[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3652 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3652
To establish the National Police Misuse of Force Investigation Board,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 29, 2025
Ms. Omar (for herself, Mr. Thompson of Mississippi, Ms. Norton, and Mr.
McGovern) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Transportation and Infrastructure, 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 National Police Misuse of Force Investigation Board,
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 ``National Police Misuse of Force
Investigation Board Act of 2025''.
SEC. 2. GENERAL ORGANIZATION.
(a) Organization.--The National Police Misuse of Force
Investigation Board (hereinafter in this Act referred to as the
``Board'') is an independent establishment of the United States
Government.
(b) Appointment of Members.--The Board is composed of 8 members
appointed by the President, by and with the advice and consent of the
Senate. Not more than 4 members may be appointed from the same
political party. At least 4 members shall be appointed on the basis of
technical qualification, professional standing, and demonstrated
knowledge in civil rights law, psychology, racial inequality social
theory, socioeconomics, or violent conflict mitigation.
(c) Terms of Office and Removal.--The term of office of each member
is 6 years. An individual appointed to fill a vacancy occurring before
the expiration of the term for which the predecessor of that individual
was appointed, is appointed for the remainder of that term. When the
term of office of a member ends, the member may continue to serve until
a successor is appointed and qualified. The President may remove a
member for inefficiency, neglect of duty, or malfeasance in office.
(d) Chairman and Vice Chairman.--The President shall designate, by
and with the advice and consent of the Senate, a Chairman of the Board.
The President also shall designate a Vice Chairman of the Board. The
terms of office of both the Chairman and Vice Chairman are 2 years.
When the Chairman is absent or unable to serve or when the position of
Chairman is vacant, the Vice Chairman acts as Chairman.
(e) Duties and Powers of Chairman.--The Chairman is the chief
executive and administrative officer of the Board. Subject to the
general policies and decisions of the Board, the Chairman shall--
(1) appoint and supervise officers and employees, other
than regular and full-time employees in the immediate offices
of another member, necessary to carry out this Act;
(2) fix the pay of officers and employees necessary to
carry out this Act;
(3) distribute business among the officers, employees, and
administrative units of the Board; and
(4) supervise the expenditures of the Board.
(f) Quorum.--Five members of the Board are a quorum in carrying out
duties and powers of the Board.
(g) Offices, Bureaus, and Divisions.--The Board shall establish
offices necessary to carry out this Act, including an office to
investigate and report on police brutality. The Board shall establish
distinct and appropriately staffed bureaus, divisions, or offices to
investigate and report on incidents involving each of the following:
(1) Deaths occurring in police custody.
(2) Officer-involved shootings.
(3) Uses of force that result in severe bodily injury in
police custody.
(h) Chief Financial Officer.--The Chairman shall designate an
officer or employee of the Board as the Chief Financial Officer. The
Chief Financial Officer shall--
(1) report directly to the Chairman on financial management
and budget execution;
(2) direct, manage, and provide policy guidance and
oversight on financial management and property and inventory
control; and
(3) review the fees, rents, and other charges imposed by
the Board for services and things of value it provides, and
suggest appropriate revisions to those charges to reflect costs
incurred by the Board in providing those services and things of
value.
(i) Board Member Staff.--Each member of the Board shall select and
supervise regular and full-time employees in his or her immediate
office as long as any such employee has been approved for employment by
the designated agency ethics official under the same guidelines that
apply to all employees of the Board. Except for the Chairman, the
appointment authority provided by this subsection is limited to the
number of full-time equivalent positions, in addition to 1 senior
professional staff at a level not to exceed the GS-15 level and 1
administrative staff, allocated to each member through the Board's
annual budget and allocation process.
(j) Seal.--The Board shall have a seal that shall be judicially
recognized.
(k) Content of Reports.--A report under subsection (g) shall
include the following information:
(1) The demographic data of the individual killed or
injured by police.
(2) The demographics of the officers involved.
(3) The circumstances (such as date, time, location).
(4) The reason for the stop or the initial contact with the
subject, the events leading up to the shooting or use of force
(such as search or pursuit).
