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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7137 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
                                H. R. 7137

To prohibit the receipt of funds under the Edward Byrne Memorial State 
   and Local Law Enforcement Assistance Program and associated grant 
programs by State and local government units that have failed to adopt 
 use-of-force policies and other policies that meet minimum standards; 
 require State and local government units that operate law enforcement 
  training programs funded by the Byrne program and associated grant 
 programs to train officers in de-escalation and mental health crisis 
  intervention and to publicly disseminate use-of-force policies; to 
    require the promulgation of protocols for the investigation and 
   reporting of instances of the use of deadly force by Federal law 
 enforcement officers; to provide for grants to community supervision 
     offices for training in de-escalation techniques and to other 
                   personnel, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 2020

 Mr. Richmond introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To prohibit the receipt of funds under the Edward Byrne Memorial State 
   and Local Law Enforcement Assistance Program and associated grant 
programs by State and local government units that have failed to adopt 
 use-of-force policies and other policies that meet minimum standards; 
 require State and local government units that operate law enforcement 
  training programs funded by the Byrne program and associated grant 
 programs to train officers in de-escalation and mental health crisis 
  intervention and to publicly disseminate use-of-force policies; to 
    require the promulgation of protocols for the investigation and 
   reporting of instances of the use of deadly force by Federal law 
 enforcement officers; to provide for grants to community supervision 
     offices for training in de-escalation techniques and to other 
                   personnel, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Police Reform Act of 2020''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Law enforcement officers in the United States have 
        always been appropriately empowered to use force, including 
        deadly force, when necessary to apprehend suspects, protect 
        public safety, and respond to imminent threats. The use of 
        force by law enforcement, however, must be exercised with due 
        regard to constitutional limits, proportionality, norms of 
        human dignity, and the importance of harmonious police-
        community relations.
            (2) In recent years, community unrest has been sparked by 
        incidents where law enforcement officers have used excessive or 
        disproportionate force, failed to deescalate encounters with 
        civilians, or failed to follow departmental policies and use-
        of-force matrices, especially in communities of color.
            (3) Grassroots organizations like the National Association 
        for the Advancement of Colored People, the American Civil 
        Liberties Union, the National Council of La Raza, the National 
        Urban League, National Congress of American Indians, and the 
        National Asian Pacific American Legal Consortium have monitored 
        allegations of police misconduct, while membership 
        organizations such as the National Sheriffs' Association, 
        Fraternal Order of Police, and National Association of School 
        Resource Officers have represented the interests of Federal, 
        State, local, and Indian tribal law enforcement groups and with 
        the civilian community on matters of common interest.
            (4) Where excessive or disproportionate force is employed 
        by law enforcement officers, hostility is created between local 
        communities and law enforcement, reducing the effectiveness of 
        efforts to reduce crime and promote public safety.
            (5) Police training in the United States is largely focused 
        upon operational, investigatory, and tactical concerns, with 
        less time and focus on issues relating to proportionality in 
        the use of force, de-escalation, and constitutional norms and 
        limits.
            (6) Models for proportionate exercise of the use of force 
        exist. For example, the Police Executive Research Forum, a 
        national organization of police officials, has developed 
        guidelines advocating for a ``guardian'' model for policing. 
        These principles stress respect for human life, more 
        restrictive standards for the use of force, proportionality and 
        de-escalation techniques, and transparent and independent post-
        action investigations.
            (7) The issues surrounding law enforcement use of force are 
        especially difficult when it comes to police interactions with 
        persons undergoing mental health crises, which occurs in as 
        much as 20 percent of all police-civilian encounters. Law 
        enforcement training too often fails to prepare officers to 
        deal effectively and compassionately with people with mental 
        health disorders or partner with mental health crisis 
        interventionists or specialists.
            (8) Programs promoting alternative responses to mental 
        health calls, including Crisis Intervention Training (CIT) 
        programs, have had a substantial positive impact on police 
        interactions with those undergoing a mental health crisis or 
        persons with physical, developmental, or intellectual 
        disabilities. In a CIT program, selected officers are trained 
        to identify persons undergoing a crisis, employ de-escalation 
        techniques, and serve as liaison between police and mental 
        health agencies, or partner with mental health responders 
        outside the law enforcement agency. Studies have shown that CIT 
        training is associated with reductions in arrests, increased 
        diversions to mental health services, and positive changes in 
        police attitudes and responses toward persons undergoing a 
        mental health crisis.
            (9) Since 2017, the Federal Bureau of Investigation has 
        administered the National Use-of-Force Data Collection, which 
        seeks to compile data on police-civilian encounters that cause 
        death or serious bodily injury, or where an officer discharges 
        a weapon. Law enforcement officials have partnered with the FBI 
        in creating this data collection method, including the 
        Association of State Criminal Investigative Agencies, 
        Association of State Uniform Crime Reporting Programs, 
        International Association of Chiefs of Police, Major Cities 
        Chiefs Association, Major County Sheriffs of America, National 
        Organization of Black Law Enforcement Executives, National 
        Sheriffs' Association, and the Police Executive Research Forum.

