G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML ..................................................................... (Original Signature of Member) H. R. ll 116TH CONGRESS 2D SESSION To hold law enforcement accountable for misconduct in court, improve transparency through data collection, and reform police training and policies. IN THE HOUSE OF REPRESENTATIVES Ms. BASS (for herself and Mr. NADLER) introduced the following bill; which was referred to the Committee on lllllllllllllll A BILL To hold law enforcement accountable for misconduct in court, improve transparency through data collection, and reform police training and policies. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 4 (a) SHORT TITLE.—This Act may be cited as the 5 ‘‘Justice in Policing Act of 2020’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 2 TITLE I—POLICE ACCOUNTABILITY Subtitle A—Holding Police Accountable in the Courts Sec. Sec. Sec. Sec. 101. 102. 103. 104. Deprivation of rights under color of law. Qualified immunity reform. Pattern and practice investigations. Independent investigations. Subtitle B—Law Enforcement Trust and Integrity Act Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 111. 112. 113. 114. 115. 116. 117. 118. Short title. Definitions. Accreditation of law enforcement agencies. Law enforcement grants. Attorney General to conduct study. Authorization of appropriations. National task force on law enforcement oversight. Federal data collection on law enforcement practices. TITLE II—POLICING TRANSPARENCY THROUGH DATA Subtitle A—National Police Misconduct Registry Sec. 201. Establishment of National Police Misconduct Registry. Sec. 202. Certification requirements for hiring of law enforcement officers. Subtitle B—PRIDE Act Sec. Sec. Sec. Sec. Sec. Sec. Sec. 221. 222. 223. 224. 225. 226. 227. Short title. Definitions. Use of force reporting. Use of force data reporting. Compliance with reporting requirements. Federal law enforcement reporting. Authorization of appropriations. TITLE III—IMPROVING POLICE TRAINING AND POLICIES Subtitle A—End Racial and Religious Profiling Act Sec. 301. Short title. Sec. 302. Definitions. PART I—PROHIBITION OF RACIAL PROFILING Sec. 311. Prohibition. Sec. 312. Enforcement. PART II—PROGRAMS TO ELIMINATE RACIAL PROFILING BY FEDERAL LAW ENFORCEMENT AGENCIES Sec. 321. Policies to eliminate racial profiling. PART III—PROGRAMS TO ELIMINATE RACIAL PROFILING BY STATE LOCAL LAW ENFORCEMENT AGENCIES AND Sec. 331. Policies required for grants. Sec. 332. Involvement of Attorney General. g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 3 Sec. 333. Data collection demonstration project. Sec. 334. Development of best practices. Sec. 335. Authorization of appropriations. PART IV—DATA COLLECTION Sec. 341. Attorney General to issue regulations. Sec. 342. Publication of data. Sec. 343. Limitations on publication of data. PART V—DEPARTMENT OF JUSTICE REGULATIONS AND REPORTS RACIAL PROFILING IN THE UNITED STATES ON Sec. 351. Attorney General to issue regulations and reports. Subtitle B—Additional Reforms Sec. Sec. Sec. Sec. Sec. Sec. 361. 362. 363. 364. 365. 366. Training on racial bias and duty to intervene. Ban on no-knock warrants in drug cases. Incentivizing banning of chokeholds and carotid holds. PEACE Act. Stop Militarizing Law Enforcement Act. Best practices for local law enforcement agencies. Subtitle C—Law Enforcement Body Cameras PART I—FEDERAL POLICE CAMERA AND ACCOUNTABILITY ACT Sec. 371. Short title. Sec. 372. Requirements for federal uniformed officers regarding the use of body cameras. Sec. 373. Patrol vehicles with in-car video recording cameras. Sec. 374. Facial recognition technology. Sec. 375. GAO study. Sec. 376. Regulations. Sec. 377. Rule of construction. PART II—POLICE CAMERA ACT Sec. 381. Short title. Sec. 382. Law enforcement body-worn camera requirements. TITLE IV—JUSTICE FOR VICTIMS OF LYNCHING ACT Sec. 401. Short title. Sec. 402. Findings. Sec. 403. Lynching. TITLE V—MISCELLANEOUS PROVISIONS Sec. 501. Severability. Sec. 502. Savings clause. 1 SEC. 2. DEFINITIONS. 2 In this Act: g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 4 1 (1) GRANT PROGRAM.—The term 2 ‘‘Byrne grant program’’ means any grant program 3 under subpart 1 of part E of title I of the Omnibus 4 Crime Control and Safe Streets Act of 1968 (34 5 U.S.C. 10151 et seq.), without regard to whether 6 the funds are characterized as being made available 7 under the Edward Byrne Memorial State and Local 8 Law Enforcement Assistance Programs, the Local 9 Government Law Enforcement Block Grants Pro- 10 gram, the Edward Byrne Memorial Justice Assist- 11 ance Grant Program, or otherwise. 12 (2) COPS GRANT PROGRAM.—The term ‘‘COPS 13 grant program’’ means the grant program author- 14 ized under section 1701 of title I of the Omnibus 15 Crime Control and Safe Streets Act of 1968 (34 16 U.S.C. 10381). 17 (3) FEDERAL LAW ENFORCEMENT AGENCY.— 18 The term ‘‘Federal law enforcement agency’’ means 19 any agency of the United States authorized to en- 20 gage in or supervise the prevention, detection, inves- 21 tigation, or prosecution of any violation of Federal 22 criminal law. 23 24 (4) FEDERAL 22:21 Jun 07, 2020 LAW ENFORCEMENT OFFICER.— The term ‘‘Federal law enforcement officer’’ has the g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 BYRNE Jkt 000000 (765191 4) PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 5 1 meaning given the term in section 115 of title 18, 2 United States Code. 3 (5) INDIAN term ‘‘Indian Tribe’’ 4 has the meaning given the term ‘‘Indian tribe’’ in 5 section 901 of title I of the Omnibus Crime Control 6 and Safe Streets Act of 1968 (34 U.S.C. 10251). 7 (6) LOCAL LAW ENFORCEMENT OFFICER.—The 8 term ‘‘local law enforcement officer’’ means any offi- 9 cer, agent, or employee of a State or unit of local 10 government authorized by law or by a government 11 agency to engage in or supervise the prevention, de- 12 tection, or investigation of any violation of criminal 13 law. 14 (7) STATE.—The term ‘‘State’’ has the mean- 15 ing given the term in section 901 of title I of the 16 Omnibus Crime Control and Safe Streets Act of 17 1968 (34 U.S.C. 10251). 18 (8) TRIBAL LAW ENFORCEMENT OFFICER.— 19 The term ‘‘tribal law enforcement officer’’ means 20 any officer, agent, or employee of an Indian tribe, or 21 the Bureau of Indian Affairs, authorized by law or 22 by a government agency to engage in or supervise 23 the prevention, detection, or investigation of any vio- 24 lation of criminal law. g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 TRIBE.—The 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 6 4 TITLE I—POLICE ACCOUNTABILITY Subtitle A—Holding Police Accountable in the Courts 5 SEC. 101. DEPRIVATION OF RIGHTS UNDER COLOR OF LAW. 6 Section 242 of title 18, United States Code, is 1 2 3 7 amended— 8 (1) by striking ‘‘willfully’’ and inserting ‘‘know- 9 ingly or with reckless disregard’’; and 10 (2) by adding at the end the following: ‘‘For 11 purposes of this section, an act shall be considered 12 to be death resulting if the act was a substantial fac- 13 tor contributing to the death of the person.’’. 14 SEC. 102. QUALIFIED IMMUNITY REFORM. 15 Section 1979 of the Revised Statutes of the United 16 States (42 U.S.C. 1983) is amended by adding at the end 17 the following: ‘‘It shall not be a defense or immunity to 18 any action brought under this section against a local law 19 enforcement officer (as defined in section 2 of the Justice 20 in Policing Act of 2020) or a State correctional officer 21 (as defined in section 1121(b) of title 18, United States 22 Code) that— 23 ‘‘(1) the defendant was acting in good faith, or 24 that the defendant believed, reasonably or otherwise, g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 7 1 that his or her conduct was lawful at the time when 2 the conduct was committed; or 3 ‘‘(2) the rights, privileges, or immunities se- 4 cured by the Constitution and laws were not clearly 5 established at the time of their deprivation by the 6 defendant, or that at this time, the state of the law 7 was otherwise such that the defendant could not rea- 8 sonably have been expected to know whether his or 9 her conduct was lawful.’’. 10 SEC. 103. PATTERN AND PRACTICE INVESTIGATIONS. 11 (a) SUBPOENA AUTHORITY.—Section 210401 of the 12 Violent Crime Control and Law Enforcement Act of 1994 13 (34 U.S.C. 12601) is amended— 14 15 (1) in subsection (b), by striking ‘‘paragraph (1)’’ and inserting ‘‘subsection (a)’’; and 16 17 (2) by adding at the end the following: ‘‘(c) SUBPOENA AUTHORITY.—In carrying out the 18 authority in subsection (b), the Attorney General may re19 quire by subpoena the production of all information, docu20 ments, reports, answers, records, accounts, papers, and 21 other data in any medium (including electronically stored 22 information), as well as any tangible thing and documen23 tary evidence, and the attendance and testimony of wit24 nesses necessary in the performance of the Attorney Gen25 eral under subsection (b). Such a subpoena, in the case g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 8 1 of contumacy or refusal to obey, shall be enforceable by 2 order of any appropriate district court of the United 3 States.’’. 4 (b) GRANT PROGRAM.— 5 (1) GRANTS Attorney Gen- 6 eral may award a grant to a State to assist the 7 State in conducting pattern and practice investiga- 8 tions at the State level. 9 (2) ELIGIBILITY.—In order for a State to be el- 10 igible for a grant under paragraph (1), the attorney 11 general of the State, or similar State official, shall 12 have the authority to conduct pattern and practice 13 investigations, as described in section 210401 of the 14 Violent Crime Control and Law Enforcement Act of 15 1994 (34 U.S.C. 12601), of governmental agencies 16 in the State. 17 (3) APPLICATION.—A State seeking a grant 18 under paragraph (1) shall submit an application in 19 such form, at such time, and containing such infor- 20 mation as the Attorney General may require. 21 (4) FUNDING.—There are authorized to be ap- 22 propriated $100,000,000 to the Attorney General for 23 each of fiscal years 2020 through 2022 to carry out 24 this subsection. g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 AUTHORIZED.—The 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 9 1 SEC. 104. INDEPENDENT INVESTIGATIONS. 2 (a) IN GENERAL.— 3 (1) DEFINITIONS.—In this subsection: 4 (A) DEADLY term ‘‘deadly 5 force’’ means that force which a reasonable per- 6 son would consider likely to cause death or seri- 7 ous bodily harm. 8 (B) INDEPENDENT PROSECUTION.—The 9 term ‘‘independent prosecution’’, with respect to 10 a criminal investigation or prosecution of a law 11 enforcement officer’s use of deadly force, in- 12 cludes using one or more of the following: 13 (i) Using an agency or civilian review 14 board that investigates and independently 15 reviews all officer use of force allegations. 16 (ii) Assigning the attorney general of 17 the State in which the alleged crime was 18 committed to conduct the criminal inves- 19 tigation and prosecution. 20 (iii) Adopting a procedure under 21 which an automatic referral is made to a 22 special prosecutor appointed and overseen 23 by the attorney general of the State in 24 which the alleged crime was committed. 25 (iv) Adopting a procedure under 26 which an independent prosecutor is as- g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 FORCE.—The 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 10 1 signed to investigate and prosecute the 2 case. 3 (v) Having law enforcement agencies 4 agree to and implement memoranda of un- 5 derstanding with other law enforcement 6 agencies under which the other law en- 7 forcement agencies— 8 (I) shall conduct the criminal in- 9 vestigation; and 10 (II) upon conclusion of the crimi- 11 nal investigation, shall file a report 12 with the attorney general of the State 13 containing a determination regarding 14 whether— 15 (aa) the use of deadly force 16 was appropriate; and 17 (bb) any action should be 18 taken by the attorney general of 19 the State. 20 (vi) Using an independent prosecutor. 21 (C) INDEPENDENT 22 ENFORCEMENT 23 pendent prosecution of law enforcement stat- 24 ute’’ means a statute requiring an independent 25 prosecution in a criminal matter in which— g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 PROSECUTION OF LAW 22:21 Jun 07, 2020 Jkt 000000 STATUTE.—The term ‘‘inde- (765191 4) PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 11 1 (i) one or more of the possible defend- 2 ants is a law enforcement officer; 3 (ii) one or more of the alleged offenses 4 involves the law enforcement officer’s use 5 of deadly force in the course of carrying 6 out that officer’s duty; and 7 (iii) the law enforcement officer’s use 8 of deadly force resulted in a death or in- 9 jury. 10 (D) PROSECUTOR.—The 11 term ‘‘independent prosecutor’’ means, with re- 12 spect to a criminal investigation or prosecution 13 of a law enforcement officer’s use of deadly 14 force, a prosecutor who— 15 (i) does not oversee or regularly rely 16 on the law enforcement agency by which 17 the law enforcement officer under inves- 18 tigation is employed; and 19 (ii) would not be involved in the pros- 20 ecution in the ordinary course of that pros- 21 ecutor’s duties. 22 (2) GRANT PROGRAM.—The Attorney General 23 may award grants to eligible States and Indian 24 Tribes to assist in implementing an independent 25 prosecution of law enforcement statute. g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 INDEPENDENT 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 12 1 (3) ELIGIBILITY.—To be eligible for a grant 2 under this subsection, a State shall, as of the last 3 day of the prior fiscal year, have enacted and have 4 in effect an independent prosecution of law enforce- 5 ment statute. 6 (4) AUTHORIZATION OF APPROPRIATIONS.— 7 There are authorized to be appropriated to the At- 8 torney General $750,000,000 for fiscal years 2020 9 through 2022 to carry out this subsection. 10 11 (b) COPS GRANT PROGRAM USED FOR CIVILIAN REVIEW BOARDS.—Part Q of title I of the of the Omnibus 12 Crime Control and Safe Streets Act of 1968 (34 U.S.C. 13 10381 et seq.) is amended— 14 (1) in section 1701(b) (34 U.S.C. 10381(b))— 15 (A) by redesignating paragraphs (22) and 16 (23) as paragraphs (23) and (24), respectively; 17 (B) in paragraph (23), as so redesignated, 18 by striking ‘‘(21)’’ and inserting ‘‘(22)’’; and 19 (C) by inserting after paragraph (21) the 20 following: 21 ‘‘(22) to develop best practices for and to create 22 civilian review boards;’’; and 23 24 (2) in section 1709 (34 U.S.C. 10389), by adding at the end the following: g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 13 1 ‘‘(8) ‘civilian review board’ means an adminis- 2 trative entity that— 3 ‘‘(A) is independent and adequately fund- 4 ed; 5 ‘‘(B) has investigatory authority and staff 6 subpoena power; 7 ‘‘(C) has representative community diver- 8 sity; 9 ‘‘(D) has policy making authority; 10 ‘‘(E) provides advocates for civilian com- 11 plainants; 12 ‘‘(F) has mandatory police power to con- 13 duct hearings; and 14 ‘‘(G) conducts statistical studies on pre- 15 vailing complaint trends.’’. Subtitle B—Law Enforcement Trust and Integrity Act 16 17 18 SEC. 111. SHORT TITLE. 19 This subtitle may be cited as the ‘‘Law Enforcement 20 Trust and Integrity Act of 2020’’. 21 SEC. 112. DEFINITIONS. 22 In this subtitle: 23 (1) COMMUNITY-BASED 24 term ‘‘community-based organization’’ means a 25 grassroots organization that monitors the issue of g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 ORGANIZATION.—The 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 14 1 police misconduct and that has a national presence 2 and membership, such as the National Association 3 for the Advancement of Colored People (NAACP), 4 the American Civil Liberties Union (ACLU), the 5 National Council of La Raza, the National Urban 6 League, the National Congress of American Indians, 7 or the National Asian Pacific American Legal Con- 8 sortium (NAPALC). 9 (2) LAW 10 NIZATION.—The 11 tion organization’’ means a professional law enforce- 12 ment organization involved in the development of 13 standards of accreditation for law enforcement agen- 14 cies at the national, State, regional, or tribal level, 15 such as the Commission on Accreditation for Law 16 Enforcement Agencies (CALEA). 17 (3) LAW term ‘‘law enforcement accredita- ENFORCEMENT AGENCY.—The term 18 ‘‘law enforcement agency’’ means a State, local, In- 19 dian tribal, or campus public agency engaged in the 20 prevention, detection, or investigation, prosecution, 21 or adjudication of violations of criminal laws. 22 (4) PROFESSIONAL LAW ENFORCEMENT ASSO- 23 CIATION.—The 24 association’’ means a law enforcement membership 25 association that works for the needs of Federal, g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 ENFORCEMENT ACCREDITATION ORGA- 22:21 Jun 07, 2020 Jkt 000000 term ‘‘professional law enforcement (765191 4) PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 15 1 State, local, or Indian tribal law enforcement agen- 2 cies and with the civilian community on matters of 3 common interest, such as the Hispanic American 4 Police Command Officers Association (HAPCOA), 5 the National Asian Pacific Officers Association 6 (NAPOA), the National Black Police Association 7 (NBPA), the National Latino Peace Officers Asso- 8 ciation (NLPOA), the National Organization of 9 Black Law Enforcement Executives (NOBLE), 10 Women in Law Enforcement, the Native American 11 Law Enforcement Association (NALEA), the Inter- 12 national Association of Chiefs of Police (IACP), the 13 National Sheriffs’ Association (NSA), the Fraternal 14 Order of Police (FOP), and the National Association 15 of School Resource Officers. 16 (5) PROFESSIONAL 17 NIZATION.—The 18 organization’’ means a membership organization 19 formed to address and advance the cause of civilian 20 oversight of law enforcement and whose members 21 are from Federal, State, regional, local, or tribal or- 22 ganizations that review issues or complaints against 23 law enforcement agencies or individuals, such as the 24 National Association for Civilian Oversight of Law 25 Enforcement (NACOLE). g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 CIVILIAN OVERSIGHT ORGA- 22:21 Jun 07, 2020 Jkt 000000 term ‘‘professional civilian oversight (765191 4) PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 16 1 SEC. 113. ACCREDITATION OF LAW ENFORCEMENT AGEN- 2 3 CIES. (a) STANDARDS.— 4 (1) INITIAL Attorney General 5 shall perform an initial analysis of existing accredi- 6 tation standards and methodology developed by law 7 enforcement accreditation organizations nationwide, 8 including national, State, regional, and tribal accred- 9 itation organizations. Such an analysis shall include 10 a review of the recommendations of the Final Report 11 of the President’s Taskforce on 21st Century Polic- 12 ing, issued in May 2015. 13 (2) DEVELOPMENT OF UNIFORM STANDARDS.— 14 After completion of the initial review and analysis 15 under paragraph (1), the Attorney General shall— 16 (A) recommend, in consultation with law 17 enforcement accreditation organizations, the 18 adoption of additional standards that will result 19 in greater community accountability of law en- 20 forcement agencies and an increased focus on 21 policing with a guardian mentality, including 22 standards relating to— 23 (i) early warning systems and related 24 intervention programs; 25 (ii) use of force procedures; 26 (iii) civilian review procedures; g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 ANALYSIS.—The 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 17 1 (iv) traffic and pedestrian stop and 2 search procedures; 3 (v) data collection and transparency; 4 (vi) administrative due process re- 5 quirements; 6 (vii) video monitoring technology; 7 (viii) juvenile justice and school safe- 8 ty; and 9 (ix) training; and 10 (B) recommend additional areas for the 11 development of national standards for the ac- 12 creditation of law enforcement agencies in con- 13 sultation with existing law enforcement accredi- 14 tation organizations, professional law enforce- 15 ment associations, labor organizations, commu- 16 nity-based organizations, and professional civil- 17 ian oversight organizations. 