mutual-flourishing/ADPA/bills/FLEIA.md

Federal Law Enforcement Integrity Act (FLEIA)

118th Congress, 2nd Session
H.R. _____ / S. _____

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A BILL

To establish comprehensive safeguards against the politicization of federal law enforcement agencies, ensure transparent operations, and create robust accountability mechanisms for misconduct.

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 "Federal Law Enforcement Integrity Act" or "FLEIA".

Section 2. Purpose

To establish comprehensive safeguards against the politicization of federal law enforcement agencies, ensure transparent operations, and create robust accountability mechanisms for misconduct.

Title I: Political Independence & Operational Integrity

Section 101: Protection Against Political Interference

• Establishes an Independent Law Enforcement Integrity Board (ILEIB)
  • 7-member board with staggered 6-year terms
  • Bipartisan appointment process requiring Senate confirmation
  • Members must have law enforcement, civil rights, or judicial experience
  • No more than 4 members from the same political party

Section 102: Operational Safeguards

• Requires documented justification for any investigation involving:
  • Political candidates or their staff
  • Journalists and news organizations
  • Civil rights organizations
  • Religious institutions
• Mandates ILEIB review of any investigation targeting protected groups
• Prohibits retaliation against agencies refusing unlawful orders

Title II: Transparency & Accountability

Section 201: Documentation Requirements

• Mandatory body cameras for all federal agents during:
  • Arrests and searches
  • Witness interviews
  • Public interactions
  • Use of force incidents
• Footage retention for minimum of 3 years
• Public access to footage within 30 days of incidents
• Penalties for disabled or tampered equipment

Section 202: Investigation & Oversight

• Creates Office of Law Enforcement Oversight (OLEO)
  • Independent authority to investigate misconduct
  • Subpoena power for documents and testimony
  • Public reporting requirements
• Establishes public database of:
  • Use of force incidents
  • Misconduct complaints
  • Investigation outcomes
  • Settlement payments

Title III: Privacy & Surveillance Limitations

Section 301: Data Collection Restrictions & National Security Provisions

• Standard surveillance restrictions apply except:
  • Imminent threat to national security
  • Active terrorist investigations
  • Foreign intelligence operations
• Emergency exceptions require:
  • Written authorization from agency head
  • Notice to ILEIB within 24 hours
  • Judicial review within 72 hours
  • Congressional notification within 7 days
• Requires destruction of collected data after:
  • Investigation completion
  • Court-specified retention period
  • Maximum 5 years for non-criminal intelligence

Section 302: Technology & Privacy

• Mandatory impact assessments for new surveillance technology
• Prohibition on:
  • Facial recognition without warrant
  • Cell site simulators in public spaces
  • Social media monitoring without cause
• Annual privacy audits by Inspector General

Title IV: Whistleblower Protections

Section 401: Protected Disclosures

• Shields employees reporting:
  • Constitutional violations
  • Abuse of authority
  • Gross mismanagement
  • Public safety risks
• Establishes confidential reporting channels
• Creates legal defense fund for whistleblowers

Section 402: Anti-Retaliation Measures

• Prohibits:
  • Termination
  • Demotion
  • Transfer
  • Security clearance revocation
• Provides right of action in federal court
• Mandatory reinstatement pending investigation

Title V: Enforcement & Penalties

Section 501: Individual Accountability

• Personal liability for intentional violations
• Removal from service for repeat offenders
• Referral to DOJ for criminal prosecution
• Prohibition on future federal employment

Section 502: Agency Penalties

• Budget reductions for non-compliance
• Mandatory external oversight for repeat violations
• Public reporting of all penalties
• Congressional notification requirements

Title VI: Implementation & Coordination

Section 601: Timeline & Transition

• Phase 1 (120 days):
  • Begin ILEIB nomination process
  • Establish interim oversight procedures
  • Initialize agency working groups
• Phase 2 (240 days):
  • Complete ILEIB appointments
  • Deploy pilot body camera programs
  • Begin technology assessments
• Phase 3 (18 months):
  • Full implementation of all provisions
  • Complete technology upgrades
  • Finalize inter-agency protocols

Section 602: Classified Information Handling

• Creates secure channels for classified oversight
• Establishes compartmentalized reporting systems
• Provides classified annexes to public reports
• Requires quarterly classified briefings to Congress

