II 

116TH CONGRESS 

2D SESSION S. 3912 

To hold law enforcement accountable for misconduct in court, improve 

transparency through data collection, and reform police training and policies. 

IN THE SENATE OF THE UNITED STATES 

JUNE 8, 2020 

Mr. BOOKER (for himself, Ms. HARRIS, Mr. SCHUMER, Mrs. FEINSTEIN, Ms. 

BALDWIN, Mr. BENNET, Mr. BLUMENTHAL, Mr. BROWN, Ms. CANTWELL, Mr. CARDIN, Mr. CARPER, Mr. CASEY, Mr. COONS, Ms. 

DUCKWORTH, Mr. DURBIN, Mrs. GILLIBRAND, Mr. HEINRICH, Ms. 

HIRONO, Mr. JONES, Mr. KAINE, Ms. KLOBUCHAR, Mr. LEAHY, Mr. 

MARKEY, Mr. MENENDEZ, Mr. MERKLEY, Mr. MURPHY, Mrs. MURRAY, 

Mr. SANDERS, Mr. SCHATZ, Ms. SMITH, Ms. STABENOW, Mr. VAN HOLLEN, Mr. UDALL, Mr. WARNER, Ms. WARREN, and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To hold law enforcement accountable for misconduct in court, 

improve transparency through data collection, and reform 

police training and policies. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Justice in Policing Act of 2020’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—POLICE ACCOUNTABILITY 

Subtitle A—Holding Police Accountable in the Courts 

Sec. 101. Deprivation of rights under color of law. 

Sec. 102. Qualified immunity reform. 

Sec. 103. Pattern and practice investigations. 

Sec. 104. Independent investigations. 

Subtitle B—Law Enforcement Trust and Integrity Act 

Sec. 111. Short title. 

Sec. 112. Definitions. 

Sec. 113. Accreditation of law enforcement agencies. 

Sec. 114. Law enforcement grants. 

Sec. 115. Attorney General to conduct study. 

Sec. 116. Authorization of appropriations. 

Sec. 117. National task force on law enforcement oversight. 

Sec. 118. Federal data collection on law enforcement practices. 

TITLE II—POLICING TRANSPARENCY THROUGH DATA 

Subtitle A—National Police Misconduct Registry 

Sec. 201. Establishment of National Police Misconduct Registry. 

Sec. 202. Certification requirements for hiring of law enforcement officers. 

Subtitle B—PRIDE Act 

Sec. 221. Short title. 

Sec. 222. Definitions. 

Sec. 223. Use of force reporting. 

Sec. 224. Use of force data reporting. 

Sec. 225. Compliance with reporting requirements. 

Sec. 226. Federal law enforcement reporting. 

Sec. 227. Authorization of appropriations. 

TITLE III—IMPROVING POLICE TRAINING AND POLICIES 

Subtitle A—End Racial and Religious Profiling Act 

Sec. 301. Short title. 

Sec. 302. Definitions. 

PART I—PROHIBITION OF RACIAL PROFILING

Sec. 311. Prohibition. 

Sec. 312. Enforcement. 

PART II—PROGRAMS TO ELIMINATE RACIAL PROFILING BY FEDERAL LAW

ENFORCEMENT AGENCIES


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Sec. 321. Policies to eliminate racial profiling. 

PART III—PROGRAMS TO ELIMINATE RACIAL PROFILING BY STATE AND

LOCAL LAW ENFORCEMENT AGENCIES

Sec. 331. Policies required for grants. 

Sec. 332. Involvement of Attorney General. 

Sec. 333. Data collection demonstration project. 

Sec. 334. Development of best practices. 

Sec. 335. Authorization of appropriations. 

PART IV—DATA COLLECTION

Sec. 341. Attorney General to issue regulations. 

Sec. 342. Publication of data. 

Sec. 343. Limitations on publication of data. 

PART V—DEPARTMENT OF JUSTICE REGULATIONS AND REPORTS ON RACIAL

PROFILING IN THE UNITED STATES

Sec. 351. Attorney General to issue regulations and reports. 

Subtitle B—Additional Reforms 

Sec. 361. Training on racial bias and duty to intervene. 

Sec. 362. Ban on no-knock warrants in drug cases. 

Sec. 363. Incentivizing banning of chokeholds and carotid holds. 

Sec. 364. PEACE Act. 

Sec. 365. Stop Militarizing Law Enforcement Act. 

Sec. 366. Best practices for local law enforcement agencies. 

Subtitle C—Law Enforcement Body Cameras 

PART I—FEDERAL POLICE CAMERA AND ACCOUNTABILITY ACT

Sec. 371. Short title. 

Sec. 372. Requirements for Federal uniformed officers regarding the use of 

body cameras. 

Sec. 373. Patrol vehicles with in-car video recording cameras. 

Sec. 374. Facial recognition technology. 

Sec. 375. GAO study. 

Sec. 376. Regulations. 

Sec. 377. Rule of construction. 

PART II—POLICE CAMERA ACT

Sec. 381. Short title. 

Sec. 382. Law enforcement body-worn camera requirements. 

TITLE IV—JUSTICE FOR VICTIMS OF LYNCHING ACT 

Sec. 401. Short title. 

Sec. 402. Findings. 

Sec. 403. Lynching. 

TITLE V—MISCELLANEOUS PROVISIONS 

Sec. 501. Severability. 

Sec. 502. Savings clause. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) BYRNE GRANT PROGRAM.—The term 

4 ‘‘Byrne grant program’’ means any grant program 

5 under subpart 1 of part E of title I of the Omnibus 

6 Crime Control and Safe Streets Act of 1968 (34 

7 U.S.C. 10151 et seq.), without regard to whether 

8 the funds are characterized as being made available 

9 under the Edward Byrne Memorial State and Local 

10 Law Enforcement Assistance Programs, the Local 

11 Government Law Enforcement Block Grants Pro12 gram, the Edward Byrne Memorial Justice Assist13 ance Grant Program, or otherwise. 

14 (2) COPS GRANT PROGRAM.—The term ‘‘COPS 

15 grant program’’ means the grant program author16 ized under section 1701 of title I of the Omnibus 

17 Crime Control and Safe Streets Act of 1968 (34 

18 U.S.C. 10381). 

19 (3) FEDERAL LAW ENFORCEMENT AGENCY.— 

20 The term ‘‘Federal law enforcement agency’’ means 

21 any agency of the United States authorized to en22 gage in or supervise the prevention, detection, inves23 tigation, or prosecution of any violation of Federal 

24 criminal law. 

25 (4) FEDERAL LAW ENFORCEMENT OFFICER.— 

26 The term ‘‘Federal law enforcement officer’’ has the 


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1 meaning given the term in section 115 of title 18, 

2 United States Code. 

3 (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

4 has the meaning given the term ‘‘Indian tribe’’ in 

5 section 901 of title I of the Omnibus Crime Control 

6 and Safe Streets Act of 1968 (34 U.S.C. 10251). 

7 (6) LOCAL LAW ENFORCEMENT OFFICER.—The 

8 term ‘‘local law enforcement officer’’ means any offi9 cer, agent, or employee of a State or unit of local 

10 government authorized by law or by a government 

11 agency to engage in or supervise the prevention, de12 tection, or investigation of any violation of criminal 

13 law. 

14 (7) STATE.—The term ‘‘State’’ has the mean15 ing given the term in section 901 of title I of the 

16 Omnibus Crime Control and Safe Streets Act of 

17 1968 (34 U.S.C. 10251). 

18 (8) TRIBAL LAW ENFORCEMENT OFFICER.— 

19 The term ‘‘tribal law enforcement officer’’ means 

20 any officer, agent, or employee of an Indian tribe, or 

21 the Bureau of Indian Affairs, authorized by law or 

22 by a government agency to engage in or supervise 

23 the prevention, detection, or investigation of any vio24 lation of criminal law. 


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1 TITLE I—POLICE 

2 ACCOUNTABILITY 

3 Subtitle A—Holding Police 

4 Accountable in the Courts 

5 SEC. 101. DEPRIVATION OF RIGHTS UNDER COLOR OF LAW. 

6 Section 242 of title 18, United States Code, is 

7 amended— 

8 (1) by striking ‘‘willfully’’ and inserting ‘‘know9 ingly or with reckless disregard’’; and 

10 (2) by adding at the end the following: ‘‘For 

11 purposes of this section, an act shall be considered 

12 to be death resulting if the act was a substantial fac13 tor contributing to the death of the person.’’. 

14 SEC. 102. QUALIFIED IMMUNITY REFORM. 

15 Section 1979 of the Revised Statutes of the United 

16 States (42 U.S.C. 1983) is amended by adding at the end 

17 the following: ‘‘It shall not be a defense or immunity to 

18 any action brought under this section against a local law 

19 enforcement officer (as defined in section 2 of the Justice 

20 in Policing Act of 2020) or a State correctional officer 

21 (as defined in section 1121(b) of title 18, United States 

22 Code) that— 

23 ‘‘(1) the defendant was acting in good faith, or 

24 that the defendant believed, reasonably or otherwise, 


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1 that his or her conduct was lawful at the time when 

2 the conduct was committed; or 

3 ‘‘(2) the rights, privileges, or immunities se4 cured by the Constitution and laws were not clearly 

5 established at the time of their deprivation by the 

6 defendant, or that at this time, the state of the law 

7 was otherwise such that the defendant could not rea8 sonably have been expected to know whether his or 

9 her conduct was lawful.’’. 

10 SEC. 103. PATTERN AND PRACTICE INVESTIGATIONS. 

11 (a) SUBPOENA AUTHORITY.—Section 210401 of the 

12 Violent Crime Control and Law Enforcement Act of 1994 

13 (34 U.S.C. 12601) is amended— 

14 (1) in subsection (b), by striking ‘‘paragraph 

15 (1)’’ and inserting ‘‘subsection (a)’’; and 

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

17 ‘‘(c) SUBPOENA AUTHORITY.—In carrying out the 

18 authority in subsection (b), the Attorney General may re19 quire by subpoena the production of all information, docu20 ments, reports, answers, records, accounts, papers, and 

21 other data in any medium (including electronically stored 

22 information), as well as any tangible thing and documen23 tary evidence, and the attendance and testimony of wit24 nesses necessary in the performance of the Attorney Gen25 eral under subsection (b). Such a subpoena, in the case 


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1 of contumacy or refusal to obey, shall be enforceable by 

2 order of any appropriate district court of the United 

3 States.’’. 

4 (b) GRANT PROGRAM.— 

5 (1) GRANTS AUTHORIZED.—The Attorney Gen6 eral may award a grant to a State to assist the 

7 State in conducting pattern and practice investiga8 tions at the State level. 

9 (2) ELIGIBILITY.—In order for a State to be el10 igible for a grant under paragraph (1), the attorney 

11 general of the State, or similar State official, shall 

12 have the authority to conduct pattern and practice 

13 investigations, as described in section 210401 of the 

14 Violent Crime Control and Law Enforcement Act of 

15 1994 (34 U.S.C. 12601), of governmental agencies 

16 in the State. 

17 (3) APPLICATION.—A State seeking a grant 

18 under paragraph (1) shall submit an application in 

19 such form, at such time, and containing such infor20 mation as the Attorney General may require. 

21 (4) FUNDING.—There are authorized to be ap22 propriated $100,000,000 to the Attorney General for 

23 each of fiscal years 2020 through 2022 to carry out 

24 this subsection. 


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1 SEC. 104. INDEPENDENT INVESTIGATIONS. 

2 (a) IN GENERAL.— 

3 (1) DEFINITIONS.—In this subsection: 

4 (A) DEADLY FORCE.—The term ‘‘deadly 

5 force’’ means that force which a reasonable per6 son would consider likely to cause death or seri7 ous bodily harm. 

8 (B) INDEPENDENT PROSECUTION.—The 

9 term ‘‘independent prosecution’’, with respect to 

10 a criminal investigation or prosecution of a law 

11 enforcement officer’s use of deadly force, in12 cludes using one or more of the following: 

13 (i) Using an agency or civilian review 

14 board that investigates and independently 

15 reviews all officer use of force allegations. 

16 (ii) Assigning the attorney general of 

17 the State in which the alleged crime was 

18 committed to conduct the criminal inves19 tigation and prosecution. 

20 (iii) Adopting a procedure under 

21 which an automatic referral is made to a 

22 special prosecutor appointed and overseen 

23 by the attorney general of the State in 

24 which the alleged crime was committed. 

25 (iv) Adopting a procedure under 

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1 signed to investigate and prosecute the 

2 case. 

3 (v) Having law enforcement agencies 

4 agree to and implement memoranda of un5 derstanding with other law enforcement 

6 agencies under which the other law en7 forcement agencies— 

8 (I) shall conduct the criminal in9 vestigation; and 

10 (II) upon conclusion of the crimi11 nal investigation, shall file a report 

12 with the attorney general of the State 

13 containing a determination regarding 

14 whether— 

15 (aa) the use of deadly force 

16 was appropriate; and 

17 (bb) any action should be 

18 taken by the attorney general of 

19 the State. 

20 (vi) Using an independent prosecutor. 

21 (C) INDEPENDENT PROSECUTION OF LAW

22 ENFORCEMENT STATUTE.—The term ‘‘inde23 pendent prosecution of law enforcement stat24 ute’’ means a statute requiring an independent 

25 prosecution in a criminal matter in which— 


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1 (i) one or more of the possible defend2 ants is a law enforcement officer; 

3 (ii) one or more of the alleged offenses 

4 involves the law enforcement officer’s use 

5 of deadly force in the course of carrying 

6 out that officer’s duty; and 

7 (iii) the law enforcement officer’s use 

8 of deadly force resulted in a death or in9 jury. 

10 (D) INDEPENDENT PROSECUTOR.—The 

11 term ‘‘independent prosecutor’’ means, with re12 spect to a criminal investigation or prosecution 

13 of a law enforcement officer’s use of deadly 

14 force, a prosecutor who— 

15 (i) does not oversee or regularly rely 

16 on the law enforcement agency by which 

17 the law enforcement officer under inves18 tigation is employed; and 

19 (ii) would not be involved in the pros20 ecution in the ordinary course of that pros21 ecutor’s duties. 

22 (2) GRANT PROGRAM.—The Attorney General 

23 may award grants to eligible States and Indian 

24 Tribes to assist in implementing an independent 

25 prosecution of law enforcement statute. 


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1 (3) ELIGIBILITY.—To be eligible for a grant 

2 under this subsection, a State shall, as of the last 

3 day of the prior fiscal year, have enacted and have 

4 in effect an independent prosecution of law enforce5 ment statute. 

6 (4) AUTHORIZATION OF APPROPRIATIONS.— 

7 There are authorized to be appropriated to the At8 torney General $750,000,000 for fiscal years 2020 

9 through 2022 to carry out this subsection. 

10 (b) COPS GRANT PROGRAM USED FOR CIVILIAN RE11 VIEW BOARDS.—Part Q of title I of the Omnibus Crime 

12 Control and Safe Streets Act of 1968 (34 U.S.C. 10381 

13 et seq.) is amended— 

14 (1) in section 1701(b) (34 U.S.C. 10381(b))— 

15 (A) by redesignating paragraphs (22) and 

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

17 (B) in paragraph (23), as so redesignated, 

18 by striking ‘‘(21)’’ and inserting ‘‘(22)’’; and 

19 (C) by inserting after paragraph (21) the 

20 following: 

21 ‘‘(22) to develop best practices for and to create 

22 civilian review boards;’’; and 

23 (2) in section 1709 (34 U.S.C. 10389), by add24 ing at the end the following: 


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1 ‘‘(8) ‘civilian review board’ means an adminis2 trative entity that— 

3 ‘‘(A) is independent and adequately fund4 ed; 

5 ‘‘(B) has investigatory authority and staff 

6 subpoena power; 

7 ‘‘(C) has representative community diver8 sity; 

9 ‘‘(D) has policy making authority; 

10 ‘‘(E) provides advocates for civilian com11 plainants; 

12 ‘‘(F) has mandatory police power to con13 duct hearings; and 

14 ‘‘(G) conducts statistical studies on pre15 vailing complaint trends.’’. 

16 Subtitle B—Law Enforcement 

17 Trust and Integrity Act 

18 SEC. 111. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘Law Enforcement 

20 Trust and Integrity Act of 2020’’. 

21 SEC. 112. DEFINITIONS. 

22 In this subtitle: 

23 (1) COMMUNITY-BASED ORGANIZATION.—The 

24 term ‘‘community-based organization’’ means a 

25 grassroots organization that monitors the issue of 


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1 police misconduct and that has a national presence 

2 and membership, such as the National Association 

3 for the Advancement of Colored People (NAACP), 

4 the American Civil Liberties Union (ACLU), the 

5 National Council of La Raza, the National Urban 

6 League, the National Congress of American Indians, 

7 or the National Asian Pacific American Legal Con8 sortium (NAPALC). 

9 (2) LAW ENFORCEMENT ACCREDITATION ORGA10 NIZATION.—The term ‘‘law enforcement accredita11 tion organization’’ means a professional law enforce12 ment organization involved in the development of 

13 standards of accreditation for law enforcement agen14 cies at the national, State, regional, or tribal level, 

15 such as the Commission on Accreditation for Law 

16 Enforcement Agencies (CALEA). 

17 (3) LAW ENFORCEMENT AGENCY.—The term 

18 ‘‘law enforcement agency’’ means a State, local, In19 dian tribal, or campus public agency engaged in the 

20 prevention, detection, or investigation, prosecution, 

21 or adjudication of violations of criminal laws. 

22 (4) PROFESSIONAL LAW ENFORCEMENT ASSO23 CIATION.—The term ‘‘professional law enforcement 

24 association’’ means a law enforcement membership 

25 association that works for the needs of Federal, 


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1 State, local, or Indian tribal law enforcement agen2 cies and with the civilian community on matters of 

3 common interest, such as the Hispanic American 

4 Police Command Officers Association (HAPCOA), 

5 the National Asian Pacific Officers Association 

6 (NAPOA), the National Black Police Association 

7 (NBPA), the National Latino Peace Officers Asso8 ciation (NLPOA), the National Organization of 

9 Black Law Enforcement Executives (NOBLE), 

10 Women in Law Enforcement, the Native American 

11 Law Enforcement Association (NALEA), the Inter12 national Association of Chiefs of Police (IACP), the 

13 National Sheriffs’ Association (NSA), the Fraternal 

14 Order of Police (FOP), and the National Association 

15 of School Resource Officers. 

16 (5) PROFESSIONAL CIVILIAN OVERSIGHT ORGA17 NIZATION.—The term ‘‘professional civilian oversight 

18 organization’’ means a membership organization 

19 formed to address and advance the cause of civilian 

20 oversight of law enforcement and whose members 

21 are from Federal, State, regional, local, or tribal or22 ganizations that review issues or complaints against 

23 law enforcement agencies or individuals, such as the 

24 National Association for Civilian Oversight of Law 

25 Enforcement (NACOLE). 


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1 SEC. 113. ACCREDITATION OF LAW ENFORCEMENT AGEN2 CIES. 

