IB 

Union Calendar No. 348 

116TH CONGRESS 

2D SESSION H. R. 7120 

[Report No. 116–434, Part I] 

To hold law enforcement accountable for misconduct in court, improve 

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

IN THE HOUSE OF REPRESENTATIVES 

JUNE 8, 2020 

Ms. BASS (for herself, Mr. NADLER, Ms. PELOSI, Mr. HOYER, Mr. CLYBURN, 

Mr. JEFFRIES, Ms. CLARK of Massachusetts, Ms. LEE of California, Mr. 

LEWIS, Ms. ADAMS, Ms. BARRAGA ́N, Mrs. BEATTY, Mr. BERA, Mr. 

BISHOP of Georgia, Mr. BLUMENAUER, Ms. BONAMICI, Mr. BROWN of 

Maryland, Ms. BROWNLEY of California, Mr. BUTTERFIELD, Mr. CARSON

of Indiana, Mr. CARTWRIGHT, Ms. CASTOR of Florida, Mr. CASTRO of 

Texas, Ms. JUDY CHU of California, Mr. CICILLINE, Ms. CLARKE of New 

York, Mr. CLAY, Mr. COHEN, Mr. CONNOLLY, Mr. CORREA, Mr. CROW, 

Mr. DANNY K. DAVIS of Illinois, Mrs. DAVIS of California, Ms. DEAN, 

Mr. DEFAZIO, Ms. DEGETTE, Ms. DELAURO, Ms. DELBENE, Mr. 

DEUTCH, Mrs. DINGELL, Mr. DOGGETT, Mr. MICHAEL F. DOYLE of 

Pennsylvania, Mr. ENGEL, Ms. ESCOBAR, Ms. ESHOO, Mr. ESPAILLAT, 

Mr. EVANS, Ms. FRANKEL, Ms. FUDGE, Ms. GARCIA of Texas, Mr. 

GARCI ́A of Illinois, Mr. GREEN of Texas, Ms. HAALAND, Mr. HASTINGS, 

Mrs. HAYES, Mr. HIGGINS of New York, Mr. HORSFORD, Mr. HUFFMAN, 

Ms. JACKSON LEE, Ms. JAYAPAL, Ms. JOHNSON of Texas, Mr. JOHNSON

of Georgia, Ms. KAPTUR, Ms. KELLY of Illinois, Mr. KENNEDY, Mr. KILDEE, Ms. KUSTER of New Hampshire, Mrs. LAWRENCE, Mr. LAWSON of 

Florida, Mr. TED LIEU of California, Ms. LOFGREN, Mr. LOWENTHAL, 

Mr. LYNCH, Mrs. CAROLYN B. MALONEY of New York, Mrs. MCBATH, 

Ms. MCCOLLUM, Mr. MCEACHIN, Mr. MCGOVERN, Mr. MCNERNEY, Mr. 

MEEKS, Ms. MENG, Mr. MFUME, Ms. MUCARSEL-POWELL, Mrs. NAPOLITANO, Mr. NEAL, Mr. NEGUSE, Ms. NORTON, Mr. PALLONE, Mr. PAYNE, 

Ms. PINGREE, Ms. PLASKETT, Mr. POCAN, Mr. PRICE of North Carolina, 

Mr. RASKIN, Mr. RICHMOND, Ms. BLUNT ROCHESTER, Mr. RYAN, Mr. 

SARBANES, Ms. SCANLON, Mr. SCHIFF, Mr. SCOTT of Virginia, Mr. 

DAVID SCOTT of Georgia, Ms. SEWELL of Alabama, Ms. SHALALA, Mr. 

SHERMAN, Mr. SIRES, Ms. SPEIER, Mr. STANTON, Mr. SUOZZI, Mr. 


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SWALWELL of California, Mr. TAKANO, Mr. THOMPSON of California, 

Mrs. TORRES of California, Mrs. TRAHAN, Mr. TRONE, Mr. VEASEY, Ms. 

VELA ́ZQUEZ, Ms. WASSERMAN SCHULTZ, Ms. WATERS, Mrs. WATSON

COLEMAN, Mr. WELCH, Mr. YARMUTH, Ms. SA ́NCHEZ, Ms. UNDERWOOD, 

Ms. ROYBAL-ALLARD, Mr. DESAULNIER, Mr. VELA, Ms. TITUS, Mr. 

HECK, Mr. GONZALEZ of Texas, Mr. NORCROSS, Mr. CARBAJAL, Mr. 

GOMEZ, Mr. TONKO, Mr. MOULTON, Mrs. LOWEY, Mr. ALLRED, Mr. 

KILMER, Ms. PRESSLEY, Mr. LANGEVIN, Mr. SERRANO, Mr. CLEAVER, 

Mr. KHANNA, Mrs. BUSTOS, Mr. PANETTA, Mr. PERLMUTTER, Ms. 

SCHAKOWSKY, Mr. CA ́RDENAS, Mr. BEYER, Mr. PETERS, Mr. BRENDAN

F. BOYLE of Pennsylvania, Ms. OMAR, Mr. GALLEGO, Mr. RUSH, Ms. 

MOORE, Ms. WILSON of Florida, Mrs. DEMINGS, Mr. DELGADO, Mr. 

COURTNEY, Ms. SHERRILL, Mr. AGUILAR, Mr. KRISHNAMOORTHI, Mr. 

KEATING, Mr. SEAN PATRICK MALONEY of New York, Ms. TLAIB, and 

Mr. THOMPSON of Mississippi) introduced the following bill; which was 

referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, and Energy and Commerce, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

JUNE 19, 2020 

Additional sponsors: Mrs. AXNE, Mr. CASE, Mr. CASTEN of Illinois, Mr. COOPER, Ms. CRAIG, Mr. CRIST, Ms. FINKENAUER, Mrs. FLETCHER, Mr. 

FOSTER, Mr. GARAMENDI, Mr. GOTTHEIMER, Mr. GRIJALVA, Mr. HIMES, 

Ms. KENDRA S. HORN of Oklahoma, Mr. KIM, Mr. KIND, Mrs. KIRKPATRICK, Mr. LARSEN of Washington, Mr. LARSON of Connecticut, Mr. 

LEVIN of Michigan, Mr. LOEBSACK, Mr. LUJA ́N, Mrs. LURIA, Mr. 

MALINOWSKI, Ms. MATSUI, Mr. MORELLE, Mrs. MURPHY of Florida, Mr. 

O’HALLERAN, Mr. PASCRELL, Mr. QUIGLEY, Miss RICE of New York, 

Mr. RUPPERSBERGER, Mr. SCHNEIDER, Mr. SMITH of Washington, Mr. 

SOTO, Mr. VARGAS, Mr. VISCLOSKY, Ms. WEXTON, Ms. DAVIDS of Kansas, Ms. WILD, Ms. HOULAHAN, Mr. PHILLIPS, Ms. OCASIO-CORTEZ, Ms. 

SPANBERGER, Ms. SCHRIER, Mr. HARDER of California, Mr. RUIZ, Mr. 

CUELLAR, Mr. COSTA, Mr. COX of California, Ms. GABBARD, Mr. LEVIN

of California, Ms. PORTER, Ms. STEVENS, Ms. SLOTKIN, Mr. LAMB, Mr. 

PAPPAS, Mr. SABLAN, Mr. ROUDA, Ms. TORRES SMALL of New Mexico, 

Mr. CISNEROS, Mr. ROSE of New York, Mrs. LEE of Nevada, Mr. 

CUNNINGHAM, and Mr. SCHRADER


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JUNE 19, 2020 

Reported from the Committee on the Judiciary with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

JUNE 19, 2020 

Committees on Armed Services and Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on June 8, 2020] 


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A BILL 

To hold law enforcement accountable for misconduct in court, 

improve transparency through data collection, and reform 

police training and policies. 


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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 ‘‘George Floyd Justice in Policing Act of 2020’’. 

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

7 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. 


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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

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. Public safety innovation grants. 

Subtitle C—Law Enforcement Body Cameras 

PART 1—FEDERAL POLICE CAMERA AND ACCOUNTABILITY ACT

Sec. 371. Short title. 

Sec. 372. Requirements for Federal law enforcement 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. 


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PART 2—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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) BYRNE GRANT PROGRAM.—The term ‘‘Byrne 

4 grant program’’ means any grant program under 

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

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

7 10151 et seq.), without regard to whether the funds 

8 are characterized as being made available under the 

9 Edward Byrne Memorial State and Local Law En10 forcement Assistance Programs, the Local Government 

11 Law Enforcement Block Grants Program, the Edward 

12 Byrne Memorial Justice Assistance Grant Program, 

13 or otherwise. 

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

15 grant program’’ means the grant program authorized 

16 under section 1701 of title I of the Omnibus Crime 

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

18 10381). 


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1 (3) FEDERAL LAW ENFORCEMENT AGENCY.—The 

2 term ‘‘Federal law enforcement agency’’ means any 

3 agency of the United States authorized to engage in 

4 or supervise the prevention, detection, investigation, 

5 or prosecution of any violation of Federal criminal 

6 law. 

7 (4) FEDERAL LAW ENFORCEMENT OFFICER.— 

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

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

10 United States Code. 

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

12 has the meaning given the term ‘‘Indian tribe’’ in sec13 tion 901 of title I of the Omnibus Crime Control and 

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

15 (6) LOCAL LAW ENFORCEMENT OFFICER.—The 

16 term ‘‘local law enforcement officer’’ means any offi17 cer, agent, or employee of a State or unit of local gov18 ernment authorized by law or by a government agen19 cy to engage in or supervise the prevention, detection, 

20 or investigation of any violation of criminal law. 

21 (7) STATE.—The term ‘‘State’’ has the meaning 

22 given the term in section 901 of title I of the Omnibus 

23 Crime Control and Safe Streets Act of 1968 (34 

24 U.S.C. 10251). 


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1 (8) TRIBAL LAW ENFORCEMENT OFFICER.—The 

2 term ‘‘tribal law enforcement officer’’ means any offi3 cer, agent, or employee of an Indian tribe, or the Bu4 reau of Indian Affairs, authorized by law or by a gov5 ernment agency to engage in or supervise the preven6 tion, detection, or investigation of any violation of 

7 criminal law. 

8 (9) UNIT OF LOCAL GOVERNMENT.—The term 

9 ‘‘unit of local government’’ has the meaning given the 

10 term in section 901 of title I of the Omnibus Crime 

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

12 10251). 

13 (10) DEADLY FORCE.—The term ‘‘deadly force’’ 

14 means that force which a reasonable person would 

15 consider likely to cause death or serious bodily harm, 

16 including— 

17 (A) the discharge of a firearm; 

18 (B) a maneuver that restricts blood or oxy19 gen flow to the brain, including chokeholds, 

20 strangleholds, neck restraints, neckholds, and ca21 rotid artery restraints; and 

22 (C) multiple discharges of an electronic con23 trol weapon. 

24 (11) USE OF FORCE.—The term ‘‘use of force’’ 

25 includes— 


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1 (A) the use of a firearm, Taser, explosive 

2 device, chemical agent (such as pepper spray), 

3 baton, impact projectile, blunt instrument, hand, 

4 fist, foot, canine, or vehicle against an indi5 vidual; 

6 (B) the use of a weapon, including a per7 sonal body weapon, chemical agent, impact 

8 weapon, extended range impact weapon, sonic 

9 weapon, sensory weapon, conducted energy de10 vice, or firearm, against an individual; or 

11 (C) any intentional pointing of a firearm 

12 at an individual. 

13 (12) LESS LETHAL FORCE.—The term ‘‘less le14 thal force’’ means any degree of force that is not likely 

15 to cause death or serious bodily injury. 

16 (13) FACIAL RECOGNITION.—The term ‘‘facial 

17 recognition’’ means an automated or semiautomated 

18 process that analyzes biometric data of an individual 

19 from video footage to identify or assist in identifying 

20 an individual. 


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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 amend7 ed— 

8 (1) by striking ‘‘willfully’’ and inserting ‘‘know9 ingly or recklessly’’; 

10 (2) by striking ‘‘, or may be sentenced to death’’; 

11 and 

12 (3) by adding at the end the following: ‘‘For pur13 poses of this section, an act shall be considered to 

14 have resulted in death if the act was a substantial 

15 factor contributing to the death of the person.’’. 

16 SEC. 102. QUALIFIED IMMUNITY REFORM. 

17 Section 1979 of the Revised Statutes of the United 

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

19 the following: ‘‘It shall not be a defense or immunity in 

20 any action brought under this section against a local law 

21 enforcement officer (as such term is defined in section 2 of 

22 the George Floyd Justice in Policing Act of 2020), or in 

23 any action under any source of law against a Federal inves24 tigative or law enforcement officer (as such term is defined 

25 in section 2680(h) of title 28, United States Code), that— 


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

2 that the defendant believed, reasonably or otherwise, 

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

4 the conduct was committed; or 

5 ‘‘(2) the rights, privileges, or immunities secured 

6 by the Constitution and laws were not clearly estab7 lished at the time of their deprivation by the defend8 ant, or that at such time, the state of the law was oth9 erwise such that the defendant could not reasonably 

10 have been expected to know whether his or her conduct 

11 was lawful.’’. 

12 SEC. 103. PATTERN AND PRACTICE INVESTIGATIONS. 

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

14 Violent Crime Control and Law Enforcement Act of 1994 

15 (34 U.S.C. 12601) is amended— 

16 (1) in subsection (a), by inserting ‘‘, by prosecu17 tors,’’ after ‘‘conduct by law enforcement officers’’; 

18 (2) in subsection (b), by striking ‘‘paragraph 

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

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

21 ‘‘(c) SUBPOENA AUTHORITY.—In carrying out the au22 thority in subsection (b), the Attorney General may require 

23 by subpoena the production of all information, documents, 

24 reports, answers, records, accounts, papers, and other data 

25 in any medium (including electronically stored informaVerDate Sep 11 2014 16:08 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H7120.RH H7120

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1 tion), as well as any tangible thing and documentary evi2 dence, and the attendance and testimony of witnesses nec3 essary in the performance of the Attorney General under 

4 subsection (b). Such a subpoena, in the case of contumacy 

5 or refusal to obey, shall be enforceable by order of any ap6 propriate district court of the United States. 

7 ‘‘(d) CIVIL ACTION BY STATE ATTORNEYS GENERAL.— 

8 Whenever it shall appear to the attorney general of any 

9 State, or such other official as a State may designate, that 

10 a violation of subsection (a) has occurred within their State, 

11 the State attorney general or official, in the name of the 

12 State, may bring a civil action in the appropriate district 

13 court of the United States to obtain appropriate equitable 

14 and declaratory relief to eliminate the pattern or practice. 

15 In carrying out the authority in this subsection, the State 

16 attorney general or official shall have the same subpoena 

17 authority as is available to the Attorney General under sub18 section (c). 

19 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec20 tion may be construed to limit the authority of the Attorney 

21 General under subsection (b) in any case in which a State 

22 attorney general has brought a civil action under subsection 

23 (d). 

