate, by clear and convincing evidence, that
it would have taken the same adverse action or inaction
in the absence of such behavior.
SEC. 1105. DEFINITIONS.
For purposes of this title:
(1) The term ‘‘discrimination or retaliation’’ in-
cludes a threat, intimidation, or any adverse change
in a law enforcement officer’s wages, benefits, or
terms or conditions of employment. In the case of a
law enforcement officer who is not an employee of
the law enforcement agency, such term includes any
adverse action taken against the worker or the work-
er’s employer, including the cancellation of or refusal
to renew a contract with the law enforcement officer
or the employer.
(2) The term ‘‘person’’ includes an institution,
Federal, State, Indian tribal, or local governmental
entity, or any other public or private entity.
SEC. 1106. NOTICE.
(a) IN GENERAL.—Each law enforcement agency
shall post and keep posted, in conspicuous places on the
premises of the law enforcement agency where notices to
employees and applicants for employment are customarily
posted, a notice, to be prepared or approved by the Attor-
ney General, setting forth excerpts from, or summaries of,
the pertinent provisions of this title and information per-
taining to the filing of a charge under section 1101.
(b) PENALTY.—Any law enforcement agency that
willfully violates this section may be assessed by the Attor-