I
103D CONGRESS
1ST SESSION
H. R. 1148
To provide financial assistance to law enforcement officers for continuing
education classes and to develop minimum standards for effective and
responsible policing.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 25, 1993
Mr. MORAN introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To provide financial assistance to law enforcement officers
for continuing education classes and to develop minimum
standards for effective and responsible policing.
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 Re-
sponsibility and Improvement Act of 1993’’.
TITLE 
I—CONTINUING 
EDU-
CATION FOR LAW ENFORCE-
MENT OFFICERS.
SEC. 101. STATEMENT OF PURPOSE.
It is the purpose of this title to assist States to estab-
lish scholarship programs which—
(1) assist State and local law enforcement ef-
forts to enhance the educational status of law en-
forcement personnel; and
(2) provide educational assistance to law en-
forcement personnel seeking continuing education;
SEC. 102. ALLOTMENT.
From amounts appropriated under the authority of
section 110, the Assistant Attorney General shall allo-
cate—
(1) 80 percent of such funds to States on the
basis of the number of law enforcement officers in
each State; and
(2) 20 percent of such funds to States on the
basis of a State’s shortage of law enforcement per-
sonnel and the need for assistance under this title.
SEC. 103. PROGRAM ESTABLISHED.
(a) IN GENERAL.—From amounts available under
this title, each State shall pay the Federal share of the
cost of awarding scholarships to law enforcement person-
nel to enable such personnel during nonworking hours to
enroll in courses, not to exceed a total of 18 credit hours,
at an institution of higher education.
(b) FEDERAL SHARE.—(1) The Federal share of the
cost of scholarships under this title shall not exceed 60
percent.
(2) The non-Federal share of the cost of scholarships
under this title shall be supplied from sources other than
the Federal Government.
(c) LEAD AGENCY.—Each State receiving an allot-
ment under section 102 to conduct a scholarship program
in a State in accordance with the provisions of this title
shall designate an appropriate State agency to serve as
the lead agency in carrying out the provisions of this title.
(d) RESPONSIBILITIES
OF ASSISTANT ATTORNEY
GENERAL.—The Assistant Attorney General shall be re-
sponsible for the administration of the program conducted
pursuant to this title and shall, in consultation with the
Assistant Secretary for Postsecondary Education, promul-
gate regulations to implement this title.
(e) ADMINISTRATIVE EXPENSES.—Each State receiv-
ing an allotment under section 102 may reserve not more
than 8 percent of such allotment for administrative
expenses.
(f) SUPPLEMENTATION
OF FUNDING.—Funds re-
ceived under this title shall be used to supplement, and
not to supplant, Federal, State, or local efforts to provide
for continuing education of law enforcement personnel.
SEC. 104. SCHOLARSHIPS.
(a) RESTRICTIONS.—Notwithstanding a change in
law enforcement positions or departments or an institution
of higher education, a law enforcement officer is eligible
to receive scholarship funds for a total of 18 credit hours.
(b) USE OF SCHOLARSHIPS.—A law enforcement offi-
cer awarded a scholarship under this title may use such
scholarship for educational expenses at an accredited insti-
tution of higher education.
(c) ELIGIBILITY.—A law enforcement officer shall be
eligible to receive a scholarship under this title if such in-
dividual has been employed in law enforcement for the 1-
year period immediately preceding the date on which as-
sistance is sought.
SEC. 105. STATE APPLICATION.
(a) IN GENERAL.—Each State desiring an allotment
under section 102 shall submit an application to the As-
sistant Attorney General at such time, in such manner,
and accompanied by such information as the Assistant At-
torney General may reasonably require. Each such appli-
cation shall—
(1) contain assurances that the lead agency
shall work in cooperation with the local law enforce-
ment liaisons, representatives of police labor organi-
zations and police management organizations, and
other appropriate State and local agencies to develop
and implement interagency agreements designed to
carry out the provisions of this title;
(2) contain assurances that the State shall ad-
vertise the scholarship assistance provided under this
title;
(3) contain assurances that the State shall
screen and select law enforcement personnel for par-
ticipation in the scholarship program under this
title;
(4) contain assurances that the State shall
make scholarship payments to institutions of higher
education on behalf of individuals receiving financial
assistance under this title; and
(5) identify model curriculum and existing pro-
grams designed to meet the educational and profes-
sional needs of law enforcement personnel.