24 ‘‘(f) REPORTING REQUIREMENTS.—On the date that is 

25 one year after the enactment of the George Floyd Justice 


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1 in Policing Act of 2020, and annually thereafter, the Civil 

2 Rights Division of the Department of Justice shall make 

3 publicly available on an internet website a report on, dur4 ing the previous year— 

5 ‘‘(1) the number of preliminary investigations of 

6 violations of subsection (a) that were commenced; 

7 ‘‘(2) the number of preliminary investigations of 

8 violations of subsection (a) that were resolved; and 

9 ‘‘(3) the status of any pending investigations of 

10 violations of subsection (a).’’. 

11 (b) GRANT PROGRAM.— 

12 (1) GRANTS AUTHORIZED.—The Attorney Gen13 eral may award a grant to a State to assist the State 

14 in conducting pattern and practice investigations 

15 under section 210401(d) of the Violent Crime Control 

16 and Law Enforcement Act of 1994 (34 U.S.C. 12601). 

17 (2) 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 (3) FUNDING.—There are authorized to be ap22 propriated $100,000,000 to the Attorney General for 

23 each of fiscal years 2021 through 2023 to carry out 

24 this subsection. 


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1 (c) DATA ON EXCESSIVE USE OF FORCE.—Section 

2 210402 of the Violent Crime Control and Law Enforcement 

3 Act of 1994 (34 U.S.C. 12602) is amended— 

4 (1) in subsection (a)— 

5 (A) by striking ‘‘The Attorney General’’ and 

6 inserting the following: 

7 ‘‘(1) FEDERAL COLLECTION OF DATA.—The At8 torney General’’; and 

9 (B) by adding at the end the following: 

10 ‘‘(2) STATE COLLECTION OF DATA.—The attor11 ney general of a State may, through appropriate 

12 means, acquire data about the use of excessive force 

13 by law enforcement officers and such data may be 

14 used by the attorney general in conducting investiga15 tions under section 210401. This data may not con16 tain any information that may reveal the identity of 

17 the victim or any law enforcement officer.’’; and 

18 (2) by amending subsection (b) to read as fol19 lows: 

20 ‘‘(b) LIMITATION ON USE OF DATA ACQUIRED BY THE

21 ATTORNEY GENERAL.—Data acquired under subsection 

22 (a)(1) shall be used only for research or statistical purposes 

23 and may not contain any information that may reveal the 

24 identity of the victim or any law enforcement officer.’’. 


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1 SEC. 104. INDEPENDENT INVESTIGATIONS. 

2 (a) IN GENERAL.— 

3 (1) DEFINITIONS.—In this subsection: 

4 (A) INDEPENDENT INVESTIGATION.—The 

5 term ‘‘independent investigation’’ means a 

6 criminal investigation or prosecution of a law 

7 enforcement officer’s use of deadly force, includ8 ing one or more of the following: 

9 (i) Using an agency or civilian review 

10 board that investigates and independently 

11 reviews all allegations of use of deadly force 

12 made against law enforcement officers in 

13 the jurisdiction. 

14 (ii) Assigning of the attorney general 

15 of the State in which the alleged use of 

16 deadly force was committed to conduct the 

17 criminal investigation and prosecution. 

18 (iii) Adopting a procedure under 

19 which an independent prosecutor is as20 signed to investigate and prosecute the case, 

21 including a procedure under which an auto22 matic referral is made to an independent 

23 prosecutor appointed and overseen by the 

24 attorney general of the State in which the 

25 alleged use of deadly force was committed. 


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1 (iv) Adopting a procedure under which 

2 an independent prosecutor is assigned to in3 vestigate and prosecute the case. 

4 (v) Having law enforcement agencies 

5 agree to and implement memoranda of un6 derstanding with other law enforcement 

7 agencies under which the other law enforce8 ment agencies— 

9 (I) shall conduct the criminal in10 vestigation into the alleged use of dead11 ly force; and 

12 (II) upon conclusion of the crimi13 nal investigation, shall file a report 

14 with the attorney general of the State 

15 containing a determination regarding 

16 whether— 

17 (aa) the use of deadly force 

18 was appropriate; and 

19 (bb) any action should be 

20 taken by the attorney general of 

21 the State. 

22 (vi) Any substantially similar proce23 dure to ensure impartiality in the inves24 tigation or prosecution. 


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1 (B) INDEPENDENT INVESTIGATION OF LAW

2 ENFORCEMENT STATUTE.—The term ‘‘inde3 pendent investigation of law enforcement stat4 ute’’ means a statute requiring an independent 

5 investigation in a criminal matter in which— 

6 (i) one or more of the possible defend7 ants is a law enforcement officer; 

8 (ii) one or more of the alleged offenses 

9 involves the law enforcement officer’s use of 

10 deadly force in the course of carrying out 

11 that officer’s duty; and 

12 (iii) the non-Federal law enforcement 

13 officer’s use of deadly force resulted in a 

14 death or injury. 

15 (C) INDEPENDENT PROSECUTOR.—The term 

16 ‘‘independent prosecutor’’ means, with respect to 

17 a criminal investigation or prosecution of a law 

18 enforcement officer’s use of deadly force, a pros19 ecutor who— 

20 (i) does not oversee or regularly rely on 

21 the law enforcement agency by which the 

22 law enforcement officer under investigation 

23 is employed; and 


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1 (ii) would not be involved in the pros2 ecution in the ordinary course of that pros3 ecutor’s duties. 

4 (2) GRANT PROGRAM.—The Attorney General 

5 may award grants to eligible States and Indian 

6 Tribes to assist in implementing an independent in7 vestigation of law enforcement statute. 

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

9 under this subsection, a State or Indian Tribe shall 

10 have in effect an independent investigation of law en11 forcement statute. 

12 (4) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated to the Attor14 ney General $750,000,000 for fiscal years 2021 

15 through 2023 to carry out this subsection. 

16 (b) COPS GRANT PROGRAM USED FOR CIVILIAN RE17 VIEW BOARDS.—Part Q of title I of the of the Omnibus 

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

19 10381 et seq.) is amended— 

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

21 (A) by redesignating paragraphs (22) and 

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

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

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


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

2 following: 

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

4 civilian review boards;’’; and 

5 (2) in section 1709 (34 U.S.C. 10389), by adding 

6 at the end the following: 

7 ‘‘(8) ‘civilian review board’ means an adminis8 trative entity that investigates civilian complaints 

9 against law enforcement officers and— 

10 ‘‘(A) is independent and adequately funded; 

11 ‘‘(B) has investigatory authority and sub12 poena power; 

13 ‘‘(C) has representative community diver14 sity; 

15 ‘‘(D) has policy making authority; 

16 ‘‘(E) provides advocates for civilian com17 plainants; 

18 ‘‘(F) may conduct hearings; and 

19 ‘‘(G) conducts statistical studies on pre20 vailing complaint trends.’’. 

21 Subtitle B—Law Enforcement Trust 

22 and Integrity Act 

23 SEC. 111. SHORT TITLE. 

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

25 Trust and Integrity Act of 2020’’. 


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1 SEC. 112. DEFINITIONS. 

2 In this subtitle: 

3 (1) COMMUNITY-BASED ORGANIZATION.—The 

4 term ‘‘community-based organization’’ means a grass5 roots organization that monitors the issue of police 

6 misconduct and that has a local or national presence 

7 and membership, such as the National Association for 

8 the Advancement of Colored People (NAACP), the 

9 American Civil Liberties Union (ACLU), UnidosUS, 

10 the National Urban League, the National Congress of 

11 American Indians, or the National Asian Pacific 

12 American Legal Consortium (NAPALC). 

13 (2) LAW ENFORCEMENT ACCREDITATION ORGANI14 ZATION.—The term ‘‘law enforcement accreditation 

15 organization’’ means a professional law enforcement 

16 organization involved in the development of standards 

17 of accreditation for law enforcement agencies at the 

18 national, State, regional, or Tribal level, such as the 

19 Commission on Accreditation for Law Enforcement 

20 Agencies (CALEA). 

21 (3) LAW ENFORCEMENT AGENCY.—The term 

22 ‘‘law enforcement agency’’ means a State, local, In23 dian tribal, or campus public agency engaged in the 

24 prevention, detection, investigation, prosecution, or 

25 adjudication of violations of criminal laws. 


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1 (4) PROFESSIONAL LAW ENFORCEMENT ASSOCIA2 TION.—The term ‘‘professional law enforcement asso3 ciation’’ means a law enforcement membership asso4 ciation that works for the needs of Federal, State, 

5 local, or Indian tribal law enforcement agencies and 

6 with the civilian community on matters of common 

7 interest, such as the Hispanic American Police Com8 mand Officers Association (HAPCOA), the National 

9 Asian Pacific Officers Association (NAPOA), the Na10 tional Black Police Association (NBPA), the National 

11 Latino Peace Officers Association (NLPOA), the Na12 tional Organization of Black Law Enforcement Ex13 ecutives (NOBLE), Women in Law Enforcement, the 

14 Native American Law Enforcement Association 

15 (NALEA), the International Association of Chiefs of 

16 Police (IACP), the National Sheriffs’ Association 

17 (NSA), the Fraternal Order of Police (FOP), or the 

18 National Association of School Resource Officers. 

19 (5) PROFESSIONAL CIVILIAN OVERSIGHT ORGANI20 ZATION.—The term ‘‘professional civilian oversight 

21 organization’’ means a membership organization 

22 formed to address and advance civilian oversight of 

23 law enforcement and whose members are from Fed24 eral, State, regional, local, or Tribal organizations 

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1 ment agencies or officers, such as the National Asso2 ciation for Civilian Oversight of Law Enforcement 

3 (NACOLE). 

4 SEC. 113. ACCREDITATION OF LAW ENFORCEMENT AGEN5 CIES. 

6 (a) STANDARDS.— 

7 (1) INITIAL ANALYSIS.—The Attorney General 

8 shall perform an initial analysis of existing accredi9 tation standards and methodology developed by law 

10 enforcement accreditation organizations nationwide, 

11 including national, State, regional, and Tribal ac12 creditation organizations. Such an analysis shall in13 clude a review of the recommendations of the Final 

14 Report of the President’s Taskforce on 21st Century 

15 Policing, issued by the Department of Justice, in May 

16 2015. 

17 (2) DEVELOPMENT OF UNIFORM STANDARDS.— 

18 After completion of the initial review and analysis 

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

20 (A) recommend, in consultation with law 

21 enforcement accreditation organizations and 

22 community-based organizations, the adoption of 

23 additional standards that will result in greater 

24 community accountability of law enforcement 

25 agencies and an increased focus on policing with 


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1 a guardian mentality, including standards relat2 ing to— 

3 (i) early warning systems and related 

4 intervention programs; 

5 (ii) use of force procedures; 

6 (iii) civilian review procedures; 

7 (iv) traffic and pedestrian stop and 

8 search procedures; 

9 (v) data collection and transparency; 

10 (vi) administrative due process re11 quirements; 

12 (vii) video monitoring technology; 

13 (viii) youth justice and school safety; 

14 and 

15 (ix) recruitment, hiring, and training; 

16 and 

17 (B) recommend additional areas for the de18 velopment of national standards for the accredi19 tation of law enforcement agencies in consulta20 tion with existing law enforcement accreditation 

21 organizations, professional law enforcement asso22 ciations, labor organizations, community-based 

23 organizations, and professional civilian oversight 

24 organizations. 


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1 (3) CONTINUING ACCREDITATION PROCESS.—The 

2 Attorney General shall adopt policies and procedures 

3 to partner with law enforcement accreditation organi4 zations, professional law enforcement associations, 

5 labor organizations, community-based organizations, 

6 and professional civilian oversight organizations to— 

7 (A) continue the development of further ac8 creditation standards consistent with paragraph 

9 (2); 

10 (B) encourage the pursuit of accreditation 

11 of Federal, State, local, and Tribal law enforce12 ment agencies by certified law enforcement ac13 creditation organizations; and 

14 (C) develop recommendations for implemen15 tation of a national accreditation requirement 

16 tied to Federal grant eligibility. 

17 (b) USE OF FUNDS REQUIREMENTS.—Section 502(a) 

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

19 Act of 1968 (34 U.S.C. 10153(a)) is amended by adding 

20 at the end the following: 

21 ‘‘(7) An assurance that, for each fiscal year cov22 ered by an application, the applicant will use not less 

23 than 5 percent of the total amount of the grant award 

24 for the fiscal year to assist law enforcement agencies 

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1 partments, gain or maintain accreditation from cer2 tified law enforcement accreditation organizations in 

3 accordance with section 113 of the Law Enforcement 

4 Trust and Integrity Act of 2020.’’. 

5 SEC. 114. LAW ENFORCEMENT GRANTS. 

6 (a) USE OF FUNDS REQUIREMENT.—Section 502(a) of 

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

8 of 1968 (34 U.S.C. 10153(a)), as amended by section 113, 

9 is amended by adding at the end the following: 

10 ‘‘(8) An assurance that, for each fiscal year cov11 ered by an application, the applicant will use not less 

12 than 5 percent of the total amount of the grant award 

13 for the fiscal year to study and implement effective 

14 management, training, recruiting, hiring, and over15 sight standards and programs to promote effective 

16 community and problem solving strategies for law en17 forcement agencies in accordance with section 114 of 

18 the Law Enforcement Trust and Integrity Act of 

19 2020.’’. 

20 (b) GRANT PROGRAM FOR COMMUNITY ORGANIZA21 TIONS.—The Attorney General may make grants to commu22 nity-based organizations to study and implement— 

23 (1) effective management, training, recruiting, 

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1 mote effective community and problem solving strate2 gies for law enforcement agencies; or 

3 (2) effective strategies and solutions to public 

4 safety, including strategies that do not rely on Fed5 eral and local law enforcement agency responses. 

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

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

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

9 10153(a)), as added by subsection (a) of this section, and 

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

11 to— 

12 (1) study management and operations standards 

13 for law enforcement agencies, including standards re14 lating to administrative due process, residency re15 quirements, compensation and benefits, use of force, 

16 racial profiling, early warning and intervention sys17 tems, youth justice, school safety, civilian review 

18 boards or analogous procedures, or research into the 

19 effectiveness of existing programs, projects, or other 

20 activities designed to address misconduct; and 

21 (2) develop pilot programs and implement effec22 tive standards and programs in the areas of training, 

23 hiring and recruitment, and oversight that are de24 signed to improve management and address mis25 conduct by law enforcement officers. 


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1 (d) COMPONENTS OF PILOT PROGRAM.—A pilot pro2 gram developed under subsection (c)(2) shall include imple3 mentation of the following: 

4 (1) TRAINING.—The implementation of policies, 

5 practices, and procedures addressing training and in6 struction to comply with accreditation standards in 

7 the areas of— 

8 (A) the use of deadly force, less lethal force, 

9 and de-escalation tactics and techniques; 

10 (B) investigation of officer misconduct and 

11 practices and procedures for referring to pros12 ecuting authorities allegations of officer use of 

13 excessive force or racial profiling; 

14 (C) disproportionate contact by law enforce15 ment with minority communities; 

16 (D) tactical and defensive strategy; 

17 (E) arrests, searches, and restraint; 

18 (F) professional verbal communications 

19 with civilians; 

20 (G) interactions with— 

21 (i) youth; 

22 (ii) individuals with disabilities; 

23 (iii) individuals with limited English 

24 proficiency; and 

25 (iv) multi-cultural communities; 


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1 (H) proper traffic, pedestrian, and other en2 forcement stops; and 

3 (I) community relations and bias aware4 ness. 

