[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.
                                 <all>