18 (3) CONTINUING 19 The Attorney General shall adopt policies and proce- 20 dures to partner with law enforcement accreditation 21 organizations, professional law enforcement associa- 22 tions, labor organizations, community-based organi- 23 zations, and professional civilian oversight organiza- 24 tions to continue the development of further accredi- 25 tation standards consistent with paragraph (2) and g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 ACCREDITATION PROCESS.— 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 18 1 to encourage the pursuit of accreditation of Federal, 2 State, local, and tribal law enforcement agencies by 3 certified law enforcement accreditation organiza- 4 tions. 5 (b) USE OF FUNDS REQUIREMENTS.—Section 6 502(a) of title I of the Omnibus Crime Control and Safe 7 Streets Act of 1968 (34 U.S.C. 10153(a)) is amended by 8 adding at the end the following: 9 ‘‘(7) An assurance that, for each fiscal year 10 covered by an application, the applicant will use not 11 less than 5 percent of the total amount of the grant 12 award for the fiscal year to assist law enforcement 13 agencies of the applicant, including campus public 14 safety departments, gain or maintain accreditation 15 from certified law enforcement accreditation organi- 16 zations in accordance with section 113 of the Law 17 Enforcement Trust and Integrity Act of 2020.’’. 18 SEC. 114. LAW ENFORCEMENT GRANTS. 19 (a) USE OF FUNDS REQUIREMENT.—Section 502(a) 20 of title I of the Omnibus Crime Control and Safe Streets 21 Act of 1968 (34 U.S.C. 10153(a)), as amended by section 22 113, is amended by adding at the end the following: 23 ‘‘(8) An assurance that, for each fiscal year 24 covered by an application, the applicant will use not 25 less than 5 percent of the total amount of the grant g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 19 1 award for the fiscal year to study and implement ef- 2 fective management, training, recruiting, hiring, and 3 oversight standards and programs to promote effec- 4 tive community and problem solving strategies for 5 law enforcement agencies in accordance with section 6 114 of the Law Enforcement Trust and Integrity 7 Act of 2020.’’. 8 (b) GRANT PROGRAM 9 TIONS.—The FOR COMMUNITY ORGANIZA- Attorney General may make grants to com- 10 munity-based organizations to study and implement effec11 tive management, training, recruiting, hiring, and over12 sight standards and programs to promote effective com13 munity and problem solving strategies for law enforcement 14 agencies. 15 (c) USE OF FUNDS.—Grant amounts described in 16 paragraph (8) of section 502(a) of title I of the Omnibus 17 Crime Control and Safe Streets Act of 1968 (34 U.S.C. 18 10153(a)), as added by subsection (a) of this section, and 19 grant amounts awarded under subsection (b) shall be used 20 to— 21 (1) study of management and operations stand- 22 ards for law enforcement agencies, including stand- 23 ards relating to administrative due process, resi- 24 dency requirements, compensation and benefits, use 25 of force, racial profiling, early warning systems, ju- g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 20 1 venile justice, school safety, civilian review boards or 2 analogous procedures, or research into the effective- 3 ness of existing programs, projects, or other activi- 4 ties designed to address misconduct by law enforce- 5 ment officers; 6 (2) to develop pilot programs and implement ef- 7 fective standards and programs in the areas of train- 8 ing, hiring and recruitment, and oversight that are 9 designed to improve management and address mis- 10 conduct by law enforcement officers. 11 (d) COMPONENTS OF PILOT PROGRAM.—A pilot pro- 12 gram developed under subsection (c)(2) shall include the 13 following: 14 (1) enforcement policies, 15 practices, and procedures addressing training and 16 instruction to comply with accreditation standards in 17 the areas of— 18 (A) the use of lethal, nonlethal force, and 19 de-escalation; 20 (B) investigation of misconduct and prac- 21 tices and procedures for referral to prosecuting 22 authorities use of deadly force or racial 23 profiling; 24 (C) disproportionate minority contact by 25 law enforcement; g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 TRAINING.—Law 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 21 1 (D) tactical and defensive strategy; 2 (E) arrests, searches, and restraint; 3 (F) professional verbal communications 4 with civilians; 5 (G) interactions with youth, the mentally 6 ill, limited English proficiency, and multi-cul- 7 tural communities; 8 (H) proper traffic, pedestrian, and other 9 enforcement stops; and 10 (I) community relations and bias aware- 11 ness. 12 (2) RECRUITMENT, 13 PROMOTION OF DIVERSE LAW ENFORCEMENT OFFI- 14 CERS.—Policies, procedures, and practices for— 15 (A) the hiring and recruitment of diverse 16 law enforcement officers representative of the 17 communities they serve; 18 (B) the development of selection, pro- 19 motion, educational, background, and psycho- 20 logical standards that comport with title VII of 21 the Civil Rights Act of 1964 (42 U.S.C. 2000e 22 et seq.); and 23 (C) initiatives to encourage residency in 24 the jurisdiction served by the law enforcement 25 agency and continuing education. g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 HIRING, RETENTION, AND 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 22 1 (3) OVERSIGHT.—Complaint procedures, in- 2 cluding the establishment of civilian review boards or 3 analogous procedures for jurisdictions across a range 4 of sizes and agency configurations, complaint proce- 5 dures by community-based organizations, early 6 warning systems and related intervention programs, 7 video monitoring technology, data collection and 8 transparency, and administrative due process re- 9 quirements inherent to complaint procedures for 10 members of the public and law enforcement. 11 (4) JUVENILE 12 The development of uniform standards on juvenile 13 justice and school safety, including standards relat- 14 ing to interaction and communication with juveniles, 15 physical contact, use of lethal and nonlethal force, 16 notification of a parent or guardian, interviews and 17 questioning, custodial interrogation, audio and video 18 recording, conditions of custody, alternatives to ar- 19 rest, referral to child protection agencies, and re- 20 moval from school grounds or campus. 21 (5) VICTIM SERVICES.—Counseling services, in- 22 cluding psychological counseling, for individuals and 23 communities impacted by law enforcement mis- 24 conduct. 25 (e) TECHNICAL ASSISTANCE.— g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 JUSTICE AND SCHOOL SAFETY.— 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 23 1 (1) IN GENERAL.—The Attorney General may 2 provide technical assistance to States and commu- 3 nity-based organizations in furtherance of the pur- 4 poses of this section. 5 (2) MODELS FOR REDUCTION OF LAW EN- 6 FORCEMENT MISCONDUCT.—The 7 provided by the Attorney General may include the 8 development of models for States and community- 9 based organizations to reduce law enforcement offi- 10 cer misconduct. Any development of such models 11 shall be in consultation with community-based orga- 12 nizations. 13 (f) USE OF technical assistance COMPONENTS.—The Attorney General 14 may use any component or components of the Department 15 of Justice in carrying out this section. 16 (g) APPLICATIONS.— 17 (1) APPLICATION.—An application for a grant 18 under subsection (b) shall be submitted in such 19 form, and contain such information, as the Attorney 20 General may prescribe by guidelines. 21 (2) APPROVAL.—A grant may not be made 22 under this section unless an application has been 23 submitted to, and approved by, the Attorney Gen- 24 eral. 25 (h) PERFORMANCE EVALUATION.— g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 24 1 (1) MONITORING 2 (A) IN GENERAL.—Each program, project, 3 or activity funded under this section shall con- 4 tain a monitoring component, which shall be de- 5 veloped pursuant to guidelines established by 6 the Attorney General. 7 (B) REQUIREMENT.—Each monitoring 8 component required under subparagraph (A) 9 shall include systematic identification and col- 10 lection of data about activities, accomplish- 11 ments, and programs throughout the life of the 12 program, project, or activity and presentation 13 of such data in a usable form. 14 (2) EVALUATION 15 (A) IN COMPONENTS.— GENERAL.—Selected grant recipi- 16 ents shall be evaluated on the local level or as 17 part of a national evaluation, pursuant to 18 guidelines established by the Attorney General. 19 (B) REQUIREMENTS.—An evaluation con- 20 ducted under subparagraph (A) may include 21 independent audits of police behavior and other 22 assessments of individual program implementa- 23 tions. In selected jurisdictions that are able to 24 support outcome evaluations, the effectiveness g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 COMPONENTS.— 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 25 1 of funded programs, projects, and activities 2 may be required. 3 (3) PERIODIC REVIEW AND REPORTS.—The At- 4 torney General may require a grant recipient to sub- 5 mit biannually to the Attorney General the results of 6 the monitoring and evaluations required under para- 7 graphs (1) and (2) and such other data and infor- 8 mation as the Attorney General determines to be 9 necessary. 10 (i) REVOCATION OR SUSPENSION OF FUNDING.—If 11 the Attorney General determines, as a result of monitoring 12 under subsection (h) or otherwise, that a grant recipient 13 under the Byrne grant program or under subsection (b) 14 is not in substantial compliance with the requirements of 15 this section, the Attorney General may revoke or suspend 16 funding of that grant, in whole or in part. 17 (j) CIVILIAN REVIEW BOARD DEFINED.—In this sec- 18 tion, the term ‘‘civilian review board’’ means an adminis19 trative entity that— 20 (1) is independent and adequately funded; 21 (2) has investigatory authority and staff sub- 22 poena power; 23 (3) has representative community diversity; 24 (4) has policy making authority; 25 (5) provides advocates for civilian complainants; g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 26 1 (6) has mandatory police power to conduct 2 hearings; and 3 (7) conducts statistical studies on prevailing 4 complaint trends. 5 (k) AUTHORIZATION OF APPROPRIATIONS.—There 6 are authorized to be appropriated to the Attorney General 7 $25,000,000 for fiscal year 2020 to carry out the grant 8 program authorized under subsection (b). 9 SEC. 115. ATTORNEY GENERAL TO CONDUCT STUDY. 10 (a) STUDY.— 11 (1) IN Attorney General shall 12 conduct a nationwide study of the prevalence and ef- 13 fect of any law, rule, or procedure that allows a law 14 enforcement officer to delay the response to ques- 15 tions posed by a local internal affairs officer, or re- 16 view board on the investigative integrity and pros- 17 ecution of law enforcement misconduct, including 18 pre-interview warnings and termination policies. 19 (2) INITIAL ANALYSIS.—The Attorney General 20 shall perform an initial analysis of existing State 21 statutes to determine whether, at a threshold level, 22 the effect of this type of rule or procedure raises 23 material investigatory issues that could impair or 24 hinder a prompt and thorough investigation of pos- g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 GENERAL.—The 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 27 1 sible misconduct, including criminal conduct, that 2 would justify a wider inquiry. 3 (3) DATA completion of 4 the initial analysis under paragraph (2), and consid- 5 ering material investigatory issues, the Attorney 6 General shall gather additional data nationwide on 7 similar rules from a representative and statistically 8 significant sample of jurisdictions, to determine 9 whether such rules and procedures raise such mate- 10 rial investigatory issues. 11 (b) REPORTING.— 12 (1) INITIAL ANALYSIS.—Not later than 120 13 days after the date of the enactment of this Act, the 14 Attorney General shall— 15 (A) submit to Congress a report containing 16 the results of the initial analysis conducted 17 under subsection (a)(2); 18 (B) make the report submitted under sub- 19 paragraph (A) available to the public; and 20 (C) identify the jurisdictions for which the 21 study described in subsection (a)(1) is to be 22 conducted. 23 (2) DATA COLLECTED.—Not later than 2 years 24 after the date of the enactment of this Act, the At- 25 torney General shall submit to Congress a report g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 COLLECTION.—After 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 28 1 containing the results of the data collected under 2 this section and publish the report in the Federal 3 Register. 4 SEC. 116. AUTHORIZATION OF APPROPRIATIONS. 5 There are authorized to be appropriated for fiscal 6 year 2020, in addition to any other sums authorized to 7 be appropriated for this purpose— 8 (1) $25,000,000 for additional expenses relat- 9 ing to the enforcement of section 210401 of the Vio- 10 lent Crime Control and Law Enforcement Act of 11 1994 (34 U.S.C. 12601), criminal enforcement 12 under sections 241 and 242 of title 18, United 13 States Code, and administrative enforcement by the 14 Department of Justice, including compliance with 15 consent decrees or judgments entered into under 16 such section 210401; and 17 (2) $3,300,000 for additional expenses related 18 to conflict resolution by the Department of Justice’s 19 Community Relations Service. 20 SEC. 117. NATIONAL TASK FORCE ON LAW ENFORCEMENT 21 22 OVERSIGHT. (a) ESTABLISHMENT.—There is established within 23 the Department of Justice a task force to be known as 24 the Task Force on Law Enforcement Oversight (herein25 after in this section referred to as the ‘‘Task Force’’). g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 29 1 (b) COMPOSITION.—The Task Force shall be com- 2 posed of individuals appointed by the Attorney General, 3 who shall appoint not less than 1 individual from each of 4 the following: 5 6 (1) The Special Litigation Section of the Civil Rights Division. 7 8 (2) The Criminal Section of the Civil Rights Division. 9 10 (3) The Federal Coordination and Compliance Section of the Civil Rights Division. 11 12 (4) The Employment Litigation Section of the Civil Rights Division. 13 14 (5) The Disability Rights Section of the Civil Rights Division. 15 (6) The Office of Justice Programs. 16 (7) The Office of Community Oriented Policing 17 Services (COPS). 18 19 (8) The Corruption/Civil Rights Section of the Federal Bureau of Investigation. 20 (9) The Community Relations Service. 21 (10) The Office of Tribal Justice. 22 (11) The unit within the Department of Justice 23 assigned as a liaison for civilian review boards. 24 (c) POWERS AND DUTIES.—The Task Force shall 25 consult with professional law enforcement associations, g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 30 1 labor organizations, and community-based organizations 2 to coordinate the process of the detection and referral of 3 complaints regarding incidents of alleged law enforcement 4 misconduct. 5 (d) AUTHORIZATION OF APPROPRIATIONS.—There 6 are authorized to be appropriated $5,000,000 for each fis7 cal year to carry out this section. 8 SEC. 118. FEDERAL DATA COLLECTION ON LAW ENFORCE- 9 MENT PRACTICES. 10 (a) AGENCIES TO REPORT.—Each Federal, State, 11 and local law enforcement agency shall report data of the 12 practices of that agency to the Attorney General. 13 14 (b) BREAKDOWN NICITY, AND OF INFORMATION BY RACE, ETH- GENDER.—For each practice enumerated in 15 subsection (c), the reporting law enforcement agency shall 16 provide a breakdown of the numbers of incidents of that 17 practice by race, ethnicity, age, and gender of the officers 18 and employees of the agency and of members of the public 19 involved in the practice. 20 (c) PRACTICES TO BE REPORTED ON.—The prac- 21 tices to be reported on are the following: 22 (1) Traffic violation stops. 23 (2) Pedestrian stops. 24 (3) Frisk and body searches. g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 31 1 (4) Instances where officers or employees of the 2 law enforcement agency used deadly force, includ- 3 ing— 4 (A) a description of when and where dead- 5 ly force was used, and whether it resulted in 6 death; 7 (B) a description of deadly force directed 8 against an officer or employee and whether it 9 resulted in injury or death; and 10 (C) the law enforcement agency’s justifica- 11 tion for use of deadly force, if the agency deter- 12 mines it was justified. 13 (d) RETENTION OF DATA.—Each law enforcement 14 agency required to report data under this section shall 15 maintain records relating to any matter so reportable for 16 not less than 4 years after those records are created. 17 (e) PENALTY FOR STATES FAILING TO REPORT AS 18 REQUIRED.— 19 (1) IN any fiscal year, a State 20 shall not receive any amount that would otherwise 21 be allocated to that State under section 505(a) of 22 title I of the Omnibus Crime Control and Safe 23 Streets Act of 1968 (34 U.S.C. 10156(a)), or any 24 amount from any other law enforcement assistance 25 program of the Department of Justice, unless the g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 GENERAL.—For 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 32 1 State has ensured, to the satisfaction of the Attor- 2 ney General, that the State and each local law en- 3 forcement agency of the State is in substantial com- 4 pliance with the requirements of this section. 5 (2) REALLOCATION.—Amounts not allocated by 6 reason of this subsection shall be reallocated to 7 States not disqualified by failure to comply with this 8 section. 9 (f) REGULATIONS.—The Attorney General shall pre- 10 scribe regulations to carry out this section. 14 TITLE II—POLICING TRANSPARENCY THROUGH DATA Subtitle A—National Police Misconduct Registry 15 SEC. 201. ESTABLISHMENT OF NATIONAL POLICE MIS- 11 12 13 16 17 CONDUCT REGISTRY. (a) IN GENERAL.—Not later than 180 days after the 18 date of enactment of this Act, the Attorney General shall 19 establish a National Police Misconduct Registry to be com20 piled and maintained by the Department of Justice. 21 (b) CONTENTS OF REGISTRY.—The Registry re- 22 quired to be established under subsection (a) shall contain 23 the following data with respect to all Federal and local 24 law enforcement officers: g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 33 1 (1) Each complaint filed against a law enforce- 2 ment officer, aggregated by— 3 (A) complaints that were found to be cred- 4 ible or that resulted in disciplinary action of the 5 law 6 whether the complaint involved a use of force; 7 (B) complaints that are pending review, 8 disaggregated by whether the complaint in- 9 volved a use of force; and officer, disaggregated by 10 (C) complaints for which the law enforce- 11 ment officer was exonerated or that were deter- 12 mined to be unfounded or not sustained, 13 disaggregated by whether the complaint in- 14 volved a use of force. 15 (2) Discipline records, disaggregated by wheth- 16 er the complaint involved a use of force. 17 (3) Termination records, including the reason 18 for each termination, disaggregated by whether the 19 complaint involved a use of force. 20 (4) Records of certification in accordance with 21 section 202. 22 (5) Records of lawsuits and settlements made 23 against law enforcement officers. 24 (c) 25 FEDERAL MENTS.—Not g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 enforcement 22:21 Jun 07, 2020 Jkt 000000 AGENCY REPORTING REQUIRE- later than 360 days after the date of enact- (765191 4) PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 34 1 ment of this Act, and every 180 days thereafter, the head 2 of each Federal law enforcement agency shall submit to 3 the Attorney General the information described in sub4 section (b). 