Section 603: Inter-Agency Coordination

• Establishes Law Enforcement Coordination Council
• Requires unified compliance standards
• Creates shared resource networks
• Mandates joint training programs

Title VII: Funding & Resources

Section 701: Budget Authorization

• Initial allocation of $1.2 billion for establishment
• Annual budget of $500 million, adjusted for inflation
• Emergency fund of $100 million for unexpected needs
• Technology modernization fund of $300 million

Section 702: Resource Management

• Data storage and retention infrastructure
  • Cloud storage contracts with encryption requirements
  • Redundant backup systems
  • Automatic archiving protocols
• Technology upgrade requirements
  • Minimum hardware specifications
  • Software compatibility standards
  • Security certification requirements
• Training and personnel resources
  • Mandatory training programs
  • Technical support staff
  • Compliance officers at each agency

Section 703: Cost Recovery

• Agency charge-back systems for services
• Fee structure for FOIA requests
• Cost sharing agreements between agencies
• Grant programs for state/local compliance

Section 704: Funding Protection Mechanisms

• Multi-Year Funding Guarantees

  • 5-year minimum funding authorization
  • Automatic inflation adjustments
  • Protected status under government shutdowns
  • Exemption from sequestration

• Independent Funding Sources

  • Dedicated revenue streams from:
    • Agency regulatory fines
    • Asset forfeiture proceeds
    • Licensing fees
    • Settlement payments
  • Protected trust fund establishment

• Congressional Oversight

  • Supermajority requirement (3/5) for funding reductions
  • Mandatory GAO review of funding adequacy
  • Quarterly reports to appropriations committees
  • Independent auditor assessment

• Anti-Interference Provisions

  • Prohibition on:
    • Executive branch reprogramming
    • Agency fund diversions
    • Administrative withholding
    • Conditional release of funds
  • Criminal penalties for willful interference

• Emergency Funding Access

  • Automatic triggering mechanisms
  • Pre-approved emergency allocations
  • Rapid deployment procedures
  • No-year money designation

Title VIII: Intelligence Community Oversight

Section 801: IC Transparency and Accountability

1. Declassified Annual Reports

   • Annual public reports on domestic surveillance activities
   • Statistical overview of surveillance programs affecting US persons
   • Aggregate data on FISA court applications and approvals
   • Assessment of intelligence community compliance with civil liberties protections

2. Independent IC Oversight

   • Independent inspector general for intelligence community domestic activities
   • Bipartisan oversight board with security clearances
   • Regular audits of IC compliance with domestic surveillance restrictions
   • Public redacted reports on oversight findings

Section 802: Intelligence Whistleblower Protections

1. Enhanced IC Whistleblower Rights

   • Expanded protections for intelligence community whistleblowers
   • Direct reporting channels to Congressional intelligence committees
   • Protected disclosure procedures for classified wrongdoing
   • Anti-retaliation measures specific to intelligence personnel

2. Classified Information Handling

   • Secure channels for reporting classified violations
   • Independent review of classification decisions affecting whistleblower reports
   • Expedited declassification for public interest disclosures
   • Protection against over-classification to prevent oversight

Section 803: Community Policing Standards

1. Federal Community Policing Requirements

   • Federal law enforcement funding tied to community policing metrics
   • Mandatory community oversight boards for federal law enforcement agencies
   • Regular community engagement requirements
   • Performance metrics based on community trust and satisfaction

2. Restorative Justice Integration

   • Pilot programs for restorative justice in federal criminal justice system
   • Community-based alternatives to prosecution for non-violent offenses
   • Victim-offender mediation programs
   • Evaluation and expansion of successful restorative justice initiatives

Section 804: International Law Enforcement Cooperation

1. Democratic Standards for International Cooperation

   • Enhanced due process requirements for international law enforcement cooperation
   • Human rights assessments for foreign law enforcement partnerships
   • Transparency requirements for international law enforcement agreements
   • Protection for individuals subject to international law enforcement requests

2. Information Sharing Safeguards

   • Privacy protections for international information sharing
   • Restrictions on sharing with authoritarian regimes
   • Regular review of international law enforcement partnerships
   • Congressional oversight of significant international cooperation agreements

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This Act shall take effect immediately upon passage, with provisions implemented according to the timeline specified above.