I 
117TH CONGRESS 
1ST SESSION H. R. 2893 
To establish the National Police Misuse of Force Investigation Board, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 28, 2021 
Ms. OMAR (for herself and Ms. NORTON) introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
Committee on Transportation and Infrastructure, for a period to be sub-
sequently 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 National Police Misuse of Force 
Investigation Board, 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 Misuse 
of Force Investigation Board Act of 2021’’. 
SEC. 2. GENERAL ORGANIZATION. 
(a) ORGANIZATION.—The National Police Misuse of 
Force Investigation Board (hereinafter in this Act referred 
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to as the ‘‘Board’’) is an independent establishment of the 
United States Government. 
(b) APPOINTMENT
OF MEMBERS.—The Board is 
composed of 8 members appointed by the President, by 
and with the advice and consent of the Senate. Not more 
than 4 members may be appointed from the same political 
party. At least 4 members shall be appointed on the basis 
of technical qualification, professional standing, and dem-
onstrated knowledge in civil rights law, psychology, racial 
inequality social theory, socioeconomics, or violent conflict 
mitigation. 
(c) TERMS OF OFFICE AND REMOVAL.—The term of 
office of each member is 6 years. An individual appointed 
to fill a vacancy occurring before the expiration of the 
term for which the predecessor of that individual was ap-
pointed, is appointed for the remainder of that term. 
When the term of office of a member ends, the member 
may continue to serve until a successor is appointed and 
qualified. The President may remove a member for ineffi-
ciency, neglect of duty, or malfeasance in office. 
(d) CHAIRMAN AND VICE CHAIRMAN.—The Presi-
dent shall designate, by and with the advice and consent 
of the Senate, a Chairman of the Board. The President 
also shall designate a Vice Chairman of the Board. The 
terms of office of both the Chairman and Vice Chairman 
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are 2 years. When the Chairman is absent or unable to 
serve or when the position of Chairman is vacant, the Vice 
Chairman acts as Chairman. 
(e) DUTIES
AND
POWERS
OF
CHAIRMAN.—The 
Chairman is the chief executive and administrative officer 
of the Board. Subject to the general policies and decisions 
of the Board, the Chairman shall— 
(1) appoint and supervise officers and employ-
ees, other than regular and full-time employees in 
the immediate offices of another member, necessary 
to carry out this Act; 
(2) fix the pay of officers and employees nec-
essary to carry out this Act; 
(3) distribute business among the officers, em-
ployees, and administrative units of the Board; and 
(4) supervise the expenditures of the Board. 
(f) QUORUM.—Five members of the Board are a 
quorum in carrying out duties and powers of the Board. 
(g) OFFICES, BUREAUS, 
AND
DIVISIONS.—The 
Board shall establish offices necessary to carry out this 
Act, including an office to investigate and report on police 
brutality. The Board shall establish distinct and appro-
priately staffed bureaus, divisions, or offices to investigate 
and report on incidents involving each of the following: 
(1) Deaths occurring in police custody. 
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(2) Officer-involved shootings. 
(3) Uses of force that result in severe bodily in-
jury in police custody. 
(h) CHIEF FINANCIAL OFFICER.—The Chairman 
shall designate an officer or employee of the Board as the 
Chief Financial Officer. The Chief Financial Officer 
shall— 
(1) report directly to the Chairman on financial 
management and budget execution; 
(2) direct, manage, and provide policy guidance 
and oversight on financial management and property 
and inventory control; and 
(3) review the fees, rents, and other charges im-
posed by the Board for services and things of value 
it provides, and suggest appropriate revisions to 
those charges to reflect costs incurred by the Board 
in providing those services and things of value. 
(i) BOARD MEMBER STAFF.—Each member of the 
Board shall select and supervise regular and full-time em-
ployees in his or her immediate office as long as any such 
employee has been approved for employment by the des-
ignated agency ethics official under the same guidelines 
that apply to all employees of the Board. Except for the 
Chairman, the appointment authority provided by this 
subsection is limited to the number of full-time equivalent 
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positions, in addition to 1 senior professional staff at a 
level not to exceed the GS 15 level and 1 administrative 
staff, allocated to each member through the Board’s an-
nual budget and allocation process. 
(j) SEAL.—The Board shall have a seal that shall be 
judicially recognized. 
(k) CONTENT OF REPORTS.—A report under sub-
section (g) shall include the following information: 
(1) The demographic data of the individual 
killed or injured by police. 
