article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Responsibility and Improvement Act of 1993''. TITLE I--CONTINUING EDUCATION FOR LAW ENFORCEMENT OFFICERS. SEC. 101. STATEMENT OF PURPOSE. It is the purpose of this title to assist States to establish scholarship programs which-- (1) assist State and local law enforcement efforts to enhance the educational status of law enforcement personnel; and (2) provide educational assistance to law enforcement personnel seeking continuing education; SEC. 102. ALLOTMENT. From amounts appropriated under the authority of section 110, the Assistant Attorney General shall allocate-- (1) 80 percent of such funds to States on the basis of the number of law enforcement officers in each State; and (2) 20 percent of such funds to States on the basis of a State's shortage of law enforcement personnel and the need for assistance under this title. SEC. 103. PROGRAM ESTABLISHED. (a) In General.--From amounts available under this title, each State shall pay the Federal share of the cost of awarding scholarships to law enforcement personnel to enable such personnel during nonworking hours to enroll in courses, not to exceed a total of 18 credit hours, at an institution of higher education. (b) Federal Share.--(1) The Federal share of the cost of scholarships under this title shall not exceed 60 percent. (2) The non-Federal share of the cost of scholarships under this title shall be supplied from sources other than the Federal Government. (c) Lead Agency.--Each State receiving an allotment under section 102 to conduct a scholarship program in a State in accordance with the provisions of this title shall designate an appropriate State agency to serve as the lead agency in carrying out the provisions of this title. (d) Responsibilities of Assistant Attorney General.--The Assistant Attorney General shall be responsible for the administration of the program conducted pursuant to this title and shall, in consultation with the Assistant Secretary for Postsecondary Education, promulgate regulations to implement this title. (e) Administrative Expenses.--Each State receiving an allotment under section 102 may reserve not more than 8 percent of such allotment for administrative expenses. (f) Supplementation of Funding.--Funds received under this title shall be used to supplement, and not to supplant, Federal, State, or local efforts to provide for continuing education of law enforcement personnel. SEC. 104. SCHOLARSHIPS. (a) Restrictions.--Notwithstanding a change in law enforcement positions or departments or an institution of higher education, a law enforcement officer is eligible to receive scholarship funds for a total of 18 credit hours. (b) Use of Scholarships.--A law enforcement officer awarded a scholarship under this title may use such scholarship for educational expenses at an accredited institution of higher education. (c) Eligibility.--A law enforcement officer shall be eligible to receive a scholarship under this title if such individual has been employed in law enforcement for the 1-year period immediately preceding the date on which assistance is sought. SEC. 105. STATE APPLICATION. (a) In General.--Each State desiring an allotment under section 102 shall submit an application to the Assistant Attorney General at such time, in such manner, and accompanied by such information as the Assistant Attorney General may reasonably require. Each such application shall-- (1) contain assurances that the lead agency shall work in cooperation with the local law enforcement liaisons, representatives of police labor organizations and police management organizations, and other appropriate State and local agencies to develop and implement interagency agreements designed to carry out the provisions of this title; (2) contain assurances that the State shall advertise the scholarship assistance provided under this title; (3) contain assurances that the State shall screen and select law enforcement personnel for participation in the scholarship program under this title; (4) contain assurances that the State shall make scholarship payments to institutions of higher education on behalf of individuals receiving financial assistance under this title; and (5) identify model curriculum and existing programs designed to meet the educational and professional needs of law enforcement personnel. SEC. 106. LOCAL APPLICATION. Each individual desiring to receive a scholarship under this title shall submit an application to the State at such time, in such manner, and accompanied by such information as the State may reasonably require. Each such application shall describe the academic courses for which financial assistance is sought. SEC. 107. SCHOLARSHIP AGREEMENT. (a) In General.--Each individual receiving a scholarship under this title shall enter into an agreement with the Assistant Attorney General. (b) Contents.