[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3912 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3912
To hold law enforcement accountable for misconduct in court, improve
transparency through data collection, and reform police training and
policies.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 8, 2020
Mr. Booker (for himself, Ms. Harris, Mr. Schumer, Mrs. Feinstein, Ms.
Baldwin, Mr. Bennet, Mr. Blumenthal, Mr. Brown, Ms. Cantwell, Mr.
Cardin, Mr. Carper, Mr. Casey, Mr. Coons, Ms. Duckworth, Mr. Durbin,
Mrs. Gillibrand, Mr. Heinrich, Ms. Hirono, Mr. Jones, Mr. Kaine, Ms.
Klobuchar, Mr. Leahy, Mr. Markey, Mr. Menendez, Mr. Merkley, Mr.
Murphy, Mrs. Murray, Mr. Sanders, Mr. Schatz, Ms. Smith, Ms. Stabenow,
Mr. Van Hollen, Mr. Udall, Mr. Warner, Ms. Warren, and Mr. Wyden)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To hold law enforcement accountable for misconduct in court, improve
transparency through data collection, and reform police training and
policies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Justice in
Policing Act of 2020''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--POLICE ACCOUNTABILITY
Subtitle A--Holding Police Accountable in the Courts
Sec. 101. Deprivation of rights under color of law.
Sec. 102. Qualified immunity reform.
Sec. 103. Pattern and practice investigations.
Sec. 104. Independent investigations.
Subtitle B--Law Enforcement Trust and Integrity Act
Sec. 111. Short title.
Sec. 112. Definitions.
Sec. 113. Accreditation of law enforcement agencies.
Sec. 114. Law enforcement grants.
Sec. 115. Attorney General to conduct study.
Sec. 116. Authorization of appropriations.
Sec. 117. National task force on law enforcement oversight.
Sec. 118. 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. 221. Short title.
Sec. 222. Definitions.
Sec. 223. Use of force reporting.
Sec. 224. Use of force data reporting.
Sec. 225. Compliance with reporting requirements.
Sec. 226. Federal law enforcement reporting.
Sec. 227. 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 and Local Law
Enforcement Agencies
Sec. 331. Policies required for grants.
Sec. 332. Involvement of Attorney General.
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 on Racial
Profiling in the United States
Sec. 351. Attorney General to issue regulations and reports.
Subtitle B--Additional Reforms
Sec. 361. Training on racial bias and duty to intervene.
Sec. 362. Ban on no-knock warrants in drug cases.
Sec. 363. Incentivizing banning of chokeholds and carotid holds.
Sec. 364. PEACE Act.
Sec. 365. Stop Militarizing Law Enforcement Act.
Sec. 366. 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.
SEC. 2. DEFINITIONS.
In this Act:
(1) Byrne grant program.--The term ``Byrne grant program''
means any grant program under subpart 1 of part E of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10151 et seq.), without regard to whether the funds are
characterized as being made available under the Edward Byrne
Memorial State and Local Law Enforcement Assistance Programs,
the Local Government Law Enforcement Block Grants Program, the
Edward Byrne Memorial Justice Assistance Grant Program, or
otherwise.
(2) COPS grant program.--The term ``COPS grant program''
means the grant program authorized under section 1701 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10381).
(3) Federal law enforcement agency.--The term ``Federal law
enforcement agency'' means any agency of the United States
authorized to engage in or supervise the prevention, detection,
investigation, or prosecution of any violation of Federal
criminal law.
(4) Federal law enforcement officer.--The term ``Federal
law enforcement officer'' has the meaning given the term in
section 115 of title 18, United States Code.
(5) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 901 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10251).
(6) Local law enforcement officer.--The term ``local law
enforcement officer'' means any officer, agent, or employee of
a State or unit of local government authorized by law or by a
government agency to engage in or supervise the prevention,
detection, or investigation of any violation of criminal law.
(7) State.--The term ``State'' has the meaning given the
term in section 901 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10251).
(8) Tribal law enforcement officer.--The term ``tribal law
enforcement officer'' means any officer, agent, or employee of
an Indian tribe, or the Bureau of Indian Affairs, authorized by
law or by a government agency to engage in or supervise the
prevention, detection, or investigation of any violation of
criminal law.
TITLE I--POLICE ACCOUNTABILITY
Subtitle A--Holding Police Accountable in the Courts
SEC. 101. DEPRIVATION OF RIGHTS UNDER COLOR OF LAW.
Section 242 of title 18, United States Code, is amended--
(1) by striking ``willfully'' and inserting ``knowingly or
with reckless disregard''; and
(2) by adding at the end the following: ``For purposes of
this section, an act shall be considered to be death resulting
if the act was a substantial factor contributing to the death
of the person.''.
SEC. 102. QUALIFIED IMMUNITY REFORM.
Section 1979 of the Revised Statutes of the United States (42
U.S.C. 1983) is amended by adding at the end the following: ``It shall
not be a defense or immunity to any action brought under this section
against a local law enforcement officer (as defined in section 2 of the
Justice in Policing Act of 2020) or a State correctional officer (as
defined in section 1121(b) of title 18, United States Code) that--
``(1) the defendant was acting in good faith, or that the
defendant believed, reasonably or otherwise, that his or her
conduct was lawful at the time when the conduct was committed;
or
``(2) the rights, privileges, or immunities secured by the
Constitution and laws were not clearly established at the time
of their deprivation by the defendant, or that at this time,
the state of the law was otherwise such that the defendant
could not reasonably have been expected to know whether his or
her conduct was lawful.''.
SEC. 103. PATTERN AND PRACTICE INVESTIGATIONS.
(a) Subpoena Authority.--Section 210401 of the Violent Crime
Control and Law Enforcement Act of 1994 (34 U.S.C. 12601) is amended--
(1) in subsection (b), by striking ``paragraph (1)'' and
inserting ``subsection (a)''; and
(2) by adding at the end the following:
``(c) Subpoena Authority.--In carrying out the authority in
subsection (b), the Attorney General may require by subpoena the
production of all information, documents, reports, answers, records,
accounts, papers, and other data in any medium (including
electronically stored information), as well as any tangible thing and
documentary evidence, and the attendance and testimony of witnesses
necessary in the performance of the Attorney General under subsection
(b). Such a subpoena, in the case of contumacy or refusal to obey,
shall be enforceable by order of any appropriate district court of the
United States.''.
(b) Grant Program.--
(1) Grants authorized.--The Attorney General may award a
grant to a State to assist the State in conducting pattern and
practice investigations at the State level.
(2) Eligibility.--In order for a State to be eligible for a
grant under paragraph (1), the attorney general of the State,
or similar State official, shall have the authority to conduct
pattern and practice investigations, as described in section
210401 of the Violent Crime Control and Law Enforcement Act of
1994 (34 U.S.C. 12601), of governmental agencies in the State.
(3) Application.--A State seeking a grant under paragraph
(1) shall submit an application in such form, at such time, and
containing such information as the Attorney General may
require.
(4) Funding.--There are authorized to be appropriated
$100,000,000 to the Attorney General for each of fiscal years
2020 through 2022 to carry out this subsection.
SEC. 104. INDEPENDENT INVESTIGATIONS.
(a) In General.--
(1) Definitions.--In this subsection:
(A) Deadly force.--The term ``deadly force'' means
that force which a reasonable person would consider
likely to cause death or serious bodily harm.
(B) Independent prosecution.--The term
``independent prosecution'', with respect to a criminal
investigation or prosecution of a law enforcement
officer's use of deadly force, includes using one or
more of the following:
(i) Using an agency or civilian review
board that investigates and independently
reviews all officer use of force allegations.
(ii) Assigning the attorney general of the
State in which the alleged crime was committed
to conduct the criminal investigation and
prosecution.
(iii) Adopting a procedure under which an
automatic referral is made to a special
prosecutor appointed and overseen by the
attorney general of the State in which the
alleged crime was committed.
(iv) Adopting a procedure under which an
independent prosecutor is assigned to
investigate and prosecute the case.
(v) Having law enforcement agencies agree
to and implement memoranda of understanding
with other law enforcement agencies under which
the other law enforcement agencies--
(I) shall conduct the criminal
investigation; and
(II) upon conclusion of the
criminal investigation, shall file a
report with the attorney general of the
State containing a determination
regarding whether--
(aa) the use of deadly
force was appropriate; and
(bb) any action should be
taken by the attorney general
of the State.
(vi) Using an independent prosecutor.
(C) Independent prosecution of law enforcement
statute.--The term ``independent prosecution of law
enforcement statute'' means a statute requiring an
independent prosecution in a criminal matter in which--
(i) one or more of the possible defendants
is a law enforcement officer;
(ii) one or more of the alleged offenses
involves the law enforcement officer's use of
deadly force in the course of carrying out that
officer's duty; and
(iii) the law enforcement officer's use of
deadly force resulted in a death or injury.
(D) Independent prosecutor.--The term ``independent
prosecutor'' means, with respect to a criminal
investigation or prosecution of a law enforcement
officer's use of deadly force, a prosecutor who--
(i) does not oversee or regularly rely on
the law enforcement agency by which the law
enforcement officer under investigation is
employed; and
(ii) would not be involved in the
prosecution in the ordinary course of that
prosecutor's duties.
(2) Grant program.--The Attorney General may award grants
to eligible States and Indian Tribes to assist in implementing
an independent prosecution of law enforcement statute.
(3) Eligibility.--To be eligible for a grant under this
subsection, a State shall, as of the last day of the prior
fiscal year, have enacted and have in effect an independent
prosecution of law enforcement statute.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Attorney General $750,000,000 for
fiscal years 2020 through 2022 to carry out this subsection.
(b) COPS Grant Program Used for Civilian Review Boards.--Part Q of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10381 et seq.) is amended--
(1) in section 1701(b) (34 U.S.C. 10381(b))--
(A) by redesignating paragraphs (22) and (23) as
paragraphs (23) and (24), respectively;
(B) in paragraph (23), as so redesignated, by
striking ``(21)'' and inserting ``(22)''; and
(C) by inserting after paragraph (21) the
following:
``(22) to develop best practices for and to create civilian
review boards;''; and
(2) in section 1709 (34 U.S.C. 10389), by adding at the end
the following:
``(8) `civilian review board' means an administrative
entity that--
``(A) is independent and adequately funded;
``(B) has investigatory authority and staff
subpoena power;
``(C) has representative community diversity;
``(D) has policy making authority;
``(E) provides advocates for civilian complainants;
``(F) has mandatory police power to conduct
hearings; and
``(G) conducts statistical studies on prevailing
complaint trends.''.
Subtitle B--Law Enforcement Trust and Integrity Act
SEC. 111. SHORT TITLE.
This subtitle may be cited as the ``Law Enforcement Trust and
Integrity Act of 2020''.
SEC. 112. DEFINITIONS.
In this subtitle:
(1) Community-based organization.--The term ``community-
based organization'' means a grassroots organization that
monitors the issue of police misconduct and that has a national
presence and membership, such as the National Association for
the Advancement of Colored People (NAACP), the American Civil
Liberties Union (ACLU), the National Council of La Raza, the
National Urban League, the National Congress of American
Indians, or the National Asian Pacific American Legal
Consortium (NAPALC).
(2) Law enforcement accreditation organization.--The term
``law enforcement accreditation organization'' means a
professional law enforcement organization involved in the
development of standards of accreditation for law enforcement
agencies at the national, State, regional, or tribal level,
such as the Commission on Accreditation for Law Enforcement
Agencies (CALEA).
(3) Law enforcement agency.--The term ``law enforcement
agency'' means a State, local, Indian tribal, or campus public
agency engaged in the prevention, detection, or investigation,
prosecution, or adjudication of violations of criminal laws.
(4) Professional law enforcement association.--The term
``professional law enforcement association'' means a law
enforcement membership association that works for the needs of
Federal, State, local, or Indian tribal law enforcement
agencies and with the civilian community on matters of common
interest, such as the Hispanic American Police Command Officers
Association (HAPCOA), the National Asian Pacific Officers
Association (NAPOA), the National Black Police Association
(NBPA), the National Latino Peace Officers Association (NLPOA),
the National Organization of Black Law Enforcement Executives
(NOBLE), Women in Law Enforcement, the Native American Law
Enforcement Association (NALEA), the International Association
of Chiefs of Police (IACP), the National Sheriffs' Association
(NSA), the Fraternal Order of Police (FOP), and the National
Association of School Resource Officers.
(5) Professional civilian oversight organization.--The term
``professional civilian oversight organization'' means a
membership organization formed to address and advance the cause
of civilian oversight of law enforcement and whose members are
from Federal, State, regional, local, or tribal organizations
that review issues or complaints against law enforcement
agencies or individuals, such as the National Association for
Civilian Oversight of Law Enforcement (NACOLE).
SEC. 113. ACCREDITATION OF LAW ENFORCEMENT AGENCIES.
(a) Standards.--
(1) Initial analysis.--The Attorney General shall perform
an initial analysis of existing accreditation standards and
methodology developed by law enforcement accreditation
organizations nationwide, including national, State, regional,
and tribal accreditation organizations. Such an analysis shall
include a review of the recommendations of the Final Report of
the President's Taskforce on 21st Century Policing, issued in
May 2015.
(2) Development of uniform standards.--After completion of
the initial review and analysis under paragraph (1), the
Attorney General shall--
(A) recommend, in consultation with law enforcement
accreditation organizations, the adoption of additional
standards that will result in greater community
accountability of law enforcement agencies and an
increased focus on policing with a guardian mentality,
including standards relating to--
(i) early warning systems and related
intervention programs;
(ii) use of force procedures;
(iii) civilian review procedures;
(iv) traffic and pedestrian stop and search
procedures;
(v) data collection and transparency;
(vi) administrative due process
requirements;
(vii) video monitoring technology;
(viii) juvenile justice and school safety;
and
(ix) training; and
(B) recommend additional areas for the development
of national standards for the accreditation of law
enforcement agencies in consultation with existing law
enforcement accreditation organizations, professional
law enforcement associations, labor organizations,
community-based organizations, and professional
civilian oversight organizations.
