II 

Calendar No. 480 

116TH CONGRESS 

2D SESSION S. 3985 

To improve and reform policing practices, accountability and transparency. 

IN THE SENATE OF THE UNITED STATES 

JUNE 17, 2020 

Mr. SCOTT of South Carolina (for himself, Mr. MCCONNELL, Mr. CORNYN, 

Mr. GRAHAM, Mrs. CAPITO, Mr. SASSE, Mr. LANKFORD, Mr. ALEXANDER, Ms. MCSALLY, Mr. TILLIS, Mr. BRAUN, Mr. ROBERTS, Mr. 

BURR, Mr. CRAMER, Mr. RUBIO, Mr. THUNE, Mr. WICKER, Mr. DAINES, 

Mr. BLUNT, Mr. INHOFE, Mr. HOEVEN, Ms. COLLINS, Mr. CRAPO, Ms. 

ERNST, Mrs. FISCHER, Mr. YOUNG, Mr. BOOZMAN, Mr. ROMNEY, Mr. 

RISCH, Mr. GRASSLEY, Mr. PORTMAN, Mr. GARDNER, Mr. ENZI, Mr. 

COTTON, Mr. SHELBY, Mrs. LOEFFLER, Mr. ROUNDS, Mr. KENNEDY, 

Mr. BARRASSO, Mr. PERDUE, Mrs. BLACKBURN, Mrs. HYDE-SMITH, Mr. 

CASSIDY, Mr. JOHNSON, Mr. MORAN, Mr. CRUZ, and Mr. SULLIVAN) introduced the following bill; which was read the first time 

JUNE 18, 2020 

Read the second time and placed on the calendar 

A BILL 

To improve and reform policing practices, accountability and 

transparency. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Just and Unifying Solutions To Invigorate Communities 

4 Everywhere Act of 2020’’ or the ‘‘JUSTICE Act’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 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—COMMISSION ON THE SOCIAL STATUS OF BLACK MEN 

AND BOYS ACT 

Sec. 501. Short title. 

Sec. 502. Commission establishment and membership. 

Sec. 503. Other matters relating to appointment; removal. 

Sec. 504. Leadership election. 

Sec. 505. Commission duties and powers. 

Sec. 506. Commission meeting requirements. 

Sec. 507. Annual report guidelines. 

Sec. 508. Commission compensation. 

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

Sec. 601. Training on alternatives to use of force, de-escalation, and behavioral 

health crises. 

Sec. 602. Training on duty to intervene. 


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TITLE VII—NATIONAL CRIMINAL JUSTICE COMMISSION ACT 

Sec. 701. Short title. 

Sec. 702. Findings. 

Sec. 703. Establishment of Commission. 

Sec. 704. Purpose of the Commission. 

Sec. 705. Review, recommendations, and report. 

Sec. 706. Membership. 

Sec. 707. Administration. 

Sec. 708. Direct appropriations. 

Sec. 709. Sunset. 

TITLE VIII—LAW ENFORCEMENT AGENCY HIRING AND 

EDUCATION 

Subtitle A—Hiring 

Sec. 801. Law enforcement agency hiring. 

Sec. 802. Reauthorization of law enforcement grant programs. 

Subtitle B—Training 

Sec. 811. Definitions. 

Sec. 812. Program authorized. 

Sec. 813. Online education resources. 

Sec. 814. National Museum of African American History and Culture Council. 

Sec. 815. Engagement of eligible program participants. 

Sec. 816. Annual report. 

TITLE IX—BEST PRACTICES AND STUDIES 

Sec. 901. Best practices. 

Sec. 902. Study. 

Sec. 903. Mental health study. 

Sec. 904. Study and proposal on improving accountability for DOJ grants. 

TITLE X—CLOSING THE LAW ENFORCEMENT CONSENT 

LOOPHOLE ACT 

Sec. 1001. Prohibition on engaging in sexual acts while acting under color of 

law. 

Sec. 1002. Incentive for States. 

Sec. 1003. Reports to Congress. 

TITLE XI—EMERGENCY FUNDING 

Sec. 1101. Emergency designation. 


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1 TITLE I—LAW ENFORCEMENT 

2 REFORMS 

3 SEC. 101. GEORGE FLOYD AND WALTER SCOTT NOTIFICA4 TION ACT. 

5 (a) SHORT TITLE.—This section may be cited as the 

6 ‘‘George Floyd and Walter Scott Notification Act’’. 

7 (b) NATIONAL USE-OF-FORCE DATA COLLECTION.— 

8 Section 501 of title I of the Omnibus Crime Control and 

9 Safe Streets Act of 1968 (34 U.S.C. 10152) is amended 

10 by adding at the end the following: 

11 ‘‘(h) NATIONAL USE-OF-FORCE DATA COLLEC12 TION.— 

13 ‘‘(1) DEFINITIONS.—In this section— 

14 ‘‘(A) the term ‘law enforcement officer’— 

15 ‘‘(i) means any officer, agent, or em16 ployee of a State, unit of local government, 

17 or an Indian tribe authorized by law or by 

18 a government agency to engage in or su19 pervise the prevention detection, or inves20 tigation of any violation of criminal law, or 

21 authorized by law to supervise sentenced 

22 criminal offenders; and 

23 ‘‘(ii) includes an individual described 

24 in clause (i) who is employed or volunteers 


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1 in a full-time, part-time, or auxiliary ca2 pacity; 

3 ‘‘(B) the term ‘National Use-of-Force Data 

4 Collection’ means the National Use-of-Force 

5 Data Collection of the Federal Bureau of Inves6 tigation; and 

7 ‘‘(C) the term ‘serious bodily injury’ means 

8 bodily injury that involves a substantial risk of 

9 death, unconsciousness, extreme physical pain, 

10 protracted and obvious disfigurement, or pro11 tracted loss or impairment of the function of a 

12 bodily member, organ, or mental faculty. 

13 ‘‘(2) REPORTING REQUIREMENT.—For each fis14 cal year in which a State or unit of local government 

15 receives funds under subsection (a), the State or 

16 unit of local government shall report to the National 

17 Use-of-Force Data Collection on an annual basis and 

18 pursuant to guidelines established by the Federal 

19 Bureau of Investigation, information regarding— 

20 ‘‘(A) a use-of-force event by a law enforce21 ment officer in the State or unit of local gov22 ernment that involves— 

23 ‘‘(i) the fatality of an individual that 

24 is connected to use of force by a law en25 forcement officer; 


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1 ‘‘(ii) the serious bodily injury of an in2 dividual that is connected to use of force 

3 by a law enforcement officer; and 

4 ‘‘(iii) in the absence of either death or 

5 serious bodily injury, when a firearm is 

6 discharged by a law enforcement officer at 

7 or in the direction of an individual; 

8 ‘‘(B) any event in which a firearm is dis9 charged by a civilian at or in the direction of 

10 a law enforcement officer; and 

11 ‘‘(C) the death or serious bodily injury of 

12 a law enforcement officer that results from any 

13 discharge of a firearm by a civilian, or any 

14 other means, including whether the law enforce15 ment officer was killed or suffered serious bod16 ily injury as part of an ambush or calculated 

17 attack. 

18 ‘‘(3) INFORMATION REQUIRED.—For each use19 of-force event required to be reported under para20 graph (2), the following information shall be pro21 vided, as required by the Federal Bureau of Inves22 tigation: 

23 ‘‘(A) Incident information. 

24 ‘‘(B) Subject information. 

25 ‘‘(C) Officer information. 


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1 ‘‘(4) COMPLIANCE.— 

2 ‘‘(A) INELIGIBILITY FOR FUNDS.— 

3 ‘‘(i) FIRST FISCAL YEAR.— 

4 ‘‘(I) STATES.—For the first fis5 cal year beginning after the date of 

6 enactment of the George Floyd and 

7 Walter Scott Notification Act in which 

8 a State fails to comply with paragraph 

9 (2) with respect to a State law en10 forcement agency, the State shall be 

11 subject to a 20-percent reduction of 

12 the funds that would otherwise be al13 located for retention by the State 

14 under section 505(c) for that fiscal 

15 year, and if any unit of local govern16 ment within the State fails to comply 

17 with paragraph (2), the State shall be 

18 subject to a reduction of the funds al19 located for retention by the State 

20 under section 505(c) that is equal to 

21 the percentage of the population of 

22 the State represented by the unit of 

23 local government, not to exceed 20 

24 percent. 


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1 ‘‘(II) LOCAL GOVERNMENTS.— 

2 For the first fiscal year beginning 

3 after the date of enactment of the 

4 George Floyd and Walter Scott Notifi5 cation Act in which a unit of local 

6 government fails to comply with para7 graph (2), the unit of local govern8 ment shall be subject to a 20-percent 

9 reduction of the funds that would oth10 erwise be allocated to the unit of local 

11 government for that fiscal year under 

12 this subpart. 

13 ‘‘(ii) SUBSEQUENT FISCAL YEARS.— 

14 ‘‘(I) STATES.—Beginning in the 

15 first fiscal year beginning after the 

16 first fiscal year described in clause 

17 (i)(I) in which a State fails to comply 

18 with paragraph (2) with respect to a 

19 State law enforcement agency, the 

20 percentage by which the funds de21 scribed in clause (i)(I) are reduced 

22 shall be increased by 5 percent each 

23 fiscal year the State fails to comply 

24 with paragraph (2), except that such 


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1 reduction shall not exceed 25 percent 

2 in any fiscal year. 

3 ‘‘(II) LOCAL GOVERNMENTS.— 

4 Beginning in the first fiscal year be5 ginning after the first fiscal year de6 scribed in clause (i)(II) in which a 

7 unit of local government fails to com8 ply with paragraph (2), the percent9 age by which the funds described in 

10 clause (i)(II) are reduced shall be in11 creased by 5 percent each fiscal year 

12 the unit of local government fails to 

13 comply with paragraph (2), except 

14 that such reduction shall not exceed 

15 25 percent in any fiscal year. 

16 ‘‘(B) REALLOCATION.—Amounts not allo17 cated under a program referred to in subpara18 graph (A) to a State or unit of local govern19 ment for failure to comply with paragraph (2) 

20 shall be reallocated under the program to 

21 States or units of local government that have 

22 complied with paragraph (2). 

23 ‘‘(5) PUBLIC AVAILABILITY OF DATA.—Not 

24 later than 1 year after the date of enactment of this 

25 Act, and each year thereafter, the Director of the 


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1 Federal Bureau of Investigation shall publish, and 

2 make available to the public, the National Use-of3 Force Data Collection. 

4 ‘‘(6) FBI OUTREACH AND TECHNICAL ASSIST5 ANCE.—The Director of the Federal Bureau of In6 vestigation shall provide to a State or unit of local 

7 government technical assistance and training for the 

8 collection and submission of data in accordance with 

9 this subsection.’’. 

10 SEC. 102. BREONNA TAYLOR NOTIFICATION ACT. 

11 (a) SHORT TITLE.—This section may be cited as the 

12 ‘‘Breonna Taylor Notification Act of 2020’’. 

13 (b) NO-KNOCK WARRANT REPORTS.—Section 501 of 

14 title I of the Omnibus Crime Control and Safe Streets Act 

15 of 1968 (34 U.S.C. 10152), as amended by section 101 

16 of this Act, is amended by adding at the end the following: 

17 ‘‘(i) NO-KNOCK WARRANT REPORTS.— 

18 ‘‘(1) DEFINITIONS.—In this subsection: 

19 ‘‘(A) FEDERAL LAW ENFORCEMENT AGEN20 CY.—The term ‘Federal law enforcement agen21 cy’ means any agency of the United States au22 thorized to engage in or supervise the preven23 tion, detection, investigation, or prosecution of 

24 any violation of Federal criminal law. 


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1 ‘‘(B) NO-KNOCK WARRANT.—The term 

2 ‘no-knock warrant’ means a warrant that au3 thorizes a law enforcement officer to enter a 

4 certain premises to execute a warrant without 

5 first knocking or otherwise announcing the 

6 presence of the law enforcement officer if a 

7 court of competent jurisdiction finds reasonable 

8 suspicion that knocking and announcing the 

9 presence of law enforcement would— 

10 ‘‘(i) pose a danger to the officer, a 

11 suspect, or a third party on the premises; 

12 ‘‘(ii) inhibit the investigation; or 

13 ‘‘(iii) allow the destruction of evi14 dence. 

15 ‘‘(C) STATE LAW ENFORCEMENT AGENCY; 

16 LOCAL LAW ENFORCEMENT AGENCY.—The 

17 terms ‘State law enforcement agency’ and ‘local 

18 law enforcement agency’ mean an agency of a 

19 State or unit of local government, respectively, 

20 that is authorized to engage in or supervise the 

21 prevention, detection, investigation, or prosecu22 tion of any violation of criminal law. 

23 ‘‘(2) REPORT TO ATTORNEY GENERAL.— 

24 ‘‘(A) REQUIREMENT.— 


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1 ‘‘(i) IN GENERAL.—Subject to clause 

2 (iii), not later than January 31 of the first 

3 calendar year beginning after the date of 

4 enactment of the Breonna Taylor Notifica5 tion Act of 2020, and annually there6 after— 

7 ‘‘(I) a State that receives funds 

8 under subsection (a) shall submit to 

9 the Attorney General a report that in10 cludes, for each no-knock warrant car11 ried out by a State law enforcement 

12 agency of the State during the pre13 ceding calendar year, the information 

14 described in subclauses (I) through 

15 (V) of paragraph (3)(A)(i); and 

16 ‘‘(II) a unit of local government 

17 that receives funds under subsection 

18 (a) shall submit to the Attorney Gen19 eral a report that includes— 

20 ‘‘(aa) for each no-knock 

21 warrant carried out by a local 

22 law enforcement agency of the 

23 unit of local government during 

24 the preceding calendar year, the 

25 information described in subVerDate Sep 11 2014 22:41 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3985.PCS S3985

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1 clauses (I) through (V) of para2 graph (3)(A)(i); and 

3 ‘‘(bb) the crime rate data 

4 for the unit of local government 

5 for the preceding calendar year. 

6 ‘‘(ii) STATE OVERSIGHT OF LOCAL

7 GOVERNMENTS.—A State that receives 

8 funds under subsection (a) shall ensure 

9 that each unit of local government within 

10 the State submits to the Attorney General 

11 a report that includes, in accordance with 

12 clause (i)(II) of this subparagraph— 

13 ‘‘(I) for each no-knock warrant 

14 carried out by a local law enforcement 

15 agency of the unit of local government 

16 during the preceding calendar year, 

17 the information described in sub18 clauses (I) through (V) of paragraph 

19 (3)(A)(i); and 

20 ‘‘(II) the crime rate data for the 

21 unit of local government for the pre22 ceding calendar year. 

