[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 677 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 677

     To improve and reform policing practices, accountability and 
                             transparency.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 1, 2021

  Mr. Stauber (for himself, Mrs. Hinson, Mr. Mullin, Mr. Hudson, Mr. 
  Waltz, Mr. Stivers, Mrs. Miller of West Virginia, Mr. Lamborn, Mr. 
     Gallagher, Mr. Rice of South Carolina, Mr. Reschenthaler, Mr. 
 Balderson, Mr. Diaz-Balart, Mr. Fleischmann, Mr. Aderholt, Mr. Allen, 
 Mr. Gonzalez of Ohio, Mr. Joyce of Ohio, Mr. Katko, Mrs. Wagner, Mr. 
   Meuser, Mr. Hill, Mr. Bacon, Mr. Weber of Texas, Mr. Calvert, Mr. 
  Chabot, Mr. Wright, Mr. Austin Scott of Georgia, Mr. Wenstrup, Mr. 
Bergman, Mr. Amodei, Mr. Crawford, Mrs. Rodgers of Washington, Mr. Van 
 Drew, Mr. Bucshon, Mr. Burchett, Mr. Stewart, Ms. Stefanik, Ms. Foxx, 
Ms. Herrera Beutler, Mr. Rouzer, Mr. McCaul, Mr. Baird, Mr. Schweikert, 
Mr. Curtis, Mr. Womack, Mr. Guest, Mr. Burgess, Mr. Estes, Mr. Smith of 
 New Jersey, Mr. Hern, Mr. Kinzinger, Mr. Emmer, Miss Gonzalez-Colon, 
   Mr. Upton, Mr. Rodney Davis of Illinois, Mr. Johnson of Ohio, Mr. 
Young, Mr. Reed, Mr. Carter of Texas, and Mr. Crenshaw) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
  and in addition to the Committees on House Administration, and the 
 Budget, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
     To improve and reform policing practices, accountability and 
                             transparency.

    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 ``Just and Unifying 
Solutions To Invigorate Communities Everywhere Act of 2021'' or the 
``JUSTICE Act''.
    (b) Table of Contents.--The table of contents for this Act shall be 
as follows:

Sec. 1. Short title; table of contents.
                    TITLE I--LAW ENFORCEMENT REFORMS

Sec. 101. George Floyd and Walter Scott Notification Act.
Sec. 102. Breonna Taylor Notification Act.
Sec. 103. Guidance.
Sec. 104. Compliance assistance grants.
Sec. 105. Incentivizing banning of chokeholds.
Sec. 106. Falsifying police incident reports.
                      TITLE II--BODY-WORN CAMERAS

Sec. 201. Body-Worn Camera Partnership Grant Program.
Sec. 202. Penalties for failure to use body-worn cameras.
              TITLE III--LAW ENFORCEMENT RECORDS RETENTION

Sec. 301. Law enforcement records retention.
               TITLE IV--JUSTICE FOR VICTIMS OF LYNCHING

Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Lynching.
 TITLE V--ALTERNATIVES TO THE USE OF FORCE, DE-ESCALATION, BEHAVIORAL 
              HEALTH CRISES AND DUTY TO INTERVENE TRAINING

Sec. 501. Training on alternatives to use of force, de-escalation, and 
                            behavioral health crises.
Sec. 502. Training on duty to intervene.
           TITLE VI--NATIONAL CRIMINAL JUSTICE COMMISSION ACT

Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Establishment of Commission.
Sec. 604. Purpose of the Commission.
Sec. 605. Review, recommendations, and report.
Sec. 606. Membership.
Sec. 607. Administration.
Sec. 608. Direct appropriations.
Sec. 609. Sunset.
         TITLE VII--LAW ENFORCEMENT AGENCY HIRING AND EDUCATION

                           Subtitle A--Hiring

Sec. 701. Law enforcement agency hiring.
Sec. 702. Reauthorization of law enforcement grant programs.
                          Subtitle B--Training

Sec. 711. Definitions.
Sec. 712. Program authorized.
Sec. 713. Online education resources.
Sec. 714. National Museum of African American History and Culture 
                            Council.
Sec. 715. Engagement of eligible program participants.
Sec. 716. Annual report.
                 TITLE VIII--BEST PRACTICES AND STUDIES

Sec. 801. Best practices.
Sec. 802. Study.
Sec. 803. Mental health study.
Sec. 804. Study and proposal on improving accountability for DOJ 
                            grants.
       TITLE IX--CLOSING THE LAW ENFORCEMENT CONSENT LOOPHOLE ACT

Sec. 901. Prohibition on engaging in sexual acts while acting under 
                            color of law.
Sec. 902. Incentive for States.
Sec. 903. Reports to Congress.
                       TITLE X--EMERGENCY FUNDING

Sec. 1001. Emergency designation.

                    TITLE I--LAW ENFORCEMENT REFORMS

SEC. 101. GEORGE FLOYD AND WALTER SCOTT NOTIFICATION ACT.

    (a) Short Title.--This section may be cited as the ``George Floyd 
and Walter Scott Notification Act''.
    (b) National Use-of-Force Data Collection.--Section 501 of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
10152) is amended by adding at the end the following:
    ``(h) National Use-of-Force Data Collection.--
            ``(1) Definitions.--In this section--
                    ``(A) the term `law enforcement officer'--
                            ``(i) means any officer, agent, or employee 
                        of a State, unit of local government, or an 
                        Indian tribe authorized by law or by a 
                        government agency to engage in or supervise the 
                        prevention detection, or investigation of any 
                        violation of criminal law, or authorized by law 
                        to supervise sentenced criminal offenders; and
                            ``(ii) includes an individual described in 
                        clause (i) who is employed or volunteers in a 
                        full-time, part-time, or auxiliary capacity;
                    ``(B) the term `National Use-of-Force Data 
                Collection' means the National Use-of-Force Data 
                Collection of the Federal Bureau of Investigation; and
                    ``(C) the term `serious bodily injury' means bodily 
                injury that involves a substantial risk of death, 
                unconsciousness, extreme physical pain, protracted and 
                obvious disfigurement, or protracted loss or impairment 
                of the function of a bodily member, organ, or mental 
                faculty.
            ``(2) Reporting requirement.--For each fiscal year in which 
        a State or unit of local government receives funds under 
        subsection (a), the State or unit of local government shall 
        report to the National Use-of-Force Data Collection on an 
        annual basis and pursuant to guidelines established by the 
        Federal Bureau of Investigation, information regarding--
                    ``(A) a use-of-force event by a law enforcement 
                officer in the State or unit of local government that 
                involves--
                            ``(i) the fatality of an individual that is 
                        connected to use of force by a law enforcement 
                        officer;
                            ``(ii) the serious bodily injury of an 
                        individual that is connected to use of force by 
                        a law enforcement officer; and
                            ``(iii) in the absence of either death or 
                        serious bodily injury, when a firearm is 
                        discharged by a law enforcement officer at or 
                        in the direction of an individual;
                    ``(B) any event in which a firearm is discharged by 
                a civilian at or in the direction of a law enforcement 
                officer; and
                    ``(C) the death or serious bodily injury of a law 
                enforcement officer that results from any discharge of 
                a firearm by a civilian, or any other means, including 
                whether the law enforcement officer was killed or 
                suffered serious bodily injury as part of an ambush or 
                calculated attack.
            ``(3) Information required.--For each use-of-force event 
        required to be reported under paragraph (2), the following 
        information shall be provided, as required by the Federal 
        Bureau of Investigation:
                    ``(A) Incident information.
                    ``(B) Subject information.
                    ``(C) Officer information.
            ``(4) Compliance.--
                    ``(A) Ineligibility for funds.--
                            ``(i) First fiscal year.--
                                    ``(I) States.--For the first fiscal 
                                year beginning after the date of 
                                enactment of the George Floyd and 
                                Walter Scott Notification Act in which 
                                a State fails to comply with paragraph 
                                (2) with respect to a State law 
                                enforcement agency, the State shall be 
                                subject to a 20-percent reduction of 
                                the funds that would otherwise be 
                                allocated for retention by the State 
                                under section 505(c) for that fiscal 
                                year, and if any unit of local 
                                government within the State fails to 
                                comply with paragraph (2), the State 
                                shall be subject to a reduction of the 
                                funds allocated for retention by the 
                                State under section 505(c) that is 
                                equal to the percentage of the 
                                population of the State represented by 
                                the unit of local government, not to 
                                exceed 20 percent.
                                    ``(II) Local governments.--For the 
                                first fiscal year beginning after the 
                                date of enactment of the George Floyd 
                                and Walter Scott Notification Act in 
                                which a unit of local government fails 
                                to comply with paragraph (2), the unit 
                                of local government shall be subject to 
                                a 20-percent reduction of the funds 
                                that would otherwise be allocated to 
                                the unit of local government for that 
                                fiscal year under this subpart.
                            ``(ii) Subsequent fiscal years.--
                                    ``(I) States.--Beginning in the 
                                first fiscal year beginning after the 
                                first fiscal year described in clause 
                                (i)(I) in which a State fails to comply 
                                with paragraph (2) with respect to a 
                                State law enforcement agency, the 
                                percentage by which the funds described 
                                in clause (i)(I) are reduced shall be 
                                increased by 5 percent each fiscal year 
                                the State fails to comply with 
                                paragraph (2), except that such 
                                reduction shall not exceed 25 percent 
                                in any fiscal year.
                                    ``(II) Local governments.--
                                Beginning in the first fiscal year 
                                beginning after the first fiscal year 
                                described in clause (i)(II) in which a 
                                unit of local government fails to 
                                comply with paragraph (2), the 
                                percentage by which the funds described 
                                in clause (i)(II) are reduced shall be 
                                increased by 5 percent each fiscal year 
                                the unit of local government fails to 
                                comply with paragraph (2), except that 
                                such reduction shall not exceed 25 
                                percent in any fiscal year.
                    ``(B) Reallocation.--Amounts not allocated under a 
                program referred to in subparagraph (A) to a State or 
                unit of local government for failure to comply with 
                paragraph (2) shall be reallocated under the program to 
                States or units of local government that have complied 
                with paragraph (2).
            ``(5) Public availability of data.--Not later than 1 year 
        after the date of enactment of this Act, and each year 
        thereafter, the Director of the Federal Bureau of Investigation 
        shall publish, and make available to the public, the National 
        Use-of-Force Data Collection.
            ``(6) FBI outreach and technical assistance.--The Director 
        of the Federal Bureau of Investigation shall provide to a State 
        or unit of local government technical assistance and training 
        for the collection and submission of data in accordance with 
        this subsection.''.