5 (d) STATE AND LOCAL LAW ENFORCEMENT AGENCY 6 REPORTING REQUIREMENTS.—Beginning in the first fis7 cal year beginning after the date of enactment of this Act 8 and each fiscal year thereafter in which a State receives 9 funds under the Byrne grant program, the State shall, 10 once every 180 days, submit to the Attorney General the 11 information described in subsection (b) for each local law 12 enforcement agency within the State. 13 (e) PUBLIC AVAILABILITY OF REGISTRY.— 14 (1) IN GENERAL.—In establishing the Registry 15 required under subsection (a), the Attorney General 16 shall make the Registry available to the public. 17 (2) PRIVACY PROTECTIONS.—Nothing in this 18 subsection shall be construed to supersede the re- 19 quirements or limitations under section 552a of title 20 5, United States Code (commonly known as the 21 ‘‘Privacy Act of 1974’’). 22 SEC. 202. CERTIFICATION REQUIREMENTS FOR HIRING OF 23 LAW ENFORCEMENT OFFICERS. 24 Beginning in the first fiscal year beginning after the 25 date of enactment of this Act, a State or other jurisdiction g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 35 1 may not receive funds under the Byrne grant program for 2 a fiscal year if, on the day before the first day of the fiscal 3 year, the State or other jurisdiction has not submitted to 4 the National Police Misconduct Registry established under 5 section 201 records demonstrating that all law enforce6 ment officers of the State or other jurisdiction have com7 pleted all State certification requirements during the 18 year period preceding the fiscal year. Subtitle B—PRIDE Act 9 10 SEC. 221. SHORT TITLE. 11 This subtitle may be cited as the ‘‘Police Reporting 12 Information, Data, and Evidence Act of 2020’’ or the 13 ‘‘PRIDE Act’’. 14 SEC. 222. DEFINITIONS. 15 In this subtitle: 16 (1) LOCAL term 17 ‘‘local educational agency’’ has the meaning given 18 the term in section 8101 of the Elementary and Sec- 19 ondary Education Act of 1965 (20 U.S.C. 7801). 20 (2) LOCAL LAW ENFORCEMENT OFFICER.—The 21 term ‘‘local law enforcement officer’’ includes a 22 school resource officer. 23 (3) SCHOOL.—The term ‘‘school’’ means an ele- 24 mentary school or secondary school (as those terms 25 are defined in section 8101 of the Elementary and g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 EDUCATIONAL AGENCY.—The 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 36 1 Secondary Education Act of 1965 (20 U.S.C. 2 7801)). 3 (4) SCHOOL term 4 ‘‘school resource officer’’ means a sworn law enforce- 5 ment officer who is— 6 (A) assigned by the employing law enforce- 7 ment agency to a local educational agency or 8 school; 9 (B) contracting with a local educational 10 agency or school; or 11 (C) employed by a local educational agency 12 or school. 13 (5) USE OF FORCE.—The term ‘‘use of force’’ 14 includes the use of a firearm, Taser, explosive de- 15 vice, chemical agent (such as pepper spray), baton, 16 impact projectile, blunt instrument, hand, fist, foot, 17 canine, or vehicle against an individual. 18 SEC. 223. USE OF FORCE REPORTING. 19 (a) REPORTING REQUIREMENTS.— 20 (1) IN GENERAL.—Beginning in the first fiscal 21 year beginning after the date of enactment of this 22 Act and each fiscal year thereafter in which a State 23 receives funds under a Byrne grant program, the 24 State shall— g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 RESOURCE OFFICER.—The 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 37 1 (A) report to the Attorney General, on a 2 quarterly basis and pursuant to guidelines es- 3 tablished by the Attorney General, information 4 regarding— 5 (i) any incident involving the shooting 6 of a civilian by a local law enforcement of- 7 ficer who is employed by the State or by 8 a unit of local government in the State; 9 (ii) any incident involving the shooting 10 of a local law enforcement officer described 11 in clause (i) by a civilian; 12 (iii) any incident involving the death 13 or arrest of a law enforcement officer; 14 (iv) any incident in which use of force 15 by or against a local law enforcement offi- 16 cer described in clause (i) occurs, which is 17 not reported under clause (i), (ii), or (iii); 18 (v) deaths in custody; and 19 (vi) arrests and bookings. 20 (B) establish a system and a set of policies 21 to ensure that all use of force incidents are re- 22 ported by local law enforcement officers; and 23 (C) submit to the Attorney General a plan 24 for the collection of data required to be re- 25 ported under this section, including any modi- g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 38 1 fications to a previously submitted data collec- 2 tion plan. 3 (2) REPORT 4 (A) IN GENERAL.—The report required 5 under paragraph (1)(A) shall contain informa- 6 tion that includes, at a minimum— 7 (i) the national origin, sex, race, eth- 8 nicity, age, disability, English language 9 proficiency, and housing status of each ci- 10 vilian against whom a local law enforce- 11 ment officer used force; 12 (ii) the date, time, and location, in- 13 cluding whether it was on school grounds, 14 zip code, of the incident and whether the 15 jurisdiction in which the incident occurred 16 allows for the open-carry or concealed- 17 carry of a firearm; 18 (iii) whether the civilian was armed, 19 and, if so, the type of weapon the civilian 20 had; 21 (iv) the type of force used against the 22 officer, the civilian, or both, including the 23 types of weapons used; 24 (v) the reason force was used; g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 INFORMATION REQUIRED.— 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 39 1 (vi) a description of any injuries sus- 2 tained as a result of the incident; 3 (vii) the number of officers involved in 4 the incident; 5 (viii) the number of civilians involved 6 in the incident; and 7 (ix) a brief description regarding the 8 circumstances surrounding the incident, 9 which shall include information on— 10 (I) the type of force used by all 11 involved persons; 12 (II) the legitimate police objective 13 necessitating the use of force; 14 (III) the resistance encountered 15 by each local law enforcement officer 16 involved in the incident; 17 (IV) the efforts by local law en- 18 forcement officers to— 19 (aa) de-escalate the situation 20 in order to avoid the use of force; 21 or 22 (bb) minimize the level of 23 force used; and g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 40 1 (V) if applicable, the reason why 2 efforts described in subclause (IV) 3 were not attempted. 4 (B) INCIDENTS 5 IN CUSTODY REPORTING ACT.—A 6 required to include in a report under subsection 7 (a)(1) an incident reported by the State in ac- 8 cordance with section 20104(a)(2) of the Vio- 9 lent Crime Control and Law Enforcement Act 10 of 1994 (34 U.S.C. 12104(a)(2)). 11 (3) AUDIT State is not OF USE-OF-FORCE REPORTING.—Not 12 later than 1 year after the date of enactment of this 13 Act, and each year thereafter, each State and Indian 14 Tribe described in paragraph (1) shall— 15 (A) conduct an audit of the use of force in- 16 cident reporting system required to be estab- 17 lished under paragraph (1)(B); and 18 (B) submit a report to the Attorney Gen- 19 eral on the audit conducted under subpara- 20 graph (A). 21 (4) COMPLIANCE PROCEDURE.—Prior to sub- 22 mitting a report under paragraph (1)(A), the State 23 submitting such report shall compare the informa- 24 tion compiled to be reported pursuant to clause (i) 25 of paragraph (1)(A) to open-source data records, g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 REPORTED UNDER DEATH 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 41 1 and shall revise such report to include any incident 2 determined to be missing from the report based on 3 such comparison. Failure to comply with the proce- 4 dures described in the previous sentence shall be 5 considered a failure to comply with the requirements 6 of this section. 7 (b) INELIGIBILITY FOR FUNDS.— 8 (1) IN any fiscal year in which 9 a State or Indian Tribe fails to comply with this sec- 10 tion, the State or Indian Tribe, at the discretion of 11 the Attorney General, shall be subject to not more 12 than a 10-percent reduction of the funds that would 13 otherwise be allocated for that fiscal year to the 14 State under a Byrne grant program. 15 (2) REALLOCATION.—Amounts not allocated 16 under a Byrne grant program in accordance with 17 paragraph (1) to a State for failure to comply with 18 this section shall be reallocated under the Byrne 19 grant program to States that have not failed to com- 20 ply with this section. 21 (3) INFORMATION REGARDING SCHOOL RE- 22 SOURCE OFFICERS.—The 23 schools and local educational agencies within the ju- 24 risdiction of the State provide the State with the in- g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 GENERAL.—For 22:21 Jun 07, 2020 Jkt 000000 State shall ensure that all (765191 4) PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 42 1 formation needed regarding school resource officers 2 to comply with this section. 3 (c) PUBLIC AVAILABILITY OF DATA.— 4 (1) IN GENERAL.—Not later than 1 year after 5 the date of enactment of this Act, and each year 6 thereafter, the Attorney General shall publish, and 7 make available to the public, a report containing the 8 data reported to the Attorney General under this 9 section. 10 (2) PRIVACY PROTECTIONS.—Nothing in this 11 subsection shall be construed to supersede the re- 12 quirements or limitations under section 552a of title 13 5, United States Code (commonly known as the 14 ‘‘Privacy Act of 1974’’). 15 (d) GUIDANCE.—Not later than 180 days after the 16 date of enactment of this Act, the Attorney General, in 17 coordination with the Director of the Federal Bureau of 18 Investigation, shall issue guidance on best practices relat19 ing to establishing standard data collection systems that 20 capture the information required to be reported under sub21 section (a)(2), which shall include standard and consistent 22 definitions for terms, including the term ‘‘use of force’’ 23 which is consistent with the definition of such term in sec24 tion 222. g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 43 1 SEC. 224. USE OF FORCE DATA REPORTING. 2 3 (a) TECHNICAL ASSISTANCE GRANTS AUTHORIZED.—The Attorney General may make grants to eligible 4 law enforcement agencies to be used for the activities de5 scribed in subsection (c). 6 (b) ELIGIBILITY.—In order to be eligible to receive 7 a grant under this section a law enforcement agency 8 shall— 9 10 (1) be an Indian Tribe or located in a State that receives funds under a Byrne grant program; 11 12 (2) employ not more that 100 local or tribal law enforcement officers; 13 (3) demonstrate that the use of force policy for 14 local law enforcement officers employed by the law 15 enforcement agency is publicly available; and 16 17 (4) establish and maintain a complaint system that— 18 (A) may be used by members of the public 19 to report incidents of use of force to the law en- 20 forcement agency; 21 (B) makes all information collected pub- 22 licly searchable and available; and 23 (C) provide information on the status of an 24 investigation. g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 44 1 (c) ACTIVITIES DESCRIBED.—A grant made under 2 this section may be used by a law enforcement agency 3 for— 4 (1) the cost of assisting the State or Indian 5 Tribe in which the law enforcement agency is located 6 in complying with the reporting requirements de- 7 scribed in section 223; 8 (2) the cost of establishing necessary systems 9 required to investigate and report incidents as re- 10 quired under subsection (b)(4); 11 (3) public awareness campaigns designed to 12 gain information from the public on use of force by 13 or against local and tribal law enforcement officers, 14 including shootings, which may include tip lines, hot- 15 lines, and public service announcements; and 16 (4) use of force training for law enforcement 17 agencies and personnel, including training on de-es- 18 calation, implicit bias, crisis intervention techniques, 19 and adolescent development. 20 SEC. 225. COMPLIANCE WITH REPORTING REQUIREMENTS. 21 (a) IN GENERAL.—Not later than 1 year after the 22 date of enactment of this Act, and each year thereafter, 23 the Attorney General shall conduct an audit and review 24 of the information provided under this subtitle to deter- g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 45 1 mine whether each State described in section 223(a)(1) 2 is in compliance with the requirements of this subtitle. 3 (b) CONSISTENCY IN DATA REPORTING.— 4 (1) IN 5 GENERAL.—Any data reported under this subtitle shall be collected and reported— 6 (A) in a manner consistent with existing 7 programs of the Department of Justice that 8 collect data on local law enforcement officer en- 9 counters with civilians; and 10 (B) in a manner consistent with civil and 11 human rights laws for distribution of informa- 12 tion to the public. 13 (2) GUIDELINES.—Not later than 1 year after 14 the date of enactment of this Act, the Attorney Gen- 15 eral shall— 16 (A) issue guidelines on the reporting re- 17 quirement under section 223; and 18 (B) seek public comment before finalizing 19 the guidelines required under subparagraph 20 (A). 21 SEC. 226. FEDERAL LAW ENFORCEMENT REPORTING. 22 The head of each Federal law enforcement agency 23 shall submit to the Attorney General, on a quarterly basis 24 and pursuant to guidelines established by the Attorney g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 46 1 General, the information required to be reported by a 2 State or Indian Tribe under section 223. 3 SEC. 227. AUTHORIZATION OF APPROPRIATIONS. 4 There are authorized to be appropriated to the Attor- 5 ney General such sums as are necessary to carry out this 6 subtitle. TITLE III—IMPROVING POLICE TRAINING AND POLICIES Subtitle A—End Racial and Religious Profiling Act 7 8 9 10 11 SEC. 301. SHORT TITLE. 12 This subtitle may be cited as the ‘‘End Racial and 13 Religious Profiling Act of 2020’’ or ‘‘ERRPA’’. 14 SEC. 302. DEFINITIONS. 15 In this subtitle: 16 (1) COVERED term ‘‘covered 17 program’’ means any program or activity funded in 18 whole or in part with funds made available under— 19 (A) the Edward Byrne Memorial Justice 20 Assistance Grant Program under part E of title 21 I of the Omnibus Crime Control and Safe 22 Streets Act of 1968 (34 U.S.C. 10151 et seq.); 23 and 24 (B) the ‘‘Cops on the Beat’’ program 25 under part Q of title I of the Omnibus Crime g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 PROGRAM.—The 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 47 1 Control and Safe Streets Act of 1968 (34 2 U.S.C. 10381 et seq.), except that no program, 3 project, or other activity specified in section 4 1701(b)(13) of such part shall be a covered 5 program under this paragraph. 6 (2) GOVERNMENTAL term ‘‘govern- 7 mental body’’ means any department, agency, special 8 purpose district, or other instrumentality of Federal, 9 State, local, or Indian Tribal government. 10 (3) HIT RATE.—The term ‘‘hit rate’’ means the 11 percentage of stops and searches in which a law en- 12 forcement officer finds drugs, a gun, or something 13 else that leads to an arrest. The hit rate is cal- 14 culated by dividing the total number of searches by 15 the number of searches that yield contraband. The 16 hit rate is complementary to the rate of false stops. 17 (4) LAW ENFORCEMENT AGENCY.—The term 18 ‘‘law enforcement agency’’ means any Federal, 19 State, or local public agency engaged in the preven- 20 tion, detection, or investigation of violations of crimi- 21 nal, immigration, or customs laws. 22 (5) LAW ENFORCEMENT AGENT.—The term 23 ‘‘law enforcement agent’’ means any Federal, State, 24 or local official responsible for enforcing criminal, g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 BODY.—The 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 48 1 immigration, or customs laws, including police offi- 2 cers and other agents of a law enforcement agency. 3 (6) RACIAL 4 (A) IN GENERAL.—The term ‘‘racial 5 profiling’’ means the practice of a law enforce- 6 ment agent or agency relying, to any degree, on 7 actual or perceived race, ethnicity, national ori- 8 gin, religion, gender, gender identity, or sexual 9 orientation in selecting which individual to sub- 10 ject to routine or spontaneous investigatory ac- 11 tivities or in deciding upon the scope and sub- 12 stance of law enforcement activity following the 13 initial investigatory procedure, except when 14 there is trustworthy information, relevant to the 15 locality and timeframe, that links a person with 16 a particular characteristic described in this 17 paragraph to an identified criminal incident or 18 scheme. 19 (B) EXCEPTION.—For purposes of sub- 20 paragraph (A), a Tribal law enforcement officer 21 exercising law enforcement authority within In- 22 dian country, as that term is defined in section 23 1151 of title 18, United States Code, is not 24 considered to be racial profiling with respect to 25 making key jurisdictional determinations that g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 PROFILING.— 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 49 1 are necessarily tied to reliance on actual or per- 2 ceived race, ethnicity, or tribal affiliation. 3 (7) ROUTINE OR SPONTANEOUS INVESTIGATORY 4 ACTIVITIES.—The term ‘‘routine or spontaneous in- 5 vestigatory activities’’ means the following activities 6 by a law enforcement agent: 7 (A) Interviews. 8 (B) Traffic stops. 9 (C) Pedestrian stops. 10 (D) Frisks and other types of body 11 searches. 12 (E) Consensual or nonconsensual searches 13 of the persons, property, or possessions (includ- 14 ing vehicles) of individuals using any form of 15 public or private transportation, including mo- 16 torists and pedestrians. 17 (F) Data collection and analysis, assess- 18 ments, and predicated investigations. 19 (G) Inspections and interviews of entrants 20 into the United States that are more extensive 21 than those customarily carried out. 22 (H) Immigration-related workplace inves- 23 tigations. 24 (I) Such other types of law enforcement 25 encounters compiled for or by the Federal Bu- g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 50 1 reau of Investigation or the Department of Jus- 2 tice Bureau of Justice Statistics. 3 (8) REASONABLE term ‘‘rea- 4 sonable request’’ means all requests for information, 5 except for those that— 6 (A) are immaterial to the investigation; 7 (B) would result in the unnecessary disclo- 8 sure of personal information; or 9 (C) would place a severe burden on the re- 10 sources of the law enforcement agency given its 11 size. 12 (9) STATE.—The term ‘‘State’’ means each of 13 the 50 States, the District of Columbia, the Com- 14 monwealth of Puerto Rico, and any other territory 15 or possession of the United States. 16 17 (10) UNIT OF LOCAL GOVERNMENT.—The term ‘‘unit of local government’’ means— 18 (A) any city, county, township, town, bor- 19 ough, parish, village, or other general purpose 20 political subdivision of a State; or 21 (B) any law enforcement district or judicial 22 enforcement district that— 23 (i) is established under applicable 24 State law; and g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 REQUEST.—The 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 51 1 (ii) has the authority to, in a manner 2 independent of other State entities, estab- 3 lish a budget and impose taxes. 4 5 PART I—PROHIBITION OF RACIAL PROFILING SEC. 311. PROHIBITION. 6 No law enforcement agent or law enforcement agency 7 shall engage in racial profiling. 8 SEC. 312. ENFORCEMENT. 9 (a) REMEDY.—The United States, or an individual 10 injured by racial profiling, may enforce this part in a civil 11 action for declaratory or injunctive relief, filed either in 12 a State court of general jurisdiction or in a district court 13 of the United States. 14 (b) PARTIES.—In any action brought under this part, 15 relief may be obtained against— 16 (1) any governmental body that employed any 17 law enforcement agent who engaged in racial 18 profiling; 19 20 (2) any agent of such body who engaged in racial profiling; and 21 (3) any person with supervisory authority over 22 such agent. 