[Congressional Record Volume 162, Number 113 (Wednesday, July 13, 2016)]
[Senate]
[Pages S5082-S5085]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORNYN (for himself, Mr. Cruz, Mr. Tillis, Mr. Boozman, 
        Ms. Ayotte, Mr. Barrasso, and Mr. Portman):
  S. 3184. A bill to protect law enforcement officers, and for other 
purposes; to the Committee on the Judiciary.
  Mr. CORNYN. Mr. President, yesterday I had the privilege of attending 
a memorial service for the brave Dallas police officers who lost their 
lives almost a week ago. It was a fitting tribute to these courageous 
men who fought evil and who made the ultimate sacrifice.
  Through such a sad and tumultuous time, the brave leadership of Mayor 
Mike Rawlings and Police Chief Brown has been a constant source of 
inspiration.
  A number of people have stopped me in the hallway and said: Have you 
seen or heard this police chief in Dallas?
  I said: Absolutely.
  Have you seen the sort of leadership and the calming influence Mayor 
Rawlings has provided in a time where people are confused, distraught, 
angry? It has been very impressive. They have gone above and beyond the 
call to bring as much comfort to the city as they possibly can. While 
they have shown the world what poise under pressure looks like, I want 
to say how proud I am of their dedication to the people of Dallas and 
their steady and unwavering hand.
  The events of last week serve as a terrible reminder that our law 
enforcement officers face multiple threats in their line of duty every 
day and that some twisted, deranged individuals will stop at nothing to 
target them.
  Mayor Rawlings was right yesterday when he said that the officers in 
Dallas did nothing wrong. He is absolutely right. They were just doing 
their job.
  Here is what I would like to hear a little bit more about from our 
leaders here in Washington and around the country: There is no 
justification--zero, zip, nada--no justification for violence against 
police officers. There is none. You can't justify what happened in 
Dallas with something that happened in Ferguson, in Baltimore, or some 
other place around the country.
  Chief Brown said that what we need to do is not paint with a broad 
brush the 99 percent of police officers who do what they should be 
doing in a brave and heroic sort of way because of the actions of the 1 
percent or whatever the rogue individual might be. What he said we need 
to do is to hold the officers who do misbehave, who don't respect the 
communities they are serving, and who cross the line--we need to hold 
them accountable, and he is exactly right.
  What I hope we will hear more about, as the President talked about 
yesterday, is the importance of having this national discussion about 
race, about law enforcement. What I hope we hear more of is some 
clarity from our national leaders. Our police officers in Dallas were 
doing nothing more than keeping order and protecting civilians in 
peaceful protests.
  The supreme irony in Dallas is that the people protesting were part 
of Black Lives Matter. Who was protecting them? The very police 
officers targeted by this deranged shooter.
  Actually, as President Obama acknowledged yesterday, the Dallas 
Police Department is a national model for how to deescalate conflict in 
communities and work with communities to reduce crime. Again, it is 
another irony that this terrible tragedy occurred there against that 
department.
  In the aftermath of this great national tragedy, we do need to come 
together as a country and have some uncomfortable discussions, perhaps. 
We need to get beyond the talking points in our comfort zone. But the 
one thing we need to do absolutely is to come together to show our 
support for those who get up every morning, put on their badge, and 
walk out the door not knowing if they will come home at the end of the 
day. We can do that by sending a clear message that America will not 
tolerate those who seek to kill those who are duty-bound to defend us. 
We will not stand for it. This should go without saying.
  In the aftermath of the Dallas attack, we have another chance to 
stand up for law enforcement and stand united for policies that better 
support them.
  Today I am introducing legislation with our colleague from North 
Carolina, Senator Tillis, and our colleague from Texas, Senator Cruz, 
called the Back the Blue Act, which would do just that.
  Many folks have seen the hashtag ``Back the Blue'' on social media, 
online. It is a small way for Americans to show their solidarity with 
our law enforcement officials and their families following this 
tragedy, and that is where this legislation gets its name.

