I
106TH CONGRESS
1ST SESSION
H. R. 2656
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
withhold funds in certain cases, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 30, 1999
Mr. CONYERS (for himself, Mr. CUMMINGS, Ms. JACKSON-LEE of Texas, Mr.
MEEKS of New York, Mr. SCOTT, and Ms. WATERS) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary
A BILL
To amend the Omnibus Crime Control and Safe Streets
Act of 1968 to withhold funds in certain cases, 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 1999’’.
TITLE I—LAW ENFORCEMENT
ACCREDITATION
SEC. 101. ACCREDITATION OF LAW ENFORCEMENT AGEN-
CIES.
(a) STANDARDS.—
(1) IN GENERAL.—The Attorney General shall
recommend additional areas for the development of
national standards for the accreditation of law en-
forcement agencies in conjunction with professional
law enforcement organizations, principally the Com-
mission on Accreditation of Law Enforcement Agen-
cies (referred to in this title as ‘‘CALEA’’).
(2) INITIAL ANALYSIS.—The Attorney General
shall perform an initial analysis of the existing
standards and accreditation methodology developed
by the CALEA.
(3) PROMULGATION
OF
STANDARDS.—After
completion of the initial review and analysis under
paragraph (2), the Attorney General shall rec-
ommend that CALEA, in consultation with labor
and community-based organizations, adopt addi-
tional standards, including early warning programs,
civil review procedures, traffic stop documentation
and procedures, and administrative due process re-
quirements.
(4) ACCREDITATION.—The Attorney General
shall adopt policies and procedures to partner with
CALEA, other professional law enforcement organi-
zations, and community-based organizations to con-
tinue the development of further accreditation stand-
ards and to encourage the pursuit of accreditation
by Federal, State, and local law enforcement agen-
cies.
(b) ACCREDITATION GRANTS.—The Attorney Gen-
eral may make funds available to Federal, State, and local
law enforcement agencies under this paragraph to assist
in gaining or maintaining accreditation from the Commis-
sion on Accreditation for Law Enforcement Agencies.
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 private enti-
ties, and multijurisdictional or regional consortia thereof
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) of this section may be used for the study of
law enforcement agency management and operations
standards, including administrative due process, residency
requirements, compensation and benefits, use of force, ra-
cial profiling, early warning programs, and civilian review
procedures, and for research into the effectiveness of exist-
ing programs, projects, or other activities designed to ad-
dress misconduct by law enforcement officers.
(c) PROJECT GRANTS TO DEVELOP PILOT PRO-
GRAMS.—Grants made under subsection (a) may 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 may include the following:
(1) 
TRAINING.—Law 
enforcement 
policies,
practices, and procedures addressing, training and
instruction in the use of lethal and nonlethal force;
tactical and defensive strategy; arrests searches and
handcuffing; verbal communications; and community
relations.
(2) RECRUITMENT AND HIRING.—Policies and
practices for the hiring and recruitment of law en-
forcement officers; development of educational and
psychological standards; initiatives to encourage resi-
dency and continuing education.
(3) OVERSIGHT.—Complaint procedures, in-
cluding civilian review procedures for jurisdictions
across a range of sizes and agency configurations;
early warning programs; and administrative due
process requirements inherent to complaint proce-
dures for members of the public and law enforce-
ment.
(d) AMOUNTS.—Of the amounts appropriated for the
purposes of this title—
(1) 4 percent shall be available for grants to In-
dian tribal governments; and
(2) 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.
(e) TECHNICAL ASSISTANCE.—
(1) IN GENERAL.—The Attorney General may
provide technical assistance to States, units of local
government, Indian tribal governments, and to other
public and private entities, in furtherance of the pur-
poses of this section.
(2) MODEL.—The technical assistance provided
by the Attorney General may include the develop-
ment of a flexible model that will define for State
and local governments, and other public and private
entities, definitions and strategies associated the re-
duction of law enforcement misconduct.