SEC. 106. LOCAL APPLICATION.
Each individual desiring to receive a scholarship
under this title shall submit an application to the State
at such time, in such manner, and accompanied by such
information as the State may reasonably require. Each
such application shall describe the academic courses for
which financial assistance is sought.
SEC. 107. SCHOLARSHIP AGREEMENT.
(a) IN GENERAL.—Each individual receiving a schol-
arship under this title shall enter into an agreement with
the Assistant Attorney General.
(b) CONTENTS.—Each agreement described in sub-
section (a) shall provide assurances that such individual
shall make every effort to meet all course requirements.
SEC. 108. REPORTS TO CONGRESS.
Not later than April 1 of each fiscal year, the Assist-
ant Attorney General shall submit a report to the Attorney
General, the President, the Speaker of the House of Rep-
resentatives, and the President of the Senate. Such report
shall—
(1) state the number of present and past schol-
arship recipients under this title;
(2) describe the geographic, racial, and gender
dispersion of scholarship recipients; and
(3) describe the progress of the program and
make recommendations for changes in the program.
SEC. 109. DEFINITIONS.
As used in this title—
(1) the term ‘‘Assistant Attorney General’’
means the Assistant Attorney General of the Office
of Justice Programs;
(2) the term ‘‘educational expenses’’ means ex-
penses that are directly attributable to a course of-
fered at an institution of higher education, including
the cost of tuition, fees, books, supplies and related
expenses;
(3) the term ‘‘institution of higher education’’
has the same meaning given such term in section
1401(a) of the Higher Education Act of 1965;
(4) the term ‘‘law enforcement position’’ means
employment as an officer in a State or local police
force, or correctional institution; and
(5) the term ‘‘State’’ means a State of the
United States, the District of Columbia, the Com-
monwealth of Puerto Rico, the Virgin Islands, Amer-
ican Samoa, Guam, and the Commonwealth of the
Northern Mariana Islands.
SEC. 110. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $3,000,000
for each of the fiscal years 1994, 1995, 1996, 1997,
and 1998 to carry out the provisions of this title.
TITLE II—LAW ENFORCEMENT
RESPONSIBILITY PROVISIONS
Subtitle A—Police Accreditation
SEC. 201. APPLICATION FOR ACCREDITATION.
(a) IN GENERAL.—Subject to subsections (b) and (c),
law enforcement agencies of a State, unit of local govern-
ment, or non-Federal public agency may apply for law
enforcement agency accreditation.
(b) FILING OF ACCREDITATION APPLICATION.—Ap-
plications for accreditation as provided under section (a),
may be filed with the Commission on Accreditation of Law
Enforcement Agencies.
(c) FORWARDING
TO JUSTICE DEPARTMENT.—A
copy of the application filed under subsection (b) shall
then be forwarded to the Accreditation Coordinator at the
Department of Justice as provided for in section 202(b).
(d) GOOD FAITH.—Law enforcement agencies shall
file the application for accreditation in good faith, and
shall use all good faith efforts to assist in processing the
application for accreditation.
SEC. 202. FEDERAL ASSISTANCE FOR AGENCIES SEEKING
ACCREDITATION.
(a) IN GENERAL.—The Attorney General shall be
given the discretion under section 524(c)(1) of title 28,
United States Code, to provide financial and technical as-
sistance, as provided in subsections (b), (c), and (d) for
law enforcement agencies applying for accreditation as
provided in section 201.
(b) ACCREDITATION COORDINATOR.—The Attorney
General shall appoint an Accreditation Coordinator to as-
sist law enforcement agencies seeking Federal assistance
in processing accreditation as provided in section 201.