(3) Continuing accreditation process.--The Attorney General
shall adopt policies and procedures to partner with law
enforcement accreditation organizations, professional law
enforcement associations, labor organizations, community-based
organizations, and professional civilian oversight
organizations to continue the development of further
accreditation standards consistent with paragraph (2) and to
encourage the pursuit of accreditation of Federal, State,
local, and tribal law enforcement agencies by certified law
enforcement accreditation organizations.
(b) Use of Funds Requirements.--Section 502(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10153(a))
is amended by adding at the end the following:
``(7) An assurance that, for each fiscal year covered by an
application, the applicant will use not less than 5 percent of
the total amount of the grant award for the fiscal year to
assist law enforcement agencies of the applicant, including
campus public safety departments, gain or maintain
accreditation from certified law enforcement accreditation
organizations in accordance with section 113 of the Law
Enforcement Trust and Integrity Act of 2020.''.
SEC. 114. LAW ENFORCEMENT GRANTS.
(a) Use of Funds Requirement.--Section 502(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10153(a)), as amended by section 113, is amended by adding at the end
the following:
``(8) An assurance that, for each fiscal year covered by an
application, the applicant will use not less than 5 percent of
the total amount of the grant award for the fiscal year to
study and implement effective management, training, recruiting,
hiring, and oversight standards and programs to promote
effective community and problem solving strategies for law
enforcement agencies in accordance with section 114 of the Law
Enforcement Trust and Integrity Act of 2020.''.
(b) Grant Program for Community Organizations.--The Attorney
General may make grants to community-based organizations to study and
implement effective management, training, recruiting, hiring, and
oversight standards and programs to promote effective community and
problem solving strategies for law enforcement agencies.
(c) Use of Funds.--Grant amounts described in paragraph (8) of
section 502(a) of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10153(a)), as added by subsection (a) of this
section, and grant amounts awarded under subsection (b) shall be used
to--
(1) study of management and operations standards for law
enforcement agencies, including standards relating to
administrative due process, residency requirements,
compensation and benefits, use of force, racial profiling,
early warning systems, juvenile justice, school safety,
civilian review boards or analogous procedures, or research
into the effectiveness of existing programs, projects, or other
activities designed to address misconduct by law enforcement
officers;
(2) to develop pilot programs and implement effective
standards and programs in the areas of training, hiring and
recruitment, and oversight that are designed to improve
management and address misconduct by law enforcement officers.
(d) Components of Pilot Program.--A pilot program developed under
subsection (c)(2) shall include the following:
(1) Training.--Law enforcement policies, practices, and
procedures addressing training and instruction to comply with
accreditation standards in the areas of--
(A) the use of lethal, nonlethal force, and de-
escalation;
(B) investigation of misconduct and practices and
procedures for referral to prosecuting authorities use
of deadly force or racial profiling;
(C) disproportionate minority contact by law
enforcement;
(D) tactical and defensive strategy;
(E) arrests, searches, and restraint;
(F) professional verbal communications with
civilians;
(G) interactions with youth, the mentally ill,
limited English proficiency, and multi-cultural
communities;
(H) proper traffic, pedestrian, and other
enforcement stops; and
(I) community relations and bias awareness.
(2) Recruitment, hiring, retention, and promotion of
diverse law enforcement officers.--Policies, procedures, and
practices for--
(A) the hiring and recruitment of diverse law
enforcement officers representative of the communities
they serve;
(B) the development of selection, promotion,
educational, background, and psychological standards
that comport with title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.); and
(C) initiatives to encourage residency in the
jurisdiction served by the law enforcement agency and
continuing education.
(3) Oversight.--Complaint procedures, including the
establishment of civilian review boards or analogous procedures
for jurisdictions across a range of sizes and agency
configurations, complaint procedures by community-based
organizations, early warning systems and related intervention
programs, video monitoring technology, data collection and
transparency, and administrative due process requirements
inherent to complaint procedures for members of the public and
law enforcement.
(4) Juvenile justice and school safety.--The development of
uniform standards on juvenile justice and school safety,
including standards relating to interaction and communication
with juveniles, physical contact, use of lethal and nonlethal
force, notification of a parent or guardian, interviews and
questioning, custodial interrogation, audio and video
recording, conditions of custody, alternatives to arrest,
referral to child protection agencies, and removal from school
grounds or campus.
(5) Victim services.--Counseling services, including
psychological counseling, for individuals and communities
impacted by law enforcement misconduct.
(e) Technical Assistance.--
(1) In general.--The Attorney General may provide technical
assistance to States and community-based organizations in
furtherance of the purposes of this section.
(2) Models for reduction of law enforcement misconduct.--
The technical assistance provided by the Attorney General may
include the development of models for States and community-
based organizations to reduce law enforcement officer
misconduct. Any development of such models shall be in
consultation with community-based organizations.
(f) Use of Components.--The Attorney General may use any component
or components of the Department of Justice in carrying out this
section.
(g) Applications.--
(1) Application.--An application for a grant under
subsection (b) shall be submitted in such form, and contain
such information, as the Attorney General may prescribe by
guidelines.
(2) Approval.--A grant may not be made under this section
unless an application has been submitted to, and approved by,
the Attorney General.
(h) Performance Evaluation.--
(1) Monitoring components.--
(A) In general.--Each program, project, or activity
funded under this section shall contain a monitoring
component, which shall be developed pursuant to
guidelines established by the Attorney General.
(B) Requirement.--Each monitoring component
required under subparagraph (A) shall include
systematic identification and collection of data about
activities, accomplishments, and programs throughout
the life of the program, project, or activity and
presentation of such data in a usable form.
(2) Evaluation components.--
(A) In general.--Selected grant recipients shall be
evaluated on the local level or as part of a national
evaluation, pursuant to guidelines established by the
Attorney General.
(B) Requirements.--An evaluation conducted under
subparagraph (A) may include independent audits of
police behavior and other assessments of individual
program implementations. In selected jurisdictions that
are able to support outcome evaluations, the
effectiveness of funded programs, projects, and
activities may be required.
(3) Periodic review and reports.--The Attorney General may
require a grant recipient to submit biannually to the Attorney
General the results of the monitoring and evaluations required
under paragraphs (1) and (2) and such other data and
information as the Attorney General determines to be necessary.
(i) Revocation or Suspension of Funding.--If the Attorney General
determines, as a result of monitoring under subsection (h) or
otherwise, that a grant recipient under the Byrne grant program or
under subsection (b) is not in substantial compliance with the
requirements of this section, the Attorney General may revoke or
suspend funding of that grant, in whole or in part.
(j) Civilian Review Board Defined.--In this section, the term
``civilian review board'' means an administrative entity that--
(1) is independent and adequately funded;
(2) has investigatory authority and staff subpoena power;
(3) has representative community diversity;
(4) has policy making authority;
(5) provides advocates for civilian complainants;
(6) has mandatory police power to conduct hearings; and
(7) conducts statistical studies on prevailing complaint
trends.
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General $25,000,000 for fiscal year 2020
to carry out the grant program authorized under subsection (b).
SEC. 115. ATTORNEY GENERAL TO CONDUCT STUDY.
(a) Study.--
(1) In general.--The Attorney General shall conduct a
nationwide study of the prevalence and effect of any law, rule,
or procedure that allows a law enforcement officer to delay the
response to questions posed by a local internal affairs
officer, or review board on the investigative integrity and
prosecution of law enforcement misconduct, including pre-
interview warnings and termination policies.
(2) Initial analysis.--The Attorney General shall perform
an initial analysis of existing State statutes to determine
whether, at a threshold level, the effect of this type of rule
or procedure raises material investigatory issues that could
impair or hinder a prompt and thorough investigation of
possible misconduct, including criminal conduct, that would
justify a wider inquiry.
(3) Data collection.--After completion of the initial
analysis under paragraph (2), and considering material
investigatory issues, the Attorney General shall gather
additional data nationwide on similar rules from a
representative and statistically significant sample of
jurisdictions, to determine whether such rules and procedures
raise such material investigatory issues.
(b) Reporting.--
(1) Initial analysis.--Not later than 120 days after the
date of the enactment of this Act, the Attorney General shall--
(A) submit to Congress a report containing the
results of the initial analysis conducted under
subsection (a)(2);
(B) make the report submitted under subparagraph
(A) available to the public; and
(C) identify the jurisdictions for which the study
described in subsection (a)(1) is to be conducted.
(2) Data collected.--Not later than 2 years after the date
of the enactment of this Act, the Attorney General shall submit
to Congress a report containing the results of the data
collected under this section and publish the report in the
Federal Register.
SEC. 116. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 2020, in
addition to any other sums authorized to be appropriated for this
purpose--
(1) $25,000,000 for additional expenses relating to the
enforcement of section 210401 of the Violent Crime Control and
Law Enforcement Act of 1994 (34 U.S.C. 12601), criminal
enforcement under sections 241 and 242 of title 18, United
States Code, and administrative enforcement by the Department
of Justice, including compliance with consent decrees or
judgments entered into under such section 210401; and
(2) $3,300,000 for additional expenses related to conflict
resolution by the Department of Justice's Community Relations
Service.
SEC. 117. NATIONAL TASK FORCE ON LAW ENFORCEMENT OVERSIGHT.
(a) Establishment.--There is established within the Department of
Justice a task force to be known as the Task Force on Law Enforcement
Oversight (hereinafter in this section referred to as the ``Task
Force'').
(b) Composition.--The Task Force shall be composed of individuals
appointed by the Attorney General, who shall appoint not less than 1
individual from each of the following:
(1) The Special Litigation Section of the Civil Rights
Division.
(2) The Criminal Section of the Civil Rights Division.
(3) The Federal Coordination and Compliance Section of the
Civil Rights Division.
(4) The Employment Litigation Section of the Civil Rights
Division.
(5) The Disability Rights Section of the Civil Rights
Division.
(6) The Office of Justice Programs.
(7) The Office of Community Oriented Policing Services
(COPS).
(8) The Corruption/Civil Rights Section of the Federal
Bureau of Investigation.
(9) The Community Relations Service.
(10) The Office of Tribal Justice.
(11) The unit within the Department of Justice assigned as
a liaison for civilian review boards.
(c) Powers and Duties.--The Task Force shall consult with
professional law enforcement associations, labor organizations, and
community-based organizations to coordinate the process of the
detection and referral of complaints regarding incidents of alleged law
enforcement misconduct.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 for each fiscal year to carry out this section.
SEC. 118. FEDERAL DATA COLLECTION ON LAW ENFORCEMENT PRACTICES.
(a) Agencies To Report.--Each Federal, State, and local law
enforcement agency shall report data of the practices of that agency to
the Attorney General.
(b) Breakdown of Information by Race, Ethnicity, and Gender.--For
each practice enumerated in subsection (c), the reporting law
enforcement agency shall provide a breakdown of the numbers of
incidents of that practice by race, ethnicity, age, and gender of the
officers and employees of the agency and of members of the public
involved in the practice.
(c) Practices To Be Reported on.--The practices to be reported on
are the following:
(1) Traffic violation stops.
(2) Pedestrian stops.
(3) Frisk and body searches.
(4) Instances where officers or employees of the law
enforcement agency used deadly force, including--
(A) a description of when and where deadly force
was used, and whether it resulted in death;
(B) a description of deadly force directed against
an officer or employee and whether it resulted in
injury or death; and
(C) the law enforcement agency's justification for
use of deadly force, if the agency determines it was
justified.
(d) Retention of Data.--Each law enforcement agency required to
report data under this section shall maintain records relating to any
matter so reportable for not less than 4 years after those records are
created.
(e) Penalty for States Failing To Report as Required.--
(1) In general.--For any fiscal year, a State shall not
receive any amount that would otherwise be allocated to that
State under section 505(a) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10156(a)), or
any amount from any other law enforcement assistance program of
the Department of Justice, unless the State has ensured, to the
satisfaction of the Attorney General, that the State and each
local law enforcement agency of the State is in substantial
compliance with the requirements of this section.
(2) Reallocation.--Amounts not allocated by reason of this
subsection shall be reallocated to States not disqualified by
failure to comply with this section.
(f) Regulations.--The Attorney General shall prescribe regulations
to carry out this section.
TITLE II--POLICING TRANSPARENCY THROUGH DATA
Subtitle A--National Police Misconduct Registry
SEC. 201. ESTABLISHMENT OF NATIONAL POLICE MISCONDUCT REGISTRY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall establish a National
Police Misconduct Registry to be compiled and maintained by the
Department of Justice.
(b) Contents of Registry.--The Registry required to be established
under subsection (a) shall contain the following data with respect to
all Federal and local law enforcement officers:
(1) Each complaint filed against a law enforcement officer,
aggregated by--
(A) complaints that were found to be credible or
that resulted in disciplinary action of the law
enforcement officer, disaggregated by whether the
complaint involved a use of force;
(B) complaints that are pending review,
disaggregated by whether the complaint involved a use
of force; and
(C) complaints for which the law enforcement
officer was exonerated or that were determined to be
unfounded or not sustained, disaggregated by whether
the complaint involved a use of force.
(2) Discipline records, disaggregated by whether the
complaint involved a use of force.
(3) Termination records, including the reason for each
termination, disaggregated by whether the complaint involved a
use of force.
(4) Records of certification in accordance with section
202.
(5) Records of lawsuits and settlements made against law
enforcement officers.
(c) Federal Agency Reporting Requirements.--Not later than 360 days
after the date of enactment of this Act, and every 180 days thereafter,
the head of each Federal law enforcement agency shall submit to the
Attorney General the information described in subsection (b).
(d) State and Local Law Enforcement Agency Reporting
Requirements.--Beginning in the first fiscal year beginning after the
date of enactment of this Act and each fiscal year thereafter in which
a State receives funds under the Byrne grant program, the State shall,
once every 180 days, submit to the Attorney General the information
described in subsection (b) for each local law enforcement agency
within the State.
(e) Public Availability of Registry.--
(1) In general.--In establishing the Registry required
under subsection (a), the Attorney General shall make the
Registry available to the public.
(2) Privacy protections.--Nothing in this subsection shall
be construed to supersede the requirements or limitations under
section 552a of title 5, United States Code (commonly known as
the ``Privacy Act of 1974'').
SEC. 202. CERTIFICATION REQUIREMENTS FOR HIRING OF LAW ENFORCEMENT
OFFICERS.
