[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4385 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4385
To reform pattern or practice investigations conducted by the
Department of Justice, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 22, 2024
Ms. Warren (for herself, Ms. Hirono, Ms. Duckworth, Mr. Wyden, Mr.
Sanders, Mr. Merkley, Mr. Van Hollen, Mr. Booker, Mr. Welch, and Mr.
Markey) 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. CONSENT DECREE PROCEDURES.
(a) In General.--The Attorney General, acting through the Assistant
Attorney General of the Civil Rights Division of the Department of
Justice, shall--
(1) modify the procedures for civil consent decrees and
consent agreements in civil litigation with State and local
governmental entities arising from pattern or practice
investigations under section 210401 of the Violent Crime
Control and Law Enforcement Act of 1994 (34 U.S.C. 12601) to
ensure that--
(A) the use of consent decrees and consent
agreements fosters the creation and use of remedies
that are not limited to law enforcement reforms, such
as mental health support, including in cases where a
pattern or practice of conduct is found to violate the
Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), or community-based restorative justice
mechanisms;
(B) community oversight requirements, such as a
community oversight body described in subsection (b),
are incorporated, when possible, into the terms of
consent decrees and consent agreements; and
(C) remedies are developed and implemented
expeditiously, when possible; and
(2) in carrying out paragraph (1)(A), request guidance from
the heads of other relevant agencies, such as the Secretary of
Housing and Urban Development and the Secretary of Health and
Human Services, on the efficacy of the alternative remedies
described in that paragraph.
(b) Community Oversight Body Described.--A community oversight body
described in this subsection is an oversight entity that--
(1) is comprised of individuals who--
(A) represent the communities and organizations
within the State or unit of local government to which
the consent decree or consent agreement applies; and
(B) do not work, and have not previously worked, in
a law enforcement capacity;
(2) has a role of--
(A) ensuring compliance with the provisions of the
consent decree or consent agreement; and
(B) fostering transparency in the administration
and personnel of the law enforcement agency; and
(3) has the authority to--
(A) ask questions of the law enforcement agency;
(B) obtain documents, data, and information from
the law enforcement agency; and
(C) make recommendations--
(i) for modifications to the provisions of
the consent decree or consent agreement, as
necessary; and
(ii) to the law enforcement agency or
governmental officials overseeing the agency
about changes in policing services.
SEC. 3. FUNDING FOR PATTERN OR PRACTICE INVESTIGATIONS.
(a) Additional Funding.--
(1) In general.--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 2025 through 2034, not less than $100,000,000
of which shall be made available each fiscal year for
enforcement and technical assistance under section 210401 of
the Violent Crime Control and Law Enforcement Act of 1994 (34
U.S.C. 12601).
(2) Reports to congress.--Not later than 1 year after the
date of enactment of this Act, and annually 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 use of amounts appropriated
pursuant to the authorization of appropriations under paragraph
(1), which shall include a detailed summary of how the amounts
were used for pattern or practice investigations.
(b) Unlawful Conduct.--Subtitle D of title XXI of the Violent Crime
Control and Law Enforcement Act of 1994 (34 U.S.C. 12601 et seq.) is
amended--
(1) in the subtitle heading, by striking ``Police''; and
(2) in section 210401(a) (34 U.S.C. 12601(a))--
(A) by striking ``by law enforcement officers or by
officials or employees of any governmental agency with
responsibility for the administration of juvenile
justice or the incarceration of juveniles'' and
inserting ``by law enforcement officers, prosecutors,
judges, officials or employees of any governmental
agency with responsibility for the administration of
juvenile justice or the incarceration of juveniles, or
other officials or employees of any governmental agency
involved in the administration of justice''; and
(B) by inserting before the period at the end the
following: ``, provided that no prosecutor shall be
deemed to have engaged in unlawful conduct under this
subsection on the basis of exercising discretion to
decline to bring criminal charges''.
(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 striking ``Whenever'' and inserting the following:
``(1) Federal enforcement.--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 the 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) Prevention of conflicts of interest.--
``(i) In general.--No official or agency
may be designated under subparagraph (A) if--
``(I) upon such designation, the
Attorney General determines there is
reason to believe--
``(aa) the official or
agency would be unable to
conduct an independent
investigation; or
``(bb) a conflict of
interest between the official
or agency and the governmental
authority under investigation
exists; or
``(II) the official is employed by
or the agency is within, as the case
may be, the governmental authority
under investigation.
``(ii) Independent organization required.--
In the case of a governmental authority under
investigation that is a State-wide office, an
independent organization that is unaffiliated
with State or local government shall be
designated under subparagraph (A).
``(C) 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) Rule of construction.--Nothing in this
paragraph shall be construed to preclude a Federal
investigation or other enforcement under this section
during the course of a State-led investigation or
claim.''.
(d) Grant Program.--
(1) State defined.--In this subsection, the term ``State''
means each of the several States, the District of Columbia, and
each commonwealth, territory, or possession of the United
States.
(2) Authorization.--The Attorney General may award grants
to States to assist such States 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) Use of funds.--A grant awarded under this subsection
may be used by a State to--
(A) conduct 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);
(B) implement and enforce law enforcement reforms
to address patterns and practices identified under such
section 210401, provided that no funds may be diverted
to law enforcement agencies for other law enforcement
operations; and
(C) develop non-law enforcement programs that
reduce dependence on law enforcement agencies, such as
funding social workers, behavioral health crisis
experts, and public safety alternatives to police
enforcement of traffic rules.
(4) Application.--To be eligible to receive a grant under
this subsection, a State 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 intends to use the
grant funds to pursue, implement, and enforce 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);
(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; and
(D) demonstrates how the State will remedy patterns
or practices of unlawful law enforcement conduct
through the creation of community-based programs
designed to address underlying challenges leading to
law enforcement interaction.
(5) Required reporting.--
(A) Grantee reporting.--Not later than 5 business
days after the last day of each quarter of each fiscal
year for which a State receives a grant under this
subsection, the State shall submit to the Attorney
General a report detailing, for that quarter--
(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 18 months
after the date of enactment of this Act, and annually
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.
(6) Accountability mechanisms.--
(A) Monitoring & evaluation.--
(i) In general.--Pursuant to rules
promulgated by the Attorney General, the
Attorney General shall--
(I) monitor the use of grant funds
by each recipient of a grant under this
subsection; and
(II) evaluate the results of
pattern or practice investigations
carried out using grants awarded under
this subsection.
(ii) Types of evaluations.--An evaluation
conducted under clause (i) may include an
independent audit or assessment of--
(I) the behavior of law enforcement
officers;
(II) the performance of a pattern
or practice investigation; or
(III) the implementation of
remedies following a pattern or
practice investigation.
(iii) Data collection.--The Attorney
General may require 1 or more recipients of
grants under this subsection to collect data on
the race, gender, socioeconomic status, and
other demographic characteristics of
individuals subject to deprivations of the
rights, privileges, or immunities secured or
protected by the Constitution or laws of the
United States.
(B) Revocation of grant.--If the Attorney General
finds, based on reporting under paragraph (5),
monitoring and evaluation under subparagraph (A) of
this paragraph, or other information, that grant funds
awarded under this subsection are being diverted to law
enforcement operations or another purpose other than
pattern or practice investigations--
(i) the Attorney General shall revoke the
grant; and
(ii) the grantee shall repay to the Federal
Government any amounts that the grantee--
(I) received through the grant; and
(II) has not obligated or expended.
(7) Authorization of appropriations.--There are authorized
to be appropriated to the Attorney General $150,000,000 for
each of fiscal years 2025 through 2034 to carry out this
subsection.
<all>