Special Inspector General for Law Enforcement Act
Bill: H.R.6762 | Sponsor: Rep. Connolly, Gerald E. (D-VA)
Policy area: Crime and Law Enforcement

Summary:
Special Inspector General for Law Enforcement Act
This bill establishes the Office of the Special Inspector General for Law Enforcement. The bill sets forth the duties of the office, including investigating
The bill requires a state or local government that receives funding under the Edward Byrne Memorial Justice Assistance Grant program or the Community Oriented Policing Services grant program to have in effect a law establishing a process by which use-of-deadly-force cases can be referred to the office for investigation.

To establish the Special Inspector General for Law Enforcement, 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 ``Special Inspector General for Law 
Enforcement Act''.

SEC. 2. SPECIAL INSPECTOR GENERAL FOR LAW ENFORCEMENT.

    (a) Office of Inspector General.--There is hereby established the 
Office of the Special Inspector General for Law Enforcement.
    (b) Appointment and Removal.--
            (1) In general.--The head of the Office of the Special 
        Inspector General for Law Enforcement is the Special Inspector 
        General for Law Enforcement, who shall be appointed by the 
        President, by and with the advice and consent of the Senate.
            (2) Appointment.--The appointment of the Special Inspector 
        General shall be made on the basis of integrity and 
        demonstrated ability in accounting, auditing, financial 
        analysis, law, management analysis, public administration, or 
        investigations.
            (3) Nomination.--The nomination of an individual as Special 
        Inspector General shall be made within 60 days after the date 
        of the enactment of this section.
            (4) Removal.--
                    (A) In general.--The President may remove the 
                Special Inspector General only for any of the following 
                grounds for removal:
                            (i) Documented permanent incapacity.
                            (ii) Documented neglect of duty.
                            (iii) Documented malfeasance.
                            (iv) Documented conviction of a felony or 
                        conduct involving moral turpitude.
                            (v) Documented knowing violation of a law 
                        or regulation.
                            (vi) Documented gross mismanagement.
                            (vii) Documented gross waste of funds.
                            (viii) Documented abuse of authority.
                            (ix) Documented inefficiency.
                    (B) Committee notification of removal.--Not later 
                than 30 days before the date on which the President 
                removes a Special Inspector General under subparagraph 
                (A), the President shall notify the appropriate 
                committees of any grounds for removal listed in such 
                subparagraph.
            (5) Applicability of certain provision.--For purposes of 
        section 7324 of title 5, United States Code, the Special 
        Inspector General shall not be considered an employee who 
        determines policies to be pursued by the United States in the 
        nationwide administration of Federal law.
            (6) Pay rate.--The annual rate of basic pay of the Special 
        Inspector General shall be the annual rate of basic pay for an 
        Inspector General under section 3(e) of the Inspector General 
        Act of 1978 (5 U.S.C. App.).
    (c) Duties.--The Special Inspector General shall have the following 
duties:
            (1) Conduct, supervise, and coordinate audits and 
        investigations of reported racial profiling, officer 
        misconduct, use of force, use of deadly force, or pattern or 
        practice of unconstitutional misconduct involving Federal law 
        enforcement agencies or Federal law enforcement officers.
            (2) Conduct, supervise, and coordinate audits and 
        investigations of the use of deadly force cases referred to the 
        Special Inspector General by State and local law enforcement 
        agencies.
            (3) Establish, maintain, and oversee such systems, 
        procedures, and controls as the Special Inspector General 
        considers appropriate to discharge the duties described under 
        paragraphs (1) and (2).
            (4) The duties and responsibilities of inspectors general 
        under the Inspector General Act of 1978 (5 U.S.C. App.) as it 
        relates to the duties described in paragraph (1) and (2).
            (5) Conduct, supervise, and coordinate an audit or 
        investigation of any action taken under this section as the 
        Special Inspector General determines appropriate under 
        paragraphs (1) and (2).
    (d) Powers and Authorities.--
            (1) In general.--In carrying out the duties specified in 
        subsection (c), the Special Inspector General shall have the 
        authorities provided in section 6 of the Inspector General Act 
        of 1978.
            (2) Requirement to comply with inspector general act of 
        1978.--The Special Inspector General shall carry out the duties 
        specified in subsection (c) in accordance with subsections (b) 
        through (e) of section 4 of the Inspector General Act of 1978.