SEC. 102. BREONNA TAYLOR NOTIFICATION ACT.

    (a) Short Title.--This section may be cited as the ``Breonna Taylor 
Notification Act of 2021''.
    (b) No-Knock Warrant Reports.--Section 501 of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152), 
as amended by section 101 of this Act, is amended by adding at the end 
the following:
    ``(i) No-knock Warrant Reports.--
            ``(1) Definitions.--In this subsection:
                    ``(A) 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.
                    ``(B) No-knock warrant.--The term `no-knock 
                warrant' means a warrant that authorizes a law 
                enforcement officer to enter a certain premises to 
                execute a warrant without first knocking or otherwise 
                announcing the presence of the law enforcement officer 
                if a court of competent jurisdiction finds reasonable 
                suspicion that knocking and announcing the presence of 
                law enforcement would--
                            ``(i) pose a danger to the officer, a 
                        suspect, or a third party on the premises;
                            ``(ii) inhibit the investigation; or
                            ``(iii) allow the destruction of evidence.
                    ``(C) State law enforcement agency; local law 
                enforcement agency.--The terms `State law enforcement 
                agency' and `local law enforcement agency' mean an 
                agency of a State or unit of local government, 
                respectively, that is authorized to engage in or 
                supervise the prevention, detection, investigation, or 
                prosecution of any violation of criminal law.
            ``(2) Report to attorney general.--
                    ``(A) Requirement.--
                            ``(i) In general.--Subject to clause (iii), 
                        not later than January 31 of the first calendar 
                        year beginning after the date of enactment of 
                        the Breonna Taylor Notification Act of 2021, 
                        and annually thereafter--
                                    ``(I) a State that receives funds 
                                under subsection (a) shall submit to 
                                the Attorney General a report that 
                                includes, for each no-knock warrant 
                                carried out by a State law enforcement 
                                agency of the State during the 
                                preceding calendar year, the 
                                information described in subclauses (I) 
                                through (V) of paragraph (3)(A)(i); and
                                    ``(II) a unit of local government 
                                that receives funds under subsection 
                                (a) shall submit to the Attorney 
                                General a report that includes--
                                            ``(aa) for each no-knock 
                                        warrant carried out by a local 
                                        law enforcement agency of the 
                                        unit of local government during 
                                        the preceding calendar year, 
                                        the information described in 
                                        subclauses (I) through (V) of 
                                        paragraph (3)(A)(i); and
                                            ``(bb) the crime rate data 
                                        for the unit of local 
                                        government for the preceding 
                                        calendar year.
                            ``(ii) State oversight of local 
                        governments.--A State that receives funds under 
                        subsection (a) shall ensure that each unit of 
                        local government within the State submits to 
                        the Attorney General a report that includes, in 
                        accordance with clause (i)(II) of this 
                        subparagraph--
                                    ``(I) for each no-knock warrant 
                                carried out by a local law enforcement 
                                agency of the unit of local government 
                                during the preceding calendar year, the 
                                information described in subclauses (I) 
                                through (V) of paragraph (3)(A)(i); and
                                    ``(II) the crime rate data for the 
                                unit of local government for the 
                                preceding calendar year.
                            ``(iii) Open investigations.--A State or 
                        unit of local government--
                                    ``(I) may not submit the 
                                information described in subclauses (I) 
                                through (V) of paragraph (3)(A)(i) for 
                                a no-knock warrant relating to an 
                                investigation that has not been closed 
                                as of the date on which the applicable 
                                report is due under clause (i) of this 
                                subparagraph; and
                                    ``(II) shall include any 
                                information withheld under subclause 
                                (I) in the earliest subsequent report 
                                submitted under clause (i) after the 
                                investigation has been closed.
                    ``(B) Penalty.--
                            ``(i) In general.--
                                    ``(I) First fiscal year.--
                                            ``(aa) States.--

                                                    ``(AA) Failure to 
                                                comply by state.--For 
                                                the first fiscal year 
                                                that follows a fiscal 
                                                year in which a State 
                                                failed to comply with 
                                                subparagraph (A) with 
                                                respect to a State law 
                                                enforcement agency, the 
                                                State shall be subject 
                                                to a 20-percent 
                                                reduction of the funds 
                                                that would otherwise be 
                                                allocated for retention 
                                                by the State under 
                                                section 505(c) for that 
                                                fiscal year.

                                                    ``(BB) Failure to 
                                                comply by local 
                                                government.--For the 
                                                first fiscal year that 
                                                follows a fiscal year 
                                                in which a unit of 
                                                local government within 
                                                a State failed to 
                                                comply with 
                                                subparagraph (A), the 
                                                State shall be subject 
                                                to a reduction of the 
                                                funds that would 
                                                otherwise be allocated 
                                                for retention by the 
                                                State under section 
                                                505(c) for that fiscal 
                                                year by a percentage 
                                                that is equal to the 
                                                percentage of the 
                                                population of the State 
                                                that lives in the unit 
                                                of local government, 
                                                which may not exceed 20 
                                                percent.

                                            ``(bb) Units of local 
                                        government.--For the first 
                                        fiscal year that follows a 
                                        fiscal year in which a unit of 
                                        local government failed to 
                                        comply with subparagraph (A), 
                                        the unit of local government 
                                        shall be subject to a 20-
                                        percent reduction of the funds 
                                        that would otherwise be 
                                        allocated to the unit of local 
                                        government under this subpart 
                                        for that fiscal year.
                                    ``(II) Subsequent fiscal years.--
                                            ``(aa) States.--Beginning 
                                        in the first fiscal year 
                                        beginning after the first 
                                        fiscal year described in 
                                        subclause (I)(aa)(AA) in which 
                                        a State fails to comply with 
                                        subparagraph (A) with respect 
                                        to a State law enforcement 
                                        agency, the percentage by which 
                                        the funds described in 
                                        subclause (I)(aa)(AA) are 
                                        reduced shall be increased by 5 
                                        percent each fiscal year the 
                                        State fails to comply with 
                                        subparagraph (A) with respect 
                                        to a State law enforcement 
                                        agency, except that such 
                                        reduction shall not exceed 25 
                                        percent in any fiscal year.
                                            ``(bb) Local governments.--
                                        Beginning in the first fiscal 
                                        year beginning after the first 
                                        fiscal year described in 
                                        subclause (I)(bb) in which a 
                                        unit of local government fails 
                                        to comply with subparagraph 
                                        (A), the percentage by which 
                                        the funds described in 
                                        subclause (I)(bb) are reduced 
                                        shall be increased by 5 percent 
                                        each fiscal year the unit of 
                                        local government fails to 
                                        comply with subparagraph (A), 
                                        except that such reduction 
                                        shall not exceed 25 percent in 
                                        any fiscal year.
                            ``(ii) Reallocation.--Amounts not allocated 
                        by reason of clause (i) to a State or unit of 
                        local government for failure to comply with 
                        subparagraph (A) shall be reallocated to States 
                        or units of local government, respectively, 
                        that have complied with subparagraph (A).
                            ``(iii) Effective date.--Clause (i) shall 
                        take effect with respect to the third annual 
                        report due under subparagraph (A) after the 
                        date of enactment of the Breonna Taylor 
                        Notification Act of 2021.
            ``(3) Attorney general report.--
                    ``(A) In general.--Subject to subparagraph (B), not 
                later than March 31 of the first calendar year 
                beginning after the date of enactment of the Breonna 
                Taylor Notification Act of 2021, and annually 
                thereafter, the Attorney General shall publish a report 
                that includes--
                            ``(i) for each no-knock warrant carried out 
                        by a Federal law enforcement agency, State law 
                        enforcement agency, or local law enforcement 
                        agency during the preceding calendar year--
                                    ``(I) the reason for which the 
                                warrant was issued, including each 
                                violation of law listed on the warrant;
                                    ``(II) whether, in the course of 
                                carrying out the warrant--
                                            ``(aa) force resulting in 
                                        property damage, serious bodily 
                                        injury, or death was used; or
                                            ``(bb) any law enforcement 
                                        officer, suspect, or bystander 
                                        was injured or killed;
                                    ``(III) the sex, race, ethnicity, 
                                and age of each person found at the 
                                location for which the no-knock warrant 
                                was issued;
                                    ``(IV) whether the location 
                                searched matched the location described 
                                in the warrant; and
                                    ``(V) whether the warrant included 
                                the particularized information required 
                                under the Fourth Amendment to the 
                                Constitution of the United States, as 
                                interpreted by the Supreme Court of the 
                                United States, and any other applicable 
                                Federal, State, or local law related to 
                                the use of no-knock warrants; and
                            ``(ii) for each local law enforcement 
                        agency for which information is submitted under 
                        clause (i) for a calendar year, the crime rate 
                        data for the applicable unit of local 
                        government for that calendar year.
                    ``(B) Open investigations.--The Attorney General--
                            ``(i) may not publish any information 
                        described in subparagraph (A) for a no-knock 
                        warrant relating to an investigation that has 
                        not been closed as of the date on which the 
                        applicable report is due under that paragraph; 
                        and
                            ``(ii) shall include any information 
                        withheld under clause (i) in the earliest 
                        subsequent report published under subparagraph 
                        (A) after the investigation has been closed.''.

SEC. 103. GUIDANCE.

    (a) In General.--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 and State and local law 
enforcement agencies, shall issue guidance on best practices relating 
to establishing standard data collection systems that capture the 
information required to be reported under subsections (h) and (i) of 
section 501 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (34 U.S.C. 10152), as added by sections 101 and 102 of this 
Act, respectively, and that ensure the reporting under such subsections 
(h) and (i) is consistent with data reported under the Death in Custody 
Reporting Act of 2013 (34 U.S.C. 60105 et seq.), section 20104(a)(2) of 
the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 
12104(a)(2)), which shall include standard and consistent definitions 
for terms, including the term ``use of force''.
    (b) Privacy Protections.--Nothing in section 101 or 102 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. 104. COMPLIANCE ASSISTANCE GRANTS.

    (a) In General.--The Attorney General may award grants to States 
and units of local government to assist in the collection of the 
information required to be reported under subsections (h) and (i) of 
section 501 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (34 U.S.C. 10152), as added by sections 101 and 102 of this 
Act, respectively.
    (b) Application.--A State or unit of local government seeking a 
grant under this section shall submit an application at such time, in 
such manner, and containing such information as the Attorney General 
may require.
    (c) Amount of Grant.--Each grant awarded under this section shall 
be not more than $1,000,000.
    (d) Direct Appropriations.--For the purpose of making grants under 
this section, there is authorized to be appropriated, and there is 
appropriated, out of any money in the Treasury not otherwise 
appropriated for the fiscal year ending September 30, 2021, 
$112,000,000, to remain available until expended.