(c) ADDITIONAL ACCREDITATION STAFFING.—The
Accreditation Coordinator shall provide necessary person-
nel to assist law enforcement agencies in processing appli-
cations for accreditation and complete the accreditation
process as provided by section 201.
(d) REIMBURSEMENT OF ADMINISTRATIVE COSTS.—
Upon request, the Accreditation Coordinator may reim-
burse a law enforcement agency for any administrative
costs incurred by such law enforcement agency in process-
ing the application for accreditation if—
(1) such law enforcement agency has requested
assistance from the Accreditation Coordinator;
(2) the Accreditation Coordinator did not fur-
nish such assistance but did certify the agency as
likely to benefit in terms of improved law enforce-
ment from the process and as eligible for expense
reimbursement; and
(3) such law enforcement agency has success-
fully completed the accreditation process as provided
in section 201.
(e) FINANCING.—The total monies provided under
subsection (a) shall not be greater than $1,000,000 or 1
percent of those monies available to the Attorney General
under section 524(c)(1) of title 28, United States Code.
Subtitle B—Civilian Protection in
Cases of Police Misconduct
SEC. 211. CIVILIAN PROTECTION IN CASES OF POLICE MIS-
CONDUCT.
State, local, and public law enforcement agencies
shall have procedures as established in subsection (b), al-
lowing citizen submission of sworn complaints regarding
the action, or inaction, of the law enforcement agency, law
enforcement officers in the agency, or employees of the
agency.
SEC. 212. MINIMUM STANDARDS.
Subject to section 213, individual law enforcement
agencies shall provide, at a minimum, that—
(1) the general public has access to required
forms and information concerning the submission,
and disposition of sworn complaints;
(2) the law enforcement agency assist individ-
uals in filing complaints;
(3) adequate records to allow regular monitor-
ing of the nature and disposition of such cases are
to be maintained by the agency;
(4) the law enforcement agency has established
written procedures for hearings; and
(5) the complainant receives a written report on
the final disposition of the complaint.
SEC. 213. SEALED RECORDS.
Any or all records required under section 212 may
be sealed to prevent public disclosure if—
(1) good cause has been shown by order of a
court of competent jurisdiction, and
(2) such order is public record and states rea-
sons for sealing.
Subtitle C—Law Enforcement
Officer’s Responsibility
SEC. 221. RESPONSIBILITIES OF LAW ENFORCEMENT OFFI-
CERS UNDER INVESTIGATION.
Whenever a law enforcement officer is under formal
investigation for alleged malfeasance, misfeasance, or non-
feasance of official duty, with a view to possible discipli-
nary action, demotion, dismissal, suspension, or criminal
charges, except as provided in section 226, the following
minimum standards shall apply:
(1) The law enforcement officer shall be in-
formed in writing of all charges made against the of-
ficer, the nature and purpose of the investigation
and the name, rank, and command of the person or
persons conducting such investigation and shall be
given the opportunity to review any evidence or testi-
mony relevant to the charges, in the possession of
the law enforcement agency.
(2) Except when the officer is requested to ful-
fill normal administrative duties or to provide the
law enforcement agency with necessary reports on
performance of duty, no adverse inference shall be
drawn and no punitive action taken from a refusal
of the law enforcement officer being investigated to
participate in such investigation.
(3) The law enforcement officer being inves-
tigated shall be informed, in writing, of the date,
time, and location of such questioning, of all persons
who will be present during such questioning, and of
the rights established by this title.
(4) Except in emergency or adverse situations,
no questioning of any law enforcement officer shall
be conducted except during the officer’s regularly
scheduled working hours, unless the law enforcement
officer otherwise agrees and except when such ques-
tioning is part of a normal supervisory operating of
the law enforcement agency.
(5) Any questioning shall be for a reasonable
period of time, in a reasonable place, and shall allow
for reasonable periods for the rest and personal
necessities of such officer.
(6) The law enforcement officer shall be entitled
to the presence of a person of the officer’s choice at
any interrogation in connection with the formal
investigation.