3 (a) STANDARDS.— 

4 (1) INITIAL ANALYSIS.—The Attorney General 

5 shall perform an initial analysis of existing accredi6 tation standards and methodology developed by law 

7 enforcement accreditation organizations nationwide, 

8 including national, State, regional, and tribal accred9 itation organizations. Such an analysis shall include 

10 a review of the recommendations of the Final Report 

11 of the President’s Taskforce on 21st Century Polic12 ing, issued in May 2015. 

13 (2) DEVELOPMENT OF UNIFORM STANDARDS.— 

14 After completion of the initial review and analysis 

15 under paragraph (1), the Attorney General shall— 

16 (A) recommend, in consultation with law 

17 enforcement accreditation organizations, the 

18 adoption of additional standards that will result 

19 in greater community accountability of law en20 forcement agencies and an increased focus on 

21 policing with a guardian mentality, including 

22 standards relating to— 

23 (i) early warning systems and related 

24 intervention programs; 

25 (ii) use of force procedures; 

26 (iii) civilian review procedures; 


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1 (iv) traffic and pedestrian stop and 

2 search procedures; 

3 (v) data collection and transparency; 

4 (vi) administrative due process re5 quirements; 

6 (vii) video monitoring technology; 

7 (viii) juvenile justice and school safe8 ty; and 

9 (ix) training; and 

10 (B) recommend additional areas for the 

11 development of national standards for the ac12 creditation of law enforcement agencies in con13 sultation with existing law enforcement accredi14 tation organizations, professional law enforce15 ment associations, labor organizations, commu16 nity-based organizations, and professional civil17 ian oversight organizations. 

18 (3) CONTINUING ACCREDITATION PROCESS.— 

19 The Attorney General shall adopt policies and proce20 dures to partner with law enforcement accreditation 

21 organizations, professional law enforcement associa22 tions, labor organizations, community-based organi23 zations, and professional civilian oversight organiza24 tions to continue the development of further accredi25 tation standards consistent with paragraph (2) and 


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1 to encourage the pursuit of accreditation of Federal, 

2 State, local, and tribal law enforcement agencies by 

3 certified law enforcement accreditation organiza4 tions. 

5 (b) USE OF FUNDS REQUIREMENTS.—Section 

6 502(a) of title I of the Omnibus Crime Control and Safe 

7 Streets Act of 1968 (34 U.S.C. 10153(a)) is amended by 

8 adding at the end the following: 

9 ‘‘(7) An assurance that, for each fiscal year 

10 covered by an application, the applicant will use not 

11 less than 5 percent of the total amount of the grant 

12 award for the fiscal year to assist law enforcement 

13 agencies of the applicant, including campus public 

14 safety departments, gain or maintain accreditation 

15 from certified law enforcement accreditation organi16 zations in accordance with section 113 of the Law 

17 Enforcement Trust and Integrity Act of 2020.’’. 

18 SEC. 114. LAW ENFORCEMENT GRANTS. 

19 (a) USE OF FUNDS REQUIREMENT.—Section 502(a) 

20 of title I of the Omnibus Crime Control and Safe Streets 

21 Act of 1968 (34 U.S.C. 10153(a)), as amended by section 

22 113, is amended by adding at the end the following: 

23 ‘‘(8) An assurance that, for each fiscal year 

24 covered by an application, the applicant will use not 

25 less than 5 percent of the total amount of the grant 


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1 award for the fiscal year to study and implement ef2 fective management, training, recruiting, hiring, and 

3 oversight standards and programs to promote effec4 tive community and problem solving strategies for 

5 law enforcement agencies in accordance with section 

6 114 of the Law Enforcement Trust and Integrity 

7 Act of 2020.’’. 

8 (b) GRANT PROGRAM FOR COMMUNITY ORGANIZA9 TIONS.—The Attorney General may make grants to com10 munity-based organizations to study and implement effec11 tive management, training, recruiting, hiring, and over12 sight standards and programs to promote effective com13 munity and problem solving strategies for law enforcement 

14 agencies. 

15 (c) USE OF FUNDS.—Grant amounts described in 

16 paragraph (8) of section 502(a) of title I of the Omnibus 

17 Crime Control and Safe Streets Act of 1968 (34 U.S.C. 

18 10153(a)), as added by subsection (a) of this section, and 

19 grant amounts awarded under subsection (b) shall be used 

20 to— 

21 (1) study of management and operations stand22 ards for law enforcement agencies, including stand23 ards relating to administrative due process, resi24 dency requirements, compensation and benefits, use 

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1 venile justice, school safety, civilian review boards or 

2 analogous procedures, or research into the effective3 ness of existing programs, projects, or other activi4 ties designed to address misconduct by law enforce5 ment officers; 

6 (2) to develop pilot programs and implement ef7 fective standards and programs in the areas of train8 ing, hiring and recruitment, and oversight that are 

9 designed to improve management and address mis10 conduct by law enforcement officers. 

11 (d) COMPONENTS OF PILOT PROGRAM.—A pilot pro12 gram developed under subsection (c)(2) shall include the 

13 following: 

14 (1) TRAINING.—Law enforcement policies, 

15 practices, and procedures addressing training and 

16 instruction to comply with accreditation standards in 

17 the areas of— 

18 (A) the use of lethal, nonlethal force, and 

19 de-escalation; 

20 (B) investigation of misconduct and prac21 tices and procedures for referral to prosecuting 

22 authorities use of deadly force or racial 

23 profiling; 

24 (C) disproportionate minority contact by 

25 law enforcement; 


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1 (D) tactical and defensive strategy; 

2 (E) arrests, searches, and restraint; 

3 (F) professional verbal communications 

4 with civilians; 

5 (G) interactions with youth, the mentally 

6 ill, limited English proficiency, and multi-cul7 tural communities; 

8 (H) proper traffic, pedestrian, and other 

9 enforcement stops; and 

10 (I) community relations and bias aware11 ness. 

12 (2) RECRUITMENT, HIRING, RETENTION, AND

13 PROMOTION OF DIVERSE LAW ENFORCEMENT OFFI14 CERS.—Policies, procedures, and practices for— 

15 (A) the hiring and recruitment of diverse 

16 law enforcement officers representative of the 

17 communities they serve; 

18 (B) the development of selection, pro19 motion, educational, background, and psycho20 logical standards that comport with title VII of 

21 the Civil Rights Act of 1964 (42 U.S.C. 2000e 

22 et seq.); and 

23 (C) initiatives to encourage residency in 

24 the jurisdiction served by the law enforcement 

25 agency and continuing education. 


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1 (3) OVERSIGHT.—Complaint procedures, in2 cluding the establishment of civilian review boards or 

3 analogous procedures for jurisdictions across a range 

4 of sizes and agency configurations, complaint proce5 dures by community-based organizations, early 

6 warning systems and related intervention programs, 

7 video monitoring technology, data collection and 

8 transparency, and administrative due process re9 quirements inherent to complaint procedures for 

10 members of the public and law enforcement. 

11 (4) JUVENILE JUSTICE AND SCHOOL SAFETY.— 

12 The development of uniform standards on juvenile 

13 justice and school safety, including standards relat14 ing to interaction and communication with juveniles, 

15 physical contact, use of lethal and nonlethal force, 

16 notification of a parent or guardian, interviews and 

17 questioning, custodial interrogation, audio and video 

18 recording, conditions of custody, alternatives to ar19 rest, referral to child protection agencies, and re20 moval from school grounds or campus. 

21 (5) VICTIM SERVICES.—Counseling services, in22 cluding psychological counseling, for individuals and 

23 communities impacted by law enforcement mis24 conduct. 

25 (e) TECHNICAL ASSISTANCE.— 


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1 (1) IN GENERAL.—The Attorney General may 

2 provide technical assistance to States and commu3 nity-based organizations in furtherance of the pur4 poses of this section. 

5 (2) MODELS FOR REDUCTION OF LAW EN6 FORCEMENT MISCONDUCT.—The technical assistance 

7 provided by the Attorney General may include the 

8 development of models for States and community9 based organizations to reduce law enforcement offi10 cer misconduct. Any development of such models 

11 shall be in consultation with community-based orga12 nizations. 

13 (f) USE OF COMPONENTS.—The Attorney General 

14 may use any component or components of the Department 

15 of Justice in carrying out this section. 

16 (g) APPLICATIONS.— 

17 (1) APPLICATION.—An application for a grant 

18 under subsection (b) shall be submitted in such 

19 form, and contain such information, as the Attorney 

20 General may prescribe by guidelines. 

21 (2) APPROVAL.—A grant may not be made 

22 under this section unless an application has been 

23 submitted to, and approved by, the Attorney Gen24 eral. 

25 (h) PERFORMANCE EVALUATION.— 


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1 (1) MONITORING COMPONENTS.— 

2 (A) IN GENERAL.—Each program, project, 

3 or activity funded under this section shall con4 tain a monitoring component, which shall be de5 veloped pursuant to guidelines established by 

6 the Attorney General. 

7 (B) REQUIREMENT.—Each monitoring 

8 component required under subparagraph (A) 

9 shall include systematic identification and col10 lection of data about activities, accomplish11 ments, and programs throughout the life of the 

12 program, project, or activity and presentation 

13 of such data in a usable form. 

14 (2) EVALUATION COMPONENTS.— 

15 (A) IN GENERAL.—Selected grant recipi16 ents shall be evaluated on the local level or as 

17 part of a national evaluation, pursuant to 

18 guidelines established by the Attorney General. 

19 (B) REQUIREMENTS.—An evaluation con20 ducted under subparagraph (A) may include 

21 independent audits of police behavior and other 

22 assessments of individual program implementa23 tions. In selected jurisdictions that are able to 

24 support outcome evaluations, the effectiveness 


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1 of funded programs, projects, and activities 

2 may be required. 

3 (3) PERIODIC REVIEW AND REPORTS.—The At4 torney General may require a grant recipient to sub5 mit biannually to the Attorney General the results of 

6 the monitoring and evaluations required under para7 graphs (1) and (2) and such other data and infor8 mation as the Attorney General determines to be 

9 necessary. 

10 (i) REVOCATION OR SUSPENSION OF FUNDING.—If 

11 the Attorney General determines, as a result of monitoring 

12 under subsection (h) or otherwise, that a grant recipient 

13 under the Byrne grant program or under subsection (b) 

14 is not in substantial compliance with the requirements of 

15 this section, the Attorney General may revoke or suspend 

16 funding of that grant, in whole or in part. 

17 (j) CIVILIAN REVIEW BOARD DEFINED.—In this sec18 tion, the term ‘‘civilian review board’’ means an adminis19 trative entity that— 

20 (1) is independent and adequately funded; 

21 (2) has investigatory authority and staff sub22 poena power; 

23 (3) has representative community diversity; 

24 (4) has policy making authority; 

25 (5) provides advocates for civilian complainants; 


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1 (6) has mandatory police power to conduct 

2 hearings; and 

3 (7) conducts statistical studies on prevailing 

4 complaint trends. 

5 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Attorney General 

7 $25,000,000 for fiscal year 2020 to carry out the grant 

8 program authorized under subsection (b). 

9 SEC. 115. ATTORNEY GENERAL TO CONDUCT STUDY. 

10 (a) STUDY.— 

11 (1) IN GENERAL.—The Attorney General shall 

12 conduct a nationwide study of the prevalence and ef13 fect of any law, rule, or procedure that allows a law 

14 enforcement officer to delay the response to ques15 tions posed by a local internal affairs officer, or re16 view board on the investigative integrity and pros17 ecution of law enforcement misconduct, including 

18 pre-interview warnings and termination policies. 

19 (2) INITIAL ANALYSIS.—The Attorney General 

20 shall perform an initial analysis of existing State 

21 statutes to determine whether, at a threshold level, 

22 the effect of this type of rule or procedure raises 

23 material investigatory issues that could impair or 

24 hinder a prompt and thorough investigation of posVerDate Sep 11 2014 04:04 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S3912.IS S3912

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1 sible misconduct, including criminal conduct, that 

2 would justify a wider inquiry. 

3 (3) DATA COLLECTION.—After completion of 

4 the initial analysis under paragraph (2), and consid5 ering material investigatory issues, the Attorney 

6 General shall gather additional data nationwide on 

7 similar rules from a representative and statistically 

8 significant sample of jurisdictions, to determine 

9 whether such rules and procedures raise such mate10 rial investigatory issues. 

11 (b) REPORTING.— 

12 (1) INITIAL ANALYSIS.—Not later than 120 

13 days after the date of the enactment of this Act, the 

14 Attorney General shall— 

15 (A) submit to Congress a report containing 

16 the results of the initial analysis conducted 

17 under subsection (a)(2); 

18 (B) make the report submitted under sub19 paragraph (A) available to the public; and 

20 (C) identify the jurisdictions for which the 

21 study described in subsection (a)(1) is to be 

22 conducted. 

23 (2) DATA COLLECTED.—Not later than 2 years 

24 after the date of the enactment of this Act, the At25 torney General shall submit to Congress a report 


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1 containing the results of the data collected under 

2 this section and publish the report in the Federal 

3 Register. 

4 SEC. 116. AUTHORIZATION OF APPROPRIATIONS. 

5 There are authorized to be appropriated for fiscal 

6 year 2020, in addition to any other sums authorized to 

7 be appropriated for this purpose— 

8 (1) $25,000,000 for additional expenses relat9 ing to the enforcement of section 210401 of the Vio10 lent Crime Control and Law Enforcement Act of 

11 1994 (34 U.S.C. 12601), criminal enforcement 

12 under sections 241 and 242 of title 18, United 

13 States Code, and administrative enforcement by the 

14 Department of Justice, including compliance with 

15 consent decrees or judgments entered into under 

16 such section 210401; and 

17 (2) $3,300,000 for additional expenses related 

18 to conflict resolution by the Department of Justice’s 

19 Community Relations Service. 

20 SEC. 117. NATIONAL TASK FORCE ON LAW ENFORCEMENT 

21 OVERSIGHT. 

22 (a) ESTABLISHMENT.—There is established within 

23 the Department of Justice a task force to be known as 

24 the Task Force on Law Enforcement Oversight (herein25 after in this section referred to as the ‘‘Task Force’’). 


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1 (b) COMPOSITION.—The Task Force shall be com2 posed of individuals appointed by the Attorney General, 

3 who shall appoint not less than 1 individual from each of 

4 the following: 

5 (1) The Special Litigation Section of the Civil 

6 Rights Division. 

7 (2) The Criminal Section of the Civil Rights Di8 vision. 

9 (3) The Federal Coordination and Compliance 

10 Section of the Civil Rights Division. 

11 (4) The Employment Litigation Section of the 

12 Civil Rights Division. 

13 (5) The Disability Rights Section of the Civil 

14 Rights Division. 

15 (6) The Office of Justice Programs. 

16 (7) The Office of Community Oriented Policing 

17 Services (COPS). 

18 (8) The Corruption/Civil Rights Section of the 

19 Federal Bureau of Investigation. 

20 (9) The Community Relations Service. 

21 (10) The Office of Tribal Justice. 

22 (11) The unit within the Department of Justice 

23 assigned as a liaison for civilian review boards. 

24 (c) POWERS AND DUTIES.—The Task Force shall 

25 consult with professional law enforcement associations, 


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1 labor organizations, and community-based organizations 

2 to coordinate the process of the detection and referral of 

3 complaints regarding incidents of alleged law enforcement 

4 misconduct. 

5 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated $5,000,000 for each fis7 cal year to carry out this section. 

8 SEC. 118. FEDERAL DATA COLLECTION ON LAW ENFORCE9 MENT PRACTICES. 

10 (a) AGENCIES TO REPORT.—Each Federal, State, 

11 and local law enforcement agency shall report data of the 

12 practices of that agency to the Attorney General. 

13 (b) BREAKDOWN OF INFORMATION BY RACE, ETH14 NICITY, AND GENDER.—For each practice enumerated in 

15 subsection (c), the reporting law enforcement agency shall 

16 provide a breakdown of the numbers of incidents of that 

17 practice by race, ethnicity, age, and gender of the officers 

18 and employees of the agency and of members of the public 

19 involved in the practice. 

20 (c) PRACTICES TO BE REPORTED ON.—The prac21 tices to be reported on are the following: 

22 (1) Traffic violation stops. 

23 (2) Pedestrian stops. 

24 (3) Frisk and body searches. 


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1 (4) Instances where officers or employees of the 

2 law enforcement agency used deadly force, includ3 ing— 

4 (A) a description of when and where dead5 ly force was used, and whether it resulted in 

6 death; 

7 (B) a description of deadly force directed 

8 against an officer or employee and whether it 

9 resulted in injury or death; and 

10 (C) the law enforcement agency’s justifica11 tion for use of deadly force, if the agency deter12 mines it was justified. 

13 (d) RETENTION OF DATA.—Each law enforcement 

14 agency required to report data under this section shall 

15 maintain records relating to any matter so reportable for 

16 not less than 4 years after those records are created. 

17 (e) PENALTY FOR STATES FAILING TO REPORT AS

18 REQUIRED.— 

19 (1) IN GENERAL.—For any fiscal year, a State 

20 shall not receive any amount that would otherwise 

21 be allocated to that State under section 505(a) of 

22 title I of the Omnibus Crime Control and Safe 

23 Streets Act of 1968 (34 U.S.C. 10156(a)), or any 

24 amount from any other law enforcement assistance 

25 program of the Department of Justice, unless the 


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1 State has ensured, to the satisfaction of the Attor2 ney General, that the State and each local law en3 forcement agency of the State is in substantial com4 pliance with the requirements of this section. 

5 (2) REALLOCATION.—Amounts not allocated by 

6 reason of this subsection shall be reallocated to 

7 States not disqualified by failure to comply with this 

8 section. 

9 (f) REGULATIONS.—The Attorney General shall pre10 scribe regulations to carry out this section. 

11 TITLE II—POLICING TRANSPAR12 ENCY THROUGH DATA 

13 Subtitle A—National Police 

14 Misconduct Registry 

15 SEC. 201. ESTABLISHMENT OF NATIONAL POLICE MIS16 CONDUCT REGISTRY. 

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

18 date of enactment of this Act, the Attorney General shall 

19 establish a National Police Misconduct Registry to be com20 piled and maintained by the Department of Justice. 