            (3) Exemption from initial determination of eligibility.--
        The Special Inspector General shall be treated as an office 
        included under section 6(f)(3) of the Inspector General Act of 
        1978 (5 U.S.C. App.) relating to the exemption from the initial 
        determination of eligibility by the Attorney General.
            (4) Disciplinary recommendations.--The Special Inspector 
        General shall have the authority to make disciplinary 
        recommendations.
    (e) Personnel, Facilities, and Other Resources.--
            (1) Selection and appointment of officers and employees.--
                    (A) In general.--The Special Inspector General may 
                select, appoint, and employ such officers and employees 
                as may be necessary for carrying out the duties of the 
                Special Inspector General, subject to the provisions of 
                title 5, United States Code, governing appointments in 
                the competitive service, and the provisions of chapter 
                51 and subchapter III of chapter 53 of such title, 
                relating to classification and General Schedule pay 
                rates.
                    (B) Exercise of certain authorities.--The Special 
                Inspector General may exercise the authorities of 
                subsections (b) through (i) of section 3161 of title 5, 
                United States Code (without regard to subsection (a) of 
                that section).
            (2) Services.--The Special Inspector General may obtain 
        services as authorized by section 3109 of title 5, United 
        States Code, at daily rates not to exceed the equivalent rate 
        prescribed for grade GS-15 of the General Schedule by section 
        5332 of such title.
            (3) Contracting authority.--The Special Inspector General 
        may enter into contracts and other arrangements for audits, 
        studies, analyses, and other services with public agencies and 
        with private persons, and make such payments as may be 
        necessary to carry out the duties of the Special Inspector 
        General.
            (4) Requests for information.--
                    (A) In general.--Upon request of the Special 
                Inspector General for information or assistance from 
                any entity of the Federal Government, the head of such 
                entity shall, insofar as is practicable and not in 
                contravention of any existing law, furnish such 
                information or assistance to the Special Inspector 
                General, or an authorized designee.
                    (B) Report of noncompliance.--Whenever information 
                or assistance requested by the Special Inspector 
                General is, in the judgment of the Special Inspector 
                General, unreasonably refused or not provided, the 
                Special Inspector General shall report the 
                circumstances to the appropriate committees of Congress 
                without delay.
            (5) Reemployment of annuitants.--
                    (A) In general.--Except as provided under 
                subparagraph (B), if an annuitant receiving an annuity 
                from the Civil Service Retirement and Disability Fund 
                becomes employed in a position within the Office of the 
                Special Inspector General for Law Enforcement, that 
                annuity shall continue. An annuitant so reemployed 
                shall not be considered an employee for purposes of 
                chapter 83 or 84 of title 5, United States Code.
                    (B) Exception.--Subparagraph (A) shall apply to not 
                more than 25 employees at any time as designated by the 
                Special Inspector General.
    (f) Corrective Responses to Audit Problems.--Not later than 30 days 
after the date on which a report, finding, or recommendation is 
published by the Special Inspector General relating to a Federal law 
enforcement agency, the head of that agency shall--
            (1) take action to address each deficiency or 
        recommendation identified by a report or investigation of the 
        Special Inspector General; or
            (2) certify to appropriate committees of Congress that no 
        action is necessary or appropriate.
    (g) Cooperation and Coordination With Other Entities.--In carrying 
out the duties, responsibilities, and authorities of the Special 
Inspector General under this section, the Special Inspector General 
shall work with Inspectors General of any other entity as appropriate, 
with a view toward avoiding duplication of effort and ensuring 
comprehensive oversight of Federal law enforcement agencies and 
officers through effective cooperation and coordination.
    (h) Member of the Council of the Inspectors General on Integrity 
and Efficiency.--Section 11(b)(1) of the Inspector General Act of 1978 
(5 U.S.C. App.) is amended by inserting at the end the following new 
subparagraph:
                    ``(J) The Special Inspector General for Law 
                Enforcement.''.
    (i) Reports.--
            (1) Initial report.--Not later than 60 days after the 
        confirmation of the Special Inspector General, and not later 
        than 30 days following the end of each fiscal quarter, the 
        Special Inspector General shall submit to the appropriate 
        committees of Congress a report summarizing the activities of 
        the Special Inspector General during that fiscal quarter.
            (2) Annual report.--The Special Inspector General shall 
        submit an annual report to the appropriate committees of 
        Congress that includes the total number of use of deadly force 
        cases, use of excessive force complaints, and findings of 
        misconduct involving Federal law enforcement officers.
