I
106TH CONGRESS
2D SESSION
H. R. 3981
To encourage greater community accountability of law enforcement agencies,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 15, 2000
Mr. CONYERS (for himself, Mr. RANGEL, Mr. MEEKS of New York, Ms. JACK-
SON-LEE of Texas, Mr. SERRANO, Ms. CARSON, Mr. WYNN, Mr. OWENS,
Mr. SCOTT, Mr. DAVIS of Illinois, Mr. TOWNS, Mr. GONZALEZ, Mr.
UNDERWOOD, Mr. CUMMINGS, Mr. HINCHEY, Mr. ENGEL, Ms. WATERS,
and Mr. NADLER) introduced the following bill; which was referred to the
Committee on Judiciary
A BILL
To encourage greater community accountability of law
enforcement agencies, 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 ‘‘Law Enforcement
Trust and Integrity Act of 2000’’.
TITLE I—LAW ENFORCEMENT
ACCREDITATION
SEC. 101. ACCREDITATION OF LAW ENFORCEMENT AGEN-
CIES.
(a) STANDARDS.—
(1) INITIAL ANALYSIS.—The Attorney General
shall perform an initial analysis of existing accredi-
tation standards and methodology developed by law
enforcement accreditation organizations nationwide,
including but not limited to national, state, regional,
and Indian tribal accreditation organizations.
(2) IN GENERAL.—The Attorney General shall
recommend additional areas for the development of
national standards for the accreditation of law en-
forcement agencies in consultation with existing law
enforcement accreditation organizations, professional
law enforcement associations, labor organizations,
community-based organizations, and professional ci-
vilian oversight organizations.
(3) DEVELOPMENT OF UNIFORM STANDARDS.—
After completion of the initial review and analysis
under paragraph (2), the Attorney General shall rec-
ommend, in consultation with such organizations,
the adoption of additional standards, including but
not limited to standards relating to early warning
programs, civilian review procedures, traffic stop
documentation and procedures, administrative due
process requirements, and training.
(4) CONTINUING
ACCREDITATION
PROCESS.—
The Attorney General shall adopt policies and proce-
dures to partner with law enforcement accreditation
organizations, professional law enforcement associa-
tions, labor organizations, community-based organi-
zations, and professional civilian oversight organiza-
tions to continue the development of further accredi-
tation standards consistent with paragraph (2) and
to encourage the pursuit of accreditation of Federal,
State, local, and Indian tribal law enforcement agen-
cies by certified law enforcement accreditation orga-
nizations.
(b) ACCREDITATION GRANTS.—The Attorney Gen-
eral may make funds available to State, local, and Indian
tribal law enforcement agencies under this title to assist
in gaining or maintaining accreditation from certified law
enforcement accreditation organizations.
SEC. 102. DEFINITIONS.
In this title:
(1) The term ‘‘law enforcement accreditation
organization’’ means a professional law enforcement
organization involved in the development of stand-
ards of accreditation for law enforcement agencies at
the national, State, regional, or Indian tribal level
(such as the Commission on Accreditation of Law
Enforcement Agencies (CALEA)).
(2) The term ‘‘law enforcement agency’’ means
a State, local, or Indian tribal public agency engaged
in the prevention, detection, or investigation of viola-
tions of criminal laws.
(3) The term ‘‘community-based organization’’
means a grassroots organization that monitors the
issue of police misconduct and that has a national
presence and membership (such as the National As-
sociation for the Advancement of Colored People
(NAACP), the American Civil Liberties Union
(ACLU), the National Council of La Raza, the Na-
tional Urban League, the National Congress of
American Indians, and the National Asian Pacific
American Legal Consortium (NAPALC)).
(4) The term ‘‘professional law enforcement as-
sociation’’ means a law enforcement membership as-
sociation that works for the needs of Federal, State,
local, or Indian tribal law enforcement groups and
with the civilian community on matters of common
interest (such as the Hispanic American Police Com-
mand Officers Association (HAPCOA), National
Asian Pacific Officers Association (NAPOA), Na-
tional Black Police Association (NBPA), National
Latino Peace Officers Association (NLPOA), Na-
tional Organization of Black Law Enforcement Ex-
ecutives (NOBLE), Native American Law Enforce-
ment Association (NALEA), International Associa-
tion of Chiefs of Police (IACP), and Fraternal Order
of Police (FOP)).