[[Page S5083]]

  The Back the Blue Act would create a new Federal crime for killing or 
attempting to kill a Federal judge, a law enforcement officer, or 
someone funded by Federal funds--a federally funded public safety 
officer. Under this bill, an offender would be subject to a range of 
penalties, from a minimum of a 30-year mandatory minimum sentence for 
murder ranging up to the death penalty.
  I think it is more important than ever for us to make this kind of 
clear and unequivocal statement about our support for law enforcement. 
This is the very glue that holds our country together, and without the 
safety and security they provide, none of our other freedoms are really 
possible.
  The Back the Blue Act would also create a new crime for assaulting a 
law enforcement official and create a new law prohibiting the fleeing 
to avoid punishment for assaulting a law enforcement official. As I 
said, there is no excuse, no justification--none whatsoever--for 
attacking a law enforcement officer. Most of us learned that from our 
parents while growing up, but apparently some people didn't learn that 
lesson, and we ought to make clear to those who did not get the memo, 
who did not learn that lesson, that assaulting a law enforcement 
officer is absolutely beyond the pale.
  We need to show that we value the lives of our law enforcement, and 
we need to make it absolutely clear that we will hold those who carry 
out crimes against them accountable. The Back the Blue Act would do 
that.
  The Back the Blue Act would also expedite court proceedings for cases 
that involve the death of a public safety officer.
  It would make sure criminals aren't rewarded for committing a crime 
by recovering money damages from injuries they sustained while 
committing a felony or violent crime.
  It would help strengthen our communities by allowing grant funding to 
be put toward efforts to foster more trust between police and those 
around them. This is something I am particularly proud of that has been 
happening in Dallas under Mayor Rawlings and Chief Brown. They make it 
absolutely clear that the responsibility of the law enforcement 
official is not to sit in their police car and wait for something to 
happen, to wait for someone to call; they believe in community 
policing, making sure law enforcement mixes and intermingles with the 
very people they are supposed to protect. Frequently, those same people 
can be the eyes and the ears that provide essential information to law 
enforcement so they can prevent criminal acts from occurring in the 
first place.
  The final thing I would mention that this legislation would do is it 
would allow law enforcement officers to carry firearms in Federal 
facilities.
  These are not expansive proposals; they are tailored measures that 
would better serve the men and women who serve our communities every 
day.
  If now is not the time to show our support for law enforcement, when 
is? With the attention of the Nation riveted on events like those that 
occurred in Dallas, I think it is critically important that we take 
advantage of this opportunity to make this statement of solidarity.
  Yesterday President Obama stressed the need to translate our words 
and prayers into action. This legislation is responsive to what the 
President said. It is one thing to offer people our best wishes and our 
thoughts and prayers; it is another thing to actually do something 
about it. This legislation does that.
  I hope my colleagues will join me in supporting this legislation. We 
can do more for our police officers and their families, and we can 
start with the Back the Blue Act.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3184

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Back the Blue Act of 2016''.

     SEC. 2. PROTECTION OF LAW ENFORCEMENT OFFICERS.

       (a) Killing of Law Enforcement Officers.--
       (1) Offense.--Chapter 51 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 1123. Killing of law enforcement officers