            (3) Rule of construction.--Nothing in this subsection shall 
        be construed to authorize the public disclosure of information 
        that is--
                    (A) specifically prohibited from disclosure by any 
                other provision of law;
                    (B) specifically required by Executive order to be 
                protected from disclosure in the interest of national 
                defense or national security or in the conduct of 
                foreign affairs; or
                    (C) a part of an ongoing criminal investigation.
            (4) Public availability.--Except as provided under 
        paragraph (3), all reports submitted under this subsection 
        shall be available to the public.

SEC. 3. GRANTS.

    (a) Enable Referrals to the Special Inspector General 
Requirement.--For each fiscal year after the expiration of the period 
specified in subsection (b) in which a State or unit of local 
government receives a grant under part E of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), 
the State or unit of local government shall have in effect a law 
establishing a process by which use of deadly force cases can be 
referred to the Special Inspector General for investigation.
    (b) Compliance and Ineligibility.--
            (1) Compliance date.--Beginning on the first full fiscal 
        year after the date of enactment of this Act, each State or 
        unit of local government referred to in subsection (a) 
        receiving a grant shall comply with subsection (a), except that 
        the Attorney General may grant an additional 180 days to a 
        State or unit of local government that is making good faith 
        efforts to comply with such subsection.
            (2) Ineligibility for funds.--For any fiscal year after the 
        expiration of the period specified in paragraph (1), a State or 
        unit of local government that fails to comply with subsection 
        (a), shall be ineligible to receive any funds that would 
        otherwise be allocated for that fiscal year to the State or 
        unit of local government under subpart 1 of part E of title I 
        of the Omnibus Crime Control and Safe Streets Act of 1968 (34 
        U.S.C. 10151 et seq.), whether characterized as the Edward 
        Byrne Memorial State and Local Law Enforcement Assistance 
        Programs, the Local Government Law Enforcement Block Grants 
        Program, the Edward Byrne Memorial Justice Assistance Grant 
        Program, or otherwise.
    (c) Reallocation.--Amounts not allocated under a program referred 
to in subsection (b)(2) to a State or unit of local government for 
failure to fully comply with subsection (a) shall be reallocated under 
that program to States or units of local government that have not 
failed to comply with such subsection.
    (d) COPS.--For each fiscal year after the expiration of the period 
specified in subsection (b) in which a State or unit of local 
government receives a grant under part Q of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), 
the State or unit of local government shall have in effect a law 
establishing a process by which use of deadly force cases can be 
referred to the Special Inspector General for investigation.
    (e) Definitions.--Terms used in this section have the meanings 
given such terms in section 901 of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (34 U.S.C. 10251).

SEC. 4. WHISTLEBLOWER.

    (a) Right to Disclosure.--An individual may make a protected 
disclosure to the Special Inspector General.
    (b) Prohibition Against Discrimination.--A Federal, State, or local 
law enforcement agency, or any prosecutor, officer, employee, or 
contractor of any such agency may not recommend, discharge, demote, 
suspend, threaten, harass, or take or fail to take any other action 
that discriminates against any individual, including an employee, 
former employee, or applicant seeking employment because the employee, 
former employee, or applicant seeking employment because that 
individual--
            (1) without violating a specific statutory prohibition, is 
        perceived as making or about to make, or perceived as assisting 
        or about to assist in making what the individual reasonably 
        believes is a protected disclosure to the Special Inspector 
        General; or
            (2) refuses to obey an order that the individual believes 
        would require the individual to violate this Act.
    (c) Appeal.--
            (1) Law enforcement employees.--
                    (A) Administrative remedy.--Any individual who is a 
                Federal, State, or local law enforcement applicant, 
                employee, or former employee who believes that the 
                individual has been subjected to discrimination 
                prohibited under subsection (b) may, within 3 years 
                after learning of the alleged discrimination, submit a 
                complaint that alleges the discrimination to the 
                Special Inspector General who shall investigate and 
                submit to the relevant Federal, State, or local agency 
                head and to the Attorney General findings and 
                recommendations for any corrective action.
                    (B) Judicial remedy.--In the event that corrective 
                action is not taken under subparagraph (A) within 210 
                days after the date on which the complaint was filed, 
                any individual who is a Federal, State, or local law 
                enforcement applicant, employee, or former employee who 
                believes that the individual has been subjected to 
                discrimination prohibited under subsection (b), who 
                filed the complaint shall be deemed to have exhausted 
                all administrative remedies with respect to the 
                complaint, and may bring a de novo action at law or 
                equity to seek compensatory damages and other relief 
                available under this section in the appropriate 
                district court of the United States, which shall have 
                jurisdiction over such an action without regard to the 
                amount in controversy. Such an action shall, at the 
                request of either party to the action, be tried by the 
                court with a jury. An action under this subparagraph 
                may not be brought more than two years after the date 
                on which remedies are deemed to have been exhausted.