5 (2) RECRUITMENT, HIRING, RETENTION, AND

6 PROMOTION OF DIVERSE LAW ENFORCEMENT OFFI7 CERS.—Policies, procedures, and practices for— 

8 (A) the hiring and recruitment of diverse 

9 law enforcement officers who are representative 

10 of the communities they serve; 

11 (B) the development of selection, promotion, 

12 educational, background, and psychological 

13 standards that comport with title VII of the 

14 Civil Rights Act of 1964 (42 U.S.C. 2000e et 

15 seq.); and 

16 (C) initiatives to encourage residency in the 

17 jurisdiction served by the law enforcement agen18 cy and continuing education. 

19 (3) OVERSIGHT.—Complaint procedures, includ20 ing the establishment of civilian review boards or 

21 analogous procedures for jurisdictions across a range 

22 of sizes and agency configurations, complaint proce23 dures by community-based organizations, early warn24 ing systems and related intervention programs, video 

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1 parency, and administrative due process requirements 

2 inherent to complaint procedures for members of the 

3 public and law enforcement. 

4 (4) YOUTH JUSTICE AND SCHOOL SAFETY.—Uni5 form standards on youth justice and school safety that 

6 include best practices for law enforcement interaction 

7 and communication with children and youth, taking 

8 into consideration adolescent development and any 

9 disability, including— 

10 (A) the right to effective and timely notifi11 cation of a parent or legal guardian of any law 

12 enforcement interaction, regardless of the immi13 gration status of the individuals involved; and 

14 (B) the creation of positive school climates 

15 by improving school conditions for learning by— 

16 (i) eliminating school-based arrests 

17 and referrals to law enforcement; 

18 (ii) using evidence-based preventative 

19 measures and alternatives to school-based 

20 arrests and referrals to law enforcement, 

21 such as restorative justice and healing prac22 tices; and 

23 (iii) using school-wide positive behav24 ioral interventions and supports. 


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1 (5) VICTIM SERVICES.—Counseling services, in2 cluding psychological counseling, for individuals and 

3 communities impacted by law enforcement mis4 conduct. 

5 (e) TECHNICAL ASSISTANCE.— 

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

7 provide technical assistance to States and commu8 nity-based organizations in furtherance of the pur9 poses of this section. 

10 (2) MODELS FOR REDUCTION OF LAW ENFORCE11 MENT MISCONDUCT.—The technical assistance pro12 vided by the Attorney General may include the devel13 opment of models for States and community-based or14 ganizations to reduce law enforcement officer mis15 conduct. Any development of such models shall be in 

16 consultation with community-based organizations. 

17 (f) USE OF COMPONENTS.—The Attorney General may 

18 use any component or components of the Department of 

19 Justice in carrying out this section. 

20 (g) APPLICATIONS.—An application for a grant under 

21 subsection (b) shall be submitted in such form, and contain 

22 such information, as the Attorney General may prescribe 

23 by rule. 

24 (h) PERFORMANCE EVALUATION.— 

25 (1) MONITORING COMPONENTS.— 


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

2 or activity funded under this section shall con3 tain a monitoring component, which shall be de4 veloped pursuant to rules made by the Attorney 

5 General. 

6 (B) REQUIREMENT.—Each monitoring com7 ponent required under subparagraph (A) shall 

8 include systematic identification and collection 

9 of data about activities, accomplishments, and 

10 programs throughout the duration of the pro11 gram, project, or activity and presentation of 

12 such data in a usable form. 

13 (2) EVALUATION COMPONENTS.— 

14 (A) IN GENERAL.—Selected grant recipients 

15 shall be evaluated on the local level or as part of 

16 a national evaluation, pursuant to rules made 

17 by the Attorney General. 

18 (B) REQUIREMENTS.—An evaluation con19 ducted under subparagraph (A) may include 

20 independent audits of police behavior and other 

21 assessments of individual program implementa22 tions. For community-based organizations in se23 lected jurisdictions that are able to support out24 come evaluations, the effectiveness of funded pro25 grams, projects, and activities may be required. 


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1 (3) PERIODIC REVIEW AND REPORTS.—The At2 torney General may require a grant recipient to sub3 mit biannually to the Attorney General the results of 

4 the monitoring and evaluations required under para5 graphs (1) and (2) and such other data and informa6 tion as the Attorney General determines to be nec7 essary. 

8 (i) REVOCATION OR SUSPENSION OF FUNDING.—If the 

9 Attorney General determines, as a result of monitoring 

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

11 under the Byrne grant program or under subsection (b) is 

12 not in substantial compliance with the requirements of this 

13 section, the Attorney General may revoke or suspend fund14 ing of that grant, in whole or in part. 

15 (j) CIVILIAN REVIEW BOARD DEFINED.—In this sec16 tion, the term ‘‘civilian review board’’ means an adminis17 trative entity that investigates civilian complaints against 

18 law enforcement officers and— 

19 (1) is independent and adequately funded; 

20 (2) has investigatory authority and subpoena 

21 power; 

22 (3) has representative community diversity; 

23 (4) has policy making authority; 

24 (5) provides advocates for civilian complainants; 

25 (6) may conduct hearings; and 


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1 (7) conducts statistical studies on prevailing 

2 complaint trends. 

3 (k) AUTHORIZATION OF APPROPRIATIONS.—There are 

4 authorized to be appropriated to the Attorney General 

5 $25,000,000 for fiscal year 2021 to carry out the grant pro6 gram authorized under subsection (b). 

7 SEC. 115. ATTORNEY GENERAL TO CONDUCT STUDY. 

8 (a) STUDY.— 

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

10 conduct a nationwide study of the prevalence and ef11 fect of any law, rule, or procedure that allows a law 

12 enforcement officer to delay the response to questions 

13 posed by a local internal affairs officer, or review 

14 board on the investigative integrity and prosecution 

15 of law enforcement misconduct, including pre-inter16 view warnings and termination policies. 

17 (2) INITIAL ANALYSIS.—The Attorney General 

18 shall perform an initial analysis of existing State 

19 laws, rules, and procedures to determine whether, at 

20 a threshold level, the effect of the type of law, rule, or 

21 procedure that raises material investigatory issues 

22 that could impair or hinder a prompt and thorough 

23 investigation of possible misconduct, including crimi24 nal conduct. 


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1 (3) DATA COLLECTION.—After completion of the 

2 initial analysis under paragraph (2), and considering 

3 material investigatory issues, the Attorney General 

4 shall gather additional data nationwide on similar 

5 laws, rules, and procedures from a representative and 

6 statistically significant sample of jurisdictions, to de7 termine whether such laws, rules, and procedures 

8 raise such material investigatory issues. 

9 (b) REPORTING.— 

10 (1) INITIAL ANALYSIS.—Not later than 120 days 

11 after the date of the enactment of this Act, the Attor12 ney General shall— 

13 (A) submit to Congress a report containing 

14 the results of the initial analysis conducted 

15 under subsection (a)(2); 

16 (B) make the report submitted under sub17 paragraph (A) available to the public; and 

18 (C) identify the jurisdictions for which the 

19 study described in subsection (a)(3) is to be con20 ducted. 

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

22 after the date of the enactment of this Act, the Attor23 ney General shall submit to Congress a report con24 taining the results of the data collected under this sec25 tion and publish the report in the Federal Register. 


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1 SEC. 116. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated for fiscal year 

3 2021, in addition to any other sums authorized to be appro4 priated— 

5 (1) $25,000,000 for additional expenses relating 

6 to the enforcement of section 210401 of the Violent 

7 Crime Control and Law Enforcement Act of 1994 (34 

8 U.S.C. 12601), criminal enforcement under sections 

9 241 and 242 of title 18, United States Code, and ad10 ministrative enforcement by the Department of Jus11 tice of such sections, including compliance with con12 sent decrees or judgments entered into under such sec13 tion 210401; and 

14 (2) $3,300,000 for additional expenses related to 

15 conflict resolution by the Department of Justice’s 

16 Community Relations Service. 

17 SEC. 117. NATIONAL TASK FORCE ON LAW ENFORCEMENT 

18 OVERSIGHT. 

19 (a) ESTABLISHMENT.—There is established within the 

20 Department of Justice a task force to be known as the Task 

21 Force on Law Enforcement Oversight (hereinafter in this 

22 section referred to as the ‘‘Task Force’’). 

23 (b) COMPOSITION.—The Task Force shall be composed 

24 of individuals appointed by the Attorney General, who shall 

25 appoint not less than 1 individual from each of the fol26 lowing: 


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1 (1) The Special Litigation Section of the Civil 

2 Rights Division. 

3 (2) The Criminal Section of the Civil Rights Di4 vision. 

5 (3) The Federal Coordination and Compliance 

6 Section of the Civil Rights Division. 

7 (4) The Employment Litigation Section of the 

8 Civil Rights Division. 

9 (5) The Disability Rights Section of the Civil 

10 Rights Division. 

11 (6) The Office of Justice Programs. 

12 (7) The Office of Community Oriented Policing 

13 Services (COPS). 

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

15 Federal Bureau of Investigation. 

16 (9) The Community Relations Service. 

17 (10) The Office of Tribal Justice. 

18 (11) The unit within the Department of Justice 

19 assigned as a liaison for civilian review boards. 

20 (c) POWERS AND DUTIES.—The Task Force shall con21 sult with professional law enforcement associations, labor 

22 organizations, and community-based organizations to co23 ordinate the process of the detection and referral of com24 plaints regarding incidents of alleged law enforcement mis25 conduct. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

2 authorized to be appropriated $5,000,000 for each fiscal 

3 year to carry out this section. 

4 SEC. 118. FEDERAL DATA COLLECTION ON LAW ENFORCE5 MENT PRACTICES. 

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

7 Tribal, and local law enforcement agency shall report data 

8 of the practices enumerated in subsection (c) of that agency 

9 to the Attorney General. 

10 (b) BREAKDOWN OF INFORMATION BY RACE, ETH11 NICITY, AND GENDER.—For each practice enumerated in 

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

13 provide a breakdown of the numbers of incidents of that 

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

15 of the agency and of members of the public involved in the 

16 practice. 

17 (c) PRACTICES TO BE REPORTED ON.—The practices 

18 to be reported on are the following: 

19 (1) Traffic violation stops. 

20 (2) Pedestrian stops. 

21 (3) Frisk and body searches. 

22 (4) Instances where law enforcement officers used 

23 deadly force, including— 

24 (A) a description of when and where deadly 

25 force was used, and whether it resulted in death; 


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1 (B) a description of deadly force directed 

2 against an officer and whether it resulted in in3 jury or death; and 

4 (C) the law enforcement agency’s justifica5 tion for use of deadly force, if the agency deter6 mines it was justified. 

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

8 agency required to report data under this section shall 

9 maintain records relating to any matter reported for not 

10 less than 4 years after those records are created. 

11 (e) PENALTY FOR STATES FAILING TO REPORT AS RE12 QUIRED.— 

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

14 shall not receive any amount that would otherwise be 

15 allocated to that State under section 505(a) of title I 

16 of the Omnibus Crime Control and Safe Streets Act 

17 of 1968 (34 U.S.C. 10156(a)), or any amount from 

18 any other law enforcement assistance program of the 

19 Department of Justice, unless the State has ensured, 

20 to the satisfaction of the Attorney General, that the 

21 State and each local law enforcement agency of the 

22 State is in substantial compliance with the require23 ments of this section. 

24 (2) REALLOCATION.—Amounts not allocated by 

25 reason of this subsection shall be reallocated to States 


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1 not disqualified by failure to comply with this sec2 tion. 

3 (f) REGULATIONS.—The Attorney General shall pre4 scribe regulations to carry out this section. 

5 TITLE II—POLICING 

6 TRANSPARENCY THROUGH DATA 

7 Subtitle A—National Police 

8 Misconduct Registry 

9 SEC. 201. ESTABLISHMENT OF NATIONAL POLICE MIS10 CONDUCT REGISTRY. 

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

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

13 establish a National Police Misconduct Registry to be com14 piled and maintained by the Department of Justice. 

15 (b) CONTENTS OF REGISTRY.—The Registry required 

16 to be established under subsection (a) shall contain the fol17 lowing data with respect to all Federal and local law en18 forcement officers: 

19 (1) Each complaint filed against a law enforce20 ment officer, aggregated by— 

21 (A) complaints that were found to be cred22 ible or that resulted in disciplinary action 

23 against the law enforcement officer, 

24 disaggregated by whether the complaint involved 


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1 a use of force or racial profiling (as such term 

2 is defined in section 302); 

3 (B) complaints that are pending review, 

4 disaggregated by whether the complaint involved 

5 a use of force or racial profiling; and 

6 (C) complaints for which the law enforce7 ment officer was exonerated or that were deter8 mined to be unfounded or not sustained, 

9 disaggregated by whether the complaint involved 

10 a use of force or racial profiling. 

11 (2) Discipline records, disaggregated by whether 

12 the complaint involved a use of force or racial 

13 profiling. 

14 (3) Termination records, the reason for each ter15 mination, disaggregated by whether the complaint in16 volved a use of force or racial profiling. 

17 (4) Records of certification in accordance with 

18 section 202. 

19 (5) Records of lawsuits against law enforcement 

20 officers and settlements of such lawsuits. 

21 (c) FEDERAL AGENCY REPORTING REQUIREMENTS.— 

22 Not later than 1 year after the date of enactment of this 

23 Act, and every 6 months thereafter, the head of each Federal 

24 law enforcement agency shall submit to the Attorney Gen25 eral the information described in subsection (b). 


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1 (d) STATE AND LOCAL LAW ENFORCEMENT AGENCY

2 REPORTING REQUIREMENTS.—Beginning in the first fiscal 

3 year that begins after the date that is one year after the 

4 date of enactment of this Act and each fiscal year thereafter 

5 in which a State receives funds under the Byrne grant pro6 gram, the State shall, once every 180 days, submit to the 

7 Attorney General the information described in subsection 

8 (b) for the State and each local law enforcement agency 

9 within the State. 

10 (e) PUBLIC AVAILABILITY OF REGISTRY.— 

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

12 required under subsection (a), the Attorney General 

13 shall make the Registry available to the public on an 

14 internet website of the Attorney General in a manner 

15 that allows members of the public to search for an in16 dividual law enforcement officer’s records of mis17 conduct, as described in subsection (b), involving a 

18 use of force or racial profiling. 