--Each agreement described in subsection (a) shall provide assurances that such individual shall make every effort to meet all course requirements. SEC. 108. REPORTS TO CONGRESS. Not later than April 1 of each fiscal year, the Assistant Attorney General shall submit a report to the Attorney General, the President, the Speaker of the House of Representatives, and the President of the Senate. Such report shall-- (1) state the number of present and past scholarship recipients under this title; (2) describe the geographic, racial, and gender dispersion of scholarship recipients; and (3) describe the progress of the program and make recommendations for changes in the program. SEC. 109. DEFINITIONS. As used in this title-- (1) the term ``Assistant Attorney General'' means the Assistant Attorney General of the Office of Justice Programs; (2) the term ``educational expenses'' means expenses that are directly attributable to a course offered at an institution of higher education, including the cost of tuition, fees, books, supplies and related expenses; (3) the term ``institution of higher education'' has the same meaning given such term in section 1401(a) of the Higher Education Act of 1965; (4) the term ``law enforcement position'' means employment as an officer in a State or local police force, or correctional institution; and (5) the term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. SEC. 110. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $3,000,000 for each of the fiscal years 1994, 1995, 1996, 1997, and 1998 to carry out the provisions of this title. TITLE II--LAW ENFORCEMENT RESPONSIBILITY PROVISIONS Subtitle A--Police Accreditation SEC. 201. APPLICATION FOR ACCREDITATION. (a) In General.--Subject to subsections (b) and (c), law enforcement agencies of a State, unit of local government, or non- Federal public agency may apply for law enforcement agency accreditation. (b) Filing of Accreditation Application.--Applications for accreditation as provided under section (a), may be filed with the Commission on Accreditation of Law Enforcement Agencies. (c) Forwarding to Justice Department.--A copy of the application filed under subsection (b) shall then be forwarded to the Accreditation Coordinator at the Department of Justice as provided for in section 202(b). (d) Good Faith.--Law enforcement agencies shall file the application for accreditation in good faith, and shall use all good faith efforts to assist in processing the application for accreditation. SEC. 202. FEDERAL ASSISTANCE FOR AGENCIES SEEKING ACCREDITATION. (a) In General.--The Attorney General shall be given the discretion under section 524(c)(1) of title 28, United States Code, to provide financial and technical assistance, as provided in subsections (b), (c), and (d) for law enforcement agencies applying for accreditation as provided in section 201. (b) Accreditation Coordinator.--The Attorney General shall appoint an Accreditation Coordinator to assist law enforcement agencies seeking Federal assistance in processing accreditation as provided in section 201. (c) Additional Accreditation Staffing.--The Accreditation Coordinator shall provide necessary personnel to assist law enforcement agencies in processing applications for accreditation and complete the accreditation process as provided by section 201. (d) Reimbursement of Administrative Costs.--Upon request, the Accreditation Coordinator may reimburse a law enforcement agency for any administrative costs incurred by such law enforcement agency in processing the application for accreditation if-- (1) such law enforcement agency has requested assistance from the Accreditation Coordinator; (2) the Accreditation Coordinator did not furnish such assistance but did certify the agency as likely to benefit in terms of improved law enforcement from the process and as eligible for expense reimbursement; and (3) such law enforcement agency has successfully completed the accreditation process as provided in section 201. (e) Financing.--The total monies provided under subsection (a) shall not be greater than $1,000,000 or 1 percent of those monies available to the Attorney General under section 524(c)(1) of title 28, United States Code. Subtitle B--Civilian Protection in Cases of Police Misconduct SEC. 211. CIVILIAN PROTECTION IN CASES OF POLICE MISCONDUCT. State, local, and public law enforcement agencies shall have procedures as established in subsection (b), allowing citizen submission of sworn complaints regarding the action, or inaction, of the law enforcement agency, law enforcement officers in the agency, or employees of the agency. SEC. 212. MINIMUM STANDARDS. Subject to section 213, individual law enforcement agencies shall provide, at a minimum, that-- (1) the general public has access to required forms and information concerning the submission, and disposition of sworn complaints; (2) the law enforcement agency assist individuals in filing complaints; (3) adequate records to allow regular monitoring of the nature and disposition of such cases are to be