23 (c) NATURE OF PROOF.—Proof that the routine or 24 spontaneous investigatory activities of law enforcement 25 agents in a jurisdiction have had a disparate impact on g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 52 1 individuals with a particular characteristic described in 2 section 302(6) shall constitute prima facie evidence of a 3 violation of this part. 4 (d) ATTORNEY’S FEES.—In any action or proceeding 5 to enforce this part against any governmental body, the 6 court may allow a prevailing plaintiff, other than the 7 United States, reasonable attorney’s fees as part of the 8 costs, and may include expert fees as part of the attorney’s 9 fee. 10 PART II—PROGRAMS TO ELIMINATE RACIAL 11 PROFILING 12 MENT AGENCIES 13 BY FEDERAL LAW ENFORCE- SEC. 321. POLICIES TO ELIMINATE RACIAL PROFILING. 14 (a) IN GENERAL.—Federal law enforcement agencies 15 shall— 16 17 (1) maintain adequate policies and procedures designed to eliminate racial profiling; and 18 (2) cease existing practices that permit racial 19 profiling. 20 (b) POLICIES.—The policies and procedures de- 21 scribed in subsection (a)(1) shall include— 22 (1) a prohibition on racial profiling; 23 (2) training on racial profiling issues as part of 24 Federal law enforcement training; g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 53 1 (3) the collection of data in accordance with the 2 regulations issued by the Attorney General under 3 section 341; 4 (4) procedures for receiving, investigating, and 5 responding meaningfully to complaints alleging ra- 6 cial profiling by law enforcement agents; and 7 (5) any other policies and procedures the Attor- 8 ney General determines to be necessary to eliminate 9 racial profiling by Federal law enforcement agencies. 10 PART III—PROGRAMS TO ELIMINATE RACIAL 11 PROFILING BY STATE AND LOCAL LAW EN- 12 FORCEMENT AGENCIES 13 SEC. 331. POLICIES REQUIRED FOR GRANTS. 14 (a) IN GENERAL.—An application by a State, a unit 15 of local government, or a State or local law enforcement 16 agency for funding under a covered program shall include 17 a certification that such State, unit of local government, 18 or law enforcement agency, and any law enforcement 19 agency to which it will distribute funds— 20 21 (1) maintains adequate policies and procedures designed to eliminate racial profiling; and 22 (2) has eliminated any existing practices that 23 permit or encourage racial profiling. 24 (b) POLICIES.—The policies and procedures de- 25 scribed in subsection (a)(1) shall include— g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 54 1 (1) a prohibition on racial profiling; 2 (2) training on racial profiling issues as part of 3 law enforcement training; 4 (3) the collection of data in accordance with the 5 regulations issued by the Attorney General under 6 section 341; and 7 (4) participation in an administrative complaint 8 procedure or independent audit program that meets 9 the requirements of section 332. 10 (c) EFFECTIVE DATE.—This section shall take effect 11 12 months after the date of enactment of this Act. 12 SEC. 332. INVOLVEMENT OF ATTORNEY GENERAL. 13 (a) REGULATIONS.— 14 (1) IN later than 6 months 15 after the date of enactment of this Act and in con- 16 sultation with stakeholders, including Federal, State, 17 and local law enforcement agencies and community, 18 professional, research, and civil rights organizations, 19 the Attorney General shall issue regulations for the 20 operation of administrative complaint procedures 21 and independent audit programs to ensure that such 22 programs and procedures provide an appropriate re- 23 sponse to allegations of racial profiling by law en- 24 forcement agents or agencies. g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 GENERAL.—Not 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 55 1 (2) GUIDELINES.—The regulations issued 2 under paragraph (1) shall contain guidelines that 3 ensure the fairness, effectiveness, and independence 4 of the administrative complaint procedures and inde- 5 pendent auditor programs. 6 (b) NONCOMPLIANCE.—If the Attorney General de- 7 termines that the recipient of a grant from any covered 8 program is not in compliance with the requirements of sec9 tion 331 or the regulations issued under subsection (a), 10 the Attorney General shall withhold, in whole or in part 11 (at the discretion of the Attorney General), funds for one 12 or more grants to the recipient under the covered pro13 gram, until the recipient establishes compliance. 14 (c) PRIVATE PARTIES.—The Attorney General shall 15 provide notice and an opportunity for private parties to 16 present evidence to the Attorney General that a recipient 17 of a grant from any covered program is not in compliance 18 with the requirements of this part. 19 SEC. 333. DATA COLLECTION DEMONSTRATION PROJECT. 20 (a) TECHNICAL ASSISTANCE GRANTS FOR DATA 21 COLLECTION.— 22 (1) IN Attorney General may, 23 through competitive grants or contracts, carry out a 24 2-year demonstration project for the purpose of de- 25 veloping and implementing data collection programs g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 GENERAL.—The 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 56 1 on the hit rates for stops and searches by law en- 2 forcement agencies. The data collected shall be 3 disaggregated by race, ethnicity, national origin, 4 gender, and religion. 5 (2) NUMBER OF GRANTS.—The Attorney Gen- 6 eral shall provide not more than 5 grants or con- 7 tracts under this section. 8 (3) ELIGIBLE GRANTEES.—Grants or contracts 9 under this section shall be awarded to law enforce- 10 ment agencies that serve communities where there is 11 a significant concentration of racial or ethnic minori- 12 ties and that are not already collecting data volun- 13 tarily. 14 (b) REQUIRED ACTIVITIES.—Activities carried out 15 with a grant under this section shall include— 16 (1) developing a data collection tool and report- 17 ing the compiled data to the Attorney General; and 18 (2) training of law enforcement personnel on 19 data collection, particularly for data collection on hit 20 rates for stops and searches. 21 (c) EVALUATION.—Not later than 3 years after the 22 date of enactment of this Act, the Attorney General shall 23 enter into a contract with an institution of higher edu24 cation (as defined in section 101 of the Higher Education g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 57 1 Act of 1965 (20 U.S.C. 1001)) to analyze the data col2 lected by each of the grantees funded under this section. 3 (d) AUTHORIZATION OF APPROPRIATIONS.—There 4 are authorized to be appropriated to carry out activities 5 under this section— 6 (1) $5,000,000, over a 2-year period, to carry 7 out the demonstration program under subsection 8 (a); and 9 (2) $500,000 to carry out the evaluation under 10 11 subsection (c). SEC. 334. DEVELOPMENT OF BEST PRACTICES. 12 (a) USE OF FUNDS REQUIREMENT.—Section 502(a) 13 of title I of the Omnibus Crime Control and Safe Streets 14 Act of 1968 (34 U.S.C. 10153(a)), as amended by section 15 114, is amended by adding at the end the following: 16 ‘‘(9) An assurance that, for each fiscal year 17 covered by an application, the applicant will use not 18 less than 10 percent of the total amount of the 19 grant award for the fiscal year to develop and imple- 20 ment best practice devices and systems to eliminate 21 racial profiling in accordance with section 334 of the 22 End Racial and Religious Profiling Act of 2020.’’. 23 (b) DEVELOPMENT OF BEST PRACTICES.—Grant 24 amounts described in paragraph (9) of section 502(a) of 25 title I of the Omnibus Crime Control and Safe Streets Act g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 58 1 of 1968 (34 U.S.C. 10153(a)), as added by subsection (a) 2 of this section, shall be for programs that include the fol3 lowing purposes: 4 (1) The development and implementation of 5 training to prevent racial profiling and to encourage 6 more respectful interaction with the public. 7 (2) The acquisition and use of technology to fa- 8 cilitate the accurate collection and analysis of data. 9 (3) The development and acquisition of feed- 10 back systems and technologies that identify officers 11 or units of officers engaged in, or at risk of engag- 12 ing in, racial profiling or other misconduct. 13 (4) The establishment and maintenance of an 14 administrative complaint procedure or independent 15 auditor program. 16 SEC. 335. AUTHORIZATION OF APPROPRIATIONS. 17 There are authorized to be appropriated to the Attor- 18 ney General such sums as are necessary to carry out this 19 part. 20 21 PART IV—DATA COLLECTION SEC. 341. ATTORNEY GENERAL TO ISSUE REGULATIONS. 22 (a) REGULATIONS.—Not later than 6 months after 23 the date of enactment of this Act, the Attorney General, 24 in consultation with stakeholders, including Federal, 25 State, and local law enforcement agencies and community, g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 59 1 professional, research, and civil rights organizations, shall 2 issue regulations for the collection and compilation of data 3 under sections 321 and 331. 4 (b) REQUIREMENTS.—The regulations issued under 5 subsection (a) shall— 6 7 (1) provide for the collection of data on all routine or spontaneous investigatory activities; 8 (2) provide that the data collected shall— 9 (A) be collected by race, ethnicity, national 10 origin, gender, disability, and religion; 11 (B) include the date, time, and location of 12 such investigatory activities; 13 (C) include detail sufficient to permit an 14 analysis of whether a law enforcement agency is 15 engaging in racial profiling; and 16 (D) not include personally identifiable in- 17 formation; 18 (3) provide that a standardized form shall be 19 made available to law enforcement agencies for the 20 submission of collected data to the Department of 21 Justice; 22 (4) provide that law enforcement agencies shall 23 compile data on the standardized form made avail- 24 able under paragraph (3), and submit the form to g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 60 1 the Civil Rights Division and the Department of 2 Justice Bureau of Justice Statistics; 3 (5) provide that law enforcement agencies shall 4 maintain all data collected under this subtitle for not 5 less than 4 years; 6 (6) include guidelines for setting comparative 7 benchmarks, consistent with best practices, against 8 which collected data shall be measured; 9 10 (7) provide that the Department of Justice Bureau of Justice Statistics shall— 11 (A) analyze the data for any statistically 12 significant disparities, including— 13 (i) disparities in the percentage of 14 drivers or pedestrians stopped relative to 15 the proportion of the population passing 16 through the neighborhood; 17 (ii) disparities in the hit rate; and 18 (iii) disparities in the frequency of 19 searches performed on racial or ethnic mi- 20 nority 21 searches performed on nonminority drivers; 22 and 23 (B) not later than 3 years after the date 24 of enactment of this Act, and annually there- 25 after— g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 drivers and the frequency of (765191 4) PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 61 1 (i) prepare a report regarding the 2 findings of the analysis conducted under 3 subparagraph (A); 4 (ii) provide such report to Congress; 5 and 6 (iii) make such report available to the 7 public, including on a website of the De- 8 partment of Justice, and in accordance 9 with accessibility standards under the 10 Americans with Disabilities Act of 1990 11 (42 U.S.C. 12101 et seq.); and 12 13 (8) protect the privacy of individuals whose data is collected by— 14 (A) limiting the use of the data collected 15 under this subtitle to the purposes set forth in 16 this subtitle; 17 (B) except as otherwise provided in this 18 subtitle, limiting access to the data collected 19 under this subtitle to those Federal, State, or 20 local employees or agents who require such ac- 21 cess in order to fulfill the purposes for the data 22 set forth in this subtitle; 23 (C) requiring contractors or other non- 24 governmental agents who are permitted access 25 to the data collected under this subtitle to sign g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 62 1 use agreements incorporating the use and dis- 2 closure restrictions set forth in subparagraph 3 (A); and 4 (D) requiring the maintenance of adequate 5 security measures to prevent unauthorized ac- 6 cess to the data collected under this subtitle. 7 SEC. 342. PUBLICATION OF DATA. 8 The Department of Justice Bureau of Justice Statis- 9 tics shall provide to Congress and make available to the 10 public, together with each annual report described in sec11 tion 341, the data collected pursuant to this subtitle, ex12 cluding any personally identifiable information described 13 in section 343. 14 SEC. 343. LIMITATIONS ON PUBLICATION OF DATA. 15 The name or identifying information of a law enforce- 16 ment officer, complainant, or any other individual involved 17 in any activity for which data is collected and compiled 18 under this subtitle shall not be— 19 (1) released to the public; 20 (2) disclosed to any person, except for— 21 (A) such disclosures as are necessary to 22 comply with this subtitle; 23 (B) disclosures of information regarding a 24 particular person to that person; or 25 (C) disclosures pursuant to litigation; or g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 63 1 (3) subject to disclosure under section 552 of 2 title 5, United States Code (commonly known as the 3 Freedom of Information Act), except for disclosures 4 of information regarding a particular person to that 5 person. 6 PART V—DEPARTMENT OF JUSTICE REGULA7 TIONS AND REPORTS ON RACIAL PROFILING 8 IN THE UNITED STATES 9 SEC. 351. ATTORNEY GENERAL TO ISSUE REGULATIONS 10 11 AND REPORTS. (a) REGULATIONS.—In addition to the regulations re- 12 quired under sections 333 and 341, the Attorney General 13 shall issue such other regulations as the Attorney General 14 determines are necessary to implement this subtitle. 15 (b) REPORTS.— 16 (1) IN later than 2 years after 17 the date of enactment of this Act, and annually 18 thereafter, the Attorney General shall submit to 19 Congress a report on racial profiling by law enforce- 20 ment agencies. 21 22 (2) SCOPE.—Each report submitted under paragraph (1) shall include— 23 (A) a summary of data collected under sec- 24 tions 321(b)(3) and 331(b)(3) and from any g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 GENERAL.—Not 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 64 1 other reliable source of information regarding 2 racial profiling in the United States; 3 (B) a discussion of the findings in the 4 most recent report prepared by the Department 5 of Justice Bureau of Justice Statistics under 6 section 341(b)(7); 7 (C) the status of the adoption and imple- 8 mentation of policies and procedures by Federal 9 law enforcement agencies under section 321 10 and by the State and local law enforcement 11 agencies under sections 331 and 332; and 12 (D) a description of any other policies and 13 procedures that the Attorney General believes 14 would 15 profiling. facilitate the elimination of racial 16 Subtitle B—Additional Reforms 17 SEC. 361. TRAINING ON RACIAL BIAS AND DUTY TO INTER- 18 19 VENE. (a) IN GENERAL.—The Attorney General shall estab- 20 lish— 21 22 (1) a training program to cover racial profiling, implicit bias, and procedural justice; and 23 (2) a clear duty for Federal law enforcement of- 24 ficers to intervene in cases where another law en- 25 forcement officer is using excessive force against a g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 65 1 civilian, and establish a training program that covers 2 the duty to intervene. 3 (b) MANDATORY TRAINING 4 FORCEMENT FOR FEDERAL LAW EN- OFFICERS.—The head of each Federal law 5 enforcement agency shall require each Federal law en6 forcement officer employed by the agency to complete the 7 training programs established under subsection (a). 8 (c) LIMITATION ON ELIGIBILITY FOR FUNDS.—Be- 9 ginning in the first fiscal year beginning after the date 10 of enactment of this Act, a State or local jurisdiction may 11 not receive funds under the Byrne grant program for a 12 fiscal year if, on the day before the first day of the fiscal 13 year, the State or local jurisdiction does not require each 14 law enforcement officer in the State or local jurisdiction 15 to complete the training programs established under sub16 section (a). 17 18 (d) GRANTS CERS ON USE OF TRAIN LAW ENFORCEMENT OFFI- TO FORCE.— Section 501(a)(1) of title I 19 of the Omnibus Crime Control and Safe Streets Act of 20 1968 (34 U.S.C. 10152(a)(1)) is amended by adding at 21 the end the following: 22 ‘‘(I) Training programs for law enforce- 23 ment officers, including training programs on 24 use of force and a duty to intervene.’’. g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 66 1 SEC. 362. BAN ON NO-KNOCK WARRANTS IN DRUG CASES. 2 (a) BAN ON FEDERAL WARRANTS IN DRUG CASES.— 3 Section 509 of the Controlled Substances Act (21 U.S.C. 4 879) is amended by adding at the end the following: ‘‘A 5 search warrant authorized under this section shall require 6 that a law enforcement officer execute the search warrant 7 only after providing notice of his or her authority and pur8 pose.’’. 9 (b) DEFINITION.—In this section, the term ‘‘no- 10 knock warrant’’ means a warrant that allows a law en11 forcement officer to enter a property without requiring the 12 law enforcement officer to announce the presence of the 13 law enforcement officer or the intention of the law enforce14 ment officer to enter the property. 15 (c) LIMITATION ON ELIGIBILITY FOR FUNDS.—Be- 16 ginning in the first fiscal year beginning after the date 17 of enactment of this Act, a State or local jurisdiction may 18 not receive funds under the COPS grant program for a 19 fiscal year if, on the day before the first day of the fiscal 20 year, the State or other jurisdiction does not have in effect 21 a law that prohibits the issuance of a no-knock warrant 22 in a drug case. 23 SEC. 363. INCENTIVIZING BANNING OF CHOKEHOLDS AND 24 25 CAROTID HOLDS. (a) DEFINITION.—In this section, the term 26 ‘‘chokehold or carotid hold’’ means the application of any g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 67 1 pressure to the throat or windpipe, the use of maneuvers 2 that restrict blood or oxygen flow to the brain, or carotid 3 artery restraints that prevent or hinder breathing or re4 duce intake of air of an individual. 5 (b) LIMITATION ON ELIGIBILITY FOR FUNDS.—Be- 6 ginning in the first fiscal year beginning after the date 7 of enactment of this Act, a State or local jurisdiction may 8 not receive funds under the Byrne grant program or the 9 COPS grant program for a fiscal year if, on the day before 10 the first day of the fiscal year, the State or other jurisdic11 tion does not have in effect a law that prohibits law en12 forcement officers in the State or other jurisdiction from 13 using a chokehold or carotid hold. 14 (c) CHOKEHOLDS 15 (1) SHORT CIVIL RIGHTS VIOLATIONS.— TITLE.—This subsection may be 16 cited as the ‘‘Eric Garner Excessive Use of Force 17 Prevention Act’’. 18 (2) CHOKEHOLDS AS CIVIL RIGHTS VIOLA- 19 TIONS.—Section 20 as amended by section 101, is amended by adding 21 at the end the following: ‘‘For the purposes of this 22 section, the application of any pressure to the throat 23 or windpipe, use of maneuvers that restrict blood or 24 oxygen flow to the brain, or carotid artery restraints g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 AS 22:21 Jun 07, 2020 Jkt 000000 242 of title 18, United States Code, (765191 4) PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 68 1 which prevent or hinder breathing or reduce intake 2 of air is a punishment, pain, or penalty.’’. 3 SEC. 364. PEACE ACT. 4 (a) SHORT TITLE.—This section may be cited as the 5 ‘‘Police Exercising Absolute Care With Everyone Act of 6 2020’’ or the ‘‘PEACE Act of 2020’’. 