Enhancing Oversight to End Discrimination in Policing Act
Bill: S.1989 | Sponsor: Sen. Warren, Elizabeth (D-MA)
Policy area: Crime and Law Enforcement

Summary:
Enhancing Oversight to End Discrimination in Policing Act
This bill expands the capacity to enforce a law that prohibits patterns or practices of misconduct by state and local law enforcement agencies.
Current law prohibits state and local law enforcement agencies from engaging in patterns or practices of conduct that violate constitutional or federal rights. Further, current law authorizes the Department of Justice (DOJ) to file civil cases to eliminate the pattern or practice of misconduct. Typically, DOJ's Civil Rights Division conducts pattern-or-practice investigations and resolves any misconduct through a consent decree instead of a trial.
This bill provides statutory authority for state attorneys general to bring pattern-or-practice cases in federal court. The bill also authorizes grants to help states pursue pattern-or-practice investigations and cases.
Additionally, the bill authorizes additional amounts for DOJ's Civil Rights Division and requires a certain portion to be used for enforcement and technical assistance related to pattern-or-practice cases.
Finally, the bill requires DOJ's Civil Rights Division to modify the procedures for consent decrees and settlement agreements to ensure that the consent decrees and settlement agreements (1) foster the creation and use of alternative remedies such as mental health support or community-based restorative justice mechanisms; and (2) incorporate community oversight requirements, such as a community oversight body.

To reform pattern or practice investigations conducted by the 
             Department of Justice, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhancing Oversight to End 
Discrimination in Policing Act''.

SEC. 2. CONSENT DECREE PROCEDURES.

    (a) In General.--The Attorney General, acting through the Assistant 
Attorney General of the Civil Rights Division of the Department of 
Justice, shall--
            (1) modify the procedures for civil consent decrees and 
        consent agreements in civil litigation with State and local 
        governmental entities arising from pattern or practice 
        investigations under section 210401 of the Violent Crime 
        Control and Law Enforcement Act of 1994 (34 U.S.C. 12601) to 
        ensure that--
                    (A) the use of consent decrees and consent 
                agreements foster the creation and use of remedies that 
                are not limited to law enforcement reforms, such as 
                mental health support or community-based restorative 
                justice mechanisms; and
                    (B) community oversight requirements, such as a 
                community oversight body described in subsection (b), 
                are incorporated, when possible, into the terms of 
                consent decrees and consent agreements; and
            (2) in carrying out paragraph (1)(A), request guidance from 
        the heads of other relevant agencies, such as the Secretary of 
        Housing and Urban Development and the Secretary of Health and 
        Human Services, on the efficacy of the alternative remedies 
        described in paragraph (1)(A).
    (b) Community Oversight Body Described.--A community oversight body 
described in this subsection is an oversight entity that--
            (1) is comprised of individuals who--
                    (A) represent the communities and organizations 
                within the State or unit of local government to which 
                the consent decree or consent agreement applies; and
                    (B) do not work, or have not previously worked, in 
                a law enforcement capacity; and
            (2) has a role of--
                    (A) ensuring compliance with the provisions of the 
                consent decree or consent agreement; and
                    (B) fostering transparency in the administration 
                and personnel of the law enforcement agency; and
            (3) has the authority to--
                    (A) ask questions of the law enforcement agency;
                    (B) obtain documents, data, and information from 
                the law enforcement agency; and
                    (C) make recommendations--
                            (i) for modifications to the provisions of 
                        the consent decree or consent agreement, as 
                        necessary; and
                            (ii) to the law enforcement agency or 
                        governmental officials overseeing the agency 
                        about changes in policing services.

SEC. 3. FUNDING FOR PATTERN OR PRACTICE INVESTIGATIONS.