       ``(a) Definitions.--In this section--
       ``(1) the terms `Federal law enforcement officer' and 
     `United States judge' have the meanings given those terms in 
     section 115;
       ``(2) the term `federally funded public safety officer' 
     means a public safety officer or judicial officer for a 
     public agency that--
       ``(A) receives Federal financial assistance; and
       ``(B) is an agency of an entity that is a State of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, or any 
     territory or possession of the United States, an Indian 
     tribe, or a unit of local government of that entity;
       ``(3) the term `firefighter' includes an individual serving 
     as an official recognized or designated member of a legally 
     organized volunteer fire department and an officially 
     recognized or designated public employee member of a rescue 
     squad or ambulance crew;
       ``(4) the term `judicial officer' means a judge or other 
     officer or employee of a court, including prosecutors, court 
     security, pretrial services officers, court reporters, and 
     corrections, probation, and parole officers;
       ``(5) the term `law enforcement officer' means an 
     individual, with arrest powers, involved in crime or juvenile 
     delinquency control or reduction or enforcement of the laws;
       ``(6) the term `public agency' includes a court system, the 
     National Guard of a State to the extent the personnel of that 
     National Guard are not in Federal service, and the defense 
     forces of a State authorized by section 109 of title 32; and
       ``(7) the term `public safety officer' means an individual 
     serving a public agency in an official capacity, as a law 
     enforcement officer, as a firefighter, as a chaplain, or as a 
     member of a rescue squad or ambulance crew.
       ``(b) Offense.--It shall be unlawful for any person to--
       ``(1) kill, or attempt or conspire to kill--
       ``(A) a United States judge;
       ``(B) a Federal law enforcement officer; or
       ``(C) a federally funded public safety officer while that 
     officer is engaged in official duties, or on account of the 
     performance of official duties; or
       ``(2) kill a former United States judge, Federal law 
     enforcement officer, or federally funded public safety 
     officer on account of the past performance of official 
     duties.
       ``(c) Penalty.--Any person that violates subsection (b) 
     shall be fined under this title and imprisoned for not less 
     than 10 years or for life, or, if death results, shall be 
     sentenced to not less than 30 years and not more than life, 
     or may be punished by death.''.
       (2) Table of sections.--The table of sections for chapter 
     51 of title 18, United States Code, is amended by adding at 
     the end the following:

``1123. Killing of law enforcement officers.''.
       (b) Assault of Law Enforcement Officers.--
       (1) Offense.--Chapter 7 of title 18, United States Code, is 
     amended by adding at the end the following:

     ``Sec. 120. Assaults of law enforcement officers

       ``(a) Definition.--In this section, the term `federally 
     funded State or local law enforcement officer' means an 
     individual involved in crime and juvenile delinquency control 
     or reduction, or enforcement of the laws (including a police, 
     corrections, probation, or parole officer) who works for a 
     public agency (that receives Federal financial assistance) of 
     a State of the United States or the District of Columbia.
       ``(b) Offense.--It shall be unlawful to assault a federally 
     funded State or local law enforcement officer while engaged 
     in or on account of the performance of official duties, or 
     assaults any person who formerly served as a federally funded 
     State or local law enforcement officer on account of the 
     performance of such person's official duties during such 
     service, or because of the actual or perceived status of the 
     person as a Federally funded state or local law enforcement 
     officer.
       ``(c) Penalty.--Any person that violations subsection (b) 
     shall be subject to a fine under this title and--
       ``(1) if the assault resulted in bodily injury (as defined 
     in section 1365), shall be imprisoned not less than 2 years 
     and not more than 10 years;
       ``(2) if the assault resulted in substantial bodily injury 
     (as defined in section 113), shall be imprisoned not less 
     than 5 years and not more than 20 years;
       ``(3) if the assault resulted in serious bodily injury (as 
     defined in section 1365), shall be imprisoned for not less 
     than 10 years;
       ``(4) if a deadly or dangerous weapon was used during and 
     in relation to the assault, shall be imprisoned for not less 
     than 20 years; and
       ``(5) shall be imprisoned for not more than 1 year in any 
     other case.
       ``(d) Certification Requirement.--
       ``(1) In general.--No prosecution of any offense described 
     in this section may be undertaken by the United States, 
     except under the certification in writing of the Attorney 
     General, or a designee, that--
       ``(A) the State does not have jurisdiction;
       ``(B) the State has requested that the Federal Government 
     assume jurisdiction;
       ``(C) the verdict or sentence obtained pursuant to State 
     charges left demonstratively