(5) The outcome (such as the types of force used, charges
filed, death injury).
SEC. 3. SPECIAL BOARDS OF INQUIRY ON POLICE BRUTALITY.
(a) Establishment.--If an incident involves a substantial question
history of excessive force use, the influence of historical racial
injustice, or civil rights infringement within the community, the Board
may establish a special board of inquiry composed of--
(1) one member of the Board acting as chairman; and
(2) 2 members representing the public, appointed by the
President on notification of the establishment of the special
board of inquiry.
(b) Qualifications and Conflicts of Interest.--The public members
of a special board of inquiry must be qualified by training and
experience to participate in the inquiry and may not have a pecuniary
interest in an aviation enterprise involved in the incident to be
investigated.
(c) Authority.--A special board of inquiry has the same authority
that the Board has under this Act.
SEC. 4. ADMINISTRATIVE.
(a) General Authority.--
(1) The Board, and when authorized by it, a member of the
Board, an administrative law judge employed by or assigned to
the Board, or an officer or employee designated by the Chairman
of the Board, may conduct hearings to carry out this Act,
administer oaths, and require, by subpoena or otherwise,
necessary witnesses and evidence.
(2) A witness or evidence in a hearing under paragraph (1)
of this subsection may be summoned or required to be produced
from any place in the United States to the designated place of
the hearing. A witness summoned under this subsection is
entitled to the same fee and mileage the witness would have
been paid in a court of the United States.
(3) A subpoena shall be issued under the signature of the
Chairman or the Chairman's delegate but may be served by any
person designated by the Chairman.
(4) If a person disobeys a subpoena, order, or inspection
notice of the Board, the Board may bring a civil action in a
district court of the United States to enforce the subpoena,
order, or notice. An action under this paragraph may be brought
in the judicial district in which the person against whom the
action is brought resides, is found, or does business. The
court may punish a failure to obey an order of the court to
comply with the subpoena, order, or notice as a contempt of
court.
(b) Additional Powers.--
(1) The Board may--
(A) procure the temporary or intermittent services
of experts or consultants under section 3109 of title
5, United States Code;
(B) make agreements and other transactions
necessary to carry out this Act without regard to
section 3709 of the Revised Statutes (41 U.S.C. 5);
(C) use, when appropriate, available services,
equipment, personnel, and facilities of a department,
agency, or instrumentality of the United States
Government on a reimbursable or other basis;
(D) confer with employees and use services,
records, and facilities of State and local governmental
authorities;
(E) appoint advisory committees composed of
qualified private citizens and officials of the
Government and State and local governments as
appropriate;
(F) accept voluntary and uncompensated services
notwithstanding another law;
(G) accept gifts of money and other property;
(H) make contracts with nonprofit entities to carry
out studies related to duties and powers of the Board;
and
(I) negotiate and enter into agreements with
individuals and private entities and departments,
agencies, and instrumentalities of the government,
State and local governments, and governments of foreign
countries for the provision of facilities, incident-
related and technical services or training in police
misuse of force investigation theory and techniques,
and require that such entities provide appropriate
consideration for the reasonable costs of any
facilities, goods, services, or training provided by
the Board.
(2) The Board shall deposit in the Treasury amounts
received under paragraph (1)(I) of this subsection to be
credited as offsetting collections to the appropriation of the
Board. The Board shall maintain an annual record of collections
received under paragraph (1)(I) of this subsection.
(c) Submission of Certain Copies to Congress.--When the Board
submits to the President or the Director of the Office of Management
and Budget a budget estimate, budget request, supplemental budget
estimate, other budget information, a legislative recommendation,
prepared testimony for congressional hearings, or comments on
legislation, the Board must submit a copy to Congress at the same time.
An officer, department, agency, or instrumentality of the government
may not require the Board to submit the estimate, request, information,
recommendation, testimony, or comments to another officer, department,
agency, or instrumentality of the government for approval, comment, or
review before being submitted to Congress. The Board shall develop and
approve a process for the Board's review and comment or approval of
documents submitted to the President, Director of the Office of
Management and Budget, or Congress under this subsection.