21 (b) CONTENTS OF REGISTRY.—The Registry re22 quired to be established under subsection (a) shall contain 

23 the following data with respect to all Federal and local 

24 law enforcement officers: 


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1 (1) Each complaint filed against a law enforce2 ment officer, aggregated by— 

3 (A) complaints that were found to be cred4 ible or that resulted in disciplinary action of the 

5 law enforcement officer, disaggregated by 

6 whether the complaint involved a use of force; 

7 (B) complaints that are pending review, 

8 disaggregated by whether the complaint in9 volved a use of force; and 

10 (C) complaints for which the law enforce11 ment officer was exonerated or that were deter12 mined to be unfounded or not sustained, 

13 disaggregated by whether the complaint in14 volved a use of force. 

15 (2) Discipline records, disaggregated by wheth16 er the complaint involved a use of force. 

17 (3) Termination records, including the reason 

18 for each termination, disaggregated by whether the 

19 complaint involved a use of force. 

20 (4) Records of certification in accordance with 

21 section 202. 

22 (5) Records of lawsuits and settlements made 

23 against law enforcement officers. 

24 (c) FEDERAL AGENCY REPORTING REQUIRE25 MENTS.—Not later than 360 days after the date of enactVerDate Sep 11 2014 04:04 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S3912.IS S3912

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1 ment of this Act, and every 180 days thereafter, the head 

2 of each Federal law enforcement agency shall submit to 

3 the Attorney General the information described in sub4 section (b). 

5 (d) STATE AND LOCAL LAW ENFORCEMENT AGENCY

6 REPORTING REQUIREMENTS.—Beginning in the first fis7 cal year beginning after the date of enactment of this Act 

8 and each fiscal year thereafter in which a State receives 

9 funds under the Byrne grant program, the State shall, 

10 once every 180 days, submit to the Attorney General the 

11 information described in subsection (b) for each local law 

12 enforcement agency within the State. 

13 (e) PUBLIC AVAILABILITY OF REGISTRY.— 

14 (1) IN GENERAL.—In establishing the Registry 

15 required under subsection (a), the Attorney General 

16 shall make the Registry available to the public. 

17 (2) PRIVACY PROTECTIONS.—Nothing in this 

18 subsection shall be construed to supersede the re19 quirements or limitations under section 552a of title 

20 5, United States Code (commonly known as the 

21 ‘‘Privacy Act of 1974’’). 

22 SEC. 202. CERTIFICATION REQUIREMENTS FOR HIRING OF 

23 LAW ENFORCEMENT OFFICERS. 

24 Beginning in the first fiscal year beginning after the 

25 date of enactment of this Act, a State or other jurisdiction 


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1 may not receive funds under the Byrne grant program for 

2 a fiscal year if, on the day before the first day of the fiscal 

3 year, the State or other jurisdiction has not submitted to 

4 the National Police Misconduct Registry established under 

5 section 201 records demonstrating that all law enforce6 ment officers of the State or other jurisdiction have com7 pleted all State certification requirements during the 1- 

8 year period preceding the fiscal year. 

9 Subtitle B—PRIDE Act 

10 SEC. 221. SHORT TITLE. 

11 This subtitle may be cited as the ‘‘Police Reporting 

12 Information, Data, and Evidence Act of 2020’’ or the 

13 ‘‘PRIDE Act’’. 

14 SEC. 222. DEFINITIONS. 

15 In this subtitle: 

16 (1) LOCAL EDUCATIONAL AGENCY.—The term 

17 ‘‘local educational agency’’ has the meaning given 

18 the term in section 8101 of the Elementary and Sec19 ondary Education Act of 1965 (20 U.S.C. 7801). 

20 (2) LOCAL LAW ENFORCEMENT OFFICER.—The 

21 term ‘‘local law enforcement officer’’ includes a 

22 school resource officer. 

23 (3) SCHOOL.—The term ‘‘school’’ means an ele24 mentary school or secondary school (as those terms 

25 are defined in section 8101 of the Elementary and 


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1 Secondary Education Act of 1965 (20 U.S.C. 

2 7801)). 

3 (4) SCHOOL RESOURCE OFFICER.—The term 

4 ‘‘school resource officer’’ means a sworn law enforce5 ment officer who is— 

6 (A) assigned by the employing law enforce7 ment agency to a local educational agency or 

8 school; 

9 (B) contracting with a local educational 

10 agency or school; or 

11 (C) employed by a local educational agency 

12 or school. 

13 (5) USE OF FORCE.—The term ‘‘use of force’’ 

14 includes the use of a firearm, Taser, explosive de15 vice, chemical agent (such as pepper spray), baton, 

16 impact projectile, blunt instrument, hand, fist, foot, 

17 canine, or vehicle against an individual. 

18 SEC. 223. USE OF FORCE REPORTING. 

19 (a) REPORTING REQUIREMENTS.— 

20 (1) IN GENERAL.—Beginning in the first fiscal 

21 year beginning after the date of enactment of this 

22 Act and each fiscal year thereafter in which a State 

23 receives funds under a Byrne grant program, the 

24 State shall— 


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1 (A) report to the Attorney General, on a 

2 quarterly basis and pursuant to guidelines es3 tablished by the Attorney General, information 

4 regarding— 

5 (i) any incident involving the shooting 

6 of a civilian by a local law enforcement of7 ficer who is employed by the State or by 

8 a unit of local government in the State; 

9 (ii) any incident involving the shooting 

10 of a local law enforcement officer described 

11 in clause (i) by a civilian; 

12 (iii) any incident involving the death 

13 or arrest of a law enforcement officer; 

14 (iv) any incident in which use of force 

15 by or against a local law enforcement offi16 cer described in clause (i) occurs, which is 

17 not reported under clause (i), (ii), or (iii); 

18 (v) deaths in custody; and 

19 (vi) arrests and bookings; 

20 (B) establish a system and a set of policies 

21 to ensure that all use of force incidents are re22 ported by local law enforcement officers; and 

23 (C) submit to the Attorney General a plan 

24 for the collection of data required to be re25 ported under this section, including any modiVerDate Sep 11 2014 04:04 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S3912.IS S3912

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1 fications to a previously submitted data collec2 tion plan. 

3 (2) REPORT INFORMATION REQUIRED.— 

4 (A) IN GENERAL.—The report required 

5 under paragraph (1)(A) shall contain informa6 tion that includes, at a minimum— 

7 (i) the national origin, sex, race, eth8 nicity, age, disability, English language 

9 proficiency, and housing status of each ci10 vilian against whom a local law enforce11 ment officer used force; 

12 (ii) the date, time, and location, in13 cluding whether it was on school grounds, 

14 zip code, of the incident and whether the 

15 jurisdiction in which the incident occurred 

16 allows for the open-carry or concealed17 carry of a firearm; 

18 (iii) whether the civilian was armed, 

19 and, if so, the type of weapon the civilian 

20 had; 

21 (iv) the type of force used against the 

22 officer, the civilian, or both, including the 

23 types of weapons used; 

24 (v) the reason force was used; 


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1 (vi) a description of any injuries sus2 tained as a result of the incident; 

3 (vii) the number of officers involved in 

4 the incident; 

5 (viii) the number of civilians involved 

6 in the incident; and 

7 (ix) a brief description regarding the 

8 circumstances surrounding the incident, 

9 which shall include information on— 

10 (I) the type of force used by all 

11 involved persons; 

12 (II) the legitimate police objective 

13 necessitating the use of force; 

14 (III) the resistance encountered 

15 by each local law enforcement officer 

16 involved in the incident; 

17 (IV) the efforts by local law en18 forcement officers to— 

19 (aa) de-escalate the situation 

20 in order to avoid the use of force; 

21 or 

22 (bb) minimize the level of 

23 force used; and 


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1 (V) if applicable, the reason why 

2 efforts described in subclause (IV) 

3 were not attempted. 

4 (B) INCIDENTS REPORTED UNDER DEATH

5 IN CUSTODY REPORTING ACT.—A State is not 

6 required to include in a report under subsection 

7 (a)(1) an incident reported by the State in ac8 cordance with section 20104(a)(2) of the Vio9 lent Crime Control and Law Enforcement Act 

10 of 1994 (34 U.S.C. 12104(a)(2)). 

11 (3) AUDIT OF USE-OF-FORCE REPORTING.—Not 

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

13 Act, and each year thereafter, each State and Indian 

14 Tribe described in paragraph (1) shall— 

15 (A) conduct an audit of the use of force in16 cident reporting system required to be estab17 lished under paragraph (1)(B); and 

18 (B) submit a report to the Attorney Gen19 eral on the audit conducted under subpara20 graph (A). 

21 (4) COMPLIANCE PROCEDURE.—Prior to sub22 mitting a report under paragraph (1)(A), the State 

23 submitting such report shall compare the informa24 tion compiled to be reported pursuant to clause (i) 

25 of paragraph (1)(A) to open-source data records, 


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1 and shall revise such report to include any incident 

2 determined to be missing from the report based on 

3 such comparison. Failure to comply with the proce4 dures described in the previous sentence shall be 

5 considered a failure to comply with the requirements 

6 of this section. 

7 (b) INELIGIBILITY FOR FUNDS.— 

8 (1) IN GENERAL.—For any fiscal year in which 

9 a State or Indian Tribe fails to comply with this sec10 tion, the State or Indian Tribe, at the discretion of 

11 the Attorney General, shall be subject to not more 

12 than a 10-percent reduction of the funds that would 

13 otherwise be allocated for that fiscal year to the 

14 State under a Byrne grant program. 

15 (2) REALLOCATION.—Amounts not allocated 

16 under a Byrne grant program in accordance with 

17 paragraph (1) to a State for failure to comply with 

18 this section shall be reallocated under the Byrne 

19 grant program to States that have not failed to com20 ply with this section. 

21 (3) INFORMATION REGARDING SCHOOL RE22 SOURCE OFFICERS.—The State shall ensure that all 

23 schools and local educational agencies within the ju24 risdiction of the State provide the State with the inVerDate Sep 11 2014 04:04 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S3912.IS S3912

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1 formation needed regarding school resource officers 

2 to comply with this section. 

3 (c) PUBLIC AVAILABILITY OF DATA.— 

4 (1) IN GENERAL.—Not later than 1 year after 

5 the date of enactment of this Act, and each year 

6 thereafter, the Attorney General shall publish, and 

7 make available to the public, a report containing the 

8 data reported to the Attorney General under this 

9 section. 

10 (2) PRIVACY PROTECTIONS.—Nothing in this 

11 subsection shall be construed to supersede the re12 quirements or limitations under section 552a of title 

13 5, United States Code (commonly known as the 

14 ‘‘Privacy Act of 1974’’). 

15 (d) GUIDANCE.—Not later than 180 days after the 

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

17 coordination with the Director of the Federal Bureau of 

18 Investigation, shall issue guidance on best practices relat19 ing to establishing standard data collection systems that 

20 capture the information required to be reported under sub21 section (a)(2), which shall include standard and consistent 

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

23 which is consistent with the definition of such term in sec24 tion 222. 


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1 SEC. 224. USE OF FORCE DATA REPORTING. 

2 (a) TECHNICAL ASSISTANCE GRANTS AUTHOR3 IZED.—The Attorney General may make grants to eligible 

4 law enforcement agencies to be used for the activities de5 scribed in subsection (c). 

6 (b) ELIGIBILITY.—In order to be eligible to receive 

7 a grant under this section a law enforcement agency 

8 shall— 

9 (1) be an Indian Tribe or located in a State 

10 that receives funds under a Byrne grant program; 

11 (2) employ not more that 100 local or tribal law 

12 enforcement officers; 

13 (3) demonstrate that the use of force policy for 

14 local law enforcement officers employed by the law 

15 enforcement agency is publicly available; and 

16 (4) establish and maintain a complaint system 

17 that— 

18 (A) may be used by members of the public 

19 to report incidents of use of force to the law en20 forcement agency; 

21 (B) makes all information collected pub22 licly searchable and available; and 

23 (C) provide information on the status of an 

24 investigation. 


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1 (c) ACTIVITIES DESCRIBED.—A grant made under 

2 this section may be used by a law enforcement agency 

3 for— 

4 (1) the cost of assisting the State or Indian 

5 Tribe in which the law enforcement agency is located 

6 in complying with the reporting requirements de7 scribed in section 223; 

8 (2) the cost of establishing necessary systems 

9 required to investigate and report incidents as re10 quired under subsection (b)(4); 

11 (3) public awareness campaigns designed to 

12 gain information from the public on use of force by 

13 or against local and tribal law enforcement officers, 

14 including shootings, which may include tip lines, hot15 lines, and public service announcements; and 

16 (4) use of force training for law enforcement 

17 agencies and personnel, including training on de-es18 calation, implicit bias, crisis intervention techniques, 

19 and adolescent development. 

20 SEC. 225. COMPLIANCE WITH REPORTING REQUIREMENTS. 

21 (a) IN GENERAL.—Not later than 1 year after the 

22 date of enactment of this Act, and each year thereafter, 

23 the Attorney General shall conduct an audit and review 

24 of the information provided under this subtitle to deterVerDate Sep 11 2014 04:04 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S3912.IS S3912

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1 mine whether each State described in section 223(a)(1) 

2 is in compliance with the requirements of this subtitle. 

3 (b) CONSISTENCY IN DATA REPORTING.— 

4 (1) IN GENERAL.—Any data reported under 

5 this subtitle shall be collected and reported— 

6 (A) in a manner consistent with existing 

7 programs of the Department of Justice that 

8 collect data on local law enforcement officer en9 counters with civilians; and 

10 (B) in a manner consistent with civil and 

11 human rights laws for distribution of informa12 tion to the public. 

13 (2) GUIDELINES.—Not later than 1 year after 

14 the date of enactment of this Act, the Attorney Gen15 eral shall— 

16 (A) issue guidelines on the reporting re17 quirement under section 223; and 

18 (B) seek public comment before finalizing 

19 the guidelines required under subparagraph 

20 (A). 

21 SEC. 226. FEDERAL LAW ENFORCEMENT REPORTING. 

22 The head of each Federal law enforcement agency 

23 shall submit to the Attorney General, on a quarterly basis 

24 and pursuant to guidelines established by the Attorney 


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1 General, the information required to be reported by a 

2 State or Indian Tribe under section 223. 

3 SEC. 227. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated to the Attor5 ney General such sums as are necessary to carry out this 

6 subtitle. 

7 TITLE III—IMPROVING POLICE 

8 TRAINING AND POLICIES 

9 Subtitle A—End Racial and 

10 Religious Profiling Act 

11 SEC. 301. SHORT TITLE. 

12 This subtitle may be cited as the ‘‘End Racial and 

13 Religious Profiling Act of 2020’’ or ‘‘ERRPA’’. 

14 SEC. 302. DEFINITIONS. 

15 In this subtitle: 

16 (1) COVERED PROGRAM.—The term ‘‘covered 

17 program’’ means any program or activity funded in 

18 whole or in part with funds made available under— 

19 (A) the Edward Byrne Memorial Justice 

20 Assistance Grant Program under part E of title 

21 I of the Omnibus Crime Control and Safe 

22 Streets Act of 1968 (34 U.S.C. 10151 et seq.); 

23 and 

24 (B) the ‘‘Cops on the Beat’’ program 

25 under part Q of title I of the Omnibus Crime 


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1 Control and Safe Streets Act of 1968 (34 

2 U.S.C. 10381 et seq.), except that no program, 

3 project, or other activity specified in section 

4 1701(b)(13) of such part shall be a covered 

5 program under this paragraph. 

6 (2) GOVERNMENTAL BODY.—The term ‘‘govern7 mental body’’ means any department, agency, special 

8 purpose district, or other instrumentality of Federal, 

9 State, local, or Indian Tribal government. 

10 (3) HIT RATE.—The term ‘‘hit rate’’ means the 

11 percentage of stops and searches in which a law en12 forcement officer finds drugs, a gun, or something 

13 else that leads to an arrest. The hit rate is cal14 culated by dividing the total number of searches by 

15 the number of searches that yield contraband. The 

16 hit rate is complementary to the rate of false stops. 

17 (4) LAW ENFORCEMENT AGENCY.—The term 

18 ‘‘law enforcement agency’’ means any Federal, 

19 State, or local public agency engaged in the preven20 tion, detection, or investigation of violations of crimi21 nal, immigration, or customs laws. 

22 (5) LAW ENFORCEMENT AGENT.—The term 

23 ‘‘law enforcement agent’’ means any Federal, State, 

24 or local official responsible for enforcing criminal, 


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1 immigration, or customs laws, including police offi2 cers and other agents of a law enforcement agency. 

3 (6) RACIAL PROFILING.— 

4 (A) IN GENERAL.—The term ‘‘racial 

5 profiling’’ means the practice of a law enforce6 ment agent or agency relying, to any degree, on 

7 actual or perceived race, ethnicity, national ori8 gin, religion, gender, gender identity, or sexual 

9 orientation in selecting which individual to sub10 ject to routine or spontaneous investigatory ac11 tivities or in deciding upon the scope and sub12 stance of law enforcement activity following the 

13 initial investigatory procedure, except when 

14 there is trustworthy information, relevant to the 

15 locality and timeframe, that links a person with 

16 a particular characteristic described in this 

17 paragraph to an identified criminal incident or 

18 scheme. 

19 (B) EXCEPTION.—For purposes of sub20 paragraph (A), a Tribal law enforcement officer 

21 exercising law enforcement authority within In22 dian country, as that term is defined in section 

23 1151 of title 18, United States Code, is not 

24 considered to be racial profiling with respect to 

25 making key jurisdictional determinations that 


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1 are necessarily tied to reliance on actual or per2 ceived race, ethnicity, or tribal affiliation. 

3 (7) ROUTINE OR SPONTANEOUS INVESTIGATORY

4 ACTIVITIES.—The term ‘‘routine or spontaneous in5 vestigatory activities’’ means the following activities 

6 by a law enforcement agent: 

7 (A) Interviews. 

8 (B) Traffic stops. 

9 (C) Pedestrian stops. 

10 (D) Frisks and other types of body 

11 searches. 

12 (E) Consensual or nonconsensual searches 

13 of the persons, property, or possessions (includ14 ing vehicles) of individuals using any form of 

15 public or private transportation, including mo16 torists and pedestrians. 

17 (F) Data collection and analysis, assess18 ments, and predicated investigations. 

19 (G) Inspections and interviews of entrants 

20 into the United States that are more extensive 

21 than those customarily carried out. 

22 (H) Immigration-related workplace inves23 tigations. 

24 (I) Such other types of law enforcement 

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1 reau of Investigation or the Department of Jus2 tice Bureau of Justice Statistics. 

3 (8) REASONABLE REQUEST.—The term ‘‘rea4 sonable request’’ means all requests for information, 

5 except for those that— 

6 (A) are immaterial to the investigation; 

7 (B) would result in the unnecessary disclo8 sure of personal information; or 

9 (C) would place a severe burden on the re10 sources of the law enforcement agency given its 

11 size. 