SEC. 105. INCENTIVIZING BANNING OF CHOKEHOLDS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) chokeholds are extremely dangerous maneuvers that can 
        easily result in serious bodily injury or death;
            (2) George Floyd's death has become a flashpoint to compel 
        the need to address the use of chokeholds by law enforcement 
        officers across the United States;
            (3) the National Consensus Policy on Use of Force, a 
        collaborative effort among 11 of the most significant law 
        enforcement leadership and labor organizations in the United 
        States, concluded in a discussion paper on the use of force 
        that chokeholds are extremely dangerous and recommended 
        restricting their use, consistent with this section; and
            (4) law enforcement agencies throughout the United States 
        must create policies that guard against the use of this 
        maneuver to help prevent the death of civilians whom they 
        encounter, and engender more trust and faith among law 
        enforcement officers and the communities they serve.
    (b) Incentivizing Banning of Chokeholds.--
            (1) COPS grant program eligibility.--Section 1701 of title 
        I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 
        U.S.C. 10381), as amended by section 501 of this Act, is 
        amended by adding at the end the following:
    ``(o) Banning of Chokeholds.--
            ``(1) Chokehold defined.--In this subsection, the term 
        `chokehold' means a physical maneuver that restricts an 
        individual's ability to breathe for the purposes of 
        incapacitation.
            ``(2) Limitation on eligibility for funds.--Beginning in 
        the first fiscal year beginning after the date of enactment of 
        the JUSTICE Act, a State or unit of local government may not 
        receive funds under this section for a fiscal year if, on the 
        day before the first day of the fiscal year, the State or unit 
        of local government does not have an agency-wide policy in 
        place for each law enforcement agency of the State or unit of 
        local government that prohibits the use of chokeholds except 
        when deadly force is authorized.''.
            (2) Byrne grant program eligibility.--Section 501 of title 
        I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 
        U.S.C. 10152), as amended by section 102 of this Act, is 
        amended by adding at the end the following:
    ``(j) Banning of Chokeholds.--
            ``(1) Chokehold defined.--In this subsection, the term 
        `chokehold' means a physical maneuver that restricts an 
        individual's ability to breathe for the purposes of 
        incapacitation.
            ``(2) Limitation on eligibility for funds.--Beginning in 
        the first fiscal year beginning after the date of enactment of 
        the JUSTICE Act, a State or unit of local government may not 
        receive funds under this part for a fiscal year if, on the day 
        before the first day of the fiscal year, the State or unit of 
        local government does not have an agency-wide policy in place 
        for each law enforcement agency of the State or unit of local 
        government that prohibits the use of chokeholds except when 
        deadly force is authorized.''.
    (c) Federal Law Enforcement Agencies.--
            (1) Definition.--In this subsection, the term ``chokehold'' 
        means a physical maneuver that restricts an individual's 
        ability to breathe for the purposes of incapacitation.
            (2) Federal policy.--The Attorney General shall develop a 
        policy for Federal law enforcement agencies that bans the use 
        of chokeholds except when deadly force is authorized.
            (3) Requirement.--The head of each Federal law enforcement 
        agency shall implement the policy developed under paragraph 
        (2).

SEC. 106. FALSIFYING POLICE INCIDENT REPORTS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) when a law enforcement officer commits an offense that 
        deprives a citizen of their rights, privileges, and immunities 
        protected under the Constitution and laws of the United States, 
        that behavior is penalized to punish those involved and to 
        deter future conduct;
            (2) where serious bodily injury or death results from the 
        acts described in paragraph (1), punishment must be severe;
            (3) a law enforcement officer who intentionally submits a 
        false police report in connection with an act described in 
        paragraph (1) should also be punished severely;
            (4) false reporting described in paragraph (3) not only 
        serves to conceal potential criminal conduct and obstruct the 
        administration of justice, false reporting also undermines the 
        trust and confidence that communities place in law enforcement 
        agencies;
            (5) obstruction of justice is intolerable in any form, 
        particularly in the form described in this subsection;
            (6) the deterioration of trust and confidence between law 
        enforcement agencies and communities must be abated; and
            (7) severe penalties must be imposed for individuals who 
        create false police reports in connection with criminal civil 
        rights violations resulting in serious bodily injury or death.
    (b) Offense.--Chapter 47 of title 18, United States Code, is 
amended by adding at the end the following:

``SEC. 1041. FALSE REPORTING.

    ``(a) Offense.--It shall be unlawful for any person to knowingly 
and willfully falsify a police report in a material way with the intent 
to falsify, conceal, or cover up a material fact, in furtherance of the 
deprivation of any rights, privileges, or immunities secured or 
protected by the Constitution or laws of the United States where death 
or serious bodily injury (as defined in section 1365) occurs.
    ``(b) Penalty.--Any person who violates subsection (a) shall be 
fined under this title, imprisoned for not more than 20 years, or 
both.''.
    (c) Technical and Conforming Amendment.--The table of sections for 
chapter 47 of title 18, United States Code, is amended by inserting 
after the item relating to section 1040 the following:

``1041. False reporting.''.
    (d) Sentencing Enhancement for Falsification of Police Reports.--
Pursuant to its authority under section 994 of title 28, United States 
Code, the United States Sentencing Commission shall review and amend 
the Federal sentencing guidelines to ensure that the guidelines provide 
an additional penalty increase of not fewer than 4 offense levels if 
the defendant knowingly and willfully falsifies a report in a material 
way with the intent to falsify, conceal, or cover up a material fact, 
in furtherance of the deprivation of any rights, privileges, or 
immunities secured or protected by the Constitution or laws of the 
United States where death or serious bodily injury occurs.

                      TITLE II--BODY-WORN CAMERAS

SEC. 201. BODY-WORN CAMERA PARTNERSHIP GRANT PROGRAM.

     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.) is amended by adding 
at the end the following:

``SEC. 509. BODY-WORN CAMERA PARTNERSHIP GRANT PROGRAM.

    ``(a) Definitions.--In this section--
            ``(1) the term `covered government' means a State, unit of 
        local government, or Indian Tribe;
            ``(2) the term `Director' means the Director of the Bureau 
        of Justice Assistance; and
            ``(3) the term `unit of local government', notwithstanding 
        section 901, does not include an Indian Tribe.
    ``(b) Authorization of Grants.--The Director may make grants to 
eligible covered governments for use by the covered government for--
            ``(1) the purchase of body-worn cameras;
            ``(2) necessary initial supportive technological 
        infrastructure for body-worn cameras for law enforcement 
        officers in the jurisdiction of the grantee;
            ``(3) the development of policies and procedures relating 
        to the use of body-worn cameras;
            ``(4) training on the use of body-worn cameras;
            ``(5) the storage, retention, viewing, auditing, and 
        release of footage from body-worn cameras; and
            ``(6) personnel, including law enforcement, prosecution, 
        and criminal defense personnel, to support the administration 
        of the body-worn camera program of the covered government.
    ``(c) Eligibility.--
            ``(1) Application.--For a covered government to be eligible 
        to receive a grant under this section, the chief executive 
        officer of the covered government shall submit to the Director 
        an application in such form and containing such information as 
        the Director may require.
            ``(2) Policies and procedures assurances.--The application 
        under paragraph (1) shall, as required by the Director, provide 
        assurances that the covered government will establish policies 
        and procedures in accordance with subsection (d).
    ``(d) Required Policies and Procedures.--
            ``(1) In general.--A covered government receiving a grant 
        under this section shall develop policies and procedures 
        related to the use of body-worn cameras that--
                    ``(A) are developed with community input, including 
                from prosecutors and organizations representing crime 
                victims, in accordance with recognized best practices;
                    ``(B) require that a body-worn camera be activated 
                when a law enforcement officer arrests or detains any 
                person in the course of the official duties of the 
                officer, with consideration to sensitive cases;
                    ``(C) apply discipline to any law enforcement 
                officer who intentionally fails to ensure that a body-
                worn camera is engaged, functional, and properly 
                secured at all times during which the camera is 
                required to be worn;
                    ``(D) require training for--
                            ``(i) the proper use of body-worn cameras; 
                        and
                            ``(ii) the handling and use of the obtained 
                        video and audio recordings;
                    ``(E) provide clear standards for privacy, data 
                retention, and use for evidentiary purposes in a 
                criminal proceeding, including in the case of an 
                assault on a law enforcement officer; and
                    ``(F) make footage available to the public in 
                response to a valid request under an applicable freedom 
                of information law if the footage can be made 
                available--
                            ``(i) without compromising an ongoing 
                        investigation or revealing the identity of 
                        third parties, including victims, informants, 
                        or witnesses; and
                            ``(ii) with consideration given to the 
                        rights of victims and surviving family members.
            ``(2) Publication.--A covered government receiving a grant 
        under this section shall make all policies and procedures 
        regarding body-worn cameras available on a public website.
            ``(3) Guidance.--The Director shall issue guidance to 
        covered governments related to the requirements under paragraph 
        (1).
    ``(e) Grant Amounts.--
            ``(1) Minimum amount.--
                    ``(A) In general.--Each fiscal year, unless the 
                Director has awarded a fully funded grant for each 
                eligible application submitted by a State and any units 
                of local government within the State under this section 
                for the fiscal year, the Director shall allocate to the 
                State and units of local government within the State 
                for grants under this section an aggregate amount that 
                is not less than 0.5 percent of the total amount 
                appropriated for the fiscal year for grants under this 
                section.
                    ``(B) Certain territories.--For purposes of the 
                Virgin Islands, American Samoa, Guam, and the Northern 
                Mariana Islands, subparagraph (A) shall be applied by 
                substituting `0.25 percent' for `0.5 percent'.
            ``(2) Maximum amount.--
                    ``(A) Amount per covered government.--A covered 
                government may not receive a grant under this section 
                for a fiscal year in an amount that is greater than 5 
                percent of the total amount appropriated for grants 
                under this section for the fiscal year.
                    ``(B) Aggregate amount per state.--A State and each 
                covered government within the State may not receive 
                grants under this section for a fiscal year in an 
                aggregate amount that is more than 20 percent of the 
                total amount appropriated for grants under this section 
                for the fiscal year.
    ``(f) Matching Funds.--The portion of the costs of a body-worn 
camera program provided by a grant under this section--
            ``(1) may not exceed 50 percent; and
            ``(2) subject to subsection (e)(2), shall equal 50 percent 
        if the grant is to a unit of local government with fewer than 
        100,000 residents.
    ``(g) Supplement, Not Supplant.--Funds made available under this 
section shall not be used to supplant covered government funds, but 
shall be used to increase the amount of funds that would, in the 
absence of Federal funds, be made available from covered government 
sources for the purposes of this section.
    ``(h) Reports to the Director.--A covered government that receives 
a grant under this section shall submit to the Director, for each year 
in which funds from a grant received under this section are expended, a 
report at such time and in such manner as the Director may reasonably 
require, that contains--
            ``(1) a summary of the activities carried out under the 
        grant and an assessment of whether the activities are meeting 
        the needs identified in the grant application; and
            ``(2) such other information as the Director may require.
    ``(i) Reports to Congress.--Not later than 90 days after the end of 
a fiscal year for which grants are made under this section, the 
Director shall submit to Congress a report that includes--
            ``(1) the aggregate amount of grants made under this 
        section to each covered government for the fiscal year;
            ``(2) a summary of the information provided by covered 
        governments receiving grants under this section; and
            ``(3) a description of the priorities and plan for awarding 
        grants among eligible covered governments, and how the plan 
        will ensure the effective use of body-worn cameras to protect 
        public safety.
    ``(j) Direct Appropriations.--For the purpose of making grants 
under this section there is authorized to be appropriated, and there is 
appropriated, out of amounts in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2021, 
$500,000,000, to remain available until expended.''.