7 8 (b) USE MENT OF BY FEDERAL LAW ENFORCE- OFFICERS.— 9 (1) DEFINITIONS.—In this subsection: 10 (A) DEADLY FORCE.—The term ‘‘deadly 11 force’’ means force that creates a substantial 12 risk of causing death or serious bodily injury, 13 including— 14 (i) the discharge of a firearm; 15 (ii) a maneuver that restricts blood or 16 oxygen 17 chokeholds, strangleholds, neck restraints, 18 neckholds, and carotid artery restraints; 19 and 20 flow to the brain, including (iii) multiple discharges of an elec- 21 tronic control weapon. 22 (B) DEESCALATION TACTICS AND TECH- 23 NIQUES.—The 24 techniques’’ means proactive actions and ap- 25 proaches used by a Federal law enforcement of- g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 FORCE 22:21 Jun 07, 2020 Jkt 000000 term ‘‘deescalation tactics and (765191 4) PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 69 1 ficer to stabilize the situation so that more 2 time, options, and resources are available to 3 gain a person’s voluntary compliance and re- 4 duce or eliminate the need to use force, includ- 5 ing verbal persuasion, warnings, tactical tech- 6 niques, slowing down the pace of an incident, 7 waiting out a subject, creating distance between 8 the officer and the threat, and requesting addi- 9 tional resources to resolve the incident. 10 (C) FEDERAL 11 CER.—The 12 cer’’ means any officer, agent, or employee of 13 the United States authorized by law or by a 14 Government agency to engage in or supervise 15 the prevention, detection, investigation, or pros- 16 ecution of any violation of Federal criminal law. 17 term ‘‘Federal law enforcement offi- (D) LESS LETHAL FORCE.—The term 18 ‘‘less lethal force’’ means any degree of force 19 that is not likely to have lethal effect. 20 (E) NECESSARY.—The term ‘‘necessary’’ 21 means that another reasonable Federal law en- 22 forcement officer would objectively conclude, 23 under the totality of the circumstances, that 24 there was no reasonable alternative to the use 25 of force. g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 LAW ENFORCEMENT OFFI- 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 70 1 (F) REASONABLE 2 (i) IN GENERAL.—The term ‘‘reason- 3 able alternatives’’ means tactics and meth- 4 ods used by a Federal law enforcement of- 5 ficer to effectuate an arrest that do not 6 unreasonably increase the risk posed to the 7 law enforcement officer or another person, 8 including verbal communication, distance, 9 warnings, deescalation tactics and tech- 10 niques, tactical repositioning, and other 11 tactics and techniques intended to stabilize 12 the situation and reduce the immediacy of 13 the risk so that more time, options, and re- 14 sources can be called upon to resolve the 15 situation without the use of force. 16 (ii) DEADLY FORCE.—With respect to 17 the use of deadly force, the term ‘‘reason- 18 able alternatives’’ includes the use of less 19 lethal force. 20 (G) TOTALITY OF THE CIRCUMSTANCES.— 21 The term ‘‘totality of the circumstances’’ means 22 all credible facts known to the Federal law en- 23 forcement officer leading up to and at the time 24 of the use of force, including the actions of the 25 person against whom the Federal law enforce- g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 ALTERNATIVES.— 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 71 1 ment officer uses such force and the actions of 2 the Federal law enforcement officer. 3 (2) PROHIBITION 4 Federal law enforcement officer may not use any 5 less lethal force unless— 6 (A) the form of less lethal force used is 7 necessary and proportional in order to effec- 8 tuate an arrest of a person who the officer has 9 probable cause to believe has committed a 10 criminal offense; and 11 (B) reasonable alternatives to the use of 12 the form of less lethal force have been ex- 13 hausted. 14 (3) PROHIBITION ON DEADLY USE OF FORCE.— 15 A Federal law enforcement officer may not use 16 deadly force against a person unless— 17 (A) the form of deadly force used is nec- 18 essary, as a last resort, to prevent imminent 19 and serious bodily injury or death to the officer 20 or another person; 21 (B) the use of the form of deadly force cre- 22 ates no substantial risk of injury to a third per- 23 son; and 24 (C) reasonable alternatives to the use of 25 the form of deadly force have been exhausted. g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 ON LESS LETHAL FORCE.—A 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 72 1 (4) REQUIREMENT 2 ING.—When 3 person, a Federal law enforcement officer shall iden- 4 tify himself or herself as a Federal law enforcement 5 officer, and issue a verbal warning to the person 6 that the Federal law enforcement officer seeks to ap- 7 prehend, which shall— 8 feasible, prior to using force against a (A) include a request that the person sur- 9 render to the law enforcement officer; and 10 (B) notify the person that the law enforce- 11 ment officer will use force against the person if 12 the person resists arrest or flees. 13 (5) GUIDANCE ON USE OF FORCE.—Not later 14 than 120 days after the date of enactment of this 15 Act, the Attorney General, in consultation with im- 16 pacted persons, communities, and organizations, in- 17 cluding representatives of civil and human rights or- 18 ganizations, victims of police use of force, and rep- 19 resentatives of law enforcement associations, shall 20 provide guidance to Federal law enforcement agen- 21 cies on— 22 (A) the types of less lethal force and dead- 23 ly force that are prohibited under paragraphs 24 (2) and (3); and g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 TO GIVE VERBAL WARN- 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 73 1 (B) how a Federal law enforcement officer 2 can— 3 (i) assess whether the use of force is 4 appropriate and necessary; and 5 (ii) use the least amount of force 6 when interacting with— 7 (I) pregnant individuals; 8 (II) children and youth under 21 9 years of age; 10 (III) elderly persons; 11 (IV) persons with mental, behav- 12 ioral, or physical disabilities or im- 13 pairments; 14 (V) persons experiencing percep- 15 tual or cognitive impairments due to 16 use 17 hallucinogens, or other drugs; 18 alcohol, narcotics, (VI) persons suffering from a se- 19 rious medical condition; and 20 (VII) 21 persons with limited English proficiency. 22 (6) TRAINING.—The Attorney General shall 23 provide training to Federal law enforcement officers 24 on interacting people described in subclauses (I) 25 through (VII) of paragraph (5)(B)(ii). g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 of 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 74 1 2 (7) LIMITATION ON JUSTIFICATION DE- FENSE.— 3 (A) IN GENERAL.—Chapter 51 of title 18, 4 United States Code, is amended by adding at 5 the end the following: 6 ‘‘§ 1123. Limitation on justification defense for Fed7 8 eral law enforcement officers ‘‘(a) IN GENERAL.—It is not a defense to an offense 9 under section 1111 or 1112 that the use of less lethal 10 force or deadly force was justified in the case of a Federal 11 law enforcement officer— 12 ‘‘(1) whose use of such force was inconsistent 13 with section 2 of the Police Exercising Absolute 14 Care With Everyone Act of 2020; or 15 ‘‘(2) whose gross negligence, leading up to and 16 at the time of the use of force, contributed to the 17 necessity of the use of such force. 18 ‘‘(b) DEFINITIONS.—In this section— 19 ‘‘(1) the terms ‘deadly force’ and ‘less lethal 20 force’ have the meanings given such terms in section 21 2 of the Police Exercising Absolute Care With Ev- 22 eryone Act of 2020; and 23 ‘‘(2) the term ‘Federal law enforcement officer’ 24 has the meaning given such term in section 115.’’. g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 75 1 (B) CLERICAL AMENDMENT.—The table of 2 sections for chapter 51 of title 18, United 3 States Code, is amended by inserting after the 4 item related to section 1122 the following: ‘‘1123. Limitation on justification defense for Federal law enforcement officers.’’. 5 6 (c) LIMITATION THE ON THE RECEIPT OF FUNDS UNDER EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE 7 GRANT PROGRAM.— 8 (1) LIMITATION.—A State or other jurisdiction, 9 other than an Indian Tribe, may not receive funds 10 that the State or other jurisdiction would otherwise 11 receive under subpart 1 of part E of title I of the 12 Omnibus Crime Control and Safe Streets Act of 13 1968 (34 U.S.C. 10151 et seq.) for a fiscal year if, 14 on the day before the first day of the fiscal year, the 15 State or other jurisdiction does not have in effect a 16 law that is consistent with subsection (b) of this Act 17 and section 1123 of title 18, United States Code, as 18 determined by the Attorney General. 19 (2) SUBSEQUENT 20 (A) IN GENERAL.—If funds described in 21 paragraph (1) are withheld from a State or 22 other jurisdiction pursuant to paragraph (1) for 23 1 or more fiscal years, and the State or other 24 jurisdiction enacts or puts in place a law de- g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 ENACTMENT.— 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 76 1 scribed in paragraph (1), and demonstrates 2 substantial efforts to enforce such law, subject 3 to subparagraph (B), the State or other juris- 4 diction shall be eligible, in the fiscal year after 5 the fiscal year during which the State or other 6 jurisdiction demonstrates such substantial ef- 7 forts, to receive the total amount that the State 8 or other jurisdiction would have received during 9 each fiscal year for which funds were withheld. 10 (B) LIMIT 11 FUNDS.—A 12 receive funds under subparagraph (A) in an 13 amount that is more than the amount withheld 14 from the State or other jurisdiction during the 15 5-fiscal-year period before the fiscal year during 16 which funds are received under subparagraph 17 (A). 18 (3) GUIDANCE.—Not later than 120 days after 19 the date of enactment of this Act, the Attorney Gen- 20 eral, in consultation with impacted persons, commu- 21 nities, and organizations, including representatives 22 of civil and human rights organizations, individuals 23 against whom a law enforcement officer used force, 24 and representatives of law enforcement associations, 25 shall make guidance available to States and other g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 ON AMOUNT OF PRIOR YEAR 22:21 Jun 07, 2020 Jkt 000000 State or other jurisdiction may not (765191 4) PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 77 1 jurisdictions on the criteria that the Attorney Gen- 2 eral will use in determining whether the State or ju- 3 risdiction has in place a law described in paragraph 4 (1). 5 (4) APPLICATION.—This subsection shall apply 6 to the first fiscal year that begins after the date that 7 is 1 year after the date of the enactment of this Act, 8 and each fiscal year thereafter. 9 SEC. 365. STOP MILITARIZING LAW ENFORCEMENT ACT. 10 (a) FINDINGS.—Congress makes the following find- 11 ings: 12 (1) Under section 2576a of title 10, United 13 States Code, the Department of Defense is author- 14 ized to provide excess property to local law enforce- 15 ment agencies. The Defense Logistics Agency, ad- 16 ministers such section by operating the Law En- 17 forcement Support Office program. 18 (2) New and used material, including mine-re- 19 sistant ambush-protected vehicles and weapons de- 20 termined by the Department of Defense to be ‘‘mili- 21 tary grade’’ are transferred to Federal, Tribal, 22 State, and local law enforcement agencies through 23 the program. 24 (3) As a result local law enforcement agencies, 25 including police and sheriff’s departments, are ac- g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 78 1 quiring this material for use in their normal oper- 2 ations. 3 (4) As a result of the wars in Iraq and Afghani- 4 stan, military equipment purchased for, and used in, 5 those wars has become excess property and has been 6 made available for transfer to local and Federal law 7 enforcement agencies. 8 (5) In Fiscal Year 2017, $504,000,000 worth 9 of property was transferred to law enforcement 10 agencies. 11 (6) More than $6,800,000,000 worth of weap- 12 ons and equipment have been transferred to police 13 organizations in all 50 States and four territories 14 through the program. 15 (7) In May 2012, the Defense Logistics Agency 16 instituted a moratorium on weapons transfers 17 through the program after reports of missing equip- 18 ment and inappropriate weapons transfers. 19 (8) Though the moratorium was widely pub- 20 licized, it was lifted in October 2013 without ade- 21 quate safeguards. 22 (9) On January 16, 2015, President Barack 23 Obama issued Executive Order 13688 to better co- 24 ordinate and regulate the federal transfer of military g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 79 1 weapons and equipment to State, local, and Tribal 2 law enforcement agencies. 3 (10) In July, 2017, the Government Account- 4 ability Office reported that the program’s internal 5 controls were inadequate to prevent fraudulent appli- 6 cants’ access to the program. 7 (11) On August, 28, 2017, President Donald 8 Trump rescinded Executive Order 13688 despite a 9 July 2017 Government Accountability Office report 10 finding deficiencies with the administration of the 11 1033 program. 12 (12) As a result, Federal, State, and local law 13 enforcement departments across the country are eli- 14 gible again to acquire free ‘‘military-grade’’ weapons 15 and equipment that could be used inappropriately 16 during policing efforts in which people and taxpayers 17 could be harmed. 18 (13) The Department of Defense categorizes 19 equipment eligible for transfer under the 1033 pro- 20 gram as ‘‘controlled’’ and ‘‘un-controlled’’ equip- 21 ment. ‘‘Controlled equipment’’ includes weapons, ex- 22 plosives such as flash-bang grenades, mine-resistant 23 ambush-protected vehicles, long-range acoustic de- 24 vices, aircraft capable of being modified to carry ar- g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 80 1 mament that are combat coded, and silencers, 2 among other military grade items. 3 (b) LIMITATION 4 TRANSFER 5 OF FORCEMENT 6 7 PERSONAL PROPERTY TO OF DEFENSE LOCAL LAW EN- AGENCIES.— (1) IN GENERAL.—Section 2576a of title 10, United States Code, is amended— 8 (A) in subsection (a)— 9 (i) in paragraph (1)(A), by striking 10 ‘‘counterdrug, counterterrorism, and bor- 11 der 12 ‘‘counterterrorism’’; and security activities’’ and inserting 13 (ii) in paragraph (2), by striking ‘‘, 14 the Director of National Drug Control Pol- 15 icy,’’; 16 (B) in subsection (b)— 17 (i) in paragraph (5), by striking 18 ‘‘and’’ at the end; 19 (ii) in paragraph (6), by striking the 20 period and inserting a semicolon; and 21 (iii) by adding at the end the fol- 22 lowing new paragraphs: 23 ‘‘(7) the recipient submits to the Department of 24 Defense a description of how the recipient expects to 25 use the property; g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 DEPARTMENT ON 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 81 1 ‘‘(8) the recipient certifies to the Department of 2 Defense that if the recipient determines that the 3 property is surplus to the needs of the recipient, the 4 recipient will return the property to the Department 5 of Defense; 6 ‘‘(9) with respect to a recipient that is not a 7 Federal agency, the recipient certifies to the Depart- 8 ment of Defense that the recipient notified the local 9 community of the request for personal property 10 under this section by— 11 ‘‘(A) publishing a notice of such request on 12 a publicly accessible Internet website; 13 ‘‘(B) posting such notice at several promi- 14 nent locations in the jurisdiction of the recipi- 15 ent; and 16 ‘‘(C) ensuring that such notices were avail- 17 able to the local community for a period of not 18 less than 30 days; and 19 ‘‘(10) the recipient has received the approval of 20 the city council or other local governing body to ac- 21 quire the personal property sought under this sec- 22 tion.’’; 23 (C) by striking subsection (d); 24 (D) by redesignating subsections (e) and 25 (f) as subsections (o) and (p), respectively; and g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 82 1 (E) by inserting after subsection (c) the 2 3 following new subsections: ‘‘(d) ANNUAL CERTIFICATION ACCOUNTING FOR 4 TRANSFERRED PROPERTY.—(1) For each fiscal year, the 5 Secretary shall submit to Congress certification in writing 6 that each Federal or State agency to which the Secretary 7 has transferred property under this section— 8 ‘‘(A) has provided to the Secretary documenta- 9 tion accounting for all controlled property, including 10 arms and ammunition, that the Secretary has trans- 11 ferred to the agency, including any item described in 12 subsection (f) so transferred before the date of the 13 enactment of the Stop Militarizing Law Enforce- 14 ment Act; and 15 ‘‘(B) with respect to a non-Federal agency, car- 16 ried out each of paragraphs (5) through (8) of sub- 17 section (b). 18 ‘‘(2) If the Secretary cannot provide a certification 19 under paragraph (1) for a Federal or State agency, the 20 Secretary may not transfer additional property to that 21 agency under this section. 22 ‘‘(e) ANNUAL REPORT ON EXCESS PROPERTY.—Be- 23 fore making any property available for transfer under this 24 section, the Secretary shall annually submit to Congress 25 a description of the property to be transferred together g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 83 1 with a certification that the transfer of the property would 2 not violate this section or any other provision of law. 3 ‘‘(f) LIMITATIONS ON TRANSFERS.—(1) The Sec- 4 retary may not transfer to Federal, Tribal, State, or local 5 law enforcement agencies the following under this section: 6 ‘‘(A) Controlled firearms, ammunition, bayo- 7 nets, grenade launchers, grenades (including stun 8 and flash-bang) and explosives. 9 ‘‘(B) Controlled vehicles, highly mobile multi- 10 wheeled vehicles, mine-resistant ambush-protected 11 vehicles, trucks, truck dump, truck utility, and truck 12 carryall. 13 14 ‘‘(C) Drones that are armored, weaponized, or both. 15 ‘‘(D) Controlled aircraft that— 16 ‘‘(i) are combat configured or combat 17 coded; or 18 ‘‘(ii) have no established commercial flight 19 application. 20 ‘‘(E) Silencers. 21 ‘‘(F) Long-range acoustic devices. 22 ‘‘(G) Items in the Federal Supply Class of 23 banned items. 24 ‘‘(2) The Secretary may not require, as a condition 25 of a transfer under this section, that a Federal or State g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 84 1 agency demonstrate the use of any small arms or ammuni2 tion. 3 ‘‘(3) The limitations under this subsection shall also 4 apply with respect to the transfer of previously transferred 5 property of the Department of Defense from one Federal 6 or State agency to another such agency. 7 ‘‘(4)(A) The Secretary may waive the applicability of 8 paragraph (1) to a vehicle described in subparagraph (B) 9 of such paragraph (other than a mine-resistant ambush10 protected vehicle), if the Secretary determines that such 11 a waiver is necessary for disaster or rescue purposes or 12 for another purpose where life and public safety are at 13 risk, as demonstrated by the proposed recipient of the ve14 hicle. 15 ‘‘(B) If the Secretary issues a waiver under subpara- 16 graph (A), the Secretary shall— 17 ‘‘(i) submit to Congress notice of the waiver, 18 and post such notice on a public Internet website of 19 the Department, by not later than 30 days after the 20 date on which the waiver is issued; and 21 ‘‘(ii) require, as a condition of the waiver, that 22 the recipient of the vehicle for which the waiver is 23 issued provides public notice of the waiver and the 24 transfer, including the type of vehicle and the pur- 25 pose for which it is transferred, in the jurisdiction g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 85 1 where the recipient is located by not later than 30 2 days after the date on which the waiver is issued. 3 ‘‘(5) The Secretary may provide for an exemption to 4 the limitation under subparagraph (D) of paragraph (1) 5 in the case of parts for aircraft described in such subpara6 graph that are transferred as part of regular maintenance 7 of aircraft in an existing fleet. 