12 (9) STATE.—The term ‘‘State’’ means each of 

13 the 50 States, the District of Columbia, the Com14 monwealth of Puerto Rico, and any other territory 

15 or possession of the United States. 

16 (10) UNIT OF LOCAL GOVERNMENT.—The term 

17 ‘‘unit of local government’’ means— 

18 (A) any city, county, township, town, bor19 ough, parish, village, or other general purpose 

20 political subdivision of a State; or 

21 (B) any law enforcement district or judicial 

22 enforcement district that— 

23 (i) is established under applicable 

24 State law; and 


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1 (ii) has the authority to, in a manner 

2 independent of other State entities, estab3 lish a budget and impose taxes. 

4 PART I—PROHIBITION OF RACIAL PROFILING 

5 SEC. 311. PROHIBITION. 

6 No law enforcement agent or law enforcement agency 

7 shall engage in racial profiling. 

8 SEC. 312. ENFORCEMENT. 

9 (a) REMEDY.—The United States, or an individual 

10 injured by racial profiling, may enforce this part in a civil 

11 action for declaratory or injunctive relief, filed either in 

12 a State court of general jurisdiction or in a district court 

13 of the United States. 

14 (b) PARTIES.—In any action brought under this part, 

15 relief may be obtained against— 

16 (1) any governmental body that employed any 

17 law enforcement agent who engaged in racial 

18 profiling; 

19 (2) any agent of such body who engaged in ra20 cial profiling; and 

21 (3) any person with supervisory authority over 

22 such agent. 

23 (c) NATURE OF PROOF.—Proof that the routine or 

24 spontaneous investigatory activities of law enforcement 

25 agents in a jurisdiction have had a disparate impact on 


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1 individuals with a particular characteristic described in 

2 section 302(6) shall constitute prima facie evidence of a 

3 violation of this part. 

4 (d) ATTORNEY’S FEES.—In any action or proceeding 

5 to enforce this part against any governmental body, the 

6 court may allow a prevailing plaintiff, other than the 

7 United States, reasonable attorney’s fees as part of the 

8 costs, and may include expert fees as part of the attorney’s 

9 fee. 

10 PART II—PROGRAMS TO ELIMINATE RACIAL 

11 PROFILING BY FEDERAL LAW ENFORCE12 MENT AGENCIES 

13 SEC. 321. POLICIES TO ELIMINATE RACIAL PROFILING. 

14 (a) IN GENERAL.—Federal law enforcement agencies 

15 shall— 

16 (1) maintain adequate policies and procedures 

17 designed to eliminate racial profiling; and 

18 (2) cease existing practices that permit racial 

19 profiling. 

20 (b) POLICIES.—The policies and procedures de21 scribed in subsection (a)(1) shall include— 

22 (1) a prohibition on racial profiling; 

23 (2) training on racial profiling issues as part of 

24 Federal law enforcement training; 


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1 (3) the collection of data in accordance with the 

2 regulations issued by the Attorney General under 

3 section 341; 

4 (4) procedures for receiving, investigating, and 

5 responding meaningfully to complaints alleging ra6 cial profiling by law enforcement agents; and 

7 (5) any other policies and procedures the Attor8 ney General determines to be necessary to eliminate 

9 racial profiling by Federal law enforcement agencies. 

10 PART III—PROGRAMS TO ELIMINATE RACIAL 

11 PROFILING BY STATE AND LOCAL LAW EN12 FORCEMENT AGENCIES 

13 SEC. 331. POLICIES REQUIRED FOR GRANTS. 

14 (a) IN GENERAL.—An application by a State, a unit 

15 of local government, or a State or local law enforcement 

16 agency for funding under a covered program shall include 

17 a certification that such State, unit of local government, 

18 or law enforcement agency, and any law enforcement 

19 agency to which it will distribute funds— 

20 (1) maintains adequate policies and procedures 

21 designed to eliminate racial profiling; and 

22 (2) has eliminated any existing practices that 

23 permit or encourage racial profiling. 

24 (b) POLICIES.—The policies and procedures de25 scribed in subsection (a)(1) shall include— 


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1 (1) a prohibition on racial profiling; 

2 (2) training on racial profiling issues as part of 

3 law enforcement training; 

4 (3) the collection of data in accordance with the 

5 regulations issued by the Attorney General under 

6 section 341; and 

7 (4) participation in an administrative complaint 

8 procedure or independent audit program that meets 

9 the requirements of section 332. 

10 (c) EFFECTIVE DATE.—This section shall take effect 

11 12 months after the date of enactment of this Act. 

12 SEC. 332. INVOLVEMENT OF ATTORNEY GENERAL. 

13 (a) REGULATIONS.— 

14 (1) IN GENERAL.—Not later than 6 months 

15 after the date of enactment of this Act and in con16 sultation with stakeholders, including Federal, State, 

17 and local law enforcement agencies and community, 

18 professional, research, and civil rights organizations, 

19 the Attorney General shall issue regulations for the 

20 operation of administrative complaint procedures 

21 and independent audit programs to ensure that such 

22 programs and procedures provide an appropriate re23 sponse to allegations of racial profiling by law en24 forcement agents or agencies. 


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1 (2) GUIDELINES.—The regulations issued 

2 under paragraph (1) shall contain guidelines that 

3 ensure the fairness, effectiveness, and independence 

4 of the administrative complaint procedures and inde5 pendent auditor programs. 

6 (b) NONCOMPLIANCE.—If the Attorney General de7 termines that the recipient of a grant from any covered 

8 program is not in compliance with the requirements of sec9 tion 331 or the regulations issued under subsection (a), 

10 the Attorney General shall withhold, in whole or in part 

11 (at the discretion of the Attorney General), funds for one 

12 or more grants to the recipient under the covered pro13 gram, until the recipient establishes compliance. 

14 (c) PRIVATE PARTIES.—The Attorney General shall 

15 provide notice and an opportunity for private parties to 

16 present evidence to the Attorney General that a recipient 

17 of a grant from any covered program is not in compliance 

18 with the requirements of this part. 

19 SEC. 333. DATA COLLECTION DEMONSTRATION PROJECT. 

20 (a) TECHNICAL ASSISTANCE GRANTS FOR DATA

21 COLLECTION.— 

22 (1) IN GENERAL.—The Attorney General may, 

23 through competitive grants or contracts, carry out a 

24 2-year demonstration project for the purpose of de25 veloping and implementing data collection programs 


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1 on the hit rates for stops and searches by law en2 forcement agencies. The data collected shall be 

3 disaggregated by race, ethnicity, national origin, 

4 gender, and religion. 

5 (2) NUMBER OF GRANTS.—The Attorney Gen6 eral shall provide not more than 5 grants or con7 tracts under this section. 

8 (3) ELIGIBLE GRANTEES.—Grants or contracts 

9 under this section shall be awarded to law enforce10 ment agencies that serve communities where there is 

11 a significant concentration of racial or ethnic minori12 ties and that are not already collecting data volun13 tarily. 

14 (b) REQUIRED ACTIVITIES.—Activities carried out 

15 with a grant under this section shall include— 

16 (1) developing a data collection tool and report17 ing the compiled data to the Attorney General; and 

18 (2) training of law enforcement personnel on 

19 data collection, particularly for data collection on hit 

20 rates for stops and searches. 

21 (c) EVALUATION.—Not later than 3 years after the 

22 date of enactment of this Act, the Attorney General shall 

23 enter into a contract with an institution of higher edu24 cation (as defined in section 101 of the Higher Education 


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1 Act of 1965 (20 U.S.C. 1001)) to analyze the data col2 lected by each of the grantees funded under this section. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out activities 

5 under this section— 

6 (1) $5,000,000, over a 2-year period, to carry 

7 out the demonstration program under subsection 

8 (a); and 

9 (2) $500,000 to carry out the evaluation under 

10 subsection (c). 

11 SEC. 334. DEVELOPMENT OF BEST PRACTICES. 

12 (a) USE OF FUNDS REQUIREMENT.—Section 502(a) 

13 of title I of the Omnibus Crime Control and Safe Streets 

14 Act of 1968 (34 U.S.C. 10153(a)), as amended by section 

15 114, is amended by adding at the end the following: 

16 ‘‘(9) An assurance that, for each fiscal year 

17 covered by an application, the applicant will use not 

18 less than 10 percent of the total amount of the 

19 grant award for the fiscal year to develop and imple20 ment best practice devices and systems to eliminate 

21 racial profiling in accordance with section 334 of the 

22 End Racial and Religious Profiling Act of 2020.’’. 

23 (b) DEVELOPMENT OF BEST PRACTICES.—Grant 

24 amounts described in paragraph (9) of section 502(a) of 

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


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1 of 1968 (34 U.S.C. 10153(a)), as added by subsection (a) 

2 of this section, shall be for programs that include the fol3 lowing purposes: 

4 (1) The development and implementation of 

5 training to prevent racial profiling and to encourage 

6 more respectful interaction with the public. 

7 (2) The acquisition and use of technology to fa8 cilitate the accurate collection and analysis of data. 

9 (3) The development and acquisition of feed10 back systems and technologies that identify officers 

11 or units of officers engaged in, or at risk of engag12 ing in, racial profiling or other misconduct. 

13 (4) The establishment and maintenance of an 

14 administrative complaint procedure or independent 

15 auditor program. 

16 SEC. 335. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated to the Attor18 ney General such sums as are necessary to carry out this 

19 part. 

20 PART IV—DATA COLLECTION 

21 SEC. 341. ATTORNEY GENERAL TO ISSUE REGULATIONS. 

22 (a) REGULATIONS.—Not later than 6 months after 

23 the date of enactment of this Act, the Attorney General, 

24 in consultation with stakeholders, including Federal, 

25 State, and local law enforcement agencies and community, 


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1 professional, research, and civil rights organizations, shall 

2 issue regulations for the collection and compilation of data 

3 under sections 321 and 331. 

4 (b) REQUIREMENTS.—The regulations issued under 

5 subsection (a) shall— 

6 (1) provide for the collection of data on all rou7 tine or spontaneous investigatory activities; 

8 (2) provide that the data collected shall— 

9 (A) be collected by race, ethnicity, national 

10 origin, gender, disability, and religion; 

11 (B) include the date, time, and location of 

12 such investigatory activities; 

13 (C) include detail sufficient to permit an 

14 analysis of whether a law enforcement agency is 

15 engaging in racial profiling; and 

16 (D) not include personally identifiable in17 formation; 

18 (3) provide that a standardized form shall be 

19 made available to law enforcement agencies for the 

20 submission of collected data to the Department of 

21 Justice; 

22 (4) provide that law enforcement agencies shall 

23 compile data on the standardized form made avail24 able under paragraph (3), and submit the form to 


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1 the Civil Rights Division and the Department of 

2 Justice Bureau of Justice Statistics; 

3 (5) provide that law enforcement agencies shall 

4 maintain all data collected under this subtitle for not 

5 less than 4 years; 

6 (6) include guidelines for setting comparative 

7 benchmarks, consistent with best practices, against 

8 which collected data shall be measured; 

9 (7) provide that the Department of Justice Bu10 reau of Justice Statistics shall— 

11 (A) analyze the data for any statistically 

12 significant disparities, including— 

13 (i) disparities in the percentage of 

14 drivers or pedestrians stopped relative to 

15 the proportion of the population passing 

16 through the neighborhood; 

17 (ii) disparities in the hit rate; and 

18 (iii) disparities in the frequency of 

19 searches performed on racial or ethnic mi20 nority drivers and the frequency of 

21 searches performed on nonminority drivers; 

22 and 

23 (B) not later than 3 years after the date 

24 of enactment of this Act, and annually there25 after— 


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1 (i) prepare a report regarding the 

2 findings of the analysis conducted under 

3 subparagraph (A); 

4 (ii) provide such report to Congress; 

5 and 

6 (iii) make such report available to the 

7 public, including on a website of the De8 partment of Justice, and in accordance 

9 with accessibility standards under the 

10 Americans with Disabilities Act of 1990 

11 (42 U.S.C. 12101 et seq.); and 

12 (8) protect the privacy of individuals whose 

13 data is collected by— 

14 (A) limiting the use of the data collected 

15 under this subtitle to the purposes set forth in 

16 this subtitle; 

17 (B) except as otherwise provided in this 

18 subtitle, limiting access to the data collected 

19 under this subtitle to those Federal, State, or 

20 local employees or agents who require such ac21 cess in order to fulfill the purposes for the data 

22 set forth in this subtitle; 

23 (C) requiring contractors or other non24 governmental agents who are permitted access 

25 to the data collected under this subtitle to sign 


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1 use agreements incorporating the use and dis2 closure restrictions set forth in subparagraph 

3 (A); and 

4 (D) requiring the maintenance of adequate 

5 security measures to prevent unauthorized ac6 cess to the data collected under this subtitle. 

7 SEC. 342. PUBLICATION OF DATA. 

8 The Department of Justice Bureau of Justice Statis9 tics shall provide to Congress and make available to the 

10 public, together with each annual report described in sec11 tion 341, the data collected pursuant to this subtitle, ex12 cluding any personally identifiable information described 

13 in section 343. 

14 SEC. 343. LIMITATIONS ON PUBLICATION OF DATA. 

15 The name or identifying information of a law enforce16 ment officer, complainant, or any other individual involved 

17 in any activity for which data is collected and compiled 

18 under this subtitle shall not be— 

19 (1) released to the public; 

20 (2) disclosed to any person, except for— 

21 (A) such disclosures as are necessary to 

22 comply with this subtitle; 

23 (B) disclosures of information regarding a 

24 particular person to that person; or 

25 (C) disclosures pursuant to litigation; or 


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1 (3) subject to disclosure under section 552 of 

2 title 5, United States Code (commonly known as the 

3 Freedom of Information Act), except for disclosures 

4 of information regarding a particular person to that 

5 person. 

6 PART V—DEPARTMENT OF JUSTICE REGULA7 TIONS AND REPORTS ON RACIAL PROFILING 

8 IN THE UNITED STATES 

9 SEC. 351. ATTORNEY GENERAL TO ISSUE REGULATIONS 

10 AND REPORTS. 

11 (a) REGULATIONS.—In addition to the regulations re12 quired under sections 333 and 341, the Attorney General 

13 shall issue such other regulations as the Attorney General 

14 determines are necessary to implement this subtitle. 

15 (b) REPORTS.— 

16 (1) IN GENERAL.—Not later than 2 years after 

17 the date of enactment of this Act, and annually 

18 thereafter, the Attorney General shall submit to 

19 Congress a report on racial profiling by law enforce20 ment agencies. 

21 (2) SCOPE.—Each report submitted under 

22 paragraph (1) shall include— 

23 (A) a summary of data collected under sec24 tions 321(b)(3) and 331(b)(3) and from any 


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1 other reliable source of information regarding 

2 racial profiling in the United States; 

3 (B) a discussion of the findings in the 

4 most recent report prepared by the Department 

5 of Justice Bureau of Justice Statistics under 

6 section 341(b)(7); 

7 (C) the status of the adoption and imple8 mentation of policies and procedures by Federal 

9 law enforcement agencies under section 321 

10 and by the State and local law enforcement 

11 agencies under sections 331 and 332; and 

12 (D) a description of any other policies and 

13 procedures that the Attorney General believes 

14 would facilitate the elimination of racial 

15 profiling. 

16 Subtitle B—Additional Reforms 

17 SEC. 361. TRAINING ON RACIAL BIAS AND DUTY TO INTER18 VENE. 

19 (a) IN GENERAL.—The Attorney General shall estab20 lish— 

21 (1) a training program to cover racial profiling, 

22 implicit bias, and procedural justice; and 

23 (2) a clear duty for Federal law enforcement of24 ficers to intervene in cases where another law en25 forcement officer is using excessive force against a 


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1 civilian, and establish a training program that covers 

2 the duty to intervene. 

3 (b) MANDATORY TRAINING FOR FEDERAL LAW EN4 FORCEMENT OFFICERS.—The head of each Federal law 

5 enforcement agency shall require each Federal law en6 forcement officer employed by the agency to complete the 

7 training programs established under subsection (a). 

8 (c) LIMITATION ON ELIGIBILITY FOR FUNDS.—Be9 ginning in the first fiscal year beginning after the date 

10 of enactment of this Act, a State or local jurisdiction may 

11 not receive funds under the Byrne grant program for a 

12 fiscal year if, on the day before the first day of the fiscal 

13 year, the State or local jurisdiction does not require each 

14 law enforcement officer in the State or local jurisdiction 

15 to complete the training programs established under sub16 section (a). 

17 (d) GRANTS TO TRAIN LAW ENFORCEMENT OFFI18 CERS ON USE OF FORCE.— Section 501(a)(1) of title I 

19 of the Omnibus Crime Control and Safe Streets Act of 

20 1968 (34 U.S.C. 10152(a)(1)) is amended by adding at 

21 the end the following: 

22 ‘‘(I) Training programs for law enforce23 ment officers, including training programs on 

24 use of force and a duty to intervene.’’. 


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1 SEC. 362. BAN ON NO-KNOCK WARRANTS IN DRUG CASES. 

2 (a) BAN ON FEDERAL WARRANTS IN DRUG CASES.— 

3 Section 509 of the Controlled Substances Act (21 U.S.C. 

4 879) is amended by adding at the end the following: ‘‘A 

5 search warrant authorized under this section shall require 

6 that a law enforcement officer execute the search warrant 

7 only after providing notice of his or her authority and pur8 pose.’’. 

9 (b) DEFINITION.—In this section, the term ‘‘no10 knock warrant’’ means a warrant that allows a law en11 forcement officer to enter a property without requiring the 

12 law enforcement officer to announce the presence of the 

13 law enforcement officer or the intention of the law enforce14 ment officer to enter the property. 

15 (c) LIMITATION ON ELIGIBILITY FOR FUNDS.—Be16 ginning in the first fiscal year beginning after the date 

17 of enactment of this Act, a State or local jurisdiction may 

18 not receive funds under the COPS grant program for a 

19 fiscal year if, on the day before the first day of the fiscal 

20 year, the State or other jurisdiction does not have in effect 

21 a law that prohibits the issuance of a no-knock warrant 

22 in a drug case. 

23 SEC. 363. INCENTIVIZING BANNING OF CHOKEHOLDS AND 

24 CAROTID HOLDS. 

25 (a) DEFINITION.—In this section, the term 

26 ‘‘chokehold or carotid hold’’ means the application of any 


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1 pressure to the throat or windpipe, the use of maneuvers 

2 that restrict blood or oxygen flow to the brain, or carotid 

3 artery restraints that prevent or hinder breathing or re4 duce intake of air of an individual. 