Beginning in the first fiscal year beginning after the date of
enactment of this Act, a State or other jurisdiction may not receive
funds under the Byrne grant program for a fiscal year if, on the day
before the first day of the fiscal year, the State or other
jurisdiction has not submitted to the National Police Misconduct
Registry established under section 201 records demonstrating that all
law enforcement officers of the State or other jurisdiction have
completed all State certification requirements during the 1-year period
preceding the fiscal year.
Subtitle B--PRIDE Act
SEC. 221. SHORT TITLE.
This subtitle may be cited as the ``Police Reporting Information,
Data, and Evidence Act of 2020'' or the ``PRIDE Act''.
SEC. 222. DEFINITIONS.
In this subtitle:
(1) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(2) Local law enforcement officer.--The term ``local law
enforcement officer'' includes a school resource officer.
(3) School.--The term ``school'' means an elementary school
or secondary school (as those terms are defined in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)).
(4) School resource officer.--The term ``school resource
officer'' means a sworn law enforcement officer who is--
(A) assigned by the employing law enforcement
agency to a local educational agency or school;
(B) contracting with a local educational agency or
school; or
(C) employed by a local educational agency or
school.
(5) Use of force.--The term ``use of force'' includes the
use of a firearm, Taser, explosive device, chemical agent (such
as pepper spray), baton, impact projectile, blunt instrument,
hand, fist, foot, canine, or vehicle against an individual.
SEC. 223. USE OF FORCE REPORTING.
(a) Reporting Requirements.--
(1) In general.--Beginning in the first fiscal year
beginning after the date of enactment of this Act and each
fiscal year thereafter in which a State receives funds under a
Byrne grant program, the State shall--
(A) report to the Attorney General, on a quarterly
basis and pursuant to guidelines established by the
Attorney General, information regarding--
(i) any incident involving the shooting of
a civilian by a local law enforcement officer
who is employed by the State or by a unit of
local government in the State;
(ii) any incident involving the shooting of
a local law enforcement officer described in
clause (i) by a civilian;
(iii) any incident involving the death or
arrest of a law enforcement officer;
(iv) any incident in which use of force by
or against a local law enforcement officer
described in clause (i) occurs, which is not
reported under clause (i), (ii), or (iii);
(v) deaths in custody; and
(vi) arrests and bookings;
(B) establish a system and a set of policies to
ensure that all use of force incidents are reported by
local law enforcement officers; and
(C) submit to the Attorney General a plan for the
collection of data required to be reported under this
section, including any modifications to a previously
submitted data collection plan.
(2) Report information required.--
(A) In general.--The report required under
paragraph (1)(A) shall contain information that
includes, at a minimum--
(i) the national origin, sex, race,
ethnicity, age, disability, English language
proficiency, and housing status of each
civilian against whom a local law enforcement
officer used force;
(ii) the date, time, and location,
including whether it was on school grounds, zip
code, of the incident and whether the
jurisdiction in which the incident occurred
allows for the open-carry or concealed-carry of
a firearm;
(iii) whether the civilian was armed, and,
if so, the type of weapon the civilian had;
(iv) the type of force used against the
officer, the civilian, or both, including the
types of weapons used;
(v) the reason force was used;
(vi) a description of any injuries
sustained as a result of the incident;
(vii) the number of officers involved in
the incident;
(viii) the number of civilians involved in
the incident; and
(ix) a brief description regarding the
circumstances surrounding the incident, which
shall include information on--
(I) the type of force used by all
involved persons;
(II) the legitimate police
objective necessitating the use of
force;
(III) the resistance encountered by
each local law enforcement officer
involved in the incident;
(IV) the efforts by local law
enforcement officers to--
(aa) de-escalate the
situation in order to avoid the
use of force; or
(bb) minimize the level of
force used; and
(V) if applicable, the reason why
efforts described in subclause (IV)
were not attempted.
(B) Incidents reported under death in custody
reporting act.--A State is not required to include in a
report under subsection (a)(1) an incident reported by
the State in accordance with section 20104(a)(2) of the
Violent Crime Control and Law Enforcement Act of 1994
(34 U.S.C. 12104(a)(2)).
(3) Audit of use-of-force reporting.--Not later than 1 year
after the date of enactment of this Act, and each year
thereafter, each State and Indian Tribe described in paragraph
(1) shall--
(A) conduct an audit of the use of force incident
reporting system required to be established under
paragraph (1)(B); and
(B) submit a report to the Attorney General on the
audit conducted under subparagraph (A).
(4) Compliance procedure.--Prior to submitting a report
under paragraph (1)(A), the State submitting such report shall
compare the information compiled to be reported pursuant to
clause (i) of paragraph (1)(A) to open-source data records, and
shall revise such report to include any incident determined to
be missing from the report based on such comparison. Failure to
comply with the procedures described in the previous sentence
shall be considered a failure to comply with the requirements
of this section.
(b) Ineligibility for Funds.--
(1) In general.--For any fiscal year in which a State or
Indian Tribe fails to comply with this section, the State or
Indian Tribe, at the discretion of the Attorney General, shall
be subject to not more than a 10-percent reduction of the funds
that would otherwise be allocated for that fiscal year to the
State under a Byrne grant program.
(2) Reallocation.--Amounts not allocated under a Byrne
grant program in accordance with paragraph (1) to a State for
failure to comply with this section shall be reallocated under
the Byrne grant program to States that have not failed to
comply with this section.
(3) Information regarding school resource officers.--The
State shall ensure that all schools and local educational
agencies within the jurisdiction of the State provide the State
with the information needed regarding school resource officers
to comply with this section.
(c) Public Availability of Data.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter, the Attorney
General shall publish, and make available to the public, a
report containing the data reported to the Attorney General
under this section.
(2) Privacy protections.--Nothing in this subsection shall
be construed to supersede the requirements or limitations under
section 552a of title 5, United States Code (commonly known as
the ``Privacy Act of 1974'').
(d) Guidance.--Not later than 180 days after the date of enactment
of this Act, the Attorney General, in coordination with the Director of
the Federal Bureau of Investigation, shall issue guidance on best
practices relating to establishing standard data collection systems
that capture the information required to be reported under subsection
(a)(2), which shall include standard and consistent definitions for
terms, including the term ``use of force'' which is consistent with the
definition of such term in section 222.
SEC. 224. USE OF FORCE DATA REPORTING.
(a) Technical Assistance Grants Authorized.--The Attorney General
may make grants to eligible law enforcement agencies to be used for the
activities described in subsection (c).
(b) Eligibility.--In order to be eligible to receive a grant under
this section a law enforcement agency shall--
(1) be an Indian Tribe or located in a State that receives
funds under a Byrne grant program;
(2) employ not more that 100 local or tribal law
enforcement officers;
(3) demonstrate that the use of force policy for local law
enforcement officers employed by the law enforcement agency is
publicly available; and
(4) establish and maintain a complaint system that--
(A) may be used by members of the public to report
incidents of use of force to the law enforcement
agency;
(B) makes all information collected publicly
searchable and available; and
(C) provide information on the status of an
investigation.
(c) Activities Described.--A grant made under this section may be
used by a law enforcement agency for--
(1) the cost of assisting the State or Indian Tribe in
which the law enforcement agency is located in complying with
the reporting requirements described in section 223;
(2) the cost of establishing necessary systems required to
investigate and report incidents as required under subsection
(b)(4);
(3) public awareness campaigns designed to gain information
from the public on use of force by or against local and tribal
law enforcement officers, including shootings, which may
include tip lines, hotlines, and public service announcements;
and
(4) use of force training for law enforcement agencies and
personnel, including training on de-escalation, implicit bias,
crisis intervention techniques, and adolescent development.
SEC. 225. COMPLIANCE WITH REPORTING REQUIREMENTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and each year thereafter, the Attorney General shall
conduct an audit and review of the information provided under this
subtitle to determine whether each State described in section 223(a)(1)
is in compliance with the requirements of this subtitle.
(b) Consistency in Data Reporting.--
(1) In general.--Any data reported under this subtitle
shall be collected and reported--
(A) in a manner consistent with existing programs
of the Department of Justice that collect data on local
law enforcement officer encounters with civilians; and
(B) in a manner consistent with civil and human
rights laws for distribution of information to the
public.
(2) Guidelines.--Not later than 1 year after the date of
enactment of this Act, the Attorney General shall--
(A) issue guidelines on the reporting requirement
under section 223; and
(B) seek public comment before finalizing the
guidelines required under subparagraph (A).
SEC. 226. FEDERAL LAW ENFORCEMENT REPORTING.
The head of each Federal law enforcement agency shall submit to the
Attorney General, on a quarterly basis and pursuant to guidelines
established by the Attorney General, the information required to be
reported by a State or Indian Tribe under section 223.
SEC. 227. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attorney General
such sums as are necessary to carry out this subtitle.
TITLE III--IMPROVING POLICE TRAINING AND POLICIES
Subtitle A--End Racial and Religious Profiling Act
SEC. 301. SHORT TITLE.
This subtitle may be cited as the ``End Racial and Religious
Profiling Act of 2020'' or ``ERRPA''.
SEC. 302. DEFINITIONS.
In this subtitle:
(1) Covered program.--The term ``covered program'' means
any program or activity funded in whole or in part with funds
made available under--
(A) the Edward Byrne Memorial Justice Assistance
Grant Program under part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10151 et seq.); and
(B) the ``Cops on the Beat'' program under part Q
of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10381 et seq.), except
that no program, project, or other activity specified
in section 1701(b)(13) of such part shall be a covered
program under this paragraph.
(2) Governmental body.--The term ``governmental body''
means any department, agency, special purpose district, or
other instrumentality of Federal, State, local, or Indian
Tribal government.
(3) Hit rate.--The term ``hit rate'' means the percentage
of stops and searches in which a law enforcement officer finds
drugs, a gun, or something else that leads to an arrest. The
hit rate is calculated by dividing the total number of searches
by the number of searches that yield contraband. The hit rate
is complementary to the rate of false stops.
(4) Law enforcement agency.--The term ``law enforcement
agency'' means any Federal, State, or local public agency
engaged in the prevention, detection, or investigation of
violations of criminal, immigration, or customs laws.
(5) Law enforcement agent.--The term ``law enforcement
agent'' means any Federal, State, or local official responsible
for enforcing criminal, immigration, or customs laws, including
police officers and other agents of a law enforcement agency.
(6) Racial profiling.--
(A) In general.--The term ``racial profiling''
means the practice of a law enforcement agent or agency
relying, to any degree, on actual or perceived race,
ethnicity, national origin, religion, gender, gender
identity, or sexual orientation in selecting which
individual to subject to routine or spontaneous
investigatory activities or in deciding upon the scope
and substance of law enforcement activity following the
initial investigatory procedure, except when there is
trustworthy information, relevant to the locality and
timeframe, that links a person with a particular
characteristic described in this paragraph to an
identified criminal incident or scheme.
(B) Exception.--For purposes of subparagraph (A), a
Tribal law enforcement officer exercising law
enforcement authority within Indian country, as that
term is defined in section 1151 of title 18, United
States Code, is not considered to be racial profiling
with respect to making key jurisdictional
determinations that are necessarily tied to reliance on
actual or perceived race, ethnicity, or tribal
affiliation.
(7) Routine or spontaneous investigatory activities.--The
term ``routine or spontaneous investigatory activities'' means
the following activities by a law enforcement agent:
(A) Interviews.
(B) Traffic stops.
(C) Pedestrian stops.
(D) Frisks and other types of body searches.
(E) Consensual or nonconsensual searches of the
persons, property, or possessions (including vehicles)
of individuals using any form of public or private
transportation, including motorists and pedestrians.
(F) Data collection and analysis, assessments, and
predicated investigations.
(G) Inspections and interviews of entrants into the
United States that are more extensive than those
customarily carried out.
(H) Immigration-related workplace investigations.
(I) Such other types of law enforcement encounters
compiled for or by the Federal Bureau of Investigation
or the Department of Justice Bureau of Justice
Statistics.
(8) Reasonable request.--The term ``reasonable request''
means all requests for information, except for those that--
(A) are immaterial to the investigation;
(B) would result in the unnecessary disclosure of
personal information; or
(C) would place a severe burden on the resources of
the law enforcement agency given its size.
(9) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, and
any other territory or possession of the United States.
(10) Unit of local government.--The term ``unit of local
government'' means--
(A) any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State; or
(B) any law enforcement district or judicial
enforcement district that--
(i) is established under applicable State
law; and
(ii) has the authority to, in a manner
independent of other State entities, establish
a budget and impose taxes.
PART I--PROHIBITION OF RACIAL PROFILING
SEC. 311. PROHIBITION.
No law enforcement agent or law enforcement agency shall engage in
racial profiling.
SEC. 312. ENFORCEMENT.
(a) Remedy.--The United States, or an individual injured by racial
profiling, may enforce this part in a civil action for declaratory or
injunctive relief, filed either in a State court of general
jurisdiction or in a district court of the United States.
(b) Parties.--In any action brought under this part, relief may be
obtained against--
(1) any governmental body that employed any law enforcement
agent who engaged in racial profiling;
(2) any agent of such body who engaged in racial profiling;
and
(3) any person with supervisory authority over such agent.
(c) Nature of Proof.--Proof that the routine or spontaneous
investigatory activities of law enforcement agents in a jurisdiction
have had a disparate impact on individuals with a particular
characteristic described in section 302(6) shall constitute prima facie
evidence of a violation of this part.
(d) Attorney's Fees.--In any action or proceeding to enforce this
part against any governmental body, the court may allow a prevailing
plaintiff, other than the United States, reasonable attorney's fees as
part of the costs, and may include expert fees as part of the
attorney's fee.
PART II--PROGRAMS TO ELIMINATE RACIAL PROFILING BY FEDERAL LAW
ENFORCEMENT AGENCIES
SEC. 321. POLICIES TO ELIMINATE RACIAL PROFILING.
(a) In General.--Federal law enforcement agencies shall--
(1) maintain adequate policies and procedures designed to
eliminate racial profiling; and
(2) cease existing practices that permit racial profiling.