8 ‘‘(6) The Secretary shall require, as a condition of 9 any transfer of property under this section, that the Fed10 eral or State agency that receives the property shall return 11 the property to the Secretary if the agency— 12 13 ‘‘(A) is investigated by the Department of Justice for any violation of civil liberties; or 14 ‘‘(B) is otherwise found to have engaged in 15 widespread abuses of civil liberties. 16 ‘‘(g) CONDITIONS FOR EXTENSION OF PROGRAM.— 17 Notwithstanding any other provision of law, amounts au18 thorized to be appropriated or otherwise made available 19 for any fiscal year may not be obligated or expended to 20 carry out this section unless the Secretary submits to Con21 gress certification that for the preceding fiscal year that— 22 ‘‘(1) each Federal or State agency that has re- 23 ceived controlled property transferred under this sec- 24 tion has— g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 86 1 ‘‘(A) demonstrated 100 percent account- 2 ability for all such property, in accordance with 3 paragraph (2) or (3), as applicable; or 4 ‘‘(B) been suspended from the program 5 pursuant to paragraph (4); 6 ‘‘(2) with respect to each non-Federal agency 7 that has received controlled property under this sec- 8 tion, the State coordinator responsible for each such 9 agency has verified that the coordinator or an agent 10 of the coordinator has conducted an in-person inven- 11 tory of the property transferred to the agency and 12 that 100 percent of such property was accounted for 13 during the inventory or that the agency has been 14 suspended from the program pursuant to paragraph 15 (4); 16 ‘‘(3) with respect to each Federal agency that 17 has received controlled property under this section, 18 the Secretary of Defense or an agent of the Sec- 19 retary has conducted an in-person inventory of the 20 property transferred to the agency and that 100 per- 21 cent of such property was accounted for during the 22 inventory or that the agency has been suspended 23 from the program pursuant to paragraph (4); 24 ‘‘(4) the eligibility of any agency that has re- 25 ceived controlled property under this section for g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 87 1 which 100 percent of the property was not ac- 2 counted for during an inventory described in para- 3 graph (1) or (2), as applicable, to receive any prop- 4 erty transferred under this section has been sus- 5 pended; and 6 ‘‘(5) each State coordinator has certified, for 7 each non-Federal agency located in the State for 8 which the State coordinator is responsible that— 9 ‘‘(A) the agency has complied with all re- 10 quirements under this section; or 11 ‘‘(B) the eligibility of the agency to receive 12 property transferred under this section has been 13 suspended; and 14 ‘‘(6) the Secretary of Defense has certified, for 15 each Federal agency that has received property 16 under this section that— 17 ‘‘(A) the agency has complied with all re- 18 quirements under this section; or 19 ‘‘(B) the eligibility of the agency to receive 20 property transferred under this section has been 21 suspended. 22 ‘‘(h) PROHIBITION ON OWNERSHIP OF CONTROLLED 23 PROPERTY.—A Federal or State agency that receives con24 trolled property under this section may never take owner25 ship of the property. g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 88 1 2 ‘‘(i) NOTICE GRADES.—Not TO CONGRESS OF PROPERTY DOWN- later than 30 days before downgrading the 3 classification of any item of personal property from con4 trolled or Federal Supply Class, the Secretary shall submit 5 to Congress notice of the proposed downgrade. 6 7 ‘‘(j) NOTICE TO CONGRESS OF PROPERTY CANNIBALIZATION.—Before the Defense Logistics Agency author- 8 izes the recipient of property transferred under this sec9 tion to cannibalize the property, the Secretary shall submit 10 to Congress notice of such authorization, including the 11 name of the recipient requesting the authorization, the 12 purpose of the proposed cannibalization, and the type of 13 property proposed to be cannibalized. 14 ‘‘(k) QUARTERLY REPORTS ON USE OF CONTROLLED 15 EQUIPMENT.—Not later than 30 days after the last day 16 of a fiscal quarter, the Secretary shall submit to Congress 17 a report on any uses of controlled property transferred 18 under this section during that fiscal quarter. 19 ‘‘(l) REPORTS TO CONGRESS.—Not later than 30 20 days after the last day of a fiscal year, the Secretary shall 21 submit to Congress a report on the following for the pre22 ceding fiscal year: 23 ‘‘(1) The percentage of equipment lost by re- 24 cipients of property transferred under this section, 25 including specific information about the type of g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 89 1 property lost, the monetary value of such property, 2 and the recipient that lost the property. 3 ‘‘(2) The transfer of any new (condition code 4 A) property transferred under this section, including 5 specific information about the type of property, the 6 recipient of the property, the monetary value of each 7 item of the property, and the total monetary value 8 of all such property transferred during the fiscal 9 year.’’. 10 (2) EFFECTIVE DATE.—The amendments made 11 by paragraph (1) shall apply with respect to any 12 transfer of property made after the date of the en- 13 actment of this Act. 14 SEC. 366. BEST PRACTICES FOR LOCAL LAW ENFORCE- 15 MENT AGENCIES. 16 (a) COPS GRANTS USED 17 ON FOR LOCAL TASK FORCES POLICING INNOVATION.—Part Q of title I of the of 18 the Omnibus Crime Control and Safe Streets Act of 1968 19 (34 U.S.C. 10381 et seq.) is amended— 20 (1) in section 1701(b) (34 U.S.C. 13081(b)), as 21 amended by section 104 of this Act, is amended— 22 (A) by redesignating paragraphs (23) and 23 (24) as paragraphs (24) and (25), respectively; 24 (B) in paragraph (23), as so redesignated, 25 by striking ‘‘(22)’’ and inserting ‘‘(23)’’; and g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 90 1 (C) by inserting after paragraph (22) the 2 following: 3 ‘‘(23) to develop best practices for and to create 4 local task forces on policing innovation;’’; and 5 (2) in section 1709 (34 U.S.C. 13089), as 6 amended by section 104 of this Act, is amended by 7 adding at the end the following: 8 ‘‘(9) ‘local task force on policing innovation’ 9 means an administrative entity that develops best 10 practices and programs to enhance community serv- 11 ice and accountability of law enforcement officers.’’. 12 (b) ATTORNEY GENERAL TO CONDUCT STUDY.— 13 (1) STUDY.— 14 (A) IN Attorney General 15 shall conduct a nationwide study of the preva- 16 lence and effect of any law, rule, or procedure 17 that allows a law enforcement officer to delay 18 the response to questions posed by a local inter- 19 nal affairs officer, or review board on the inves- 20 tigative integrity and prosecution of law en- 21 forcement misconduct, including pre-interview 22 warnings and termination policies. 23 (B) INITIAL ANALYSIS.—The Attorney 24 General shall perform an initial analysis of ex- 25 isting State statutes to determine whether, at a g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 GENERAL.—The 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 91 1 threshold level, the effect of this type of rule or 2 procedure raises material investigatory issues 3 that could impair or hinder a prompt and thor- 4 ough investigation of possible misconduct, in- 5 cluding criminal conduct, that would justify a 6 wider inquiry. 7 (C) DATA completion 8 of the initial analysis under subparagraph (B), 9 and considering material investigatory issues, 10 the Attorney General shall gather additional 11 data nationwide on similar rules from a rep- 12 resentative and statistically significant sample 13 of jurisdictions, to determine whether such rules 14 and procedures raise such material investiga- 15 tory issues. 16 (2) REPORTING.— 17 (A) INITIAL ANALYSIS.—Not later than 18 120 days after the date of the enactment of this 19 Act, the Attorney General shall— 20 (i) submit to Congress a report con- 21 taining the results of the initial analysis 22 conducted under paragraph (1)(B); 23 (ii) make the report submitted under 24 clause (i) available to the public; and g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 COLLECTION.—After 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 92 1 (iii) identify the jurisdictions for 2 which the study described in paragraph 3 (1)(A) is to be conducted. 4 (B) DATA COLLECTED.—Not later than 2 5 years after the date of the enactment of this 6 Act, the Attorney General shall submit to Con- 7 gress a report containing the results of the data 8 collected under this section and publish the re- 9 port in the Federal Register. 10 (c) CRISIS INTERVENTION TEAMS.—Section 501(c) 11 of title I of the Omnibus Crime Control and Safe Streets 12 Act of 1968 (34 U.S.C. 10152(c)) is amended by adding 13 at the end the following: 14 ‘‘(3) In the case of crisis intervention teams 15 funded under subsection (a)(1)(H), a program as- 16 sessment under this subsection shall contain a report 17 on best practices for crisis intervention.’’. 18 (d) USE OF COPS GRANT PROGRAM TO HIRE LAW 19 ENFORCEMENT OFFICERS WHO ARE RESIDENTS OF THE 20 COMMUNITIES THEY SERVE.—Section 1701(b) of title I 21 of the Omnibus Crime Control and Safe Streets Act of 22 1968 (34 U.S.C. 10381(b)), as amended by subsection (a) 23 of this section, is amended— 24 25 (1) by redesignating paragraphs (24) and (25) as paragraphs (27) and (28), respectively; g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 93 1 2 (2) in paragraph (27), as so redesignated, by striking ‘‘(23)’’ and inserting ‘‘(26)’’; and 3 4 (3) by inserting after paragraph (23) the following: 5 ‘‘(24) to recruit, hire, incentivize, retain, de- 6 velop, and train new, additional career law enforce- 7 ment officers or current law enforcement officers 8 who are willing to relocate to communities— 9 ‘‘(A) where there are poor or fragmented 10 relationships between police and residents of the 11 community, or where there are high incidents of 12 crime; and 13 ‘‘(B) that are the communities that the law 14 enforcement officers serve, or that are in close 15 proximity to the communities that the law en- 16 forcement officers serve; 17 ‘‘(25) to collect data on the number of law en- 18 forcement officers who are willing to relocate to the 19 communities where they serve, and whether such law 20 enforcement officer relocations have impacted crime 21 in such communities; 22 ‘‘(26) to develop and publicly report strategies 23 and timelines to recruit, hire, promote, retain, de- 24 velop, and train a diverse and inclusive law enforce- g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 94 1 ment workforce, consistent with merit system prin- 2 ciples and applicable law;’’. 4 Subtitle C—Law Enforcement Body Cameras 5 PART I—FEDERAL POLICE CAMERA AND 6 ACCOUNTABILITY ACT 3 7 SEC. 371. SHORT TITLE. 8 This part may be cited as the ‘‘Federal Police Cam- 9 era and Accountability Act’’. 10 SEC. 372. REQUIREMENTS FOR FEDERAL UNIFORMED OFFI- 11 CERS REGARDING THE USE OF BODY CAM- 12 ERAS. 13 (a) DEFINITIONS.—In this section: 14 15 (1) MINOR.—The term ‘‘minor’’ means any individual under 18 years of age. 16 17 (2) SUBJECT term ‘‘subject of the video footage’’— 18 (A) means any identifiable uniformed offi- 19 cer or any identifiable suspect, victim, detainee, 20 conversant, injured party, or other similarly sit- 21 uated person who appears on the body camera 22 recording; and 23 (B) does not include people who only inci- 24 dentally appear on the recording. g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 OF THE VIDEO FOOTAGE.—The 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 95 1 (3) UNIFORMED term ‘‘uni- 2 formed officer’’ means any person authorized by law 3 to conduct searches and effectuate arrests, either 4 with or without a warrant, and who is employed by 5 the Federal Government. 6 7 (4) USE OF FORCE.—The term ‘‘use of force’’ means any action by a uniformed officer that— 8 (A) results in death, injury, complaint of 9 injury, or complaint of pain that persists be- 10 yond the use of a physical control hold; 11 (B) involves the use of a weapon, including 12 a personal body weapon, chemical agent, impact 13 weapon, extended range impact weapon, sonic 14 weapon, sensory weapon, conducted energy de- 15 vice, or firearm, against a member of the pub- 16 lic; or 17 (C) involves any intentional pointing of a 18 firearm at a member of the public. 19 (5) VIDEO FOOTAGE.—The term ‘‘video foot- 20 age’’ means any images or audio recorded by a body 21 camera. 22 (b) REQUIREMENT TO WEAR BODY CAMERA.— 23 (1) IN GENERAL.—Uniformed officers with the 24 authority to conduct searches and make arrests shall 25 wear a body camera. g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 OFFICER.—The 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 96 1 2 (2) REQUIREMENT FOR BODY CAMERA.—A body camera required under paragraph (1) shall— 3 (A) have a field of view at least as broad 4 as the officer’s vision; and 5 (B) be worn in a manner that maximizes 6 the camera’s ability to capture video footage of 7 the officer’s activities. 8 (c) REQUIREMENT TO ACTIVATE.— 9 (1) IN GENERAL.—Both the video and audio re- 10 cording functions of the body camera shall be acti- 11 vated whenever a uniformed officer is responding to 12 a call for service or at the initiation of any other law 13 enforcement or investigative encounter between a 14 uniformed officer and a member of the public, except 15 that when an immediate threat to the officer’s life 16 or safety makes activating the camera impossible or 17 dangerous, the officer shall activate the camera at 18 the first reasonable opportunity to do so. 19 (2) ALLOWABLE DEACTIVATION.—The body 20 camera shall not be deactivated until the encounter 21 has fully concluded and the uniformed officer leaves 22 the scene. 23 (d) NOTIFICATION OF SUBJECT OF RECORDING.—A 24 uniformed officer who is wearing a body camera shall no25 tify any subject of the recording that he or she is being g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 97 1 recorded by a body camera as close to the inception of 2 the encounter as is reasonably possible. 3 (e) REQUIREMENTS.—Notwithstanding subsection 4 (c), the following shall apply to the use of a body camera: 5 (1) Prior to entering a private residence with- 6 out a warrant or in non-exigent circumstances, a 7 uniformed officer shall ask the occupant if the occu- 8 pant wants the officer to discontinue use of the offi- 9 cer’s body camera. If the occupant responds affirma- 10 tively, the uniformed officer shall immediately dis- 11 continue use of the body camera. The officer shall 12 record such communication using the officer’s body 13 camera. 14 (2) When interacting with an apparent crime 15 victim, a uniformed officer shall, as soon as prac- 16 ticable, ask the apparent crime victim if the appar- 17 ent crime victim wants the officer to discontinue use 18 of the officer’s body camera. If the apparent crime 19 victim responds affirmatively, the uniformed officer 20 shall immediately discontinue use of the body cam- 21 era. 22 (3) When interacting with a person seeking to 23 anonymously report a crime or assist in an ongoing 24 law enforcement investigation, a uniformed officer 25 shall, as soon as practicable, ask the person seeking g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 98 1 to remain anonymous, if the person seeking to re- 2 main anonymous wants the officer to discontinue use 3 of the officer’s body camera. If the person seeking 4 to remain anonymous responds affirmatively, the 5 uniformed officer shall immediately discontinue use 6 of the body camera. 7 (f) RECORDING 8 OF OF OFFERS TO DISCONTINUE USE BODY CAMERA.—Each offer of a uniformed officer to 9 discontinue the use of a body camera made pursuant to 10 subsection (d), and the responses thereto, shall be re11 corded by the body camera prior to discontinuing use of 12 the body camera. 13 (g) LIMITATIONS ON USE OF BODY CAMERA.—Body 14 cameras shall not be used to gather intelligence informa15 tion based on First Amendment protected speech, associa16 tions, or religion, or to record activity that is unrelated 17 to a response to a call for service or a law enforcement 18 or investigative encounter between a law enforcement offi19 cer and a member of the public, and shall not be equipped 20 with or subjected to any real time facial recognition tech21 nologies. 22 (h) EXCEPTIONS.—Uniformed officers— 23 (1) shall not be required to use body cameras 24 during investigative or enforcement encounters with 25 the public in the case that— g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 99 1 (A) recording would risk the safety of a 2 confidential informant, citizen informant, or un- 3 dercover officer; 4 (B) recording would pose a serious risk to 5 national security; or 6 (C) the officer is a military police officer, 7 a member of the United States Army Criminal 8 Investigation Command, or a protective detail 9 assigned to a Federal or foreign official while 10 performing his or her duties; and 11 (2) shall not activate a body camera while on 12 the grounds of any public, private or parochial ele- 13 mentary or secondary school, except when respond- 14 ing to an imminent threat to life or health. 15 (i) RETENTION OF FOOTAGE.— 16 (1) IN camera video footage 17 shall be retained by the law enforcement agency that 18 employs the officer whose camera captured the foot- 19 age, or an authorized agent thereof, for 6 months 20 after the date it was recorded, after which time such 21 footage shall be permanently deleted. 22 (2) RIGHT TO INSPECT.—During the 6-month 23 retention period described in paragraph (1), the fol- 24 lowing persons shall have the right to inspect the 25 body camera footage: g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 GENERAL.—Body 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 100 1 (A) Any person who is a subject of body 2 camera video footage, and their designated legal 3 counsel. 4 (B) A parent of a minor subject of body 5 camera video footage, and their designated legal 6 counsel. 7 (C) The spouse, next of kin, or legally au- 8 thorized designee of a deceased subject of body 9 camera video footage, and their designated legal 10 counsel. 11 (D) A uniformed officer whose body cam- 12 era recorded the video footage, and their des- 13 ignated legal counsel, subject to the limitations 14 and restrictions in this part. 15 (E) The superior officer of a uniformed of- 16 ficer whose body camera recorded the video 17 footage, subject to the limitations and restric- 18 tions in this part. 19 (F) Any defense counsel who claims, pur- 20 suant to a written affidavit, to have a reason- 21 able basis for believing a video may contain evi- 22 dence that exculpates a client. 23 (3) LIMITATION.—The right to inspect subject 24 to subsection (j)(1) shall not include the right to 25 possess a copy of the body camera video footage, un- g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 101 1 less the release of the body camera footage is other- 2 wise authorized by this part or by another applicable 3 law. When a body camera fails to capture some or 4 all of the audio or video of an incident due to mal- 5 function, displacement of camera, or any other 6 cause, any audio or video footage that is captured 7 shall be treated the same as any other body camera 8 audio or video footage under the law. 9 (j) ADDITIONAL RETENTION REQUIREMENTS.—Not- 10 withstanding the retention and deletion requirements in 11 subsection (i): 12 (1) Video footage shall be automatically re- 13 tained for not less than 3 years if the video footage 14 captures an interaction or event involving— 15 (A) any use of force; or 16 (B) an encounter about which a complaint 17 has been registered by a subject of the video 18 footage. 