5 (b) LIMITATION ON ELIGIBILITY FOR FUNDS.—Be6 ginning in the first fiscal year beginning after the date 

7 of enactment of this Act, a State or local jurisdiction may 

8 not receive funds under the Byrne grant program or the 

9 COPS grant program for a fiscal year if, on the day before 

10 the first day of the fiscal year, the State or other jurisdic11 tion does not have in effect a law that prohibits law en12 forcement officers in the State or other jurisdiction from 

13 using a chokehold or carotid hold. 

14 (c) CHOKEHOLDS AS CIVIL RIGHTS VIOLATIONS.— 

15 (1) SHORT TITLE.—This subsection may be 

16 cited as the ‘‘Eric Garner Excessive Use of Force 

17 Prevention Act’’. 

18 (2) CHOKEHOLDS AS CIVIL RIGHTS VIOLA19 TIONS.—Section 242 of title 18, United States Code, 

20 as amended by section 101, is amended by adding 

21 at the end the following: ‘‘For the purposes of this 

22 section, the application of any pressure to the throat 

23 or windpipe, use of maneuvers that restrict blood or 

24 oxygen flow to the brain, or carotid artery restraints 


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1 which prevent or hinder breathing or reduce intake 

2 of air is a punishment, pain, or penalty.’’. 

3 SEC. 364. PEACE ACT. 

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

5 ‘‘Police Exercising Absolute Care With Everyone Act of 

6 2020’’ or the ‘‘PEACE Act of 2020’’. 

7 (b) USE OF FORCE BY FEDERAL LAW ENFORCE8 MENT OFFICERS.— 

9 (1) DEFINITIONS.—In this subsection: 

10 (A) DEADLY FORCE.—The term ‘‘deadly 

11 force’’ means force that creates a substantial 

12 risk of causing death or serious bodily injury, 

13 including— 

14 (i) the discharge of a firearm; 

15 (ii) a maneuver that restricts blood or 

16 oxygen flow to the brain, including 

17 chokeholds, strangleholds, neck restraints, 

18 neckholds, and carotid artery restraints; 

19 and 

20 (iii) multiple discharges of an elec21 tronic control weapon. 

22 (B) DEESCALATION TACTICS AND TECH23 NIQUES.—The term ‘‘deescalation tactics and 

24 techniques’’ means proactive actions and ap25 proaches used by a Federal law enforcement ofVerDate Sep 11 2014 04:04 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S3912.IS S3912

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1 ficer to stabilize the situation so that more 

2 time, options, and resources are available to 

3 gain a person’s voluntary compliance and re4 duce or eliminate the need to use force, includ5 ing verbal persuasion, warnings, tactical tech6 niques, slowing down the pace of an incident, 

7 waiting out a subject, creating distance between 

8 the officer and the threat, and requesting addi9 tional resources to resolve the incident. 

10 (C) FEDERAL LAW ENFORCEMENT OFFI11 CER.—The term ‘‘Federal law enforcement offi12 cer’’ means any officer, agent, or employee of 

13 the United States authorized by law or by a 

14 Government agency to engage in or supervise 

15 the prevention, detection, investigation, or pros16 ecution of any violation of Federal criminal law. 

17 (D) LESS LETHAL FORCE.—The term 

18 ‘‘less lethal force’’ means any degree of force 

19 that is not likely to have lethal effect. 

20 (E) NECESSARY.—The term ‘‘necessary’’ 

21 means that another reasonable Federal law en22 forcement officer would objectively conclude, 

23 under the totality of the circumstances, that 

24 there was no reasonable alternative to the use 

25 of force. 


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1 (F) REASONABLE ALTERNATIVES.— 

2 (i) IN GENERAL.—The term ‘‘reason3 able alternatives’’ means tactics and meth4 ods used by a Federal law enforcement of5 ficer to effectuate an arrest that do not 

6 unreasonably increase the risk posed to the 

7 law enforcement officer or another person, 

8 including verbal communication, distance, 

9 warnings, deescalation tactics and tech10 niques, tactical repositioning, and other 

11 tactics and techniques intended to stabilize 

12 the situation and reduce the immediacy of 

13 the risk so that more time, options, and re14 sources can be called upon to resolve the 

15 situation without the use of force. 

16 (ii) DEADLY FORCE.—With respect to 

17 the use of deadly force, the term ‘‘reason18 able alternatives’’ includes the use of less 

19 lethal force. 

20 (G) TOTALITY OF THE CIRCUMSTANCES.— 

21 The term ‘‘totality of the circumstances’’ means 

22 all credible facts known to the Federal law en23 forcement officer leading up to and at the time 

24 of the use of force, including the actions of the 

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1 ment officer uses such force and the actions of 

2 the Federal law enforcement officer. 

3 (2) PROHIBITION ON LESS LETHAL FORCE.—A 

4 Federal law enforcement officer may not use any 

5 less lethal force unless— 

6 (A) the form of less lethal force used is 

7 necessary and proportional in order to effec8 tuate an arrest of a person who the officer has 

9 probable cause to believe has committed a 

10 criminal offense; and 

11 (B) reasonable alternatives to the use of 

12 the form of less lethal force have been ex13 hausted. 

14 (3) PROHIBITION ON DEADLY USE OF FORCE.— 

15 A Federal law enforcement officer may not use 

16 deadly force against a person unless— 

17 (A) the form of deadly force used is nec18 essary, as a last resort, to prevent imminent 

19 and serious bodily injury or death to the officer 

20 or another person; 

21 (B) the use of the form of deadly force cre22 ates no substantial risk of injury to a third per23 son; and 

24 (C) reasonable alternatives to the use of 

25 the form of deadly force have been exhausted. 


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1 (4) REQUIREMENT TO GIVE VERBAL WARN2 ING.—When feasible, prior to using force against a 

3 person, a Federal law enforcement officer shall iden4 tify himself or herself as a Federal law enforcement 

5 officer, and issue a verbal warning to the person 

6 that the Federal law enforcement officer seeks to ap7 prehend, which shall— 

8 (A) include a request that the person sur9 render to the law enforcement officer; and 

10 (B) notify the person that the law enforce11 ment officer will use force against the person if 

12 the person resists arrest or flees. 

13 (5) GUIDANCE ON USE OF FORCE.—Not later 

14 than 120 days after the date of enactment of this 

15 Act, the Attorney General, in consultation with im16 pacted persons, communities, and organizations, in17 cluding representatives of civil and human rights or18 ganizations, victims of police use of force, and rep19 resentatives of law enforcement associations, shall 

20 provide guidance to Federal law enforcement agen21 cies on— 

22 (A) the types of less lethal force and dead23 ly force that are prohibited under paragraphs 

24 (2) and (3); and 


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1 (B) how a Federal law enforcement officer 

2 can— 

3 (i) assess whether the use of force is 

4 appropriate and necessary; and 

5 (ii) use the least amount of force 

6 when interacting with— 

7 (I) pregnant individuals; 

8 (II) children and youth under 21 

9 years of age; 

10 (III) elderly persons; 

11 (IV) persons with mental, behav12 ioral, or physical disabilities or im13 pairments; 

14 (V) persons experiencing percep15 tual or cognitive impairments due to 

16 use of alcohol, narcotics, hallucino17 gens, or other drugs; 

18 (VI) persons suffering from a se19 rious medical condition; and 

20 (VII) persons with limited 

21 English proficiency. 

22 (6) TRAINING.—The Attorney General shall 

23 provide training to Federal law enforcement officers 

24 on interacting people described in subclauses (I) 

25 through (VII) of paragraph (5)(B)(ii). 


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1 (7) LIMITATION ON JUSTIFICATION DE2 FENSE.— 

3 (A) IN GENERAL.—Chapter 51 of title 18, 

4 United States Code, is amended by adding at 

5 the end the following: 

6 ‘‘§ 1123. Limitation on justification defense for Fed7 eral law enforcement officers 

8 ‘‘(a) IN GENERAL.—It is not a defense to an offense 

9 under section 1111 or 1112 that the use of less lethal 

10 force or deadly force was justified in the case of a Federal 

11 law enforcement officer— 

12 ‘‘(1) whose use of such force was inconsistent 

13 with section 2 of the ‘Police Exercising Absolute 

14 Care With Everyone Act of 2020’; or 

15 ‘‘(2) whose gross negligence, leading up to and 

16 at the time of the use of force, contributed to the 

17 necessity of the use of such force. 

18 ‘‘(b) DEFINITIONS.—In this section— 

19 ‘‘(1) the terms ‘deadly force’ and ‘less lethal 

20 force’ have the meanings given such terms in section 

21 2 of the ‘Police Exercising Absolute Care With Ev22 eryone Act of 2020’; and 

23 ‘‘(2) the term ‘Federal law enforcement officer’ 

24 has the meaning given such term in section 115.’’. 


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1 (B) CLERICAL AMENDMENT.—The table of 

2 sections for chapter 51 of title 18, United 

3 States Code, is amended by inserting after the 

4 item related to section 1122 the following: 

‘‘1123. Limitation on justification defense for Federal law enforcement officers.’’. 

5 (c) LIMITATION ON THE RECEIPT OF FUNDS UNDER

6 THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE

7 GRANT PROGRAM.— 

8 (1) LIMITATION.—A State or other jurisdiction, 

9 other than an Indian Tribe, may not receive funds 

10 that the State or other jurisdiction would otherwise 

11 receive under subpart 1 of part E of title I of the 

12 Omnibus Crime Control and Safe Streets Act of 

13 1968 (34 U.S.C. 10151 et seq.) for a fiscal year if, 

14 on the day before the first day of the fiscal year, the 

15 State or other jurisdiction does not have in effect a 

16 law that is consistent with subsection (b) of this Act 

17 and section 1123 of title 18, United States Code, as 

18 determined by the Attorney General. 

19 (2) SUBSEQUENT ENACTMENT.— 

20 (A) IN GENERAL.—If funds described in 

21 paragraph (1) are withheld from a State or 

22 other jurisdiction pursuant to paragraph (1) for 

23 one or more fiscal years, and the State or other 

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1 scribed in paragraph (1), and demonstrates 

2 substantial efforts to enforce such law, subject 

3 to subparagraph (B), the State or other juris4 diction shall be eligible, in the fiscal year after 

5 the fiscal year during which the State or other 

6 jurisdiction demonstrates such substantial ef7 forts, to receive the total amount that the State 

8 or other jurisdiction would have received during 

9 each fiscal year for which funds were withheld. 

10 (B) LIMIT ON AMOUNT OF PRIOR YEAR

11 FUNDS.—A State or other jurisdiction may not 

12 receive funds under subparagraph (A) in an 

13 amount that is more than the amount withheld 

14 from the State or other jurisdiction during the 

15 5-fiscal-year period before the fiscal year during 

16 which funds are received under subparagraph 

17 (A). 

18 (3) GUIDANCE.—Not later than 120 days after 

19 the date of enactment of this Act, the Attorney Gen20 eral, in consultation with impacted persons, commu21 nities, and organizations, including representatives 

22 of civil and human rights organizations, individuals 

23 against whom a law enforcement officer used force, 

24 and representatives of law enforcement associations, 

25 shall make guidance available to States and other 


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1 jurisdictions on the criteria that the Attorney Gen2 eral will use in determining whether the State or ju3 risdiction has in place a law described in paragraph 

4 (1). 

5 (4) APPLICATION.—This subsection shall apply 

6 to the first fiscal year that begins after the date that 

7 is 1 year after the date of the enactment of this Act, 

8 and each fiscal year thereafter. 

9 SEC. 365. STOP MILITARIZING LAW ENFORCEMENT ACT. 

10 (a) FINDINGS.—Congress makes the following find11 ings: 

12 (1) Under section 2576a of title 10, United 

13 States Code, the Department of Defense is author14 ized to provide excess property to local law enforce15 ment agencies. The Defense Logistics Agency, ad16 ministers such section by operating the Law En17 forcement Support Office program. 

18 (2) New and used material, including mine-re19 sistant ambush-protected vehicles and weapons de20 termined by the Department of Defense to be ‘‘mili21 tary grade’’ are transferred to Federal, Tribal, 

22 State, and local law enforcement agencies through 

23 the program. 

24 (3) As a result local law enforcement agencies, 

25 including police and sheriff’s departments, are acVerDate Sep 11 2014 04:04 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S3912.IS S3912

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1 quiring this material for use in their normal oper2 ations. 

3 (4) As a result of the wars in Iraq and Afghani4 stan, military equipment purchased for, and used in, 

5 those wars has become excess property and has been 

6 made available for transfer to local and Federal law 

7 enforcement agencies. 

8 (5) In Fiscal Year 2017, $504,000,000 worth 

9 of property was transferred to law enforcement 

10 agencies. 

11 (6) More than $6,800,000,000 worth of weap12 ons and equipment have been transferred to police 

13 organizations in all 50 States and four territories 

14 through the program. 

15 (7) In May 2012, the Defense Logistics Agency 

16 instituted a moratorium on weapons transfers 

17 through the program after reports of missing equip18 ment and inappropriate weapons transfers. 

19 (8) Though the moratorium was widely pub20 licized, it was lifted in October 2013 without ade21 quate safeguards. 

22 (9) On January 16, 2015, President Barack 

23 Obama issued Executive Order 13688 to better co24 ordinate and regulate the federal transfer of military 


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1 weapons and equipment to State, local, and Tribal 

2 law enforcement agencies. 

3 (10) In July, 2017, the Government Account4 ability Office reported that the program’s internal 

5 controls were inadequate to prevent fraudulent appli6 cants’ access to the program. 

7 (11) On August, 28, 2017, President Donald 

8 Trump rescinded Executive Order 13688 despite a 

9 July 2017 Government Accountability Office report 

10 finding deficiencies with the administration of the 

11 1033 program. 

12 (12) As a result, Federal, State, and local law 

13 enforcement departments across the country are eli14 gible again to acquire free ‘‘military-grade’’ weapons 

15 and equipment that could be used inappropriately 

16 during policing efforts in which people and taxpayers 

17 could be harmed. 

18 (13) The Department of Defense categorizes 

19 equipment eligible for transfer under the 1033 pro20 gram as ‘‘controlled’’ and ‘‘un-controlled’’ equip21 ment. ‘‘Controlled equipment’’ includes weapons, ex22 plosives such as flash-bang grenades, mine-resistant 

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1 mament that are combat coded, and silencers, 

2 among other military grade items. 

3 (b) LIMITATION ON DEPARTMENT OF DEFENSE

4 TRANSFER OF PERSONAL PROPERTY TO LOCAL LAW EN5 FORCEMENT AGENCIES.— 

6 (1) IN GENERAL.—Section 2576a of title 10, 

7 United States Code, is amended— 

8 (A) in subsection (a)— 

9 (i) in paragraph (1)(A), by striking 

10 ‘‘counterdrug, counterterrorism, and bor11 der security activities’’ and inserting 

12 ‘‘counterterrorism’’; and 

13 (ii) in paragraph (2), by striking ‘‘, 

14 the Director of National Drug Control Pol15 icy,’’; 

16 (B) in subsection (b)— 

17 (i) in paragraph (5), by striking 

18 ‘‘and’’ at the end; 

19 (ii) in paragraph (6), by striking the 

20 period and inserting a semicolon; and 

21 (iii) by adding at the end the fol22 lowing new paragraphs: 

23 ‘‘(7) the recipient submits to the Department of 

24 Defense a description of how the recipient expects to 

25 use the property; 


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1 ‘‘(8) the recipient certifies to the Department of 

2 Defense that if the recipient determines that the 

3 property is surplus to the needs of the recipient, the 

4 recipient will return the property to the Department 

5 of Defense; 

6 ‘‘(9) with respect to a recipient that is not a 

7 Federal agency, the recipient certifies to the Depart8 ment of Defense that the recipient notified the local 

9 community of the request for personal property 

10 under this section by— 

11 ‘‘(A) publishing a notice of such request on 

12 a publicly accessible internet website; 

13 ‘‘(B) posting such notice at several promi14 nent locations in the jurisdiction of the recipi15 ent; and 

16 ‘‘(C) ensuring that such notices were avail17 able to the local community for a period of not 

18 less than 30 days; and 

19 ‘‘(10) the recipient has received the approval of 

20 the city council or other local governing body to ac21 quire the personal property sought under this sec22 tion.’’; 

23 (C) by striking subsection (d); 

24 (D) by redesignating subsections (e) and 

25 (f) as subsections (o) and (p), respectively; and 


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1 (E) by inserting after subsection (c) the 

2 following new subsections: 

3 ‘‘(d) ANNUAL CERTIFICATION ACCOUNTING FOR

4 TRANSFERRED PROPERTY.—(1) For each fiscal year, the 

5 Secretary shall submit to Congress certification in writing 

6 that each Federal or State agency to which the Secretary 

7 has transferred property under this section— 

8 ‘‘(A) has provided to the Secretary documenta9 tion accounting for all controlled property, including 

10 arms and ammunition, that the Secretary has trans11 ferred to the agency, including any item described in 

12 subsection (f) so transferred before the date of the 

13 enactment of the Stop Militarizing Law Enforce14 ment Act; and 

15 ‘‘(B) with respect to a non-Federal agency, car16 ried out each of paragraphs (5) through (8) of sub17 section (b). 

18 ‘‘(2) If the Secretary cannot provide a certification 

19 under paragraph (1) for a Federal or State agency, the 

20 Secretary may not transfer additional property to that 

21 agency under this section. 

22 ‘‘(e) ANNUAL REPORT ON EXCESS PROPERTY.—Be23 fore making any property available for transfer under this 

24 section, the Secretary shall annually submit to Congress 

25 a description of the property to be transferred together 


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1 with a certification that the transfer of the property would 

2 not violate this section or any other provision of law. 

3 ‘‘(f) LIMITATIONS ON TRANSFERS.—(1) The Sec4 retary may not transfer to Federal, Tribal, State, or local 

5 law enforcement agencies the following under this section: 

6 ‘‘(A) Controlled firearms, ammunition, bayo7 nets, grenade launchers, grenades (including stun 

8 and flash-bang) and explosives. 

9 ‘‘(B) Controlled vehicles, highly mobile multi10 wheeled vehicles, mine-resistant ambush-protected 

11 vehicles, trucks, truck dump, truck utility, and truck 

12 carryall. 

13 ‘‘(C) Drones that are armored, weaponized, or 

14 both. 

15 ‘‘(D) Controlled aircraft that— 

16 ‘‘(i) are combat configured or combat 

17 coded; or 

18 ‘‘(ii) have no established commercial flight 

19 application. 

20 ‘‘(E) Silencers. 

21 ‘‘(F) Long-range acoustic devices. 

22 ‘‘(G) Items in the Federal Supply Class of 

23 banned items. 

24 ‘‘(2) The Secretary may not require, as a condition 

25 of a transfer under this section, that a Federal or State 


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1 agency demonstrate the use of any small arms or ammuni2 tion. 