(d) Liaison Committees.--The Chairman may determine the number of
committees that are appropriate to maintain effective liaison with
other departments, agencies, and instrumentalities of the Government,
State and local governmental authorities, and independent standard-
setting authorities that carry out programs and activities related to
misuse of force by law enforcement officers. The Board may designate
representatives to serve on or assist those committees.
(e) Inquiries.--The Board, or an officer or employee of the Board
designated by the Chairman, may conduct an inquiry to obtain
information related to police misuse of force after publishing notice
of the inquiry in the Federal Register. The Board or designated officer
or employee may require by order a department, agency, or
instrumentality of the government, a State or local governmental
authority, or a person transporting individuals or property in commerce
to submit to the Board a written report and answers to requests and
questions related to a duty or power of the Board. The Board may
prescribe the time within which the report and answers must be given to
the Board or to the designated officer or employee. Copies of the
report and answers shall be made available for public inspection.
(f) Regulations.--The Board may prescribe regulations to carry out
this Act.
(g) Overtime Pay.--
(1) In general.--Subject to the requirements of this
section and notwithstanding paragraphs (1) and (2) of section
5542(a) of title 5, for an employee of the Board whose basic
pay is at a rate which equals or exceeds the minimum rate of
basic pay for GS-10 of the General Schedule, the Board may
establish an overtime hourly rate of pay for the employee with
respect to work performed at the scene of an incident
(including travel to or from the scene) and other work that is
critical to an incident investigation in an amount equal to one
and one-half times the hourly rate of basic pay of the
employee. All of such amount shall be considered to be premium
pay.
(2) Limitation on overtime pay to an employee.--An employee
of the Board may not receive overtime pay under paragraph (1),
for work performed in a calendar year, in an amount that
exceeds 15 percent of the annual rate of basic pay of the
employee for such calendar year.
(3) Limitation on total amount of overtime pay.--The Board
may not make overtime payments under paragraph (1) for work
performed in any fiscal year in a total amount that exceeds 1.5
percent of the amount appropriated to carry out this Act for
that fiscal year.
(4) Basic pay defined.--In this subsection, the term
``basic pay'' includes any applicable locality-based
comparability payment under section 5304 of title 5 (or similar
provision of law) and any special rate of pay under section
5305 of title 5 (or similar provision of law).
(5) Annual report.--Not later than September 30, 2026, the
Board shall submit to the House Committees on the Judiciary and
Oversight and Government Reform and Senate Committees on the
Judiciary and Homeland Security and Governmental Affairs a
report identifying the total amount of overtime payments made
under this subsection in the preceding fiscal year, and the
number of employees whose overtime pay under this subsection
was limited in that fiscal year as a result of the 15 percent
limit established by paragraph (2).
(h) Investigative Officers.--The Board shall maintain at least 1
full-time employee in each State located more than 1,000 miles from the
nearest Board regional office to provide initial investigative response
to incidents the Board is empowered to investigate under this Act that
occur in that State.
SEC. 5. DISCLOSURE, AVAILABILITY, AND USE OF INFORMATION.
(a) General.--
(1) Public availability.--Except as provided in subsections
(b), (c), (d), and (f) of this section, a copy of a record,
information, or investigation submitted or received by the
Board, or a member or employee of the Board, shall be made
available to the public on identifiable request and at
reasonable cost. This subsection does not require the release
of information described by section 552(b) of title 5 or
protected from disclosure by another law of the United States.
(2) Deposit of receipts.--The Board shall deposit in the
Treasury amounts received under paragraph (1) to be credited to
the appropriation of the Board as offsetting collections.
(3) Protection of voluntary submission of information.--
Notwithstanding any other provision of law, neither the Board,
nor any agency receiving information from the Board, shall
disclose voluntarily provided safety-related information if
that information is not related to the exercise of the Board's
investigation authority under this Act and if the Board finds
that the disclosure of the information would inhibit the
voluntary provision of that type of information.