(2) The demographics of the officers involved. 
(3) The circumstances (such as date, time, loca-
tion). 
(4) The reason for the stop or the initial con-
tact with the subject, the events leading up to the 
shooting or use of force (such as search or pursuit). 
(5) The outcome (such as the types of force 
used, charges filed, death injury). 
SEC. 3. SPECIAL BOARDS OF INQUIRY ON POLICE BRU-
TALITY. 
(a) ESTABLISHMENT.—If an incident involves a sub-
stantial question history of excessive force use, the influ-
ence of historical racial injustice, or civil rights infringe-
ment within the community, the Board may establish a 
special board of inquiry composed of— 
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(1) one member of the Board acting as chair-
man; and 
(2) 2 members representing the public, ap-
pointed by the President on notification of the estab-
lishment of the special board of inquiry. 
(b) QUALIFICATIONS
AND CONFLICTS
OF INTER-
EST.—The public members of a special board of inquiry 
must be qualified by training and experience to participate 
in the inquiry and may not have a pecuniary interest in 
an aviation enterprise involved in the incident to be inves-
tigated. 
(c) AUTHORITY.—A special board of inquiry has the 
same authority that the Board has under this Act. 
SEC. 4. ADMINISTRATIVE. 
(a) GENERAL AUTHORITY.— 
(1) The Board, and when authorized by it, a 
member of the Board, an administrative law judge 
employed by or assigned to the Board, or an officer 
or employee designated by the Chairman of the 
Board, may conduct hearings to carry out this Act, 
administer oaths, and require, by subpoena or other-
wise, necessary witnesses and evidence. 
(2) A witness or evidence in a hearing under 
paragraph (1) of this subsection may be summoned 
or required to be produced from any place in the 
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United States to the designated place of the hearing. 
A witness summoned under this subsection is enti-
tled to the same fee and mileage the witness would 
have been paid in a court of the United States. 
(3) A subpoena shall be issued under the signa-
ture of the Chairman or the Chairman’s delegate but 
may be served by any person designated by the 
Chairman. 
(4) If a person disobeys a subpoena, order, or 
inspection notice of the Board, the Board may bring 
a civil action in a district court of the United States 
to enforce the subpoena, order, or notice. An action 
under this paragraph may be brought in the judicial 
district in which the person against whom the action 
is brought resides, is found, or does business. The 
court may punish a failure to obey an order of the 
court to comply with the subpoena, order, or notice 
as a contempt of court. 
(b) ADDITIONAL POWERS.— 
(1) The Board may— 
(A) procure the temporary or intermittent 
services of experts or consultants under section 
3109 of title 5, United States Code; 
(B) make agreements and other trans-
actions necessary to carry out this Act without 
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regard to section 3709 of the Revised Statutes 
(41 U.S.C. 5); 
(C) use, when appropriate, available serv-
ices, equipment, personnel, and facilities of a 
department, agency, or instrumentality of the 
United States Government on a reimbursable or 
other basis; 
(D) confer with employees and use serv-
ices, records, and facilities of State and local 
governmental authorities; 
(E) appoint advisory committees composed 
of qualified private citizens and officials of the 
Government and State and local governments 
as appropriate; 
(F) accept voluntary and uncompensated 
services notwithstanding another law; 
(G) accept gifts of money and other prop-
erty; 
(H) make contracts with nonprofit entities 
to carry out studies related to duties and pow-
ers of the Board; and 
(I) negotiate and enter into agreements 
with individuals and private entities and depart-
ments, agencies, and instrumentalities of the 
Government, State and local governments, and 
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governments of foreign countries for the provi-
sion of facilities, incident-related and technical 
services or training in police misuse of force in-
vestigation theory and techniques, and require 
that such entities provide appropriate consider-
ation for the reasonable costs of any facilities, 
goods, services, or training provided by the 
Board. 
(2) The Board shall deposit in the Treasury 
amounts received under paragraph (1)(I) of this 
subsection to be credited as offsetting collections to 
the appropriation of the Board. The Board shall 
maintain an annual record of collections received 
under paragraph (1)(I) of this subsection. 