19 (2) Body camera video footage shall also be re- 20 tained for not less than 3 years if a longer retention 21 period is voluntarily requested by— 22 (A) the uniformed officer whose body cam- 23 era recorded the video footage, if that officer 24 reasonably asserts the video footage has evi- g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 102 1 dentiary or exculpatory value in an ongoing in- 2 vestigation; 3 (B) any uniformed officer who is a subject 4 of the video footage, if that officer reasonably 5 asserts the video footage has evidentiary or ex- 6 culpatory value; 7 (C) any superior officer of a uniformed of- 8 ficer whose body camera recorded the video 9 footage or who is a subject of the video footage, 10 if that superior officer reasonably asserts the 11 video footage has evidentiary or exculpatory 12 value; 13 (D) any uniformed officer, if the video 14 footage is being retained solely and exclusively 15 for police training purposes; 16 (E) any member of the public who is a 17 subject of the video footage; 18 (F) any parent or legal guardian of a 19 minor who is a subject of the video footage; or 20 (G) a deceased subject’s spouse, next of 21 22 kin, or legally authorized designee. (k) PUBLIC REVIEW.—For purposes of subpara- 23 graphs (E), (F), and (G) of subsection (j)(2), any member 24 of the public who is a subject of video footage, the parent 25 or legal guardian of a minor who is a subject of the video g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 103 1 footage, or a deceased subject’s next of kin or legally au2 thorized designee, shall be permitted to review the specific 3 video footage in question in order to make a determination 4 as to whether they will voluntarily request it be subjected 5 to a 3-year retention period. 6 (l) DISCLOSURE.— 7 (1) IN as provided in para- 8 graph (2), all video footage of an interaction or 9 event captured by a body camera, if that interaction 10 or event is identified with reasonable specificity and 11 requested by a member of the public, shall be pro- 12 vided to the person or entity making the request in 13 accordance with the procedures for requesting and 14 providing government records set forth in the section 15 552a of title 5, United States Code. 16 (2) EXCEPTIONS.—The following categories of 17 video footage shall not be released to the public in 18 the absence of express written permission from the 19 non-law enforcement subjects of the video footage: 20 (A) Video footage not subject to a min- 21 imum 3-year retention period pursuant to sub- 22 section (j). 23 (B) Video footage that is subject to a min- 24 imum 3-year retention period solely and exclu- g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 GENERAL.—Except 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 104 1 sively pursuant to paragraph (1)(B) or (2) of 2 subsection (j). 3 (3) PRIORITY 4 any time periods established for acknowledging and 5 responding to records requests in section 552a of 6 title 5, United States Code, responses to requests for 7 video footage that is subject to a minimum 3-year 8 retention period pursuant to subsection (j)(1)(A), 9 where a subject of the video footage is recorded 10 being killed, shot by a firearm, or grievously injured, 11 shall be prioritized and the requested video footage 12 shall be provided as expeditiously as possible, but in 13 no circumstances later than 5 days following receipt 14 of the request. 15 (4) USE 16 OF REDACTION TECHNOLOGY.— (A) IN GENERAL.—Whenever doing so is 17 necessary to protect personal privacy, the right 18 to a fair trial, the identity of a confidential 19 source or crime victim, or the life or physical 20 safety of any person appearing in video footage, 21 redaction technology may be used to obscure 22 the face and other personally identifying char- 23 acteristics of that person, including the tone of 24 the person’s voice, provided the redaction does 25 not interfere with a viewer’s ability to fully, g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 OF REQUESTS.—Notwithstanding 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 105 1 completely, and accurately comprehend the 2 events captured on the video footage. 3 (B) REQUIREMENTS.—The following re- 4 quirements shall apply to redactions under sub- 5 paragraph (A): 6 (i) When redaction is performed on 7 video footage pursuant to this paragraph, 8 an unedited, original version of the video 9 footage shall be retained pursuant to the 10 requirements of subsections (i) and (j). 11 (ii) Except pursuant to the rules for 12 the redaction of video footage set forth in 13 this subsection or where it is otherwise ex- 14 pressly authorized by this Act, no other ed- 15 iting or alteration of video footage, includ- 16 ing a reduction of the video footage’s reso- 17 lution, shall be permitted. 18 (5) APPLICABILITY.—The provisions governing 19 the production of body camera video footage to the 20 public in this part shall take precedence over all 21 other State and local laws, rules, and regulations to 22 the contrary. 23 (m) PROHIBITED WITHHOLDING OF FOOTAGE.— 24 Body camera video footage may not be withheld from the 25 public on the basis that it is an investigatory record or g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 106 1 was compiled for law enforcement purposes where any per2 son under investigation or whose conduct is under review 3 is a police officer or other law enforcement employee and 4 the video footage relates to that person’s on-the-job con5 duct. 6 (n) ADMISSIBILITY.—Any video footage retained be- 7 yond 6 months solely and exclusively pursuant to sub8 section (j)(2)(D) shall not be admissible as evidence in any 9 criminal or civil legal or administrative proceeding. 10 (o) CONFIDENTIALITY.—No government agency or 11 official, or law enforcement agency, officer, or official may 12 publicly disclose, release, or share body camera video foot13 age unless— 14 (1) doing so is expressly authorized pursuant to 15 this part or another applicable law; or 16 (2) the video footage is subject to public release 17 pursuant to subsection (l), and not exempted from 18 public release pursuant to subsection (l)(1). 19 (p) LIMITATION 20 OF ON UNIFORMED OFFICER VIEWING BODY CAMERA FOOTAGE.—No uniformed officer shall 21 review or receive an accounting of any body camera video 22 footage that is subject to a minimum 3-year retention pe23 riod pursuant to subsection (j)(1) prior to completing any 24 required initial reports, statements, and interviews regard25 ing the recorded event, unless doing so is necessary, while g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 107 1 in the field, to address an immediate threat to life or safe2 ty. 3 (q) ADDITIONAL LIMITATIONS.—Video footage may 4 not be— 5 (1) in the case of footage that is not subject to 6 a minimum 3-year retention period, viewed by any 7 superior officer of a uniformed officer whose body 8 camera recorded the footage absent a specific allega- 9 tion of misconduct; 10 (2) subjected to facial recognition or any other 11 form of automated analysis or analytics of any kind, 12 unless— 13 (A) a judicial warrant providing authoriza- 14 tion is obtained; 15 (B) the judicial warrant specifies the pre- 16 cise video recording to which the authorization 17 applies; and 18 (C) the authorizing court finds there is 19 probable cause to believe that the requested use 20 of facial recognition is relevant to an ongoing 21 criminal investigation; or 22 (3) divulged or used by any law enforcement 23 agency for any commercial or other non-law enforce- 24 ment purpose. g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 108 1 (r) THIRD PARTY MAINTENANCE OF FOOTAGE.— 2 Where a law enforcement agency authorizes a third party 3 to act as its agent in maintaining body camera footage, 4 the agent shall not be permitted to independently access, 5 view, or alter any video footage, except to delete videos 6 as required by law or agency retention policies. 7 (s) ENFORCEMENT.— 8 (1) IN any uniformed officer, 9 employee, or agent fails to adhere to the recording 10 or retention requirements contained in this part, in- 11 tentionally interfere with a body camera’s ability to 12 accurately capture video footage, or otherwise ma- 13 nipulate the video footage captured by a body cam- 14 era during or after its operation— 15 (A) appropriate disciplinary action shall be 16 taken against the individual officer, employee, 17 or agent; 18 (B) a rebuttable evidentiary presumption 19 shall be adopted in favor of criminal defendants 20 who reasonably assert that exculpatory evidence 21 was destroyed or not captured; and 22 (C) a rebuttable evidentiary presumption 23 shall be adopted on behalf of civil plaintiffs 24 suing the government, a law enforcement agen- 25 cy and/or uniformed officers for damages based g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 GENERAL.—If 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 109 1 on police misconduct who reasonably assert that 2 evidence supporting their claim was destroyed 3 or not captured. 4 (2) PROOF COMPLIANCE WAS IMPOSSIBLE.— 5 The disciplinary action requirement and rebuttable 6 presumptions described in paragraph (1) may be 7 overcome by contrary evidence or proof of exigent 8 circumstances that made compliance impossible. 9 (t) USE OF FORCE INVESTIGATIONS.—In the case 10 that a law enforcement officer equipped with a body cam11 era is involved in, a witness to, or within viewable sight 12 range of either the use of force by another law enforce13 ment officer that results in a death, the use of force by 14 another law enforcement officer, during which the dis15 charge of a firearm results in an injury, or the conduct 16 of another law enforcement officer that becomes the sub17 ject of a criminal investigation— 18 (1) the law enforcement agency that employs 19 the law enforcement officer, or the agency or depart- 20 ment conducting the related criminal investigation, 21 as appropriate, shall promptly take possession of the 22 body camera, and shall maintain such camera, and 23 any data on such camera, in accordance with the ap- 24 plicable rules governing the preservation of evidence; g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 110 1 (2) a copy of the data on such body camera 2 shall be made in accordance with prevailing forensic 3 standards for data collection and reproduction; and 4 (3) such copied data shall be made available to 5 the public in accordance with subsection (l). 6 (u) LIMITATION 7 DENCE.—Any USE ON OF FOOTAGE AS EVI- body camera video footage recorded in con- 8 travention of this part or any other applicable law may 9 not be offered as evidence by any government entity, agen10 cy, department, prosecutorial office, or any other subdivi11 sion thereof in any criminal or civil action or proceeding 12 against any member of the public. 13 (v) PUBLICATION AGENCY POLICIES.—Any law OF 14 enforcement policy or other guidance regarding body cam15 eras, their use, or the video footage therefrom that is 16 adopted by a Federal agency or department, shall be made 17 publicly available on that agency’s website. 18 (w) RULE OF CONSTRUCTION.—Nothing in this part 19 shall be construed to contravene any laws governing the 20 maintenance, production, and destruction of evidence in 21 criminal investigations and prosecutions. 22 SEC. 373. PATROL VEHICLES WITH IN-CAR VIDEO RECORD- 23 24 ING CAMERAS. (a) DEFINITIONS.—In this section: g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 111 1 (1) AUDIO term ‘‘audio re- 2 cording’’ means the recorded conversation between 3 an officer and a second party. 4 (2) EMERGENCY LIGHTS.—The term ‘‘emer- 5 gency lights’’ means oscillating, rotating, or flashing 6 lights on patrol vehicles. 7 (3) ENFORCEMENT STOP.—The term ‘‘enforce- 8 ment stop’’ means an action by an officer in relation 9 to enforcement and investigation duties, including 10 traffic stops, pedestrian stops, abandoned vehicle 11 contacts, motorist assists, commercial motor vehicle 12 stops, roadside safety checks, requests for identifica- 13 tion, or responses to requests for emergency assist- 14 ance. 15 (4) IN-CAR VIDEO CAMERA.—The term ‘‘in-car 16 video camera’’ means a video camera located in a 17 patrol vehicle. 18 (5) IN-CAR VIDEO CAMERA RECORDING EQUIP- 19 MENT.—The 20 equipment’’ means a video camera recording system 21 located in a patrol vehicle consisting of a camera as- 22 sembly, recording mechanism, and an in-car video 23 recording medium. term ‘‘in-car video camera recording 24 (6) RECORDING.—The term ‘‘recording’’ means 25 the process of capturing data or information stored g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 RECORDING.—The 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 112 1 on a recording medium as required under this sec- 2 tion. 3 (7) RECORDING term ‘‘record- 4 ing medium’’ means any recording medium for the 5 retention and playback of recorded audio and video 6 including VHS, DVD, hard drive, solid state, digital, 7 or flash memory technology. 8 (8) WIRELESS MICROPHONE.—The term ‘‘wire- 9 less microphone’’ means a device worn by the officer 10 or any other equipment used to record conversations 11 between the officer and a second party and trans- 12 mitted to the recording equipment. 13 (b) REQUIREMENTS.— 14 (1) IN GENERAL.—Each Federal law enforce- 15 ment agency shall install in-car video camera record- 16 ing equipment in all patrol vehicles with a recording 17 medium capable of recording for a period of 10 18 hours or more and capable of making audio record- 19 ings with the assistance of a wireless microphone. 20 (2) RECORDING EQUIPMENT REQUIREMENTS.— 21 In-car video camera recording equipment with a re- 22 cording medium capable of recording for a period of 23 10 hours or more shall record activities— 24 (A) outside a patrol vehicle whenever— g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 MEDIUM.—The 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 113 1 (i) an officer assigned a patrol vehicle 2 is conducting an enforcement stop; 3 (ii) patrol vehicle emergency lights are 4 activated or would otherwise be activated if 5 not for the need to conceal the presence of 6 law enforcement; or 7 (iii) an officer reasonably believes re- 8 cording may assist with prosecution, en- 9 hance safety, or for any other lawful pur- 10 pose. In-car video camera recording equip- 11 ment with a recording medium incapable of 12 recording for a period of 10 hours or more 13 shall record activities inside the vehicle 14 when transporting an arrestee or when an 15 officer reasonably believes recording may 16 assist with prosecution, enhance safety, or 17 for any other lawful purpose; and 18 (B) shall record activities whenever a pa- 19 trol vehicle is assigned to patrol duty. 20 (3) REQUIREMENTS 21 (A) IN GENERAL.—Recording for an en- 22 forcement stop shall begin when the officer de- 23 termines an enforcement stop is necessary and 24 shall continue until the enforcement action has g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 FOR RECORDING.— 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 114 1 been completed and the subject of the enforce- 2 ment stop or the officer has left the scene. 3 (B) ACTIVATION WITH LIGHTS.—Record- 4 ing shall begin when patrol vehicle emergency 5 lights are activated or when they would other- 6 wise be activated if not for the need to conceal 7 the presence of law enforcement, and shall con- 8 tinue until the reason for the activation ceases 9 to exist, regardless of whether the emergency 10 lights are no longer activated. 11 (C) PERMISSIBLE RECORDING.—An officer 12 may begin recording if the officer reasonably 13 believes recording may assist with prosecution, 14 enhance safety, or for any other lawful purpose; 15 and shall continue until the reason for record- 16 ing ceases to exist. 17 (4) ENFORCEMENT STOPS.—Any enforcement 18 stop shall be video and audio recorded. Audio re- 19 cording shall terminate upon release of the violator 20 and prior to initiating a separate criminal investiga- 21 tion. 22 (c) RENTENTION OF RECORDINGS.—Recordings 23 made on in-car video camera recording medium shall be 24 retained for a storage period of at least 90 days. Under 25 no circumstances shall any recording made on in-car video g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 115 1 camera recording medium be altered or erased prior to 2 the expiration of the designated storage period. Upon com3 pletion of the storage period, the recording medium may 4 be erased and reissued for operational use unless other5 wise ordered or if designated for evidentiary or training 6 purposes. 7 (d) ACCESSIBILITY OF RECORDINGS.—Audio or video 8 recordings made pursuant to this section shall be available 9 under the applicable provisions of section 552a of title 5, 10 United States Code. Only recorded portions of the audio 11 recording or video recording medium applicable to the re12 quest will be available for inspection or copying. 13 (e) MAINTENANCE REQUIRED.—The agency shall en- 14 sure proper care and maintenance of in-car video camera 15 recording equipment and recording medium. An officer op16 erating a patrol vehicle must immediately document and 17 notify the appropriate person of any technical difficulties, 18 failures, or problems with the in-car video camera record19 ing equipment or recording medium. Upon receiving no20 tice, every reasonable effort shall be made to correct and 21 repair any of the in-car video camera recording equipment 22 or recording medium and determine if it is in the public 23 interest to permit the use of the patrol vehicle. g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 116 1 SEC. 374. FACIAL RECOGNITION TECHNOLOGY. 2 No camera or recording device authorized or required 3 to be used under this part may employ facial recognition 4 technology. 5 SEC. 375. GAO STUDY. 6 Not later than 1 year after the date of enactment 7 of this Act, the Comptroller General of the United States 8 shall conduct a study on Federal law enforcement officer 9 training, vehicle pursuits, use of force, and interaction 10 with citizens, and submit a report on such study to— 11 (1) the Committees on the Judiciary of the 12 House of Representatives and of the Senate; 13 (2) the Committee on Oversight and Reform of 14 the House of Representatives; and 15 (3) the Committee on Homeland Security and 16 17 Governmental Affairs of the Senate. SEC. 376. REGULATIONS. 18 Not later than 6 months after the date of the enact- 19 ment of this Act, the Attorney General shall issue such 20 final regulations as are necessary to carry out this part. 21 SEC. 377. RULE OF CONSTRUCTION. 22 Nothing in this part shall be construed to impose any 23 requirement on a uniformed officer outside of the course 24 of carrying out that officer’s duty. g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 117 1 2 PART II—POLICE CAMERA ACT SEC. 381. SHORT TITLE. 3 This part may be cited as the ‘‘Police Creating Ac- 4 countability by Making Effective Recording Available Act 5 of 2020’’ or the ‘‘Police CAMERA Act of 2020’’. 6 SEC. 382. LAW ENFORCEMENT BODY-WORN CAMERA RE- 7 QUIREMENTS. 8 (a) USE OF FUNDS REQUIREMENT.—Section 502(a) 9 of title I of the Omnibus Crime Control and Safe Streets 10 Act of 1968 (34 U.S.C. 10153(a)), as amended by section 11 334, is amended by adding at the end the following: 12 ‘‘(10) An assurance that, for each fiscal year 13 covered by an application, the applicant will use not 14 less than 5 percent of the total amount of the grant 15 award for the fiscal year to develop policies and pro- 16 tocols in compliance with part OO.’’. 17 (b) REQUIREMENTS.—Title I of the Omnibus Crime 18 Control and Safe Streets Act of 1968 (34 U.S.C. 10101 19 et seq.) is amended by adding at the end the following: 20 ‘‘PART OO—LAW ENFORCEMENT BODY-WORN 21 CAMERAS AND RECORDED DATA 22 ‘‘SEC. 3051. USE OF GRANT FUNDS. 23 ‘‘(a) IN GENERAL.—Grant amounts described in 24 paragraph (10) of section 502(a) of this title shall be 25 used— g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 118 1 ‘‘(1) to purchase or lease body-worn cameras 2 for use by State, local, and tribal law enforcement 3 officers (as defined in section 2503); 4 ‘‘(2) for expenses related to the implementation 5 of a body-worn camera program in order to deter ex- 6 cessive force, improve accountability and trans- 7 parency of use of force by law enforcement officers, 8 assist in responding to complaints against law en- 9 forcement officers, and improve evidence collection; 10 or 11 ‘‘(3) implementing policies or procedures to 12 comply with the requirements described in sub- 13 section (b). 