(b) Policies.--The policies and procedures described in subsection
(a)(1) shall include--
(1) a prohibition on racial profiling;
(2) training on racial profiling issues as part of Federal
law enforcement training;
(3) the collection of data in accordance with the
regulations issued by the Attorney General under section 341;
(4) procedures for receiving, investigating, and responding
meaningfully to complaints alleging racial profiling by law
enforcement agents; and
(5) any other policies and procedures the Attorney General
determines to be necessary to eliminate racial profiling by
Federal law enforcement agencies.
PART III--PROGRAMS TO ELIMINATE RACIAL PROFILING BY STATE AND LOCAL LAW
ENFORCEMENT AGENCIES
SEC. 331. POLICIES REQUIRED FOR GRANTS.
(a) In General.--An application by a State, a unit of local
government, or a State or local law enforcement agency for funding
under a covered program shall include a certification that such State,
unit of local government, or law enforcement agency, and any law
enforcement agency to which it will distribute funds--
(1) maintains adequate policies and procedures designed to
eliminate racial profiling; and
(2) has eliminated any existing practices that permit or
encourage racial profiling.
(b) Policies.--The policies and procedures described in subsection
(a)(1) shall include--
(1) a prohibition on racial profiling;
(2) training on racial profiling issues as part of law
enforcement training;
(3) the collection of data in accordance with the
regulations issued by the Attorney General under section 341;
and
(4) participation in an administrative complaint procedure
or independent audit program that meets the requirements of
section 332.
(c) Effective Date.--This section shall take effect 12 months after
the date of enactment of this Act.
SEC. 332. INVOLVEMENT OF ATTORNEY GENERAL.
(a) Regulations.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act and in consultation with stakeholders,
including Federal, State, and local law enforcement agencies
and community, professional, research, and civil rights
organizations, the Attorney General shall issue regulations for
the operation of administrative complaint procedures and
independent audit programs to ensure that such programs and
procedures provide an appropriate response to allegations of
racial profiling by law enforcement agents or agencies.
(2) Guidelines.--The regulations issued under paragraph (1)
shall contain guidelines that ensure the fairness,
effectiveness, and independence of the administrative complaint
procedures and independent auditor programs.
(b) Noncompliance.--If the Attorney General determines that the
recipient of a grant from any covered program is not in compliance with
the requirements of section 331 or the regulations issued under
subsection (a), the Attorney General shall withhold, in whole or in
part (at the discretion of the Attorney General), funds for one or more
grants to the recipient under the covered program, until the recipient
establishes compliance.
(c) Private Parties.--The Attorney General shall provide notice and
an opportunity for private parties to present evidence to the Attorney
General that a recipient of a grant from any covered program is not in
compliance with the requirements of this part.
SEC. 333. DATA COLLECTION DEMONSTRATION PROJECT.
(a) Technical Assistance Grants for Data Collection.--
(1) In general.--The Attorney General may, through
competitive grants or contracts, carry out a 2-year
demonstration project for the purpose of developing and
implementing data collection programs on the hit rates for
stops and searches by law enforcement agencies. The data
collected shall be disaggregated by race, ethnicity, national
origin, gender, and religion.
(2) Number of grants.--The Attorney General shall provide
not more than 5 grants or contracts under this section.
(3) Eligible grantees.--Grants or contracts under this
section shall be awarded to law enforcement agencies that serve
communities where there is a significant concentration of
racial or ethnic minorities and that are not already collecting
data voluntarily.
(b) Required Activities.--Activities carried out with a grant under
this section shall include--
(1) developing a data collection tool and reporting the
compiled data to the Attorney General; and
(2) training of law enforcement personnel on data
collection, particularly for data collection on hit rates for
stops and searches.
(c) Evaluation.--Not later than 3 years after the date of enactment
of this Act, the Attorney General shall enter into a contract with an
institution of higher education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)) to analyze the data
collected by each of the grantees funded under this section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out activities under this section--
(1) $5,000,000, over a 2-year period, to carry out the
demonstration program under subsection (a); and
(2) $500,000 to carry out the evaluation under subsection
(c).
SEC. 334. DEVELOPMENT OF BEST PRACTICES.
(a) Use of Funds Requirement.--Section 502(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10153(a)), as amended by section 114, is amended by adding at the end
the following:
``(9) An assurance that, for each fiscal year covered by an
application, the applicant will use not less than 10 percent of
the total amount of the grant award for the fiscal year to
develop and implement best practice devices and systems to
eliminate racial profiling in accordance with section 334 of
the End Racial and Religious Profiling Act of 2020.''.
(b) Development of Best Practices.--Grant amounts described in
paragraph (9) of section 502(a) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10153(a)), as added by
subsection (a) of this section, shall be for programs that include the
following purposes:
(1) The development and implementation of training to
prevent racial profiling and to encourage more respectful
interaction with the public.
(2) The acquisition and use of technology to facilitate the
accurate collection and analysis of data.
(3) The development and acquisition of feedback systems and
technologies that identify officers or units of officers
engaged in, or at risk of engaging in, racial profiling or
other misconduct.
(4) The establishment and maintenance of an administrative
complaint procedure or independent auditor program.
SEC. 335. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attorney General
such sums as are necessary to carry out this part.
PART IV--DATA COLLECTION
SEC. 341. ATTORNEY GENERAL TO ISSUE REGULATIONS.
(a) Regulations.--Not later than 6 months after the date of
enactment of this Act, the Attorney General, in consultation with
stakeholders, including Federal, State, and local law enforcement
agencies and community, professional, research, and civil rights
organizations, shall issue regulations for the collection and
compilation of data under sections 321 and 331.
(b) Requirements.--The regulations issued under subsection (a)
shall--
(1) provide for the collection of data on all routine or
spontaneous investigatory activities;
(2) provide that the data collected shall--
(A) be collected by race, ethnicity, national
origin, gender, disability, and religion;
(B) include the date, time, and location of such
investigatory activities;
(C) include detail sufficient to permit an analysis
of whether a law enforcement agency is engaging in
racial profiling; and
(D) not include personally identifiable
information;
(3) provide that a standardized form shall be made
available to law enforcement agencies for the submission of
collected data to the Department of Justice;
(4) provide that law enforcement agencies shall compile
data on the standardized form made available under paragraph
(3), and submit the form to the Civil Rights Division and the
Department of Justice Bureau of Justice Statistics;
(5) provide that law enforcement agencies shall maintain
all data collected under this subtitle for not less than 4
years;
(6) include guidelines for setting comparative benchmarks,
consistent with best practices, against which collected data
shall be measured;
(7) provide that the Department of Justice Bureau of
Justice Statistics shall--
(A) analyze the data for any statistically
significant disparities, including--
(i) disparities in the percentage of
drivers or pedestrians stopped relative to the
proportion of the population passing through
the neighborhood;
(ii) disparities in the hit rate; and
(iii) disparities in the frequency of
searches performed on racial or ethnic minority
drivers and the frequency of searches performed
on nonminority drivers; and
(B) not later than 3 years after the date of
enactment of this Act, and annually thereafter--
(i) prepare a report regarding the findings
of the analysis conducted under subparagraph
(A);
(ii) provide such report to Congress; and
(iii) make such report available to the
public, including on a website of the
Department of Justice, and in accordance with
accessibility standards under the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.); and
(8) protect the privacy of individuals whose data is
collected by--
(A) limiting the use of the data collected under
this subtitle to the purposes set forth in this
subtitle;
(B) except as otherwise provided in this subtitle,
limiting access to the data collected under this
subtitle to those Federal, State, or local employees or
agents who require such access in order to fulfill the
purposes for the data set forth in this subtitle;
(C) requiring contractors or other nongovernmental
agents who are permitted access to the data collected
under this subtitle to sign use agreements
incorporating the use and disclosure restrictions set
forth in subparagraph (A); and
(D) requiring the maintenance of adequate security
measures to prevent unauthorized access to the data
collected under this subtitle.
SEC. 342. PUBLICATION OF DATA.
The Department of Justice Bureau of Justice Statistics shall
provide to Congress and make available to the public, together with
each annual report described in section 341, the data collected
pursuant to this subtitle, excluding any personally identifiable
information described in section 343.
SEC. 343. LIMITATIONS ON PUBLICATION OF DATA.
The name or identifying information of a law enforcement officer,
complainant, or any other individual involved in any activity for which
data is collected and compiled under this subtitle shall not be--
(1) released to the public;
(2) disclosed to any person, except for--
(A) such disclosures as are necessary to comply
with this subtitle;
(B) disclosures of information regarding a
particular person to that person; or
(C) disclosures pursuant to litigation; or
(3) subject to disclosure under section 552 of title 5,
United States Code (commonly known as the Freedom of
Information Act), except for disclosures of information
regarding a particular person to that person.
PART V--DEPARTMENT OF JUSTICE REGULATIONS AND REPORTS ON RACIAL
PROFILING IN THE UNITED STATES
SEC. 351. ATTORNEY GENERAL TO ISSUE REGULATIONS AND REPORTS.
(a) Regulations.--In addition to the regulations required under
sections 333 and 341, the Attorney General shall issue such other
regulations as the Attorney General determines are necessary to
implement this subtitle.
(b) Reports.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter, the Attorney
General shall submit to Congress a report on racial profiling
by law enforcement agencies.
(2) Scope.--Each report submitted under paragraph (1) shall
include--
(A) a summary of data collected under sections
321(b)(3) and 331(b)(3) and from any other reliable
source of information regarding racial profiling in the
United States;
(B) a discussion of the findings in the most recent
report prepared by the Department of Justice Bureau of
Justice Statistics under section 341(b)(7);
(C) the status of the adoption and implementation
of policies and procedures by Federal law enforcement
agencies under section 321 and by the State and local
law enforcement agencies under sections 331 and 332;
and
(D) a description of any other policies and
procedures that the Attorney General believes would
facilitate the elimination of racial profiling.
Subtitle B--Additional Reforms
SEC. 361. TRAINING ON RACIAL BIAS AND DUTY TO INTERVENE.
(a) In General.--The Attorney General shall establish--
(1) a training program to cover racial profiling, implicit
bias, and procedural justice; and
(2) a clear duty for Federal law enforcement officers to
intervene in cases where another law enforcement officer is
using excessive force against a civilian, and establish a
training program that covers the duty to intervene.
(b) Mandatory Training for Federal Law Enforcement Officers.--The
head of each Federal law enforcement agency shall require each Federal
law enforcement officer employed by the agency to complete the training
programs established under subsection (a).
(c) Limitation on Eligibility for Funds.--Beginning in the first
fiscal year beginning after the date of enactment of this Act, a State
or local jurisdiction may not receive funds under the Byrne grant
program for a fiscal year if, on the day before the first day of the
fiscal year, the State or local jurisdiction does not require each law
enforcement officer in the State or local jurisdiction to complete the
training programs established under subsection (a).
(d) Grants To Train Law Enforcement Officers on Use of Force.--
Section 501(a)(1) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is amended by adding at the
end the following:
``(I) Training programs for law enforcement
officers, including training programs on use of force
and a duty to intervene.''.
SEC. 362. BAN ON NO-KNOCK WARRANTS IN DRUG CASES.
(a) Ban on Federal Warrants in Drug Cases.--Section 509 of the
Controlled Substances Act (21 U.S.C. 879) is amended by adding at the
end the following: ``A search warrant authorized under this section
shall require that a law enforcement officer execute the search warrant
only after providing notice of his or her authority and purpose.''.
(b) Definition.--In this section, the term ``no-knock warrant''
means a warrant that allows a law enforcement officer to enter a
property without requiring the law enforcement officer to announce the
presence of the law enforcement officer or the intention of the law
enforcement officer to enter the property.
(c) Limitation on Eligibility for Funds.--Beginning in the first
fiscal year beginning after the date of enactment of this Act, a State
or local jurisdiction may not receive funds under the COPS grant
program for a fiscal year if, on the day before the first day of the
fiscal year, the State or other jurisdiction does not have in effect a
law that prohibits the issuance of a no-knock warrant in a drug case.
SEC. 363. INCENTIVIZING BANNING OF CHOKEHOLDS AND CAROTID HOLDS.
(a) Definition.--In this section, the term ``chokehold or carotid
hold'' means the application of any pressure to the throat or windpipe,
the use of maneuvers that restrict blood or oxygen flow to the brain,
or carotid artery restraints that prevent or hinder breathing or reduce
intake of air of an individual.
(b) Limitation on Eligibility for Funds.--Beginning in the first
fiscal year beginning after the date of enactment of this Act, a State
or local jurisdiction may not receive funds under the Byrne grant
program or the COPS grant program for a fiscal year if, on the day
before the first day of the fiscal year, the State or other
jurisdiction does not have in effect a law that prohibits law
enforcement officers in the State or other jurisdiction from using a
chokehold or carotid hold.
(c) Chokeholds as Civil Rights Violations.--
(1) Short title.--This subsection may be cited as the
``Eric Garner Excessive Use of Force Prevention Act''.
(2) Chokeholds as civil rights violations.--Section 242 of
title 18, United States Code, as amended by section 101, is
amended by adding at the end the following: ``For the purposes
of this section, the application of any pressure to the throat
or windpipe, use of maneuvers that restrict blood or oxygen
flow to the brain, or carotid artery restraints which prevent
or hinder breathing or reduce intake of air is a punishment,
pain, or penalty.''.
SEC. 364. PEACE ACT.
(a) Short Title.--This section may be cited as the ``Police
Exercising Absolute Care With Everyone Act of 2020'' or the ``PEACE Act
of 2020''.
(b) Use of Force by Federal Law Enforcement Officers.--
(1) Definitions.--In this subsection:
(A) Deadly force.--The term ``deadly force'' means
force that creates a substantial risk of causing death
or serious bodily injury, including--
(i) the discharge of a firearm;
(ii) a maneuver that restricts blood or
oxygen flow to the brain, including chokeholds,
strangleholds, neck restraints, neckholds, and
carotid artery restraints; and
(iii) multiple discharges of an electronic
control weapon.
(B) Deescalation tactics and techniques.--The term
``deescalation tactics and techniques'' means proactive
actions and approaches used by a Federal law
enforcement officer to stabilize the situation so that
more time, options, and resources are available to gain
a person's voluntary compliance and reduce or eliminate
the need to use force, including verbal persuasion,
warnings, tactical techniques, slowing down the pace of
an incident, waiting out a subject, creating distance
between the officer and the threat, and requesting
additional resources to resolve the incident.