maintained by the agency; (4) the law enforcement agency has established written procedures for hearings; and (5) the complainant receives a written report on the final disposition of the complaint. SEC. 213. SEALED RECORDS. Any or all records required under section 212 may be sealed to prevent public disclosure if-- (1) good cause has been shown by order of a court of competent jurisdiction, and (2) such order is public record and states reasons for sealing. Subtitle C--Law Enforcement Officer's Responsibility SEC. 221. RESPONSIBILITIES OF LAW ENFORCEMENT OFFICERS UNDER INVESTIGATION. Whenever a law enforcement officer is under formal investigation for alleged malfeasance, misfeasance, or nonfeasance of official duty, with a view to possible disciplinary action, demotion, dismissal, suspension, or criminal charges, except as provided in section 226, the following minimum standards shall apply: (1) The law enforcement officer shall be informed in writing of all charges made against the officer, the nature and purpose of the investigation and the name, rank, and command of the person or persons conducting such investigation and shall be given the opportunity to review any evidence or testimony relevant to the charges, in the possession of the law enforcement agency. (2) Except when the officer is requested to fulfill normal administrative duties or to provide the law enforcement agency with necessary reports on performance of duty, no adverse inference shall be drawn and no punitive action taken from a refusal of the law enforcement officer being investigated to participate in such investigation. (3) The law enforcement officer being investigated shall be informed, in writing, of the date, time, and location of such questioning, of all persons who will be present during such questioning, and of the rights established by this title. (4) Except in emergency or adverse situations, no questioning of any law enforcement officer shall be conducted except during the officer's regularly scheduled working hours, unless the law enforcement officer otherwise agrees and except when such questioning is part of a normal supervisory operating of the law enforcement agency. (5) Any questioning shall be for a reasonable period of time, in a reasonable place, and shall allow for reasonable periods for the rest and personal necessities of such officer. (6) The law enforcement officer shall be entitled to the presence of a person of the officer's choice at any interrogation in connection with the formal investigation. SEC. 222. NOTICE OF DISCIPLINARY ACTION. Whenever a personnel action is taken against a law enforcement officer which could result in any loss of pay, benefits or seniority, or in suspension or termination, pursuant to an investigation of alleged malfeasance, misfeasance, or nonfeasance of official duty, such law enforcement officer shall be notified and informed of the reasons for such action at least five working days before such action takes effect. SEC. 223. ENTITLEMENT TO A HEARING. (a) In General.--If the investigation of a law enforcement officer results in the recommendations of disciplinary action, such as demotion, dismissal, or similar action, then, except as provided in section 226, the law enforcement officer shall be entitled to a hearing before an impartial decisionmaker. (b) Decisions in Writing.--The decisions of the decisionmaker, and reason therefor, shall be in writing, shall be transmitted promptly to the law enforcement officer and to the chief executive officer of the law enforcement agency. (c) Final and Binding.--The decisions of the decisionmaker shall be final and binding. SEC. 224. REPRESENTATION ON COMPLAINT REVIEW BOARDS. Whenever a police complaint review board has been established which includes in its membership persons other than law enforcement officers of the agencies under the jurisdiction of such board, such board shall include a fair representation of such officers including at least one officer of equal rank to the officer charged. SEC. 225. PROTECTION FROM RETALIATION FOR EXERCISING RIGHTS. There shall be no penalty nor threat of penalty to any law enforcement officer for the exercise of the rights established in this title. SEC. 226. EXCLUSIONARY PROVISIONS. The provisions of this subtitle do not apply to questioning carried out as part of a law enforcement agency's routine supervision of a law enforcement officer, summary discipline, administrative action, or emergency suspension. Subtitle D--General Provisions SEC. 231. PRIVATE ENFORCEMENT. Any citizen or law enforcement officer shall have the right to recover pecuniary and other damages including, but not limited to, full reinstatement of a law enforcement officer, from any person or agencies, including law enforcement agencies, which violate the rights established by this title. SEC. 232. OTHER REMEDIES NOT DISPARAGED. Nothing in this title shall disparage or impair any other legal remedy with respect to rights