SEC. 3. MINIMUM STANDARDS FOR USE-OF-FORCE POLICIES; USE-OF-FORCE 
              REVIEW BOARDS; DECERTIFICATION OF OFFICERS.

    (a) Notwithstanding any other provision of law, no State or unit of 
local government shall be eligible to receive funding under part E of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3750 et seq.) unless that State or unit of local government has 
adopted a use-of-force training policy that, in substantial effect and 
at a minimum, trains officers to adhere to the following standards and 
permits--
            (1) use of objectively reasonable and proportionate force 
        only to effect arrest, to prevent escape, or to overcome 
        resistance;
            (2) use of deadly force only when the officer has an 
        objectively reasonable belief, based on the totality of the 
        circumstances that such force is necessary to--
                    (A) defend against an imminent threat of death or 
                serious bodily injury to the officer or to another 
                person who is not the subject of the use of deadly 
                force;
                    (B) apprehend a fleeing person for any suspected 
                felony that threatened or resulted in death or serious 
                bodily injury, if the officer reasonably believes that 
                the person will cause imminent death or serious bodily 
                injury to another person who is not the subject of the 
                use of deadly force, unless immediately apprehended;
                    (C) where feasible, the officer shall, prior to the 
                use of deadly force, make reasonable efforts to 
                identify themselves as a law enforcement officer and to 
                warn that deadly force may be used, unless the officer 
                has objectively reasonable grounds to believe the 
                person is aware of those facts; and
                    (D) law enforcement officers observing an encounter 
                where they have reason to believe, based on the 
                totality of the circumstances, that a violation of the 
                use of the agency's use of deadly force policy is 
                occurring have a duty to intervene in order to prevent 
                the use of deadly force in violation of the agency's 
                policy; and
            (3) for purposes of this subsection, in order for a State 
        or unit of local government to be eligible to receive funding 
        under this statute, its use-of-force training policies must, at 
        a minimum, define--
                    (A) ``deadly force'' as any use of force that 
                creates a substantial risk of causing death or serious 
                bodily injury, including, but not limited to--
                            (i) the discharge of a firearm;
                            (ii) the use of carotid holds or blows; and
                            (iii) upper vertebrae strikes and holds;
                    (B) the threat of death or serious bodily injury as 
                ``imminent'' when, based on the totality of the 
                circumstances, an objectively reasonable officer in the 
                same situation would believe that a person has the 
                present ability, opportunity, and intent to presently 
                cause death or serious bodily injury to the officer or 
                another person who is not the subject of the use of 
                deadly force;
                    (C) the use of deadly force as ``necessary'' only 
                when a law enforcement officer has an objectively 
                reasonable belief, based on the totality of the 
                circumstances, that death or serious bodily injury will 
                occur to the officer or to another person, who is not 
                the subject of the use of deadly force, but for the use 
                of deadly force. In determining whether deadly force is 
                necessary, a reasonable officer shall evaluate whether, 
                under the totality of the circumstances, other means or 
                techniques are available to prevent death or serious 
                bodily injury and are feasible under the totality of 
                the circumstances; and
                    (D) the ``totality of the circumstances'' to mean 
                all facts known to the officer at the time, including 
                the conduct of the officer and the subject leading up 
                to the use of deadly force.
    (b) Use-of-Force Review Boards.--Notwithstanding any other 
provision of law, no State or unit of local government shall be 
eligible to receive funding under part E of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) 
unless that State or unit of local government has instituted a board 
(in this Act referred to as a ``Review Board'') to review incidents of 
the use of deadly force and allegations of the use of excessive force 
by law enforcement officers.
            (1) To meet the requirements of this Act, a Review Board 
        must--
                    (A) consist of no more than 5 persons, and a 
                majority of the membership of this Review Board must 
                not be current or former members of a Federal, State, 
                or local law enforcement agency;
                    (B) have the power, consistent with governing law, 
                to subpoena documents or compel testimony; and
                    (C) consistent with governing law regarding the 
                privacy of individuals, issue a written, publicly 
                available summary or disposition of its proceedings.
            (2) At the discretion of the Attorney General, a State or 
        unit of local government may be exempted from the requirements 
        of this subsection of this Act for a period of up to 12 months 
        from the enactment of this Act, which exemption may be renewed 
        for an additional 12 months.
    (c) Decertification of Officers.--Notwithstanding any other 
provision of law, no State or unit of local government shall be 
eligible to receive funding under part E of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) 
unless that State or unit of local government has in place an adequate 
process or procedure to revoke the law enforcement officer or peace 
officer certification (as determined under State law) of any officer 
adjudged guilty or responsible, in any criminal, civil, or 
administrative proceeding, of causing death or serious bodily injury to 
any person in violation of governing law or law enforcement agency use-
of-force standards.
            (1) No later than 180 days after the enactment of this Act, 
        the Attorney General shall issue guidance regarding the 
        requirements for the adequacy of a process or procedure to 
        revoke law enforcement officer or peace officer certification 
        under this provision, taking into account the due process 
        rights of law enforcement officers and the substantive 
        Constitutional rights of civilians.
            (2) At the discretion of the Attorney General, a State or 
        unit of local government may be exempted from the requirements 
        of this subsection of this Act for a period of up to 12 months 
        from the enactment of this Act, which exemption may be renewed 
        for an additional 12 months.