(C) Federal law enforcement officer.--The term
``Federal law enforcement officer'' means any officer,
agent, or employee of the United States authorized by
law or by a Government agency to engage in or supervise
the prevention, detection, investigation, or
prosecution of any violation of Federal criminal law.
(D) Less lethal force.--The term ``less lethal
force'' means any degree of force that is not likely to
have lethal effect.
(E) Necessary.--The term ``necessary'' means that
another reasonable Federal law enforcement officer
would objectively conclude, under the totality of the
circumstances, that there was no reasonable alternative
to the use of force.
(F) Reasonable alternatives.--
(i) In general.--The term ``reasonable
alternatives'' means tactics and methods used
by a Federal law enforcement officer to
effectuate an arrest that do not unreasonably
increase the risk posed to the law enforcement
officer or another person, including verbal
communication, distance, warnings, deescalation
tactics and techniques, tactical repositioning,
and other tactics and techniques intended to
stabilize the situation and reduce the
immediacy of the risk so that more time,
options, and resources can be called upon to
resolve the situation without the use of force.
(ii) Deadly force.--With respect to the use
of deadly force, the term ``reasonable
alternatives'' includes the use of less lethal
force.
(G) Totality of the circumstances.--The term
``totality of the circumstances'' means all credible
facts known to the Federal law enforcement officer
leading up to and at the time of the use of force,
including the actions of the person against whom the
Federal law enforcement officer uses such force and the
actions of the Federal law enforcement officer.
(2) Prohibition on less lethal force.--A Federal law
enforcement officer may not use any less lethal force unless--
(A) the form of less lethal force used is necessary
and proportional in order to effectuate an arrest of a
person who the officer has probable cause to believe
has committed a criminal offense; and
(B) reasonable alternatives to the use of the form
of less lethal force have been exhausted.
(3) Prohibition on deadly use of force.--A Federal law
enforcement officer may not use deadly force against a person
unless--
(A) the form of deadly force used is necessary, as
a last resort, to prevent imminent and serious bodily
injury or death to the officer or another person;
(B) the use of the form of deadly force creates no
substantial risk of injury to a third person; and
(C) reasonable alternatives to the use of the form
of deadly force have been exhausted.
(4) Requirement to give verbal warning.--When feasible,
prior to using force against a person, a Federal law
enforcement officer shall identify himself or herself as a
Federal law enforcement officer, and issue a verbal warning to
the person that the Federal law enforcement officer seeks to
apprehend, which shall--
(A) include a request that the person surrender to
the law enforcement officer; and
(B) notify the person that the law enforcement
officer will use force against the person if the person
resists arrest or flees.
(5) Guidance on use of force.--Not later than 120 days
after the date of enactment of this Act, the Attorney General,
in consultation with impacted persons, communities, and
organizations, including representatives of civil and human
rights organizations, victims of police use of force, and
representatives of law enforcement associations, shall provide
guidance to Federal law enforcement agencies on--
(A) the types of less lethal force and deadly force
that are prohibited under paragraphs (2) and (3); and
(B) how a Federal law enforcement officer can--
(i) assess whether the use of force is
appropriate and necessary; and
(ii) use the least amount of force when
interacting with--
(I) pregnant individuals;
(II) children and youth under 21
years of age;
(III) elderly persons;
(IV) persons with mental,
behavioral, or physical disabilities or
impairments;
(V) persons experiencing perceptual
or cognitive impairments due to use of
alcohol, narcotics, hallucinogens, or
other drugs;
(VI) persons suffering from a
serious medical condition; and
(VII) persons with limited English
proficiency.
(6) Training.--The Attorney General shall provide training
to Federal law enforcement officers on interacting people
described in subclauses (I) through (VII) of paragraph
(5)(B)(ii).
(7) Limitation on justification defense.--
(A) In general.--Chapter 51 of title 18, United
States Code, is amended by adding at the end the
following:
``Sec. 1123. Limitation on justification defense for Federal law
enforcement officers
``(a) In General.--It is not a defense to an offense under section
1111 or 1112 that the use of less lethal force or deadly force was
justified in the case of a Federal law enforcement officer--
``(1) whose use of such force was inconsistent with section
2 of the `Police Exercising Absolute Care With Everyone Act of
2020'; or
``(2) whose gross negligence, leading up to and at the time
of the use of force, contributed to the necessity of the use of
such force.
``(b) Definitions.--In this section--
``(1) the terms `deadly force' and `less lethal force' have
the meanings given such terms in section 2 of the `Police
Exercising Absolute Care With Everyone Act of 2020'; and
``(2) the term `Federal law enforcement officer' has the
meaning given such term in section 115.''.
(B) Clerical amendment.--The table of sections for
chapter 51 of title 18, United States Code, is amended
by inserting after the item related to section 1122 the
following:
``1123. Limitation on justification defense for Federal law enforcement
officers.''.
(c) Limitation on the Receipt of Funds Under the Edward Byrne
Memorial Justice Assistance Grant Program.--
(1) Limitation.--A State or other jurisdiction, other than
an Indian Tribe, may not receive funds that the State or other
jurisdiction would otherwise receive under subpart 1 of part E
of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10151 et seq.) for a fiscal year if, on the day
before the first day of the fiscal year, the State or other
jurisdiction does not have in effect a law that is consistent
with subsection (b) of this Act and section 1123 of title 18,
United States Code, as determined by the Attorney General.
(2) Subsequent enactment.--
(A) In general.--If funds described in paragraph
(1) are withheld from a State or other jurisdiction
pursuant to paragraph (1) for one or more fiscal years,
and the State or other jurisdiction enacts or puts in
place a law described in paragraph (1), and
demonstrates substantial efforts to enforce such law,
subject to subparagraph (B), the State or other
jurisdiction shall be eligible, in the fiscal year
after the fiscal year during which the State or other
jurisdiction demonstrates such substantial efforts, to
receive the total amount that the State or other
jurisdiction would have received during each fiscal
year for which funds were withheld.
(B) Limit on amount of prior year funds.--A State
or other jurisdiction may not receive funds under
subparagraph (A) in an amount that is more than the
amount withheld from the State or other jurisdiction
during the 5-fiscal-year period before the fiscal year
during which funds are received under subparagraph (A).
(3) Guidance.--Not later than 120 days after the date of
enactment of this Act, the Attorney General, in consultation
with impacted persons, communities, and organizations,
including representatives of civil and human rights
organizations, individuals against whom a law enforcement
officer used force, and representatives of law enforcement
associations, shall make guidance available to States and other
jurisdictions on the criteria that the Attorney General will
use in determining whether the State or jurisdiction has in
place a law described in paragraph (1).
(4) Application.--This subsection shall apply to the first
fiscal year that begins after the date that is 1 year after the
date of the enactment of this Act, and each fiscal year
thereafter.
SEC. 365. STOP MILITARIZING LAW ENFORCEMENT ACT.
(a) Findings.--Congress makes the following findings:
(1) Under section 2576a of title 10, United States Code,
the Department of Defense is authorized to provide excess
property to local law enforcement agencies. The Defense
Logistics Agency, administers such section by operating the Law
Enforcement Support Office program.
(2) New and used material, including mine-resistant ambush-
protected vehicles and weapons determined by the Department of
Defense to be ``military grade'' are transferred to Federal,
Tribal, State, and local law enforcement agencies through the
program.
(3) As a result local law enforcement agencies, including
police and sheriff's departments, are acquiring this material
for use in their normal operations.
(4) As a result of the wars in Iraq and Afghanistan,
military equipment purchased for, and used in, those wars has
become excess property and has been made available for transfer
to local and Federal law enforcement agencies.
(5) In Fiscal Year 2017, $504,000,000 worth of property was
transferred to law enforcement agencies.
(6) More than $6,800,000,000 worth of weapons and equipment
have been transferred to police organizations in all 50 States
and four territories through the program.
(7) In May 2012, the Defense Logistics Agency instituted a
moratorium on weapons transfers through the program after
reports of missing equipment and inappropriate weapons
transfers.
(8) Though the moratorium was widely publicized, it was
lifted in October 2013 without adequate safeguards.
(9) On January 16, 2015, President Barack Obama issued
Executive Order 13688 to better coordinate and regulate the
federal transfer of military weapons and equipment to State,
local, and Tribal law enforcement agencies.
(10) In July, 2017, the Government Accountability Office
reported that the program's internal controls were inadequate
to prevent fraudulent applicants' access to the program.
(11) On August, 28, 2017, President Donald Trump rescinded
Executive Order 13688 despite a July 2017 Government
Accountability Office report finding deficiencies with the
administration of the 1033 program.
(12) As a result, Federal, State, and local law enforcement
departments across the country are eligible again to acquire
free ``military-grade'' weapons and equipment that could be
used inappropriately during policing efforts in which people
and taxpayers could be harmed.
(13) The Department of Defense categorizes equipment
eligible for transfer under the 1033 program as ``controlled''
and ``un-controlled'' equipment. ``Controlled equipment''
includes weapons, explosives such as flash-bang grenades, mine-
resistant ambush-protected vehicles, long-range acoustic
devices, aircraft capable of being modified to carry armament
that are combat coded, and silencers, among other military
grade items.
(b) Limitation on Department of Defense Transfer of Personal
Property to Local Law Enforcement Agencies.--
(1) In general.--Section 2576a of title 10, United States
Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1)(A), by striking
``counterdrug, counterterrorism, and border
security activities'' and inserting
``counterterrorism''; and
(ii) in paragraph (2), by striking ``, the
Director of National Drug Control Policy,'';
(B) in subsection (b)--
(i) in paragraph (5), by striking ``and''
at the end;
(ii) in paragraph (6), by striking the
period and inserting a semicolon; and
(iii) by adding at the end the following
new paragraphs:
``(7) the recipient submits to the Department of Defense a
description of how the recipient expects to use the property;
``(8) the recipient certifies to the Department of Defense
that if the recipient determines that the property is surplus
to the needs of the recipient, the recipient will return the
property to the Department of Defense;
``(9) with respect to a recipient that is not a Federal
agency, the recipient certifies to the Department of Defense
that the recipient notified the local community of the request
for personal property under this section by--
``(A) publishing a notice of such request on a
publicly accessible internet website;
``(B) posting such notice at several prominent
locations in the jurisdiction of the recipient; and
``(C) ensuring that such notices were available to
the local community for a period of not less than 30
days; and
``(10) the recipient has received the approval of the city
council or other local governing body to acquire the personal
property sought under this section.'';
(C) by striking subsection (d);
(D) by redesignating subsections (e) and (f) as
subsections (o) and (p), respectively; and
(E) by inserting after subsection (c) the following
new subsections:
``(d) Annual Certification Accounting for Transferred Property.--
(1) For each fiscal year, the Secretary shall submit to Congress
certification in writing that each Federal or State agency to which the
Secretary has transferred property under this section--
``(A) has provided to the Secretary documentation
accounting for all controlled property, including arms and
ammunition, that the Secretary has transferred to the agency,
including any item described in subsection (f) so transferred
before the date of the enactment of the Stop Militarizing Law
Enforcement Act; and
``(B) with respect to a non-Federal agency, carried out
each of paragraphs (5) through (8) of subsection (b).
``(2) If the Secretary cannot provide a certification under
paragraph (1) for a Federal or State agency, the Secretary may not
transfer additional property to that agency under this section.
``(e) Annual Report on Excess Property.--Before making any property
available for transfer under this section, the Secretary shall annually
submit to Congress a description of the property to be transferred
together with a certification that the transfer of the property would
not violate this section or any other provision of law.
``(f) Limitations on Transfers.--(1) The Secretary may not transfer
to Federal, Tribal, State, or local law enforcement agencies the
following under this section:
``(A) Controlled firearms, ammunition, bayonets, grenade
launchers, grenades (including stun and flash-bang) and
explosives.
``(B) Controlled vehicles, highly mobile multi-wheeled
vehicles, mine-resistant ambush-protected vehicles, trucks,
truck dump, truck utility, and truck carryall.
``(C) Drones that are armored, weaponized, or both.
``(D) Controlled aircraft that--
``(i) are combat configured or combat coded; or
``(ii) have no established commercial flight
application.
``(E) Silencers.
``(F) Long-range acoustic devices.
``(G) Items in the Federal Supply Class of banned items.
``(2) The Secretary may not require, as a condition of a transfer
under this section, that a Federal or State agency demonstrate the use
of any small arms or ammunition.
``(3) The limitations under this subsection shall also apply with
respect to the transfer of previously transferred property of the
Department of Defense from one Federal or State agency to another such
agency.
``(4)(A) The Secretary may waive the applicability of paragraph (1)
to a vehicle described in subparagraph (B) of such paragraph (other
than a mine-resistant ambush-protected vehicle), if the Secretary
determines that such a waiver is necessary for disaster or rescue
purposes or for another purpose where life and public safety are at
risk, as demonstrated by the proposed recipient of the vehicle.
``(B) If the Secretary issues a waiver under subparagraph (A), the
Secretary shall--
``(i) submit to Congress notice of the waiver, and post
such notice on a public internet website of the Department, by
not later than 30 days after the date on which the waiver is
issued; and
``(ii) require, as a condition of the waiver, that the
recipient of the vehicle for which the waiver is issued
provides public notice of the waiver and the transfer,
including the type of vehicle and the purpose for which it is
transferred, in the jurisdiction where the recipient is located
by not later than 30 days after the date on which the waiver is
issued.
``(5) The Secretary may provide for an exemption to the limitation
under subparagraph (D) of paragraph (1) in the case of parts for
aircraft described in such subparagraph that are transferred as part of
regular maintenance of aircraft in an existing fleet.
``(6) The Secretary shall require, as a condition of any transfer
of property under this section, that the Federal or State agency that
receives the property shall return the property to the Secretary if the
agency--
``(A) is investigated by the Department of Justice for any
violation of civil liberties; or
``(B) is otherwise found to have engaged in widespread
abuses of civil liberties.