19 (2) PRIVACY PROTECTIONS.—Nothing in this 

20 subsection shall be construed to supersede the require21 ments or limitations under section 552a of title 5, 

22 United States Code (commonly known as the ‘‘Pri23 vacy Act of 1974’’). 


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1 SEC. 202. CERTIFICATION REQUIREMENTS FOR HIRING OF 

2 LAW ENFORCEMENT OFFICERS. 

3 (a) IN GENERAL.— Beginning in the first fiscal year 

4 that begins after the date that is one year after the date 

5 of the enactment of this Act, a State or unit of local govern6 ment, other than an Indian Tribe, may not receive funds 

7 under the Byrne grant program for that fiscal year if, on 

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

9 unit of local government has not— 

10 (1) submitted to the Attorney General evidence 

11 that the State or unit of local government has a cer12 tification and decertification program for purposes of 

13 employment as a law enforcement officer in that 

14 State or unit of local government that is consistent 

15 with the rules made under subsection (c); and 

16 (2) submitted to the National Police Misconduct 

17 Registry established under section 201 records dem18 onstrating that all law enforcement officers of the 

19 State or unit of local government have completed all 

20 State certification requirements during the 1-year pe21 riod preceding the fiscal year. 

22 (b) AVAILABILITY OF INFORMATION.—The Attorney 

23 General shall make available to law enforcement agencies 

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1 tion programs described in subsection (a)(1) and consid2 ering applications for employment. 

3 (c) RULES.—The Attorney General shall make rules to 

4 carry out this section and section 201, including uniform 

5 reporting standards. 

6 Subtitle B—PRIDE Act 

7 SEC. 221. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Police Reporting In9 formation, Data, and Evidence Act of 2020’’ or the 

10 ‘‘PRIDE Act of 2020’’. 

11 SEC. 222. DEFINITIONS. 

12 In this subtitle: 

13 (1) LOCAL EDUCATIONAL AGENCY.—The term 

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

15 term in section 8101 of the Elementary and Sec16 ondary Education Act of 1965 (20 U.S.C. 7801). 

17 (2) LOCAL LAW ENFORCEMENT OFFICER.—The 

18 term ‘‘local law enforcement officer’’ has the meaning 

19 given the term in section 2, and includes a school re20 source officer. 

21 (3) SCHOOL.—The term ‘‘school’’ means an ele22 mentary school or secondary school (as those terms 

23 are defined in section 8101 of the Elementary and 

24 Secondary Education Act of 1965 (20 U.S.C. 7801)). 


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1 (4) SCHOOL RESOURCE OFFICER.—The term 

2 ‘‘school resource officer’’ means a sworn law enforce3 ment officer who is— 

4 (A) assigned by the employing law enforce5 ment agency to a local educational agency or 

6 school; 

7 (B) contracting with a local educational 

8 agency or school; or 

9 (C) employed by a local educational agency 

10 or school. 

11 SEC. 223. USE OF FORCE REPORTING. 

12 (a) REPORTING REQUIREMENTS.— 

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

14 year that begins after the date that is one year after 

15 the date of enactment of this Act and each fiscal year 

16 thereafter in which a State or Indian Tribe receives 

17 funds under a Byrne grant program, the State or In18 dian Tribe shall— 

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

20 quarterly basis and pursuant to guidelines estab21 lished by the Attorney General, information re22 garding— 

23 (i) any incident involving the use of 

24 deadly force against a civilian by— 


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1 (I) a local law enforcement officer 

2 who is employed by the State or by a 

3 unit of local government in the State; 

4 or 

5 (II) a tribal law enforcement offi6 cer who is employed by the Indian 

7 Tribe; 

8 (ii) any incident involving the shoot9 ing of a local law enforcement officer or 

10 tribal law enforcement officer described in 

11 clause (i) by a civilian; 

12 (iii) any incident involving the death 

13 or arrest of a local law enforcement officer 

14 or tribal law enforcement officer; 

15 (iv) any incident during which use of 

16 force by or against a local law enforcement 

17 officer or tribal law enforcement officer de18 scribed in clause (i) occurs, which is not re19 ported under clause (i), (ii), or (iii); 

20 (v) deaths in custody; and 

21 (vi) uses of force in arrests and book22 ing; 

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

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1 ported by local law enforcement officers or tribal 

2 law enforcement officers; and 

3 (C) submit to the Attorney General a plan 

4 for the collection of data required to be reported 

5 under this section, including any modifications 

6 to a previously submitted data collection plan. 

7 (2) REPORT INFORMATION REQUIRED.— 

8 (A) IN GENERAL.—The report required 

9 under paragraph (1)(A) shall contain informa10 tion that includes, at a minimum— 

11 (i) the national origin, sex, race, eth12 nicity, age, disability, English language 

13 proficiency, and housing status of each ci14 vilian against whom a local law enforce15 ment officer or tribal law enforcement offi16 cer used force; 

17 (ii) the date, time, and location, in18 cluding whether it was on school grounds, 

19 and the zip code, of the incident and wheth20 er the jurisdiction in which the incident oc21 curred allows for the open-carry or con22 cealed-carry of a firearm; 

23 (iii) whether the civilian was armed, 

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

25 had; 


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1 (iv) the type of force used against the 

2 officer, the civilian, or both, including the 

3 types of weapons used; 

4 (v) the reason force was used; 

5 (vi) a description of any injuries sus6 tained as a result of the incident; 

7 (vii) the number of officers involved in 

8 the incident; 

9 (viii) the number of civilians involved 

10 in the incident; and 

11 (ix) a brief description regarding the 

12 circumstances surrounding the incident, 

13 which shall include information on— 

14 (I) the type of force used by all 

15 involved persons; 

16 (II) the legitimate police objective 

17 necessitating the use of force; 

18 (III) the resistance encountered by 

19 each local law enforcement officer or 

20 tribal law enforcement officer involved 

21 in the incident; 

22 (IV) the efforts by local law en23 forcement officers or tribal law enforce24 ment officers to— 


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1 (aa) de-escalate the situation 

2 in order to avoid the use of force; 

3 or 

4 (bb) minimize the level of 

5 force used; and 

6 (V) if applicable, the reason why 

7 efforts described in subclause (IV) were 

8 not attempted. 

9 (B) INCIDENTS REPORTED UNDER DEATH

10 IN CUSTODY REPORTING ACT.—A State or In11 dian Tribe is not required to include in a report 

12 under subsection (a)(1) an incident reported by 

13 the State or Indian Tribe in accordance with 

14 section 20104(a)(2) of the Violent Crime Control 

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

16 12104(a)(2)). 

17 (C) RETENTION OF DATA.—Each law en18 forcement agency required to report data under 

19 this section shall maintain records relating to 

20 any matter so reportable for not less than 4 

21 years after those records are created. 

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

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

24 Act, and each year thereafter, each State or Indian 

25 Tribe described in paragraph (1) shall— 


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1 (A) conduct an audit of the use of force in2 cident reporting system required to be established 

3 under paragraph (1)(B); and 

4 (B) submit a report to the Attorney General 

5 on the audit conducted under subparagraph (A). 

6 (4) COMPLIANCE PROCEDURE.—Prior to submit7 ting a report under paragraph (1)(A), the State or 

8 Indian Tribe submitting such report shall compare 

9 the information compiled to be reported pursuant to 

10 clause (i) of paragraph (1)(A) to publicly available 

11 sources, and shall revise such report to include any 

12 incident determined to be missing from the report 

13 based on such comparison. Failure to comply with the 

14 procedures described in the previous sentence shall be 

15 considered a failure to comply with the requirements 

16 of this section. 

17 (b) INELIGIBILITY FOR FUNDS.— 

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

19 a State or Indian Tribe fails to comply with this sec20 tion, the State or Indian Tribe, at the discretion of 

21 the Attorney General, shall be subject to not more 

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

23 otherwise be allocated for that fiscal year to the State 

24 or Indian Tribe under a Byrne grant program. 


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1 (2) REALLOCATION.—Amounts not allocated 

2 under a Byrne grant program in accordance with 

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

4 this section shall be reallocated under the Byrne grant 

5 program to States that have not failed to comply with 

6 this section. 

7 (3) INFORMATION REGARDING SCHOOL RE8 SOURCE OFFICERS.—The State or Indian Tribe shall 

9 ensure that all schools and local educational agencies 

10 within the jurisdiction of the State or Indian Tribe 

11 provide the State or Indian Tribe with the informa12 tion needed regarding school resource officers to com13 ply with this section. 

14 (c) PUBLIC AVAILABILITY OF DATA.— 

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

16 the date of enactment of this Act, and each year there17 after, the Attorney General shall publish, and make 

18 available to the public, a report containing the data 

19 reported to the Attorney General under this section. 

20 (2) PRIVACY PROTECTIONS.—Nothing in this 

21 subsection shall be construed to supersede the require22 ments or limitations under section 552a of title 5, 

23 United States Code (commonly known as the ‘‘Pri24 vacy Act of 1974’’). 


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

2 of enactment of this Act, the Attorney General, in coordina3 tion with the Director of the Federal Bureau of Investiga4 tion, shall issue guidance on best practices relating to estab5 lishing standard data collection systems that capture the 

6 information required to be reported under subsection (a)(2), 

7 which shall include standard and consistent definitions for 

8 terms. 

9 SEC. 224. USE OF FORCE DATA REPORTING. 

10 (a) TECHNICAL ASSISTANCE GRANTS AUTHORIZED.— 

11 The Attorney General may make grants to eligible law en12 forcement agencies to be used for the activities described in 

13 subsection (c). 

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

15 grant under this section a law enforcement agency shall— 

16 (1) be a tribal law enforcement agency or be lo17 cated in a State that receives funds under a Byrne 

18 grant program; 

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

20 enforcement officers; 

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

22 local law enforcement officers or tribal law enforce23 ment officers employed by the law enforcement agency 

24 is publicly available; and 


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1 (4) establish and maintain a complaint system 

2 that— 

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

4 to report incidents of use of force to the law en5 forcement agency; 

6 (B) makes all information collected publicly 

7 searchable and available; and 

8 (C) provides information on the status of an 

9 investigation related to a use of force complaint. 

10 (c) ACTIVITIES DESCRIBED.—A grant made under this 

11 section may be used by a law enforcement agency for— 

12 (1) the cost of assisting the State or Indian Tribe 

13 in which the law enforcement agency is located in 

14 complying with the reporting requirements described 

15 in section 223; 

16 (2) the cost of establishing necessary systems re17 quired to investigate and report incidents as required 

18 under subsection (b)(4); 

19 (3) public awareness campaigns designed to gain 

20 information from the public on use of force by or 

21 against local and tribal law enforcement officers, in22 cluding shootings, which may include tip lines, hot23 lines, and public service announcements; and 

24 (4) use of force training for law enforcement 

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1 calation, implicit bias, crisis intervention techniques, 

2 and adolescent development. 

3 SEC. 225. COMPLIANCE WITH REPORTING REQUIREMENTS. 

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

5 of enactment of this Act, and each year thereafter, the Attor6 ney General shall conduct an audit and review of the infor7 mation provided under this subtitle to determine whether 

8 each State or Indian Tribe described in section 223(a)(1) 

9 is in compliance with the requirements of this subtitle. 

10 (b) CONSISTENCY IN DATA REPORTING.— 

11 (1) IN GENERAL.—Any data reported under this 

12 subtitle shall be collected and reported— 

13 (A) in a manner consistent with existing 

14 programs of the Department of Justice that col15 lect data on local law enforcement officer encoun16 ters with civilians; and 

17 (B) in a manner consistent with civil rights 

18 laws for distribution of information to the pub19 lic. 

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

21 the date of enactment of this Act, the Attorney Gen22 eral shall— 

23 (A) issue guidelines on the reporting re24 quirement under section 223; and 


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1 (B) seek public comment before finalizing 

2 the guidelines required under subparagraph (A). 

3 SEC. 226. FEDERAL LAW ENFORCEMENT REPORTING. 

4 The head of each Federal law enforcement agency shall 

5 submit to the Attorney General, on a quarterly basis and 

6 pursuant to guidelines established by the Attorney General, 

7 the information required to be reported by a State or In8 dian Tribe under section 223. 

9 SEC. 227. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated to the Attor11 ney General such sums as are necessary to carry out this 

12 subtitle. 

13 TITLE III—IMPROVING POLICE 

14 TRAINING AND POLICIES 

15 Subtitle A—End Racial and 

16 Religious Profiling Act 

17 SEC. 301. SHORT TITLE. 

18 This subtitle may be cited as the ‘‘End Racial and Re19 ligious Profiling Act of 2020’’ or ‘‘ERRPA’’. 

20 SEC. 302. DEFINITIONS. 

21 In this subtitle: 

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

23 program’’ means any program or activity funded in 

24 whole or in part with funds made available under— 

25 (A) a Byrne grant program; and 


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1 (B) the COPS grant program, except that 

2 no program, project, or other activity specified 

3 in section 1701(b)(13) of part Q of title I of the 

4 Omnibus Crime Control and Safe Streets Act of 

5 1968 (34 U.S.C. 10381 et seq.) shall be a covered 

6 program under this paragraph. 

7 (2) GOVERNMENTAL BODY.—The term ‘‘govern8 mental body’’ means any department, agency, special 

9 purpose district, or other instrumentality of Federal, 

10 State, local, or Indian Tribal government. 

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

12 percentage of stops and searches in which a law en13 forcement agent finds drugs, a gun, or something else 

14 that leads to an arrest. The hit rate is calculated by 

15 dividing the total number of searches by the number 

16 of searches that yield contraband. The hit rate is com17 plementary to the rate of false stops. 

18 (4) LAW ENFORCEMENT AGENCY.—The term 

19 ‘‘law enforcement agency’’ means any Federal, State, 

20 or local public agency engaged in the prevention, de21 tection, or investigation of violations of criminal, im22 migration, or customs laws. 

23 (5) LAW ENFORCEMENT AGENT.—The term ‘‘law 

24 enforcement agent’’ means any Federal, State, or local 

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1 tion, or customs laws, including police officers and 

2 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 subpara20 graph (A), a tribal law enforcement officer exer21 cising law enforcement authority within Indian 

22 country, as that term is defined in section 1151 

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

24 to be racial profiling with respect to making key 

25 jurisdictional determinations that are necessarily 


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1 tied to reliance on actual or perceived race, eth2 nicity, or tribal affiliation. 

3 (7) ROUTINE OR SPONTANEOUS INVESTIGATORY

4 ACTIVITIES.—The term ‘‘routine or spontaneous inves5 tigatory activities’’ means the following activities by 

6 a law enforcement agent: 

7 (A) Interviews. 

8 (B) Traffic stops. 

9 (C) Pedestrian stops. 

10 (D) Frisks and other types of body searches. 

11 (E) Consensual or nonconsensual searches of 

12 the persons, property, or possessions (including 

13 vehicles) of individuals using any form of public 

14 or private transportation, including motorists 

15 and pedestrians. 

16 (F) Data collection and analysis, assess17 ments, and predicated investigations. 

18 (G) Inspections and interviews of entrants 

19 into the United States that are more extensive 

20 than those customarily carried out. 

