[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6762 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 6762
To establish the Special Inspector General for Law Enforcement, and for
other purposes.
_______________________________________________________________________
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.
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 ``Special Inspector General for Law
Enforcement Act''.
SEC. 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.
SEC. 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).
SEC. 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.
SEC. 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.
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