(c) SUBMISSION
OF CERTAIN COPIES
TO CON-
GRESS.—When the Board submits to the President or the 
Director of the Office of Management and Budget a budg-
et estimate, budget request, supplemental budget esti-
mate, other budget information, a legislative recommenda-
tion, prepared testimony for congressional hearings, or 
comments on legislation, the Board must submit a copy 
to Congress at the same time. An officer, department, 
agency, or instrumentality of the Government may not re-
quire the Board to submit the estimate, request, informa-
tion, recommendation, testimony, or comments to another 
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officer, department, agency, or instrumentality of the Gov-
ernment for approval, comment, or review before being 
submitted to Congress. The Board shall develop and ap-
prove a process for the Board’s review and comment or 
approval of documents submitted to the President, Direc-
tor of the Office of Management and Budget, or Congress 
under this subsection. 
(d) LIAISON COMMITTEES.—The Chairman may de-
termine the number of committees that are appropriate 
to maintain effective liaison with other departments, agen-
cies, and instrumentalities of the Government, State and 
local governmental authorities, and independent standard- 
setting authorities that carry out programs and activities 
related to misuse of force by law enforcement officers. The 
Board may designate representatives to serve on or assist 
those committees. 
(e) INQUIRIES.—The Board, or an officer or em-
ployee of the Board designated by the Chairman, may con-
duct an inquiry to obtain information related to police mis-
use of force after publishing notice of the inquiry in the 
Federal Register. The Board or designated officer or em-
ployee may require by order a department, agency, or in-
strumentality of the Government, a State or local govern-
mental authority, or a person transporting individuals or 
property in commerce to submit to the Board a written 
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report and answers to requests and questions related to 
a duty or power of the Board. The Board may prescribe 
the time within which the report and answers must be 
given to the Board or to the designated officer or em-
ployee. Copies of the report and answers shall be made 
available for public inspection. 
(f) REGULATIONS.—The Board may prescribe regula-
tions to carry out this Act. 
(g) OVERTIME PAY.— 
(1) IN GENERAL.—Subject to the requirements 
of this section and notwithstanding paragraphs (1) 
and (2) of section 5542(a) of title 5, for an employee 
of the Board whose basic pay is at a rate which 
equals or exceeds the minimum rate of basic pay for 
GS–10 of the General Schedule, the Board may es-
tablish an overtime hourly rate of pay for the em-
ployee with respect to work performed at the scene 
of an incident (including travel to or from the scene) 
and other work that is critical to an incident inves-
tigation in an amount equal to one and one-half 
times the hourly rate of basic pay of the employee. 
All of such amount shall be considered to be pre-
mium pay. 
(2) LIMITATION ON OVERTIME PAY TO AN EM-
PLOYEE.—An employee of the Board may not re-
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ceive overtime pay under paragraph (1), for work 
performed in a calendar year, in an amount that ex-
ceeds 15 percent of the annual rate of basic pay of 
the employee for such calendar year. 
(3) LIMITATION ON TOTAL AMOUNT OF OVER-
TIME PAY.—The Board may not make overtime pay-
ments under paragraph (1) for work performed in 
any fiscal year in a total amount that exceeds 1.5 
percent of the amount appropriated to carry out this 
Act for that fiscal year. 
(4) BASIC PAY DEFINED.—In this subsection, 
the term ‘‘basic pay’’ includes any applicable local-
ity-based comparability payment under section 5304 
of title 5 (or similar provision of law) and any spe-
cial rate of pay under section 5305 of title 5 (or 
similar provision of law). 
(5) ANNUAL REPORT.—Not later than Sept 30, 
2022, the Board shall submit to the House Commit-
tees on the Judiciary and Oversight & Reform and 
Senate Committees on the Judiciary and Homeland 
Security & Government Affairs a report identifying 
the total amount of overtime payments made under 
this subsection in the preceding fiscal year, and the 
number of employees whose overtime pay under this 
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subsection was limited in that fiscal year as a result 
of the 15 percent limit established by paragraph (2). 
(h) INVESTIGATIVE OFFICERS.—The Board shall 
maintain at least 1 full-time employee in each State lo-
cated more than 1,000 miles from the nearest Board re-
gional office to provide initial investigative response to in-
cidents the Board is empowered to investigate under this 
Act that occur in that State. 
SEC. 5. DISCLOSURE, AVAILABILITY, AND USE OF INFORMA-
TION. 