21 (H) Immigration-related workplace inves22 tigations. 

23 (I) Such other types of law enforcement en24 counters compiled for or by the Federal Bureau 


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1 of Investigation or the Department of Justice 

2 Bureau of Justice Statistics. 

3 (8) REASONABLE REQUEST.—The term ‘‘reason4 able request’’ means all requests for information, ex5 cept 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 PART I—PROHIBITION OF RACIAL PROFILING 

13 SEC. 311. PROHIBITION. 

14 No law enforcement agent or law enforcement agency 

15 shall engage in racial profiling. 

16 SEC. 312. ENFORCEMENT. 

17 (a) REMEDY.—The United States, or an individual in18 jured by racial profiling, may enforce this part in a civil 

19 action for declaratory or injunctive relief, filed either in 

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

21 of the United States. 

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

23 relief may be obtained against— 


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1 (1) any governmental body that employed any 

2 law enforcement agent who engaged in racial 

3 profiling; 

4 (2) any agent of such body who engaged in ra5 cial profiling; and 

6 (3) any person with supervisory authority over 

7 such agent. 

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

9 spontaneous investigatory activities of law enforcement 

10 agents in a jurisdiction have had a disparate impact on 

11 individuals with a particular characteristic described in 

12 section 302(6) shall constitute prima facie evidence of a vio13 lation of this part. 

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

15 to enforce this part against any governmental body, the 

16 court may allow a prevailing plaintiff, other than the 

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

18 and may include expert fees as part of the attorney’s fee. 

19 The term ‘‘prevailing plaintiff’’ means a plaintiff that sub20 stantially prevails pursuant to a judicial or administrative 

21 judgment or order, or an enforceable written agreement. 


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1 PART II—PROGRAMS TO ELIMINATE RACIAL 

2 PROFILING BY FEDERAL LAW ENFORCEMENT 

3 AGENCIES 

4 SEC. 321. POLICIES TO ELIMINATE RACIAL PROFILING. 

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

6 shall— 

7 (1) maintain adequate policies and procedures 

8 designed to eliminate racial profiling; and 

9 (2) cease existing practices that permit racial 

10 profiling. 

11 (b) POLICIES.—The policies and procedures described 

12 in subsection (a)(1) shall include— 

13 (1) a prohibition on racial profiling; 

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

15 Federal law enforcement training; 

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

17 regulations issued by the Attorney General under sec18 tion 341; 

19 (4) procedures for receiving, investigating, and 

20 responding meaningfully to complaints alleging ra21 cial profiling by law enforcement agents; and 

22 (5) any other policies and procedures the Attor23 ney General determines to be necessary to eliminate 

24 racial profiling by Federal law enforcement agencies. 


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1 PART III—PROGRAMS TO ELIMINATE RACIAL 

2 PROFILING BY STATE AND LOCAL LAW EN3 FORCEMENT AGENCIES 

4 SEC. 331. POLICIES REQUIRED FOR GRANTS. 

5 (a) IN GENERAL.—An application by a State or a unit 

6 of local government for funding under a covered program 

7 shall include a certification that such State, unit of local 

8 government, and any law enforcement agency to which it 

9 will distribute funds— 

10 (1) maintains adequate policies and procedures 

11 designed to eliminate racial profiling; and 

12 (2) has eliminated any existing practices that 

13 permit or encourage racial profiling. 

14 (b) POLICIES.—The policies and procedures described 

15 in subsection (a)(1) shall include— 

16 (1) a prohibition on racial profiling; 

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

18 law enforcement training; 

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

20 regulations issued by the Attorney General under sec21 tion 341; and 

22 (4) participation in an administrative com23 plaint procedure or independent audit program that 

24 meets the requirements of section 332. 

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

26 12 months after the date of enactment of this Act. 


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1 SEC. 332. INVOLVEMENT OF ATTORNEY GENERAL. 

2 (a) REGULATIONS.— 

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

4 the date of enactment of this Act and in consultation 

5 with stakeholders, including Federal, State, and local 

6 law enforcement agencies and community, profes7 sional, research, and civil rights organizations, the 

8 Attorney General shall issue regulations for the oper9 ation of administrative complaint procedures and 

10 independent audit programs to ensure that such pro11 cedures and programs provide an appropriate re12 sponse to allegations of racial profiling by law en13 forcement agents or agencies. 

14 (2) GUIDELINES.—The regulations issued under 

15 paragraph (1) shall contain guidelines that ensure the 

16 fairness, effectiveness, and independence of the admin17 istrative complaint procedures and independent audi18 tor programs. 

19 (b) NONCOMPLIANCE.—If the Attorney General deter20 mines that the recipient of a grant from any covered pro21 gram is not in compliance with the requirements of section 

22 331 or the regulations issued under subsection (a), the At23 torney General shall withhold, in whole or in part (at the 

24 discretion of the Attorney General), funds for one or more 

25 grants to the recipient under the covered program, until the 

26 recipient establishes compliance. 


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

2 provide notice and an opportunity for private parties to 

3 present evidence to the Attorney General that a recipient 

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

5 with the requirements of this part. 

6 SEC. 333. DATA COLLECTION DEMONSTRATION PROJECT. 

7 (a) TECHNICAL ASSISTANCE GRANTS FOR DATA COL8 LECTION.— 

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

10 through competitive grants or contracts, carry out a 

11 2-year demonstration project for the purpose of devel12 oping and implementing data collection programs on 

13 the hit rates for stops and searches by law enforce14 ment agencies. The data collected shall be 

15 disaggregated by race, ethnicity, national origin, gen16 der, and religion. 

17 (2) NUMBER OF GRANTS.—The Attorney General 

18 shall provide not more than 5 grants or contracts 

19 under this section. 

20 (3) ELIGIBLE GRANTEES.—Grants or contracts 

21 under this section shall be awarded to law enforce22 ment agencies that serve communities where there is 

23 a significant concentration of racial or ethnic minori24 ties and that are not already collecting data volun25 tarily. 


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1 (b) REQUIRED ACTIVITIES.—Activities carried out 

2 with a grant under this section shall include— 

3 (1) developing a data collection tool and report4 ing the compiled data to the Attorney General; and 

5 (2) training of law enforcement personnel on 

6 data collection, particularly for data collection on hit 

7 rates for stops and searches. 

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

9 of enactment of this Act, the Attorney General shall enter 

10 into a contract with an institution of higher education (as 

11 defined in section 101 of the Higher Education Act of 1965 

12 (20 U.S.C. 1001)) to analyze the data collected by each of 

13 the grantees funded under this section. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

15 authorized to be appropriated to carry out activities under 

16 this section— 

17 (1) $5,000,000, over a 2-year period, to carry 

18 out the demonstration program under subsection (a); 

19 and 

20 (2) $500,000 to carry out the evaluation under 

21 subsection (c). 

22 SEC. 334. DEVELOPMENT OF BEST PRACTICES. 

23 (a) USE OF FUNDS REQUIREMENT.—Section 502(a) of 

24 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 amended by sections 113 

2 and 114, is amended by adding at the end the following: 

3 ‘‘(9) An assurance that, for each fiscal year cov4 ered by an application, the applicant will use not less 

5 than 10 percent of the total amount of the grant 

6 award for the fiscal year to develop and implement 

7 best practice devices and systems to eliminate racial 

8 profiling in accordance with section 334 of the End 

9 Racial and Religious Profiling Act of 2020.’’. 

10 (b) DEVELOPMENT OF BEST PRACTICES.—Grant 

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

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

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

14 of this section, shall be for programs that include the fol15 lowing: 

16 (1) The development and implementation of 

17 training to prevent racial profiling and to encourage 

18 more respectful interaction with the public. 

19 (2) The acquisition and use of technology to fa20 cilitate the accurate collection and analysis of data. 

21 (3) The development and acquisition of feedback 

22 systems and technologies that identify law enforce23 ment agents or units of agents engaged in, or at risk 

24 of engaging in, racial profiling or other misconduct. 


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1 (4) The establishment and maintenance of an 

2 administrative complaint procedure or independent 

3 auditor program. 

4 SEC. 335. AUTHORIZATION OF APPROPRIATIONS. 

5 There are authorized to be appropriated to the Attor6 ney General such sums as are necessary to carry out this 

7 part. 

8 PART IV—DATA COLLECTION 

9 SEC. 341. ATTORNEY GENERAL TO ISSUE REGULATIONS. 

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

11 date of enactment of this Act, the Attorney General, in con12 sultation with stakeholders, including Federal, State, and 

13 local law enforcement agencies and community, profes14 sional, research, and civil rights organizations, shall issue 

15 regulations for the collection and compilation of data under 

16 sections 321 and 331. 

17 (b) REQUIREMENTS.—The regulations issued under 

18 subsection (a) shall— 

19 (1) provide for the collection of data on all rou20 tine and spontaneous investigatory activities; 

21 (2) provide that the data collected shall— 

22 (A) be disaggregated by race, ethnicity, na23 tional origin, gender, disability, and religion; 

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

25 such investigatory activities; 


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1 (C) include detail sufficient to permit an 

2 analysis of whether a law enforcement agency is 

3 engaging in racial profiling; and 

4 (D) not include personally identifiable in5 formation; 

6 (3) provide that a standardized form shall be 

7 made available to law enforcement agencies for the 

8 submission of collected data to the Department of Jus9 tice; 

10 (4) provide that law enforcement agencies shall 

11 compile data on the standardized form made avail12 able under paragraph (3), and submit the form to the 

13 Civil Rights Division and the Department of Justice 

14 Bureau of Justice Statistics; 

15 (5) provide that law enforcement agencies shall 

16 maintain all data collected under this subtitle for not 

17 less than 4 years; 

18 (6) include guidelines for setting comparative 

19 benchmarks, consistent with best practices, against 

20 which collected data shall be measured; 

21 (7) provide that the Department of Justice Bu22 reau of Justice Statistics shall— 

23 (A) analyze the data for any statistically 

24 significant disparities, including— 


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1 (i) disparities in the percentage of 

2 drivers or pedestrians stopped relative to 

3 the proportion of the population passing 

4 through the neighborhood; 

5 (ii) disparities in the hit rate; and 

6 (iii) disparities in the frequency of 

7 searches performed on racial or ethnic mi8 nority drivers and the frequency of searches 

9 performed on nonminority drivers; and 

10 (B) not later than 3 years after the date of 

11 enactment of this Act, and annually thereafter— 

12 (i) prepare a report regarding the find13 ings of the analysis conducted under sub14 paragraph (A); 

15 (ii) provide such report to Congress; 

16 and 

17 (iii) make such report available to the 

18 public, including on a website of the De19 partment of Justice, and in accordance with 

20 accessibility standards under the Americans 

21 with Disabilities Act of 1990 (42 U.S.C. 

22 12101 et seq.); and 

23 (8) protect the privacy of individuals whose data 

24 is collected by— 


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1 (A) limiting the use of the data collected 

2 under this subtitle to the purposes set forth in 

3 this subtitle; 

4 (B) except as otherwise provided in this 

5 subtitle, limiting access to the data collected 

6 under this subtitle to those Federal, State, or 

7 local employees or agents who require such access 

8 in order to fulfill the purposes for the data set 

9 forth in this subtitle; 

10 (C) requiring contractors or other non11 governmental agents who are permitted access to 

12 the data collected under this subtitle to sign use 

13 agreements incorporating the use and disclosure 

14 restrictions set forth in subparagraph (A); and 

15 (D) requiring the maintenance of adequate 

16 security measures to prevent unauthorized access 

17 to the data collected under this subtitle. 

18 SEC. 342. PUBLICATION OF DATA. 

19 The Director of the Bureau of Justice Statistics of the 

20 Department of Justice shall provide to Congress and make 

21 available to the public, together with each annual report 

22 described in section 341, the data collected pursuant to this 

23 subtitle, excluding any personally identifiable information 

24 described in section 343. 


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1 SEC. 343. LIMITATIONS ON PUBLICATION OF DATA. 

2 The name or identifying information of a law enforce3 ment agent, complainant, or any other individual involved 

4 in any activity for which data is collected and compiled 

5 under this subtitle shall not be— 

6 (1) released to the public; 

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

8 (A) such disclosures as are necessary to 

9 comply with this subtitle; 

10 (B) disclosures of information regarding a 

11 particular person to that person; or 

12 (C) disclosures pursuant to litigation; or 

13 (3) subject to disclosure under section 552 of title 

14 5, United States Code (commonly known as the Free15 dom of Information Act), except for disclosures of in16 formation regarding a particular person to that per17 son. 

18 PART V—DEPARTMENT OF JUSTICE REGULA19 TIONS AND REPORTS ON RACIAL PROFILING 

20 IN THE UNITED STATES 

21 SEC. 351. ATTORNEY GENERAL TO ISSUE REGULATIONS 

22 AND REPORTS. 

23 (a) REGULATIONS.—In addition to the regulations re24 quired under sections 333 and 341, the Attorney General 

25 shall issue such other regulations as the Attorney General 

26 determines are necessary to implement this subtitle. 


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1 (b) REPORTS.— 

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

3 the date of enactment of this Act, and annually there4 after, the Attorney General shall submit to Congress 

5 a report on racial profiling by law enforcement agen6 cies. 

7 (2) SCOPE.—Each report submitted under para8 graph (1) shall include— 

9 (A) a summary of data collected under sec10 tions 321(b)(3) and 331(b)(3) and from any 

11 other reliable source of information regarding ra12 cial profiling in the United States; 

13 (B) a discussion of the findings in the most 

14 recent report prepared by the Department of 

15 Justice Bureau of Justice Statistics under sec16 tion 341(b)(7); 

17 (C) the status of the adoption and imple18 mentation of policies and procedures by Federal 

19 law enforcement agencies under section 321 and 

20 by the State and local law enforcement agencies 

21 under sections 331 and 332; and 

22 (D) a description of any other policies and 

23 procedures that the Attorney General believes 

24 would facilitate the elimination of racial 

25 profiling. 


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1 Subtitle B—Additional Reforms 

2 SEC. 361. TRAINING ON RACIAL BIAS AND DUTY TO INTER3 VENE. 

4 (a) IN GENERAL.—The Attorney General shall estab5 lish— 

6 (1) a training program for law enforcement offi7 cers to cover racial profiling, implicit bias, and pro8 cedural justice; and 

9 (2) a clear duty for Federal law enforcement offi10 cers to intervene in cases where another law enforce11 ment officer is using excessive force against a civilian, 

12 and establish a training program that covers the duty 

13 to intervene. 

14 (b) MANDATORY TRAINING FOR FEDERAL LAW EN15 FORCEMENT OFFICERS.—The head of each Federal law en16 forcement agency shall require each Federal law enforce17 ment officer employed by the agency to complete the train18 ing programs established under subsection (a). 

19 (c) LIMITATION ON ELIGIBILITY FOR FUNDS.—Begin20 ning in the first fiscal year that begins after the date that 

21 is one year after the date of enactment of this Act, a State 

22 or unit of local government may not receive funds under 

23 the Byrne grant program for a fiscal year if, on the day 

24 before the first day of the fiscal year, the State or unit of 

25 local government does not require each law enforcement offiVerDate Sep 11 2014 16:08 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6203 E:\BILLS\H7120.RH H7120

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1 cer in the State or unit of local government to complete 

2 the training programs established under subsection (a). 