``(g) Conditions for Extension of Program.--Notwithstanding any
other provision of law, amounts authorized to be appropriated or
otherwise made available for any fiscal year may not be obligated or
expended to carry out this section unless the Secretary submits to
Congress certification that for the preceding fiscal year that--
``(1) each Federal or State agency that has received
controlled property transferred under this section has--
``(A) demonstrated 100 percent accountability for
all such property, in accordance with paragraph (2) or
(3), as applicable; or
``(B) been suspended from the program pursuant to
paragraph (4);
``(2) with respect to each non-Federal agency that has
received controlled property under this section, the State
coordinator responsible for each such agency has verified that
the coordinator or an agent of the coordinator has conducted an
in-person inventory of the property transferred to the agency
and that 100 percent of such property was accounted for during
the inventory or that the agency has been suspended from the
program pursuant to paragraph (4);
``(3) with respect to each Federal agency that has received
controlled property under this section, the Secretary of
Defense or an agent of the Secretary has conducted an in-person
inventory of the property transferred to the agency and that
100 percent of such property was accounted for during the
inventory or that the agency has been suspended from the
program pursuant to paragraph (4);
``(4) the eligibility of any agency that has received
controlled property under this section for which 100 percent of
the property was not accounted for during an inventory
described in paragraph (1) or (2), as applicable, to receive
any property transferred under this section has been suspended;
and
``(5) each State coordinator has certified, for each non-
Federal agency located in the State for which the State
coordinator is responsible that--
``(A) the agency has complied with all requirements
under this section; or
``(B) the eligibility of the agency to receive
property transferred under this section has been
suspended; and
``(6) the Secretary of Defense has certified, for each
Federal agency that has received property under this section
that--
``(A) the agency has complied with all requirements
under this section; or
``(B) the eligibility of the agency to receive
property transferred under this section has been
suspended.
``(h) Prohibition on Ownership of Controlled Property.--A Federal
or State agency that receives controlled property under this section
may never take ownership of the property.
``(i) Notice to Congress of Property Downgrades.--Not later than 30
days before downgrading the classification of any item of personal
property from controlled or Federal Supply Class, the Secretary shall
submit to Congress notice of the proposed downgrade.
``(j) Notice to Congress of Property Cannibalization.--Before the
Defense Logistics Agency authorizes the recipient of property
transferred under this section to cannibalize the property, the
Secretary shall submit to Congress notice of such authorization,
including the name of the recipient requesting the authorization, the
purpose of the proposed cannibalization, and the type of property
proposed to be cannibalized.
``(k) Quarterly Reports on Use of Controlled Equipment.--Not later
than 30 days after the last day of a fiscal quarter, the Secretary
shall submit to Congress a report on any uses of controlled property
transferred under this section during that fiscal quarter.
``(l) Reports to Congress.--Not later than 30 days after the last
day of a fiscal year, the Secretary shall submit to Congress a report
on the following for the preceding fiscal year:
``(1) The percentage of equipment lost by recipients of
property transferred under this section, including specific
information about the type of property lost, the monetary value
of such property, and the recipient that lost the property.
``(2) The transfer of any new (condition code A) property
transferred under this section, including specific information
about the type of property, the recipient of the property, the
monetary value of each item of the property, and the total
monetary value of all such property transferred during the
fiscal year.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to any transfer of property made after
the date of the enactment of this Act.
SEC. 366. BEST PRACTICES FOR LOCAL LAW ENFORCEMENT AGENCIES.
(a) COPS Grants Used for Local Task Forces on Policing
Innovation.--Part Q of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10381 et seq.) is amended--
(1) in section 1701(b) (34 U.S.C. 13081(b)), as amended by
section 104 of this Act, is amended--
(A) by redesignating paragraphs (23) and (24) as
paragraphs (24) and (25), respectively;
(B) in paragraph (23), as so redesignated, by
striking ``(22)'' and inserting ``(23)''; and
(C) by inserting after paragraph (22) the
following:
``(23) to develop best practices for and to create local
task forces on policing innovation;''; and
(2) in section 1709 (34 U.S.C. 13089), as amended by
section 104 of this Act, is amended by adding at the end the
following:
``(9) `local task force on policing innovation' means an
administrative entity that develops best practices and programs
to enhance community service and accountability of law
enforcement officers.''.
(b) Attorney General To Conduct Study.--
(1) Study.--
(A) In general.--The Attorney General shall conduct
a nationwide study of the prevalence and effect of any
law, rule, or procedure that allows a law enforcement
officer to delay the response to questions posed by a
local internal affairs officer, or review board on the
investigative integrity and prosecution of law
enforcement misconduct, including pre-interview
warnings and termination policies.
(B) Initial analysis.--The Attorney General shall
perform an initial analysis of existing State statutes
to determine whether, at a threshold level, the effect
of this type of rule or procedure raises material
investigatory issues that could impair or hinder a
prompt and thorough investigation of possible
misconduct, including criminal conduct, that would
justify a wider inquiry.
(C) Data collection.--After completion of the
initial analysis under subparagraph (B), and
considering material investigatory issues, the Attorney
General shall gather additional data nationwide on
similar rules from a representative and statistically
significant sample of jurisdictions, to determine
whether such rules and procedures raise such material
investigatory issues.
(2) Reporting.--
(A) Initial analysis.--Not later than 120 days
after the date of the enactment of this Act, the
Attorney General shall--
(i) submit to Congress a report containing
the results of the initial analysis conducted
under paragraph (1)(B);
(ii) make the report submitted under clause
(i) available to the public; and
(iii) identify the jurisdictions for which
the study described in paragraph (1)(A) is to
be conducted.
(B) Data collected.--Not later than 2 years after
the date of the enactment of this Act, the Attorney
General shall submit to Congress a report containing
the results of the data collected under this section
and publish the report in the Federal Register.
(c) Crisis Intervention Teams.--Section 501(c) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152(c))
is amended by adding at the end the following:
``(3) In the case of crisis intervention teams funded under
subsection (a)(1)(H), a program assessment under this
subsection shall contain a report on best practices for crisis
intervention.''.
(d) Use of COPS Grant Program To Hire Law Enforcement Officers Who
Are Residents of the Communities They Serve.--Section 1701(b) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10381(b)), as amended by subsection (a) of this section, is amended--
(1) by redesignating paragraphs (24) and (25) as paragraphs
(27) and (28), respectively;
(2) in paragraph (27), as so redesignated, by striking
``(23)'' and inserting ``(26)''; and
(3) by inserting after paragraph (23) the following:
``(24) to recruit, hire, incentivize, retain, develop, and
train new, additional career law enforcement officers or
current law enforcement officers who are willing to relocate to
communities--
``(A) where there are poor or fragmented
relationships between police and residents of the
community, or where there are high incidents of crime;
and
``(B) that are the communities that the law
enforcement officers serve, or that are in close
proximity to the communities that the law enforcement
officers serve;
``(25) to collect data on the number of law enforcement
officers who are willing to relocate to the communities where
they serve, and whether such law enforcement officer
relocations have impacted crime in such communities;
``(26) to develop and publicly report strategies and
timelines to recruit, hire, promote, retain, develop, and train
a diverse and inclusive law enforcement workforce, consistent
with merit system principles and applicable law;''.
Subtitle C--Law Enforcement Body Cameras
PART I--FEDERAL POLICE CAMERA AND ACCOUNTABILITY ACT
SEC. 371. SHORT TITLE.
This part may be cited as the ``Federal Police Camera and
Accountability Act''.
SEC. 372. REQUIREMENTS FOR FEDERAL UNIFORMED OFFICERS REGARDING THE USE
OF BODY CAMERAS.
(a) Definitions.--In this section:
(1) Minor.--The term ``minor'' means any individual under
18 years of age.
(2) Subject of the video footage.--The term ``subject of
the video footage''--
(A) means any identifiable uniformed officer or any
identifiable suspect, victim, detainee, conversant,
injured party, or other similarly situated person who
appears on the body camera recording; and
(B) does not include people who only incidentally
appear on the recording.
(3) Uniformed officer.--The term ``uniformed officer''
means any person authorized by law to conduct searches and
effectuate arrests, either with or without a warrant, and who
is employed by the Federal Government.
(4) Use of force.--The term ``use of force'' means any
action by a uniformed officer that--
(A) results in death, injury, complaint of injury,
or complaint of pain that persists beyond the use of a
physical control hold;
(B) involves the use of a weapon, including a
personal body weapon, chemical agent, impact weapon,
extended range impact weapon, sonic weapon, sensory
weapon, conducted energy device, or firearm, against a
member of the public; or
(C) involves any intentional pointing of a firearm
at a member of the public.
(5) Video footage.--The term ``video footage'' means any
images or audio recorded by a body camera.
(b) Requirement To Wear Body Camera.--
(1) In general.--Uniformed officers with the authority to
conduct searches and make arrests shall wear a body camera.
(2) Requirement for body camera.--A body camera required
under paragraph (1) shall--
(A) have a field of view at least as broad as the
officer's vision; and
(B) be worn in a manner that maximizes the camera's
ability to capture video footage of the officer's
activities.
(c) Requirement To Activate.--
(1) In general.--Both the video and audio recording
functions of the body camera shall be activated whenever a
uniformed officer is responding to a call for service or at the
initiation of any other law enforcement or investigative
encounter between a uniformed officer and a member of the
public, except that when an immediate threat to the officer's
life or safety makes activating the camera impossible or
dangerous, the officer shall activate the camera at the first
reasonable opportunity to do so.
(2) Allowable deactivation.--The body camera shall not be
deactivated until the encounter has fully concluded and the
uniformed officer leaves the scene.
(d) Notification of Subject of Recording.--A uniformed officer who
is wearing a body camera shall notify any subject of the recording that
he or she is being recorded by a body camera as close to the inception
of the encounter as is reasonably possible.
(e) Requirements.--Notwithstanding subsection (c), the following
shall apply to the use of a body camera:
(1) Prior to entering a private residence without a warrant
or in non-exigent circumstances, a uniformed officer shall ask
the occupant if the occupant wants the officer to discontinue
use of the officer's body camera. If the occupant responds
affirmatively, the uniformed officer shall immediately
discontinue use of the body camera. The officer shall record
such communication using the officer's body camera.
(2) When interacting with an apparent crime victim, a
uniformed officer shall, as soon as practicable, ask the
apparent crime victim if the apparent crime victim wants the
officer to discontinue use of the officer's body camera. If the
apparent crime victim responds affirmatively, the uniformed
officer shall immediately discontinue use of the body camera.
(3) When interacting with a person seeking to anonymously
report a crime or assist in an ongoing law enforcement
investigation, a uniformed officer shall, as soon as
practicable, ask the person seeking to remain anonymous if the
person seeking to remain anonymous wants the officer to
discontinue use of the officer's body camera. If the person
seeking to remain anonymous responds affirmatively, the
uniformed officer shall immediately discontinue use of the body
camera.
(f) Recording of Offers To Discontinue Use of Body Camera.--Each
offer of a uniformed officer to discontinue the use of a body camera
made pursuant to subsection (d), and the responses thereto, shall be
recorded by the body camera prior to discontinuing use of the body
camera.
(g) Limitations on Use of Body Camera.--Body cameras shall not be
used to gather intelligence information based on First Amendment
protected speech, associations, or religion, or to record activity that
is unrelated to a response to a call for service or a law enforcement
or investigative encounter between a law enforcement officer and a
member of the public, and shall not be equipped with or subjected to
any real time facial recognition technologies.
(h) Exceptions.--Uniformed officers--
(1) shall not be required to use body cameras during
investigative or enforcement encounters with the public in the
case that--
(A) recording would risk the safety of a
confidential informant, citizen informant, or
undercover officer;
(B) recording would pose a serious risk to national
security; or
(C) the officer is a military police officer, a
member of the United States Army Criminal Investigation
Command, or a protective detail assigned to a Federal
or foreign official while performing his or her duties;
and
(2) shall not activate a body camera while on the grounds
of any public, private or parochial elementary or secondary
school, except when responding to an imminent threat to life or
health.
(i) Retention of Footage.--
(1) In general.--Body camera video footage shall be
retained by the law enforcement agency that employs the officer
whose camera captured the footage, or an authorized agent
thereof, for 6 months after the date it was recorded, after
which time such footage shall be permanently deleted.
(2) Right to inspect.--During the 6-month retention period
described in paragraph (1), the following persons shall have
the right to inspect the body camera footage:
(A) Any person who is a subject of body camera
video footage, and their designated legal counsel.
(B) A parent of a minor subject of body camera
video footage, and their designated legal counsel.
(C) The spouse, next of kin, or legally authorized
designee of a deceased subject of body camera video
footage, and their designated legal counsel.
(D) A uniformed officer whose body camera recorded
the video footage, and their designated legal counsel,
subject to the limitations and restrictions in this
part.
(E) The superior officer of a uniformed officer
whose body camera recorded the video footage, subject
to the limitations and restrictions in this part.
(F) Any defense counsel who claims, pursuant to a
written affidavit, to have a reasonable basis for
believing a video may contain evidence that exculpates
a client.
(3) Limitation.--The right to inspect subject to subsection
(j)(1) shall not include the right to possess a copy of the
body camera video footage, unless the release of the body
camera footage is otherwise authorized by this part or by
another applicable law. When a body camera fails to capture
some or all of the audio or video of an incident due to
malfunction, displacement of camera, or any other cause, any
audio or video footage that is captured shall be treated the
same as any other body camera audio or video footage under the
law.
(j) Additional Retention Requirements.--Notwithstanding the
retention and deletion requirements in subsection (i):
(1) Video footage shall be automatically retained for not
less than 3 years if the video footage captures an interaction
or event involving--
(A) any use of force; or
(B) an encounter about which a complaint has been
registered by a subject of the video footage.
(2) Body camera video footage shall also be retained for
not less than 3 years if a longer retention period is
voluntarily requested by--
(A) the uniformed officer whose body camera
recorded the video footage, if that officer reasonably
asserts the video footage has evidentiary or
exculpatory value in an ongoing investigation;
(B) any uniformed officer who is a subject of the
video footage, if that officer reasonably asserts the
video footage has evidentiary or exculpatory value;
(C) any superior officer of a uniformed officer
whose body camera recorded the video footage or who is
a subject of the video footage, if that superior
officer reasonably asserts the video footage has
evidentiary or exculpatory value;
(D) any uniformed officer, if the video footage is
being retained solely and exclusively for police
training purposes;
(E) any member of the public who is a subject of
the video footage;
(F) any parent or legal guardian of a minor who is
a subject of the video footage; or
(G) a deceased subject's spouse, next of kin, or
legally authorized designee.