(5) The term ‘‘professional civilian oversight or-
ganization’’ means a membership organization
formed to address and advance the cause of civilian
oversight of law enforcement and whose members
are from Federal, State, regional, local, or Indian
tribal organizations that review issues or complaints
against law enforcement entities or individuals (such
as the National Association for Civilian Oversight of
Law Enforcement (NACOLE)).
(6) The term ‘‘Indian tribe’’ means a tribe,
band, pueblo, nation, or other organized group or
community of Indians, including an Alaska Native
village (as defined in or established under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et
seq.)), that is recognized as eligible for the special
programs and services provided by the United States
to Indians because of their status as Indians.
(7) The term ‘‘State’’ includes the District of
Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the Virgin Islands, and
any other territory or possession of the United
States.
TITLE II—LAW ENFORCEMENT
DEVELOPMENT PROGRAMS
SEC. 201. LAW ENFORCEMENT GRANTS.
(a) GRANT AUTHORIZATION.—The Attorney General
may make grants to States, units of local government, In-
dian tribal governments, or other public and not-for-profit
private entities, or to any multijurisdictional or regional
consortia of such entities, to study and implement effective
management, training, recruiting, hiring, and oversight
policies and programs for law enforcement agencies.
(b) PROJECT GRANTS TO STUDY LAW ENFORCE-
MENT AGENCY MANAGEMENT.—Grants made under sub-
section (a) shall be used for the study of management and
operations standards for law enforcement agencies, includ-
ing standards relating to administrative due process, resi-
dency requirements, compensation and benefits, use of
force, racial profiling, early warning programs, civilian re-
view boards or analogous procedures, or research into the
effectiveness of existing programs, projects, or other ac-
tivities designed to address misconduct by law enforce-
ment officers.
(c) PROJECT GRANTS TO DEVELOP PILOT PRO-
GRAMS.—Grants made under subsection (a) shall also be
used to develop pilot programs and implement effective
programs in the areas of training, hiring and recruitment,
and oversight that are designed to improve management
and address misconduct by law enforcement officers.
These programs shall include the following characteristics:
(1) 
TRAINING.—Law 
enforcement 
policies,
practices, and procedures addressing training and
instruction to comply with accreditation standards in
the areas of—
(A) the use of lethal and nonlethal force;
(B) responding to and reporting instances
of law enforcement misconduct, including but
not limited to use of excessive force or racial
profiling;
(C) tactical and defensive strategy;
(D) arrests, searches, and handcuffing;
(E) professional verbal communications
with civilians;
(F) police interactions with youth, the
mentally ill, and monolingual, multi-cultural
communities;
(G) proper traffic, pedestrian, airport, and
other enforcement stops; and
(H) community relations.
(2) RECRUITMENT, HIRING, RETENTION, AND
PROMOTION OF DIVERSE LAW ENFORCEMENT OF-
FICERS.—Policies, procedures, and practices for—
(A) the hiring and recruitment of diverse
law enforcement agencies representative of the
communities they serve;
(B) the development of valid, job-related
educational and psychological standards; and
(C) initiatives to encourage residency and
continuing education.
(3) OVERSIGHT.—Complaint procedures, in-
cluding the establishment of civilian review boards or
analogous procedures for jurisdictions across a range
of sizes and agency configurations, complaint proce-
dures by community-based organizations, early
warning programs, and administrative due process
requirements inherent to complaint procedures for
members of the public and law enforcement.
(4) VICTIM SERVICES.—Counseling services, in-
cluding psychological counseling, for individuals and
communities traumatized by law enforcement mis-
conduct.
(d) AMOUNTS.—
(1) Except as provided in paragraph (2), of the
amounts appropriated for the purposes of this
title—
(A) 4 percent shall be available for grants
to Indian tribal governments;
(B) 20 percent shall be available for grants
to community-based organizations;
(C) 10 percent shall be available for grants
to professional law enforcement associations;
and
(D) the remaining funds shall be available
for grants to applicants in each State in an
amount that bears the same ratio to the
amount of remaining funds as the population of
the State bears to the population of all of the
States.
(2) Of the amounts appropriated for the pur-
poses of this title, five percent shall be set aside for
use by the Attorney General for research, statistics,
and evaluation activities consistent with this title.
(e) TECHNICAL ASSISTANCE.—
(1) The Attorney General may provide technical
assistance to States, units of local government, In-
dian tribal governments, and to other public and pri-
vate entities, in furtherance of the purposes of this
section.
(2) The technical assistance provided by the At-
torney General may include the development of mod-
els for State, local, and Indian tribal governments,
and other public and private entities, to reduce law
enforcement misconduct. Any development of such
models shall be in consultation with community-
based organizations and professional law enforce-
ment associations.