3 ‘‘(3) The limitations under this subsection shall also 

4 apply with respect to the transfer of previously transferred 

5 property of the Department of Defense from one Federal 

6 or State agency to another such agency. 

7 ‘‘(4)(A) The Secretary may waive the applicability of 

8 paragraph (1) to a vehicle described in subparagraph (B) 

9 of such paragraph (other than a mine-resistant ambush10 protected vehicle), if the Secretary determines that such 

11 a waiver is necessary for disaster or rescue purposes or 

12 for another purpose where life and public safety are at 

13 risk, as demonstrated by the proposed recipient of the ve14 hicle. 

15 ‘‘(B) If the Secretary issues a waiver under subpara16 graph (A), the Secretary shall— 

17 ‘‘(i) submit to Congress notice of the waiver, 

18 and post such notice on a public internet website of 

19 the Department, by not later than 30 days after the 

20 date on which the waiver is issued; and 

21 ‘‘(ii) require, as a condition of the waiver, that 

22 the recipient of the vehicle for which the waiver is 

23 issued provides public notice of the waiver and the 

24 transfer, including the type of vehicle and the pur25 pose for which it is transferred, in the jurisdiction 


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1 where the recipient is located by not later than 30 

2 days after the date on which the waiver is issued. 

3 ‘‘(5) The Secretary may provide for an exemption to 

4 the limitation under subparagraph (D) of paragraph (1) 

5 in the case of parts for aircraft described in such subpara6 graph that are transferred as part of regular maintenance 

7 of aircraft in an existing fleet. 

8 ‘‘(6) The Secretary shall require, as a condition of 

9 any transfer of property under this section, that the Fed10 eral or State agency that receives the property shall return 

11 the property to the Secretary if the agency— 

12 ‘‘(A) is investigated by the Department of Jus13 tice for any violation of civil liberties; or 

14 ‘‘(B) is otherwise found to have engaged in 

15 widespread abuses of civil liberties. 

16 ‘‘(g) CONDITIONS FOR EXTENSION OF PROGRAM.— 

17 Notwithstanding any other provision of law, amounts au18 thorized to be appropriated or otherwise made available 

19 for any fiscal year may not be obligated or expended to 

20 carry out this section unless the Secretary submits to Con21 gress certification that for the preceding fiscal year that— 

22 ‘‘(1) each Federal or State agency that has re23 ceived controlled property transferred under this sec24 tion has— 


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1 ‘‘(A) demonstrated 100 percent account2 ability for all such property, in accordance with 

3 paragraph (2) or (3), as applicable; or 

4 ‘‘(B) been suspended from the program 

5 pursuant to paragraph (4); 

6 ‘‘(2) with respect to each non-Federal agency 

7 that has received controlled property under this sec8 tion, the State coordinator responsible for each such 

9 agency has verified that the coordinator or an agent 

10 of the coordinator has conducted an in-person inven11 tory of the property transferred to the agency and 

12 that 100 percent of such property was accounted for 

13 during the inventory or that the agency has been 

14 suspended from the program pursuant to paragraph 

15 (4); 

16 ‘‘(3) with respect to each Federal agency that 

17 has received controlled property under this section, 

18 the Secretary of Defense or an agent of the Sec19 retary has conducted an in-person inventory of the 

20 property transferred to the agency and that 100 per21 cent of such property was accounted for during the 

22 inventory or that the agency has been suspended 

23 from the program pursuant to paragraph (4); 

24 ‘‘(4) the eligibility of any agency that has re25 ceived controlled property under this section for 


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1 which 100 percent of the property was not ac2 counted for during an inventory described in para3 graph (1) or (2), as applicable, to receive any prop4 erty transferred under this section has been sus5 pended; and 

6 ‘‘(5) each State coordinator has certified, for 

7 each non-Federal agency located in the State for 

8 which the State coordinator is responsible that— 

9 ‘‘(A) the agency has complied with all re10 quirements under this section; or 

11 ‘‘(B) the eligibility of the agency to receive 

12 property transferred under this section has been 

13 suspended; and 

14 ‘‘(6) the Secretary of Defense has certified, for 

15 each Federal agency that has received property 

16 under this section that— 

17 ‘‘(A) the agency has complied with all re18 quirements under this section; or 

19 ‘‘(B) the eligibility of the agency to receive 

20 property transferred under this section has been 

21 suspended. 

22 ‘‘(h) PROHIBITION ON OWNERSHIP OF CONTROLLED

23 PROPERTY.—A Federal or State agency that receives con24 trolled property under this section may never take owner25 ship of the property. 


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1 ‘‘(i) NOTICE TO CONGRESS OF PROPERTY DOWN2 GRADES.—Not later than 30 days before downgrading the 

3 classification of any item of personal property from con4 trolled or Federal Supply Class, the Secretary shall submit 

5 to Congress notice of the proposed downgrade. 

6 ‘‘(j) NOTICE TO CONGRESS OF PROPERTY CANNIBAL7 IZATION.—Before the Defense Logistics Agency author8 izes the recipient of property transferred under this sec9 tion to cannibalize the property, the Secretary shall submit 

10 to Congress notice of such authorization, including the 

11 name of the recipient requesting the authorization, the 

12 purpose of the proposed cannibalization, and the type of 

13 property proposed to be cannibalized. 

14 ‘‘(k) QUARTERLY REPORTS ON USE OF CONTROLLED

15 EQUIPMENT.—Not later than 30 days after the last day 

16 of a fiscal quarter, the Secretary shall submit to Congress 

17 a report on any uses of controlled property transferred 

18 under this section during that fiscal quarter. 

19 ‘‘(l) REPORTS TO CONGRESS.—Not later than 30 

20 days after the last day of a fiscal year, the Secretary shall 

21 submit to Congress a report on the following for the pre22 ceding fiscal year: 

23 ‘‘(1) The percentage of equipment lost by re24 cipients of property transferred under this section, 

25 including specific information about the type of 


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1 property lost, the monetary value of such property, 

2 and the recipient that lost the property. 

3 ‘‘(2) The transfer of any new (condition code 

4 A) property transferred under this section, including 

5 specific information about the type of property, the 

6 recipient of the property, the monetary value of each 

7 item of the property, and the total monetary value 

8 of all such property transferred during the fiscal 

9 year.’’. 

10 (2) EFFECTIVE DATE.—The amendments made 

11 by paragraph (1) shall apply with respect to any 

12 transfer of property made after the date of the en13 actment of this Act. 

14 SEC. 366. BEST PRACTICES FOR LOCAL LAW ENFORCE15 MENT AGENCIES. 

16 (a) COPS GRANTS USED FOR LOCAL TASK FORCES

17 ON POLICING INNOVATION.—Part Q of title I of the Om18 nibus Crime Control and Safe Streets Act of 1968 (34 

19 U.S.C. 10381 et seq.) is amended— 

20 (1) in section 1701(b) (34 U.S.C. 13081(b)), as 

21 amended by section 104 of this Act, is amended— 

22 (A) by redesignating paragraphs (23) and 

23 (24) as paragraphs (24) and (25), respectively; 

24 (B) in paragraph (23), as so redesignated, 

25 by striking ‘‘(22)’’ and inserting ‘‘(23)’’; and 


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1 (C) by inserting after paragraph (22) the 

2 following: 

3 ‘‘(23) to develop best practices for and to create 

4 local task forces on policing innovation;’’; and 

5 (2) in section 1709 (34 U.S.C. 13089), as 

6 amended by section 104 of this Act, is amended by 

7 adding at the end the following: 

8 ‘‘(9) ‘local task force on policing innovation’ 

9 means an administrative entity that develops best 

10 practices and programs to enhance community serv11 ice and accountability of law enforcement officers.’’. 

12 (b) ATTORNEY GENERAL TO CONDUCT STUDY.— 

13 (1) STUDY.— 

14 (A) IN GENERAL.—The Attorney General 

15 shall conduct a nationwide study of the preva16 lence and effect of any law, rule, or procedure 

17 that allows a law enforcement officer to delay 

18 the response to questions posed by a local inter19 nal affairs officer, or review board on the inves20 tigative integrity and prosecution of law en21 forcement misconduct, including pre-interview 

22 warnings and termination policies. 

23 (B) INITIAL ANALYSIS.—The Attorney 

24 General shall perform an initial analysis of ex25 isting State statutes to determine whether, at a 


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1 threshold level, the effect of this type of rule or 

2 procedure raises material investigatory issues 

3 that could impair or hinder a prompt and thor4 ough investigation of possible misconduct, in5 cluding criminal conduct, that would justify a 

6 wider inquiry. 

7 (C) DATA COLLECTION.—After completion 

8 of the initial analysis under subparagraph (B), 

9 and considering material investigatory issues, 

10 the Attorney General shall gather additional 

11 data nationwide on similar rules from a rep12 resentative and statistically significant sample 

13 of jurisdictions, to determine whether such rules 

14 and procedures raise such material investiga15 tory issues. 

16 (2) REPORTING.— 

17 (A) INITIAL ANALYSIS.—Not later than 

18 120 days after the date of the enactment of this 

19 Act, the Attorney General shall— 

20 (i) submit to Congress a report con21 taining the results of the initial analysis 

22 conducted under paragraph (1)(B); 

23 (ii) make the report submitted under 

24 clause (i) available to the public; and 


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1 (iii) identify the jurisdictions for 

2 which the study described in paragraph 

3 (1)(A) is to be conducted. 

4 (B) DATA COLLECTED.—Not later than 2 

5 years after the date of the enactment of this 

6 Act, the Attorney General shall submit to Con7 gress a report containing the results of the data 

8 collected under this section and publish the re9 port in the Federal Register. 

10 (c) CRISIS INTERVENTION TEAMS.—Section 501(c) 

11 of title I of the Omnibus Crime Control and Safe Streets 

12 Act of 1968 (34 U.S.C. 10152(c)) is amended by adding 

13 at the end the following: 

14 ‘‘(3) In the case of crisis intervention teams 

15 funded under subsection (a)(1)(H), a program as16 sessment under this subsection shall contain a report 

17 on best practices for crisis intervention.’’. 

18 (d) USE OF COPS GRANT PROGRAM TO HIRE LAW

19 ENFORCEMENT OFFICERS WHO ARE RESIDENTS OF THE

20 COMMUNITIES THEY SERVE.—Section 1701(b) of title I 

21 of the Omnibus Crime Control and Safe Streets Act of 

22 1968 (34 U.S.C. 10381(b)), as amended by subsection (a) 

23 of this section, is amended— 

24 (1) by redesignating paragraphs (24) and (25) 

25 as paragraphs (27) and (28), respectively; 


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1 (2) in paragraph (27), as so redesignated, by 

2 striking ‘‘(23)’’ and inserting ‘‘(26)’’; and 

3 (3) by inserting after paragraph (23) the fol4 lowing: 

5 ‘‘(24) to recruit, hire, incentivize, retain, de6 velop, and train new, additional career law enforce7 ment officers or current law enforcement officers 

8 who are willing to relocate to communities— 

9 ‘‘(A) where there are poor or fragmented 

10 relationships between police and residents of the 

11 community, or where there are high incidents of 

12 crime; and 

13 ‘‘(B) that are the communities that the law 

14 enforcement officers serve, or that are in close 

15 proximity to the communities that the law en16 forcement officers serve; 

17 ‘‘(25) to collect data on the number of law en18 forcement officers who are willing to relocate to the 

19 communities where they serve, and whether such law 

20 enforcement officer relocations have impacted crime 

21 in such communities; 

22 ‘‘(26) to develop and publicly report strategies 

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1 ment workforce, consistent with merit system prin2 ciples and applicable law;’’. 

3 Subtitle C—Law Enforcement Body 

4 Cameras 

5 PART I—FEDERAL POLICE CAMERA AND 

6 ACCOUNTABILITY ACT 

7 SEC. 371. SHORT TITLE. 

8 This part may be cited as the ‘‘Federal Police Cam9 era and Accountability Act’’. 

10 SEC. 372. REQUIREMENTS FOR FEDERAL UNIFORMED OFFI11 CERS REGARDING THE USE OF BODY CAM12 ERAS. 

13 (a) DEFINITIONS.—In this section: 

14 (1) MINOR.—The term ‘‘minor’’ means any in15 dividual under 18 years of age. 

16 (2) SUBJECT OF THE VIDEO FOOTAGE.—The 

17 term ‘‘subject of the video footage’’— 

18 (A) means any identifiable uniformed offi19 cer or any identifiable suspect, victim, detainee, 

20 conversant, injured party, or other similarly sit21 uated person who appears on the body camera 

22 recording; and 

23 (B) does not include people who only inci24 dentally appear on the recording. 


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1 (3) UNIFORMED OFFICER.—The term ‘‘uni2 formed officer’’ means any person authorized by law 

3 to conduct searches and effectuate arrests, either 

4 with or without a warrant, and who is employed by 

5 the Federal Government. 

6 (4) USE OF FORCE.—The term ‘‘use of force’’ 

7 means any action by a uniformed officer that— 

8 (A) results in death, injury, complaint of 

9 injury, or complaint of pain that persists be10 yond the use of a physical control hold; 

11 (B) involves the use of a weapon, including 

12 a personal body weapon, chemical agent, impact 

13 weapon, extended range impact weapon, sonic 

14 weapon, sensory weapon, conducted energy de15 vice, or firearm, against a member of the pub16 lic; or 

17 (C) involves any intentional pointing of a 

18 firearm at a member of the public. 

19 (5) VIDEO FOOTAGE.—The term ‘‘video foot20 age’’ means any images or audio recorded by a body 

21 camera. 

22 (b) REQUIREMENT TO WEAR BODY CAMERA.— 

23 (1) IN GENERAL.—Uniformed officers with the 

24 authority to conduct searches and make arrests shall 

25 wear a body camera. 


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1 (2) REQUIREMENT FOR BODY CAMERA.—A 

2 body camera required under paragraph (1) shall— 

3 (A) have a field of view at least as broad 

4 as the officer’s vision; and 

5 (B) be worn in a manner that maximizes 

6 the camera’s ability to capture video footage of 

7 the officer’s activities. 

8 (c) REQUIREMENT TO ACTIVATE.— 

9 (1) IN GENERAL.—Both the video and audio re10 cording functions of the body camera shall be acti11 vated whenever a uniformed officer is responding to 

12 a call for service or at the initiation of any other law 

13 enforcement or investigative encounter between a 

14 uniformed officer and a member of the public, except 

15 that when an immediate threat to the officer’s life 

16 or safety makes activating the camera impossible or 

17 dangerous, the officer shall activate the camera at 

18 the first reasonable opportunity to do so. 

19 (2) ALLOWABLE DEACTIVATION.—The body 

20 camera shall not be deactivated until the encounter 

21 has fully concluded and the uniformed officer leaves 

22 the scene. 

23 (d) NOTIFICATION OF SUBJECT OF RECORDING.—A 

24 uniformed officer who is wearing a body camera shall no25 tify any subject of the recording that he or she is being 


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1 recorded by a body camera as close to the inception of 

2 the encounter as is reasonably possible. 

3 (e) REQUIREMENTS.—Notwithstanding subsection 

4 (c), the following shall apply to the use of a body camera: 

5 (1) Prior to entering a private residence with6 out a warrant or in non-exigent circumstances, a 

7 uniformed officer shall ask the occupant if the occu8 pant wants the officer to discontinue use of the offi9 cer’s body camera. If the occupant responds affirma10 tively, the uniformed officer shall immediately dis11 continue use of the body camera. The officer shall 

12 record such communication using the officer’s body 

13 camera. 

14 (2) When interacting with an apparent crime 

15 victim, a uniformed officer shall, as soon as prac16 ticable, ask the apparent crime victim if the appar17 ent crime victim wants the officer to discontinue use 

18 of the officer’s body camera. If the apparent crime 

19 victim responds affirmatively, the uniformed officer 

20 shall immediately discontinue use of the body cam21 era. 

22 (3) When interacting with a person seeking to 

23 anonymously report a crime or assist in an ongoing 

24 law enforcement investigation, a uniformed officer 

25 shall, as soon as practicable, ask the person seeking 


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1 to remain anonymous if the person seeking to re2 main anonymous wants the officer to discontinue use 

3 of the officer’s body camera. If the person seeking 

4 to remain anonymous responds affirmatively, the 

5 uniformed officer shall immediately discontinue use 

6 of the body camera. 

7 (f) RECORDING OF OFFERS TO DISCONTINUE USE

8 OF BODY CAMERA.—Each offer of a uniformed officer to 

9 discontinue the use of a body camera made pursuant to 

10 subsection (d), and the responses thereto, shall be re11 corded by the body camera prior to discontinuing use of 

12 the body camera. 

13 (g) LIMITATIONS ON USE OF BODY CAMERA.—Body 

14 cameras shall not be used to gather intelligence informa15 tion based on First Amendment protected speech, associa16 tions, or religion, or to record activity that is unrelated 

17 to a response to a call for service or a law enforcement 

18 or investigative encounter between a law enforcement offi19 cer and a member of the public, and shall not be equipped 

20 with or subjected to any real time facial recognition tech21 nologies. 

22 (h) EXCEPTIONS.—Uniformed officers— 

23 (1) shall not be required to use body cameras 

24 during investigative or enforcement encounters with 

25 the public in the case that— 


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1 (A) recording would risk the safety of a 

2 confidential informant, citizen informant, or un3 dercover officer; 

4 (B) recording would pose a serious risk to 

5 national security; or 

6 (C) the officer is a military police officer, 

7 a member of the United States Army Criminal 

8 Investigation Command, or a protective detail 

9 assigned to a Federal or foreign official while 

10 performing his or her duties; and 

11 (2) shall not activate a body camera while on 

12 the grounds of any public, private or parochial ele13 mentary or secondary school, except when respond14 ing to an imminent threat to life or health. 

15 (i) RETENTION OF FOOTAGE.— 

16 (1) IN GENERAL.—Body camera video footage 

17 shall be retained by the law enforcement agency that 

18 employs the officer whose camera captured the foot19 age, or an authorized agent thereof, for 6 months 

20 after the date it was recorded, after which time such 

21 footage shall be permanently deleted. 

22 (2) RIGHT TO INSPECT.—During the 6-month 

23 retention period described in paragraph (1), the fol24 lowing persons shall have the right to inspect the 

25 body camera footage: 


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1 (A) Any person who is a subject of body 

2 camera video footage, and their designated legal 

3 counsel. 

4 (B) A parent of a minor subject of body 

5 camera video footage, and their designated legal 

6 counsel. 

7 (C) The spouse, next of kin, or legally au8 thorized designee of a deceased subject of body 

9 camera video footage, and their designated legal 

10 counsel. 

11 (D) A uniformed officer whose body cam12 era recorded the video footage, and their des13 ignated legal counsel, subject to the limitations 

14 and restrictions in this part. 