(k) Public Review.--For purposes of subparagraphs (E), (F), and (G)
of subsection (j)(2), any member of the public who is a subject of
video footage, the parent or legal guardian of a minor who is a subject
of the video footage, or a deceased subject's next of kin or legally
authorized designee, shall be permitted to review the specific video
footage in question in order to make a determination as to whether they
will voluntarily request it be subjected to a 3-year retention period.
(l) Disclosure.--
(1) In general.--Except as provided in paragraph (2), all
video footage of an interaction or event captured by a body
camera, if that interaction or event is identified with
reasonable specificity and requested by a member of the public,
shall be provided to the person or entity making the request in
accordance with the procedures for requesting and providing
government records set forth in the section 552a of title 5,
United States Code.
(2) Exceptions.--The following categories of video footage
shall not be released to the public in the absence of express
written permission from the non-law enforcement subjects of the
video footage:
(A) Video footage not subject to a minimum 3-year
retention period pursuant to subsection (j).
(B) Video footage that is subject to a minimum 3-
year retention period solely and exclusively pursuant
to paragraph (1)(B) or (2) of subsection (j).
(3) Priority of requests.--Notwithstanding any time periods
established for acknowledging and responding to records
requests in section 552a of title 5, United States Code,
responses to requests for video footage that is subject to a
minimum 3-year retention period pursuant to subsection
(j)(1)(A), where a subject of the video footage is recorded
being killed, shot by a firearm, or grievously injured, shall
be prioritized and the requested video footage shall be
provided as expeditiously as possible, but in no circumstances
later than 5 days following receipt of the request.
(4) Use of redaction technology.--
(A) In general.--Whenever doing so is necessary to
protect personal privacy, the right to a fair trial,
the identity of a confidential source or crime victim,
or the life or physical safety of any person appearing
in video footage, redaction technology may be used to
obscure the face and other personally identifying
characteristics of that person, including the tone of
the person's voice, provided the redaction does not
interfere with a viewer's ability to fully, completely,
and accurately comprehend the events captured on the
video footage.
(B) Requirements.--The following requirements shall
apply to redactions under subparagraph (A):
(i) When redaction is performed on video
footage pursuant to this paragraph, an
unedited, original version of the video footage
shall be retained pursuant to the requirements
of subsections (i) and (j).
(ii) Except pursuant to the rules for the
redaction of video footage set forth in this
subsection or where it is otherwise expressly
authorized by this Act, no other editing or
alteration of video footage, including a
reduction of the video footage's resolution,
shall be permitted.
(5) Applicability.--The provisions governing the production
of body camera video footage to the public in this part shall
take precedence over all other State and local laws, rules, and
regulations to the contrary.
(m) Prohibited Withholding of Footage.--Body camera video footage
may not be withheld from the public on the basis that it is an
investigatory record or was compiled for law enforcement purposes where
any person under investigation or whose conduct is under review is a
police officer or other law enforcement employee and the video footage
relates to that person's on-the-job conduct.
(n) Admissibility.--Any video footage retained beyond 6 months
solely and exclusively pursuant to subsection (j)(2)(D) shall not be
admissible as evidence in any criminal or civil legal or administrative
proceeding.
(o) Confidentiality.--No government agency or official, or law
enforcement agency, officer, or official may publicly disclose,
release, or share body camera video footage unless--
(1) doing so is expressly authorized pursuant to this part
or another applicable law; or
(2) the video footage is subject to public release pursuant
to subsection (l), and not exempted from public release
pursuant to subsection (l)(1).
(p) Limitation on Uniformed Officer Viewing of Body Camera
Footage.--No uniformed officer shall review or receive an accounting of
any body camera video footage that is subject to a minimum 3-year
retention period pursuant to subsection (j)(1) prior to completing any
required initial reports, statements, and interviews regarding the
recorded event, unless doing so is necessary, while in the field, to
address an immediate threat to life or safety.
(q) Additional Limitations.--Video footage may not be--
(1) in the case of footage that is not subject to a minimum
3-year retention period, viewed by any superior officer of a
uniformed officer whose body camera recorded the footage absent
a specific allegation of misconduct;
(2) subjected to facial recognition or any other form of
automated analysis or analytics of any kind, unless--
(A) a judicial warrant providing authorization is
obtained;
(B) the judicial warrant specifies the precise
video recording to which the authorization applies; and
(C) the authorizing court finds there is probable
cause to believe that the requested use of facial
recognition is relevant to an ongoing criminal
investigation; or
(3) divulged or used by any law enforcement agency for any
commercial or other non-law enforcement purpose.
(r) Third-Party Maintenance of Footage.--Where a law enforcement
agency authorizes a third party to act as its agent in maintaining body
camera footage, the agent shall not be permitted to independently
access, view, or alter any video footage, except to delete videos as
required by law or agency retention policies.
(s) Enforcement.--
(1) In general.--If any uniformed officer, employee, or
agent fails to adhere to the recording or retention
requirements contained in this part, intentionally interfere
with a body camera's ability to accurately capture video
footage, or otherwise manipulate the video footage captured by
a body camera during or after its operation--
(A) appropriate disciplinary action shall be taken
against the individual officer, employee, or agent;
(B) a rebuttable evidentiary presumption shall be
adopted in favor of criminal defendants who reasonably
assert that exculpatory evidence was destroyed or not
captured; and
(C) a rebuttable evidentiary presumption shall be
adopted on behalf of civil plaintiffs suing the
government, a law enforcement agency and/or uniformed
officers for damages based on police misconduct who
reasonably assert that evidence supporting their claim
was destroyed or not captured.
(2) Proof compliance was impossible.--The disciplinary
action requirement and rebuttable presumptions described in
paragraph (1) may be overcome by contrary evidence or proof of
exigent circumstances that made compliance impossible.
(t) Use of Force Investigations.--In the case that a law
enforcement officer equipped with a body camera is involved in, a
witness to, or within viewable sight range of either the use of force
by another law enforcement officer that results in a death, the use of
force by another law enforcement officer, during which the discharge of
a firearm results in an injury, or the conduct of another law
enforcement officer that becomes the subject of a criminal
investigation--
(1) the law enforcement agency that employs the law
enforcement officer, or the agency or department conducting the
related criminal investigation, as appropriate, shall promptly
take possession of the body camera, and shall maintain such
camera, and any data on such camera, in accordance with the
applicable rules governing the preservation of evidence;
(2) a copy of the data on such body camera shall be made in
accordance with prevailing forensic standards for data
collection and reproduction; and
(3) such copied data shall be made available to the public
in accordance with subsection (l).
(u) Limitation on Use of Footage as Evidence.--Any body camera
video footage recorded in contravention of this part or any other
applicable law may not be offered as evidence by any government entity,
agency, department, prosecutorial office, or any other subdivision
thereof in any criminal or civil action or proceeding against any
member of the public.
(v) Publication of Agency Policies.--Any law enforcement policy or
other guidance regarding body cameras, their use, or the video footage
therefrom that is adopted by a Federal agency or department, shall be
made publicly available on that agency's website.
(w) Rule of Construction.--Nothing in this part shall be construed
to contravene any laws governing the maintenance, production, and
destruction of evidence in criminal investigations and prosecutions.
SEC. 373. PATROL VEHICLES WITH IN-CAR VIDEO RECORDING CAMERAS.
(a) Definitions.--In this section:
(1) Audio recording.--The term ``audio recording'' means
the recorded conversation between an officer and a second
party.
(2) Emergency lights.--The term ``emergency lights'' means
oscillating, rotating, or flashing lights on patrol vehicles.
(3) Enforcement stop.--The term ``enforcement stop'' means
an action by an officer in relation to enforcement and
investigation duties, including traffic stops, pedestrian
stops, abandoned vehicle contacts, motorist assists, commercial
motor vehicle stops, roadside safety checks, requests for
identification, or responses to requests for emergency
assistance.
(4) In-car video camera.--The term ``in-car video camera''
means a video camera located in a patrol vehicle.
(5) In-car video camera recording equipment.--The term
``in-car video camera recording equipment'' means a video
camera recording system located in a patrol vehicle consisting
of a camera assembly, recording mechanism, and an in-car video
recording medium.
(6) Recording.--The term ``recording'' means the process of
capturing data or information stored on a recording medium as
required under this section.
(7) Recording medium.--The term ``recording medium'' means
any recording medium for the retention and playback of recorded
audio and video including VHS, DVD, hard drive, solid state,
digital, or flash memory technology.
(8) Wireless microphone.--The term ``wireless microphone''
means a device worn by the officer or any other equipment used
to record conversations between the officer and a second party
and transmitted to the recording equipment.
(b) Requirements.--
(1) In general.--Each Federal law enforcement agency shall
install in-car video camera recording equipment in all patrol
vehicles with a recording medium capable of recording for a
period of 10 hours or more and capable of making audio
recordings with the assistance of a wireless microphone.
(2) Recording equipment requirements.--In-car video camera
recording equipment with a recording medium capable of
recording for a period of 10 hours or more shall record
activities--
(A) outside a patrol vehicle whenever--
(i) an officer assigned a patrol vehicle is
conducting an enforcement stop;
(ii) patrol vehicle emergency lights are
activated or would otherwise be activated if
not for the need to conceal the presence of law
enforcement; or
(iii) an officer reasonably believes
recording may assist with prosecution, enhance
safety, or for any other lawful purpose. In-car
video camera recording equipment with a
recording medium incapable of recording for a
period of 10 hours or more shall record
activities inside the vehicle when transporting
an arrestee or when an officer reasonably
believes recording may assist with prosecution,
enhance safety, or for any other lawful
purpose; and
(B) shall record activities whenever a patrol
vehicle is assigned to patrol duty.
(3) Requirements for recording.--
(A) In general.--Recording for an enforcement stop
shall begin when the officer determines an enforcement
stop is necessary and shall continue until the
enforcement action has been completed and the subject
of the enforcement stop or the officer has left the
scene.
(B) Activation with lights.--Recording shall begin
when patrol vehicle emergency lights are activated or
when they would otherwise be activated if not for the
need to conceal the presence of law enforcement, and
shall continue until the reason for the activation
ceases to exist, regardless of whether the emergency
lights are no longer activated.
(C) Permissible recording.--An officer may begin
recording if the officer reasonably believes recording
may assist with prosecution, enhance safety, or for any
other lawful purpose; and shall continue until the
reason for recording ceases to exist.
(4) Enforcement stops.--Any enforcement stop shall be video
and audio recorded. Audio recording shall terminate upon
release of the violator and prior to initiating a separate
criminal investigation.
(c) Retention of Recordings.--Recordings made on in-car video
camera recording medium shall be retained for a storage period of at
least 90 days. Under no circumstances shall any recording made on in-
car video camera recording medium be altered or erased prior to the
expiration of the designated storage period. Upon completion of the
storage period, the recording medium may be erased and reissued for
operational use unless otherwise ordered or if designated for
evidentiary or training purposes.
(d) Accessibility of Recordings.--Audio or video recordings made
pursuant to this section shall be available under the applicable
provisions of section 552a of title 5, United States Code. Only
recorded portions of the audio recording or video recording medium
applicable to the request will be available for inspection or copying.
(e) Maintenance Required.--The agency shall ensure proper care and
maintenance of in-car video camera recording equipment and recording
medium. An officer operating a patrol vehicle must immediately document
and notify the appropriate person of any technical difficulties,
failures, or problems with the in-car video camera recording equipment
or recording medium. Upon receiving notice, every reasonable effort
shall be made to correct and repair any of the in-car video camera
recording equipment or recording medium and determine if it is in the
public interest to permit the use of the patrol vehicle.
SEC. 374. FACIAL RECOGNITION TECHNOLOGY.
No camera or recording device authorized or required to be used
under this part may employ facial recognition technology.
SEC. 375. GAO STUDY.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a study on
Federal law enforcement officer training, vehicle pursuits, use of
force, and interaction with citizens, and submit a report on such study
to--
(1) the Committees on the Judiciary of the House of
Representatives and of the Senate;
(2) the Committee on Oversight and Reform of the House of
Representatives; and
(3) the Committee on Homeland Security and Governmental
Affairs of the Senate.
SEC. 376. REGULATIONS.
Not later than 6 months after the date of the enactment of this
Act, the Attorney General shall issue such final regulations as are
necessary to carry out this part.
SEC. 377. RULE OF CONSTRUCTION.
Nothing in this part shall be construed to impose any requirement
on a uniformed officer outside of the course of carrying out that
officer's duty.
PART II--POLICE CAMERA ACT
SEC. 381. SHORT TITLE.
This part may be cited as the ``Police Creating Accountability by
Making Effective Recording Available Act of 2020'' or the ``Police
CAMERA Act of 2020''.
SEC. 382. LAW ENFORCEMENT BODY-WORN CAMERA REQUIREMENTS.
(a) Use of Funds Requirement.--Section 502(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10153(a)), as amended by section 334, is amended by adding at the end
the following:
``(10) An assurance that, for each fiscal year covered by
an application, the applicant will use not less than 5 percent
of the total amount of the grant award for the fiscal year to
develop policies and protocols in compliance with part OO.''.
(b) Requirements.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at
the end the following:
``PART OO--LAW ENFORCEMENT BODY-WORN CAMERAS AND RECORDED DATA
``SEC. 3051. USE OF GRANT FUNDS.
``(a) In General.--Grant amounts described in paragraph (10) of
section 502(a) of this title shall be used--
``(1) to purchase or lease body-worn cameras for use by
State, local, and tribal law enforcement officers (as defined
in section 2503);
``(2) for expenses related to the implementation of a body-
worn camera program in order to deter excessive force, improve
accountability and transparency of use of force by law
enforcement officers, assist in responding to complaints
against law enforcement officers, and improve evidence
collection; or
``(3) implementing policies or procedures to comply with
the requirements described in subsection (b).