[[Page S5084]]

     unvindicated the Federal interest in eradicating bias-
     motivated violence; or
       ``(D) a prosecution by the United States is in the public 
     interest and necessary to secure substantial justice.
       ``(2) Rule of construction.--Nothing in this subsection 
     shall be construed to limit the authority of Federal 
     officers, or a Federal grand jury, to investigate possible 
     violations of this section.
       ``(e) Statute of Limitations.--
       ``(1) Offenses not resulting in death.--Except as provided 
     in paragraph (2), no person shall be prosecuted, tried, or 
     punished for any offense under this section unless the 
     indictment for such offense is found, or the information for 
     such offense is instituted, not later than 7 years after the 
     date on which the offense was committed.
       ``(2) Offenses resulting in death.--An indictment or 
     information alleging that an offense under this section 
     resulted in death may be found or instituted at any time 
     without limitation.''.
       (2) Table of sections.--The table of sections for chapter 7 
     of title 18, United States Code, is amended by adding at the 
     end the following:

``120. Killing of law enforcement officers.''.
       (c) Flight to Avoid Prosecution for Killing Law Enforcement 
     Officials.--
       (1) Offense.--Chapter 49 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 1075. Flight to avoid prosecution for killing law 
       enforcement officials

       ``(a) Offense.--It shall be unlawful for any person to move 
     or travel in interstate or foreign commerce with intent to 
     avoid prosecution, or custody or confinement after 
     conviction, under the laws of the place from which the person 
     flees or under section 1114 or 1123, for a crime consisting 
     of the killing, an attempted killing, or a conspiracy to kill 
     a Federal judge or Federal law enforcement officer (as those 
     terms are defined in section 115), or a federally funded 
     public safety officer (as that term is defined in section 
     1123).
       ``(b) Penalty.--Any person that violates subsection (a) 
     shall be fined under this title and imprisoned for not less 
     than 10 years, in addition to any other term of imprisonment 
     for any other offense relating to the conduct described in 
     subsection (a).''.
       (2) Table of sections.--The table of sections for chapter 
     49 of title 18, United States Code, is amended by adding at 
     the end the following:

``1075. Flight to avoid prosecution for killing law enforcement 
              officials.''.

     SEC. 3. SPECIFIC AGGRAVATING FACTOR FOR FEDERAL DEATH PENALTY 
                   KILLING OF LAW ENFORCEMENT OFFICER.

       (a) Aggravating Factors for Homicide.--Section 3592(c) of 
     title 18, United States Code, is amended by inserting after 
     paragraph (16) the following:
       ``(17) Killing of a law enforcement officer, prosecutor, 
     judge, or first responder.--The defendant killed or attempted 
     to kill a person who is authorized by law--
       ``(A) to engage in or supervise the prevention, detention, 
     or investigation of any criminal violation of law;
       ``(B) to arrest, prosecute, or adjudicate an individual for 
     any criminal violation of law; or
       ``(C) to be a firefighter or other first responder.''.

     SEC. 4. LIMITATION ON FEDERAL HABEAS RELIEF FOR MURDERS OF 
                   LAW ENFORCEMENT OFFICERS.