SEC. 202. PENALTIES FOR FAILURE TO USE BODY-WORN CAMERAS.

    (a) Definition.--In this section, the term ``covered provision'' 
means--
            (1) section 509 of title I of the Omnibus Crime Control and 
        Safe Streets Act of 1968, as added by section 201; and
            (2) any other provision of law that makes funds available 
        for the purchase of body-worn cameras.
    (b) Requirement.--
            (1) States.--A State that receives funds under a covered 
        provision shall--
                    (A) have a policy in place to apply discipline to 
                any law enforcement officer who intentionally fails to 
                ensure that a body-worn camera purchased using those 
                funds is engaged, functional, and properly secured at 
                all times during which the camera is required to be 
                worn; and
                    (B) ensure that any entity to which the State 
                awards a subgrant under the covered provision has a 
                policy in place to apply discipline to any law 
                enforcement officer who intentionally fails to ensure 
                that a body-worn camera purchased using those funds is 
                engaged, functional, and properly secured at all times 
                during which the camera is required to be worn.
            (2) Other entities.--An entity other than a State that 
        receives funds under a covered provision shall have a policy in 
        place to apply discipline to any law enforcement officer who 
        intentionally fails to ensure that a body-worn camera purchased 
        using those funds is engaged, functional, and properly secured 
        at all times during which the camera is required to be worn.
    (c) Compliance.--
            (1) Ineligibility for funds.--
                    (A) First fiscal year.--
                            (i) States.--For the first fiscal year 
                        beginning after the date of enactment of this 
                        Act in which a State fails to comply with 
                        subsection (b)(1), the State shall be subject 
                        to a 20-percent reduction of the funds that 
                        would otherwise be provided to the State under 
                        the applicable covered provision for that 
                        fiscal year.
                            (ii) Other entities.--For the first fiscal 
                        year beginning after the date of enactment of 
                        this Act in which an entity other than a State 
                        fails to comply with subsection (b)(2), the 
                        entity shall be subject to a 20-percent 
                        reduction of the funds that would otherwise be 
                        allocated to the entity under the applicable 
                        covered provision for that fiscal year.
                    (B) Subsequent fiscal years.--
                            (i) States.--Beginning in the first fiscal 
                        year beginning after the first fiscal year 
                        described in subparagraph (A)(i) in which a 
                        State fails to comply with subsection (b), the 
                        percentage by which the funds described in 
                        subparagraph (A)(i) are reduced shall be 
                        increased by 5 percent each fiscal year the 
                        State fails to comply with subsection (b), 
                        except that such reduction shall not exceed 25 
                        percent in any fiscal year.
                            (ii) Other entities.--Beginning in the 
                        first fiscal year beginning after the first 
                        fiscal year described in subparagraph (A)(i) in 
                        which a an entity other than a State fails to 
                        comply with subsection (b), the percentage by 
                        which the funds described in subparagraph 
                        (A)(ii) are reduced shall be increased by 5 
                        percent each fiscal year the entity fails to 
                        comply with subsection (b), except that such 
                        reduction shall not exceed 25 percent in any 
                        fiscal year.
            (2) Reallocation.--Amounts not allocated under covered 
        provision to a State or other entity for failure to comply with 
        subsection (b) shall be reallocated under the covered provision 
        to States or other entities that have complied with subsection 
        (b).

              TITLE III--LAW ENFORCEMENT RECORDS RETENTION

SEC. 301. LAW ENFORCEMENT RECORDS RETENTION.

    (a) In General.-- Part E of title I of the Omnibus Crime Control 
and Safe Streets Acts of 1968 (34 U.S.C. 10151 et seq.) is amended by 
adding at the end the following:

             ``Subpart 4--Law Enforcement Records Retention

``SEC. 531. LAW ENFORCEMENT RECORDS RETENTION.

    ``(a) Definitions.--In this section--
            ``(1) the term `applicable covered system', with respect to 
        a law enforcement agency, means the covered system of the 
        covered government of which the law enforcement agency is part;
            ``(2) the term `covered government' means a State or unit 
        of local government;
            ``(3) the term `covered system' means a system maintained 
        by a covered government under subsection (b); and
            ``(4) the term `disciplinary record'--
                    ``(A) means any written document regarding an 
                allegation of misconduct by a law enforcement officer 
                that--
                            ``(i) is substantiated and is adjudicated 
                        by a government agency or court; and
                            ``(ii) results in--
                                    ``(I) adverse action by the 
                                employing law enforcement agency; or
                                    ``(II) criminal charges; and
                    ``(B) does not include a written document regarding 
                an allegation described in subparagraph (A) if the 
                adjudication described in clause (i) of that 
                subparagraph has been overturned on appeal.
    ``(b) Records Retention Requirements.--
            ``(1) Records retention system.--A covered government that 
        receives funds under this part shall maintain a system for 
        sharing disciplinary records of law enforcement officers that 
        meets the requirements under paragraph (2).
            ``(2) Requirements.--In administering a covered system, a 
        covered government shall--
                    ``(A) retain each disciplinary record or internal 
                investigation record regarding a law enforcement 
                officer that is prepared by a law enforcement agency of 
                the covered government;
                    ``(B) retain a record of each award or commendation 
                regarding a law enforcement officer that is prepared by 
                a law enforcement agency of the covered government;
                    ``(C) establish a policy that ensures that each 
                record included in the covered system is retained and 
                accessible for not less than 30 years;
                    ``(D) allow a law enforcement officer, counsel for 
                a law enforcement officer, or the representative 
                organization of a law enforcement officer to--
                            ``(i) submit information to the covered 
                        system relating to a disciplinary record or 
                        internal investigation record regarding the law 
                        enforcement officer that is retained under 
                        subparagraph (A); or
                            ``(ii) obtain access to the covered system 
                        in order to review a disciplinary record or 
                        internal investigation record described in 
                        clause (i);
                    ``(E) allow any Federal, State, or local law 
                enforcement agency to access any record included in the 
                covered system for the purpose of making a decision to 
                hire a law enforcement officer;
                    ``(F) require that, before hiring a law enforcement 
                officer, a representative of a law enforcement agency 
                of the covered government with hiring authority--
                            ``(i) search the applicable covered system 
                        of each law enforcement agency that has 
                        employed the applicant as a law enforcement 
                        officer in order to determine whether the 
                        applicant has a disciplinary record, internal 
                        investigation record, or record of an award or 
                        commendation on file; and
                            ``(ii) if a record described in clause (i) 
                        exists, review the record in full before hiring 
                        the law enforcement officer; and
                    ``(G) prohibit access to the covered system by any 
                individual other than an individual who is authorized 
                to access the covered system for purposes of--
                            ``(i) submitting records or other 
                        information to the covered system as described 
                        in subparagraphs (A), (B), and (D); or
                            ``(ii) reviewing records or other 
                        information in the covered system as described 
                        in subparagraphs (E) and (F).
    ``(c) Ineligibility for Funds.--
            ``(1) In general.--A covered government may not receive 
        funds under section 505, 506, 515, or 516 unless the covered 
        government is in compliance with subsection (b) of this 
        section.
            ``(2) Reallocation.--Amounts not allocated under a section 
        referred to in paragraph (1) to a covered government for 
        failure to comply with subsection (b) shall be reallocated 
        under that section to covered governments that have complied 
        with subsection (b).
    ``(d) One-Time Grant.--
            ``(1) In general.--The Attorney General shall award a grant 
        to each State, using an apportionment formula that reflects the 
        differences between each State, to be used by the State and 
        units of local government within the State to establish covered 
        systems.
            ``(2) Amount.--The amount of a grant awarded to a State 
        under paragraph (1) shall be not less than $1,000,000.
            ``(3) Direct appropriations.--For the purpose of making 
        grants under this subsection, there is authorized to be 
        appropriated, and there is appropriated, out of any money in 
        the Treasury not otherwise appropriated, $100,000,000, to 
        remain available until expended.
    ``(e) Indemnification.--
            ``(1) In general.--The United States shall indemnify and 
        hold harmless a covered government, and any law enforcement 
        agency thereof, against any claim (including reasonable 
        expenses of litigation or settlement) by any person or entity 
        related to--
                    ``(A) the retention of records in a covered system 
                as required under subsection (b); or
                    ``(B) the review of records included in a covered 
                system as required under subsection (b).
            ``(2) Limitation.--Paragraph (1) shall not apply to the 
        release of a record--
                    ``(A) to a non-law enforcement entity or 
                individual; or
                    ``(B) for a purpose other than making a decision to 
                hire a law enforcement officer.''.
    (b) Effective Date.--Section 531(c) of title I of the Omnibus Crime 
Control and Safe Streets Acts of 1968, as added by subsection (a), 
shall take effect on October 1 of the first fiscal year beginning after 
the date of enactment of this Act.

               TITLE IV--JUSTICE FOR VICTIMS OF LYNCHING

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Justice for Victims of Lynching 
Act of 2021''.

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--ALTERNATIVES TO THE USE OF FORCE, DE-ESCALATION, BEHAVIORAL 
              HEALTH CRISES AND DUTY TO INTERVENE TRAINING

SEC. 501. TRAINING ON ALTERNATIVES TO USE OF FORCE, DE-ESCALATION, AND 
              BEHAVIORAL HEALTH CRISES.