23 ‘‘(iii) OPEN INVESTIGATIONS.—A 

24 State or unit of local government— 


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1 ‘‘(I) may not submit the informa2 tion described in subclauses (I) 

3 through (V) of paragraph (3)(A)(i) 

4 for a no-knock warrant relating to an 

5 investigation that has not been closed 

6 as of the date on which the applicable 

7 report is due under clause (i) of this 

8 subparagraph; and 

9 ‘‘(II) shall include any informa10 tion withheld under subclause (I) in 

11 the earliest subsequent report sub12 mitted under clause (i) after the in13 vestigation has been closed. 

14 ‘‘(B) PENALTY.— 

15 ‘‘(i) IN GENERAL.— 

16 ‘‘(I) FIRST FISCAL YEAR.— 

17 ‘‘(aa) STATES.— 

18 ‘‘(AA) FAILURE TO

19 COMPLY BY STATE.—For 

20 the first fiscal year that fol21 lows a fiscal year in which a 

22 State failed to comply with 

23 subparagraph (A) with re24 spect to a State law enforce25 ment agency, the State shall 


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1 be subject to a 20-percent 

2 reduction of the funds that 

3 would otherwise be allocated 

4 for retention by the State 

5 under section 505(c) for 

6 that fiscal year. 

7 ‘‘(BB) FAILURE TO

8 COMPLY BY LOCAL GOVERN9 MENT.—For the first fiscal 

10 year that follows a fiscal 

11 year in which a unit of local 

12 government within a State 

13 failed to comply with sub14 paragraph (A), the State 

15 shall be subject to a reduc16 tion of the funds that would 

17 otherwise be allocated for re18 tention by the State under 

19 section 505(c) for that fiscal 

20 year by a percentage that is 

21 equal to the percentage of 

22 the population of the State 

23 that lives in the unit of local 

24 government, which may not 

25 exceed 20 percent. 


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1 ‘‘(bb) UNITS OF LOCAL GOV2 ERNMENT.—For the first fiscal 

3 year that follows a fiscal year in 

4 which a unit of local government 

5 failed to comply with subpara6 graph (A), the unit of local gov7 ernment shall be subject to a 20- 

8 percent reduction of the funds 

9 that would otherwise be allocated 

10 to the unit of local government 

11 under this subpart for that fiscal 

12 year. 

13 ‘‘(II) SUBSEQUENT FISCAL

14 YEARS.— 

15 ‘‘(aa) STATES.—Beginning 

16 in the first fiscal year beginning 

17 after the first fiscal year de18 scribed in subclause (I)(aa)(AA) 

19 in which a State fails to comply 

20 with subparagraph (A) with re21 spect to a State law enforcement 

22 agency, the percentage by which 

23 the funds described in subclause 

24 (I)(aa)(AA) are reduced shall be 

25 increased by 5 percent each fiscal 


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1 year the State fails to comply 

2 with subparagraph (A) with re3 spect to a State law enforcement 

4 agency, except that such reduc5 tion shall not exceed 25 percent 

6 in any fiscal year. 

7 ‘‘(bb) LOCAL GOVERN8 MENTS.—Beginning in the first 

9 fiscal year beginning after the 

10 first fiscal year described in sub11 clause (I)(bb) in which a unit of 

12 local government fails to comply 

13 with subparagraph (A), the per14 centage by which the funds de15 scribed in subclause (I)(bb) are 

16 reduced shall be increased by 5 

17 percent each fiscal year the unit 

18 of local government fails to com19 ply with subparagraph (A), ex20 cept that such reduction shall not 

21 exceed 25 percent in any fiscal 

22 year. 

23 ‘‘(ii) REALLOCATION.—Amounts not 

24 allocated by reason of clause (i) to a State 

25 or unit of local government for failure to 


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1 comply with subparagraph (A) shall be re2 allocated to States or units of local govern3 ment, respectively, that have complied with 

4 subparagraph (A). 

5 ‘‘(iii) EFFECTIVE DATE.—Clause (i) 

6 shall take effect with respect to the third 

7 annual report due under subparagraph (A) 

8 after the date of enactment of the Breonna 

9 Taylor Notification Act of 2020. 

10 ‘‘(3) ATTORNEY GENERAL REPORT.— 

11 ‘‘(A) IN GENERAL.—Subject to subpara12 graph (B), not later than March 31 of the first 

13 calendar year beginning after the date of enact14 ment of the Breonna Taylor Notification Act of 

15 2020, and annually thereafter, the Attorney 

16 General shall publish a report that includes— 

17 ‘‘(i) for each no-knock warrant carried 

18 out by a Federal law enforcement agency, 

19 State law enforcement agency, or local law 

20 enforcement agency during the preceding 

21 calendar year— 

22 ‘‘(I) the reason for which the 

23 warrant was issued, including each 

24 violation of law listed on the warrant; 


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1 ‘‘(II) whether, in the course of 

2 carrying out the warrant— 

3 ‘‘(aa) force resulting in 

4 property damage, serious bodily 

5 injury, or death was used; or 

6 ‘‘(bb) any law enforcement 

7 officer, suspect, or bystander was 

8 injured or killed; 

9 ‘‘(III) the sex, race, ethnicity, 

10 and age of each person found at the 

11 location for which the no-knock war12 rant was issued; 

13 ‘‘(IV) whether the location 

14 searched matched the location de15 scribed in the warrant; 

16 ‘‘(V) whether the warrant in17 cluded the particularized information 

18 required under the Fourth Amend19 ment to the Constitution of the 

20 United States, as interpreted by the 

21 Supreme Court of the United States, 

22 and any other applicable Federal, 

23 State, or local law related to the use 

24 of no-knock warrants; and 


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1 ‘‘(ii) for each local law enforcement 

2 agency for which information is submitted 

3 under clause (i) for a calendar year, the 

4 crime rate data for the applicable unit of 

5 local government for that calendar year. 

6 ‘‘(B) OPEN INVESTIGATIONS.—The Attor7 ney General— 

8 ‘‘(i) may not publish any information 

9 described in subparagraph (A) for a no10 knock warrant relating to an investigation 

11 that has not been closed as of the date on 

12 which the applicable report is due under 

13 that paragraph; and 

14 ‘‘(ii) shall include any information 

15 withheld under clause (i) in the earliest 

16 subsequent report published under sub17 paragraph (A) after the investigation has 

18 been closed.’’. 

19 SEC. 103. GUIDANCE. 

20 (a) IN GENERAL.—Not later than 180 days after the 

21 date of enactment of this Act, the Attorney General, in 

22 coordination with the Director of the Federal Bureau of 

23 Investigation and State and local law enforcement agen24 cies, shall issue guidance on best practices relating to es25 tablishing standard data collection systems that capture 


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1 the information required to be reported under subsections 

2 (h) and (i) of section 501 of title I of the Omnibus Crime 

3 Control and Safe Streets Act of 1968 (34 U.S.C. 10152), 

4 as added by sections 101 and 102 of this Act, respectively, 

5 and that ensure the reporting under such subsections (h) 

6 and (i) is consistent with data reported under the Death 

7 in Custody Reporting Act of 2013 (34 U.S.C. 60105 et 

8 seq.), section 20104(a)(2) of the Violent Crime Control 

9 and Law Enforcement Act of 1994 (34 U.S.C. 

10 12104(a)(2)), which shall include standard and consistent 

11 definitions for terms, including the term ‘‘use of force’’. 

12 (b) PRIVACY PROTECTIONS.—Nothing in section 101 

13 or 102 shall be construed to supersede the requirements 

14 or limitations under section 552a of title 5, United States 

15 Code (commonly known as the ‘‘Privacy Act of 1974’’). 

16 SEC. 104. COMPLIANCE ASSISTANCE GRANTS. 

17 (a) IN GENERAL.—The Attorney General may award 

18 grants to States and units of local government to assist 

19 in the collection of the information required to be reported 

20 under subsections (h) and (i) of section 501 of title I of 

21 the Omnibus Crime Control and Safe Streets Act of 1968 

22 (34 U.S.C. 10152), as added by sections 101 and 102 of 

23 this Act, respectively. 

24 (b) APPLICATION.—A State or unit of local govern25 ment seeking a grant under this section shall submit an 


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1 application at such time, in such manner, and containing 

2 such information as the Attorney General may require. 

3 (c) AMOUNT OF GRANT.—Each grant awarded under 

4 this section shall be not more than $1,000,000. 

5 (d) DIRECT APPROPRIATIONS.—For the purpose of 

6 making grants under this section, there is authorized to 

7 be appropriated, and there is appropriated, out of any 

8 money in the Treasury not otherwise appropriated, 

9 $112,000,000, to remain available until expended. 

10 SEC. 105. INCENTIVIZING BANNING OF CHOKEHOLDS. 

11 (a) SENSE OF CONGRESS.—It is the sense of Con12 gress that— 

13 (1) chokeholds are extremely dangerous maneu14 vers that can easily result in serious bodily injury or 

15 death; 

16 (2) George Floyd’s death has become a 

17 flashpoint to compel the need to address the use of 

18 chokeholds by law enforcement officers across the 

19 United States; 

20 (3) the National Consensus Policy on Use of 

21 Force, a collaborative effort among 11 of the most 

22 significant law enforcement leadership and labor or23 ganizations in the United States, concluded in a dis24 cussion paper on the use of force that chokeholds 


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1 are extremely dangerous and recommended restrict2 ing their use, consistent with this section; and 

3 (4) law enforcement agencies throughout the 

4 United States must create policies that guard 

5 against the use of this maneuver to help prevent the 

6 death of civilians whom they encounter, and engen7 der more trust and faith among law enforcement of8 ficers and the communities they serve. 

9 (b) INCENTIVIZING BANNING OF CHOKEHOLDS.— 

10 (1) COPS GRANT PROGRAM ELIGIBILITY.—Sec11 tion 1701 of title I of the Omnibus Crime Control 

12 and Safe Streets Act of 1968 (34 U.S.C. 10381), as 

13 amended by section 601 of this Act, is amended by 

14 adding at the end the following: 

15 ‘‘(o) BANNING OF CHOKEHOLDS.— 

16 ‘‘(1) CHOKEHOLD DEFINED.—In this sub17 section, the term ‘chokehold’ means a physical ma18 neuver that restricts an individual’s ability to 

19 breathe for the purposes of incapacitation. 

20 ‘‘(2) LIMITATION ON ELIGIBILITY FOR

21 FUNDS.—Beginning in the first fiscal year beginning 

22 after the date of enactment of the JUSTICE Act, a 

23 State or unit of local government may not receive 

24 funds under this section for a fiscal year if, on the 

25 day before the first day of the fiscal year, the State 


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1 or unit of local government does not have an agency2 wide policy in place for each law enforcement agency 

3 of the State or unit of local government that pro4 hibits the use of chokeholds except when deadly 

5 force is authorized.’’. 

6 (2) BYRNE GRANT PROGRAM ELIGIBILITY.— 

7 Section 501 of title I of the Omnibus Crime Control 

8 and Safe Streets Act of 1968 (34 U.S.C. 10152), as 

9 amended by section 102 of this Act, is amended by 

10 adding at the end the following: 

11 ‘‘(j) BANNING OF CHOKEHOLDS.— 

12 ‘‘(1) CHOKEHOLD DEFINED.—In this sub13 section, the term ‘chokehold’ means a physical ma14 neuver that restricts an individual’s ability to 

15 breathe for the purposes of incapacitation. 

16 ‘‘(2) LIMITATION ON ELIGIBILITY FOR

17 FUNDS.—Beginning in the first fiscal year beginning 

18 after the date of enactment of the JUSTICE Act, a 

19 State or unit of local government may not receive 

20 funds under this part for a fiscal year if, on the day 

21 before the first day of the fiscal year, the State or 

22 unit of local government does not have an agency23 wide policy in place for each law enforcement agency 

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1 hibits the use of chokeholds except when deadly 

2 force is authorized.’’. 

3 (c) FEDERAL LAW ENFORCEMENT AGENCIES.— 

4 (1) DEFINITION.—In this subsection, the term 

5 ‘‘chokehold’’ means a physical maneuver that re6 stricts an individual’s ability to breathe for the pur7 poses of incapacitation. 

8 (2) FEDERAL POLICY.—The Attorney General 

9 shall develop a policy for Federal law enforcement 

10 agencies that bans the use of chokeholds except 

11 when deadly force is authorized. 

12 (3) REQUIREMENT.—The head of each Federal 

13 law enforcement agency shall implement the policy 

14 developed under paragraph (2). 

15 SEC. 106. FALSIFYING POLICE INCIDENT REPORTS. 

16 (a) SENSE OF CONGRESS.—It is the sense of Con17 gress that— 

18 (1) when a law enforcement officer commits an 

19 offense that deprives a citizen of their rights, privi20 leges, and immunities protected under the Constitu21 tion and laws of the United States, that behavior is 

22 penalized to punish those involved and to deter fu23 ture conduct; 


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1 (2) where serious bodily injury or death results 

2 from the acts described in paragraph (1), punish3 ment must be severe; 

4 (3) a law enforcement officer who intentionally 

5 submits a false police report in connection with an 

6 act described in paragraph (1) should also be pun7 ished severely; 

8 (4) false reporting described in paragraph (3) 

9 not only serves to conceal potential criminal conduct 

10 and obstruct the administration of justice, false re11 porting also undermines the trust and confidence 

12 that communities place in law enforcement agencies; 

13 (5) obstruction of justice is intolerable in any 

14 form, particularly in the form described in this sub15 section; 

16 (6) the deterioration of trust and confidence be17 tween law enforcement agencies and communities 

18 must be abated; and 

19 (7) severe penalties must be imposed for indi20 viduals who create false police reports in connection 

21 with criminal civil rights violations resulting in seri22 ous bodily injury or death. 

23 (b) OFFENSE.—Chapter 47 of title 18, United States 

24 Code, is amended by adding at the end the following: 


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1 ‘‘SEC. 1041. FALSE REPORTING. 

2 ‘‘(a) OFFENSE.—It shall be unlawful for any person 

3 to knowingly and willfully falsify a police report in a mate4 rial way with the intent to falsify, conceal, or cover up 

5 a material fact, in furtherance of the deprivation of any 

6 rights, privileges, or immunities secured or protected by 

7 the Constitution or laws of the United States where death 

8 or serious bodily injury (as defined in section 1365) oc9 curs. 

10 ‘‘(b) PENALTY.—Any person who violates subsection 

11 (a) shall be fined under this title, imprisoned for not more 

12 than 20 years, or both.’’. 

13 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

14 The table of sections for chapter 47 of title 18, United 

15 States Code, is amended by inserting after the item relat16 ing to section 1040 the following: 

‘‘1041. False reporting.’’. 

17 (d) SENTENCING ENHANCEMENT FOR FALSIFICA18 TION OF POLICE REPORTS.—Pursuant to its authority 

19 under section 994 of title 28, United States Code, the 

20 United States Sentencing Commission shall review and 

21 amend the Federal sentencing guidelines to ensure that 

22 the guidelines provide an additional penalty increase of not 

23 fewer than 4 offense levels if the defendant knowingly and 

24 willfully falsifies a report in a material way with the intent 

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1 ance of the deprivation of any rights, privileges, or immu2 nities secured or protected by the Constitution or laws of 

3 the United States where death or serious bodily injury oc4 curs. 