SEC. 222. NOTICE OF DISCIPLINARY ACTION.
Whenever a personnel action is taken against a law
enforcement officer which could result in any loss of pay,
benefits or seniority, or in suspension or termination, pur-
suant to an investigation of alleged malfeasance, misfea-
sance, or nonfeasance of official duty, such law enforce-
ment officer shall be notified and informed of the reasons
for such action at least five working days before such
action takes effect.
SEC. 223. ENTITLEMENT TO A HEARING.
(a) IN GENERAL.—If the investigation of a law en-
forcement officer results in the recommendations of dis-
ciplinary action, such as demotion, dismissal, or similar
action, then, except as provided in section 226, the law
enforcement officer shall be entitled to a hearing before
an impartial decisionmaker.
(b) DECISIONS IN WRITING.—The decisions of the
decisionmaker, and reason therefor, shall be in writing,
shall be transmitted promptly to the law enforcement offi-
cer and to the chief executive officer of the law enforce-
ment agency.
(c) FINAL
AND BINDING.—The decisions of the
decisionmaker shall be final and binding.
SEC. 
224. 
REPRESENTATION 
ON 
COMPLAINT 
REVIEW
BOARDS.
Whenever a police complaint review board has been
established which includes in its membership persons
other than law enforcement officers of the agencies under
the jurisdiction of such board, such board shall include
a fair representation of such officers including at least one
officer of equal rank to the officer charged.
SEC. 225. PROTECTION FROM RETALIATION FOR EXERCIS-
ING RIGHTS.
There shall be no penalty nor threat of penalty to
any law enforcement officer for the exercise of the rights
established in this title.
SEC. 226. EXCLUSIONARY PROVISIONS.
The provisions of this subtitle do not apply to ques-
tioning carried out as part of a law enforcement agency’s
routine supervision of a law enforcement officer, summary
discipline, administrative action, or emergency suspension.
Subtitle D—General Provisions
SEC. 231. PRIVATE ENFORCEMENT.
Any citizen or law enforcement officer shall have the
right to recover pecuniary and other damages including,
but not limited to, full reinstatement of a law enforcement
officer, from any person or agencies, including law en-
forcement agencies, which violate the rights established by
this title.
SEC. 232. OTHER REMEDIES NOT DISPARAGED.
Nothing in this title shall disparage or impair any
other legal remedy with respect to rights established by
this title or any other State or Federal law.
SEC. 233. EXCLUSION FOR STATES THAT MEET OR EXCEED
PROVISIONS.
Nothing in this title shall be construed to preempt
any State law which meets or exceeds the minimum
requirements set forth by this title.
SEC. 234. DEFINITIONS.
As used in this title—
(1) the term ‘‘complaint review board’’ means
any public body which has specific lawful authority
to investigate civilian complaints of improper con-
duct by law enforcement officers and take public ac-
tion, including the issuance of findings and reports,
but shall not include any law enforcement agency, a
grand jury, or other judicially-appointed body;
(2) the term ‘‘law enforcement agency’’ means
any non-Federal public agency, except Federal law
enforcement agencies, charged with the duty to in-
vestigate crimes, apprehend persons charged with
such crimes, and hold in custody persons charged
with such crimes;
(3) the term ‘‘law enforcement officer’’ means
any sworn officer of a public agency, if the official
legal function of such agency is the investigation of
reports of criminal activity or crimes, or the appre-
hension or holding in custody of persons charged or
convicted of crimes, and includes all police, sheriffs’
deputies, bailiffs, and corrections guards as defined
by the applicable State law;
(4) the terms ‘‘summary discipline’’ and ‘‘ad-
ministrative action’’ mean discipline imposed for
minor violations of department rules and regula-
tions, which does not result in dismissal, demotion,
transfer, loss of pay, or similar action; and
(5) the term ‘‘emergency suspension’’ means
situations in which the head of the law enforcement
agency determines such temporary action is nec-
essary to protect the interest of the public and the
law enforcement agency and do not continue longer
than the public necessity.
Æ
HR 1148 IH——2