                    (C) General provisions.--
                            (i) Rights retained by employee.--Nothing 
                        in this section shall diminish the rights, 
                        privileges, or remedies of any applicant, 
                        employee, former employee, or individual 
                        seeking employment under any Federal or State 
                        law.
                            (ii) Liability.--Notwithstanding any other 
                        provision of law, an individual shall be immune 
                        from civil and criminal liability with respect 
                        to a disclosure by the individual if the 
                        individual would be protected from 
                        discrimination under subsection (b) for making 
                        the protected disclosure. The individual shall 
                        bear the burden of proving that the individual 
                        would be protected from discrimination under 
                        subsection (b) for making the disclosure.
                            (iii) Confidentiality.--
                                    (I) In general.--Except as required 
                                by law, when an applicant, employee, or 
                                former employee makes a protected 
                                disclosure to a person or body with 
                                authority to receive and address the 
                                information, any individual or entity 
                                to which the person or body provides 
                                the information, may not disclose the 
                                identity or identifying information of 
                                the individual providing the 
                                information without explicit written 
                                consent of the applicant, employee, or 
                                former employee.
                                    (II) Notice.--If disclosure of the 
                                identity or identifying information of 
                                an individual providing a protected 
                                disclosure is required by law, the 
                                recipient of the information shall 
                                provide timely notice to the 
                                individual.
                            (iv) Nonenforceability of waiver of rights 
                        and remedies.--The rights and remedies provided 
                        for in this paragraph may not be waived by any 
                        public or private agreement, policy, form, or 
                        condition of employment, including by pre-
                        dispute arbitration agreement.
            (2) Non-law enforcement employee.--
                    (A) Judicial remedy.--Any individual who makes a 
                protected disclosure to the Special Inspector General 
                and believes that individual has suffered 
                discrimination in violation of this section may file a 
                complaint for relief pursuant to the procedures, 
                burdens of proof, and remedies in paragraph (1)(B). The 
                court may award punitive damages.
                    (B) General provisions.--
                            (i) Liability.--Notwithstanding any other 
                        provision of law, an individual shall be immune 
                        from civil and criminal liability with respect 
                        to a disclosure by the individual if the 
                        individual would be protected from 
                        discrimination or retaliation under subsection 
                        (b) for making the protected disclosure. The 
                        individual shall bear the burden of proving 
                        that the individual would be protected from 
                        discrimination or retaliation under subsection 
                        (b) for making the disclosure.
                            (ii) Confidentiality.--
                                    (I) In general.--Except as required 
                                by law, when an applicant, employee, or 
                                former employee makes a protected 
                                disclosure to a person or body with 
                                authority to receive and address the 
                                information, any individual or entity 
                                to which the person or body provides 
                                the information, may not disclose the 
                                identity or identifying information of 
                                the individual providing the 
                                information without explicit written 
                                consent of the individual.
                                    (II) Notice.--If disclosure of the 
                                identity or identifying information of 
                                an individual providing a protected 
                                disclosure is required by law, the 
                                recipient shall provide timely notice 
                                to the individual.
                            (iii) Nonenforceability of waiver of rights 
                        and remedies.--The rights and remedies provided 
                        for in this paragraph may not be waived by any 
                        public or private agreement, policy, form, or 
                        condition of employment, including by pre-
                        dispute arbitration agreement.
            (3) Burden of proof.--The Special Inspector General and any 
        other authority enforcing this Act shall apply the legal 
        burdens of proof specified in section 1221(e)(1) of title 5, 
        United States Code, in determining whether discrimination or 
        retaliation prohibited under subsection (b) has occurred in 
        accordance with the rules and procedures under paragraph (1).
    (d) Requirement To Post Notice of Rights and Remedies.--Any 
employer subject to the authority of this Act shall post notice of the 
rights and remedies provided under this section in all offices in a 
common place easily visible to all employees. Any law enforcement 
organization subject to this Act shall prominently provide notice to 
the public of rights available to citizens under this Act.