SEC. 4. DE-ESCALATION AND USE-OF-FORCE TRAINING.

    (a) Training Requirement.--For each fiscal year after the 
expiration of the period specified in subsection (e) in which a State 
or unit of local government receives a grant under part E of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 
et seq.), the State or unit of local government shall require that, for 
an appropriate amount of time so as to ensure effective training, all 
individuals enrolled in a training academy of a law enforcement agency 
of the State or unit of local government and all law enforcement 
officers of the State or unit of local government fulfill a training 
session of no less than 16 hours on de-escalation techniques each 
fiscal year (or, in the case of an academy of a law enforcement agency, 
a unit of no less than 24 hours) that at a minimum includes--
            (1) the use of alternative non-lethal methods of applying 
        force and techniques that assist the officer in preventing 
        escalation of any situation where force is likely to be used;
            (2) verbal and physical tactics to minimize the need for 
        the use of force, with an emphasis on communication, 
        negotiation, de-escalation techniques, and slowing the pace of 
        a police-civilian encounter;
            (3) the use of the lowest level of force that is a 
        practical and safe response to an identified threat, with 
        regular re-evaluation of the threat level throughout a police-
        civilian encounter;
            (4) principles of using distance, cover, and time when 
        approaching and managing critical incidents, in order to create 
        a reaction gap;
            (5) strategies for managing interactions with persons 
        undergoing mental health crises, including at least one of--
                    (A) crisis intervention strategies drawn from 
                established, evidence-based CIT programs to 
                appropriately identify and respond to individuals 
                suffering from mental health or substance abuse issues, 
                with an emphasis on de-escalation tactics and promoting 
                effective communication;
                    (B) strategies emphasizing the use of collaborative 
                teams of mental health professionals and law 
                enforcement officers co-responding to mental health 
                calls;
                    (C) mobile crisis team strategies emphasizing the 
                use of teams of trained mental health professionals 
                responding directly to mental health calls; or
                    (D) crisis stabilization center strategies 
                emphasizing the use and operation of specialized 
                facilities that can receive people experiencing mental 
                health crises and that law enforcement, collaborative 
                and co-responder teams, mobile crisis teams and others 
                can transport people to when responding to mental 
                health calls; and
            (6) other evidence-based approaches, as found by the 
        Attorney General, that enhance de-escalation skills and 
        tactics.
    (b) Scenario-Based Training.--Training described in subsection (a) 
shall be conducted with an emphasis on training that employs theories 
of de-escalation techniques and applies them to practical on-the-job 
scenarios that law enforcement officers regularly encounter.
    (c) Cross-Training.--To the extent practicable, principles of 
training as described in subsection (a) shall be applied to other 
training conducted at an academy or by the State or unit of local 
government, including but not limited to training on Constitutional 
requirements.
    (d) Any State or unit of local government receiving funds pursuant 
to this Act shall designate at least one officer to serve as ``resource 
officer'' for purposes of the training described in subsection (a), who 
shall assist in developing and carrying out the training unit described 
in that subsection. To the extent practicable, this officer shall be 
trained at the Federal Bureau of Investigation Academy or substantially 
similar law enforcement training program at least once every two years. 
The FBI Academy is directed to develop programs, consistent with the 
principles described in subsection (a), to train resource officers to 
carry out their unit development and training duties within 180 days of 
the enactment of this Act. States or units of local government 
receiving funds pursuant to this Act shall allocate funds from grants 
received under this Act to the extent practicable to facilitate FBI 
training of resource officers.
    (e) Compliance and Ineligibility.--
            (1) Compliance date.--Beginning not later than 1 year after 
        the date of this Act, each State or unit of local government 
        receiving a grant shall comply with subsection (a), except that 