(f) USE OF COMPONENTS.—The Attorney General
may use any component or components of the Department
of Justice in carrying out this title.
(g) MATCHING FUNDS.—
(1) IN GENERAL.—Except in the case of an In-
dian tribal government or nonprofit organization,
the portion of the costs of a program, project, or ac-
tivity provided by a grant under subsection (a) may
not exceed 75 percent.
(2) WAIVERS.—The Attorney General may
waive, wholly or in part, the requirement under
paragraph (1) of a non-Federal contribution to the
costs of a program, project, or activity.
(h) APPLICATIONS.—
(1) APPLICATION.—An application for a grant
under this title shall be submitted in such form, and
contain such information, as the Attorney General
may prescribe by guidelines.
(2) ASSURANCES.—An application for a grant
under this title shall contain assurances that the ap-
plicant shall maintain a common set of core data ele-
ments that conform to the Law Enforcement Man-
agement and Administrative Statistics (LEMAS)
program of the Bureau of Justice Statistics.
(3) APPROVAL.—A grant may not be made
under this title unless an application has been sub-
mitted to, and approved by, the Attorney General.
(i) PERFORMANCE EVALUATION.—
(1) MONITORING
COMPONENTS.—Each pro-
gram, project, or activity funded under this title
shall contain a monitoring component, which shall be
developed pursuant to guidelines established by the
Attorney General. Such monitoring component shall
include systematic identification and collection of
data about activities, accomplishments, and pro-
grams throughout the life of the program, project, or
activity and presentation of such data in a usable
form.
(2) EVALUATION COMPONENTS.—Selected grant
recipients shall be evaluated on the local level or as
part of a national evaluation, pursuant to guidelines
established by the Attorney General. Such evalua-
tions may include independent audits of police be-
havior and other assessments of individual program
implementations. In selected jurisdictions that are
able to support outcome evaluations, the effective-
ness of funded programs, projects, and activities
may be required.
(3) PERIODIC REVIEW AND REPORTS.—The At-
torney General may require a grant recipient to sub-
mit biannually to the Attorney General the results of
the monitoring and evaluations required under para-
graphs (1) and (2) and such other data and infor-
mation as the Attorney General deems reasonably
necessary.
(j) REVOCATION OR SUSPENSION OF FUNDING.—If
the Attorney General determines, as a result of monitoring
under subsection (i) or otherwise, that a grant recipient
under this title is not in substantial compliance with the
terms and requirements of the approved grant application
submitted under subsection (h), the Attorney General may
revoke or suspend funding of that grant, in whole or in
part.
(k) DEFINITIONS.—In this title:
(1) The terms ‘‘law enforcement accreditation
organization’’, ‘‘law enforcement agency’’, ‘‘commu-
nity-based organization’’, and ‘‘professional law en-
forcement association’’ have the meaning given such
terms in section 102 of this Act.
(2) The term ‘‘private entity’’ means a private
security organization engaged in the prevention, de-
tection, or investigation of violations of criminal laws
and/or organizational policy (such as airport security
or department store security).
(3) The term ‘‘civilian review board’’ means an
administrative entity that—
(A) is independent and adequately funded;
(B) has investigatory authority and staff
subpoena power;
(C) has representative diversity;
(D) has policymaking authority;
(E) provides advocates for civilian com-
plainants;
(F) has mandatory police power to conduct
hearings; and
(G) conducts statistical studies on pre-
vailing trends of unusual complaints.
(4) The term ‘‘Indian tribe’’ means a tribe,
band, pueblo, nation, or other organized group or
community of Indians, including an Alaska Native
village (as defined in or established under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et
seq.)), that is recognized as eligible for the special
programs and services provided by the United States
to Indians because of their status as Indians.
(5) The term ‘‘State’’ includes the District of
Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the Virgin Islands, and
any other territory or possession of the United
States.
(l) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to support enhancements to the Law Enforce-
ment 
Management 
and 
Administrative 
Statistics
(LEMAS) program of the Bureau of Justice Statistics for
the collection of information from grant recipients pursu-
ant to subsection (b), and to support the national evalua-
tion pursuant to subsection (i)(2).
TITLE III—ADMINISTRATIVE
DUE PROCESS PROCEDURES
SEC. 301. ATTORNEY GENERAL TO CONDUCT STUDY.