14 ‘‘(b) REQUIREMENTS.—A recipient of a grant under 15 subpart 1 of part E of title I shall— 16 ‘‘(1) establish policies and procedures in accord- 17 ance with the requirements described in subsection 18 (c) before law enforcement officers use of body-worn 19 cameras; 20 ‘‘(2) adopt recorded data collection and reten- 21 tion protocols as described in subsection (d) before 22 law enforcement officers use of body-worn cameras; 23 ‘‘(3) making the policies and protocols described 24 in paragraphs (1) and (2) available to the public; 25 and g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 119 1 ‘‘(4) complying with the requirements for use of 2 recorded data under subsection (f). 3 ‘‘(c) REQUIRED POLICIES AND PROCEDURES.—An 4 entity receiving a grant under this section shall— 5 6 ‘‘(1) develop with community input and publish for public view policies and protocols for— 7 ‘‘(A) the safe and effective use of body- 8 worn cameras; 9 ‘‘(B) the secure storage, handling, and de- 10 struction of recorded data collected by body- 11 worn cameras; 12 ‘‘(C) protecting the privacy rights of any 13 individual who may be recorded by a body-worn 14 camera; 15 ‘‘(D) protecting the constitutional rights of 16 any individual on whom facial recognition tech- 17 nology is used; 18 ‘‘(E) limitations on the use of body-worn 19 cameras in conjunction with facial recognition 20 technology for instances, including— 21 ‘‘(i) the use of facial recognition tech- 22 nology only with judicial authorization; 23 ‘‘(ii) the use of facial recognition tech- 24 nology only for imminent threats or serious 25 crimes; and g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 120 1 ‘‘(iii) the use of facial recognition 2 technology with double verification of iden- 3 tified faces; 4 ‘‘(F) the release of any recorded data col- 5 lected by a body-worn camera in accordance 6 with the open records laws, if any, of the State; 7 and 8 ‘‘(G) making recorded data available to 9 prosecutors, defense attorneys, and other offi- 10 cers of the court in accordance with subpara- 11 graph (E); and 12 ‘‘(2) conduct periodic evaluations of the security 13 of the storage and handling of the body-worn camera 14 data. 15 ‘‘(d) RECORDED DATA COLLECTION 16 TION AND RETEN- PROTOCOL.—The recorded data collection and reten- 17 tion protocol described in this paragraph is a protocol 18 that— 19 ‘‘(1) requires— 20 ‘‘(A) a law enforcement officer who is 21 wearing a body-mounted camera to provide an 22 explanation if an activity that is required to be 23 recorded by the body-mounted camera is not re- 24 corded; g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 121 1 ‘‘(B) a law enforcement officer who is 2 wearing a body-mounted camera to obtain con- 3 sent to be recorded from a crime victim or wit- 4 ness before interviewing the victim or witness; 5 ‘‘(C) the collection of recorded data unre- 6 lated to a legitimate law enforcement purpose 7 be minimized to the greatest extent practicable; 8 ‘‘(D) the system used to store recorded 9 data collected by body-worn cameras shall log 10 all viewing, modification, or deletion of stored 11 recorded data and shall prevent, to the greatest 12 extent practicable, the unauthorized access or 13 disclosure of stored recorded data; 14 ‘‘(E) any law enforcement officer be pro- 15 hibited from accessing the stored data without 16 an authorized purpose; and 17 ‘‘(F) the law enforcement agency to collect 18 and report statistical data on— 19 ‘‘(i) of use of force, 20 disaggregated by race, ethnicity, gender, 21 and age of the victim; 22 ‘‘(ii) the number of complaints filed 23 against law enforcement officers; 24 ‘‘(iii) the disposition of complaints 25 filed against law enforcement officers; g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 incidences 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 122 1 ‘‘(iv) the number of times camera 2 footage is used for evidence collection in 3 investigations of crimes; and 4 ‘‘(v) any other additional statistical 5 data that the Director determines should 6 be collected and reported; 7 ‘‘(2) allows an individual to file a complaint 8 with a law enforcement agency relating to the im- 9 proper use of body-worn cameras; and 10 ‘‘(3) complies with any other requirements es- 11 tablished by the Director. 12 ‘‘(e) REPORTING.—Statistical data required to be col- 13 lected under subsection (d)(1)(D) shall be reported to the 14 Director, who shall— 15 ‘‘(1) establish a standardized reporting system 16 for statistical data collected under this program; and 17 ‘‘(2) establish a national database of statistical 18 data recorded under this program. 19 ‘‘(f) USE OR TRANSFER OF RECORDED DATA.— 20 ‘‘(1) IN data collected by 21 an entity receiving a grant under this section from 22 a body-mounted camera shall be used only in inter- 23 nal and external investigations of misconduct by a 24 law enforcement agency or officer, if there is reason- 25 able suspicion that a recording contains evidence of g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 GENERAL.—Recorded 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 123 1 a crime, or for limited training purposes. The Direc- 2 tor shall establish rules to ensure that the recorded 3 data is used only for the purposes described in this 4 subparagraph. 5 ‘‘(2) PROHIBITION as 6 provided in paragraph (3), an entity receiving a 7 grant under this section may not transfer any re- 8 corded data collected by the entity from a body- 9 mounted camera to another law enforcement or in- 10 telligence agency. 11 ‘‘(3) EXCEPTIONS.— 12 ‘‘(A) CRIMINAL INVESTIGATION.—An enti- 13 ty receiving a grant under this section may 14 transfer recorded data collected by the entity 15 from a body-mounted camera to another law 16 enforcement agency or intelligence agency for 17 use in a criminal investigation if the requesting 18 law enforcement or intelligence agency has rea- 19 sonable suspicion that the requested data con- 20 tains evidence relating to the crime being inves- 21 tigated. 22 ‘‘(B) CIVIL RIGHTS CLAIMS.—An entity re- 23 ceiving a grant under this section may transfer 24 recorded data collected by the law enforcement 25 agency from a body-mounted camera to another g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 ON TRANSFER.—Except 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 124 1 law enforcement agency for use in an investiga- 2 tion of any right, privilege, or immunity secured 3 or protected by the Constitution or laws of the 4 United States. 5 ‘‘(g) AUDIT AND ASSESSMENT.— 6 ‘‘(1) IN later than 2 years 7 after the date of enactment of this part, the Director 8 of the Office of Audit, Assessment, and Management 9 shall perform an assessment of the use of funds 10 under this section and the policies and protocols of 11 the grantees. 12 ‘‘(2) REPORTS.—Not later than September 1 of 13 each year, beginning 2 years after the date of enact- 14 ment of this part, each recipient of a grant under 15 this part shall submit to the Director of the Office 16 of Audit, Assessment, and Management a report 17 that— 18 ‘‘(A) describes the progress of the body- 19 worn camera program; and 20 ‘‘(B) contains recommendations on ways in 21 which the Federal Government, States, and 22 units of local government can further support 23 the implementation of the program. 24 ‘‘(3) REVIEW.—The Director of the Office of 25 Audit, Assessment, and Management shall evaluate g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 GENERAL.—Not 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 125 1 the policies and protocols of the grantees and take 2 such steps as the Director of the Office of Audit, As- 3 sessment, and Management determines necessary to 4 ensure compliance with the program. 5 ‘‘SEC. 3052. BODY-WORN CAMERA TRAINING TOOLKIT. 6 ‘‘(a) IN GENERAL.—The Director shall establish and 7 maintain a toolkit for law enforcement agencies, academia, 8 and other relevant entities to provide training and tech9 nical assistance, including best practices for implementa10 tion, model policies and procedures, and research mate11 rials. 12 ‘‘(b) MECHANISM.—In establishing the toolkit re- 13 quired to under subsection (a), the Director may consoli14 date research, practices, templates, and tools that been de15 veloped by expert and law enforcement agencies across the 16 country. 17 ‘‘SEC. 3053. STUDY. 18 ‘‘(a) IN GENERAL.—Not later than 2 years after the 19 date of enactment of the Police CAMERA Act of 2020, 20 the Director shall conduct a study on— 21 22 ‘‘(1) the efficacy of body-worn cameras in deterring excessive force by law enforcement officers; 23 ‘‘(2) the impact of body-worn cameras on the 24 accountability and transparency of the use of force 25 by law enforcement officers; g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 126 1 ‘‘(3) the impact of body-worn cameras on re- 2 sponses to and adjudications of complaints of exces- 3 sive force; 4 ‘‘(4) the effect of the use of body-worn cameras 5 on the safety of law enforcement officers on patrol; 6 ‘‘(5) the effect of the use of body-worn cameras 7 on public safety; 8 9 ‘‘(6) the impact of body-worn cameras on evidence collection for criminal investigations; 10 ‘‘(7) issues relating to the secure storage and 11 handling of recorded data from the body-worn cam- 12 eras; 13 14 ‘‘(8) issues relating to the privacy of citizens and officers recorded on body-worn cameras; 15 ‘‘(9) issues relating to the constitutional rights 16 of individuals on whom facial recognition technology 17 is used; 18 19 ‘‘(10) issues relating to limitations on the use of facial recognition technology; 20 21 ‘‘(11) issues relating to the public’s access to body-worn camera footage; 22 23 ‘‘(12) the need for proper training of law enforcement officers that use body-worn cameras; g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 127 1 ‘‘(13) best practices in the development of pro- 2 tocols for the safe and effective use of body-worn 3 cameras; 4 ‘‘(14) a review of law enforcement agencies that 5 found body-worn cameras to be unhelpful in the op- 6 erations of the agencies; and 7 ‘‘(15) any other factors that the Director deter- 8 mines are relevant in evaluating the efficacy of body- 9 worn cameras. 10 ‘‘(b) REPORT.—Not later than 180 days after the 11 date on which the study required under subsection (a) is 12 completed, the Director shall submit to Congress a report 13 on the study, which shall include any policy recommenda14 tions that the Director considers appropriate.’’. 16 TITLE IV—JUSTICE FOR VICTIMS OF LYNCHING ACT 17 SEC. 401. SHORT TITLE. 15 18 This title may be cited as the ‘‘Emmett Till 19 Antilynching Act’’. 20 SEC. 402. FINDINGS. 21 Congress finds the following: 22 (1) The crime of lynching succeeded slavery as 23 the ultimate expression of racism in the United 24 States following Reconstruction. g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 128 1 (2) Lynching was a widely acknowledged prac- 2 tice in the United States until the middle of the 3 20th century. 4 (3) Lynching was a crime that occurred 5 throughout the United States, with documented inci- 6 dents in all but 4 States. 7 (4) At least 4,742 people, predominantly Afri- 8 can Americans, were reported lynched in the United 9 States between 1882 and 1968. 10 (5) Ninety-nine percent of all perpetrators of 11 lynching escaped from punishment by State or local 12 officials. 13 (6) Lynching prompted African Americans to 14 form the National Association for the Advancement 15 of Colored People (referred to in this section as the 16 ‘‘NAACP’’) and prompted members of B’nai B’rith 17 to found the Anti-Defamation League. 18 (7) Mr. Walter White, as a member of the 19 NAACP and later as the executive secretary of the 20 NAACP from 1931 to 1955, meticulously inves- 21 tigated lynchings in the United States and worked 22 tirelessly to end segregation and racialized terror. 23 (8) Nearly 200 anti-lynching bills were intro- 24 duced in Congress during the first half of the 20th 25 century. g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 129 1 2 (9) Between 1890 and 1952, 7 Presidents petitioned Congress to end lynching. 3 (10) Between 1920 and 1940, the House of 4 Representatives passed 3 strong anti-lynching meas- 5 ures. 6 (11) Protection against lynching was the min- 7 imum and most basic of Federal responsibilities, and 8 the Senate considered but failed to enact anti-lynch- 9 ing legislation despite repeated requests by civil 10 rights groups, Presidents, and the House of Rep- 11 resentatives to do so. 12 (12) The publication of ‘‘Without Sanctuary: 13 Lynching Photography in America’’ helped bring 14 greater awareness and proper recognition of the vic- 15 tims of lynching. 16 (13) Only by coming to terms with history can 17 the United States effectively champion human rights 18 abroad. 19 (14) An apology offered in the spirit of true re- 20 pentance moves the United States toward reconcili- 21 ation and may become central to a new under- 22 standing, on which improved racial relations can be 23 forged. 24 (15) Having concluded that a reckoning with 25 our own history is the only way the country can ef- g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 130 1 fectively champion human rights abroad, 90 Mem- 2 bers of the United States Senate agreed to Senate 3 Resolution 39, 109th Congress, on June 13, 2005, 4 to apologize to the victims of lynching and the de- 5 scendants of those victims for the failure of the Sen- 6 ate to enact anti-lynching legislation. 7 (16) The National Memorial for Peace and Jus- 8 tice, which opened to the public in Montgomery, Ala- 9 bama, on April 26, 2018, is the Nation’s first memo- 10 rial dedicated to the legacy of enslaved Black people, 11 people terrorized by lynching, African Americans hu- 12 miliated by racial segregation and Jim Crow, and 13 people of color burdened with contemporary pre- 14 sumptions of guilt and police violence. 15 (17) Notwithstanding the Senate’s apology and 16 the heightened awareness and education about the 17 Nation’s legacy with lynching, it is wholly necessary 18 and appropriate for the Congress to enact legisla- 19 tion, after 100 years of unsuccessful legislative ef- 20 forts, finally to make lynching a Federal crime. 21 (18) Further, it is the sense of Congress that 22 criminal action by a group increases the likelihood 23 that the criminal object of that group will be suc- 24 cessfully attained and decreases the probability that 25 the individuals involved will depart from their path g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 131 1 of criminality. Therefore, it is appropriate to specify 2 criminal penalties for the crime of lynching, or any 3 attempt or conspiracy to commit lynching. 4 (19) The United States Senate agreed to unani- 5 mously Senate Resolution 118, 115th Congress, on 6 April 5, 2017, ‘‘[c]ondemning hate crime and any 7 other form of racism, religious or ethnic bias, dis- 8 crimination, incitement to violence, or animus tar- 9 geting a minority in the United States’’ and taking 10 notice specifically of Federal Bureau of Investigation 11 statistics demonstrating that ‘‘among single-bias 12 hate crime incidents in the United States, 59.2 per- 13 cent of victims were targeted due to racial, ethnic, 14 or ancestral bias, and among those victims, 52.2 15 percent were victims of crimes motivated by the of- 16 fenders’ anti-Black or anti-African American bias’’. 17 (20) On September 14, 2017, President Donald 18 J. Trump signed into law Senate Joint Resolution 19 49 (Public Law 115–58; 131 Stat. 1149), wherein 20 Congress ‘‘condemn[ed] the racist violence and do- 21 mestic terrorist attack that took place between Au- 22 gust 11 and August 12, 2017, in Charlottesville, 23 Virginia’’ and ‘‘urg[ed] the President and his admin- 24 istration to speak out against hate groups that 25 espouse racism, extremism, xenophobia, anti-Semi- g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 132 1 tism, and White supremacy; and use all resources 2 available to the President and the President’s Cabi- 3 net to address the growing prevalence of those hate 4 groups in the United States’’. 5 (21) Senate Joint Resolution 49 (Public Law 6 115–58; 131 Stat. 1149) specifically took notice of 7 ‘‘hundreds 8 White supremacists, Klansmen, and neo-Nazis [who] 9 chanted racist, anti-Semitic, and anti-immigrant slo- 10 gans and violently engaged with counter-demonstra- 11 tors on and around the grounds of the University of 12 Virginia in Charlottesville’’ and that these groups 13 ‘‘reportedly are organizing similar events in other 14 cities in the United States and communities every- 15 where are concerned about the growing and open 16 display of hate and violence being perpetrated by 17 those groups’’. torch-bearing White nationalists, 18 (22) Lynching was a pernicious and pervasive 19 tool that was used to interfere with multiple aspects 20 of life—including the exercise of Federally protected 21 rights, as enumerated in section 245 of title 18, 22 United States Code, housing rights, as enumerated 23 in section 901 of the Civil Rights Act of 1968 (42 24 U.S.C. 3631), and the free exercise of religion, as 25 enumerated in section 247 of title 18, United States g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 of 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 133 1 Code. Interference with these rights was often effec- 2 tuated by multiple offenders and groups, rather than 3 isolated individuals. Therefore, prohibiting conspir- 4 acies to violate each of these rights recognizes the 5 history of lynching in the United States and serves 6 to prohibit its use in the future. 7 SEC. 403. LYNCHING. 8 (a) OFFENSE.—Chapter 13 of title 18, United States 9 Code, is amended by adding at the end the following: 10 ‘‘§ 250. Lynching 11 ‘‘Whoever conspires with another person to violate 12 section 245, 247, or 249 of this title or section 901 of 13 the Civil Rights Act of 1968 (42 U.S.C. 3631) shall be 14 punished in the same manner as a completed violation of 15 such section, except that if the maximum term of impris16 onment for such completed violation is less than 10 years, 17 the person may be imprisoned for not more than 10 18 years.’’. 19 (b) TABLE OF SECTIONS AMENDMENT.—The table of 20 sections for chapter 13 of title 18, United States Code, 21 is amended by inserting after the item relating to section 22 249 the following: ‘‘250. Lynching.’’. g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00133 Fmt 6652 Sfmt 6211 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE G:\CMTE\JD\16\CRIM\PR\JUST_POLICE.XML 134 TITLE V—MISCELLANEOUS PROVISIONS 1 2 3 SEC. 501. SEVERABILITY. 4 If any provision of this Act, or the application of such 5 a provision to any person or circumstance, is held to be 6 unconstitutional, the remainder of this Act and the appli7 cation of the remaining provisions of this Act to any per8 son or circumstance shall not be affected thereby. 9 SEC. 502. SAVINGS CLAUSE. 10 Nothing in this Act shall be construed— 11 (1) to limit legal or administrative remedies 12 under section 1979 of the Revised Statutes of the 13 United States (42 U.S.C. 1983), section 210401 of 14 the Violent Crime Control and Law Enforcement 15 Act of 1994 (34 U.S.C. 12601), title I of the Omni- 16 bus Crime Control and Safe Streets Act of 1968 (34 17 U.S.C. 10101 et seq.), or title VI of the Civil Rights 18 Act of 1964 (42 U.S.C. 2000d et seq.); 19 (2) to affect any Federal, State, or Tribal law 20 that applies to an Indian Tribe because of the polit- 21 ical status of the Tribe; or 22 23 (3) to waive the sovereign immunity of an Indian Tribe without the consent of the Tribe. g:\VHLC\060720\060720.008.xml June 7, 2020 (10:21 p.m.) VerDate Mar 15 2010 22:21 Jun 07, 2020 Jkt 000000 (765191 4) PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JUST_POLICE