    (a) Definitions.--Section 901(a) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 U.S.C. 10251(a)) is amended--
            (1) in paragraph (27), by striking ``and'' at the end;
            (2) in paragraph (28), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(29) the term `de-escalation' means taking action or 
        communicating verbally or non-verbally during a potential force 
        encounter in an attempt to stabilize the situation and reduce 
        the immediacy of the threat so that more time, options, and 
        resources can be called upon to resolve the situation without 
        the use of force or with a reduction in the force necessary; 
        and
            ``(30) the term `behavioral health crisis' means a 
        situation in which the behavior of a person puts the person at 
        risk of hurting himself or herself or others or prevents the 
        person from being able to care for himself or herself or 
        function effectively in the community, including a situation in 
        which a person is under the influence of a drug or alcohol, is 
        suicidal, or experiences symptoms of a mental illness.''.
    (b) COPS Program.--Section 1701 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 U.S.C. 10381) is amended by 
adding at the end the following:
    ``(n) Training in Alternatives to Use of Force, De-Escalation 
Techniques, and Behavioral Health Crises.--
            ``(1) Training curricula.--The Attorney General, in 
        consultation with relevant law enforcement agencies of States 
        and units of local government, labor organizations, 
        professional law enforcement organizations, and mental health 
        organizations, shall develop training curricula in--
                    ``(A) alternatives to use of force and de-
                escalation tactics; and
                    ``(B) safely responding to a person experiencing a 
                behavioral health crisis, including techniques and 
                strategies that are designed to protect the safety of 
                the person experiencing the behavioral health crisis, 
                law enforcement officers, and the public.
            ``(2) Certified programs.--The Attorney General shall 
        establish a process to certify public and private entities that 
        offer courses in alternatives to use of force, de-escalation 
        tactics, and techniques and strategies for responding to a 
        behavioral health crisis using the training curricula 
        established under paragraph (1) or equivalents to the training 
        curricula established under paragraph (1).
            ``(3) Transitional regional training programs for state and 
        local agency personnel.--Until the end of fiscal year 2023, the 
        Attorney General shall, and thereafter may, provide regional 
        training to equip and certify personnel from law enforcement 
        agencies of States and units of local government in a State to 
        conduct training using the training curricula established under 
        paragraph (1).
            ``(4) List.--The Attorney General shall publish a list of 
        law enforcement agencies of States and units of local 
        government that employ officers who have successfully completed 
        a course described under paragraph (2) or (3), which shall 
        include--
                    ``(A) the total number of law enforcement officers 
                employed by the agency;
                    ``(B) the number of officers who have completed the 
                course; and
                    ``(C) whether personnel from the law enforcement 
                agency are certified to conduct training.
            ``(5) Direct appropriations.--For the purpose of making 
        grants under this subsection there is authorized to be 
        appropriated, and there is appropriated, out of amounts in the 
        Treasury not otherwise appropriated, for the fiscal year ending 
        September 30, 2021, $100,000,000, to remain available until 
        expended.''.
    (c) Byrne JAG Program.--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.) is amended--
            (1) by redesignating section 508 as section 511; and
            (2) by inserting after section 507 the following:

``SEC. 508. LAW ENFORCEMENT TRAINING PROGRAMS.

    ``(a) Definitions.--In this section--
            ``(1) the term `approved course in alternatives to use of 
        force, de-escalation tactics, or techniques and strategies for 
        responding to a behavioral health crisis' means a course using 
        the training curricula established under section 1701(n)(1) or 
        equivalents to such training curricula--
                    ``(A) provided by the Attorney General under 
                section 1701(n)(3); or
                    ``(B) provided by a certified entity; and
            ``(2) the term `certified entity' means a public or private 
        entity that has been certified by the Attorney General under 
        section 1701(n)(2).
    ``(b) Authority.--The Attorney General shall, from amounts made 
available for this purpose under subsection (e), make grants to States 
for use by the State or a unit of government located in the State to--
            ``(1) pay for costs associated with conducting the training 
        and for attendance by law enforcement personnel at an approved 
        course in alternatives to use of force, de-escalation tactics, 
        or techniques and strategies for responding to a behavioral 
        health crisis; and
            ``(2) procure training in alternatives to use of force, de-
        escalation tactics, or techniques and strategies for responding 
        to a behavioral health crisis from a certified entity.
    ``(c) Allocation of Funds.--
            ``(1) In general.--Of the total amount appropriated to 
        carry out this section for a fiscal year, the Attorney General 
        shall allocate funds to each State in proportion to the total 
        number of law enforcement officers in the State as compared to 
        the total number of law enforcement officers in the United 
        States.
            ``(2) Training for state law enforcement officers.--Each 
        State may retain from the total amount of funds provided to the 
        State for the purposes described in this section an amount that 
        is not more than the amount that bears the same ratio to the 
        total amount of funds as the ratio of--
                    ``(A) the total number of law enforcement officers 
                employed by the State; to
                    ``(B) the total number of law enforcement officers 
                employed by the State and units of local government 
                within the State.
            ``(3) Training for local law enforcement officers.--A State 
        shall make available to units of local government in the State 
        for the purposes described in this section the amounts 
        remaining after a State retains funds under paragraph (2). At 
        the request of a unit of local government, the State may use an 
        amount of the funds allocated to the unit of local government 
        under this paragraph to facilitate training in alternatives to 
        use of force, de-escalation tactics, or techniques and 
        strategies for responding to a behavioral health crisis to law 
        enforcement officers employed by the unit of local government.
    ``(d) Reporting.--
            ``(1) Units of local government.--Any unit of local 
        government that receives funds from a State under subsection 
        (c)(3) shall submit to the State a report indicating--
                    ``(A) the number of law enforcement officers that 
                have completed training described in this section;
                    ``(B) the total number of law enforcement officers 
                employed by the unit of local government; and
                    ``(C) any barriers to providing the training.
            ``(2) States.--Any State that receives funds under 
        subsection (c)(2) shall, after receiving the reports described 
        in paragraph (1), submit to the Attorney General--
                    ``(A) such reports; and
                    ``(B) a report by the State indicating--
                            ``(i) the number of law enforcement 
                        officers employed by the State that have 
                        completed training described in this section;
                            ``(ii) the total number of law enforcement 
                        officers employed by the State; and
                            ``(iii) any barriers to providing the 
                        training.
    ``(e) Direct Appropriations.--For the purpose of making grants 
under this section there is authorized to be appropriated, and there is 
appropriated, out of amounts in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2021, 
$250,000,000, to remain available until expended.''.

SEC. 502. TRAINING ON DUTY TO INTERVENE.

    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.), as amended by 
section 201, is amended by adding at the end the following:

``SEC. 510. TRAINING ON DUTY TO INTERVENE.

    ``(a) Training Program.--
            ``(1) In general.--The Attorney General, in consultation 
        with relevant law enforcement agencies of States and units of 
        local governments and organizations representing rank and file 
        law enforcement officers, shall develop a training curriculum 
        for law enforcement agencies and officers on the development, 
        implementation, fulfillment, and enforcement of a duty of a law 
        enforcement officer to intervene when another law enforcement 
        officer is engaged in excessive use of force.
            ``(2) Certified programs.--The Attorney General shall 
        establish a process to certify public and private entities that 
        offer courses on the duty to intervene that are equivalent to 
        the training curriculum established under paragraph (1).
            ``(3) Transitional regional training programs.--Until the 
        end of fiscal year 2023, the Attorney General shall provide 
        regional training workshops for law enforcement officers of 
        States and units of local government, using the training 
        curriculum established under paragraph (1).
            ``(4) List.--The Attorney General shall publish a list of 
        law enforcement agencies of States and units of local 
        government that employ officers who have successfully completed 
        a course described under paragraph (2) or (3), which shall 
        include the total number of law enforcement officers employed 
        by the agency and the number of officers who have completed the 
        course.
    ``(b) Grant Program.--
            ``(1) Authorization.--The Attorney General may make grants 
        to State and local law enforcement agencies to--
                    ``(A) pay for costs associated with attendance by 
                law enforcement personnel at a training course approved 
                by the Attorney General under paragraph (2) or (3) of 
                subsection (a); and
                    ``(B) procure training in the duty to intervene 
                from a public or private entity certified under 
                subsection (a)(2).
            ``(2) Application.--Each State or local law enforcement 
        agency seeking a grant under this subsection shall submit an 
        application to the Attorney General at such time, in such 
        manner, and containing such information as the Attorney General 
        may require.
    ``(c) Direct Appropriations.--For the purpose of making grants 
under this section, there is authorized to be appropriated, and there 
is appropriated, out of amounts in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2021, 
$500,000,000, to remain available until expended.''.

           TITLE VI--NATIONAL CRIMINAL JUSTICE COMMISSION ACT

SEC. 601. SHORT TITLE.

    This title may be cited as the ``National Criminal Justice 
Commission Act of 2021''.

SEC. 602. FINDINGS.

    Congress finds that--
            (1) it is in the interest of the United States to establish 
        a commission to undertake a comprehensive review of the 
        criminal justice system;
            (2) there has not been a comprehensive study since the 
        President's Commission on Law Enforcement and Administration of 
        Justice was established in 1965;
            (3) in a span of 18 months, the President's Commission on 
        Law Enforcement and Administration of Justice produced a 
        comprehensive report entitled ``The Challenge of Crime in a 
        Free Society'', which contained 200 specific recommendations on 
        all aspects of the criminal justice system involving--
                    (A) Federal, State, Tribal, and local governments;
                    (B) civic organizations;
                    (C) religious institutions;
                    (D) business groups; and
                    (E) individual citizens; and
            (4) developments over the intervening 50 years require once 
        again that Federal, State, Tribal, and local governments, law 
        enforcement agencies, including rank and file officers, civil 
        rights organizations, community-based organization leaders, 
        civic organizations, religious institutions, business groups, 
        and individual citizens come together to review evidence and 
        consider how to improve the criminal justice system.

SEC. 603. ESTABLISHMENT OF COMMISSION.

    There is established a commission to be known as the ``National 
Criminal Justice Commission'' (referred to in this title as the 
``Commission'').

SEC. 604. PURPOSE OF THE COMMISSION.

    The Commission shall--
            (1) undertake a comprehensive review of the criminal 
        justice system;
            (2) submit to the President and Congress recommendations 
        for Federal criminal justice reform; and
            (3) disseminate findings and supplemental guidance to the 
        Federal Government, as well as to State, local, and Tribal 
        governments.

SEC. 605. REVIEW, RECOMMENDATIONS, AND REPORT.