        at its discretion the Attorney General may grant an additional 
        12 months to a State or unit of local government to become 
        compliant.
            (2) Ineligibility for funds.--For any fiscal year after the 
        expiration of the period specified in paragraph (1), a State or 
        unit of local government that fails to comply with subsection 
        (a), shall be subject to a reduction of not less than 25 
        percent and not more than 40 percent of the funds (the precise 
        reduction to be determined at the discretion of the Attorney 
        General) that would otherwise be allocated for that fiscal year 
        to the State or unit of local government under subpart 1 of 
        part E of title I of the Omnibus Crime Control and Safe Streets 
        Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as 
        the Edward Byrne Memorial State and Local Law Enforcement 
        Assistance Programs, the Local Government Law Enforcement Block 
        Grants Program, the Edward Byrne Memorial Justice Assistance 
        Grant Program, or otherwise; except that, in the case of a 
        State or unit of local government that fails to comply with 
        subsection (a) in two consecutive fiscal years, the reduction 
        shall not be less than 50 percent of such funds.
    (f) Grant Scoring.--Office of Justice Programs shall give a 
priority in all grant programs to any State or unit of local government 
deemed fully compliant with the provisions of this Act.
    (g) Reallocation.--Amounts not allocated under a program referred 
to in subsection (e)(2) to a State or unit of local government for 
failure to fully comply with subsection (a) shall be reallocated under 
that program to States and units of local government that have not 
failed to comply with this section.
    (h) Evidence-Based Practices.--For purposes of subsection (a), the 
Attorney General shall maintain a list of evidence-based practices it 
determines is successful in enhancing de-escalation skills of law 
enforcement officers, as compiled by the Police Executive Research 
Forum (or other organization or organizations as designated by the 
Attorney General). The Attorney General shall regularly update this 
list as needed and shall publish the list to the public on a yearly 
basis in the Federal Register.
    (i) Data Collection and Reporting.--For each fiscal year after the 
expiration of the period specified in subsection (e) in which a State 
or unit of local government receives a grant under part E of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 
et seq.), the State or unit of local government receiving funds under 
this Act shall report data on use-of-force incidents pursuant to the 
National Use-of-Force Data Collection administered by the Federal 
Bureau of Investigation. State and units of local government that 
already collect such data in a format and manner comparable to the 
National Use-of-Force Data Collection shall be eligible to report that 
data pursuant to their existing system of data collection, at the 
discretion of the Attorney General. The Attorney General shall, within 
five years of enactment of this Act, undertake a comprehensive analysis 
of the effect of this Act on instances and rates of use of force among 
States and units of local government receiving funding under this Act, 
which analysis shall be released to the public.
    (j) Use-of-Force Policies; Development and Public Availability.--
For each fiscal year after the expiration of the period specified in 
subsection (e) in which a State or unit of local government receives a 
grant under part E of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3750 et seq.), the State or unit of 
local government receiving funds under this Act shall--
            (1) develop and adopt a use-of-force policy that is 
        consistent with the principles and techniques identified in 
        subsection (a) and that identifies the appropriate uses of, at 
        the least--
                    (A) blunt impact force by baton or projectile;
                    (B) chemical sprays or projectiles;
                    (C) conducted energy devices or ``tasers'';
                    (D) unleashed canines;
                    (E) vehicle strikes;
                    (F) chokeholds; and
                    (G) potentially lethal force;
            (2) submit that policy to the Attorney General for a 
        determination that this policy is consistent with the 
        principles and techniques identified in sections 3 and 4 of 
        this Act and otherwise meets the requirements of this Act; and
            (3) upon the determination of the Attorney General that the 
        use-of-force policy is compliant, the State or unit local 
        government shall post that use-of-force policy on its public 
        website, or if it does not maintain a public website, otherwise 
        make the policy reasonably available to members of the public.