3 (d) GRANTS TO TRAIN LAW ENFORCEMENT OFFICERS

4 ON USE OF FORCE.—Section 501(a)(1) of title I of the Om5 nibus Crime Control and Safe Streets Act of 1968 (34 

6 U.S.C. 10152(a)(1)) is amended by adding at the end the 

7 following: 

8 ‘‘(I) Training programs for law enforcement 

9 officers, including training programs on use of 

10 force and a duty to intervene.’’. 

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

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

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

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

15 search warrant authorized under this section shall require 

16 that a law enforcement officer execute the search warrant 

17 only after providing notice of his or her authority and pur18 pose.’’. 

19 (b) LIMITATION ON ELIGIBILITY FOR FUNDS.—Begin20 ning in the first fiscal year that begins after the date that 

21 is one year after the date of enactment of this Act, a State 

22 or unit of local government may not receive funds under 

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

24 before the first day of the fiscal year, the State or unit of 


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1 local government does not have in effect a law that prohibits 

2 the issuance of a no-knock warrant in a drug case. 

3 (c) DEFINITION.—In this section, the term ‘‘no-knock 

4 warrant’’ means a warrant that allows a law enforcement 

5 officer to enter a property without requiring the law en6 forcement officer to announce the presence of the law en7 forcement officer or the intention of the law enforcement of8 ficer to enter the property. 

9 SEC. 363. INCENTIVIZING BANNING OF CHOKEHOLDS AND 

10 CAROTID HOLDS. 

11 (a) DEFINITION.—In this section, the term ‘‘chokehold 

12 or carotid hold’’ means the application of any pressure to 

13 the throat or windpipe, the use of maneuvers that restrict 

14 blood or oxygen flow to the brain, or carotid artery re15 straints that prevent or hinder breathing or reduce intake 

16 of air of an individual. 

17 (b) LIMITATION ON ELIGIBILITY FOR FUNDS.—Begin18 ning in the first fiscal year that begins after the date that 

19 is one year after the date of enactment of this Act, a State 

20 or unit of local government may not receive funds under 

21 the Byrne grant program or the COPS grant program for 

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

23 year, the State or unit of local government does not have 

24 in effect a law that prohibits law enforcement officers in 


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1 the State or unit of local government from using a chokehold 

2 or carotid hold. 

3 (c) CHOKEHOLDS AS CIVIL RIGHTS VIOLATIONS.— 

4 (1) SHORT TITLE.—This subsection may be cited 

5 as the ‘‘Eric Garner Excessive Use of Force Preven6 tion Act’’. 

7 (2) CHOKEHOLDS AS CIVIL RIGHTS VIOLA8 TIONS.—Section 242 of title 18, United States Code, 

9 as amended by section 101, is amended by adding at 

10 the end the following: ‘‘For the purposes of this sec11 tion, the application of any pressure to the throat or 

12 windpipe, use of maneuvers that restrict blood or oxy13 gen flow to the brain, or carotid artery restraints 

14 which prevent or hinder breathing or reduce intake of 

15 air is a punishment, pain, or penalty.’’. 

16 SEC. 364. PEACE ACT. 

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

18 ‘‘Police Exercising Absolute Care With Everyone Act of 

19 2020’’ or the ‘‘PEACE Act of 2020’’. 

20 (b) USE OF FORCE BY FEDERAL LAW ENFORCEMENT

21 OFFICERS.— 

22 (1) DEFINITIONS.—In this subsection: 

23 (A) DEESCALATION TACTICS AND TECH24 NIQUES.—The term ‘‘deescalation tactics and 

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1 proaches used by a Federal law enforcement offi2 cer to stabilize the situation so that more time, 

3 options, and resources are available to gain a 

4 person’s voluntary compliance and reduce or 

5 eliminate the need to use force, including verbal 

6 persuasion, warnings, tactical techniques, slow7 ing down the pace of an incident, waiting out a 

8 subject, creating distance between the officer and 

9 the threat, and requesting additional resources to 

10 resolve the incident. 

11 (B) NECESSARY.—The term ‘‘necessary’’ 

12 means that another reasonable Federal law en13 forcement officer would objectively conclude, 

14 under the totality of the circumstances, that there 

15 was no reasonable alternative to the use of force. 

16 (C) REASONABLE ALTERNATIVES.— 

17 (i) IN GENERAL.—The term ‘‘reason18 able alternatives’’ means tactics and meth19 ods used by a Federal law enforcement offi20 cer to effectuate an arrest that do not un21 reasonably increase the risk posed to the law 

22 enforcement officer or another person, in23 cluding verbal communication, distance, 

24 warnings, deescalation tactics and tech25 niques, tactical repositioning, and other tacVerDate Sep 11 2014 16:08 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6203 E:\BILLS\H7120.RH H7120

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1 tics and techniques intended to stabilize the 

2 situation and reduce the immediacy of the 

3 risk so that more time, options, and re4 sources can be called upon to resolve the sit5 uation without the use of force. 

6 (ii) DEADLY FORCE.—With respect to 

7 the use of deadly force, the term ‘‘reasonable 

8 alternatives’’ includes the use of less lethal 

9 force. 

10 (D) TOTALITY OF THE CIRCUMSTANCES.— 

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

12 all credible facts known to the Federal law en13 forcement officer leading up to and at the time 

14 of the use of force, including the actions of the 

15 person against whom the Federal law enforce16 ment officer uses such force and the actions of the 

17 Federal law enforcement officer. 

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

19 Federal law enforcement officer may not use any less 

20 lethal force unless— 

21 (A) the form of less lethal force used is nec22 essary and proportional in order to effectuate an 

23 arrest of a person who the officer has probable 

24 cause to believe has committed a criminal of25 fense; and 


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1 (B) reasonable alternatives to the use of the 

2 form of less lethal force have been exhausted. 

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

4 A Federal law enforcement officer may not use deadly 

5 force against a person unless— 

6 (A) the form of deadly force used is nec7 essary, as a last resort, to prevent imminent and 

8 serious bodily injury or death to the officer or 

9 another person; 

10 (B) the use of the form of deadly force cre11 ates no substantial risk of injury to a third per12 son; and 

13 (C) reasonable alternatives to the use of the 

14 form of deadly force have been exhausted. 

15 (4) REQUIREMENT TO GIVE VERBAL WARNING.— 

16 When feasible, prior to using force against a person, 

17 a Federal law enforcement officer shall identify him18 self or herself as a Federal law enforcement officer, 

19 and issue a verbal warning to the person that the 

20 Federal law enforcement officer seeks to apprehend, 

21 which shall— 

22 (A) include a request that the person sur23 render to the law enforcement officer; and 


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1 (B) notify the person that the law enforce2 ment officer will use force against the person if 

3 the person resists arrest or flees. 

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

5 than 120 days after the date of enactment of this Act, 

6 the Attorney General, in consultation with impacted 

7 persons, communities, and organizations, including 

8 representatives of civil and human rights organiza9 tions, victims of police use of force, and representa10 tives of law enforcement associations, shall provide 

11 guidance to Federal law enforcement agencies on— 

12 (A) the types of less lethal force and deadly 

13 force that are prohibited under paragraphs (2) 

14 and (3); and 

15 (B) how a Federal law enforcement officer 

16 can— 

17 (i) assess whether the use of force is ap18 propriate and necessary; and 

19 (ii) use the least amount of force when 

20 interacting with— 

21 (I) pregnant individuals; 

22 (II) children and youth under 21 

23 years of age; 

24 (III) elderly persons; 


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1 (IV) persons with mental, behav2 ioral, or physical disabilities or im3 pairments; 

4 (V) persons experiencing percep5 tual or cognitive impairments due to 

6 use of alcohol, narcotics, hallucinogens, 

7 or other drugs; 

8 (VI) persons suffering from a seri9 ous medical condition; and 

10 (VII) persons with limited 

11 English proficiency. 

12 (6) TRAINING.—The Attorney General shall pro13 vide training to Federal law enforcement officers on 

14 interacting people described in subclauses (I) through 

15 (VII) of paragraph (5)(B)(ii). 

16 (7) LIMITATION ON JUSTIFICATION DEFENSE.— 

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

18 United States Code, is amended by adding at the 

19 end the following: 

20 ‘‘§ 1123. Limitation on justification defense for Fed21 eral law enforcement officers 

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

23 under section 1111 or 1112 that the use of less lethal force 

24 or deadly force by a Federal law enforcement officer was 

25 justified if— 


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1 ‘‘(1) that officer’s use of use of such force was in2 consistent with section 364(b) of the George Floyd 

3 Justice in Policing Act of 2020; or 

4 ‘‘(2) that officer’s gross negligence, leading up to 

5 and at the time of the use of force, contributed to the 

6 necessity of the use of such force. 

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

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

9 force’ have the meanings given such terms in section 

10 2 and section 364 of the George Floyd Justice in Po11 licing Act of 2020; and 

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

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

14 (B) CLERICAL AMENDMENT.—The table of 

15 sections for chapter 51 of title 18, United States 

16 Code, is amended by inserting after the item re17 lating to section 1122 the following: 

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

18 (c) LIMITATION ON THE RECEIPT OF FUNDS UNDER

19 THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE

20 GRANT PROGRAM.— 

21 (1) LIMITATION.—A State or unit of local gov22 ernment, other than an Indian Tribe, may not receive 

23 funds that the State or unit of local government 

24 would otherwise receive under a Byrne grant program 

25 for a fiscal year if, on the day before the first day of 


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1 the fiscal year, the State or unit of local government 

2 does not have in effect a law that is consistent with 

3 subsection (b) of this section and section 1123 of title 

4 18, United States Code, as determined by the Attor5 ney General. 

6 (2) SUBSEQUENT ENACTMENT.— 

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

8 paragraph (1) are withheld from a State or unit 

9 of local government pursuant to paragraph (1) 

10 for 1 or more fiscal years, and the State or unit 

11 of local government enacts or puts in place a law 

12 described in paragraph (1), and demonstrates 

13 substantial efforts to enforce such law, subject to 

14 subparagraph (B), the State or unit of local gov15 ernment shall be eligible, in the fiscal year after 

16 the fiscal year during which the State or unit of 

17 local government demonstrates such substantial 

18 efforts, to receive the total amount that the State 

19 or unit of local government would have received 

20 during each fiscal year for which funds were 

21 withheld. 

22 (B) LIMIT ON AMOUNT OF PRIOR YEAR

23 FUNDS.—A State or unit of local government 

24 may not receive funds under subparagraph (A) 

25 in an amount that is more than the amount 


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1 withheld from the State or unit of local govern2 ment during the 5-fiscal-year period before the 

3 fiscal year during which funds are received 

4 under subparagraph (A). 

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

6 the date of enactment of this Act, the Attorney Gen7 eral, in consultation with impacted persons, commu8 nities, and organizations, including representatives of 

9 civil and human rights organizations, individuals 

10 against whom a law enforcement officer used force, 

11 and representatives of law enforcement associations, 

12 shall make guidance available to States and units of 

13 local government on the criteria that the Attorney 

14 General will use in determining whether the State or 

15 unit of local government has in place a law described 

16 in paragraph (1). 

17 (4) APPLICATION.—This subsection shall apply 

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

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

20 and each fiscal year thereafter. 

21 SEC. 365. STOP MILITARIZING LAW ENFORCEMENT ACT. 

22 (a) FINDINGS.—Congress makes the following findings: 

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

24 States Code, the Department of Defense is authorized 

25 to provide excess property to local law enforcement 


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1 agencies. The Defense Logistics Agency, administers 

2 such section by operating the Law Enforcement Sup3 port Office program. 

4 (2) New and used material, including mine-re5 sistant ambush-protected vehicles and weapons deter6 mined by the Department of Defense to be ‘‘military 

7 grade’’ are transferred to Federal, Tribal, State, and 

8 local law enforcement agencies through the program. 

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

10 including police and sheriff’s departments, are ac11 quiring this material for use in their normal oper12 ations. 

13 (4) As a result of the wars in Iraq and Afghani14 stan, military equipment purchased for, and used in, 

15 those wars has become excess property and has been 

16 made available for transfer to local and Federal law 

17 enforcement agencies. 

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

19 property was transferred to law enforcement agencies. 

20 (6) More than $6,800,000,000 worth of weapons 

21 and equipment have been transferred to police organi22 zations in all 50 States and four territories through 

23 the program. 

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

25 instituted a moratorium on weapons transfers 


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1 through the program after reports of missing equip2 ment and inappropriate weapons transfers. 

3 (8) Though the moratorium was widely pub4 licized, it was lifted in October 2013 without adequate 

5 safeguards. 

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

7 Obama issued Executive Order 13688 to better coordi8 nate and regulate the federal transfer of military 

9 weapons and equipment to State, local, and Tribal 

10 law enforcement agencies. 

11 (10) In July, 2017, the Government Account12 ability Office reported that the program’s internal 

13 controls were inadequate to prevent fraudulent appli14 cants’ access to the program. 

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

16 Trump rescinded Executive Order 13688 despite a 

17 July 2017 Government Accountability Office report 

18 finding deficiencies with the administration of the 

19 1033 program. 

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

21 enforcement departments across the country are eligi22 ble again to acquire free ‘‘military-grade’’ weapons 

23 and equipment that could be used inappropriately 

24 during policing efforts in which people and taxpayers 

25 could be harmed. 


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1 (13) The Department of Defense categorizes 

2 equipment eligible for transfer under the 1033 pro3 gram as ‘‘controlled’’ and ‘‘un-controlled’’ equipment. 

4 ‘‘Controlled equipment’’ includes weapons, explosives 

5 such as flash-bang grenades, mine-resistant ambush6 protected vehicles, long-range acoustic devices, aircraft 

7 capable of being modified to carry armament that are 

8 combat coded, and silencers, among other military 

9 grade items. 

