I 117th CONGRESS 2d Session H. R. 6762 IN THE HOUSE OF REPRESENTATIVES February 18, 2022 Mr. Connolly introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Oversight and Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish the Special Inspector General for Law Enforcement, and for other purposes.

1. Short title This Act may be cited as the Special Inspector General for Law Enforcement Act . 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. 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 ). 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. 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.