       (a) Justice for Law Enforcement Officers and Their 
     Families.--
       (1) In general.--Section 2254 of title 28, United States 
     Code, is amended by adding at the end the following:
       ``(j)(1) For an application for a writ of habeas corpus on 
     behalf of a person in custody pursuant to the judgment of a 
     State court for a crime that involved the killing of a public 
     safety officer (as that term is defined in section 1204 of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796b)) or judge, while the public safety officer or 
     judge was engaged in the performance of official duties, or 
     on account of the performance of official duties by or status 
     as a public safety officer or judge of the public safety 
     officer or judge--
       ``(A) the application shall be subject to the time 
     limitations and other requirements under sections 2263, 2264, 
     and 2266; and
       ``(B) the court shall not consider claims relating to 
     sentencing that were adjudicated in a State court.
       ``(2) Sections 2251, 2262, and 2101 are the exclusive 
     sources of authority for Federal courts to stay a sentence of 
     death entered by a State court in a case described in 
     paragraph (1).''.
       (2) Rules.--Rule 11 of the Rules Governing Section 2254 
     Cases in the United States District Courts is amended by 
     adding at the end the following: ``Rule 60(b)(6) of the 
     Federal Rules of Civil Procedure shall not apply to a 
     proceeding under these rules in a case that is described in 
     section 2254(j) of title 28, United States Code.''.
       (3) Finality of determination.--Section 2244(b)(3)(E) of 
     title 28, United States Code, is amended by striking ``the 
     subject of a petition'' and all that follows and inserting: 
     ``reheard in the court of appeals or reviewed by writ of 
     certiorari.''.
       (4) Effective date and applicability.--
       (A) In general.--This paragraph and the amendments made by 
     this paragraph shall apply to any case pending on or after 
     the date of enactment of this Act.
       (B) Time limits.--In a case pending on the date of 
     enactment of this Act, if the amendments made by this 
     paragraph impose a time limit for taking certain action, the 
     period of which began before the date of enactment of this 
     Act, the period of such time limit shall begin on the date of 
     enactment of this Act.
       (C) Exception.--The amendments made by this paragraph shall 
     not bar consideration under section 2266(b)(3)(B) of title 
     28, United States Code, of an amendment to an application for 
     a writ of habeas corpus that is pending on the date of 
     enactment of this Act, if the amendment to the petition was 
     adjudicated by the court prior to the date of enactment of 
     this Act.

     SEC. 5. LIMITATION ON RECOVERY OF CERTAIN DAMAGES FOR 
                   INDIVIDUALS ENGAGED IN FELONIES OR CRIMES OF 
                   VIOLENCE.

       (a) In General.--Section 1979 of the Revised Statutes (42 
     U.S.C. 1983) is amended by--
       (1) striking ``except that in any action'' and all that 
     follows through ``relief was unavailable.'' and inserting the 
     following: ``except that--
       ``(1) in any action brought against a judicial officer for 
     an act or omission taken in the judicial capacity of that 
     officer, injunctive relief shall not be granted unless a 
     declaratory decree was violated or declaratory relief was 
     unavailable; and
       ``(2) in any action seeking redress for any deprivation 
     that was incurred in the course of, or as a result of, or is 
     related to, conduct by the injured party that, more likely 
     than not, constituted a felony or a crime of violence (as 
     that term is defined in section 16 of title 18, United States 
     Code) (including any deprivation in the course of arrest or 
     apprehension for, or the investigation, prosecution, or 
     adjudication of, such an offense), a court may not award 
     damages other than for necessary out-of-pocket expenditures 
     and other monetary loss.''; and
       (2) indenting the last sentence as an undesignated 
     paragraph.
       (b) Attorney's Fees.--Section 722(b) of the Revised 
     Statutes (42 U.S.C. 1988(b)) is amended by striking ``except 
     that in any action'' and all that follows and inserting the 
     following: ``except that--
       ``(1) in any action brought against a judicial officer for 
     an act or omission taken in the judicial capacity of that 
     officer, such officer shall not be held liable for any costs, 
     including attorneys fees, unless such action was clearly in 
     excess of the jurisdiction of that officer; and
       ``(2) in any action seeking redress for any deprivation 
     that was incurred in the course of, or as a result of, or is 
     related to, conduct by the injured party that, more likely 
     than not, constituted a felony or a crime of violence (as 
     that term is defined in section 16 of title 18, United States 
     Code) (including any deprivation in the course of arrest or 
     apprehension for, or the investigation, prosecution, or 
     adjudication of, such an offense), the court may not allow 
     such party to recover attorney's fees.''.

     SEC. 6. SELF-DEFENSE RIGHTS FOR LAW ENFORCEMENT OFFICERS.