established by this title or any other State or Federal law. SEC. 233. EXCLUSION FOR STATES THAT MEET OR EXCEED PROVISIONS. Nothing in this title shall be construed to preempt any State law which meets or exceeds the minimum requirements set forth by this title. SEC. 234. DEFINITIONS. As used in this title-- (1) the term ``complaint review board'' means any public body which has specific lawful authority to investigate civilian complaints of improper conduct by law enforcement officers and take public action, including the issuance of findings and reports, but shall not include any law enforcement agency, a grand jury, or other judicially-appointed body; (2) the term ``law enforcement agency'' means any non- Federal public agency, except Federal law enforcement agencies, charged with the duty to investigate crimes, apprehend persons charged with such crimes, and hold in custody persons charged with such crimes; (3) the term ``law enforcement officer'' means any sworn officer of a public agency, if the official legal function of such agency is the investigation of reports of criminal activity or crimes, or the apprehension or holding in custody of persons charged or convicted of crimes, and includes all police, sheriffs' deputies, bailiffs, and corrections guards as defined by the applicable State law; (4) the terms ``summary discipline'' and ``administrative action'' mean discipline imposed for minor violations of department rules and regulations, which does not result in dismissal, demotion, transfer, loss of pay, or similar action; and (5) the term ``emergency suspension'' means situations in which the head of the law enforcement agency determines such temporary action is necessary to protect the interest of the public and the law enforcement agency and do not continue longer than the public necessity. HR 1148 IH----2
summary: TABLE OF CONTENTS: Title I: Continuing Education for Law Enforcement Officers Title II: Law Enforcement Responsibility Provisions Subtitle A: Police Accreditation Subtitle B: Civilian Protection in Cases of Police Misconduct Subtitle C: Law Enorcement Officer's Responsibility Subtitle D: General Provisions Law Enforcement Responsibility and Improvement Act of 1993 - Title I: Continuing Education for Law Enforcement Officers - Directs: (1) each State to pay the Federal share (60 percent) of the cost of awarding scholarships to law enforcement personnel to enable such personnel during non-working hours to enroll in courses, not to exceed a total of 18 credit hours, at an institution of higher education; and (2) the Assistant Attorney General to allocate, from amounts appropriated pursuant to this Act, 80 percent of such funds to States based on the number of law enforcement officers in each State and 20 percent based on a State's shortage of law enforcement personnel and need for assistance. Title II: Law Enforcement Responsibility Provisions - Subtitle A: Police Accreditation - Establishes procedures by which law enforcement agencies of a State, unit of local government, or non-Federal public agency may apply for law enforcement agency accreditation. (Sec. 202) Grants the Attorney General discretion to provide financial and technical assistance for law enforcement agencies applying for accreditation. Directs the Attorney General to appoint an Accreditation Coordinator to assist such agencies seeking Federal assistance in processing accreditation. Subtitle B: Civilian Protection in Cases of Police Misconduct - Requires that State, local, and public law enforcement agencies have procedures, including specified minimum standards, allowing citizen submission of sworn complaints regarding the action or inaction of a law enforcement agency, its officers, or employees. (Sec. 213) Specifies that any or all records required pursuant to this Act may be sealed to prevent public disclosure if good cause has been shown by order of a court of competent jurisdiction and if such order is public record and states reasons for sealing. Subtitle C: Law Enforcement Officer's Responsibility - Sets forth minimum standards that apply whenever a law enforcement officer is under formal investigation for alleged malfeasance, misfeasance, or nonfeasance of official duty, with a view to possible disciplinary action, demotion, dismissal, suspension, or criminal charges, with exceptions. (Sec. 222) Sets forth provisions regarding: (1) notice of disciplinary action; (2) entitlement to a hearing; (3) fair representation on complaint review boards; and (4) protection from retaliation for exercising rights. Subtitle D: General Provisions - Grants any citizen or law enforcement officer the right to recover damages, including full reinstatement of a law enforcement officer, from any person or agencies which violate the rights established by this title. (Sec. 233) Specifies that nothing in this title shall be construed to preempt any State law which meets or exceeds the minimum requirements set forth by this title.