34 U.S.C. § 60907 — Procedures to promote compliance
submitted 4 years ago by Pub. L. 117-164 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 219 words · no verdicts yet
Each agency had one year to write rules enforcing this chapter’s compliance requirements. The rules must include training, discipline for violations, and a process for resolving complaints. The agency head makes the final decision on a complaint, and the complainant cannot have that decision reviewed by a court.
(a) Regulations. No later than one year after August 3, 2022, the head of each agency* had to issue regulations to enforce a designated person’s right to request a review under this chapter and to make sure the agency complies with the obligations described in this chapter.
(b) Procedures. The regulations must:
(1) designate an administrative authority within the agency to receive and investigate complaints about a review started under section 60901 of this title or a reinvestigation started under section 60903 of this title;
(2) require training for appropriate agency employees and officers about the procedures, responsibilities, and obligations required under this chapter;
(3) include disciplinary sanctions, which may include suspension or termination from employment, for agency employees shown to have willfully or wantonly failed to comply with this chapter;
(4) provide a process for resolving complaints filed by a designated person* about how the agency handled a cold case murder* investigation or the evaluation of the case file; and
(5) provide that the head of the agency, or the head’s designee, is the final decision-maker on the complaint. The regulations must also provide that the complainant cannot have the agency head’s final decision reviewed by a court.
Not later than one year after August 3, 2022, the head of each agency* shall promulgate regulations to enforce the right of a designated person* to request a review under this chapter and to ensure compliance by the agency with the obligations described in this chapter.
The regulations promulgated under subsection (a) shall—
designate an administrative authority within the agency to receive and investigate complaints relating to a review initiated under section 60901 of this title or a reinvestigation initiated under section 60903 of this title;
require a course of training for appropriate employees and officers within the agency regarding the procedures, responsibilities, and obligations required under this chapter;
contain disciplinary sanctions, which may include suspension or termination from employment, for employees of the agency who are shown to have willfully or wantonly failed to comply with this chapter;
provide a procedure for the resolution of complaints filed by the designated person concerning the agency’s handling of a cold case murder* investigation or the case file evaluation; and
provide that the head of the agency, or the designee thereof, shall be the final arbiter of the complaint, and that there shall be no judicial review of the final decision of the head of the agency by a complainant.
Source credit: (Pub. L. 117–164, § 8, Aug. 3, 2022, 136 Stat. 1360.)
- 2022Enacted · Pub. L. 117-164 · 136 Stat. 1360
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-164 on 2022-08-03.
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