(b) Training of Board Employees and Others.--The Board may conduct
training of its employees in those subjects necessary for the proper
performance of investigations. The Board may also authorize attendance
at courses given under this subsection by other government personnel,
personnel of foreign governments, and personnel from industry or
otherwise who have a requirement for investigation training. The Board
may require non-Board personnel to reimburse some or all of the
training costs, and amounts so reimbursed shall be credited to the
appropriation of the Board as offsetting collections.
SEC. 6. REPORTS AND STUDIES.
(a) Periodic Reports.--The Board shall report periodically to
Congress, departments, agencies, and instrumentalities of the United
States Government and State and local governmental authorities
concerned with the misuse of force by public safety departments, and
other interested persons. The report shall--
(1) advocate meaningful responses to reduce the likelihood
of incidents similar to those investigated by the Board; and
(2) propose recommendations for adjudication to the local,
State and Federal Government, as well as the public.
Additionally, if the Board sees fit, it can make a wide-range of
recommendations for reforms to police procedures, adjustment to local,
State or Federal law, or manufacturing or acquisition changes related
to the weapons and equipment issued to the police force.
(b) Studies, Investigations, and Other Reports.--The Board also
shall--
(1) carry out special studies and investigations regarding
law enforcement oversight;
(2) examine techniques and methods of police misuse of
force investigation and periodically publish recommended
procedures for investigations;
(3) prescribe requirements for persons reporting incidents
that--
(A) may be investigated by the Board under this
Act; or
(B) involve public safety departments;
(4) evaluate, examine the effectiveness of, and publish the
findings of the Board about the transportation safety
consciousness of other departments, agencies, and
instrumentalities of the government and their effectiveness in
preventing such incidents; and
(5) evaluate the adequacy of safeguards and procedures for
the transportation of hazardous material and the performance of
other departments, agencies, and instrumentalities of the
government responsible for the safe transportation of that
material.
SEC. 7. ANNUAL REPORT.
The Board shall submit a report to Congress on July 1 of each year.
The report shall include--
(1) a statistical and analytical summary of all
investigations conducted and reviewed by the Board during the
prior calendar year;
(2) a survey and summary of the recommendations made by the
Board to reduce together with the observed response to each
recommendation;
(3) a detailed appraisal of the investigation and excessive
force incident prevention activities of other departments,
agencies, and instrumentalities of the United States Government
and State and local governmental authorities having
responsibility for those activities under a law of the United
States or a State; and
(4) a list of ongoing investigations that have exceeded the
expected time allotted for completion by Board order and an
explanation for the additional time required to complete each
such investigation.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated for the
purposes of this Act such sums as may be necessary.
(b) Fees, Refunds, and Reimbursements.--
(1) In general.--The Board may impose and collect such
fees, refunds, and reimbursements as it determines to be
appropriate for services provided by or through the Board.
(2) Receipts credited as offsetting collections.--
Notwithstanding section 3302 of title 31, any fee, refund, or
reimbursement collected under this subsection--
(A) shall be credited as offsetting collections to
the account that finances the activities and services
for which the fee is imposed or with which the refund
or reimbursement is associated;
(B) shall be available for expenditure only to pay
the costs of activities and services for which the fee
is imposed or with which the refund or reimbursement is
associated; and
(C) shall remain available until expended.
(3) Refunds.--The Board may refund any fee paid by mistake
or any amount paid in excess of that required.
SEC. 9. GENERAL AUTHORITY.
The Board shall investigate or have investigated (in detail the
Board prescribes) and establish the facts, circumstances, and cause or
probable cause of--
(1) deaths in police custody;
(2) officer-involved shootings; or
(3) uses of force that result in severe bodily injury in
police custody.
SEC. 10. INSPECTIONS AND AUTOPSIES.
(a) Entry and Inspection.--An officer or employee of the Board--
(1) on display of appropriate credentials and written
notice of inspection authority, may enter property where a
incident has occurred or evidence from the incident is located
and do anything necessary to conduct an investigation; and
(2) during reasonable hours, may inspect any record,
process, control, or facility related to an incident
investigation under this Act.