10 (b) LIMITATION ON DEPARTMENT OF DEFENSE TRANS11 FER OF PERSONAL PROPERTY TO LOCAL LAW ENFORCE12 MENT AGENCIES.— 

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

14 United States Code, is amended— 

15 (A) in subsection (a)— 

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

17 ‘‘counterdrug, counterterrorism, and border 

18 security activities’’ and inserting ‘‘counter19 terrorism’’; and 

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

21 the Director of National Drug Control Pol22 icy,’’; 

23 (B) in subsection (b)— 

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

25 ‘‘and’’ at the end; 


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

2 period and inserting a semicolon; and 

3 (iii) by adding at the end the following 

4 new paragraphs: 

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

6 Defense a description of how the recipient expects to 

7 use the property; 

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

9 Defense that if the recipient determines that the prop10 erty is surplus to the needs of the recipient, the recipi11 ent will return the property to the Department of De12 fense; 

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

14 Federal agency, the recipient certifies to the Depart15 ment of Defense that the recipient notified the local 

16 community of the request for personal property under 

17 this section by— 

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

19 a publicly accessible Internet website; 

20 ‘‘(B) posting such notice at several promi21 nent locations in the jurisdiction of the recipient; 

22 and 

23 ‘‘(C) ensuring that such notices were avail24 able to the local community for a period of not 

25 less than 30 days; and 


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

2 the city council or other local governing body to ac3 quire the personal property sought under this sec4 tion.’’; 

5 (C) by striking subsection (d); 

6 (D) by redesignating subsections (e) and (f) 

7 as subsections (o) and (p), respectively; and 

8 (E) by inserting after subsection (c) the fol9 lowing new subsections: 

10 ‘‘(d) ANNUAL CERTIFICATION ACCOUNTING FOR

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

12 Secretary shall submit to Congress certification in writing 

13 that each Federal or State agency to which the Secretary 

14 has transferred property under this section— 

15 ‘‘(A) has provided to the Secretary documenta16 tion accounting for all controlled property, including 

17 arms and ammunition, that the Secretary has trans18 ferred to the agency, including any item described in 

19 subsection (f) so transferred before the date of the en20 actment of the George Floyd Justice in Policing Act 

21 of 2020; and 

22 ‘‘(B) with respect to a non-Federal agency, car23 ried out each of paragraphs (5) through (8) of sub24 section (b). 


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1 ‘‘(2) If the Secretary does not provide a certification 

2 under paragraph (1) for a Federal or State agency, the Sec3 retary may not transfer additional property to that agency 

4 under this section. 

5 ‘‘(e) ANNUAL REPORT ON EXCESS PROPERTY.—Before 

6 making any property available for transfer under this sec7 tion, the Secretary shall annually submit to Congress a de8 scription of the property to be transferred together with a 

9 certification that the transfer of the property would not vio10 late this section or any other provision of law. 

11 ‘‘(f) LIMITATIONS ON TRANSFERS.—(1) The Secretary 

12 may not transfer to Federal, Tribal, State, or local law en13 forcement agencies the following under this section: 

14 ‘‘(A) Controlled firearms, ammunition, bayonets, 

15 grenade launchers, grenades (including stun and 

16 flash-bang),and explosives. 

17 ‘‘(B) Controlled vehicles, highly mobile multi18 wheeled vehicles, mine-resistant ambush-protected ve19 hicles, trucks, truck dump, truck utility, and truck 

20 carryall. 

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

22 both. 

23 ‘‘(D) Controlled aircraft that— 

24 ‘‘(i) are combat configured or combat coded; 

25 or 


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1 ‘‘(ii) have no established commercial flight 

2 application. 

3 ‘‘(E) Silencers. 

4 ‘‘(F) Long-range acoustic devices. 

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

6 banned items. 

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

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

9 agency demonstrate the use of any small arms or ammuni10 tion. 

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

12 apply with respect to the transfer of previously transferred 

13 property of the Department of Defense from one Federal or 

14 State agency to another such agency. 

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

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

17 of such paragraph (other than a mine-resistant ambush18 protected vehicle), if the Secretary determines that such a 

19 waiver is necessary for disaster or rescue purposes or for 

20 another purpose where life and public safety are at risk, 

21 as demonstrated by the proposed recipient of the vehicle. 

22 ‘‘(B) If the Secretary issues a waiver under subpara23 graph (A), the Secretary shall— 

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

25 post such notice on a public Internet website of the 


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1 Department, by not later than 30 days after the date 

2 on which the waiver is issued; and 

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

4 the recipient of the vehicle for which the waiver is 

5 issued provides public notice of the waiver and the 

6 transfer, including the type of vehicle and the purpose 

7 for which it is transferred, in the jurisdiction where 

8 the recipient is located by not later than 30 days after 

9 the date on which the waiver is issued. 

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

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

12 in the case of parts for aircraft described in such subpara13 graph that are transferred as part of regular maintenance 

14 of aircraft in an existing fleet. 

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

16 transfer of property under this section, that the Federal or 

17 State agency that receives the property shall return the 

18 property to the Secretary if the agency— 

19 ‘‘(A) is investigated by the Department of Justice 

20 for any violation of civil liberties; or 

21 ‘‘(B) is otherwise found to have engaged in wide22 spread abuses of civil liberties. 

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

24 Notwithstanding any other provision of law, amounts au25 thorized to be appropriated or otherwise made available for 


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1 any fiscal year may not be obligated or expended to carry 

2 out this section unless the Secretary submits to Congress 

3 certification that for the preceding fiscal year that— 

4 ‘‘(1) each Federal or State agency that has re5 ceived controlled property transferred under this sec6 tion has— 

7 ‘‘(A) demonstrated 100 percent account8 ability for all such property, in accordance with 

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

10 ‘‘(B) been suspended from the program pur11 suant to paragraph (4); 

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

13 that has received controlled property under this sec14 tion, the State coordinator responsible for each such 

15 agency has verified that the coordinator or an agent 

16 of the coordinator has conducted an in-person inven17 tory of the property transferred to the agency and 

18 that 100 percent of such property was accounted for 

19 during the inventory or that the agency has been sus20 pended from the program pursuant to paragraph (4); 

21 ‘‘(3) with respect to each Federal agency that has 

22 received controlled property under this section, the 

23 Secretary of Defense or an agent of the Secretary has 

24 conducted an in-person inventory of the property 

25 transferred to the agency and that 100 percent of such 


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1 property was accounted for during the inventory or 

2 that the agency has been suspended from the program 

3 pursuant to paragraph (4); 

4 ‘‘(4) the eligibility of any agency that has re5 ceived controlled property under this section for which 

6 100 percent of the property was not accounted for 

7 during an inventory described in paragraph (1) or 

8 (2), as applicable, to receive any property transferred 

9 under this section has been suspended; and 

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

11 each non-Federal agency located in the State for 

12 which the State coordinator is responsible that— 

13 ‘‘(A) the agency has complied with all re14 quirements under this section; or 

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

16 property transferred under this section has been 

17 suspended; and 

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

19 each Federal agency that has received property under 

20 this section that— 

21 ‘‘(A) the agency has complied with all re22 quirements under this section; or 

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

24 property transferred under this section has been 

25 suspended. 


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1 ‘‘(h) PROHIBITION ON OWNERSHIP OF CONTROLLED

2 PROPERTY.—A Federal or State agency that receives con3 trolled property under this section may not take ownership 

4 of the property. 

5 ‘‘(i) NOTICE TO CONGRESS OF PROPERTY DOWN6 GRADES.—Not later than 30 days before downgrading the 

7 classification of any item of personal property from con8 trolled or Federal Supply Class, the Secretary shall submit 

9 to Congress notice of the proposed downgrade. 

10 ‘‘(j) NOTICE TO CONGRESS OF PROPERTY CANNIBAL11 IZATION.—Before the Defense Logistics Agency authorizes 

12 the recipient of property transferred under this section to 

13 cannibalize the property, the Secretary shall submit to Con14 gress notice of such authorization, including the name of 

15 the recipient requesting the authorization, the purpose of 

16 the proposed cannibalization, and the type of property pro17 posed to be cannibalized. 

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

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

20 a fiscal quarter, the Secretary shall submit to Congress a 

21 report on any uses of controlled property transferred under 

22 this section during that fiscal quarter. 

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

24 after the last day of a fiscal year, the Secretary shall submit 


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1 to Congress a report on the following for the preceding fiscal 

2 year: 

3 ‘‘(1) The percentage of equipment lost by recipi4 ents of property transferred under this section, in5 cluding specific information about the type of prop6 erty lost, the monetary value of such property, and 

7 the recipient that lost the property. 

8 ‘‘(2) The transfer of any new (condition code A) 

9 property transferred under this section, including spe10 cific information about the type of property, the re11 cipient of the property, the monetary value of each 

12 item of the property, and the total monetary value of 

13 all such property transferred during the fiscal year.’’. 

14 (2) EFFECTIVE DATE.—The amendments made 

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

16 transfer of property made after the date of the enact17 ment of this Act. 

18 SEC. 366. PUBLIC SAFETY INNOVATION GRANTS. 

19 (a) BYRNE GRANTS USED FOR LOCAL TASK FORCES

20 ON PUBLIC SAFETY INNOVATION.—Section 501(a) of the 

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

22 U.S.C. 10151(a)), as amended by this Act, is further 

23 amended by adding at the end the following: 

24 ‘‘(3) LOCAL TASK FORCES ON PUBLIC SAFETY IN25 NOVATION.— 


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1 ‘‘(A) IN GENERAL.—A law enforcement pro2 gram under paragraph (1)(A) may include the 

3 development of best practices for and the creation 

4 of local task forces on public safety innovation, 

5 charged with exploring and developing new 

6 strategies for public safety, including non-law 

7 enforcement strategies. 

8 ‘‘(B) DEFINITION.—The term ‘local task 

9 force on public safety innovation’ means an ad10 ministrative entity, created from partnerships 

11 between community-based organizations and 

12 other local stakeholders, that may develop inno13 vative law enforcement and non-law enforcement 

14 strategies to enhance just and equitable public 

15 safety, repair breaches of trust between law en16 forcement agencies and the community they 

17 pledge to serve, and enhance accountability of 

18 law enforcement officers.’’. 

19 (b) CRISIS INTERVENTION TEAMS.—Section 501(c) of 

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

21 of 1968 (34 U.S.C. 10152(c)) is amended by adding at the 

22 end the following: 

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

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1 ment under this subsection shall contain a report on 

2 best practices for crisis intervention.’’. 

3 (c) USE OF COPS GRANT PROGRAM TO HIRE LAW

4 ENFORCEMENT OFFICERS WHO ARE RESIDENTS OF THE

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

6 the Omnibus Crime Control and Safe Streets Act of 1968 

7 (34 U.S.C. 10381(b)), as amended by this Act, is further 

8 amended— 

9 (1) by redesignating paragraphs (23) and (24) 

10 as paragraphs (26) and (27), respectively; 

11 (2) in paragraph (26), as so redesignated, by 

12 striking ‘‘(22)’’ and inserting ‘‘(25)’’; and 

13 (3) by inserting after paragraph (22) the fol14 lowing: 

15 ‘‘(23) to recruit, hire, incentivize, retain, develop, 

16 and train new, additional career law enforcement of17 ficers or current law enforcement officers who are 

18 willing to relocate to communities— 

19 ‘‘(A) where there are poor or fragmented re20 lationships between police and residents of the 

21 community, or where there are high incidents of 

22 crime; and 

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

24 enforcement officers serve, or that are in close 


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1 proximity to the communities that the law en2 forcement officers serve; 

3 ‘‘(24) to collect data on the number of law en4 forcement officers who are willing to relocate to the 

5 communities where they serve, and whether such law 

6 enforcement officer relocations have impacted crime 

7 in such communities; 

8 ‘‘(25) to develop and publicly report strategies 

9 and timelines to recruit, hire, promote, retain, de10 velop, and train a diverse and inclusive law enforce11 ment workforce, consistent with merit system prin12 ciples and applicable law;’’. 

13 Subtitle C—Law Enforcement Body 

14 Cameras 

15 PART 1—FEDERAL POLICE CAMERA AND 

16 ACCOUNTABILITY ACT 

17 SEC. 371. SHORT TITLE. 

18 This part may be cited as the ‘‘Federal Police Camera 

19 and Accountability Act’’. 

20 SEC. 372. REQUIREMENTS FOR FEDERAL LAW ENFORCE21 MENT OFFICERS REGARDING THE USE OF 

22 BODY CAMERAS. 

23 (a) DEFINITIONS.—In this section: 

24 (1) MINOR.—The term ‘‘minor’’ means any indi25 vidual under 18 years of age. 


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

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

3 (A) means any identifiable Federal law en4 forcement officer or any identifiable suspect, vic5 tim, detainee, conversant, injured party, or other 

6 similarly situated person who appears on the 

7 body camera recording; and 

8 (B) does not include people who only inci9 dentally appear on the recording. 

10 (3) VIDEO FOOTAGE.—The term ‘‘video footage’’ 

11 means any images or audio recorded by a body cam12 era. 

13 (b) REQUIREMENT TO WEAR BODY CAMERA.— 

14 (1) IN GENERAL.—Federal law enforcement offi15 cers shall wear a body camera. 

16 (2) REQUIREMENT FOR BODY CAMERA.—A body 

17 camera required under paragraph (1) shall— 

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

19 the officer’s vision; and 

20 (B) be worn in a manner that maximizes 

21 the camera’s ability to capture video footage of 

22 the officer’s activities. 

23 (c) REQUIREMENT TO ACTIVATE.— 

24 (1) IN GENERAL.—Both the video and audio re25 cording functions of the body camera shall be actiVerDate Sep 11 2014 16:08 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6203 E:\BILLS\H7120.RH H7120

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1 vated whenever a Federal law enforcement officer is 

2 responding to a call for service or at the initiation of 

3 any other law enforcement or investigative stop (as 

4 such term is defined in section 373) between a Fed5 eral law enforcement officer and a member of the pub6 lic, except that when an immediate threat to the offi7 cer’s life or safety makes activating the camera im8 possible or dangerous, the officer shall activate the 

9 camera at the first reasonable opportunity to do so. 

10 (2) ALLOWABLE DEACTIVATION.—The body cam11 era shall not be deactivated until the stop has fully 

12 concluded and the Federal law enforcement officer 

13 leaves the scene. 

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

15 Federal law enforcement officer who is wearing a body cam16 era shall notify any subject of the recording that he or she 

17 is being recorded by a body camera as close to the inception 

18 of the stop as is reasonably possible. 

19 (e) REQUIREMENTS.—Notwithstanding subsection (c), 

20 the following shall apply to the use of a body camera: 

21 (1) Prior to entering a private residence without 

22 a warrant or in non-exigent circumstances, a Federal 

23 law enforcement officer shall ask the occupant if the 

24 occupant wants the officer to discontinue use of the of25 ficer’s body camera. If the occupant responds affirmaVerDate Sep 11 2014 16:08 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6203 E:\BILLS\H7120.RH H7120

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1 tively, the Federal law enforcement officer shall imme2 diately discontinue use of the body camera. 

3 (2) When interacting with an apparent crime 

4 victim, a Federal law enforcement officer shall, as 

5 soon as practicable, ask the apparent crime victim if 

6 the apparent crime victim wants the officer to dis7 continue use of the officer’s body camera. If the ap8 parent crime victim responds affirmatively, the Fed9 eral law enforcement officer shall immediately dis10 continue use of the body camera. 

11 (3) When interacting with a person seeking to 

12 anonymously report a crime or assist in an ongoing 

13 law enforcement investigation, a Federal law enforce14 ment officer shall, as soon as practicable, ask the per15 son seeking to remain anonymous, if the person seek16 ing to remain anonymous wants the officer to dis17 continue use of the officer’s body camera. If the person 

18 seeking to remain anonymous responds affirmatively, 

19 the Federal law enforcement officer shall immediately 

20 discontinue use of the body camera. 