15 (E) The superior officer of a uniformed of16 ficer whose body camera recorded the video 

17 footage, subject to the limitations and restric18 tions in this part. 

19 (F) Any defense counsel who claims, pur20 suant to a written affidavit, to have a reason21 able basis for believing a video may contain evi22 dence that exculpates a client. 

23 (3) LIMITATION.—The right to inspect subject 

24 to subsection (j)(1) shall not include the right to 

25 possess a copy of the body camera video footage, unVerDate Sep 11 2014 04:04 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\S3912.IS S3912

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1 less the release of the body camera footage is other2 wise authorized by this part or by another applicable 

3 law. When a body camera fails to capture some or 

4 all of the audio or video of an incident due to mal5 function, displacement of camera, or any other 

6 cause, any audio or video footage that is captured 

7 shall be treated the same as any other body camera 

8 audio or video footage under the law. 

9 (j) ADDITIONAL RETENTION REQUIREMENTS.—Not10 withstanding the retention and deletion requirements in 

11 subsection (i): 

12 (1) Video footage shall be automatically re13 tained for not less than 3 years if the video footage 

14 captures an interaction or event involving— 

15 (A) any use of force; or 

16 (B) an encounter about which a complaint 

17 has been registered by a subject of the video 

18 footage. 

19 (2) Body camera video footage shall also be re20 tained for not less than 3 years if a longer retention 

21 period is voluntarily requested by— 

22 (A) the uniformed officer whose body cam23 era recorded the video footage, if that officer 

24 reasonably asserts the video footage has eviVerDate Sep 11 2014 04:04 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\S3912.IS S3912

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1 dentiary or exculpatory value in an ongoing in2 vestigation; 

3 (B) any uniformed officer who is a subject 

4 of the video footage, if that officer reasonably 

5 asserts the video footage has evidentiary or ex6 culpatory value; 

7 (C) any superior officer of a uniformed of8 ficer whose body camera recorded the video 

9 footage or who is a subject of the video footage, 

10 if that superior officer reasonably asserts the 

11 video footage has evidentiary or exculpatory 

12 value; 

13 (D) any uniformed officer, if the video 

14 footage is being retained solely and exclusively 

15 for police training purposes; 

16 (E) any member of the public who is a 

17 subject of the video footage; 

18 (F) any parent or legal guardian of a 

19 minor who is a subject of the video footage; or 

20 (G) a deceased subject’s spouse, next of 

21 kin, or legally authorized designee. 

22 (k) PUBLIC REVIEW.—For purposes of subpara23 graphs (E), (F), and (G) of subsection (j)(2), any member 

24 of the public who is a subject of video footage, the parent 

25 or legal guardian of a minor who is a subject of the video 


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1 footage, or a deceased subject’s next of kin or legally au2 thorized designee, shall be permitted to review the specific 

3 video footage in question in order to make a determination 

4 as to whether they will voluntarily request it be subjected 

5 to a 3-year retention period. 

6 (l) DISCLOSURE.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), all video footage of an interaction or 

9 event captured by a body camera, if that interaction 

10 or event is identified with reasonable specificity and 

11 requested by a member of the public, shall be pro12 vided to the person or entity making the request in 

13 accordance with the procedures for requesting and 

14 providing government records set forth in the section 

15 552a of title 5, United States Code. 

16 (2) EXCEPTIONS.—The following categories of 

17 video footage shall not be released to the public in 

18 the absence of express written permission from the 

19 non-law enforcement subjects of the video footage: 

20 (A) Video footage not subject to a min21 imum 3-year retention period pursuant to sub22 section (j). 

23 (B) Video footage that is subject to a min24 imum 3-year retention period solely and excluVerDate Sep 11 2014 04:04 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\S3912.IS S3912

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1 sively pursuant to paragraph (1)(B) or (2) of 

2 subsection (j). 

3 (3) PRIORITY OF REQUESTS.—Notwithstanding 

4 any time periods established for acknowledging and 

5 responding to records requests in section 552a of 

6 title 5, United States Code, responses to requests for 

7 video footage that is subject to a minimum 3-year 

8 retention period pursuant to subsection (j)(1)(A), 

9 where a subject of the video footage is recorded 

10 being killed, shot by a firearm, or grievously injured, 

11 shall be prioritized and the requested video footage 

12 shall be provided as expeditiously as possible, but in 

13 no circumstances later than 5 days following receipt 

14 of the request. 

15 (4) USE OF REDACTION TECHNOLOGY.— 

16 (A) IN GENERAL.—Whenever doing so is 

17 necessary to protect personal privacy, the right 

18 to a fair trial, the identity of a confidential 

19 source or crime victim, or the life or physical 

20 safety of any person appearing in video footage, 

21 redaction technology may be used to obscure 

22 the face and other personally identifying char23 acteristics of that person, including the tone of 

24 the person’s voice, provided the redaction does 

25 not interfere with a viewer’s ability to fully, 


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1 completely, and accurately comprehend the 

2 events captured on the video footage. 

3 (B) REQUIREMENTS.—The following re4 quirements shall apply to redactions under sub5 paragraph (A): 

6 (i) When redaction is performed on 

7 video footage pursuant to this paragraph, 

8 an unedited, original version of the video 

9 footage shall be retained pursuant to the 

10 requirements of subsections (i) and (j). 

11 (ii) Except pursuant to the rules for 

12 the redaction of video footage set forth in 

13 this subsection or where it is otherwise ex14 pressly authorized by this Act, no other ed15 iting or alteration of video footage, includ16 ing a reduction of the video footage’s reso17 lution, shall be permitted. 

18 (5) APPLICABILITY.—The provisions governing 

19 the production of body camera video footage to the 

20 public in this part shall take precedence over all 

21 other State and local laws, rules, and regulations to 

22 the contrary. 

23 (m) PROHIBITED WITHHOLDING OF FOOTAGE.— 

24 Body camera video footage may not be withheld from the 

25 public on the basis that it is an investigatory record or 


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1 was compiled for law enforcement purposes where any per2 son under investigation or whose conduct is under review 

3 is a police officer or other law enforcement employee and 

4 the video footage relates to that person’s on-the-job con5 duct. 

6 (n) ADMISSIBILITY.—Any video footage retained be7 yond 6 months solely and exclusively pursuant to sub8 section (j)(2)(D) shall not be admissible as evidence in any 

9 criminal or civil legal or administrative proceeding. 

10 (o) CONFIDENTIALITY.—No government agency or 

11 official, or law enforcement agency, officer, or official may 

12 publicly disclose, release, or share body camera video foot13 age unless— 

14 (1) doing so is expressly authorized pursuant to 

15 this part or another applicable law; or 

16 (2) the video footage is subject to public release 

17 pursuant to subsection (l), and not exempted from 

18 public release pursuant to subsection (l)(1). 

19 (p) LIMITATION ON UNIFORMED OFFICER VIEWING

20 OF BODY CAMERA FOOTAGE.—No uniformed officer shall 

21 review or receive an accounting of any body camera video 

22 footage that is subject to a minimum 3-year retention pe23 riod pursuant to subsection (j)(1) prior to completing any 

24 required initial reports, statements, and interviews regard25 ing the recorded event, unless doing so is necessary, while 


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1 in the field, to address an immediate threat to life or safe2 ty. 

3 (q) ADDITIONAL LIMITATIONS.—Video footage may 

4 not be— 

5 (1) in the case of footage that is not subject to 

6 a minimum 3-year retention period, viewed by any 

7 superior officer of a uniformed officer whose body 

8 camera recorded the footage absent a specific allega9 tion of misconduct; 

10 (2) subjected to facial recognition or any other 

11 form of automated analysis or analytics of any kind, 

12 unless— 

13 (A) a judicial warrant providing authoriza14 tion is obtained; 

15 (B) the judicial warrant specifies the pre16 cise video recording to which the authorization 

17 applies; and 

18 (C) the authorizing court finds there is 

19 probable cause to believe that the requested use 

20 of facial recognition is relevant to an ongoing 

21 criminal investigation; or 

22 (3) divulged or used by any law enforcement 

23 agency for any commercial or other non-law enforce24 ment purpose. 


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1 (r) THIRD-PARTY MAINTENANCE OF FOOTAGE.— 

2 Where a law enforcement agency authorizes a third party 

3 to act as its agent in maintaining body camera footage, 

4 the agent shall not be permitted to independently access, 

5 view, or alter any video footage, except to delete videos 

6 as required by law or agency retention policies. 

7 (s) ENFORCEMENT.— 

8 (1) IN GENERAL.—If any uniformed officer, 

9 employee, or agent fails to adhere to the recording 

10 or retention requirements contained in this part, in11 tentionally interfere with a body camera’s ability to 

12 accurately capture video footage, or otherwise ma13 nipulate the video footage captured by a body cam14 era during or after its operation— 

15 (A) appropriate disciplinary action shall be 

16 taken against the individual officer, employee, 

17 or agent; 

18 (B) a rebuttable evidentiary presumption 

19 shall be adopted in favor of criminal defendants 

20 who reasonably assert that exculpatory evidence 

21 was destroyed or not captured; and 

22 (C) a rebuttable evidentiary presumption 

23 shall be adopted on behalf of civil plaintiffs 

24 suing the government, a law enforcement agen25 cy and/or uniformed officers for damages based 


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1 on police misconduct who reasonably assert that 

2 evidence supporting their claim was destroyed 

3 or not captured. 

4 (2) PROOF COMPLIANCE WAS IMPOSSIBLE.— 

5 The disciplinary action requirement and rebuttable 

6 presumptions described in paragraph (1) may be 

7 overcome by contrary evidence or proof of exigent 

8 circumstances that made compliance impossible. 

9 (t) USE OF FORCE INVESTIGATIONS.—In the case 

10 that a law enforcement officer equipped with a body cam11 era is involved in, a witness to, or within viewable sight 

12 range of either the use of force by another law enforce13 ment officer that results in a death, the use of force by 

14 another law enforcement officer, during which the dis15 charge of a firearm results in an injury, or the conduct 

16 of another law enforcement officer that becomes the sub17 ject of a criminal investigation— 

18 (1) the law enforcement agency that employs 

19 the law enforcement officer, or the agency or depart20 ment conducting the related criminal investigation, 

21 as appropriate, shall promptly take possession of the 

22 body camera, and shall maintain such camera, and 

23 any data on such camera, in accordance with the ap24 plicable rules governing the preservation of evidence; 


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1 (2) a copy of the data on such body camera 

2 shall be made in accordance with prevailing forensic 

3 standards for data collection and reproduction; and 

4 (3) such copied data shall be made available to 

5 the public in accordance with subsection (l). 

6 (u) LIMITATION ON USE OF FOOTAGE AS EVI7 DENCE.—Any body camera video footage recorded in con8 travention of this part or any other applicable law may 

9 not be offered as evidence by any government entity, agen10 cy, department, prosecutorial office, or any other subdivi11 sion thereof in any criminal or civil action or proceeding 

12 against any member of the public. 

13 (v) PUBLICATION OF AGENCY POLICIES.—Any law 

14 enforcement policy or other guidance regarding body cam15 eras, their use, or the video footage therefrom that is 

16 adopted by a Federal agency or department, shall be made 

17 publicly available on that agency’s website. 

18 (w) RULE OF CONSTRUCTION.—Nothing in this part 

19 shall be construed to contravene any laws governing the 

20 maintenance, production, and destruction of evidence in 

21 criminal investigations and prosecutions. 

22 SEC. 373. PATROL VEHICLES WITH IN-CAR VIDEO RECORD23 ING CAMERAS. 

24 (a) DEFINITIONS.—In this section: 


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1 (1) AUDIO RECORDING.—The term ‘‘audio re2 cording’’ means the recorded conversation between 

3 an officer and a second party. 

4 (2) EMERGENCY LIGHTS.—The term ‘‘emer5 gency lights’’ means oscillating, rotating, or flashing 

6 lights on patrol vehicles. 

7 (3) ENFORCEMENT STOP.—The term ‘‘enforce8 ment stop’’ means an action by an officer in relation 

9 to enforcement and investigation duties, including 

10 traffic stops, pedestrian stops, abandoned vehicle 

11 contacts, motorist assists, commercial motor vehicle 

12 stops, roadside safety checks, requests for identifica13 tion, or responses to requests for emergency assist14 ance. 

15 (4) IN-CAR VIDEO CAMERA.—The term ‘‘in-car 

16 video camera’’ means a video camera located in a 

17 patrol vehicle. 

18 (5) IN-CAR VIDEO CAMERA RECORDING EQUIP19 MENT.—The term ‘‘in-car video camera recording 

20 equipment’’ means a video camera recording system 

21 located in a patrol vehicle consisting of a camera as22 sembly, recording mechanism, and an in-car video 

23 recording medium. 

24 (6) RECORDING.—The term ‘‘recording’’ means 

25 the process of capturing data or information stored 


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1 on a recording medium as required under this sec2 tion. 

3 (7) RECORDING MEDIUM.—The term ‘‘record4 ing medium’’ means any recording medium for the 

5 retention and playback of recorded audio and video 

6 including VHS, DVD, hard drive, solid state, digital, 

7 or flash memory technology. 

8 (8) WIRELESS MICROPHONE.—The term ‘‘wire9 less microphone’’ means a device worn by the officer 

10 or any other equipment used to record conversations 

11 between the officer and a second party and trans12 mitted to the recording equipment. 

13 (b) REQUIREMENTS.— 

14 (1) IN GENERAL.—Each Federal law enforce15 ment agency shall install in-car video camera record16 ing equipment in all patrol vehicles with a recording 

17 medium capable of recording for a period of 10 

18 hours or more and capable of making audio record19 ings with the assistance of a wireless microphone. 

20 (2) RECORDING EQUIPMENT REQUIREMENTS.— 

21 In-car video camera recording equipment with a re22 cording medium capable of recording for a period of 

23 10 hours or more shall record activities— 

24 (A) outside a patrol vehicle whenever— 


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1 (i) an officer assigned a patrol vehicle 

2 is conducting an enforcement stop; 

3 (ii) patrol vehicle emergency lights are 

4 activated or would otherwise be activated if 

5 not for the need to conceal the presence of 

6 law enforcement; or 

7 (iii) an officer reasonably believes re8 cording may assist with prosecution, en9 hance safety, or for any other lawful pur10 pose. In-car video camera recording equip11 ment with a recording medium incapable of 

12 recording for a period of 10 hours or more 

13 shall record activities inside the vehicle 

14 when transporting an arrestee or when an 

15 officer reasonably believes recording may 

16 assist with prosecution, enhance safety, or 

17 for any other lawful purpose; and 

18 (B) shall record activities whenever a pa19 trol vehicle is assigned to patrol duty. 

20 (3) REQUIREMENTS FOR RECORDING.— 

21 (A) IN GENERAL.—Recording for an en22 forcement stop shall begin when the officer de23 termines an enforcement stop is necessary and 

24 shall continue until the enforcement action has 


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1 been completed and the subject of the enforce2 ment stop or the officer has left the scene. 

3 (B) ACTIVATION WITH LIGHTS.—Record4 ing shall begin when patrol vehicle emergency 

5 lights are activated or when they would other6 wise be activated if not for the need to conceal 

7 the presence of law enforcement, and shall con8 tinue until the reason for the activation ceases 

9 to exist, regardless of whether the emergency 

10 lights are no longer activated. 

11 (C) PERMISSIBLE RECORDING.—An officer 

12 may begin recording if the officer reasonably 

13 believes recording may assist with prosecution, 

14 enhance safety, or for any other lawful purpose; 

15 and shall continue until the reason for record16 ing ceases to exist. 

17 (4) ENFORCEMENT STOPS.—Any enforcement 

18 stop shall be video and audio recorded. Audio re19 cording shall terminate upon release of the violator 

20 and prior to initiating a separate criminal investiga21 tion. 

22 (c) RETENTION OF RECORDINGS.—Recordings made 

23 on in-car video camera recording medium shall be retained 

24 for a storage period of at least 90 days. Under no cir25 cumstances shall any recording made on in-car video camVerDate Sep 11 2014 04:04 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\S3912.IS S3912

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1 era recording medium be altered or erased prior to the 

2 expiration of the designated storage period. Upon comple3 tion of the storage period, the recording medium may be 

4 erased and reissued for operational use unless otherwise 

5 ordered or if designated for evidentiary or training pur6 poses. 

7 (d) ACCESSIBILITY OF RECORDINGS.—Audio or video 

8 recordings made pursuant to this section shall be available 

9 under the applicable provisions of section 552a of title 5, 

10 United States Code. Only recorded portions of the audio 

11 recording or video recording medium applicable to the re12 quest will be available for inspection or copying. 

13 (e) MAINTENANCE REQUIRED.—The agency shall en14 sure proper care and maintenance of in-car video camera 

15 recording equipment and recording medium. An officer op16 erating a patrol vehicle must immediately document and 

17 notify the appropriate person of any technical difficulties, 

18 failures, or problems with the in-car video camera record19 ing equipment or recording medium. Upon receiving no20 tice, every reasonable effort shall be made to correct and 

21 repair any of the in-car video camera recording equipment 

22 or recording medium and determine if it is in the public 

23 interest to permit the use of the patrol vehicle. 


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1 SEC. 374. FACIAL RECOGNITION TECHNOLOGY. 

2 No camera or recording device authorized or required 

3 to be used under this part may employ facial recognition 

4 technology. 

5 SEC. 375. GAO STUDY. 

6 Not later than 1 year after the date of enactment 

7 of this Act, the Comptroller General of the United States 

8 shall conduct a study on Federal law enforcement officer 

9 training, vehicle pursuits, use of force, and interaction 

10 with citizens, and submit a report on such study to— 

11 (1) the Committees on the Judiciary of the 

12 House of Representatives and of the Senate; 

13 (2) the Committee on Oversight and Reform of 

14 the House of Representatives; and 

15 (3) the Committee on Homeland Security and 

16 Governmental Affairs of the Senate. 

17 SEC. 376. REGULATIONS. 

18 Not later than 6 months after the date of the enact19 ment of this Act, the Attorney General shall issue such 

20 final regulations as are necessary to carry out this part. 

21 SEC. 377. RULE OF CONSTRUCTION. 

22 Nothing in this part shall be construed to impose any 

23 requirement on a uniformed officer outside of the course 

24 of carrying out that officer’s duty. 


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1 PART II—POLICE CAMERA ACT 

2 SEC. 381. SHORT TITLE. 

3 This part may be cited as the ‘‘Police Creating Ac4 countability by Making Effective Recording Available Act 

5 of 2020’’ or the ‘‘Police CAMERA Act of 2020’’. 