(b) Inspection, Testing, Preservation, and Moving of Involved
Weapons.--
(1) In investigating an incident under this Act, the Board
may inspect and test, to the extent necessary, any weapon
involved.
(2) Any weapon involved in an incident shall be preserved,
and may be moved, only as provided by regulations of the Board.
(c) Exclusive Authority of Board.--Only the Board has the authority
to decide on the way in which testing under this section will be
conducted, including decisions on the person that will conduct the
test, the type of test that will be conducted, and any individual who
will witness the test. Those decisions are committed to the discretion
of the Board. The Board shall make any of those decisions based on the
needs of the investigation being conducted and, when applicable,
subsections (a), (c), and (e) of this section.
(d) Promptness of Tests and Availability of Results.--An
inspection, examination, or test under subsection (a) or (c) of this
section shall be started and completed promptly, and the results shall
be made available.
(e) Autopsies.--
(1) The Board may order an autopsy to be performed and have
other tests made when necessary to investigate an incident
under this Act. However, local law protecting religious beliefs
related to autopsies shall be observed to the extent consistent
with the needs of the incident investigation.
(2) With or without reimbursement, the Board may obtain a
copy of an autopsy report performed by a State or local
official on an individual who died because of an incident
investigated by the Board under this Act.
SEC. 11. RESPONSES TO SAFETY RECOMMENDATIONS.
(a) General.--When the Board submits a recommendation related to
law enforcement use of force, the recipient shall give a formal written
response to each recommendation not later than 90 days after receiving
the recommendation. The response shall indicate whether the recipient
intends--
(1) to carry out procedures to adopt the complete
recommendation;
(2) to carry out procedures to adopt a part of the
recommendation; or
(3) to refuse to carry out procedures to adopt the
recommendation.
(b) Timetable for Completing Procedures and Reasons for Refusals.--
A response under subsection (a)(1) or (2) of this section shall include
a copy of a proposed timetable for completing the procedures. A
response under subsection (a)(2) of this section shall detail the
reasons for the refusal to carry out procedures on the remainder of the
recommendation. A response under subsection (a)(3) of this section
shall detail the reasons for the refusal to carry out procedures.
(c) Public Availability.--The Board shall make a copy of each
recommendation and response available to the public.
(d) Reporting Requirements.--
(1) Annual secretarial regulatory status reports.--On
February 1 of each year, the Attorney General shall submit a
report to Congress and the Board containing the regulatory
status of each recommendation made by the Board that is on the
Board's ``most wanted list''. The Attorney General shall
continue to report on the status of each such recommendation in
the report due on February 1 of subsequent years.
(2) Failure to report.--If on March 1 of each year the
Board has not received the Attorney General's report required
by this subsection, the Board shall notify the Committee on the
Judiciary of the House of Representatives and the Committee on
the Judiciary of the Senate of the Attorney General's failure
to submit the required report.
(3) Compliance report with recommendations.--Within 90 days
after the date on which the Attorney General submits a report
under this subsection, the Board shall review the Attorney
General's report and transmit comments on the report to the
Attorney General, the Committee on the Judiciary of the Senate,
and the Committee on the Judiciary of the House of
Representatives.
SEC. 12. ASSISTANCE TO CIVILIANS AND FAMILIES OF CIVILIANS OF INCIDENTS
UNDER INVESTIGATION BY THE BOARD.
(a) In General.--As soon as practicable after being notified of an
incident within the United States involving the loss of life or serious
injury to a civilian resulting from an interaction with law enforcement
officers the Chairman of the Board shall--
(1) designate and publicize the name and phone number of a
director of family support services who shall be an employee of
the Board and shall be responsible for acting as a point of
contact within the Federal Government for civilians and the
families of civilians involved in the incident; and
(2) designate an independent nonprofit organization, with
experience in post-trauma communication with civilians and
families, which shall have primary responsibility for
coordinating the emotional care and support of civilians or the
families of civilians involved in the incident.
(b) Responsibilities of Designated Organization.--The organization
designated for an incident under subsection (a)(2) shall have the
following responsibilities with respect to the civilians and families
of civilians involved in the incident:
(1) To provide mental health and counseling services.