    (a) General Review.--The Commission shall undertake a comprehensive 
review of all areas of the criminal justice system, including the 
criminal justice costs, practices, and policies of the Federal, State, 
local, and Tribal governments.
    (b) Recommendations.--
            (1) In general.--Not later than 18 months after the date of 
        the first meeting of the Commission, the Commission shall 
        submit to the President and Congress recommendations for 
        changes in Federal oversight, policies, practices, and laws 
        designed to prevent, deter, and reduce crime and violence, 
        reduce recidivism, improve cost-effectiveness, and ensure the 
        interests of justice at every step of the criminal justice 
        system.
            (2) Unanimous consent.--If a unanimous vote of the members 
        of the Commission at a meeting where a quorum is present 
        pursuant to section 606(d) approves a recommendation of the 
        Commission, the Commission may adopt and submit the 
        recommendation under paragraph (1).
            (3) Public access.--The recommendations submitted under 
        this subsection shall be made available to the public.
    (c) Report.--
            (1) In general.--Not later than 18 months after the date of 
        the first meeting of the Commission, the Commission shall 
        disseminate to the Federal Government, as well as to State, 
        local, and Tribal governments, a report that details the 
        findings and supplemental guidance of the Commission regarding 
        the criminal justice system at all levels of government.
            (2) Majority vote.--If a majority vote of the members of 
        the Commission approves a finding or supplemental guidance at a 
        meeting where a quorum is present pursuant to section 606(d), 
        the finding or supplemental guidance may be adopted and 
        included in the report required under paragraph (1).
            (3) Dissents.--In the case of a member of the Commission 
        who dissents from a finding or supplemental guidance approved 
        by a majority vote under paragraph (2), the member may state 
        the reason for the dissent in writing and the report described 
        in paragraph (1) shall include the dissent.
            (4) Public access.--The report submitted under this 
        subsection shall be made available to the public.
    (d) Prior Commissions.--The Commission shall take into 
consideration the work of prior relevant commissions in conducting the 
review of the Commission.
    (e) State and Local Governments.--In issuing the recommendations 
and report of the Commission under this section, the Commission shall 
not infringe on the legitimate rights of the States to determine the 
criminal laws of the States or the enforcement of such laws.
    (f) Public Hearings.--The Commission shall conduct public hearings 
in various locations around the United States.
    (g) Consultation With Government and Nongovernment 
Representatives.--
            (1) In general.--The Commission shall--
                    (A) closely consult with Federal, State, local, and 
                Tribal governments and nongovernment leaders, 
                including--
                            (i) State, local, and Tribal law 
                        enforcement officials, including rank and file 
                        officers;
                            (ii) legislators;
                            (iii) public health officials;
                            (iv) judges;
                            (v) court administrators;
                            (vi) prosecutors;
                            (vii) defense counsel;
                            (viii) victims' rights organizations;
                            (ix) probation and parole officials;
                            (x) criminal justice planners;
                            (xi) criminologists;
                            (xii) civil rights and liberties 
                        organizations;
                            (xiii) community-based organization 
                        leaders;
                            (xiv) formerly incarcerated individuals;
                            (xv) professional organizations; and
                            (xvi) corrections officials; and
                    (B) include in the final report required under 
                subsection (c) summaries of the input and 
                recommendations of the leaders consulted under 
                subparagraph (A).
            (2) United states sentencing commission.--To the extent the 
        review and recommendations required by this section relate to 
        sentencing policies and practices for the Federal criminal 
        justice system, the Commission shall conduct the review in 
        consultation with the United States Sentencing Commission.
    (h) Sense of Congress on Unanimity.--It is the sense of Congress 
that, given the national importance of the matters before the 
Commission--
            (1) the Commission should work toward developing findings 
        and supplemental guidance that are unanimously supported by the 
        members of the Commission; and
            (2) a finding or supplemental guidance unanimously 
        supported by the members of the Commission should take 
        precedence over a finding or supplemental guidance that is not 
        unanimously supported.

SEC. 606. MEMBERSHIP.

    (a) In General.--The Commission shall be composed of 14 members, as 
follows:
            (1) The President shall appoint 1 member, who shall serve 
        as a co-chairperson of the Commission.
            (2) The co-chairperson described in paragraph (1) shall 
        appoint 6 members in consultation with the leadership of--
                    (A) the Senate and House of Representatives of the 
                same political party as the President;
                    (B) the Committee on the Judiciary of the House of 
                Representatives of the same political party as the 
                President; and
                    (C) the Committee on the Judiciary of the Senate of 
                the same political party as the President.
            (3) The leader of the Senate, in consultation with the 
        leader of the House of Representatives who is a member of the 
        opposite party of the President, shall appoint 1 member, who 
        shall serve as a co-chairperson of the Commission.
            (4) The co-chairperson described in paragraph (3) shall 
        appoint 6 members in consultation with the leadership of--
                    (A) the Senate and House of Representatives of the 
                opposite political party as the President;
                    (B) the Committee on the Judiciary of the House of 
                Representatives of the opposite political party as the 
                President; and
                    (C) the Committee on the Judiciary of the Senate of 
                the opposite political party as the President.
    (b) Membership.--
            (1) In general.--A member shall be appointed based upon 
        knowledge or experience in a relevant area, including--
                    (A) law enforcement;
                    (B) criminal justice;
                    (C) national security;
                    (D) prison and jail administration;
                    (E) prisoner reentry;
                    (F) public health, including--
                            (i) physical and sexual victimization;
                            (ii) drug addiction; or
                            (iii) mental health;
                    (G) the rights of victims;
                    (H) civil rights;
                    (I) civil liberties;
                    (J) court administration;
                    (K) social services; or
                    (L) State, local, or Tribal government.
            (2) Law enforcement representation.--
                    (A) Members appointed by the co-chairpersons.--Of 
                the 6 members appointed by the co-chairperson under 
                subsection (a)(2)--
                            (i) not fewer than 2 shall be 
                        representatives from Federal, State, or local 
                        law enforcement agencies, including not less 
                        than 1 representative from a rank and file 
                        organization; and
                            (ii) not fewer than 1 shall be a 
                        representative from a Tribal law enforcement 
                        agency.
                    (B) Other members.--Of the 6 members appointed 
                under subsection (a)(4)--
                            (i) not fewer than 2 shall be 
                        representatives of Federal, State, or local law 
                        enforcement agencies, including not less than 1 
                        representative from a rank and file 
                        organization; and
                            (ii) not fewer than 1 shall be a 
                        representative from a Tribal law enforcement 
                        agency.
            (3) Disqualification.--If an individual possesses a 
        personal financial interest in the discharge of a duty of the 
        Commission, the individual may not be appointed as a member of 
        the Commission.
            (4) Terms.--A member shall be appointed for the duration of 
        the Commission.
    (c) Appointments and First Meeting.--
            (1) Appointments.--Each member of the Commission shall be 
        appointed not later than 45 days after the date of enactment of 
        this Act.
            (2) First meeting.--The Commission shall hold the first 
        meeting of the Commission on the date, whichever is later, that 
        is not later than--
                    (A) 60 days after the date of enactment of this 
                Act; or
                    (B) 30 days after the date on which funds are made 
                available for the Commission.
            (3) Ethics.--At the first meeting of the Commission, the 
        Commission shall--
                    (A) draft appropriate ethics guidelines for members 
                and staff of the Commission, including guidelines 
                relating to--
                            (i) conflict of interest; and
                            (ii) financial disclosure;
                    (B) consult with the Committees on the Judiciary of 
                the Senate and the House of Representatives as a part 
                of drafting the guidelines; and
                    (C) provide each Committee described in 
                subparagraph (B) with a copy of the guidelines 
                completed under subparagraph (A).
    (d) Meetings, Quorum, and Vacancies.--
            (1) Meetings.--The Commission shall meet at the call of--
                    (A) the co-chairpersons; or
                    (B) a majority of the members of the Commission.
            (2) Quorum.--Except as provided in paragraph (3)(B), a 
        majority of the members of the Commission shall constitute a 
        quorum for purposes of conducting business, except that 2 
        members of the Commission shall constitute a quorum for 
        purposes of receiving testimony.
            (3) Vacancies.--
                    (A) In general.--A vacancy in the Commission shall 
                not affect a power of the Commission, and the vacancy 
                shall be filled in the same manner in which the 
                original appointment was made.
                    (B) Quorum.--In the case of a vacancy occurring 
                after the date that is 45 days after the date of 
                enactment of this Act, until the date on which the 
                vacancy is filled, a majority of the members of the 
                Commission shall constitute a quorum if--
                            (i) not fewer than 1 member of the 
                        Commission appointed under paragraph (1) or (2) 
                        of subsection (a) is present; and
                            (ii) not fewer than 1 member of the 
                        Commission appointed under paragraph (3) or (4) 
                        of subsection (a) is present.
    (e) Actions of the Commission.--
            (1) In general.--The Commission--
                    (A) shall, subject to section 605, act by a 
                resolution agreed to by a majority of the members of 
                the Commission voting and present; and
                    (B) may establish a panel composed of less than the 
                full membership of the Commission for purposes of 
                carrying out a duty of the Commission under this title, 
                which--
                            (i) shall be subject to the review and 
                        control of the Commission; and
                            (ii) may make a finding or determination 
                        that may be considered a finding or 
                        determination of the Commission if the finding 
                        or determination is approved by the Commission.
            (2) Delegation.--If authorized by the co-chairpersons of 
        the Commission, a member, agent, or staff member of the 
        Commission may take an action that the Commission may take 
        under this title.

SEC. 607. ADMINISTRATION.