(a) GENERAL.— 
(1) PUBLIC AVAILABILITY.—Except as provided 
in subsections (b), (c), (d), and (f) of this section, 
a copy of a record, information, or investigation sub-
mitted or received by the Board, or a member or 
employee of the Board, shall be made available to 
the public on identifiable request and at reasonable 
cost. This subsection does not require the release of 
information described by section 552(b) of title 5 or 
protected from disclosure by another law of the 
United States. 
(2) DEPOSIT OF RECEIPTS.—The Board shall 
deposit in the Treasury amounts received under 
paragraph (1) to be credited to the appropriation of 
the Board as offsetting collections. 
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(3) PROTECTION OF VOLUNTARY SUBMISSION 
OF INFORMATION.—Notwithstanding any other pro-
vision of law, neither the Board, nor any agency re-
ceiving information from the Board, shall disclose 
voluntarily provided safety-related information if 
that information is not related to the exercise of the 
Board’s investigation authority under this Act and if 
the Board finds that the disclosure of the informa-
tion would inhibit the voluntary provision of that 
type of information. 
(b) TRAINING OF BOARD EMPLOYEES AND OTH-
ERS.—The Board may conduct training of its employees 
in those subjects necessary for the proper performance of 
investigations. The Board may also authorize attendance 
at courses given under this subsection by other govern-
ment personnel, personnel of foreign governments, and 
personnel from industry or otherwise who have a require-
ment for investigation training. The Board may require 
non-Board personnel to reimburse some or all of the train-
ing costs, and amounts so reimbursed shall be credited to 
the appropriation of the Board as offsetting collections. 
SEC. 6. REPORTS AND STUDIES. 
(a) PERIODIC REPORTS.—The Board shall report pe-
riodically to Congress, departments, agencies, and instru-
mentalities of the United States Government and State 
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and local governmental authorities concerned with the 
misuse of force by public safety departments, and other 
interested persons. The report shall— 
(1) advocate meaningful responses to reduce the 
likelihood of incidents similar to those investigated 
by the Board; and 
(2) propose recommendations for adjudication 
to the local, state and Federal government, as well 
as the public. 
Additionally, if the Board sees fit, it can make a wide- 
range of recommendations for reforms to police proce-
dures, adjustment to local, state or federal law, or manu-
facturing or acquisition changes related to the weapons 
and equipment issued to the police force. 
(b) STUDIES, INVESTIGATIONS, AND OTHER RE-
PORTS.—The Board also shall— 
(1) carry out special studies and investigations 
regarding law enforcement oversight; 
(2) examine techniques and methods of police 
misuse of force investigation and periodically publish 
recommended procedures for investigations; 
(3) prescribe requirements for persons reporting 
incidents that— 
(A) may be investigated by the Board 
under this Act; or 
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(B) involve public safety departments; 
(4) evaluate, examine the effectiveness of, and 
publish the findings of the Board about the trans-
portation safety consciousness of other departments, 
agencies, and instrumentalities of the Government 
and their effectiveness in preventing such incidents; 
and 
(5) evaluate the adequacy of safeguards and 
procedures for the transportation of hazardous ma-
terial and the performance of other departments, 
agencies, and instrumentalities of the Government 
responsible for the safe transportation of that mate-
rial. 
SEC. 7. ANNUAL REPORT. 
The Board shall submit a report to Congress on July 
1 of each year. The report shall include— 
(1) a statistical and analytical summary of all 
investigations conducted and reviewed by the Board 
during the prior calendar year; 
(2) a survey and summary of the recommenda-
tions made by the Board to reduce together with the 
observed response to each recommendation; 
(3) a detailed appraisal of the investigation and 
excessive force incident prevention activities of other 
departments, agencies, and instrumentalities of the 
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United States Government and State and local gov-
ernmental authorities having responsibility for those 
activities under a law of the United States or a 
State; and 
(4) a list of ongoing investigations that have ex-
ceeded the expected time allotted for completion by 
Board order and an explanation for the additional 
time required to complete each such investigation. 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated for the purposes of this Act such sums as may 
be necessary. 
(b) FEES, REFUNDS, AND REIMBURSEMENTS.— 
(1) IN GENERAL.—The Board may impose and 
collect such fees, refunds, and reimbursements as it 
determines to be appropriate for services provided by 
or through the Board. 