(2) To take such actions as may be necessary to provide an
environment in which the civilians and families may grieve in
private.
(3) To meet with the families who have traveled to the
location of the incident, to contact the families unable to
travel to such location, and to contact all affected civilians
and families periodically thereafter until such time as the
organization, in consultation with the director of family
support services designated for the incident under subsection
(a)(1), determines that further assistance is no longer needed.
(4) To communicate with the civilians families as to the
roles of the organization, government agencies, and parties
involved with respect to the incident and the postincident
activities.
(c) Continuing Responsibilities of the Board.--In the course of its
investigation described in subsection (a), the Board shall, to the
maximum extent practicable, ensure that the families of individuals
involved--
(1) are briefed, prior to any public briefing, about the
incident and any other findings from the investigation; and
(2) are individually informed of and allowed to attend any
public hearings and meetings of the Board about the incident.
(d) Prohibited Actions.--
(1) Actions to impede the board.--No person (including a
State or political subdivision) may impede the ability of the
Board (including the director of family support services
designated for an incident under subsection (a)(1)), or an
organization designated for an incident under subsection
(a)(2), to carry out its responsibilities under this section or
the ability of the families of those involved in the accident
to have contact with one another.
(2) Prohibition on actions to prevent mental health and
counseling services.--No State or political subdivision thereof
may prevent the employees, agents, or volunteers of an
organization designated for an incident under subsection (a)(2)
from providing mental health and counseling services under
subsection (c)(1) in the 30-day period beginning on the date of
the incident. The director of family support services
designated for the incident under subsection (a)(1) may extend
such period for not to exceed an additional 30 days if the
director determines that the extension is necessary to meet the
needs of the families and if State and local authorities are
notified of the determination.
(e) Statutory Construction.--Nothing in this section may be
construed as limiting the actions that a law enforcement department or
local unit of government may take, or the obligations that an such
department or unit of local government may have, in providing
assistance to the civilian who is injured or a family member of
civilian who is killed resulting from an interaction with law
enforcement officers.
(f) Relinquishment of Investigative Priority.--
(1) General rule.--This section (other than subsection (g))
shall not apply to an incident involving use of force by a law
enforcement officer if the Board has relinquished investigative
priority and the Federal agency to which the Board relinquished
investigative priority is willing and able to provide
assistance to the victims and families involved in the
incident.
(2) Board assistance.--If this section does not apply to an
incident involving use of force by a law enforcement officer
because the Board has relinquished investigative priority with
respect to the accident, the Board shall assist, to the maximum
extent possible, the agency to which the Board has relinquished
investigative priority in assisting families with respect to
the accident.
SEC. 13. AUTHORITY OF THE INSPECTOR GENERAL.
(a) In General.--The Inspector General of the Department of
Justice, in accordance with the mission of the Inspector General to
prevent and detect fraud and abuse, shall have authority to review only
the financial management, property management, and business operations
of the Board, including internal accounting and administrative control
systems, to determine compliance with applicable Federal laws, rules,
and regulations.
(b) Duties.--In carrying out this section, the Inspector General
shall--
(1) keep the Chairman of the Board and Congress fully and
currently informed about problems relating to administration of
the internal accounting and administrative control systems of
the Board;
(2) issue findings and recommendations for actions to
address such problems; and
(3) report periodically to Congress on any progress made in
implementing actions to address such problems.
(c) Access to Information.--In carrying out this section, the
Inspector General may exercise authorities granted to the Inspector
General under subsections (a) and (b) of section 6 of the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Authorizations of Appropriations.--
(1) Funding.--There are authorized to be appropriated to
the Attorney General for use by the Inspector General of the
Department of Justice such sums as may be necessary to cover
expenses associated with activities pursuant to the authority
exercised under this section.
(2) Reimbursable agreement.--In the absence of an
appropriation under this subsection for an expense referred to
in paragraph (1), the Inspector General and the Board shall
have a reimbursable agreement to cover such expense.
SEC. 14. EVALUATION AND AUDIT OF BOARD.