``(b) Requirements.--A recipient of a grant under subpart 1 of part
E of title I shall--
``(1) establish policies and procedures in accordance with
the requirements described in subsection (c) before law
enforcement officers' use of body-worn cameras;
``(2) adopt recorded data collection and retention
protocols as described in subsection (d) before law enforcement
officers' use of body-worn cameras;
``(3) making the policies and protocols described in
paragraphs (1) and (2) available to the public; and
``(4) complying with the requirements for use of recorded
data under subsection (f).
``(c) Required Policies and Procedures.--An entity receiving a
grant under this section shall--
``(1) develop with community input and publish for public
view policies and protocols for--
``(A) the safe and effective use of body-worn
cameras;
``(B) the secure storage, handling, and destruction
of recorded data collected by body-worn cameras;
``(C) protecting the privacy rights of any
individual who may be recorded by a body-worn camera;
``(D) protecting the constitutional rights of any
individual on whom facial recognition technology is
used;
``(E) limitations on the use of body-worn cameras
in conjunction with facial recognition technology for
instances, including--
``(i) the use of facial recognition
technology only with judicial authorization;
``(ii) the use of facial recognition
technology only for imminent threats or serious
crimes; and
``(iii) the use of facial recognition
technology with double verification of
identified faces;
``(F) the release of any recorded data collected by
a body-worn camera in accordance with the open records
laws, if any, of the State; and
``(G) making recorded data available to
prosecutors, defense attorneys, and other officers of
the court in accordance with subparagraph (E); and
``(2) conduct periodic evaluations of the security of the
storage and handling of the body-worn camera data.
``(d) Recorded Data Collection and Retention Protocol.--The
recorded data collection and retention protocol described in this
paragraph is a protocol that--
``(1) requires--
``(A) a law enforcement officer who is wearing a
body-mounted camera to provide an explanation if an
activity that is required to be recorded by the body-
mounted camera is not recorded;
``(B) a law enforcement officer who is wearing a
body-mounted camera to obtain consent to be recorded
from a crime victim or witness before interviewing the
victim or witness;
``(C) the collection of recorded data unrelated to
a legitimate law enforcement purpose be minimized to
the greatest extent practicable;
``(D) the system used to store recorded data
collected by body-worn cameras shall log all viewing,
modification, or deletion of stored recorded data and
shall prevent, to the greatest extent practicable, the
unauthorized access or disclosure of stored recorded
data;
``(E) any law enforcement officer be prohibited
from accessing the stored data without an authorized
purpose; and
``(F) the law enforcement agency to collect and
report statistical data on--
``(i) incidences of use of force,
disaggregated by race, ethnicity, gender, and
age of the victim;
``(ii) the number of complaints filed
against law enforcement officers;
``(iii) the disposition of complaints filed
against law enforcement officers;
``(iv) the number of times camera footage
is used for evidence collection in
investigations of crimes; and
``(v) any other additional statistical data
that the Director determines should be
collected and reported;
``(2) allows an individual to file a complaint with a law
enforcement agency relating to the improper use of body-worn
cameras; and
``(3) complies with any other requirements established by
the Director.
``(e) Reporting.--Statistical data required to be collected under
subsection (d)(1)(D) shall be reported to the Director, who shall--
``(1) establish a standardized reporting system for
statistical data collected under this program; and
``(2) establish a national database of statistical data
recorded under this program.
``(f) Use or Transfer of Recorded Data.--
``(1) In general.--Recorded data collected by an entity
receiving a grant under this section from a body-mounted camera
shall be used only in internal and external investigations of
misconduct by a law enforcement agency or officer, if there is
reasonable suspicion that a recording contains evidence of a
crime, or for limited training purposes. The Director shall
establish rules to ensure that the recorded data is used only
for the purposes described in this subparagraph.
``(2) Prohibition on transfer.--Except as provided in
paragraph (3), an entity receiving a grant under this section
may not transfer any recorded data collected by the entity from
a body-mounted camera to another law enforcement or
intelligence agency.
``(3) Exceptions.--
``(A) Criminal investigation.--An entity receiving
a grant under this section may transfer recorded data
collected by the entity from a body-mounted camera to
another law enforcement agency or intelligence agency
for use in a criminal investigation if the requesting
law enforcement or intelligence agency has reasonable
suspicion that the requested data contains evidence
relating to the crime being investigated.
``(B) Civil rights claims.--An entity receiving a
grant under this section may transfer recorded data
collected by the law enforcement agency from a body-
mounted camera to another law enforcement agency for
use in an investigation of any right, privilege, or
immunity secured or protected by the Constitution or
laws of the United States.
``(g) Audit and Assessment.--
``(1) In general.--Not later than 2 years after the date of
enactment of this part, the Director of the Office of Audit,
Assessment, and Management shall perform an assessment of the
use of funds under this section and the policies and protocols
of the grantees.
``(2) Reports.--Not later than September 1 of each year,
beginning 2 years after the date of enactment of this part,
each recipient of a grant under this part shall submit to the
Director of the Office of Audit, Assessment, and Management a
report that--
``(A) describes the progress of the body-worn
camera program; and
``(B) contains recommendations on ways in which the
Federal Government, States, and units of local
government can further support the implementation of
the program.
``(3) Review.--The Director of the Office of Audit,
Assessment, and Management shall evaluate the policies and
protocols of the grantees and take such steps as the Director
of the Office of Audit, Assessment, and Management determines
necessary to ensure compliance with the program.
``SEC. 3052. BODY-WORN CAMERA TRAINING TOOLKIT.
``(a) In General.--The Director shall establish and maintain a
toolkit for law enforcement agencies, academia, and other relevant
entities to provide training and technical assistance, including best
practices for implementation, model policies and procedures, and
research materials.
``(b) Mechanism.--In establishing the toolkit required to under
subsection (a), the Director may consolidate research, practices,
templates, and tools that been developed by expert and law enforcement
agencies across the country.
``SEC. 3053. STUDY.
``(a) In General.--Not later than 2 years after the date of
enactment of the `Police CAMERA Act of 2020', the Director shall
conduct a study on--
``(1) the efficacy of body-worn cameras in deterring
excessive force by law enforcement officers;
``(2) the impact of body-worn cameras on the accountability
and transparency of the use of force by law enforcement
officers;
``(3) the impact of body-worn cameras on responses to and
adjudications of complaints of excessive force;
``(4) the effect of the use of body-worn cameras on the
safety of law enforcement officers on patrol;
``(5) the effect of the use of body-worn cameras on public
safety;
``(6) the impact of body-worn cameras on evidence
collection for criminal investigations;
``(7) issues relating to the secure storage and handling of
recorded data from the body-worn cameras;
``(8) issues relating to the privacy of citizens and
officers recorded on body-worn cameras;
``(9) issues relating to the constitutional rights of
individuals on whom facial recognition technology is used;
``(10) issues relating to limitations on the use of facial
recognition technology;
``(11) issues relating to the public's access to body-worn
camera footage;
``(12) the need for proper training of law enforcement
officers that use body-worn cameras;
``(13) best practices in the development of protocols for
the safe and effective use of body-worn cameras;
``(14) a review of law enforcement agencies that found
body-worn cameras to be unhelpful in the operations of the
agencies; and
``(15) any other factors that the Director determines are
relevant in evaluating the efficacy of body-worn cameras.
``(b) Report.--Not later than 180 days after the date on which the
study required under subsection (a) is completed, the Director shall
submit to Congress a report on the study, which shall include any
policy recommendations that the Director considers appropriate.''.
TITLE IV--JUSTICE FOR VICTIMS OF LYNCHING ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Emmett Till Anti-Lynching Act''.
SEC. 402. FINDINGS.
Congress finds the following:
(1) The crime of lynching succeeded slavery as the ultimate
expression of racism in the United States following
Reconstruction.
(2) Lynching was a widely acknowledged practice in the
United States until the middle of the 20th century.
(3) Lynching was a crime that occurred throughout the
United States, with documented incidents in all but 4 States.
(4) At least 4,742 people, predominantly African Americans,
were reported lynched in the United States between 1882 and
1968.
(5) Ninety-nine percent of all perpetrators of lynching
escaped from punishment by State or local officials.
(6) Lynching prompted African Americans to form the
National Association for the Advancement of Colored People
(referred to in this section as the ``NAACP'') and prompted
members of B'nai B'rith to found the Anti-Defamation League.
(7) Mr. Walter White, as a member of the NAACP and later as
the executive secretary of the NAACP from 1931 to 1955,
meticulously investigated lynchings in the United States and
worked tirelessly to end segregation and racialized terror.
(8) Nearly 200 anti-lynching bills were introduced in
Congress during the first half of the 20th century.
(9) Between 1890 and 1952, 7 Presidents petitioned Congress
to end lynching.
(10) Between 1920 and 1940, the House of Representatives
passed 3 strong anti-lynching measures.
(11) Protection against lynching was the minimum and most
basic of Federal responsibilities, and the Senate considered
but failed to enact anti-lynching legislation despite repeated
requests by civil rights groups, Presidents, and the House of
Representatives to do so.
(12) The publication of ``Without Sanctuary: Lynching
Photography in America'' helped bring greater awareness and
proper recognition of the victims of lynching.
(13) Only by coming to terms with history can the United
States effectively champion human rights abroad.
(14) An apology offered in the spirit of true repentance
moves the United States toward reconciliation and may become
central to a new understanding, on which improved racial
relations can be forged.
(15) Having concluded that a reckoning with our own history
is the only way the country can effectively champion human
rights abroad, 90 Members of the United States Senate agreed to
Senate Resolution 39, 109th Congress, on June 13, 2005, to
apologize to the victims of lynching and the descendants of
those victims for the failure of the Senate to enact anti-
lynching legislation.
(16) The National Memorial for Peace and Justice, which
opened to the public in Montgomery, Alabama, on April 26, 2018,
is the Nation's first memorial dedicated to the legacy of
enslaved Black people, people terrorized by lynching, African
Americans humiliated by racial segregation and Jim Crow, and
people of color burdened with contemporary presumptions of
guilt and police violence.
(17) Notwithstanding the Senate's apology and the
heightened awareness and education about the Nation's legacy
with lynching, it is wholly necessary and appropriate for the
Congress to enact legislation, after 100 years of unsuccessful
legislative efforts, finally to make lynching a Federal crime.
(18) Further, it is the sense of Congress that criminal
action by a group increases the likelihood that the criminal
object of that group will be successfully attained and
decreases the probability that the individuals involved will
depart from their path of criminality. Therefore, it is
appropriate to specify criminal penalties for the crime of
lynching, or any attempt or conspiracy to commit lynching.
(19) The United States Senate agreed to unanimously Senate
Resolution 118, 115th Congress, on April 5, 2017,
``[c]ondemning hate crime and any other form of racism,
religious or ethnic bias, discrimination, incitement to
violence, or animus targeting a minority in the United States''
and taking notice specifically of Federal Bureau of
Investigation statistics demonstrating that ``among single-bias
hate crime incidents in the United States, 59.2 percent of
victims were targeted due to racial, ethnic, or ancestral bias,
and among those victims, 52.2 percent were victims of crimes
motivated by the offenders' anti-Black or anti-African American
bias''.
(20) On September 14, 2017, President Donald J. Trump
signed into law Senate Joint Resolution 49 (Public Law 115-58;
131 Stat. 1149), wherein Congress ``condemn[ed] the racist
violence and domestic terrorist attack that took place between
August 11 and August 12, 2017, in Charlottesville, Virginia''
and ``urg[ed] the President and his administration to speak out
against hate groups that espouse racism, extremism, xenophobia,
anti-Semitism, and White supremacy; and use all resources
available to the President and the President's Cabinet to
address the growing prevalence of those hate groups in the
United States''.
(21) Senate Joint Resolution 49 (Public Law 115-58; 131
Stat. 1149) specifically took notice of ``hundreds of torch-
bearing White nationalists, White supremacists, Klansmen, and
neo-Nazis [who] chanted racist, anti-Semitic, and anti-
immigrant slogans and violently engaged with counter-
demonstrators on and around the grounds of the University of
Virginia in Charlottesville'' and that these groups
``reportedly are organizing similar events in other cities in
the United States and communities everywhere are concerned
about the growing and open display of hate and violence being
perpetrated by those groups''.
(22) Lynching was a pernicious and pervasive tool that was
used to interfere with multiple aspects of life--including the
exercise of federally protected rights, as enumerated in
section 245 of title 18, United States Code, housing rights, as
enumerated in section 901 of the Civil Rights Act of 1968 (42
U.S.C. 3631), and the free exercise of religion, as enumerated
in section 247 of title 18, United States Code. Interference
with these rights was often effectuated by multiple offenders
and groups, rather than isolated individuals. Therefore,
prohibiting conspiracies to violate each of these rights
recognizes the history of lynching in the United States and
serves to prohibit its use in the future.
SEC. 403. LYNCHING.
(a) Offense.--Chapter 13 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 250. Lynching
``Whoever conspires with another person to violate section 245,
247, or 249 of this title or section 901 of the Civil Rights Act of
1968 (42 U.S.C. 3631) shall be punished in the same manner as a
completed violation of such section, except that if the maximum term of
imprisonment for such completed violation is less than 10 years, the
person may be imprisoned for not more than 10 years.''.
(b) Table of Sections Amendment.--The table of sections for chapter
13 of title 18, United States Code, is amended by inserting after the
item relating to section 249 the following:
``250. Lynching.''.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. SEVERABILITY.
If any provision of this Act, or the application of such a
provision to any person or circumstance, is held to be
unconstitutional, the remainder of this Act and the application of the
remaining provisions of this Act to any person or circumstance shall
not be affected thereby.
SEC. 502. SAVINGS CLAUSE.
Nothing in this Act shall be construed--
(1) to limit legal or administrative remedies under section
1979 of the Revised Statutes of the United States (42 U.S.C.
1983), section 210401 of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12601), title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10101 et seq.), or title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.);
(2) to affect any Federal, State, or Tribal law that
applies to an Indian Tribe because of the political status of
the Tribe; or
(3) to waive the sovereign immunity of an Indian Tribe
without the consent of the Tribe.
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