5 TITLE II—BODY-WORN CAMERAS 

6 SEC. 201. BODY-WORN CAMERA PARTNERSHIP GRANT PRO7 GRAM. 

8 Subpart 1 of part E of title I of the Omnibus Crime 

9 Control and Safe Streets Act of 1968 (34 U.S.C. 10151 

10 et seq.) is amended by adding at the end the following: 

11 ‘‘SEC. 509. BODY-WORN CAMERA PARTNERSHIP GRANT 

12 PROGRAM. 

13 ‘‘(a) DEFINITIONS.—In this section— 

14 ‘‘(1) the term ‘covered government’ means a 

15 State, unit of local government, or Indian Tribe; 

16 ‘‘(2) the term ‘Director’ means the Director of 

17 the Bureau of Justice Assistance; and 

18 ‘‘(3) the term ‘unit of local government’, not19 withstanding section 901, does not include an Indian 

20 Tribe. 

21 ‘‘(b) AUTHORIZATION OF GRANTS.—The Director 

22 may make grants to eligible covered governments for use 

23 by the covered government for— 

24 ‘‘(1) the purchase of body-worn cameras; 


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1 ‘‘(2) necessary initial supportive technological 

2 infrastructure for body-worn cameras for law en3 forcement officers in the jurisdiction of the grantee; 

4 ‘‘(3) the development of policies and procedures 

5 relating to the use of body-worn cameras; 

6 ‘‘(4) training on the use of body-worn cameras; 

7 ‘‘(5) the storage, retention, viewing, auditing, 

8 and release of footage from body-worn cameras; and 

9 ‘‘(6) personnel, including law enforcement, 

10 prosecution, and criminal defense personnel, to sup11 port the administration of the body-worn camera 

12 program of the covered government. 

13 ‘‘(c) ELIGIBILITY.— 

14 ‘‘(1) APPLICATION.—For a covered government 

15 to be eligible to receive a grant under this section, 

16 the chief executive officer of the covered government 

17 shall submit to the Director an application in such 

18 form and containing such information as the Direc19 tor may require. 

20 ‘‘(2) POLICIES AND PROCEDURES ASSUR21 ANCES.—The application under paragraph (1) shall, 

22 as required by the Director, provide assurances that 

23 the covered government will establish policies and 

24 procedures in accordance with subsection (d). 

25 ‘‘(d) REQUIRED POLICIES AND PROCEDURES.— 


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1 ‘‘(1) IN GENERAL.—A covered government re2 ceiving a grant under this section shall develop poli3 cies and procedures related to the use of body-worn 

4 cameras that— 

5 ‘‘(A) are developed with community input, 

6 including from prosecutors and organizations 

7 representing crime victims, in accordance with 

8 recognized best practices; 

9 ‘‘(B) require that a body-worn camera be 

10 activated when a law enforcement officer ar11 rests or detains any person in the course of the 

12 official duties of the officer, with consideration 

13 to sensitive cases; 

14 ‘‘(C) apply discipline to any law enforce15 ment officer who intentionally fails to ensure 

16 that a body-worn camera is engaged, functional, 

17 and properly secured at all times during which 

18 the camera is required to be worn; 

19 ‘‘(D) require training for— 

20 ‘‘(i) the proper use of body-worn cam21 eras; and 

22 ‘‘(ii) the handling and use of the ob23 tained video and audio recordings; 

24 ‘‘(E) provide clear standards for privacy, 

25 data retention, and use for evidentiary purposes 


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1 in a criminal proceeding, including in the case 

2 of an assault on a law enforcement officer; and 

3 ‘‘(F) make footage available to the public 

4 in response to a valid request under an applica5 ble freedom of information law if the footage 

6 can be made available— 

7 ‘‘(i) without compromising an ongoing 

8 investigation or revealing the identity of 

9 third parties, including victims, inform10 ants, or witnesses; and 

11 ‘‘(ii) with consideration given to the 

12 rights of victims and surviving family 

13 members. 

14 ‘‘(2) PUBLICATION.—A covered government re15 ceiving a grant under this section shall make all 

16 policies and procedures regarding body-worn cam17 eras available on a public website. 

18 ‘‘(3) GUIDANCE.—The Director shall issue 

19 guidance to covered governments related to the re20 quirements under paragraph (1). 

21 ‘‘(e) GRANT AMOUNTS.— 

22 ‘‘(1) MINIMUM AMOUNT.— 

23 ‘‘(A) IN GENERAL.—Each fiscal year, un24 less the Director has awarded a fully funded 

25 grant for each eligible application submitted by 


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1 a State and any units of local government with2 in the State under this section for the fiscal 

3 year, the Director shall allocate to the State 

4 and units of local government within the State 

5 for grants under this section an aggregate 

6 amount that is not less than 0.5 percent of the 

7 total amount appropriated for the fiscal year 

8 for grants under this section. 

9 ‘‘(B) CERTAIN TERRITORIES.—For pur10 poses of the Virgin Islands, American Samoa, 

11 Guam, and the Northern Mariana Islands, sub12 paragraph (A) shall be applied by substituting 

13 ‘0.25 percent’ for ‘0.5 percent’. 

14 ‘‘(2) MAXIMUM AMOUNT.— 

15 ‘‘(A) AMOUNT PER COVERED GOVERN16 MENT.—A covered government may not receive 

17 a grant under this section for a fiscal year in 

18 an amount that is greater than 5 percent of the 

19 total amount appropriated for grants under this 

20 section for the fiscal year. 

21 ‘‘(B) AGGREGATE AMOUNT PER STATE.—A 

22 State and each covered government within the 

23 State may not receive grants under this section 

24 for a fiscal year in an aggregate amount that 

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1 propriated for grants under this section for the 

2 fiscal year. 

3 ‘‘(f) MATCHING FUNDS.—The portion of the costs of 

4 a body-worn camera program provided by a grant under 

5 this section— 

6 ‘‘(1) may not exceed 50 percent; and 

7 ‘‘(2) subject to subsection (e)(2), shall equal 50 

8 percent if the grant is to a unit of local government 

9 with fewer than 100,000 residents. 

10 ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Funds made 

11 available under this section shall not be used to supplant 

12 covered government funds, but shall be used to increase 

13 the amount of funds that would, in the absence of Federal 

14 funds, be made available from covered government sources 

15 for the purposes of this section. 

16 ‘‘(h) REPORTS TO THE DIRECTOR.—A covered gov17 ernment that receives a grant under this section shall sub18 mit to the Director, for each year in which funds from 

19 a grant received under this section are expended, a report 

20 at such time and in such manner as the Director may rea21 sonably require, that contains— 

22 ‘‘(1) a summary of the activities carried out 

23 under the grant and an assessment of whether the 

24 activities are meeting the needs identified in the 

25 grant application; and 


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1 ‘‘(2) such other information as the Director 

2 may require. 

3 ‘‘(i) REPORTS TO CONGRESS.—Not later than 90 

4 days after the end of a fiscal year for which grants are 

5 made under this section, the Director shall submit to Con6 gress a report that includes— 

7 ‘‘(1) the aggregate amount of grants made 

8 under this section to each covered government for 

9 the fiscal year; 

10 ‘‘(2) a summary of the information provided by 

11 covered governments receiving grants under this sec12 tion; and 

13 ‘‘(3) a description of the priorities and plan for 

14 awarding grants among eligible covered govern15 ments, and how the plan will ensure the effective use 

16 of body-worn cameras to protect public safety. 

17 ‘‘(j) DIRECT APPROPRIATIONS.—For the purpose of 

18 making grants under this section, there is appropriated, 

19 to remain available until expended, out of any money in 

20 the Treasury not otherwise appropriated— 

21 ‘‘(1) for fiscal year 2021, $100,000,000; 

22 ‘‘(2) for fiscal year 2022, $100,000,000; 

23 ‘‘(3) for fiscal year 2023, $100,000,000; 

24 ‘‘(4) for fiscal year 2024, $100,000,000; and 

25 ‘‘(5) for fiscal year 2025, $100,000,000.’’. 


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

2 CAMERAS. 

3 (a) DEFINITION.—In this section, the term ‘‘covered 

4 provision’’ means— 

5 (1) section 509 of title I of the Omnibus Crime 

6 Control and Safe Streets Act of 1968, as added by 

7 section 201; and 

8 (2) any other provision of law that makes funds 

9 available for the purchase of body-worn cameras. 

10 (b) REQUIREMENT.— 

11 (1) STATES.—A State that receives funds under 

12 a covered provision shall— 

13 (A) have a policy in place to apply dis14 cipline to any law enforcement officer who in15 tentionally fails to ensure that a body-worn 

16 camera purchased using those funds is engaged, 

17 functional, and properly secured at all times 

18 during which the camera is required to be worn; 

19 and 

20 (B) ensure that any entity to which the 

21 State awards a subgrant under the covered pro22 vision has a policy in place to apply discipline 

23 to any law enforcement officer who intentionally 

24 fails to ensure that a body-worn camera pur25 chased using those funds is engaged, functional, 


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1 and properly secured at all times during which 

2 the camera is required to be worn. 

3 (2) OTHER ENTITIES.—An entity other than a 

4 State that receives funds under a covered provision 

5 shall have a policy in place to apply discipline to any 

6 law enforcement officer who intentionally fails to en7 sure that a body-worn camera purchased using those 

8 funds is engaged, functional, and properly secured at 

9 all times during which the camera is required to be 

10 worn. 

11 (c) COMPLIANCE.— 

12 (1) INELIGIBILITY FOR FUNDS.— 

13 (A) FIRST FISCAL YEAR.— 

14 (i) STATES.—For the first fiscal year 

15 beginning after the date of enactment of 

16 this Act in which a State fails to comply 

17 with subsection (b)(1), the State shall be 

18 subject to a 20-percent reduction of the 

19 funds that would otherwise be provided to 

20 the State under the applicable covered pro21 vision for that fiscal year. 

22 (ii) OTHER ENTITIES.—For the first 

23 fiscal year beginning after the date of en24 actment of this Act in which an entity 

25 other than a State fails to comply with 


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1 subsection (b)(2), the entity shall be sub2 ject to a 20-percent reduction of the funds 

3 that would otherwise be allocated to the 

4 entity under the applicable covered provi5 sion for that fiscal year. 

6 (B) SUBSEQUENT FISCAL YEARS.— 

7 (i) STATES.—Beginning in the first 

8 fiscal year beginning after the first fiscal 

9 year described in subparagraph (A)(i) in 

10 which a State fails to comply with sub11 section (b), the percentage by which the 

12 funds described in subparagraph (A)(i) are 

13 reduced shall be increased by 5 percent 

14 each fiscal year the State fails to comply 

15 with subsection (b), except that such re16 duction shall not exceed 25 percent in any 

17 fiscal year. 

18 (ii) OTHER ENTITIES.—Beginning in 

19 the first fiscal year beginning after the 

20 first fiscal year described in subparagraph 

21 (A)(i) in which a an entity other than a 

22 State fails to comply with subsection (b), 

23 the percentage by which the funds de24 scribed in subparagraph (A)(ii) are re25 duced shall be increased by 5 percent each 


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1 fiscal year the entity fails to comply with 

2 subsection (b), except that such reduction 

3 shall not exceed 25 percent in any fiscal 

4 year. 

5 (2) REALLOCATION.—Amounts not allocated 

6 under covered provision to a State or other entity 

7 for failure to comply with subsection (b) shall be re8 allocated under the covered provision to States or 

9 other entities that have complied with subsection (b). 

10 TITLE III—LAW ENFORCEMENT 

11 RECORDS RETENTION 

12 SEC. 301. LAW ENFORCEMENT RECORDS RETENTION. 

13 (a) IN GENERAL.— Part E of title I of the Omnibus 

14 Crime Control and Safe Streets Acts of 1968 (34 U.S.C. 

15 10151 et seq.) is amended by adding at the end the fol16 lowing: 

17 ‘‘Subpart 4—Law Enforcement Records Retention 

18 ‘‘SEC. 531. LAW ENFORCEMENT RECORDS RETENTION. 

19 ‘‘(a) DEFINITIONS.—In this section— 

20 ‘‘(1) the term ‘applicable covered system’, with 

21 respect to a law enforcement agency, means the cov22 ered system of the covered government of which the 

23 law enforcement agency is part; 

24 ‘‘(2) the term ‘covered government’ means a 

25 State or unit of local government; 


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1 ‘‘(3) the term ‘covered system’ means a system 

2 maintained by a covered government under sub3 section (b); and 

4 ‘‘(4) the term ‘disciplinary record’— 

5 ‘‘(A) means any written document regard6 ing an allegation of misconduct by a law en7 forcement officer that— 

8 ‘‘(i) is substantiated and is adju9 dicated by a government agency or court; 

10 and 

11 ‘‘(ii) results in— 

12 ‘‘(I) adverse action by the em13 ploying law enforcement agency; or 

14 ‘‘(II) criminal charges; and 

15 ‘‘(B) does not include a written document 

16 regarding an allegation described in subpara17 graph (A) if the adjudication described in 

18 clause (i) of that subparagraph has been over19 turned on appeal. 

20 ‘‘(b) RECORDS RETENTION REQUIREMENTS.— 

21 ‘‘(1) RECORDS RETENTION SYSTEM.—A covered 

22 government that receives funds under this part shall 

23 maintain a system for sharing disciplinary records of 

24 law enforcement officers that meets the require25 ments under paragraph (2). 


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1 ‘‘(2) REQUIREMENTS.—In administering a cov2 ered system, a covered government shall— 

3 ‘‘(A) retain each disciplinary record or in4 ternal investigation record regarding a law en5 forcement officer that is prepared by a law en6 forcement agency of the covered government; 

7 ‘‘(B) retain a record of each award or com8 mendation regarding a law enforcement officer 

9 that is prepared by a law enforcement agency 

10 of the covered government; 

11 ‘‘(C) establish a policy that ensures that 

12 each record included in the covered system is 

13 retained and accessible for not less than 30 

14 years; 

15 ‘‘(D) allow a law enforcement officer, coun16 sel for a law enforcement officer, or the rep17 resentative organization of a law enforcement 

18 officer to— 

19 ‘‘(i) submit information to the covered 

20 system relating to a disciplinary record or 

21 internal investigation record regarding the 

22 law enforcement officer that is retained 

23 under subparagraph (A); or 

24 ‘‘(ii) obtain access to the covered sys25 tem in order to review a disciplinary record 


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1 or internal investigation record described 

2 in clause (i); 

3 ‘‘(E) allow any Federal, State, or local law 

4 enforcement agency to access any record in5 cluded in the covered system for the purpose of 

6 making a decision to hire a law enforcement of7 ficer; 

8 ‘‘(F) require that, before hiring a law en9 forcement officer, a representative of a law en10 forcement agency of the covered government 

11 with hiring authority— 

12 ‘‘(i) search the applicable covered sys13 tem of each law enforcement agency that 

14 has employed the applicant as a law en15 forcement officer in order to determine 

16 whether the applicant has a disciplinary 

17 record, internal investigation record, or 

18 record of an award or commendation on 

19 file; and 

20 ‘‘(ii) if a record described in clause (i) 

21 exists, review the record in full before hir22 ing the law enforcement officer; and 

23 ‘‘(G) prohibit access to the covered system 

24 by any individual other than an individual who 


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1 is authorized to access the covered system for 

2 purposes of— 

3 ‘‘(i) submitting records or other infor4 mation to the covered system as described 

5 in subparagraphs (A), (B), and (D); or 

6 ‘‘(ii) reviewing records or other infor7 mation in the covered system as described 

8 in subparagraphs (E) and (F). 