(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 tribe, the portion of the costs of a program,
project, or activity provided by a grant under sub-
section (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) 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, developed
pursuant to guidelines established by the Attorney
General. The monitoring required by this subsection
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 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 to the Attorney General the results of the moni-
toring and evaluations required under paragraphs
(1) and (2) and such other data and information as
the Attorney General deems reasonably necessary.
(j) REVOCATION OR SUSPENSION OF FUNDING.—If
the Attorney General determines, as a result of the reviews
required by subsection (i), or otherwise, that a grant re-
cipient under this title is not in substantial compliance
with the terms and requirements of an approved grant ap-
plication 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 term ‘‘career law enforcement officer’’
means a person who is authorized by law or by a
State or local public agency to engage in or super-
vise the prevention, detection, or investigation of vio-
lations of criminal laws; and
(2) 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.
(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), NAACP Legal Defense and Education
Fund, National Council of la Raza, and Urban
League).
(4) The term ‘‘civilian review procedures’’
means administrative entities that exhibit such char-
acteristics as independence, investigatory authority,
subpoena power, adequate funding, representative
diversity, and policy making authority.
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
impact 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 impact 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 then gather additional data nationwide
on rules similar to the 48-hour rule, from a rep-
resentative and statistically significant sample of ju-
risdictions, to determine whether such rules and pro-
cedures raise such material investigatory issues.
(b) REPORTING.—Not later than 120 days after the
date of the enactment of this Act, the Attorney General
shall report the results of its initial analysis to Congress,
and make such report available to the public, and identify
the jurisdictions for which the study is to be conducted.
Not later than 2 years after the date of the enactment
of this Act, the Attorney General shall report the results
of the data collected under this Act to Congress, a copy
of which shall also be published in the Federal Register.
TITLE IV—ENHANCED FUNDING
TO 
COMBAT 
POLICE 
MIS-
CONDUCT
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal
year 2000, in addition to any other sums authorized to
be appropriated for this purpose, $1,600,000 for addi-
tional expenses related to the enforcement of section
210401 of the Violent Crime Control and Law Enforce-
ment Act of 1994 (42 U.S.C. 14141), criminal enforce-
ment, and administrative enforcement by the Department
of Justice and such sums as necessary to fully fund pro-
grams managed by the Community Relations Service.
TITLE V—ENHANCED AUTHOR-
ITY IN PATTERN AND PRAC-
TICE INVESTIGATIONS
SEC. 501. 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 by adding at the end the following:
‘‘(c) CIVIL ACTION BY AGGRIEVED PERSON.—A per-
son who is aggrieved by a violation of this section 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, as part of the costs; fees may be
awarded to a prevailing defendant only when a plantiff’s
civil action is shown to be frivolous, unreasonable, or with-
out foundation. The Attorney may intervene as a party
in a civil action brought under this subsection.’’.
SEC. 502. 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’’.
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’’;
(2) by adding at the end the following:
‘‘(b)(1) It is a deprivation of a right, privilege, or im-
munity secured or protected by the Constitution or laws
of the United States—
‘‘(A) to subject, or attempt to subject, any per-
son to force exceeding that which is reasonably nec-
essary to carry out a legitimate law enforcement
duty; or
‘‘(B) to engage in or cause any unwanted sex-
ual act, or unwanted sexual contact, with or by any
other person, or to attempt to do so.
‘‘(2) As used in this subsection—
‘‘(A) the term ‘sexual act’ has the meaning
given that term in section 2246(2)(A)–(C);
‘‘(B) the term ‘sexual contact’ has the meaning
given that term in section 2246(3); and
‘‘(C) the term ‘bodily injury’ has the meaning
given that term in section 1515(a)(5).
‘‘(3) No prosecution of a case described in this sub-
section shall be undertaken, except upon notification 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.’’.
TITLE VII—STUDY OF DEATHS IN
CUSTODY
SEC. 701. STUDY.
Section 210410(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), by striking the period and
inserting ‘‘; or’’; and
(3) by adding at the end the following new
paragraph:
‘‘(4) the 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, ethnicity, 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.’’.
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