(a) In General.--To promote economy, efficiency, and effectiveness
in the administration of the programs, operations, and activities of
the Board, the Comptroller General of the United States shall evaluate
and audit the programs and expenditures of the Board. Such evaluation
and audit shall be conducted at least annually, but may be conducted as
determined necessary by the Comptroller General or the appropriate
congressional committees.
(b) Responsibility of Comptroller General.--The Comptroller General
shall evaluate and audit Board programs, operations, and activities,
including--
(1) information management and security, including privacy
protection of personally identifiable information;
(2) resource management;
(3) workforce development;
(4) procurement and contracting planning, practices and
policies;
(5) the extent to which the Board follows leading practices
in selected management areas; and
(6) the extent to which the Board addresses management
challenges in completing incident investigations.
(c) Appropriate Congressional Committees.--For purposes of this
section the term ``appropriate congressional committees'' means the
Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives.
SEC. 15. DISCOVERY AND USE OF RECORDINGS AND TRANSCRIPTS.
(a) Transcripts and Recordings.--
(1) Except as provided by this subsection, a party in a
judicial proceeding may not use discovery to obtain any part of
a recording from a body camera used by a law enforcement
officer or a vehicle-mounted camera.
(2)(A) Except as otherwise provided in this subsection, a
court may allow discovery by a party of a recording if the
court determines that discovery of the recording is necessary
to provide the party with sufficient information for the party
to receive a fair trial.
(B) A court may allow discovery, or require production for
an in camera review, of a transcript of a recording only if the
recording is not available.
(3)(A) When a court allows discovery in a judicial
proceeding of a part of a transcript or recording not otherwise
made available to the public the court shall issue a protective
order--
(i) to limit the use of the part of the transcript
or the recording to the judicial proceeding; and
(ii) to prohibit dissemination of the part of the
transcript or the recording to any person that does not
need access to the part of the transcript or the
recording for the proceeding.
(B) A court may allow a part of a transcript or recording
to be admitted into evidence in a judicial proceeding, only if
the court places the part of the transcript or the recording
under seal to prevent the use of the part of the transcript or
the recording for purposes other than for the proceeding.
(4) This subsection does not prevent the Board from
referring at any time to a recording in making safety
recommendations.
(5) In this subsection:
(A) Recorder.--The term ``recorder'' means a voice
or video recorder.
(B) Transcript.--The term ``transcript'' includes
any written depiction of visual information obtained
from a video recorder.
(b) Reports.--No part of a report of the Board, related to an
incident or an investigation of an incident, may be admitted into
evidence or used in a civil action for damages resulting from a matter
mentioned in the report.
SEC. 16. ENFORCEMENT.
At any time, the Department of Justice Civil Rights Divisions can
open a Pattern-or-Practice Investigation, citing the lack of progress
on the impelmentation of recommendations by a recipient as possible
evidence of a systematic pattern of abuse, and take direct enforcement
action if needed.
SEC. 17. GRANT ELIGIBILITY.
(a) General Requirements.--For each fiscal year after the
expiration of the period specified in subsection (d) 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 (42 U.S.C. 3750
et seq.), the State or unit of local government shall conform their
laws as follows:
(1) Any findings or recommendations issued by the Board
will be admissible in criminal or civil court procedures
regarding an incident of violence by a law enforcement officer.
(2) If prosecution or a civil case moves forward against
the police officer or officers in question, the findings of the
Board may be presented to the jury.
(3) Additionally, any police department, locality or state
government that has received reform recommendations from the
Board shall submit a report to the Board and to Congress one
calendar year later detailing the actions it has taken on the
matter, and will continue to report yearly so long as any
recommendations remain open.
(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 60 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, at the discretion of the Attorney General, be
subject to a reduction of the funds that would otherwise be
allocated for that fiscal year to the State under subpart 1 of
part E of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3750 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 of not less than 1 percent and not
more than 10 percent.
(c) Reallocation.--Amounts not allocated under a program referred
to in subsection (b)(2) to a State for failure to fully comply with
subsection (a) shall be reallocated under that program to States that
have not failed to comply with such subsection.
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