9 ‘‘(c) INELIGIBILITY FOR FUNDS.— 

10 ‘‘(1) IN GENERAL.— A covered government 

11 may not receive funds under section 505, 506, 515, 

12 or 516 unless the covered government is in compli13 ance with subsection (b) of this section. 

14 ‘‘(2) REALLOCATION.—Amounts not allocated 

15 under a section referred to in paragraph (1) to a 

16 covered government for failure to comply with sub17 section (b) shall be reallocated under that section to 

18 covered governments that have complied with sub19 section (b). 

20 ‘‘(d) ONE-TIME GRANT.— 

21 ‘‘(1) IN GENERAL.—The Attorney General shall 

22 award a grant to each State, using an apportion23 ment formula that reflects the differences between 

24 each State, to be used by the State and units of 


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1 local government within the State to establish cov2 ered systems. 

3 ‘‘(2) AMOUNT.—The amount of a grant award4 ed to a State under paragraph (1) shall be not less 

5 than $1,000,000. 

6 ‘‘(3) DIRECT APPROPRIATIONS.—For the pur7 pose of making grants under this subsection, there 

8 is authorized to be appropriated, and there is appro9 priated, out of any money in the Treasury not other10 wise appropriated, $100,000,000, to remain avail11 able until expended. 

12 ‘‘(e) INDEMNIFICATION.— 

13 ‘‘(1) IN GENERAL.—The United States shall in14 demnify and hold harmless a covered government, 

15 and any law enforcement agency thereof, against 

16 any claim (including reasonable expenses of litiga17 tion or settlement) by any person or entity related 

18 to— 

19 ‘‘(A) the retention of records in a covered 

20 system as required under subsection (b); or 

21 ‘‘(B) the review of records included in a 

22 covered system as required under subsection 

23 (b). 

24 ‘‘(2) LIMITATION.—Paragraph (1) shall not 

25 apply to the release of a record— 


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1 ‘‘(A) to a non-law enforcement entity or in2 dividual; or 

3 ‘‘(B) for a purpose other than making a 

4 decision to hire a law enforcement officer.’’. 

5 (b) EFFECTIVE DATE.—Section 531(c) of title I of 

6 the Omnibus Crime Control and Safe Streets Acts of 

7 1968, as added by subsection (a), shall take effect on Oc8 tober 1 of the first fiscal year beginning after the date 

9 of enactment of this Act. 

10 TITLE IV—JUSTICE FOR VICTIMS 

11 OF LYNCHING 

12 SEC. 401. SHORT TITLE. 

13 This title may be cited as the ‘‘Justice for Victims 

14 of Lynching Act of 2020’’. 

15 SEC. 402. FINDINGS. 

16 Congress finds the following: 

17 (1) The crime of lynching succeeded slavery as 

18 the ultimate expression of racism in the United 

19 States following Reconstruction. 

20 (2) Lynching was a widely acknowledged prac21 tice in the United States until the middle of the 

22 20th century. 

23 (3) Lynching was a crime that occurred 

24 throughout the United States, with documented inci25 dents in all but 4 States. 


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1 (4) At least 4,742 people, predominantly Afri2 can Americans, were reported lynched in the United 

3 States between 1882 and 1968. 

4 (5) Ninety-nine percent of all perpetrators of 

5 lynching escaped from punishment by State or local 

6 officials. 

7 (6) Lynching prompted African Americans to 

8 form the National Association for the Advancement 

9 of Colored People (referred to in this section as the 

10 ‘‘NAACP’’) and prompted members of B’nai B’rith 

11 to found the Anti-Defamation League. 

12 (7) Mr. Walter White, as a member of the 

13 NAACP and later as the executive secretary of the 

14 NAACP from 1931 to 1955, meticulously inves15 tigated lynchings in the United States and worked 

16 tirelessly to end segregation and racialized terror. 

17 (8) Nearly 200 anti-lynching bills were intro18 duced in Congress during the first half of the 20th 

19 century. 

20 (9) Between 1890 and 1952, 7 Presidents peti21 tioned Congress to end lynching. 

22 (10) Between 1920 and 1940, the House of 

23 Representatives passed 3 strong anti-lynching meas24 ures. 


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1 (11) Protection against lynching was the min2 imum and most basic of Federal responsibilities, and 

3 the Senate considered but failed to enact anti-lynch4 ing legislation despite repeated requests by civil 

5 rights groups, Presidents, and the House of Rep6 resentatives to do so. 

7 (12) The publication of ‘‘Without Sanctuary: 

8 Lynching Photography in America’’ helped bring 

9 greater awareness and proper recognition of the vic10 tims of lynching. 

11 (13) Only by coming to terms with history can 

12 the United States effectively champion human rights 

13 abroad. 

14 (14) An apology offered in the spirit of true re15 pentance moves the United States toward reconcili16 ation and may become central to a new under17 standing, on which improved racial relations can be 

18 forged. 

19 (15) Having concluded that a reckoning with 

20 our own history is the only way the country can ef21 fectively champion human rights abroad, 90 Mem22 bers of the United States Senate agreed to Senate 

23 Resolution 39, 109th Congress, on June 13, 2005, 

24 to apologize to the victims of lynching and the deVerDate Sep 11 2014 22:41 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S3985.PCS S3985

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1 scendants of those victims for the failure of the Sen2 ate to enact anti-lynching legislation. 

3 (16) The National Memorial for Peace and Jus4 tice, which opened to the public in Montgomery, Ala5 bama, on April 26, 2018, is the Nation’s first memo6 rial dedicated to the legacy of enslaved Black people, 

7 people terrorized by lynching, African Americans hu8 miliated by racial segregation and Jim Crow, and 

9 people of color burdened with contemporary pre10 sumptions of guilt and police violence. 

11 (17) Notwithstanding the Senate’s apology and 

12 the heightened awareness and education about the 

13 Nation’s legacy with lynching, it is wholly necessary 

14 and appropriate for the Congress to enact legisla15 tion, after 100 years of unsuccessful legislative ef16 forts, finally to make lynching a Federal crime. 

17 (18) Further, it is the sense of Congress that 

18 criminal action by a group increases the likelihood 

19 that the criminal object of that group will be suc20 cessfully attained and decreases the probability that 

21 the individuals involved will depart from their path 

22 of criminality. Therefore, it is appropriate to specify 

23 criminal penalties for the crime of lynching, or any 

24 attempt or conspiracy to commit lynching. 


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1 (19) The United States Senate agreed to unani2 mously Senate Resolution 118, 115th Congress, on 

3 April 5, 2017, ‘‘[c]ondemning hate crime and any 

4 other form of racism, religious or ethnic bias, dis5 crimination, incitement to violence, or animus tar6 geting a minority in the United States’’ and taking 

7 notice specifically of Federal Bureau of Investigation 

8 statistics demonstrating that ‘‘among single-bias 

9 hate crime incidents in the United States, 59.2 per10 cent of victims were targeted due to racial, ethnic, 

11 or ancestral bias, and among those victims, 52.2 

12 percent were victims of crimes motivated by the of13 fenders’ anti-Black or anti-African American bias’’. 

14 (20) On September 14, 2017, President Donald 

15 J. Trump signed into law Senate Joint Resolution 

16 49 (Public Law 115–58; 131 Stat. 1149), wherein 

17 Congress ‘‘condemn[ed] the racist violence and do18 mestic terrorist attack that took place between Au19 gust 11 and August 12, 2017, in Charlottesville, 

20 Virginia’’ and ‘‘urg[ed] the President and his admin21 istration to speak out against hate groups that 

22 espouse racism, extremism, xenophobia, anti-Semi23 tism, and White supremacy; and use all resources 

24 available to the President and the President’s CabiVerDate Sep 11 2014 22:41 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S3985.PCS S3985

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1 net to address the growing prevalence of those hate 

2 groups in the United States’’. 

3 (21) Senate Joint Resolution 49 (Public Law 

4 115–58; 131 Stat. 1149) specifically took notice of 

5 ‘‘hundreds of torch-bearing White nationalists, 

6 White supremacists, Klansmen, and neo-Nazis [who] 

7 chanted racist, anti-Semitic, and anti-immigrant slo8 gans and violently engaged with counter-demonstra9 tors on and around the grounds of the University of 

10 Virginia in Charlottesville’’ and that these groups 

11 ‘‘reportedly are organizing similar events in other 

12 cities in the United States and communities every13 where are concerned about the growing and open 

14 display of hate and violence being perpetrated by 

15 those groups’’. 

16 (22) Lynching was a pernicious and pervasive 

17 tool that was used to interfere with multiple aspects 

18 of life—including the exercise of Federally protected 

19 rights, as enumerated in section 245 of title 18, 

20 United States Code, housing rights, as enumerated 

21 in section 901 of the Civil Rights Act of 1968 (42 

22 U.S.C. 3631), and the free exercise of religion, as 

23 enumerated in section 247 of title 18, United States 

24 Code. Interference with these rights was often effec25 tuated by multiple offenders and groups, rather than 


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1 isolated individuals. Therefore, prohibiting conspir2 acies to violate each of these rights recognizes the 

3 history of lynching in the United States and serves 

4 to prohibit its use in the future. 

5 SEC. 403. LYNCHING. 

6 (a) OFFENSE.—Chapter 13 of title 18, United States 

7 Code, is amended by adding at the end the following: 

8 ‘‘§ 250. Lynching 

9 ‘‘Whoever conspires with another person to violate 

10 section 245, 247, or 249 of this title or section 901 of 

11 the Civil Rights Act of 1968 (42 U.S.C. 3631) shall be 

12 punished in the same manner as a completed violation of 

13 such section, except that if the maximum term of impris14 onment for such completed violation is less than 10 years, 

15 the person may be imprisoned for not more than 10 

16 years.’’. 

17 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

18 sections for chapter 13 of title 18, United States Code, 

19 is amended by inserting after the item relating to section 

20 249 the following: 

‘‘250. Lynching.’’. 


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1 TITLE V—COMMISSION ON THE 

2 SOCIAL STATUS OF BLACK 

3 MEN AND BOYS ACT 

4 SEC. 501. SHORT TITLE. 

5 This title may be cited as the ‘‘Commission on the 

6 Social Status of Black Men and Boys Act’’. 

7 SEC. 502. COMMISSION ESTABLISHMENT AND MEMBER8 SHIP. 

9 (a) ESTABLISHMENT.—The Commission on the So10 cial Status of Black Men and Boys (hereinafter in this 

11 title referred to as ‘‘the Commission’’) is established with12 in the United States Commission on Civil Rights Office 

13 of the Staff Director. 

14 (b) MEMBERSHIP.—The Commission shall consist of 

15 19 members appointed as follows: 

16 (1) The Senate majority leader shall appoint 

17 one member who is not employed by the Federal 

18 Government and is an expert on issues affecting 

19 Black men and boys in America. 

20 (2) The Senate minority leader shall appoint 

21 one member who is not employed by the Federal 

22 Government and is an expert on issues affecting 

23 Black men and boys in America. 

24 (3) The House of Representatives majority 

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1 ployed by the Federal Government and is an expert 

2 on issues affecting Black men and boys in America. 

3 (4) The House of Representatives minority 

4 leader shall appoint one member who is not em5 ployed by the Federal Government and is an expert 

6 on issues affecting Black men and boys in America. 

7 (5) The Chair of the Congressional Black Cau8 cus shall be a member of the Commission, as well 

9 as 5 additional Members of the Congressional Black 

10 Caucus who shall be individuals that either sit on 

11 the following committees of relevant jurisdiction or 

12 are experts on issues affecting Black men and boys 

13 in the United States, including— 

14 (A) education; 

15 (B) justice and Civil Rights; 

16 (C) healthcare; 

17 (D) labor and employment; and 

18 (E) housing. 

19 (6) The Staff Director of the United States 

20 Commission on Civil Rights shall appoint one mem21 ber from within the staff of the United States Com22 mission on Civil Rights who is an expert in issues 

23 relating to Black men and boys. 

24 (7) The Chair of the United States Equal Em25 ployment Opportunity Commission shall appoint one 


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1 member from within the staff of the United States 

2 Equal Employment Opportunity Commission who is 

3 an expert in equal employment issues impacting 

4 Black men. 

5 (8) The Secretary of Education shall appoint 

6 one member from within the Department of Edu7 cation who is an expert in urban education. 

8 (9) The Attorney General shall appoint one 

9 member from within the Department of Justice who 

10 is an expert in racial disparities within the criminal 

11 justice system. 

12 (10) The Secretary of Health and Human Serv13 ices shall appoint one member from within the De14 partment of Health and Human Services who is an 

15 expert in health issues facing Black men. 

16 (11) The Secretary of Housing and Urban De17 velopment shall appoint one member from within the 

18 Department of Housing and Urban Development 

19 who is an expert in housing and development in 

20 urban communities. 

21 (12) The Secretary of Labor shall appoint one 

22 member from within the Department of Labor who 

23 is an expert in labor issues impacting Black men. 

24 (13) The President of the United States shall 

25 appoint 2 members who are not employed by the 


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1 Federal Government and are experts on issues af2 fecting Black men and boys in America. 

3 (c) MEMBERSHIP BY POLITICAL PARTY.—If after the 

4 Commission is appointed there is a partisan imbalance of 

5 Commission members, the congressional leaders of the po6 litical party with fewer members on the Commission shall 

7 jointly name additional members to create partisan parity 

8 on the Commission. 

9 SEC. 503. OTHER MATTERS RELATING TO APPOINTMENT; 

10 REMOVAL. 

11 (a) TIMING OF INITIAL APPOINTMENTS.—Each ini12 tial appointment to the Commission shall be made no later 

13 than 90 days after the Commission is established. If any 

14 appointing authorities fail to appoint a member to the 

15 Commission, their appointment shall be made by the Staff 

16 Director of the Commission on Civil Rights. 

17 (b) TERMS.—Except as otherwise provided in this 

18 section, the term of a member of the Commission shall 

19 be 4 years. For the purpose of providing staggered terms, 

20 the first term of those members initially appointed under 

21 paragraphs (1) through (5) of section 502 shall be ap22 pointed to 2-year terms with all other terms lasting 4 

23 years. Members are eligible for consecutive reappointment. 