    (a) Staff.--
            (1) Executive director.--The Commission shall have a staff 
        headed by an Executive Director, who shall be paid at a rate 
        established for the Certified Plan pay level for the Senior 
        Executive Service under section 5382 of title 5, United States 
        Code.
            (2) Appointments and compensation.--The co-chairpersons of 
        the Commission shall designate and fix the compensation of the 
        Executive Director and, in accordance with rules agreed upon by 
        the Commission, may appoint and fix the compensation of such 
        other personnel as may be necessary to enable the Commission to 
        carry out its functions, without regard to the provisions of 
        title 5, United States Code, governing appointments in the 
        competitive service, and without regard to the provisions of 
        chapter 51 and subchapter III of chapter 53 of such title 
        relating to classification and General Schedule pay rates, 
        except that no rate of pay fixed under this subsection may 
        exceed the equivalent of that payable for a position at level V 
        of the Executive Schedule under section 5316 of title 5, United 
        States Code.
            (3) Personnel as federal employees.--
                    (A) In general.--The Executive Director and any 
                personnel of the Commission who are employees shall be 
                employees under section 2105 of title 5, United States 
                Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 
                89, and 90 of such title 5.
                    (B) Members of the commission.--Subparagraph (A) 
                shall not be construed to apply to members of the 
                Commission.
            (4) The compensation of members.--
                    (A) Non-federal employees.--A member of the 
                commission who is not an officer or employee of the 
                Federal Government shall be compensated at a rate equal 
                to the daily equivalent of the annual rate of basic pay 
                prescribed for level IV of the Executive Schedule under 
                section 5315 of title 5, United States Code, for each 
                day (including travel time) during which the member is 
                engaged in the performance of the duties of the Board.
                    (B) Federal employees.--A member of the commission 
                who is an officer or employee of the Federal Government 
                shall serve without compensation in addition to the 
                compensation received for the services of the member as 
                an officer or employee of the Federal Government.
            (5) Travel expenses.--A member of the Commission shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular places of business of 
        the member in the performance of services for the Commission.
    (b) Experts and Consultants.--With the approval of the Commission, 
the Executive Director may procure temporary and intermittent services 
under section 3109(b) of title 5, United States Code.
    (c) Detail of Government Employees.--Upon the request of the 
Commission, a Federal Government employee may be detailed to the 
Commission without reimbursement, and such detail shall be without 
interruption or loss of civil service status or privilege.
    (d) Other Resources.--
            (1) In general.--The Commission shall have reasonable 
        access to materials, resources, statistical data, and other 
        information such Commission determines to be necessary to carry 
        out its duties from--
                    (A) the Library of Congress;
                    (B) the Department of Justice;
                    (C) the Office of National Drug Control Policy;
                    (D) the Department of State; and
                    (E) other agencies of the executive or legislative 
                branch of the Federal Government.
            (2) Requests for resources.--The co-chairpersons of the 
        Commission shall make requests for the access described in 
        paragraph (1) in writing when necessary.
    (e) Volunteer Services.--Notwithstanding section 1342 of title 31, 
United States Code, the Commission--
            (1) may--
                    (A) accept and use the services of an individual 
                volunteering to serve without compensation; and
                    (B) reimburse the individual described in 
                subparagraph (A) for local travel, office supplies, and 
                for other travel expenses, including per diem in lieu 
                of subsistence, as authorized by section 5703 of title 
                5, United States Code; and
            (2) shall consider the individual described in paragraph 
        (1) an employee of the Federal Government in performance of 
        those services for the purposes of--
                    (A) chapter 81 of title 5, United States Code, 
                relating to compensation for work-related injuries;
                    (B) chapter 171 of title 28, United States Code, 
                relating to tort claims; and
                    (C) chapter 11 of title 18, United States Code, 
                relating to conflicts of interest.
    (f) Obtaining Official Data.--
            (1) In general.--Except as provided in paragraph (3), the 
        Commission may directly secure from an agency of the United 
        States information necessary to enable the Commission to carry 
        out this title.
            (2) Procedures.--Upon the request of the co-chairpersons of 
        the Commission, the head of the agency shall furnish any 
        information requested under paragraph (1) to the Commission.
            (3) Sensitive information.--The Commission may not have 
        access to sensitive information regarding ongoing 
        investigations.
    (g) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (h) Biannual Reports.--The Commission shall submit biannual status 
reports to Congress regarding--
            (1) the use of resources;
            (2) salaries; and
            (3) all expenditures of appropriated funds.
    (i) Contracts.--
            (1) In general.--The Commission may enter into a contract 
        with a Federal or State agency, a private firm, an institution, 
        or an individual for the conduct of an activity necessary to 
        the discharge of a duty or responsibility of the Commission.
            (2) Timing.--A contract, lease, or other legal agreement 
        the Commission enters into may not extend beyond the date of 
        the termination of the Commission.
    (j) Gifts.--The Commission may accept, use, or dispose of a gift or 
donation of a service or property.
    (k) Administrative Assistance.--The Administrator of General 
Services shall provide to the Commission, on a reimbursable basis, the 
administrative support services necessary for the Commission to carry 
out the responsibilities of the Commission under this title, which may 
include--
            (1) human resource management;
            (2) budget;
            (3) leasing;
            (4) accounting; or
            (5) payroll services.
    (l) Non-Applicability of FACA and Public Access to Meetings and 
Minutes.--
            (1) In general.--The Federal Advisory Committee Act (5 
        U.S.C. App.) shall not apply to the Commission.
            (2) Meetings and minutes.--
                    (A) Meetings.--
                            (i) Administration.--Each meeting of the 
                        Commission shall be open to the public, except 
                        that a meeting or any portion of it may be 
                        closed to the public if it concerns matters or 
                        information described in section 552b(c) of 
                        title 5, United States Code.
                            (ii) Interested individuals.--An interested 
                        individual may--
                                    (I) appear at an open meeting;
                                    (II) present an oral or written 
                                statement on the subject matter of the 
                                meeting; and
                                    (III) be administered an oath or 
                                affirmation.
                            (iii) Notice.--Each open meeting of the 
                        Commission shall be preceded by timely public 
                        notice in the Federal Register of the time, 
                        place, and subject of the meeting.
                    (B) Minutes and public access.--
                            (i) Minutes.--Minutes of each open meeting 
                        shall be kept and shall contain a record of--
                                    (I) the people present;
                                    (II) a description of the 
                                discussion that occurred; and
                                    (III) a copy of each statement 
                                filed.
                            (ii) Public access.--The minutes and 
                        records of each open meeting and other 
                        documents that were made available to or 
                        prepared for the Commission shall be available 
                        for public inspection and copying at a single 
                        location in the offices of the Commission.
    (m) Archiving.--Not later than the date described in section 609, 
all records and papers of the Commission shall be delivered to the 
Archivist of the United States for deposit in the National Archives.

SEC. 608. DIRECT APPROPRIATIONS.

    (a) In General.--For the purpose of carrying out this title, there 
is authorized to be appropriated, and there is appropriated, out of 
amounts in the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 2021, $14,000,000, to remain available until 
expended.
    (b) Limitation.--None of the funds provided by this section may be 
used for international travel.

SEC. 609. SUNSET.

    The Commission shall terminate 60 days after the date on which the 
Commission submits the report required under section 605(c) to 
Congress.

         TITLE VII--LAW ENFORCEMENT AGENCY HIRING AND EDUCATION

                           Subtitle A--Hiring

SEC. 701. LAW ENFORCEMENT AGENCY HIRING.

    Section 1701(b) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10381(b)) is amended--
            (1) by redesignating paragraphs (22) and (23) as paragraphs 
        (23) and (24), respectively;
            (2) in paragraph (23), as so redesignated, by striking 
        ``(21)'' and inserting ``(22)''; and
            (3) by inserting after paragraph (21) the following:
            ``(22) for a law enforcement agency that has a 
        substantially different racial and ethnic demographic makeup 
        than the community served by the agency, to hire recruiters and 
        enroll law enforcement officer candidates in law enforcement 
        academies to become career law enforcement officers who have 
        racial and ethnic demographic characteristics similar to the 
        community;''.

SEC. 702. REAUTHORIZATION OF LAW ENFORCEMENT GRANT PROGRAMS.

    (a) Edward Byrne Memorial Justice Assistance Grant Program.--
Section 511 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (Public Law 90-351; 82 Stat. 197), as so redesignated by 
this Act, is amended by striking ``this subpart $1,095,000,000 for each 
of the fiscal years 2006 through 2012'' and inserting ``this subpart, 
including sections 508, 509, and 510, $800,000,000 for each of fiscal 
years 2021 through 2025''.
    (b) Reauthorization of Cops on the Beat Grant Program.--Section 
1001(a)(11)(A) of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (34 U.S.C. 10261(a)(11)(A)) is amended by striking ``part 
Q, to remain available until expended $1,047,119,000 for each of fiscal 
years 2006 through 2009'' and inserting ``part Q, including section 
1701(n), to remain available until expended $400,000,000 for each of 
fiscal years 2021 through 2025''.

                          Subtitle B--Training

SEC. 711. DEFINITIONS.

    In this subtitle:
            (1) Director.--The term ``Director'' means the Director of 
        the National Museum of African American History and Culture.
            (2) Eligible program participant.--The term ``eligible 
        program participant'' means a Federal, State, or local law 
        enforcement officer or recruiter, or a candidate in a law 
        enforcement academy.

SEC. 712. PROGRAM AUTHORIZED.

    (a) Direct Appropriations.--For the purpose of carrying out this 
subtitle, there is authorized to be appropriated, and there is 
appropriated, out of amounts in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2021, 
$10,000,000, to remain available until expended.
    (b) Donations, Gifts, Bequests, and Devises of Property.--In 
accordance with chapter 23 of title 36, United States Code, and in 
furtherance of the purposes of this subtitle, the Director is 
authorized to solicit, accept, hold, administer, invest, and use 
donated funds and gifts, bequests, and devises of property, both real 
and personal.
    (c) Use of Funds.--The Director, using funds appropriated under 
subsection (a) and resources received under subsection (b), including 
through the engagement of eligible program participants as appropriate 
and in consultation with the National Law Enforcement Museum--
            (1) shall develop and nationally disseminate a curriculum 
        to educate eligible program participants on the history of 
        racism in the United States; and
            (2) shall carry out education program training for eligible 
        program participants that focuses on--
                    (A) racial reconciliation with the goal of 
                understanding the history of racism in America;
                    (B) improving relationships between law enforcement 
                and the communities they serve; and
                    (C) training eligible program participants who can 
                effectively train their law enforcement peers in their 
                State and communities.
    (d) Applications.--The Director may seek the engagement of an 
eligible program participant under subsection (c) by requiring 
submission of an application to the Director at such time, in such 
manner, and based on such competitive criteria as the Director may 
require.

SEC. 713. ONLINE EDUCATION RESOURCES.

    (a) Website.--The Director shall maintain on the website of the 
National Museum of African American History and Culture a special 
section designated for education resources to improve awareness and 
understanding of the history of racism in the United States and to 
promote racial reconciliation through best practices to improve 
relations between law enforcement and the communities they serve. The 
website and resources shall be made publicly available.
    (b) Information Distribution.--The Director shall distribute 
information about the activities funded under this subtitle through the 
website of the National Museum of African American History and Culture, 
and shall respond to inquiries for supplementary information concerning 
such activities.
    (c) Best Practices.--The information distributed by the Director 
shall include best practices for educators.

SEC. 714. NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND CULTURE 
              COUNCIL.

    The National Museum of African American History and Culture Council 
established under section 5 of the National Museum of African American 
History and Culture Act (20 U.S.C. 80r-3), shall have governance 
responsibility for the programs and activities carried out under this 
subtitle in accordance with the National Museum of African American 
History and Culture Act (20 U.S.C. 80r).