    (a) Additional Funding.--There are authorized to be appropriated, 
in addition to any other amounts authorized, $445,000,000 to the Civil 
Rights Division of the Department of Justice for each of fiscal years 
2021 through 2030, of which not less than $100,000,000 shall be made 
available each fiscal year for enforcement and technical assistance 
under section 210401 of the Violent Crime Control and Law Enforcement 
Act of 1994 (34 U.S.C. 12601).
    (b) Unlawful Conduct.--Section 210401(a) of the Violent Crime 
Control and Law Enforcement Act of 1994 (34 U.S.C. 12601(a)) is amended 
by inserting ``including a prosecutor, court, or other agency involved 
in the administration of justice,'' before ``to engage''.
    (c) Authority for State Investigations.--Section 210401(b) of the 
Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 
12601(b)) is amended--
            (1) by inserting ``(1) Federal enforcement.--'' before 
        ``Whenever'';
            (2) in paragraph (1), as so designated, by striking 
        ``paragraph (1)'' and inserting ``subsection (a)''; and
            (3) by adding at the end the following:
            ``(2) State enforcement.--
                    ``(A) In general.--Whenever an attorney general of 
                a State has reasonable cause to believe that a 
                violation of subsection (a) has occurred by a 
                governmental authority, or agent thereof, of the State, 
                including a prosecutor or other agency involved in the 
                administration of justice, the attorney general, or 
                another official or agency designated by a State, may 
                in a civil action brought in any appropriate district 
                court of the United States obtain appropriate equitable 
                and declaratory relief to eliminate the pattern or 
                practice.
                    ``(B) Prevention of conflicts of interest.--
                            ``(i) In general.--No official or agency 
                        may be designated under subparagraph (A) if--
                                    ``(I) upon such designation, the 
                                Attorney General determines there is 
                                reason to believe--
                                            ``(aa) the official or 
                                        agency would be unable to 
                                        conduct an independent 
                                        investigation; or
                                            ``(bb) a conflict of 
                                        interest between the official 
                                        or agency and the jurisdiction 
                                        under investigation exists; or
                                    ``(II) the official is employed by 
                                or the agency is within, as the case 
                                may be, the jurisdiction under 
                                investigation.
                            ``(ii) Independent organization required.--
                        In the case of a jurisdiction under 
                        investigation that is a State-wide office, an 
                        independent organization that is unaffiliated 
                        with State or local government shall be 
                        designated under subparagraph (A).
                    ``(C) Technical assistance.--The Attorney General 
                shall provide technical assistance and training to 
                States and units of local government to assist States 
                and units of local governments in carrying out pattern 
                or practice investigations and cases.
                    ``(D) Rule of construction.--Nothing in this 
                paragraph shall be construed to preclude a Federal 
                investigation or other enforcement under this section 
                during the course of a State-led investigation or 
                claim.''.
    (d) Grant Program.--
            (1) State defined.--In this subsection, the term ``State'' 
        means each of the several States, the District of Columbia, and 
        each commonwealth, territory, or possession of the United 
        States.
            (2) Authorization.--The Attorney General may award grants 
        to States to assist such States in pursuing pattern or practice 
        investigations and cases under section 210401 of the Violent 
        Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 
        12601).
            (3) Use of funds.--A grant awarded under this subsection 
        may be used by a State to--
                    (A) conduct pattern or practice investigations and 
                cases under section 210401 of the Violent Crime Control 
                and Law Enforcement Act of 1994 (34 U.S.C. 12601);
                    (B) implement and enforce law enforcement reforms 
                to address patterns and practices identified under such 
                section 210401; and
                    (C) develop non-law enforcement programs that 
                reduce dependence on law enforcement agencies, such as 
                funding social workers or behavioral health crisis 
                experts.
            (4) Application.--To be eligible to receive a grant under 
        this subsection, a State shall submit an application to the 
        Attorney General that--
                    (A) contains clearly defined and measurable 
                objectives for the grant funds;
                    (B) describes how the State intends to use the 
                grant funds to pursue, implement, and enforce pattern 
                or practice investigations and cases under section 
                210401 of the Violent Crime Control and Law Enforcement 
                Act of 1994 (34 U.S.C. 12601);
                    (C) outlines the qualifications and training of the 
                attorneys, staff, and other personnel who are, or who 
                may be, assigned to lead or assist pattern or practice 
                investigations and cases; and
                    (D) demonstrates how the State will remedy patterns 
                or practices of unlawful law enforcement conduct 
                through the creation of community-based programs 
                designed to address underlying challenges leading to 
                law enforcement interaction.
            (5) Required reporting.--
                    (A) Grantee reporting.--In each fiscal year a State 
                receives a grant under this subsection, the State shall 
                submit to the Attorney General a report detailing--
                            (i) how the grant funds were used; and
                            (ii) the progress made towards addressing 
                        patterns and practices identified under section 
                        210401 of the Violent Crime Control and Law 
                        Enforcement Act of 1994 (34 U.S.C. 12601).
                    (B) Reports to congress.--Not later than 1 year 
                after the date of enactment of this Act, and once each 
                year thereafter, the Attorney General shall submit to 
                the Committee on the Judiciary of the Senate and the 
                Committee on the Judiciary of the House of 
                Representatives a report on the grant program 
                established under this subsection, which shall 
                include--
                            (i) a detailed summary of how grant funds 
                        awarded under the grant program were used; and
                            (ii) recommendations, if any, for 
                        improvements needed for the grant program.
            (6) Authorization of appropriations.--There are authorized 
        to be appropriated to the Attorney General $150,000,000 for 
        each of fiscal years 2021 through 2030 to carry out this 
        subsection.
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