24 (c) REMOVAL.—A member of the Commission may 

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1 pointing authority should the member fail to meet Com2 mission responsibilities. Once the seat becomes vacant, the 

3 appointing authority is responsible for filling the vacancy 

4 in the Commission before the next meeting. 

5 (d) VACANCIES.—The appointing authority of a 

6 member of the Commission shall either reappoint that 

7 member at the end of that member’s term or appoint an8 other person meeting the qualifications for that appoint9 ment. In the event of a vacancy arising during a term, 

10 the appointing authority shall, before the next meeting of 

11 the Commission, appoint a replacement to finish that 

12 term. 

13 SEC. 504. LEADERSHIP ELECTION. 

14 At the first meeting of the Commission each year, 

15 the members shall elect a Chair and a Secretary. A va16 cancy in the Chair or Secretary shall be filled by vote of 

17 the remaining members. The Chair and Secretary are eli18 gible for consecutive reappointment. 

19 SEC. 505. COMMISSION DUTIES AND POWERS. 

20 (a) STUDY.— 

21 (1) IN GENERAL.—The Commission shall con22 duct a systematic study of the conditions affecting 

23 Black men and boys, including homicide rates, ar24 rest and incarceration rates, poverty, violence, fa25 therhood, mentorship, drug abuse, death rates, disVerDate Sep 11 2014 22:41 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S3985.PCS S3985

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1 parate income and wealth levels, school performance 

2 in all grade levels including postsecondary education 

3 and college, and health issues. 

4 (2) TRENDS.—The Commission shall document 

5 trends regarding the topics described in paragraph 

6 (1) and report on the community impacts of relevant 

7 government programs within the scope of such top8 ics. 

9 (b) PROPOSAL OF MEASURES.—The Commission 

10 shall propose measures to alleviate and remedy the under11 lying causes of the conditions described in subsection (a), 

12 which may include recommendations of changes to the 

13 law, recommendations for how to implement related poli14 cies, and recommendations for how to create, develop, or 

15 improve upon government programs. 

16 (c) SUGGESTIONS AND COMMENTS.—The Commis17 sion shall accept suggestions or comments pertinent to the 

18 applicable issues from members of Congress, governmental 

19 agencies, public and private organizations, and private 

20 citizens. 

21 (d) STAFF AND ADMINISTRATIVE SUPPORT.—The 

22 Office of the Staff Director of the United States Commis23 sion on Civil Rights shall provide staff and administrative 

24 support to the Commission. All entities of the United 


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1 States Government shall provide information that is other2 wise a public record at the request of the Commission. 

3 SEC. 506. COMMISSION MEETING REQUIREMENTS. 

4 (a) FIRST MEETING.—The first meeting of the Com5 mission shall take place no later than 30 days after the 

6 initial members are all appointed. Meetings shall be fo7 cused on significant issues impacting Black men and boys, 

8 for the purpose of initiating research ideas and delegating 

9 research tasks to Commission members to initiate the first 

10 annual report described in section 507. 

11 (b) QUARTERLY MEETINGS.—The Commission shall 

12 meet quarterly. In addition to all quarterly meetings, the 

13 Commission shall meet at other times at the call of the 

14 Chair or as determined by a majority of Commission mem15 bers. 

16 (c) QUORUM; RULE FOR VOTING ON FINAL AC17 TIONS.—A majority of the members of the Commission 

18 constitute a quorum, and an affirmative vote of a majority 

19 of the members present is required for final action. 

20 (d) EXPECTATIONS FOR ATTENDANCE BY MEM21 BERS.—Members are expected to attend all Commission 

22 meetings. In the case of an absence, members are expected 

23 to report to the Chair prior to the meeting and allowance 

24 may be made for an absent member to participate re25 motely. Members will still be responsible for fulfilling prior 


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1 commitments, regardless of attendance status. If a mem2 ber is absent twice in a given year, he or she will be re3 viewed by the Chair and appointing authority and further 

4 action will be considered, including removal and replace5 ment on the Commission. 

6 (e) MINUTES.—Minutes shall be taken at each meet7 ing by the Secretary, or in that individual’s absence, the 

8 Chair shall select another Commission member to take 

9 minutes during that absence. The Commission shall make 

10 its minutes publicly available and accessible not later than 

11 one week after each meeting. 

12 SEC. 507. ANNUAL REPORT GUIDELINES. 

13 The Commission shall make an annual report, begin14 ning the year of the first Commission meeting. The report 

15 shall address the current conditions affecting Black men 

16 and boys and make recommendations to address these 

17 issues. The report shall be submitted to the President, the 

18 Congress, members of the President’s Cabinet, and the 

19 chairs of the appropriate committees of jurisdiction. The 

20 Commission shall make the report publicly available online 

21 on a centralized Federal website. 

22 SEC. 508. COMMISSION COMPENSATION. 

23 Members of the Commission shall serve on the Com24 mission without compensation. 


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1 TITLE VI—ALTERNATIVES TO 

2 THE USE OF FORCE, DE-ESCA3 LATION, BEHAVIORAL 

4 HEALTH CRISES AND DUTY 

5 TO INTERVENE TRAINING 

6 SEC. 601. TRAINING ON ALTERNATIVES TO USE OF FORCE, 

7 DE-ESCALATION, AND BEHAVIORAL HEALTH 

8 CRISES. 

9 (a) DEFINITIONS.—Section 901(a) of title I of the 

10 Omnibus Crime Control and Safe Streets Act of 1968 (34 

11 U.S.C. 10251(a)) is amended— 

12 (1) in paragraph (27), by striking ‘‘and’’ at the 

13 end; 

14 (2) in paragraph (28), by striking the period at 

15 the end and inserting a semicolon; and 

16 (3) by adding at the end the following: 

17 ‘‘(29) the term ‘de-escalation’ means taking ac18 tion or communicating verbally or non-verbally dur19 ing a potential force encounter in an attempt to sta20 bilize the situation and reduce the immediacy of the 

21 threat so that more time, options, and resources can 

22 be called upon to resolve the situation without the 

23 use of force or with a reduction in the force nec24 essary; and 


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1 ‘‘(30) the term ‘behavioral health crisis’ means 

2 a situation in which the behavior of a person puts 

3 the person at risk of hurting himself or herself or 

4 others or prevents the person from being able to 

5 care for himself or herself or function effectively in 

6 the community, including a situation in which a per7 son is under the influence of a drug or alcohol, is 

8 suicidal, or experiences symptoms of a mental ill9 ness.’’. 

10 (b) COPS PROGRAM.—Section 1701 of title I of the 

11 Omnibus Crime Control and Safe Streets Act of 1968 (34 

12 U.S.C. 10381) is amended by adding at the end the fol13 lowing: 

14 ‘‘(n) TRAINING IN ALTERNATIVES TO USE OF

15 FORCE, DE-ESCALATION TECHNIQUES, AND BEHAVIORAL

16 HEALTH CRISES.— 

17 ‘‘(1) TRAINING CURRICULA.—The Attorney 

18 General, in consultation with relevant law enforce19 ment agencies of States and units of local govern20 ment, labor organizations, professional law enforce21 ment organizations, and mental health organiza22 tions, shall develop training curricula in— 

23 ‘‘(A) alternatives to use of force and de-es24 calation tactics; and 


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1 ‘‘(B) safely responding to a person experi2 encing a behavioral health crisis, including tech3 niques and strategies that are designed to pro4 tect the safety of the person experiencing the 

5 behavioral health crisis, law enforcement offi6 cers, and the public. 

7 ‘‘(2) CERTIFIED PROGRAMS.—The Attorney 

8 General shall establish a process to certify public 

9 and private entities that offer courses in alternatives 

10 to use of force, de-escalation tactics, and techniques 

11 and strategies for responding to a behavioral health 

12 crisis using the training curricula established under 

13 paragraph (1) or equivalents to the training cur14 ricula established under paragraph (1). 

15 ‘‘(3) TRANSITIONAL REGIONAL TRAINING PRO16 GRAMS FOR STATE AND LOCAL AGENCY PER17 SONNEL.—Until the end of fiscal year 2023, the At18 torney General shall, and thereafter may, provide re19 gional training to equip and certify personnel from 

20 law enforcement agencies of States and units of local 

21 government in a State to conduct training using the 

22 training curricula established under paragraph (1). 

23 ‘‘(4) LIST.—The Attorney General shall publish 

24 a list of law enforcement agencies of States and 

25 units of local government that employ officers who 


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1 have successfully completed a course described under 

2 paragraph (2) or (3), which shall include— 

3 ‘‘(A) the total number of law enforcement 

4 officers employed by the agency; 

5 ‘‘(B) the number of officers who have com6 pleted the course; and 

7 ‘‘(C) whether personnel from the law en8 forcement agency are certified to conduct train9 ing. 

10 ‘‘(5) DIRECT APPROPRIATIONS.—For the pur11 pose of making grants under this subsection, there 

12 is appropriated, to remain available until expended, 

13 out of any money in the Treasury not otherwise ap14 propriated— 

15 ‘‘(A) for fiscal year 2021, $20,000,000; 

16 ‘‘(B) for fiscal year 2022, $20,000,000; 

17 ‘‘(C) for fiscal year 2023, $20,000,000; 

18 ‘‘(D) for fiscal year 2024, $20,000,000; 

19 and 

20 ‘‘(E) for fiscal year 2025, $20,000,000.’’. 

21 (c) BYRNE JAG PROGRAM.—Subpart 1 of part E of 

22 title I of the Omnibus Crime Control and Safe Streets Act 

23 of 1968 (34 U.S.C. 10151 et seq.) is amended— 

24 (1) by redesignating section 508 as section 511; 

25 and 


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1 (2) by inserting after section 507 the following: 

2 ‘‘SEC. 508. LAW ENFORCEMENT TRAINING PROGRAMS. 

3 ‘‘(a) DEFINITIONS.—In this section— 

4 ‘‘(1) the term ‘approved course in alternatives 

5 to use of force, de-escalation tactics, or techniques 

6 and strategies for responding to a behavioral health 

7 crisis’ means a course using the training curricula 

8 established under section 1701(n)(1) or equivalents 

9 to such training curricula— 

10 ‘‘(A) provided by the Attorney General 

11 under section 1701(n)(3); or 

12 ‘‘(B) provided by a certified entity; and 

13 ‘‘(2) the term ‘certified entity’ means a public 

14 or private entity that has been certified by the At15 torney General under section 1701(n)(2). 

16 ‘‘(b) AUTHORITY.—The Attorney General shall, from 

17 amounts made available for this purpose under subsection 

18 (e), make grants to States for use by the State or a unit 

19 of government located in the State to— 

20 ‘‘(1) pay for costs associated with conducting 

21 the training and for attendance by law enforcement 

22 personnel at an approved course in alternatives to 

23 use of force, de-escalation tactics, or techniques and 

24 strategies for responding to a behavioral health cri25 sis; and 


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1 ‘‘(2) procure training in alternatives to use of 

2 force, de-escalation tactics, or techniques and strate3 gies for responding to a behavioral health crisis from 

4 a certified entity. 

5 ‘‘(c) ALLOCATION OF FUNDS.— 

6 ‘‘(1) IN GENERAL.—Of the total amount appro7 priated to carry out this section for a fiscal year, the 

8 Attorney General shall allocate funds to each State 

9 in proportion to the total number of law enforcement 

10 officers in the State as compared to the total num11 ber of law enforcement officers in the United States. 

12 ‘‘(2) TRAINING FOR STATE LAW ENFORCEMENT

13 OFFICERS.—Each State may retain from the total 

14 amount of funds provided to the State for the pur15 poses described in this section an amount that is not 

16 more than the amount that bears the same ratio to 

17 the total amount of funds as the ratio of— 

18 ‘‘(A) the total number of law enforcement 

19 officers employed by the State; to 

20 ‘‘(B) the total number of law enforcement 

21 officers employed by the State and units of 

22 local government within the State. 

23 ‘‘(3) TRAINING FOR LOCAL LAW ENFORCEMENT

24 OFFICERS.—A State shall make available to units of 

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1 scribed in this section the amounts remaining after 

2 a State retains funds under paragraph (2). At the 

3 request of a unit of local government, the State may 

4 use an amount of the funds allocated to the unit of 

5 local government under this paragraph to facilitate 

6 training in alternatives to use of force, de-escalation 

7 tactics, or techniques and strategies for responding 

8 to a behavioral health crisis to law enforcement offi9 cers employed by the unit of local government. 

10 ‘‘(d) REPORTING.— 

11 ‘‘(1) UNITS OF LOCAL GOVERNMENT.—Any 

12 unit of local government that receives funds from a 

13 State under subsection (c)(3) shall submit to the 

14 State a report indicating— 

15 ‘‘(A) the number of law enforcement offi16 cers that have completed training described in 

17 this section; 

18 ‘‘(B) the total number of law enforcement 

19 officers employed by the unit of local govern20 ment; and 

21 ‘‘(C) any barriers to providing the training. 

22 ‘‘(2) STATES.—Any State that receives funds 

23 under subsection (c)(2) shall, after receiving the re24 ports described in paragraph (1), submit to the At25 torney General— 


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1 ‘‘(A) such reports; and 

2 ‘‘(B) a report by the State indicating— 

3 ‘‘(i) the number of law enforcement 

4 officers employed by the State that have 

5 completed training described in this sec6 tion; 

7 ‘‘(ii) the total number of law enforce8 ment officers employed by the State; and 

9 ‘‘(iii) any barriers to providing the 

10 training. 

11 ‘‘(e) DIRECT APPROPRIATIONS.—For the purpose of 

12 making grants under this section, there is appropriated, 

13 to remain available until expended, out of any money in 

14 the Treasury not otherwise appropriated— 

15 ‘‘(1) for fiscal year 2021, $50,000,000; 

16 ‘‘(2) for fiscal year 2022, $50,000,000; 

17 ‘‘(3) for fiscal year 2023, $50,000,000; 

18 ‘‘(4) for fiscal year 2024, $50,000,000; and 

19 ‘‘(5) for fiscal year 2025, $50,000,000.’’. 

20 SEC. 602. TRAINING ON DUTY TO INTERVENE. 

21 Subpart 1 of part E of Title I of the Omnibus Crime 

22 Control and Safe Streets Act of 1968 (34 U.S.C. 10151 

23 et seq.), as amended by section 201, is amended by adding 

24 at the end the following: 


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1 ‘‘SEC. 510. TRAINING ON DUTY TO INTERVENE. 

2 ‘‘(a) TRAINING PROGRAM.— 

3 ‘‘(1) IN GENERAL.—The Attorney General, in 

4 consultation with relevant law enforcement agencies 

5 of States and units of local governments and organi6 zations representing rank and file law enforcement 

7 officers, shall develop a training curriculum for law 

8 enforcement agencies and officers on the develop9 ment, implementation, fulfillment, and enforcement 

10 of a duty of a law enforcement officer to intervene 

11 when another law enforcement officer is engaged in 

12 excessive use of force. 

