text: 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
target: 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.
feat_title: Law Enforcement Responsibility and Improvement Act of 1993