Title: Enhancing Oversight to End Discrimination in Policing Act
Policy area: Crime and Law Enforcement

Summary:
Enhancing Oversight to End Discrimination in Policing Act
This bill contains provisions related to federal investigations of state and local law enforcement activities, including an authorization of additional appropriations for the Department of Justice (DOJ) Civil Rights Division for FY2020-FY2029.
Certain DOJ-imposed limitations on civil settlement agreements between DOJ and a local or state entity shall have no effect. (Typically, such an agreement involves the entity agreeing to take certain actions, such as a law enforcement agency agreeing to require certain officer training or stop certain policing practices. In November 2018, DOJ announced that it would adopt certain procedures and requirements to limit such agreements, such as requiring approval by a senior DOJ official if an agreement would create long-term structural obligations for the entity.)
A certain portion of the increased funding for the Civil Rights Division authorized by the bill shall be available for investigations into law enforcement agencies or related entities that engage in a pattern or practice of depriving persons of their civil rights.
The bill also authorizes a state attorney general's office to file a lawsuit under federal law against a law enforcement agency or related entity that engages in a pattern or practice of depriving persons of their civil rights, where currently only DOJ has such authority. DOJ may provide grants to state and tribal governments to investigate and pursue such cases.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4170 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4170

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 2, 2020

 Ms. Warren (for herself, Mr. Durbin, Ms. Hirono, Mr. Blumenthal, Mr. 
Markey, Mr. Sanders, Mr. Wyden, Mrs. Gillibrand, Ms. Duckworth, Mr. Van 
 Hollen, Mr. Merkley, Mr. Heinrich, and Mr. Whitehouse) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
     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. RESCISSION OF DEPARTMENT OF JUSTICE MEMORANDUM RELATING TO 
              CIVIL CONSENT DECREES.

    The memorandum issued by the Attorney General titled ``Principles 
and Procedures for Civil Consent Decrees and Settlement Agreements with 
State and Local Governmental Entities'' on November 8, 2018, or any 
other substantially similar memorandum, shall have no force or effect.

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 
2020 through 2029, of which not less than $100,000,000 shall be made 
available each fiscal year for investigations conducted 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 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) 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) Grant Program.--
            (1) Definitions.--In this subsection--
                    (A) the term ``State'' means each of the several 
                States, the District of Columbia, and each 
                commonwealth, territory, or possession of the United 
                States; and
                    (B) the term ``Tribal government'' means the 
                governing body of an Indian Tribe included on the most 
                recent list published by the Secretary pursuant to 
                section 104 of the Federally Recognized Indian Tribe 
                List Act of 1994 (25 U.S.C. 5131).
            (2) Authorization.--The Attorney General may award grants 
        to States and Tribal governments to assist such States and 
        Tribal governments 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) Application.--To be eligible to receive a grant under 
        this subsection, a State or Tribal government 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 or Tribal government 
                intends to use the grant funds to pursue 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); and
                    (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.
            (4) Required reporting.--
                    (A) Grantee reporting.--In each fiscal year a State 
                or Tribal government receives a grant under this 
                subsection, the State or Tribal government 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.
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated to the Attorney General $150,000,000 for 
        each of fiscal years 2020 through 2029 to carry out this 
        subsection.
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