13 ‘‘(2) CERTIFIED PROGRAMS.—The Attorney 

14 General shall establish a process to certify public 

15 and private entities that offer courses on the duty to 

16 intervene that are equivalent to the training cur17 riculum established under paragraph (1). 

18 ‘‘(3) TRANSITIONAL REGIONAL TRAINING PRO19 GRAMS.—Until the end of fiscal year 2023, the At20 torney General shall provide regional training work21 shops for law enforcement officers of States and 

22 units of local government, using the training cur23 riculum established under paragraph (1). 

24 ‘‘(4) LIST.—The Attorney General shall publish 

25 a list of law enforcement agencies of States and 

26 units of local government that employ officers who 


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1 have successfully completed a course described under 

2 paragraph (2) or (3), which shall include the total 

3 number of law enforcement officers employed by the 

4 agency and the number of officers who have com5 pleted the course. 

6 ‘‘(b) GRANT PROGRAM.— 

7 ‘‘(1) AUTHORIZATION.—The Attorney General 

8 may make grants to State and local law enforcement 

9 agencies to— 

10 ‘‘(A) pay for costs associated with attend11 ance by law enforcement personnel at a training 

12 course approved by the Attorney General under 

13 paragraph (2) or (3) of subsection (a); and 

14 ‘‘(B) procure training in the duty to inter15 vene from a public or private entity certified 

16 under subsection (a)(2). 

17 ‘‘(2) APPLICATION.—Each State or local law 

18 enforcement agency seeking a grant under this sub19 section shall submit an application to the Attorney 

20 General at such time, in such manner, and con21 taining such information as the Attorney General 

22 may require. 

23 ‘‘(c) DIRECT APPROPRIATIONS.—For the purpose of 

24 making grants under this section, there is appropriated, 


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1 to remain available until expended, out of any money in 

2 the Treasury not otherwise appropriated— 

3 ‘‘(1) for fiscal year 2021, $100,000,000; 

4 ‘‘(2) for fiscal year 2022, $100,000,000; 

5 ‘‘(3) for fiscal year 2023, $100,000,000; 

6 ‘‘(4) for fiscal year 2024, $100,000,000; and 

7 ‘‘(5) for fiscal year 2025, $100,000,000.’’. 

8 TITLE VII—NATIONAL CRIMINAL 

9 JUSTICE COMMISSION ACT 

10 SEC. 701. SHORT TITLE. 

11 This title may be cited as the ‘‘National Criminal 

12 Justice Commission Act of 2020’’. 

13 SEC. 702. FINDINGS. 

14 Congress finds that— 

15 (1) it is in the interest of the United States to 

16 establish a commission to undertake a comprehen17 sive review of the criminal justice system; 

18 (2) there has not been a comprehensive study 

19 since the President’s Commission on Law Enforce20 ment and Administration of Justice was established 

21 in 1965; 

22 (3) in a span of 18 months, the President’s 

23 Commission on Law Enforcement and Administra24 tion of Justice produced a comprehensive report en25 titled ‘‘The Challenge of Crime in a Free Society’’, 


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1 which contained 200 specific recommendations on all 

2 aspects of the criminal justice system involving— 

3 (A) Federal, State, Tribal, and local gov4 ernments; 

5 (B) civic organizations; 

6 (C) religious institutions; 

7 (D) business groups; and 

8 (E) individual citizens; and 

9 (4) developments over the intervening 50 years 

10 require once again that Federal, State, Tribal, and 

11 local governments, law enforcement agencies, includ12 ing rank and file officers, civil rights organizations, 

13 community-based organization leaders, civic organi14 zations, religious institutions, business groups, and 

15 individual citizens come together to review evidence 

16 and consider how to improve the criminal justice 

17 system. 

18 SEC. 703. ESTABLISHMENT OF COMMISSION. 

19 There is established a commission to be known as the 

20 ‘‘National Criminal Justice Commission’’ (referred to in 

21 this title as the ‘‘Commission’’). 

22 SEC. 704. PURPOSE OF THE COMMISSION. 

23 The Commission shall— 

24 (1) undertake a comprehensive review of the 

25 criminal justice system; 


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1 (2) submit to the President and Congress rec2 ommendations for Federal criminal justice reform; 

3 and 

4 (3) disseminate findings and supplemental guid5 ance to the Federal Government, as well as to State, 

6 local, and Tribal governments. 

7 SEC. 705. REVIEW, RECOMMENDATIONS, AND REPORT. 

8 (a) GENERAL REVIEW.—The Commission shall un9 dertake a comprehensive review of all areas of the criminal 

10 justice system, including the criminal justice costs, prac11 tices, and policies of the Federal, State, local, and Tribal 

12 governments. 

13 (b) RECOMMENDATIONS.— 

14 (1) IN GENERAL.—Not later than 18 months 

15 after the date of the first meeting of the Commis16 sion, the Commission shall submit to the President 

17 and Congress recommendations for changes in Fed18 eral oversight, policies, practices, and laws designed 

19 to prevent, deter, and reduce crime and violence, re20 duce recidivism, improve cost-effectiveness, and en21 sure the interests of justice at every step of the 

22 criminal justice system. 

23 (2) UNANIMOUS CONSENT.—If a unanimous 

24 vote of the members of the Commission at a meeting 

25 where a quorum is present pursuant to section 


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1 706(d) approves a recommendation of the Commis2 sion, the Commission may adopt and submit the rec3 ommendation under paragraph (1). 

4 (3) PUBLIC ACCESS.—The recommendations 

5 submitted under this subsection shall be made avail6 able to the public. 

7 (c) REPORT.— 

8 (1) IN GENERAL.—Not later than 18 months 

9 after the date of the first meeting of the Commis10 sion, the Commission shall disseminate to the Fed11 eral Government, as well as to State, local, and 

12 Tribal governments, a report that details the find13 ings and supplemental guidance of the Commission 

14 regarding the criminal justice system at all levels of 

15 government. 

16 (2) MAJORITY VOTE.—If a majority vote of the 

17 members of the Commission approves a finding or 

18 supplemental guidance at a meeting where a quorum 

19 is present pursuant to section 706(d), the finding or 

20 supplemental guidance may be adopted and included 

21 in the report required under paragraph (1). 

22 (3) DISSENTS.—In the case of a member of the 

23 Commission who dissents from a finding or supple24 mental guidance approved by a majority vote under 

25 paragraph (2), the member may state the reason for 


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1 the dissent in writing and the report described in 

2 paragraph (1) shall include the dissent. 

3 (4) PUBLIC ACCESS.—The report submitted 

4 under this subsection shall be made available to the 

5 public. 

6 (d) PRIOR COMMISSIONS.—The Commission shall 

7 take into consideration the work of prior relevant commis8 sions in conducting the review of the Commission. 

9 (e) STATE AND LOCAL GOVERNMENTS.—In issuing 

10 the recommendations and report of the Commission under 

11 this section, the Commission shall not infringe on the le12 gitimate rights of the States to determine the criminal 

13 laws of the States or the enforcement of such laws. 

14 (f) PUBLIC HEARINGS.—The Commission shall con15 duct public hearings in various locations around the 

16 United States. 

17 (g) CONSULTATION WITH GOVERNMENT AND NON18 GOVERNMENT REPRESENTATIVES.— 

19 (1) IN GENERAL.—The Commission shall— 

20 (A) closely consult with Federal, State, 

21 local, and Tribal governments and nongovern22 ment leaders, including— 

23 (i) State, local, and Tribal law en24 forcement officials, including rank and file 

25 officers; 


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1 (ii) legislators; 

2 (iii) public health officials; 

3 (iv) judges; 

4 (v) court administrators; 

5 (vi) prosecutors; 

6 (vii) defense counsel; 

7 (viii) victims’ rights organizations; 

8 (ix) probation and parole officials; 

9 (x) criminal justice planners; 

10 (xi) criminologists; 

11 (xii) civil rights and liberties organiza12 tions; 

13 (xiii) community-based organization 

14 leaders; 

15 (xiv) formerly incarcerated individ16 uals; 

17 (xv) professional organizations; and 

18 (xvi) corrections officials; and 

19 (B) include in the final report required 

20 under subsection (c) summaries of the input 

21 and recommendations of the leaders consulted 

22 under subparagraph (A). 

23 (2) UNITED STATES SENTENCING COMMIS24 SION.—To the extent the review and recommenda25 tions required by this section relate to sentencing 


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1 policies and practices for the Federal criminal jus2 tice system, the Commission shall conduct the review 

3 in consultation with the United States Sentencing 

4 Commission. 

5 (h) SENSE OF CONGRESS ON UNANIMITY.—It is the 

6 sense of Congress that, given the national importance of 

7 the matters before the Commission— 

8 (1) the Commission should work toward devel9 oping findings and supplemental guidance that are 

10 unanimously supported by the members of the Com11 mission; and 

12 (2) a finding or supplemental guidance unani13 mously supported by the members of the Commis14 sion should take precedence over a finding or supple15 mental guidance that is not unanimously supported. 

16 SEC. 706. MEMBERSHIP. 

17 (a) IN GENERAL.—The Commission shall be com18 posed of 14 members, as follows: 

19 (1) The President shall appoint 1 member, who 

20 shall serve as a co-chairperson of the Commission. 

21 (2) The co-chairperson described in paragraph 

22 (1) shall appoint 6 members in consultation with the 

23 leadership of— 


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1 (A) the Senate and House of Representa2 tives of the same political party as the Presi3 dent; 

4 (B) the Committee on the Judiciary of the 

5 House of Representatives of the same political 

6 party as the President; and 

7 (C) the Committee on the Judiciary of the 

8 Senate of the same political party as the Presi9 dent. 

10 (3) The leader of the Senate, in consultation 

11 with the leader of the House of Representatives who 

12 is a member of the opposite party of the President, 

13 shall appoint 1 member, who shall serve as a co14 chairperson of the Commission. 

15 (4) The co-chairperson described in paragraph 

16 (3) shall appoint 6 members in consultation with the 

17 leadership of— 

18 (A) the Senate and House of Representa19 tives of the opposite political party as the Presi20 dent; 

21 (B) the Committee on the Judiciary of the 

22 House of Representatives of the opposite polit23 ical party as the President; and 


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1 (C) the Committee on the Judiciary of the 

2 Senate of the opposite political party as the 

3 President. 

4 (b) MEMBERSHIP.— 

5 (1) IN GENERAL.—A member shall be ap6 pointed based upon knowledge or experience in a rel7 evant area, including— 

8 (A) law enforcement; 

9 (B) criminal justice; 

10 (C) national security; 

11 (D) prison and jail administration; 

12 (E) prisoner reentry; 

13 (F) public health, including— 

14 (i) physical and sexual victimization; 

15 (ii) drug addiction; or 

16 (iii) mental health; 

17 (G) the rights of victims; 

18 (H) civil rights; 

19 (I) civil liberties; 

20 (J) court administration; 

21 (K) social services; or 

22 (L) State, local, or Tribal government. 

23 (2) LAW ENFORCEMENT REPRESENTATION.— 


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1 (A) MEMBERS APPOINTED BY THE CO2 CHAIRPERSONS.—Of the 6 members appointed 

3 by the co-chairperson under subsection (a)(2)— 

4 (i) not fewer than 2 shall be rep5 resentatives from Federal, State, or local 

6 law enforcement agencies, including not 

7 less than 1 representative from a rank and 

8 file organization; and 

9 (ii) not fewer than 1 shall be a rep10 resentative from a Tribal law enforcement 

11 agency. 

12 (B) OTHER MEMBERS.—Of the 6 members 

13 appointed under subsection (a)(4)— 

14 (i) not fewer than 2 shall be rep15 resentatives of Federal, State, or local law 

16 enforcement agencies, including not less 

17 than 1 representative from a rank and file 

18 organization; and 

19 (ii) not fewer than 1 shall be a rep20 resentative from a Tribal law enforcement 

21 agency. 

22 (3) DISQUALIFICATION.—If an individual pos23 sesses a personal financial interest in the discharge 

24 of a duty of the Commission, the individual may not 

25 be appointed as a member of the Commission. 


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1 (4) TERMS.—A member shall be appointed for 

2 the duration of the Commission. 

3 (c) APPOINTMENTS AND FIRST MEETING.— 

4 (1) APPOINTMENTS.—Each member of the 

5 Commission shall be appointed not later than 45 

6 days after the date of enactment of this Act. 

7 (2) FIRST MEETING.—The Commission shall 

8 hold the first meeting of the Commission on the 

9 date, whichever is later, that is not later than— 

10 (A) 60 days after the date of enactment of 

11 this Act; or 

12 (B) 30 days after the date on which funds 

13 are made available for the Commission. 

14 (3) ETHICS.—At the first meeting of the Com15 mission, the Commission shall— 

16 (A) draft appropriate ethics guidelines for 

17 members and staff of the Commission, includ18 ing guidelines relating to— 

19 (i) conflict of interest; and 

20 (ii) financial disclosure; 

21 (B) consult with the Committees on the 

22 Judiciary of the Senate and the House of Rep23 resentatives as a part of drafting the guidelines; 

24 and 


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1 (C) provide each Committee described in 

2 subparagraph (B) with a copy of the guidelines 

3 completed under subparagraph (A). 

4 (d) MEETINGS, QUORUM, AND VACANCIES.— 

5 (1) MEETINGS.—The Commission shall meet at 

6 the call of— 

7 (A) the co-chairpersons; or 

8 (B) a majority of the members of the Com9 mission. 

10 (2) QUORUM.—Except as provided in para11 graph (3)(B), a majority of the members of the 

12 Commission shall constitute a quorum for purposes 

13 of conducting business, except that 2 members of 

14 the Commission shall constitute a quorum for pur15 poses of receiving testimony. 

16 (3) VACANCIES.— 

17 (A) IN GENERAL.—A vacancy in the Com18 mission shall not affect a power of the Commis19 sion, and the vacancy shall be filled in the same 

20 manner in which the original appointment was 

21 made. 

22 (B) QUORUM.—In the case of a vacancy 

23 occurring after the date that is 45 days after 

24 the date of enactment of this Act, until the date 

25 on which the vacancy is filled, a majority of the 


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1 members of the Commission shall constitute a 

2 quorum if— 

3 (i) not fewer than 1 member of the 

4 Commission appointed under paragraph 

5 (1) or (2) of subsection (a) is present; and 

6 (ii) not fewer than 1 member of the 

7 Commission appointed under paragraph 

8 (3) or (4) of subsection (a) is present. 