       (a) In General.--Chapter 203 of title 18, United States 
     Code, is amended by inserting after section 3053 the 
     following:

     ``Sec. 3054. Authority of law enforcement officers to carry 
       firearms

       ``Any sworn officer, agent, or employee of the United 
     States, a State, or a political subdivision thereof, who is 
     authorized by law to engage in or supervise the prevention, 
     detection, investigation, or prosecution of any violation of 
     law, or to supervise or secure the safety of incarcerated 
     inmates, may carry firearms if authorized by law to do so. 
     Such authority to carry firearms, with respect to the lawful 
     performance of the official duties of a sworn officer, agent, 
     or employee of a State or a political subdivision thereof, 
     shall include possession incident to depositing a firearm 
     within a secure firearms storage area for use by all persons 
     who are authorized to carry a firearm within any building or 
     structure classified as a Federal facility or Federal court 
     facility, as those terms are defined under section 930, and 
     any grounds appurtenant to such a facility.''.
       (b) Carrying of Concealed Firearms by Qualified Law 
     Enforcement Officers.--Section 926B(e)(2) of title 18, United 
     States Code, is amended by inserting ``any magazine and'' 
     after ``includes''.
       (c) Carrying of Concealed Firearms by Qualified Retired Law 
     Enforcement Officers.--Section 926C(e)(1)(B) of title 18, 
     United States Code, is amended by inserting ``any magazine 
     and'' after ``includes''.
       (d) School Zones.--Section 922(q)(2)(B)(vi) title 18, 
     United States Code, is amended by inserting ``or a qualified 
     law enforcement officer (as defined in section 926B(c))'' 
     before the semicolon.
       (e) Regulations Required.--Not later than 60 days after the 
     date of enactment of this Act, the Attorney General shall 
     promulgate regulations allowing persons described in section 
     3054 of title 18, United States Code, to possess firearms in 
     a manner described by that section. With respect to Federal 
     justices, judges, bankruptcy judges, and magistrate judges, 
     such regulations shall be prescribed after consultation with 
     the Judicial Conference of the United States.
       (f) Table of Sections.--The table of sections for chapter 
     203 of title 18, United States Code, is amended by inserting 
     after the item relating to section 3053 the following:

``3054. Authority of law enforcement officers to carry firearms.''.

[[Page S5085]]

  


     SEC. 7. IMPROVING THE RELATIONSHIP BETWEEN LAW ENFORCEMENT 
                   AGENCIES AND THE COMMUNITIES THEY SERVE.

       (a) In General.--For each of fiscal years 2017 through 
     2021, the Attorney General using covered amounts shall, using 
     such amounts as are necessary not to exceed $20,000,000, 
     award grants to State, local, or tribal law enforcement 
     agencies and appropriate non-governmental organizations to--
       (1) promote trust and ensure legitimacy among law 
     enforcement agencies and the communities they serve through 
     procedural reforms, transparency, and accountability;
       (2) develop comprehensive and responsive policies on key 
     topics relevant to the relationship between law enforcement 
     agencies and the communities they serve;
       (3) balance the embrace of technology and digital 
     communications with local needs, privacy, assessments, and 
     monitoring;
       (4) encourage the implementation of policies that support 
     community-based partnerships in the reduction of crime;
       (5) emphasize the importance of high quality and effective 
     training and education through partnerships with local and 
     national training facilities; and
       (6) endorse practices that support officer wellness and 
     safety through the re-evaluation of officer shift hours, 
     including data collection and analysis.
       (b) Covered Amounts Defined.--In this section, the term 
     ``covered amounts'' means--
       (1) any unobligated balances made available under the 
     heading ``GENERAL ADMINISTRATION'' under the heading 
     ``DEPARTMENT OF JUSTICE'' in an appropriations Act in a 
     fiscal year;
       (2) any amounts made available for an ``Edward Byrne 
     Memorial criminal justice innovation program'' under the 
     heading ``state and local law enforcement assistance'' under 
     the heading ``OFFICE OF JUSTICE PROGRAMS'' under the heading 
     ``DEPARTMENT OF JUSTICE'' in an appropriations Act in a 
     fiscal year; or
       (3) any combination of amounts described in paragraphs (1) 
     and (2).
                                 ______