6 SEC. 382. LAW ENFORCEMENT BODY-WORN CAMERA RE7 QUIREMENTS. 

8 (a) USE OF FUNDS REQUIREMENT.—Section 502(a) 

9 of title I of the Omnibus Crime Control and Safe Streets 

10 Act of 1968 (34 U.S.C. 10153(a)), as amended by section 

11 334, is amended by adding at the end the following: 

12 ‘‘(10) An assurance that, for each fiscal year 

13 covered by an application, the applicant will use not 

14 less than 5 percent of the total amount of the grant 

15 award for the fiscal year to develop policies and pro16 tocols in compliance with part OO.’’. 

17 (b) REQUIREMENTS.—Title I of the Omnibus Crime 

18 Control and Safe Streets Act of 1968 (34 U.S.C. 10101 

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

20 ‘‘PART OO—LAW ENFORCEMENT BODY-WORN 

21 CAMERAS AND RECORDED DATA 

22 ‘‘SEC. 3051. USE OF GRANT FUNDS. 

23 ‘‘(a) IN GENERAL.—Grant amounts described in 

24 paragraph (10) of section 502(a) of this title shall be 

25 used— 


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1 ‘‘(1) to purchase or lease body-worn cameras 

2 for use by State, local, and tribal law enforcement 

3 officers (as defined in section 2503); 

4 ‘‘(2) for expenses related to the implementation 

5 of a body-worn camera program in order to deter ex6 cessive force, improve accountability and trans7 parency of use of force by law enforcement officers, 

8 assist in responding to complaints against law en9 forcement officers, and improve evidence collection; 

10 or 

11 ‘‘(3) implementing policies or procedures to 

12 comply with the requirements described in sub13 section (b). 

14 ‘‘(b) REQUIREMENTS.—A recipient of a grant under 

15 subpart 1 of part E of title I shall— 

16 ‘‘(1) establish policies and procedures in accord17 ance with the requirements described in subsection 

18 (c) before law enforcement officers’ use of body-worn 

19 cameras; 

20 ‘‘(2) adopt recorded data collection and reten21 tion protocols as described in subsection (d) before 

22 law enforcement officers’ use of body-worn cameras; 

23 ‘‘(3) making the policies and protocols described 

24 in paragraphs (1) and (2) available to the public; 

25 and 


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1 ‘‘(4) complying with the requirements for use of 

2 recorded data under subsection (f). 

3 ‘‘(c) REQUIRED POLICIES AND PROCEDURES.—An 

4 entity receiving a grant under this section shall— 

5 ‘‘(1) develop with community input and publish 

6 for public view policies and protocols for— 

7 ‘‘(A) the safe and effective use of body8 worn cameras; 

9 ‘‘(B) the secure storage, handling, and de10 struction of recorded data collected by body11 worn cameras; 

12 ‘‘(C) protecting the privacy rights of any 

13 individual who may be recorded by a body-worn 

14 camera; 

15 ‘‘(D) protecting the constitutional rights of 

16 any individual on whom facial recognition tech17 nology is used; 

18 ‘‘(E) limitations on the use of body-worn 

19 cameras in conjunction with facial recognition 

20 technology for instances, including— 

21 ‘‘(i) the use of facial recognition tech22 nology only with judicial authorization; 

23 ‘‘(ii) the use of facial recognition tech24 nology only for imminent threats or serious 

25 crimes; and 


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1 ‘‘(iii) the use of facial recognition 

2 technology with double verification of iden3 tified faces; 

4 ‘‘(F) the release of any recorded data col5 lected by a body-worn camera in accordance 

6 with the open records laws, if any, of the State; 

7 and 

8 ‘‘(G) making recorded data available to 

9 prosecutors, defense attorneys, and other offi10 cers of the court in accordance with subpara11 graph (E); and 

12 ‘‘(2) conduct periodic evaluations of the security 

13 of the storage and handling of the body-worn camera 

14 data. 

15 ‘‘(d) RECORDED DATA COLLECTION AND RETEN16 TION PROTOCOL.—The recorded data collection and reten17 tion protocol described in this paragraph is a protocol 

18 that— 

19 ‘‘(1) requires— 

20 ‘‘(A) a law enforcement officer who is 

21 wearing a body-mounted camera to provide an 

22 explanation if an activity that is required to be 

23 recorded by the body-mounted camera is not re24 corded; 


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1 ‘‘(B) a law enforcement officer who is 

2 wearing a body-mounted camera to obtain con3 sent to be recorded from a crime victim or wit4 ness before interviewing the victim or witness; 

5 ‘‘(C) the collection of recorded data unre6 lated to a legitimate law enforcement purpose 

7 be minimized to the greatest extent practicable; 

8 ‘‘(D) the system used to store recorded 

9 data collected by body-worn cameras shall log 

10 all viewing, modification, or deletion of stored 

11 recorded data and shall prevent, to the greatest 

12 extent practicable, the unauthorized access or 

13 disclosure of stored recorded data; 

14 ‘‘(E) any law enforcement officer be pro15 hibited from accessing the stored data without 

16 an authorized purpose; and 

17 ‘‘(F) the law enforcement agency to collect 

18 and report statistical data on— 

19 ‘‘(i) incidences of use of force, disag20 gregated by race, ethnicity, gender, and 

21 age of the victim; 

22 ‘‘(ii) the number of complaints filed 

23 against law enforcement officers; 

24 ‘‘(iii) the disposition of complaints 

25 filed against law enforcement officers; 


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1 ‘‘(iv) the number of times camera 

2 footage is used for evidence collection in 

3 investigations of crimes; and 

4 ‘‘(v) any other additional statistical 

5 data that the Director determines should 

6 be collected and reported; 

7 ‘‘(2) allows an individual to file a complaint 

8 with a law enforcement agency relating to the im9 proper use of body-worn cameras; and 

10 ‘‘(3) complies with any other requirements es11 tablished by the Director. 

12 ‘‘(e) REPORTING.—Statistical data required to be col13 lected under subsection (d)(1)(D) shall be reported to the 

14 Director, who shall— 

15 ‘‘(1) establish a standardized reporting system 

16 for statistical data collected under this program; and 

17 ‘‘(2) establish a national database of statistical 

18 data recorded under this program. 

19 ‘‘(f) USE OR TRANSFER OF RECORDED DATA.— 

20 ‘‘(1) IN GENERAL.—Recorded data collected by 

21 an entity receiving a grant under this section from 

22 a body-mounted camera shall be used only in inter23 nal and external investigations of misconduct by a 

24 law enforcement agency or officer, if there is reason25 able suspicion that a recording contains evidence of 


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1 a crime, or for limited training purposes. The Direc2 tor shall establish rules to ensure that the recorded 

3 data is used only for the purposes described in this 

4 subparagraph. 

5 ‘‘(2) PROHIBITION ON TRANSFER.—Except as 

6 provided in paragraph (3), an entity receiving a 

7 grant under this section may not transfer any re8 corded data collected by the entity from a body9 mounted camera to another law enforcement or in10 telligence agency. 

11 ‘‘(3) EXCEPTIONS.— 

12 ‘‘(A) CRIMINAL INVESTIGATION.—An enti13 ty receiving a grant under this section may 

14 transfer recorded data collected by the entity 

15 from a body-mounted camera to another law 

16 enforcement agency or intelligence agency for 

17 use in a criminal investigation if the requesting 

18 law enforcement or intelligence agency has rea19 sonable suspicion that the requested data con20 tains evidence relating to the crime being inves21 tigated. 

22 ‘‘(B) CIVIL RIGHTS CLAIMS.—An entity re23 ceiving a grant under this section may transfer 

24 recorded data collected by the law enforcement 

25 agency from a body-mounted camera to another 


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1 law enforcement agency for use in an investiga2 tion of any right, privilege, or immunity secured 

3 or protected by the Constitution or laws of the 

4 United States. 

5 ‘‘(g) AUDIT AND ASSESSMENT.— 

6 ‘‘(1) IN GENERAL.—Not later than 2 years 

7 after the date of enactment of this part, the Director 

8 of the Office of Audit, Assessment, and Management 

9 shall perform an assessment of the use of funds 

10 under this section and the policies and protocols of 

11 the grantees. 

12 ‘‘(2) REPORTS.—Not later than September 1 of 

13 each year, beginning 2 years after the date of enact14 ment of this part, each recipient of a grant under 

15 this part shall submit to the Director of the Office 

16 of Audit, Assessment, and Management a report 

17 that— 

18 ‘‘(A) describes the progress of the body19 worn camera program; and 

20 ‘‘(B) contains recommendations on ways in 

21 which the Federal Government, States, and 

22 units of local government can further support 

23 the implementation of the program. 

24 ‘‘(3) REVIEW.—The Director of the Office of 

25 Audit, Assessment, and Management shall evaluate 


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1 the policies and protocols of the grantees and take 

2 such steps as the Director of the Office of Audit, As3 sessment, and Management determines necessary to 

4 ensure compliance with the program. 

5 ‘‘SEC. 3052. BODY-WORN CAMERA TRAINING TOOLKIT. 

6 ‘‘(a) IN GENERAL.—The Director shall establish and 

7 maintain a toolkit for law enforcement agencies, academia, 

8 and other relevant entities to provide training and tech9 nical assistance, including best practices for implementa10 tion, model policies and procedures, and research mate11 rials. 

12 ‘‘(b) MECHANISM.—In establishing the toolkit re13 quired to under subsection (a), the Director may consoli14 date research, practices, templates, and tools that been de15 veloped by expert and law enforcement agencies across the 

16 country. 

17 ‘‘SEC. 3053. STUDY. 

18 ‘‘(a) IN GENERAL.—Not later than 2 years after the 

19 date of enactment of the ‘Police CAMERA Act of 2020’, 

20 the Director shall conduct a study on— 

21 ‘‘(1) the efficacy of body-worn cameras in deter22 ring excessive force by law enforcement officers; 

23 ‘‘(2) the impact of body-worn cameras on the 

24 accountability and transparency of the use of force 

25 by law enforcement officers; 


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1 ‘‘(3) the impact of body-worn cameras on re2 sponses to and adjudications of complaints of exces3 sive force; 

4 ‘‘(4) the effect of the use of body-worn cameras 

5 on the safety of law enforcement officers on patrol; 

6 ‘‘(5) the effect of the use of body-worn cameras 

7 on public safety; 

8 ‘‘(6) the impact of body-worn cameras on evi9 dence collection for criminal investigations; 

10 ‘‘(7) issues relating to the secure storage and 

11 handling of recorded data from the body-worn cam12 eras; 

13 ‘‘(8) issues relating to the privacy of citizens 

14 and officers recorded on body-worn cameras; 

15 ‘‘(9) issues relating to the constitutional rights 

16 of individuals on whom facial recognition technology 

17 is used; 

18 ‘‘(10) issues relating to limitations on the use 

19 of facial recognition technology; 

20 ‘‘(11) issues relating to the public’s access to 

21 body-worn camera footage; 

22 ‘‘(12) the need for proper training of law en23 forcement officers that use body-worn cameras; 


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1 ‘‘(13) best practices in the development of pro2 tocols for the safe and effective use of body-worn 

3 cameras; 

4 ‘‘(14) a review of law enforcement agencies that 

5 found body-worn cameras to be unhelpful in the op6 erations of the agencies; and 

7 ‘‘(15) any other factors that the Director deter8 mines are relevant in evaluating the efficacy of body9 worn cameras. 

10 ‘‘(b) REPORT.—Not later than 180 days after the 

11 date on which the study required under subsection (a) is 

12 completed, the Director shall submit to Congress a report 

13 on the study, which shall include any policy recommenda14 tions that the Director considers appropriate.’’. 

15 TITLE IV—JUSTICE FOR VICTIMS 

16 OF LYNCHING ACT 

17 SEC. 401. SHORT TITLE. 

18 This title may be cited as the ‘‘Emmett Till Anti19 Lynching Act’’. 

20 SEC. 402. FINDINGS. 

21 Congress finds the following: 

22 (1) The crime of lynching succeeded slavery as 

23 the ultimate expression of racism in the United 

24 States following Reconstruction. 


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1 (2) Lynching was a widely acknowledged prac2 tice in the United States until the middle of the 

3 20th century. 

4 (3) Lynching was a crime that occurred 

5 throughout the United States, with documented inci6 dents in all but 4 States. 

7 (4) At least 4,742 people, predominantly Afri8 can Americans, were reported lynched in the United 

9 States between 1882 and 1968. 

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

11 lynching escaped from punishment by State or local 

12 officials. 

13 (6) Lynching prompted African Americans to 

14 form the National Association for the Advancement 

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

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

17 to found the Anti-Defamation League. 

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

19 NAACP and later as the executive secretary of the 

20 NAACP from 1931 to 1955, meticulously inves21 tigated lynchings in the United States and worked 

22 tirelessly to end segregation and racialized terror. 

23 (8) Nearly 200 anti-lynching bills were intro24 duced in Congress during the first half of the 20th 

25 century. 


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1 (9) Between 1890 and 1952, 7 Presidents peti2 tioned Congress to end lynching. 

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

4 Representatives passed 3 strong anti-lynching meas5 ures. 

6 (11) Protection against lynching was the min7 imum and most basic of Federal responsibilities, and 

8 the Senate considered but failed to enact anti-lynch9 ing legislation despite repeated requests by civil 

10 rights groups, Presidents, and the House of Rep11 resentatives to do so. 

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

13 Lynching Photography in America’’ helped bring 

14 greater awareness and proper recognition of the vic15 tims of lynching. 

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

17 the United States effectively champion human rights 

18 abroad. 

19 (14) An apology offered in the spirit of true re20 pentance moves the United States toward reconcili21 ation and may become central to a new under22 standing, on which improved racial relations can be 

23 forged. 

24 (15) Having concluded that a reckoning with 

25 our own history is the only way the country can efVerDate Sep 11 2014 04:04 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\S3912.IS S3912

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1 fectively champion human rights abroad, 90 Mem2 bers of the United States Senate agreed to Senate 

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

4 to apologize to the victims of lynching and the de5 scendants of those victims for the failure of the Sen6 ate to enact anti-lynching legislation. 

7 (16) The National Memorial for Peace and Jus8 tice, which opened to the public in Montgomery, Ala9 bama, on April 26, 2018, is the Nation’s first memo10 rial dedicated to the legacy of enslaved Black people, 

11 people terrorized by lynching, African Americans hu12 miliated by racial segregation and Jim Crow, and 

13 people of color burdened with contemporary pre14 sumptions of guilt and police violence. 

15 (17) Notwithstanding the Senate’s apology and 

16 the heightened awareness and education about the 

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

18 and appropriate for the Congress to enact legisla19 tion, after 100 years of unsuccessful legislative ef20 forts, finally to make lynching a Federal crime. 

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

22 criminal action by a group increases the likelihood 

23 that the criminal object of that group will be suc24 cessfully attained and decreases the probability that 

25 the individuals involved will depart from their path 


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1 of criminality. Therefore, it is appropriate to specify 

2 criminal penalties for the crime of lynching, or any 

3 attempt or conspiracy to commit lynching. 

4 (19) The United States Senate agreed to unani5 mously Senate Resolution 118, 115th Congress, on 

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

7 other form of racism, religious or ethnic bias, dis8 crimination, incitement to violence, or animus tar9 geting a minority in the United States’’ and taking 

10 notice specifically of Federal Bureau of Investigation 

11 statistics demonstrating that ‘‘among single-bias 

12 hate crime incidents in the United States, 59.2 per13 cent of victims were targeted due to racial, ethnic, 

14 or ancestral bias, and among those victims, 52.2 

15 percent were victims of crimes motivated by the of16 fenders’ anti-Black or anti-African American bias’’. 

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

18 J. Trump signed into law Senate Joint Resolution 

19 49 (Public Law 115–58; 131 Stat. 1149), wherein 

20 Congress ‘‘condemn[ed] the racist violence and do21 mestic terrorist attack that took place between Au22 gust 11 and August 12, 2017, in Charlottesville, 

23 Virginia’’ and ‘‘urg[ed] the President and his admin24 istration to speak out against hate groups that 

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1 tism, and White supremacy; and use all resources 

2 available to the President and the President’s Cabi3 net to address the growing prevalence of those hate 

4 groups in the United States’’. 

5 (21) Senate Joint Resolution 49 (Public Law 

6 115–58; 131 Stat. 1149) specifically took notice of 

7 ‘‘hundreds of torch-bearing White nationalists, 

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

9 chanted racist, anti-Semitic, and anti-immigrant slo10 gans and violently engaged with counter-demonstra11 tors on and around the grounds of the University of 

12 Virginia in Charlottesville’’ and that these groups 

13 ‘‘reportedly are organizing similar events in other 

14 cities in the United States and communities every15 where are concerned about the growing and open 

16 display of hate and violence being perpetrated by 

17 those groups’’. 

18 (22) Lynching was a pernicious and pervasive 

19 tool that was used to interfere with multiple aspects 

20 of life—including the exercise of federally protected 

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

22 United States Code, housing rights, as enumerated 

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

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

25 enumerated in section 247 of title 18, United States 


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1 Code. Interference with these rights was often effec2 tuated by multiple offenders and groups, rather than 

3 isolated individuals. Therefore, prohibiting conspir4 acies to violate each of these rights recognizes the 

5 history of lynching in the United States and serves 

6 to prohibit its use in the future. 

7 SEC. 403. LYNCHING. 

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

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

10 ‘‘§ 250. Lynching 

11 ‘‘Whoever conspires with another person to violate 

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

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

14 punished in the same manner as a completed violation of 

15 such section, except that if the maximum term of impris16 onment for such completed violation is less than 10 years, 

17 the person may be imprisoned for not more than 10 

18 years.’’. 

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

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

21 is amended by inserting after the item relating to section 

22 249 the following: 

‘‘250. Lynching.’’. 


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1 TITLE V—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 501. SEVERABILITY. 

4 If any provision of this Act, or the application of such 

5 a provision to any person or circumstance, is held to be 

6 unconstitutional, the remainder of this Act and the appli7 cation of the remaining provisions of this Act to any per8 son or circumstance shall not be affected thereby. 

9 SEC. 502. SAVINGS CLAUSE. 

10 Nothing in this Act shall be construed— 

11 (1) to limit legal or administrative remedies 

12 under section 1979 of the Revised Statutes of the 

13 United States (42 U.S.C. 1983), section 210401 of 

14 the Violent Crime Control and Law Enforcement 

15 Act of 1994 (34 U.S.C. 12601), title I of the Omni16 bus Crime Control and Safe Streets Act of 1968 (34 

17 U.S.C. 10101 et seq.), or title VI of the Civil Rights 

18 Act of 1964 (42 U.S.C. 2000d et seq.); 

19 (2) to affect any Federal, State, or Tribal law 

20 that applies to an Indian Tribe because of the polit21 ical status of the Tribe; or 

22 (3) to waive the sovereign immunity of an In23 dian Tribe without the consent of the Tribe. 

Æ 


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