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Code · BILL · 117th Congress · H.R. 3732 (Introduced in House) — To reform pattern or practice investigations conducted by the Department of Justice, and for other purposes. · Sec. 3

Sec. 3. Funding for pattern or practice investigations

839 words·~4 min read·/bill/117/hr/3732/ih/section-3

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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 2021 through 2030, of which not less than $100,000,000 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 ). Section 210401(a) of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12601(a) ) is amended by inserting including a prosecutor, court, or other agency involved in the administration of justice, before to engage .
Section 210401(b) of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12601(b) ) is amended— by inserting
(1)before Federal enforcement .— Whenever ; in paragraph (1), as so designated, by striking paragraph
(1)and inserting subsection
(a); and by adding at the end the following: 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 a 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. No official or agency may be designated under subparagraph
(A)if— upon such designation, the Attorney General determines there is reason to believe— the official or agency would be unable to conduct an independent investigation; or a conflict of interest between the official or agency and the jurisdiction under investigation exists; or the official is employed by or the agency is within, as the case may be, the jurisdiction under investigation. In the case of a jurisdiction 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). 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. 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. . 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. 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 ). A grant awarded under this subsection may be used by a State to— 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 ); implement and enforce law enforcement reforms to address patterns and practices identified under such section 210401; and develop non-law enforcement programs that reduce dependence on law enforcement agencies, such as funding social workers or behavioral health crisis experts. To be eligible to receive a grant under this subsection, a State shall submit an application to the Attorney General that— contains clearly defined and measurable objectives for the grant funds; 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 ); 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 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. In each fiscal year a State receives a grant under this subsection, the State shall submit to the Attorney General a report detailing— how the grant funds were used; and 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 ). Not later than 1 year after the date of enactment of this Act, and once each year 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— a detailed summary of how grant funds awarded under the grant program were used; and recommendations, if any, for improvements needed for the grant program. There are authorized to be appropriated to the Attorney General $150,000,000 for each of fiscal years 2021 through 2030 to carry out this subsection.
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Sec. 3
Funding for pattern or practice investigations
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