SEC. 715. ENGAGEMENT OF ELIGIBLE PROGRAM PARTICIPANTS.

    (a) In General.--An eligible program participant shall be engaged 
at the discretion of the Director to participate in education program 
activities authorized under this subtitle and approved by the Director 
pursuant to an application described in section 712(d).
    (b) Engagement Period.--Engagement of eligible program participants 
under this subtitle shall be for a period determined by the Director.
    (c) Priority.--In engaging eligible program participants under 
section 712, the Director shall give priority to applications from such 
participants who work for a Federal, State, or local law enforcement 
agency that does not, at the time application is made, offer any 
education programming on the history of racism or best practices to 
improve race relations between law enforcement and the communities they 
serve.

SEC. 716. ANNUAL REPORT.

    Not later than February 1 of each year, the Director shall submit 
to the Congress a report describing the activities carried out under 
this subtitle.

                 TITLE VIII--BEST PRACTICES AND STUDIES

SEC. 801. BEST PRACTICES.

    (a) In General.--The National Criminal Justice Commission 
established under title VIII (referred to in this title as the 
``Commission'') shall--
            (1) develop recommended best practices guidelines to ensure 
        fair and effective policing tactics and procedures that 
        encourage equitable justice, community trust, and law 
        enforcement officer safety;
            (2) include the recommended best practices described in 
        paragraph (1) in the recommendations of the Commission required 
        under section 705; and
            (3) best practices for developing standards for law 
        enforcement officer due process.
    (b) Requirements.--The best practices required to be developed 
under subsection (a) shall include--
            (1) best practices for the hiring, firing, suspension, and 
        discipline of law enforcement officers; and
            (2) best practices for community transparency and optimal 
        administration of a law enforcement agency.

SEC. 802. STUDY.

    (a) In General.--The Commission shall conduct a study on the 
establishment and operation of use of force review boards by States and 
units of local government, wherein citizens can assist law enforcement 
agencies in reviewing use of force incidents.
    (b) Inclusion in Commission Recommendations.--The Commission shall 
include a report on the study conducted under subsection (a), which 
shall include recommendations, if any, for best practices for State and 
local use of force review boards, as well as best practices for 
developing standards for law enforcement officer due process, in the 
recommendations of the Commission required under section 705.

SEC. 803. MENTAL HEALTH STUDY.

    (a) In General.--The Commission shall conduct a study on law 
enforcement officer training, crisis intervention teams, co-responder 
programs, personnel requirements, Federal resources, and pilot programs 
needed to improve nationwide law enforcement officer engagement on 
issues related to mental health, homelessness, and addiction.
    (b) Inclusion in Commission Recommendations.--The Commission shall 
include a report on the study conducted under subsection (a), which 
shall include recommendations, if any, in the recommendations of the 
Commission required under section 705.

SEC. 804. STUDY AND PROPOSAL ON IMPROVING ACCOUNTABILITY FOR DOJ 
              GRANTS.

    (a) Definitions.--In this section--
            (1) the term ``covered grant'' means a grant awarded under 
        a covered grant program; and
            (2) the term ``covered grant program'' means--
                    (A) the Edward Byrne Memorial Justice Assistance 
                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.);
                    (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.); and
                    (C) any other grant program administered by the 
                Attorney General that provides funds to law enforcement 
                agencies.
    (b) Study and Proposal.--Not later than 1 year after the date of 
enactment of this Act, the Attorney General shall study, and submit to 
Congress a proposal regarding, the possible implementation of a method 
to improve accountability for law enforcement agencies that receive 
funds from covered grant programs.
    (c) Contents.--In carrying out subsection (b), the Attorney General 
shall develop discrete performance metrics for law enforcement agencies 
that apply for and receive funds from covered grant programs, the 
parameters of which shall--
            (1) establish benchmarks of progress, measured on a 
        semiannual or annual basis, as appropriate;
            (2) require annual accounting by a recipient of a covered 
        grant of the progress made toward each benchmark described in 
        paragraph (1); and
            (3) provide that--
                    (A) the failure to achieve a benchmark described in 
                paragraph (1) shall constitute a violation of the grant 
                agreement;
                    (B) if a recipient does not cure a violation by 
                achieving the applicable benchmark not later than 90 
                days after the date of the violation, the recipient 
                shall return the amounts of the covered grant to the 
                Attorney General; and
                    (C) a law enforcement agency that violates a grant 
                agreement may not apply for a covered grant for a 
                period of 1 year.

       TITLE IX--CLOSING THE LAW ENFORCEMENT CONSENT LOOPHOLE ACT

SEC. 901. PROHIBITION ON ENGAGING IN SEXUAL ACTS WHILE ACTING UNDER 
              COLOR OF LAW.

    (a) In General.--Section 2243 of title 18, United States Code, is 
amended--
            (1) in the section heading, by adding at the end the 
        following: ``or by any person acting under color of law'';
            (2) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively;
            (3) by inserting after subsection (b) the following:
    ``(c) Of an Individual by Any Person Acting Under Color of Law.--
            ``(1) In general.--Whoever, acting under color of law, 
        knowingly engages in a sexual act with an individual who has 
        been arrested by, is detained by, or is in custody of any 
        Federal law enforcement officer, shall be fined under this 
        title, imprisoned not more than 15 years, or both.
            ``(2) Definition.--In this subsection, the term `sexual 
        act' has the meaning given the term in section 2246.''; and
            (4) in subsection (d), as so redesignated, by adding at the 
        end the following:
            ``(3) In a prosecution under subsection (c), it is not a 
        defense that the other individual consented to the sexual 
        act.''.
    (b) Abusive Sexual Contact.--Section 2244(a) of title 18, United 
States Code, is amended by--
            (1) in paragraph (4), by striking ``or'' at the end;
            (2) by redesignating paragraph (5) as paragraph (6); and
            (3) by inserting after paragraph (4) the following:
            ``(5) subsection (c) of section 2243 of this title had the 
        sexual contact been a sexual act, shall be fined under this 
        title, imprisoned not more than 15 years, or both; or''.
    (c) Definition.--Section 2246 of title 18, United States Code, is 
amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by inserting after paragraph (6) the following:
            ``(7) the term `Federal law enforcement officer' has the 
        meaning given the term in section 115.''.
    (d) Clerical Amendment.--The table of sections for chapter 109A of 
title 18, United States Code, is amended by amending the item related 
to section 2243 to read as follows:

``2243. Sexual abuse of a minor or ward or by any person acting under 
                            color of law.''.

SEC. 902. INCENTIVE FOR STATES.

    (a) Authority To Make Grants.--The Attorney General is authorized 
to make grants to States that have in effect a law that--
            (1) makes it a criminal offense for any person acting under 
        color of law of the State to engage in a sexual act (as defined 
        in section 2246 of title 18, United States Code) with an 
        individual who has been arrested by, is detained by, or is in 
        custody of any law enforcement officer; and
            (2) prohibits a person charged with an offense described in 
        paragraph (1) from asserting the consent of the other 
        individual as a defense.
    (b) Reporting Requirement.--A State that receives a grant under 
this section shall submit to the Attorney General, on an annual basis, 
information on--
            (1) the number of reports made to law enforcement agencies 
        in that State regarding persons engaging in a sexual act (as 
        defined in section 2246 of title 18, United States Code) while 
        acting under color of law during the previous year; and
            (2) the disposition of each case in which sexual misconduct 
        by a person acting under color of law was reported during the 
        previous year.
    (c) Application.--A State seeking a grant under this section shall 
submit an application to the Attorney General at such time, in such 
manner, and containing such information as the Attorney General may 
reasonably require, including information about the law described in 
subsection (a).
    (d) Grant Amount.--The amount of a grant to a State under this 
section shall be in an amount that is not greater than 10 percent of 
the average of the total amount of funding of the 3 most recent awards 
that the State received under the following grant programs:
            (1) Part T of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (34 U.S.C. 10441 et seq.) (commonly 
        referred to as the ``STOP Violence Against Women Formula Grant 
        Program'').
            (2) Section 41601 of the Violence Against Women Act of 1994 
        (34 U.S.C. 12511) (commonly referred to as the ``Sexual Assault 
        Services Program'').
    (e) Grant Term.--
            (1) In general.--The Attorney General shall provide an 
        increase in the amount provided to a State under the grant 
        programs described in subsection (d) for a 2-year period.
            (2) Renewal.--A State that receives a grant under this 
        section may submit an application for a renewal of such grant 
        at such time, in such manner, and containing such information 
        as the Attorney General may reasonably require.
            (3) Limit.--A State may not receive a grant under this 
        section for more than 4 years.
    (f) Uses of Funds.--A State that receives a grant under this 
section shall use--
            (1) 25 percent of such funds for any of the permissible 
        uses of funds under the grant program described in paragraph 
        (1) of subsection (d); and
            (2) 75 percent of such funds for any of the permissible 
        uses of funds under the grant program described in paragraph 
        (2) of subsection (d).
    (g) Direct Appropriations.--For the purpose of making grants under 
this section, there is authorized to be appropriated, and there is 
appropriated, out of amounts in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2021, 
$25,000,000, to remain available until expended.
    (h) Definition.--For purposes of this section, the term ``State'' 
means each of the several States and the District of Columbia, Indian 
Tribes, and the Commonwealth of Puerto Rico, Guam, American Samoa, the 
Virgin Islands, and the Northern Mariana Islands.

SEC. 903. REPORTS TO CONGRESS.

    (a) Report by Attorney General.--Not later than 1 year after the 
date of enactment of this Act, and each year thereafter, the Attorney 
General shall submit to Congress a report containing--
            (1) the information required to be reported to the Attorney 
        General under section 902(b); and
            (2) information on--
                    (A) the number of reports made, during the previous 
                year, to Federal law enforcement agencies regarding 
                persons engaging in a sexual act (as defined in section 
                2246 of title 18, United States Code) while acting 
                under color of law; and
                    (B) the disposition of each case in which sexual 
                misconduct by a person acting under color of law was 
                reported.
    (b) Report by GAO.--Not later than 1 year after the date of 
enactment of this Act, and each year thereafter, the Comptroller 
General of the United States shall submit to Congress a report on any 
violations of section 2243(c) of title 18, United States Code, as 
amended by section 901, committed during the 1-year period covered by 
the report.

                       TITLE X--EMERGENCY FUNDING

SEC. 1001. EMERGENCY DESIGNATION.

    (a) In General.--The amounts provided under this Act, or an 
amendment made by this Act, are designated as an emergency requirement 
pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 
U.S.C. 933(g)).
    (b) Designation in Senate.--In the Senate, this Act, and the 
amendments made by this Act, is designated as an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018.
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