(a) STUDY.—
(1) IN GENERAL.—The Attorney General shall
conduct a nationwide study of the prevalence and ef-
fect of any law, rule, or procedure that allows a law
enforcement officer to delay for an unreasonable or
arbitrary period of time the answer to questions
posed by a local internal affairs officer, prosecutor,
or review board on the investigative integrity and
prosecution of law enforcement misconduct.
(2) INITIAL ANALYSIS.—The Attorney General
shall perform an initial analysis of New York City’s
48-Hour Rule to determine whether, at a threshold
level, the effect of this type of rule or procedure
raises material investigatory issues that could impair
or hinder a prompt and thorough investigation of
possible misconduct, including criminal conduct, that
would justify a wider inquiry.
(3) DATA
COLLECTION.—After completion of
the initial analysis under paragraph (2), and consid-
ering material investigatory issues, the Attorney
General shall gather additional data nationwide on
rules similar to New York City’s 48-Hour Rule from
a representative and statistically significant sample
of jurisdictions, to determine whether such rules and
procedures raise such material investigatory issues.
(b) REPORTING.—
(1) INITIAL ANALYSIS.—Not later than 1 year
after the date of the enactment of this title, the At-
torney General shall submit to Congress a report
containing the results of its initial analysis, make
such report available to the public, and identify the
jurisdictions for which the study is to be conducted.
(2) DATA COLLECTED.—Not later than 2 years
after the date of the enactment of this title, the At-
torney General shall submit to Congress a report
containing the results of the data collected under
this title and cause a copy of such report to be pub-
lished in the Federal Register.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this section.
TITLE IV—ENHANCED FUNDING
TO 
COMBAT 
POLICE 
MIS-
CONDUCT
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal
year 2001, in addition to any other sums authorized to
be appropriated for this purpose—
(1) $5,000,000 for additional expenses related
to the enforcement of section 210401 of the Violent
Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 14141), criminal enforcement (18 U.S.C.
242 and 245), and administrative enforcement by
the Department of Justice’s Office of Civil Rights;
(2) $3,300,000 for additional expenses related
to conflict resolution by the Department of Justice’s
Community Relations Service; and
(3) such sums as may be necessary to collect
data on the use of excessive force by law enforce-
ment in accordance with section 210402 of the Vio-
lent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 14141).
TITLE V—ENHANCED AUTHOR-
ITY IN PATTERN AND PRAC-
TICE INVESTIGATIONS
SEC. 501. UNLAWFUL CONDUCT.
Section 210401(a) of the Violent Crime and Law En-
forcement Act of 1994 (42 U.S.C. 14141(a)) is
amended—
(1) by inserting ‘‘criminal or’’ before ‘‘juvenile
justice’’; and
(2) by inserting ‘‘adults or’’ before ‘‘juveniles’’.
SEC. 502. PRIVATE CAUSE OF ACTION RELATING TO POLICE
PATTERN OR PRACTICE.
Section 210401 of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 14141) is
amended—
(1) in subsection (b) by striking ‘‘paragraph
(1)’’ and inserting ‘‘subsection (a)’’; and
(2) by adding at the end the following:
‘‘(c) CIVIL ACTION BY AGGRIEVED PERSON.—A per-
son who is aggrieved by a violation of subsection (a) may,
in a civil action, obtain declaratory and injunctive relief
with respect to the violation. The court in an action under
this subsection may award the prevailing party (other than
the United States) a reasonable attorney’s fee, including
litigation expenses and expert witness fees, as part of the
costs. Fees may be awarded to a prevailing defendant only
when a plaintiff’s civil action is shown to be frivolous, un-
reasonable, or without foundation. The Attorney General
may intervene as a party in a civil action brought under
this subsection.’’.
TITLE VI—DEPRIVATION OF
RIGHTS UNDER COLOR OF LAW
SEC. 601. DEPRIVATION OF RIGHTS UNDER COLOR OF LAW.
Section 242 of title 18, United States Code, is
amended—
(1) by inserting ‘‘(a)’’ before ‘‘Whoever’’; and
(2) by adding at the end the following:
‘‘(b)(1) Whoever, under color of any law, statute, or-
dinance, regulation, custom, or Indian tribal law, in any
State, territory, commonwealth, possession, district, or In-
dian country, intentionally—
‘‘(A) subjects, or attempts to subject, any per-
son to force exceeding that which is reasonably nec-
essary to carry out a legitimate law enforcement
duty; or
‘‘(B) engages in or causes any unwanted sexual
act, or unwanted sexual contact, with or by any
other person, or attempts to do so,
‘‘shall be punished as prescribed under paragraph (2).