(2) RECEIPTS CREDITED AS OFFSETTING COL-
LECTIONS.—Notwithstanding section 3302 of title 
31, any fee, refund, or reimbursement collected 
under this subsection— 
(A) shall be credited as offsetting collec-
tions to the account that finances the activities 
and services for which the fee is imposed or 
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with which the refund or reimbursement is as-
sociated; 
(B) shall be available for expenditure only 
to pay the costs of activities and services for 
which the fee is imposed or with which the re-
fund or reimbursement is associated; and 
(C) shall remain available until expended. 
(3) REFUNDS.—The Board may refund any fee 
paid by mistake or any amount paid in excess of 
that required. 
SEC. 9. GENERAL AUTHORITY. 
The Board shall investigate or have investigated (in 
detail the Board prescribes) and establish the facts, cir-
cumstances, and cause or probable cause of— 
(1) deaths in police custody 
(2) officer-involved shootings; or 
(3) uses of force that result in severe bodily in-
jury in police custody. 
SEC. 10. INSPECTIONS AND AUTOPSIES. 
(a) ENTRY
AND INSPECTION.—An officer or em-
ployee of the Board— 
(1) on display of appropriate credentials and 
written notice of inspection authority, may enter 
property where a incident has occurred or evidence 
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from the incident is located and do anything nec-
essary to conduct an investigation; and 
(2) during reasonable hours, may inspect any 
record, process, control, or facility related to an inci-
dent investigation under this Act. 
(b) INSPECTION, TESTING, PRESERVATION, AND 
MOVING OF INVOLVED WEAPONS.— 
(1) In investigating an incident under this Act, 
the Board may inspect and test, to the extent nec-
essary, any weapon involved. 
(2) Any weapon involved in an incident shall be 
preserved, and may be moved, only as provided by 
regulations of the Board. 
(c) EXCLUSIVE AUTHORITY OF BOARD.—Only the 
Board has the authority to decide on the way in which 
testing under this section will be conducted, including de-
cisions on the person that will conduct the test, the type 
of test that will be conducted, and any individual who will 
witness the test. Those decisions are committed to the dis-
cretion of the Board. The Board shall make any of those 
decisions based on the needs of the investigation being 
conducted and, when applicable, subsections (a), (c), and 
(e) of this section. 
(d) PROMPTNESS OF TESTS AND AVAILABILITY OF 
RESULTS.—An inspection, examination, or test under sub-
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section (a) or (c) of this section shall be started and com-
pleted promptly, and the results shall be made available. 
(e) AUTOPSIES.— 
(1) The Board may order an autopsy to be per-
formed and have other tests made when necessary to 
investigate an incident under this Act. However, 
local law protecting religious beliefs related to autop-
sies shall be observed to the extent consistent with 
the needs of the incident investigation. 
(2) With or without reimbursement, the Board 
may obtain a copy of an autopsy report performed 
by a State or local official on an individual who died 
because of an incident investigated by the Board 
under this Act. 
SEC. 11. RESPONSES TO SAFETY RECOMMENDATIONS. 
(a) GENERAL.—When the Board submits a rec-
ommendation related to law enforcement use of force, the 
recipient shall give a formal written response to each rec-
ommendation not later than 90 days after receiving the 
recommendation. The response shall indicate whether the 
recipient intends— 
(1) to carry out procedures to adopt the com-
plete recommendation; 
(2) to carry out procedures to adopt a part of 
the recommendation; or 
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(3) to refuse to carry out procedures to adopt 
the recommendation. 
(b) TIMETABLE FOR COMPLETING PROCEDURES AND 
REASONS FOR REFUSALS.—A response under subsection 
(a)(1) or (2) of this section shall include a copy of a pro-
posed timetable for completing the procedures. A response 
under subsection (a)(2) of this section shall detail the rea-
sons for the refusal to carry out procedures on the remain-
der of the recommendation. A response under subsection 
(a)(3) of this section shall detail the reasons for the re-
fusal to carry out procedures. 
(c) PUBLIC AVAILABILITY.—The Board shall make 
a copy of each recommendation and response available to 
the public. 
(d) REPORTING REQUIREMENTS.— 
(1) ANNUAL SECRETARIAL REGULATORY STA-
TUS REPORTS.—On February 1 of each year, the At-
torney General shall submit a report to Congress 
and the Board containing the regulatory status of 
each recommendation made by the Board that is on 
the Board’s ‘‘most wanted list’’. The Attorney Gen-
eral shall continue to report on the status of each 
such recommendation in the report due on February 
1 of subsequent years. 
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