9 (e) ACTIONS OF THE COMMISSION.— 

10 (1) IN GENERAL.—The Commission— 

11 (A) shall, subject to section 705, act by a 

12 resolution agreed to by a majority of the mem13 bers of the Commission voting and present; and 

14 (B) may establish a panel composed of less 

15 than the full membership of the Commission for 

16 purposes of carrying out a duty of the Commis17 sion under this title, which— 

18 (i) shall be subject to the review and 

19 control of the Commission; and 

20 (ii) may make a finding or determina21 tion that may be considered a finding or 

22 determination of the Commission if the 

23 finding or determination is approved by 

24 the Commission. 


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1 (2) DELEGATION.—If authorized by the co2 chairpersons of the Commission, a member, agent, 

3 or staff member of the Commission may take an ac4 tion that the Commission may take under this title. 

5 SEC. 707. ADMINISTRATION. 

6 (a) STAFF.— 

7 (1) EXECUTIVE DIRECTOR.—The Commission 

8 shall have a staff headed by an Executive Director, 

9 who shall be paid at a rate established for the Cer10 tified Plan pay level for the Senior Executive Service 

11 under section 5382 of title 5, United States Code. 

12 (2) APPOINTMENTS AND COMPENSATION.—The 

13 co-chairpersons of the Commission shall designate 

14 and fix the compensation of the Executive Director 

15 and, in accordance with rules agreed upon by the 

16 Commission, may appoint and fix the compensation 

17 of such other personnel as may be necessary to en18 able the Commission to carry out its functions, with19 out regard to the provisions of title 5, United States 

20 Code, governing appointments in the competitive 

21 service, and without regard to the provisions of 

22 chapter 51 and subchapter III of chapter 53 of such 

23 title relating to classification and General Schedule 

24 pay rates, except that no rate of pay fixed under this 

25 subsection may exceed the equivalent of that payable 


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1 for a position at level V of the Executive Schedule 

2 under section 5316 of title 5, United States Code. 

3 (3) PERSONNEL AS FEDERAL EMPLOYEES.— 

4 (A) IN GENERAL.—The Executive Director 

5 and any personnel of the Commission who are 

6 employees shall be employees under section 

7 2105 of title 5, United States Code, for pur8 poses of chapters 63, 81, 83, 84, 85, 87, 89, 

9 and 90 of such title 5. 

10 (B) MEMBERS OF THE COMMISSION.— 

11 Subparagraph (A) shall not be construed to 

12 apply to members of the Commission. 

13 (4) THE COMPENSATION OF MEMBERS.— 

14 (A) NON-FEDERAL EMPLOYEES.—A mem15 ber of the commission who is not an officer or 

16 employee of the Federal Government shall be 

17 compensated at a rate equal to the daily equiva18 lent of the annual rate of basic pay prescribed 

19 for level IV of the Executive Schedule under 

20 section 5315 of title 5, United States Code, for 

21 each day (including travel time) during which 

22 the member is engaged in the performance of 

23 the duties of the Board. 

24 (B) FEDERAL EMPLOYEES.—A member of 

25 the commission who is an officer or employee of 


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1 the Federal Government shall serve without 

2 compensation in addition to the compensation 

3 received for the services of the member as an 

4 officer or employee of the Federal Government. 

5 (5) TRAVEL EXPENSES.—A member of the 

6 Commission shall be allowed travel expenses, includ7 ing per diem in lieu of subsistence, at rates author8 ized for employees of agencies under subchapter I of 

9 chapter 57 of title 5, United States Code, while 

10 away from the home or regular places of business of 

11 the member in the performance of services for the 

12 Commission. 

13 (b) EXPERTS AND CONSULTANTS.—With the ap14 proval of the Commission, the Executive Director may 

15 procure temporary and intermittent services under section 

16 3109(b) of title 5, United States Code. 

17 (c) DETAIL OF GOVERNMENT EMPLOYEES.—Upon 

18 the request of the Commission, a Federal Government em19 ployee may be detailed to the Commission without reim20 bursement, and such detail shall be without interruption 

21 or loss of civil service status or privilege. 

22 (d) OTHER RESOURCES.— 

23 (1) IN GENERAL.—The Commission shall have 

24 reasonable access to materials, resources, statistical 


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1 data, and other information such Commission deter2 mines to be necessary to carry out its duties from— 

3 (A) the Library of Congress; 

4 (B) the Department of Justice; 

5 (C) the Office of National Drug Control 

6 Policy; 

7 (D) the Department of State; and 

8 (E) other agencies of the executive or legis9 lative branch of the Federal Government. 

10 (2) REQUESTS FOR RESOURCES.—The co-chair11 persons of the Commission shall make requests for 

12 the access described in paragraph (1) in writing 

13 when necessary. 

14 (e) VOLUNTEER SERVICES.—Notwithstanding sec15 tion 1342 of title 31, United States Code, the Commis16 sion— 

17 (1) may— 

18 (A) accept and use the services of an indi19 vidual volunteering to serve without compensa20 tion; and 

21 (B) reimburse the individual described in 

22 subparagraph (A) for local travel, office sup23 plies, and for other travel expenses, including 

24 per diem in lieu of subsistence, as authorized by 

25 section 5703 of title 5, United States Code; and 


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1 (2) shall consider the individual described in 

2 paragraph (1) an employee of the Federal Govern3 ment in performance of those services for the pur4 poses of— 

5 (A) chapter 81 of title 5, United States 

6 Code, relating to compensation for work-related 

7 injuries; 

8 (B) chapter 171 of title 28, United States 

9 Code, relating to tort claims; and 

10 (C) chapter 11 of title 18, United States 

11 Code, relating to conflicts of interest. 

12 (f) OBTAINING OFFICIAL DATA.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (3), the Commission may directly secure from 

15 an agency of the United States information nec16 essary to enable the Commission to carry out this 

17 title. 

18 (2) PROCEDURES.—Upon the request of the co19 chairpersons of the Commission, the head of the 

20 agency shall furnish any information requested 

21 under paragraph (1) to the Commission. 

22 (3) SENSITIVE INFORMATION.—The Commis23 sion may not have access to sensitive information re24 garding ongoing investigations. 


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1 (g) MAILS.—The Commission may use the United 

2 States mails in the same manner and under the same con3 ditions as other departments and agencies of the United 

4 States. 

5 (h) BIANNUAL REPORTS.—The Commission shall 

6 submit biannual status reports to Congress regarding— 

7 (1) the use of resources; 

8 (2) salaries; and 

9 (3) all expenditures of appropriated funds. 

10 (i) CONTRACTS.— 

11 (1) IN GENERAL.—The Commission may enter 

12 into a contract with a Federal or State agency, a 

13 private firm, an institution, or an individual for the 

14 conduct of an activity necessary to the discharge of 

15 a duty or responsibility of the Commission. 

16 (2) TIMING.—A contract, lease, or other legal 

17 agreement the Commission enters into may not ex18 tend beyond the date of the termination of the Com19 mission. 

20 (j) GIFTS.—The Commission may accept, use, or dis21 pose of a gift or donation of a service or property. 

22 (k) ADMINISTRATIVE ASSISTANCE.—The Adminis23 trator of General Services shall provide to the Commis24 sion, on a reimbursable basis, the administrative support 

25 services necessary for the Commission to carry out the reVerDate Sep 11 2014 22:41 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\S3985.PCS S3985

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1 sponsibilities of the Commission under this title, which 

2 may include— 

3 (1) human resource management; 

4 (2) budget; 

5 (3) leasing; 

6 (4) accounting; or 

7 (5) payroll services. 

8 (l) NON-APPLICABILITY OF FACA AND PUBLIC AC9 CESS TO MEETINGS AND MINUTES.— 

10 (1) IN GENERAL.—The Federal Advisory Com11 mittee Act (5 U.S.C. App.) shall not apply to the 

12 Commission. 

13 (2) MEETINGS AND MINUTES.— 

14 (A) MEETINGS.— 

15 (i) ADMINISTRATION.—Each meeting 

16 of the Commission shall be open to the 

17 public, except that a meeting or any por18 tion of it may be closed to the public if it 

19 concerns matters or information described 

20 in section 552b(c) of title 5, United States 

21 Code. 

22 (ii) INTERESTED INDIVIDUALS.—An 

23 interested individual may— 

24 (I) appear at an open meeting; 


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1 (II) present an oral or written 

2 statement on the subject matter of the 

3 meeting; and 

4 (III) be administered an oath or 

5 affirmation. 

6 (iii) NOTICE.—Each open meeting of 

7 the Commission shall be preceded by time8 ly public notice in the Federal Register of 

9 the time, place, and subject of the meeting. 

10 (B) MINUTES AND PUBLIC ACCESS.— 

11 (i) MINUTES.—Minutes of each open 

12 meeting shall be kept and shall contain a 

13 record of— 

14 (I) the people present; 

15 (II) a description of the discus16 sion that occurred; and 

17 (III) a copy of each statement 

18 filed. 

19 (ii) PUBLIC ACCESS.—The minutes 

20 and records of each open meeting and 

21 other documents that were made available 

22 to or prepared for the Commission shall be 

23 available for public inspection and copying 

24 at a single location in the offices of the 

25 Commission. 


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1 (m) ARCHIVING.—Not later than the date described 

2 in section 709, all records and papers of the Commission 

3 shall be delivered to the Archivist of the United States 

4 for deposit in the National Archives. 

5 SEC. 708. DIRECT APPROPRIATIONS. 

6 (a) IN GENERAL.—For the purpose of carrying out 

7 this title, there is authorized to be appropriated, and there 

8 is appropriated, to remain available until expended, out 

9 of any money in the Treasury not otherwise appro10 priated— 

11 (1) for fiscal year 2021, $7,000,000; and 

12 (2) for fiscal year 2022, $7,000,000. 

13 (b) LIMITATION.—None of the funds provided by this 

14 section may be used for international travel. 

15 SEC. 709. SUNSET. 

16 The Commission shall terminate 60 days after the 

17 date on which the Commission submits the report required 

18 under section 705(c) to Congress. 


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1 TITLE VIII—LAW ENFORCEMENT 

2 AGENCY HIRING AND EDU3 CATION 

4 Subtitle A—Hiring 

5 SEC. 801. LAW ENFORCEMENT AGENCY HIRING. 

6 Section 1701(b) of title I of the Omnibus Crime Con7 trol and Safe Streets Act of 1968 (34 U.S.C. 10381(b)) 

8 is amended— 

9 (1) by redesignating paragraphs (22) and (23) 

10 as paragraphs (23) and (24), respectively; 

11 (2) in paragraph (23), as so redesignated, by 

12 striking ‘‘(21)’’ and inserting ‘‘(22)’’; and 

13 (3) by inserting after paragraph (21) the fol14 lowing: 

15 ‘‘(22) for a law enforcement agency that has a 

16 substantially different racial and ethnic demographic 

17 makeup than the community served by the agency, 

18 to hire recruiters and enroll law enforcement officer 

19 candidates in law enforcement academies to become 

20 career law enforcement officers who have racial and 

21 ethnic demographic characteristics similar to the 

22 community;’’. 


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1 SEC. 802. REAUTHORIZATION OF LAW ENFORCEMENT 

2 GRANT PROGRAMS. 

3 (a) EDWARD BYRNE MEMORIAL JUSTICE ASSIST4 ANCE GRANT PROGRAM.—Section 511 of title I of the 

5 Omnibus Crime Control and Safe Streets Act of 1968 

6 (Public Law 90–351; 82 Stat. 197), as so redesignated 

7 by this Act, is amended by striking ‘‘this subpart 

8 $1,095,000,000 for each of the fiscal years 2006 through 

9 2012’’ and inserting ‘‘this subpart, including sections 508, 

10 509, and 510, $800,000,000 for each of fiscal years 2021 

11 through 2025’’. 

12 (b) REAUTHORIZATION OF COPS ON THE BEAT

13 GRANT PROGRAM.—Section 1001(a)(11)(A) of title I of 

14 the Omnibus Crime Control and Safe Streets Act of 1968 

15 (34 U.S.C. 10261(a)(11)(A)) is amended by striking ‘‘part 

16 Q, to remain available until expended $1,047,119,000 for 

17 each of fiscal years 2006 through 2009’’ and inserting 

18 ‘‘part Q, including section 1701(n), to remain available 

19 until expended $400,000,000 for each of fiscal years 2021 

20 through 2025’’. 

21 Subtitle B—Training 

22 SEC. 811. DEFINITIONS. 

23 In this subtitle: 

24 (1) DIRECTOR.—The term ‘‘Director’’ means 

25 the Director of the National Museum of African 

26 American History and Culture. 


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1 (2) ELIGIBLE PROGRAM PARTICIPANT.—The 

2 term ‘‘eligible program participant’’ means a Fed3 eral, State, or local law enforcement officer or re4 cruiter, or a candidate in a law enforcement acad5 emy. 

6 SEC. 812. PROGRAM AUTHORIZED. 

7 (a) DIRECT APPROPRIATIONS.—For the purpose of 

8 carrying out this subtitle, there is authorized to be appro9 priated, and there is appropriated, to remain available 

10 until expended, out of any money in the Treasury not oth11 erwise appropriated— 

12 (1) for fiscal year 2021, $2,000,000; 

13 (2) for fiscal year 2022, $2,000,000; 

14 (3) for fiscal year 2023, $2,000,000; 

15 (4) for fiscal year 2024, $2,000,000; and 

16 (5) for fiscal year 2025, $2,000,000. 

17 (b) DONATIONS, GIFTS, BEQUESTS, AND DEVISES OF

18 PROPERTY.—In accordance with chapter 23 of title 36, 

19 United States Code, and in furtherance of the purposes 

20 of this subtitle, the Director is authorized to solicit, ac21 cept, hold, administer, invest, and use donated funds and 

22 gifts, bequests, and devises of property, both real and per23 sonal. 

24 (c) USE OF FUNDS.—The Director, using funds ap25 propriated under subsection (a) and resources received 


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1 under subsection (b), including through the engagement 

2 of eligible program participants as appropriate and in con3 sultation with the National Law Enforcement Museum— 

4 (1) shall develop and nationally disseminate a 

5 curriculum to educate eligible program participants 

6 on the history of racism in the United States; and 

7 (2) shall carry out education program training 

8 for eligible program participants that focuses on— 

9 (A) racial reconciliation with the goal of 

10 understanding the history of racism in America; 

11 (B) improving relationships between law 

12 enforcement and the communities they serve; 

13 and 

14 (C) training eligible program participants 

15 who can effectively train their law enforcement 

16 peers in their State and communities. 

17 (d) APPLICATIONS.—The Director may seek the en18 gagement of an eligible program participant under sub19 section (c) by requiring submission of an application to 

20 the Director at such time, in such manner, and based on 

21 such competitive criteria as the Director may require. 

22 SEC. 813. ONLINE EDUCATION RESOURCES. 

23 (a) WEBSITE.—The Director shall maintain on the 

24 website of the National Museum of African American His25 tory and Culture a special section designated for education 


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1 resources to improve awareness and understanding of the 

2 history of racism in the United States and to promote ra3 cial reconciliation through best practices to improve rela4 tions between law enforcement and the communities they 

5 serve. The website and resources shall be made publically 

6 available. 