    (e) Rules of Construction.--
            (1) No implied authority to retaliate for non-protected 
        disclosures.--Nothing in this section may be construed to 
        authorize the discharge of, demotion of, discrimination, or 
        other reprisal against an employee, a former employee, or an 
        individual seeking employment for a disclosure other than a 
        protected disclosure or to modify or derogate from a right or 
        remedy otherwise available to an employee, former employee, or 
        individual seeking employment.
            (2) Relationship to state laws.--Nothing in this section 
        may be construed to preempt, preclude, or limit the protections 
        provided for public or private employees under State 
        whistleblower laws.
            (3) Waiver of sovereign immunity.--A Federal, State, or 
        other governmental entity shall not be immune under the 11th 
        Amendment to the Constitution from an action in a Federal or 
        State court of competent jurisdiction for a violation of this 
        Act. In any action for a violation of this Act, remedies are 
        available for such a violation to the same extent as such 
        remedies are available for such a violation in an action 
        against any defendant.
    (f) Annual Report.--Not later than 1 year after the date of the 
enactment of this Act, and every year thereafter, the Special Inspector 
General shall submit to Congress a report that includes the following;
            (1) A list of any investigation of alleged discrimination 
        or retaliation described under subsection (b) the Special 
        Inspector General conducted.
            (2) The results of each investigation described under 
        paragraph (1), including the number of cases dismissed on 
        procedural grounds, the win-loss record for decisions on the 
        merits, and accountability measures advised and taken against 
        individuals or employers.
            (3) The range for the length of time to complete 
        investigations under subsection (c).
            (4) The number of discrimination or retaliation complaints 
        filed under subsection (c) that result in a settlement 
        agreement.
            (5) Details of any remedy or relief that results from a 
        complaint filed under subsection (c).
            (6) Recommendations for any legislative or administrative 
        improvements.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Deadly force.--The term ``deadly force'' means that 
        force which a reasonable person would consider likely to cause 
        death or serious bodily harm, including--
                    (A) the discharge of a firearm;
                    (B) a maneuver that restricts blood or oxygen flow 
                to the brain, including chokeholds, strangleholds, neck 
                restraints, neckholds, and carotid artery restraints; 
                and
                    (C) multiple discharges of an electronic control 
                weapon.
            (2) Federal law enforcement agency.--The term ``Federal law 
        enforcement agency'' means any agency authorized to engage in 
        or supervise the prevention, detection, investigation, or 
        prosecution of any violation of Federal criminal law.
            (3) Federal law enforcement officer.--The term ``Federal 
        law enforcement officer'' has the meaning given that term in 
        section 115(c) of title 18, United States Code.
            (4) Protected disclosure.--The term ``protected 
        disclosure'' means any disclosure of information by an 
        applicant, employee, or former employee that the applicant, 
        employee, or former employee reasonably believes is related to 
        the duties of the Special Inspector General described in 
        section 2(c).
            (5) Racial profiling.--
                    (A) In general.--The term ``racial profiling'' 
                means the practice of a law enforcement agent or agency 
                relying, to any degree, on actual or perceived race, 
                ethnicity, national origin, religion, gender, gender 
                identity, or sexual orientation in selecting which 
                individual to subject to routine or spontaneous 
                investigatory activities or in deciding upon the scope 
                and substance of law enforcement activity following the 
                initial investigatory procedure, except when there is 
                trustworthy information, relevant to the locality and 
                timeframe, that links a person with a particular 
                characteristic described in this paragraph to an 
                identified criminal incident or scheme.
                    (B) Exception.--For purposes of subparagraph (A), a 
                Tribal law enforcement officer exercising law 
                enforcement authority within Indian country, as that 
                term is defined in section 1151 of title 18, United 
                States Code, is not considered to be racial profiling 
                with respect to making key jurisdictional 
                determinations that are necessarily tied to reliance on 
                actual or perceived race, ethnicity, or Tribal 
                affiliation.
            (6) Special inspector general.--The term ``Special 
        Inspector General'' means the Special Inspector General for Law 
        Enforcement appointed pursuant to section 2(b)(1).
            (7) Use of force.--The term ``use of force'' includes--
                    (A) the use of a firearm, electronic control 
                weapon, explosive device, chemical agent (such as 
                pepper spray), baton, impact projectile, blunt 
                instrument, hand, fist, foot, canine, or vehicle 
                against an individual;
                    (B) the use of a weapon, including a personal body 
                weapon, chemical agent, impact weapon, extended range 
                impact weapon, sonic weapon, sensory weapon, conducted 
                energy device, or firearm, against an individual; or
                    (C) any intentional pointing of a firearm at an 
                individual.
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