SEC. 5. INVESTIGATIONS OF USE OF DEADLY FORCE BY LAW ENFORCEMENT.

    (a) Not later than 180 days after the enactment of this Act, the 
Attorney General shall develop a formal mechanism by which States and 
units of local government receiving funds pursuant to this Act can 
request that the Attorney General direct the Federal Bureau of 
Investigation (or other appropriate Federal law enforcement agency) to 
assist with the investigation of an incident of use of force, which 
request shall not be unreasonably denied, and shall issue guidance for 
the manner of conducting such investigations, including the release of 
officer-worn body camera footage and the manner of reporting the 
findings of such investigations to State and local units of government 
or prosecutorial bodies, as appropriate.
    (b) Notwithstanding any other provision of law, no State or unit of 
local government shall be eligible to receive funding under part E of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3750 et seq.) unless that State or unit of local government has 
amended any law, policy, or agreement that shields information related 
to officer use of force or disciplinary records from public view.
    (c) Nothing in this Act shall be construed as limiting, modifying, 
or otherwise amending the Attorney General's power to investigate and/
or bring an enforcement action against State and local units of 
government or law enforcement agencies under any other provision of 
law.

SEC. 6. JUSTICE ASSISTANCE GRANTS FOR COMMUNITY SUPERVISION PROGRAMS; 
              SUPPORT FOR PERSONNEL.

    (a) Title 34 of United States Code section 10152(a)(1) is amended 
to add the following provision: ``(I) Community supervision programs, 
for support of evidence-based supervision techniques.''
    (b) For Justice Assistance Grants made pursuant to the above 
provision, priority shall be given to programs to provide training to 
community supervision officers consistent with the de-escalation 
techniques and principles described in section 4 of this Act.
    (c) In each State making subgrants pursuant to the Justice 
Assistance Grants program, whether characterized as the Edward Byrne 
Memorial State and Local Law Enforcement Assistance Programs, the Local 
Government Law Enforcement Block Grants Program, the Edward Byrne 
Memorial Justice Assistance Grant Program, or otherwise, to support the 
salaries of personnel in part or in whole, not less than 10 percent of 
the total amount of salary support shall be expended in support of 
behavioral or mental health specialists, assessment and evaluation 
specialists, reentry services specialists, public defenders, or any 
other mental or behavioral health department personnel required to 
execute programs described in subsection 4(a)(5) of this Act.

SEC. 7. DEVELOPMENT OF NATIONAL LAW ENFORCEMENT ACADEMY.

    Not later than 365 days after the date of enactment of this Act, 
the Director of the FBI shall present a plan to develop the National 
Law Enforcement Academy. The National Law Enforcement Academy is 
intended to be a ninety-day residential college for best practices 
training for local law enforcement officers.

SEC. 8. ATTORNEY GENERAL GUIDANCE.

    Not later than 180 days after the date of enactment of this Act, 
the Attorney General shall issue guidance for the benefit of States and 
units of local government on compliance with the requirements of this 
Act.
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