7 (b) INFORMATION DISTRIBUTION.—The Director 

8 shall distribute information about the activities funded 

9 under this subtitle through the website of the National 

10 Museum of African American History and Culture, and 

11 shall respond to inquiries for supplementary information 

12 concerning such activities. 

13 (c) BEST PRACTICES.—The information distributed 

14 by the Director shall include best practices for educators. 

15 SEC. 814. NATIONAL MUSEUM OF AFRICAN AMERICAN HIS16 TORY AND CULTURE COUNCIL. 

17 The National Museum of African American History 

18 and Culture Council established under section 5 of the Na19 tional Museum of African American History and Culture 

20 Act (20 U.S.C. 80r-3), shall have governance responsi21 bility for the programs and activities carried out under 

22 this subtitle in accordance with the National Museum of 

23 African American History and Culture Act (20 U.S.C. 

24 80r). 


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1 SEC. 815. ENGAGEMENT OF ELIGIBLE PROGRAM PARTICI2 PANTS. 

3 (a) IN GENERAL.—An eligible program participant 

4 shall be engaged at the discretion of the Director to par5 ticipate in education program activities authorized under 

6 this subtitle and approved by the Director pursuant to an 

7 application described in section 812(d). 

8 (b) ENGAGEMENT PERIOD.—Engagement of eligible 

9 program participants under this subtitle shall be for a pe10 riod determined by the Director. 

11 (c) PRIORITY.—In engaging eligible program partici12 pants under section 812, the Director shall give priority 

13 to applications from such participants who work for a 

14 Federal, State, or local law enforcement agency that does 

15 not, at the time application is made, offer any education 

16 programming on the history of racism or best practices 

17 to improve race relations between law enforcement and the 

18 communities they serve. 

19 SEC. 816. ANNUAL REPORT. 

20 Not later than February 1 of each year, the Director 

21 shall submit to the Congress a report describing the activi22 ties carried out under this subtitle. 


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1 TITLE IX—BEST PRACTICES AND 

2 STUDIES 

3 SEC. 901. BEST PRACTICES. 

4 (a) IN GENERAL.—The National Criminal Justice 

5 Commission established under title VIII (referred to in 

6 this title as the ‘‘Commission’’) shall— 

7 (1) develop recommended best practices guide8 lines to ensure fair and effective policing tactics and 

9 procedures that encourage equitable justice, commu10 nity trust, and law enforcement officer safety; 

11 (2) include the recommended best practices de12 scribed in paragraph (1) in the recommendations of 

13 the Commission required under section 705; and 

14 (3) best practices for developing standards for 

15 law enforcement officer due process. 

16 (b) REQUIREMENTS.—The best practices required to 

17 be developed under subsection (a) shall include— 

18 (1) best practices for the hiring, firing, suspen19 sion, and discipline of law enforcement officers; and 

20 (2) best practices for community transparency 

21 and optimal administration of a law enforcement 

22 agency. 

23 SEC. 902. STUDY. 

24 (a) IN GENERAL.—The Commission shall conduct a 

25 study on the establishment and operation of use of force 


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1 review boards by States and units of local government, 

2 wherein citizens can assist law enforcement agencies in re3 viewing use of force incidents. 

4 (b) INCLUSION IN COMMISSION RECOMMENDA5 TIONS.—The Commission shall include a report on the 

6 study conducted under subsection (a), which shall include 

7 recommendations, if any, for best practices for State and 

8 local use of force review boards, as well as best practices 

9 for developing standards for law enforcement officer due 

10 process, in the recommendations of the Commission re11 quired under section 705. 

12 SEC. 903. MENTAL HEALTH STUDY. 

13 (a) IN GENERAL.—The Commission shall conduct a 

14 study on law enforcement officer training, crisis interven15 tion teams, co-responder programs, personnel require16 ments, Federal resources, and pilot programs needed to 

17 improve nationwide law enforcement officer engagement 

18 on issues related to mental health, homelessness, and ad19 diction. 

20 (b) INCLUSION IN COMMISSION RECOMMENDA21 TIONS.—The Commission shall include a report on the 

22 study conducted under subsection (a), which shall include 

23 recommendations, if any, in the recommendations of the 

24 Commission required under section 705. 


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1 SEC. 904. STUDY AND PROPOSAL ON IMPROVING ACCOUNT2 ABILITY FOR DOJ GRANTS. 

3 (a) DEFINITIONS.—In this section— 

4 (1) the term ‘‘covered grant’’ means a grant 

5 awarded under a covered grant program; and 

6 (2) the term ‘‘covered grant program’’ means— 

7 (A) the Edward Byrne Memorial Justice 

8 Assistance Grant Program under subpart 1 of 

9 part E of title I of the Omnibus Crime Control 

10 and Safe Streets Act of 1968 (34 U.S.C. 10151 

11 et seq.); 

12 (B) the ‘‘Cops on the Beat’’ program 

13 under part Q of title I of the Omnibus Crime 

14 Control and Safe Streets Act of 1968 (34 

15 U.S.C. 10381 et seq.); and 

16 (C) any other grant program administered 

17 by the Attorney General that provides funds to 

18 law enforcement agencies. 

19 (b) STUDY AND PROPOSAL.—Not later than 1 year 

20 after the date of enactment of this Act, the Attorney Gen21 eral shall study, and submit to Congress a proposal re22 garding, the possible implementation of a method to im23 prove accountability for law enforcement agencies that re24 ceive funds from covered grant programs. 

25 (c) CONTENTS.—In carrying out subsection (b), the 

26 Attorney General shall develop discrete performance 


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1 metrics for law enforcement agencies that apply for and 

2 receive funds from covered grant programs, the param3 eters of which shall— 

4 (1) establish benchmarks of progress, measured 

5 on a semiannual or annual basis, as appropriate; 

6 (2) require annual accounting by a recipient of 

7 a covered grant of the progress made toward each 

8 benchmark described in paragraph (1); and 

9 (3) provide that— 

10 (A) the failure to achieve a benchmark de11 scribed in paragraph (1) shall constitute a vio12 lation of the grant agreement; 

13 (B) if a recipient does not cure a violation 

14 by achieving the applicable benchmark not later 

15 than 90 days after the date of the violation, the 

16 recipient shall return the amounts of the cov17 ered grant to the Attorney General; and 

18 (C) a law enforcement agency that violates 

19 a grant agreement may not apply for a covered 

20 grant for a period of 1 year. 


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1 TITLE X—CLOSING THE LAW EN2 FORCEMENT CONSENT LOOP3 HOLE ACT 

4 SEC. 1001. PROHIBITION ON ENGAGING IN SEXUAL ACTS 

5 WHILE ACTING UNDER COLOR OF LAW. 

6 (a) IN GENERAL.—Section 2243 of title 18, United 

7 States Code, is amended— 

8 (1) in the section heading, by adding at the end 

9 the following: ‘‘or by any person acting 

10 under color of law’’; 

11 (2) by redesignating subsections (c) and (d) as 

12 subsections (d) and (e), respectively; 

13 (3) by inserting after subsection (b) the fol14 lowing: 

15 ‘‘(c) OF AN INDIVIDUAL BY ANY PERSON ACTING

16 UNDER COLOR OF LAW.— 

17 ‘‘(1) IN GENERAL.—Whoever, acting under 

18 color of law, knowingly engages in a sexual act with 

19 an individual who has been arrested by, is detained 

20 by, or is in custody of any Federal law enforcement 

21 officer, shall be fined under this title, imprisoned not 

22 more than 15 years, or both. 

23 ‘‘(2) DEFINITION.—In this subsection, the term 

24 ‘sexual act’ has the meaning given the term in sec25 tion 2246.’’; and 


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1 (4) in subsection (d), as so redesignated, by 

2 adding at the end the following: 

3 ‘‘(3) In a prosecution under subsection (c), it is 

4 not a defense that the other individual consented to 

5 the sexual act.’’. 

6 (b) ABUSIVE SEXUAL CONTACT.—Section 2244(a) of 

7 title 18, United States Code, is amended by— 

8 (1) in paragraph (4), by striking ‘‘or’’ at the 

9 end; 

10 (2) by redesignating paragraph (5) as para11 graph (6); and 

12 (3) by inserting after paragraph (4) the fol13 lowing: 

14 ‘‘(5) subsection (c) of section 2243 of this title 

15 had the sexual contact been a sexual act, shall be 

16 fined under this title, imprisoned not more than 15 

17 years, or both; or’’. 

18 (c) DEFINITION.—Section 2246 of title 18, United 

19 States Code, is amended— 

20 (1) in paragraph (5), by striking ‘‘and’’ at the 

21 end; 

22 (2) in paragraph (6), by striking the period at 

23 the end and inserting ‘‘; and’’; and 

24 (3) by inserting after paragraph (6) the fol25 lowing: 


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1 ‘‘(7) the term ‘Federal law enforcement officer’ 

2 has the meaning given the term in section 115.’’. 

3 (d) CLERICAL AMENDMENT.—The table of sections 

4 for chapter 109A of title 18, United States Code, is 

5 amended by amending the item related to section 2243 

6 to read as follows: 

‘‘2243. Sexual abuse of a minor or ward or by any person acting under color 

of law.’’. 

7 SEC. 1002. INCENTIVE FOR STATES. 

8 (a) AUTHORITY TO MAKE GRANTS.—The Attorney 

9 General is authorized to make grants to States that have 

10 in effect a law that— 

11 (1) makes it a criminal offense for any person 

12 acting under color of law of the State to engage in 

13 a sexual act (as defined in section 2246 of title 18, 

14 United States Code) with an individual who has 

15 been arrested by, is detained by, or is in custody of 

16 any law enforcement officer; and 

17 (2) prohibits a person charged with an offense 

18 described in paragraph (1) from asserting the con19 sent of the other individual as a defense. 

20 (b) REPORTING REQUIREMENT.—A State that re21 ceives a grant under this section shall submit to the Attor22 ney General, on an annual basis, information on— 

23 (1) the number of reports made to law enforce24 ment agencies in that State regarding persons enVerDate Sep 11 2014 22:41 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\S3985.PCS S3985

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1 gaging in a sexual act (as defined in section 2246 

2 of title 18, United States Code) while acting under 

3 color of law during the previous year; and 

4 (2) the disposition of each case in which sexual 

5 misconduct by a person acting under color of law 

6 was reported during the previous year. 

7 (c) APPLICATION.—A State seeking a grant under 

8 this section shall submit an application to the Attorney 

9 General at such time, in such manner, and containing 

10 such information as the Attorney General may reasonably 

11 require, including information about the law described in 

12 subsection (a). 

13 (d) GRANT AMOUNT.—The amount of a grant to a 

14 State under this section shall be in an amount that is not 

15 greater than 10 percent of the average of the total amount 

16 of funding of the 3 most recent awards that the State re17 ceived under the following grant programs: 

18 (1) Part T of title I of the Omnibus Crime Con19 trol and Safe Streets Act of 1968 (34 U.S.C. 10441 

20 et seq.) (commonly referred to as the ‘‘STOP Vio21 lence Against Women Formula Grant Program’’). 

22 (2) Section 41601 of the Violence Against 

23 Women Act of 1994 (34 U.S.C. 12511) (commonly 

24 referred to as the ‘‘Sexual Assault Services Pro25 gram’’). 


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1 (e) GRANT TERM.— 

2 (1) IN GENERAL.—The Attorney General shall 

3 provide an increase in the amount provided to a 

4 State under the grant programs described in sub5 section (d) for a 2-year period. 

6 (2) RENEWAL.—A State that receives a grant 

7 under this section may submit an application for a 

8 renewal of such grant at such time, in such manner, 

9 and containing such information as the Attorney 

10 General may reasonably require. 

11 (3) LIMIT.—A State may not receive a grant 

12 under this section for more than 4 years. 

13 (f) USES OF FUNDS.—A State that receives a grant 

14 under this section shall use— 

15 (1) 25 percent of such funds for any of the per16 missible uses of funds under the grant program de17 scribed in paragraph (1) of subsection (d); and 

18 (2) 75 percent of such funds for any of the per19 missible uses of funds under the grant program de20 scribed in paragraph (2) of subsection (d). 

21 (g) DIRECT APPROPRIATIONS.—For the purpose of 

22 making grants under this section, there is authorized to 

23 be appropriated, and there is appropriated, to remain 

24 available until expended, out of any money in the Treasury 

25 not otherwise appropriated— 


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1 (1) for fiscal year 2021, $5,000,000; 

2 (2) for fiscal year 2022, $5,000,000; 

3 (3) for fiscal year 2023, $5,000,000; 

4 (4) for fiscal year 2024, $5,000,000; and 

5 (5) for fiscal year 2025, $5,000,000. 

6 (h) DEFINITION.—For purposes of this section, the 

7 term ‘‘State’’ means each of the several States and the 

8 District of Columbia, Indian Tribes, and the Common9 wealth of Puerto Rico, Guam, American Samoa, the Vir10 gin Islands, and the Northern Mariana Islands. 

11 SEC. 1003. REPORTS TO CONGRESS. 

12 (a) REPORT BY ATTORNEY GENERAL.—Not later 

13 than 1 year after the date of enactment of this Act, and 

14 each year thereafter, the Attorney General shall submit 

15 to Congress a report containing— 

16 (1) the information required to be reported to 

17 the Attorney General under section 1002(b); and 

18 (2) information on— 

19 (A) the number of reports made, during 

20 the previous year, to Federal law enforcement 

21 agencies regarding persons engaging in a sexual 

22 act (as defined in section 2246 of title 18, 

23 United States Code) while acting under color of 

24 law; and 


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1 (B) the disposition of each case in which 

2 sexual misconduct by a person acting under 

3 color of law was reported. 

4 (b) REPORT BY GAO.—Not later than 1 year after 

5 the date of enactment of this Act, and each year there6 after, the Comptroller General of the United States shall 

7 submit to Congress a report on any violations of section 

8 2243(c) of title 18, United States Code, as amended by 

9 section 1001, committed during the 1-year period covered 

10 by the report. 

11 TITLE XI—EMERGENCY 

12 FUNDING 

13 SEC. 1101. EMERGENCY DESIGNATION. 

14 (a) IN GENERAL.—The amounts provided under this 

15 Act, or an amendment made by this Act, are designated 

16 as an emergency requirement pursuant to section 4(g) of 

17 the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 

18 933(g)). 

19 (b) DESIGNATION IN SENATE.—In the Senate, this 

20 Act, and the amendments made by this Act, is designated 

21 as an emergency requirement pursuant to section 4112(a) 

22 of H. Con. Res. 71 (115th Congress), the concurrent reso23 lution on the budget for fiscal year 2018. 


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Calendar No. 480 

116TH CONGRESS 

2D SESSION S. 3985 

A BILL 

To improve and reform policing practices, 

accountability and transparency. 

JUNE 18, 2020 

Read the second time and placed on the calendar 


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