21 (f) RECORDING OF OFFERS TO DISCONTINUE USE OF

22 BODY CAMERA.—Each offer of a Federal law enforcement 

23 officer to discontinue the use of a body camera made pursu24 ant to subsection (e), and the responses thereto, shall be reVerDate Sep 11 2014 16:08 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6203 E:\BILLS\H7120.RH H7120

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1 corded by the body camera prior to discontinuing use of 

2 the body camera. 

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

4 cameras shall not be used to gather intelligence information 

5 based on First Amendment protected speech, associations, 

6 or religion, or to record activity that is unrelated to a re7 sponse to a call for service or a law enforcement or inves8 tigative stop between a law enforcement officer and a mem9 ber of the public, and shall not be equipped with or employ 

10 any real time facial recognition technologies. 

11 (h) EXCEPTIONS.—Federal law enforcement officers— 

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

13 during investigative or enforcement stops with the 

14 public in the case that— 

15 (A) recording would risk the safety of a con16 fidential informant, citizen informant, or under17 cover officer; 

18 (B) recording would pose a serious risk to 

19 national security; or 

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

21 member of the United States Army Criminal In22 vestigation Command, or a protective detail as23 signed to a Federal or foreign official while per24 forming his or her duties; and 


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1 (2) shall not activate a body camera while on the 

2 grounds of any public, private or parochial elemen3 tary or secondary school, except when responding to 

4 an imminent threat to life or health. 

5 (i) RETENTION OF FOOTAGE.— 

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

7 shall be retained by the law enforcement agency that 

8 employs the officer whose camera captured the footage, 

9 or an authorized agent thereof, for 6 months after the 

10 date it was recorded, after which time such footage 

11 shall be permanently deleted. 

12 (2) RIGHT TO INSPECT.—During the 6-month re13 tention period described in paragraph (1), the fol14 lowing persons shall have the right to inspect the body 

15 camera footage: 

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

17 camera video footage, and their designated legal 

18 counsel. 

19 (B) A parent or legal guardian of a minor 

20 subject of body camera video footage, and their 

21 designated legal counsel. 

22 (C) The spouse, next of kin, or legally au23 thorized designee of a deceased subject of body 

24 camera video footage, and their designated legal 

25 counsel. 


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1 (D) A Federal law enforcement officer whose 

2 body camera recorded the video footage, and 

3 their designated legal counsel, subject to the limi4 tations and restrictions in this part. 

5 (E) The superior officer of a Federal law 

6 enforcement officer whose body camera recorded 

7 the video footage, subject to the limitations and 

8 restrictions in this part. 

9 (F) Any defense counsel who claims, pursu10 ant to a written affidavit, to have a reasonable 

11 basis for believing a video may contain evidence 

12 that exculpates a client. 

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

14 subsection (j)(1) shall not include the right to possess 

15 a copy of the body camera video footage, unless the 

16 release of the body camera footage is otherwise author17 ized by this part or by another applicable law. When 

18 a body camera fails to capture some or all of the 

19 audio or video of an incident due to malfunction, dis20 placement of camera, or any other cause, any audio 

21 or video footage that is captured shall be treated the 

22 same as any other body camera audio or video footage 

23 under this part. 

24 (j) ADDITIONAL RETENTION REQUIREMENTS.—Not25 withstanding the retention and deletion requirements in 


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1 subsection (i), the following shall apply to body camera 

2 video footage under this part: 

3 (1) Body camera video footage shall be automati4 cally retained for not less than 3 years if the video 

5 footage captures an interaction or event involving— 

6 (A) any use of force; or 

7 (B) an stop about which a complaint has 

8 been registered by a subject of the video footage. 

9 (2) Body camera video footage shall be retained 

10 for not less than 3 years if a longer retention period 

11 is voluntarily requested by— 

12 (A) the Federal law enforcement officer 

13 whose body camera recorded the video footage, if 

14 that officer reasonably asserts the video footage 

15 has evidentiary or exculpatory value in an ongo16 ing investigation; 

17 (B) any Federal law enforcement officer 

18 who is a subject of the video footage, if that offi19 cer reasonably asserts the video footage has evi20 dentiary or exculpatory value; 

21 (C) any superior officer of a Federal law 

22 enforcement officer whose body camera recorded 

23 the video footage or who is a subject of the video 

24 footage, if that superior officer reasonably asserts 


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1 the video footage has evidentiary or exculpatory 

2 value; 

3 (D) any Federal law enforcement officer, if 

4 the video footage is being retained solely and ex5 clusively for police training purposes; 

6 (E) any member of the public who is a sub7 ject of the video footage; 

8 (F) any parent or legal guardian of a 

9 minor who is a subject of the video footage; or 

10 (G) a deceased subject’s spouse, next of kin, 

11 or legally authorized designee. 

12 (k) PUBLIC REVIEW.—For purposes of subparagraphs 

13 (E), (F), and (G) of subsection (j)(2), any member of the 

14 public who is a subject of video footage, the parent or legal 

15 guardian of a minor who is a subject of the video footage, 

16 or a deceased subject’s next of kin or legally authorized des17 ignee, shall be permitted to review the specific video footage 

18 in question in order to make a determination as to whether 

19 they will voluntarily request it be subjected to a minimum 

20 3-year retention period. 

21 (l) DISCLOSURE.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), all video footage of an interaction or event 

24 captured by a body camera, if that interaction or 

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1 quested by a member of the public, shall be provided 

2 to the person or entity making the request in accord3 ance with the procedures for requesting and providing 

4 government records set forth in the section 552a of 

5 title 5, United States Code. 

6 (2) EXCEPTIONS.—The following categories of 

7 video footage shall not be released to the public in the 

8 absence of express written permission from the non9 law enforcement subjects of the video footage: 

10 (A) Video footage not subject to a minimum 

11 3-year retention period pursuant to subsection 

12 (j). 

13 (B) Video footage that is subject to a min14 imum 3-year retention period solely and exclu15 sively pursuant to paragraph (1)(B) or (2) of 

16 subsection (j). 

17 (3) PRIORITY OF REQUESTS.—Notwithstanding 

18 any time periods established for acknowledging and 

19 responding to records requests in section 552a of title 

20 5, United States Code, responses to requests for video 

21 footage that is subject to a minimum 3-year retention 

22 period pursuant to subsection (j)(1)(A), where a sub23 ject of the video footage is recorded being killed, shot 

24 by a firearm, or grievously injured, shall be 

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1 age shall be provided as expeditiously as possible, but 

2 in no circumstances later than 5 days following re3 ceipt of the request. 

4 (4) USE OF REDACTION TECHNOLOGY.— 

5 (A) IN GENERAL.—Whenever doing so is 

6 necessary to protect personal privacy, the right 

7 to a fair trial, the identity of a confidential 

8 source or crime victim, or the life or physical 

9 safety of any person appearing in video footage, 

10 redaction technology may be used to obscure the 

11 face and other personally identifying characteris12 tics of that person, including the tone of the per13 son’s voice, provided the redaction does not inter14 fere with a viewer’s ability to fully, completely, 

15 and accurately comprehend the events captured 

16 on the video footage. 

17 (B) REQUIREMENTS.—The following re18 quirements shall apply to redactions under sub19 paragraph (A): 

20 (i) When redaction is performed on 

21 video footage pursuant to this paragraph, 

22 an unedited, original version of the video 

23 footage shall be retained pursuant to the re24 quirements of subsections (i) and (j). 


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1 (ii) Except pursuant to the rules for 

2 the redaction of video footage set forth in 

3 this subsection or where it is otherwise ex4 pressly authorized by this Act, no other ed5 iting or alteration of video footage, includ6 ing a reduction of the video footage’s resolu7 tion, shall be permitted. 

8 (m) PROHIBITED WITHHOLDING OF FOOTAGE.—Body 

9 camera video footage may not be withheld from the public 

10 on the basis that it is an investigatory record or was com11 piled for law enforcement purposes where any person under 

12 investigation or whose conduct is under review is a police 

13 officer or other law enforcement employee and the video foot14 age relates to that person’s conduct in their official capac15 ity. 

16 (n) ADMISSIBILITY.—Any video footage retained be17 yond 6 months solely and exclusively pursuant to subsection 

18 (j)(2)(D) shall not be admissible as evidence in any crimi19 nal or civil legal or administrative proceeding. 

20 (o) CONFIDENTIALITY.—No government agency or offi21 cial, or law enforcement agency, officer, or official may pub22 licly disclose, release, or share body camera video footage 

23 unless— 

24 (1) doing so is expressly authorized pursuant to 

25 this part or another applicable law; or 


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1 (2) the video footage is subject to public release 

2 pursuant to subsection (l), and not exempted from 

3 public release pursuant to subsection (l)(1). 

4 (p) LIMITATION ON FEDERAL LAW ENFORCEMENT OF5 FICER VIEWING OF BODY CAMERA FOOTAGE.—No Federal 

6 law enforcement officer shall review or receive an account7 ing of any body camera video footage that is subject to a 

8 minimum 3-year retention period pursuant to subsection 

9 (j)(1) prior to completing any required initial reports, 

10 statements, and interviews regarding the recorded event, 

11 unless doing so is necessary, while in the field, to address 

12 an immediate threat to life or safety. 

13 (q) ADDITIONAL LIMITATIONS.—Video footage may not 

14 be— 

15 (1) in the case of footage that is not subject to 

16 a minimum 3-year retention period, viewed by any 

17 superior officer of a Federal law enforcement officer 

18 whose body camera recorded the footage absent a spe19 cific allegation of misconduct; or 

20 (2) divulged or used by any law enforcement 

21 agency for any commercial or other non-law enforce22 ment purpose. 

23 (r) THIRD PARTY MAINTENANCE OF FOOTAGE.— 

24 Where a law enforcement agency authorizes a third party 

25 to act as its agent in maintaining body camera footage, 


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1 the agent shall not be permitted to independently access, 

2 view, or alter any video footage, except to delete videos as 

3 required by law or agency retention policies. 

4 (s) ENFORCEMENT.— 

5 (1) IN GENERAL.—If any Federal law enforce6 ment officer, or any employee or agent of a Federal 

7 law enforcement agency fails to adhere to the record8 ing or retention requirements contained in this part, 

9 intentionally interferes with a body camera’s ability 

10 to accurately capture video footage, or otherwise ma11 nipulates the video footage captured by a body cam12 era during or after its operation— 

13 (A) appropriate disciplinary action shall be 

14 taken against the individual officer, employee, or 

15 agent; 

16 (B) a rebuttable evidentiary presumption 

17 shall be adopted in favor of a criminal defendant 

18 who reasonably asserts that exculpatory evidence 

19 was destroyed or not captured; and 

20 (C) a rebuttable evidentiary presumption 

21 shall be adopted on behalf of a civil plaintiff 

22 suing the Government, a Federal law enforce23 ment agency, or a Federal law enforcement offi24 cer for damages based on misconduct who reaVerDate Sep 11 2014 16:08 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6203 E:\BILLS\H7120.RH H7120

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1 sonably asserts that evidence supporting their 

2 claim was destroyed or not captured. 

3 (2) PROOF COMPLIANCE WAS IMPOSSIBLE.—The 

4 disciplinary action requirement and rebuttable pre5 sumptions described in paragraph (1) may be over6 come by contrary evidence or proof of exigent cir7 cumstances that made compliance impossible. 

8 (t) USE OF FORCE INVESTIGATIONS.—In the case that 

9 a Federal law enforcement officer equipped with a body 

10 camera is involved in, a witness to, or within viewable sight 

11 range of either the use of force by another law enforcement 

12 officer that results in a death, the use of force by another 

13 law enforcement officer, during which the discharge of a 

14 firearm results in an injury, or the conduct of another law 

15 enforcement officer that becomes the subject of a criminal 

16 investigation— 

17 (1) the law enforcement agency that employs the 

18 law enforcement officer, or the agency or department 

19 conducting the related criminal investigation, as ap20 propriate, shall promptly take possession of the body 

21 camera, and shall maintain such camera, and any 

22 data on such camera, in accordance with the applica23 ble rules governing the preservation of evidence; 


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1 (2) a copy of the data on such body camera shall 

2 be made in accordance with prevailing forensic stand3 ards 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 EVIDENCE.— 

7 Any body camera video footage recorded by a Federal law 

8 enforcement officer that violates this part or any other ap9 plicable law may not be offered as evidence by any govern10 ment entity, agency, department, prosecutorial office, or 

11 any other subdivision thereof in any criminal or civil ac12 tion or proceeding against any member of the public. 

13 (v) PUBLICATION OF AGENCY POLICIES.—Any Federal 

14 law enforcement agency policy or other guidance regarding 

15 body cameras, their use, or the video footage therefrom that 

16 is adopted by a Federal agency or department, shall be 

17 made publicly available on that agency’s website. 

18 (w) RULE OF CONSTRUCTION.—Nothing in this part 

19 shall be construed to preempt any laws governing the main20 tenance, production, and destruction of evidence in crimi21 nal 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 a 

3 Federal law enforcement officer and a second party. 

4 (2) EMERGENCY LIGHTS.—The term ‘‘emergency 

5 lights’’ means oscillating, rotating, or flashing lights 

6 on patrol vehicles. 

7 (3) ENFORCEMENT OR INVESTIGATIVE STOP.— 

8 The term ‘‘enforcement or investigative stop’’ means 

9 an action by a Federal law enforcement officer in re10 lation to enforcement and investigation duties, in11 cluding traffic stops, pedestrian stops, abandoned ve12 hicle contacts, motorist assists, commercial motor ve13 hicle stops, roadside safety checks, requests for identi14 fication, or responses to requests for emergency assist15 ance. 

16 (4) IN-CAR VIDEO CAMERA.—The term ‘‘in-car 

17 video camera’’ means a video camera located in a pa18 trol vehicle. 

19 (5) IN-CAR VIDEO CAMERA RECORDING EQUIP20 MENT.—The term ‘‘in-car video camera recording 

21 equipment’’ means a video camera recording system 

22 located in a patrol vehicle consisting of a camera as23 sembly, recording mechanism, and an in-car video re24 cording medium. 


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1 (6) RECORDING.—The term ‘‘recording’’ means 

2 the process of capturing data or information stored 

3 on a recording medium as required under this sec4 tion. 

5 (7) RECORDING MEDIUM.—The term ‘‘recording 

6 medium’’ means any recording medium for the reten7 tion and playback of recorded audio and video in8 cluding VHS, DVD, hard drive, solid state, digital, or 

9 flash memory technology. 

10 (8) WIRELESS MICROPHONE.—The term ‘‘wire11 less microphone’’ means a device worn by a Federal 

12 law enforcement officer or any other equipment used 

13 to record conversations between the officer and a sec14 ond party and transmitted to the recording equip15 ment. 

16 (b) REQUIREMENTS.— 

17 (1) IN GENERAL.—Each Federal law enforcement 

18 agency shall install in-car video camera recording 

19 equipment in all patrol vehicles with a recording me20 dium capable of recording for a period of 10 hours or 

21 more and capable of making audio recordings with 

22 the assistance of a wireless microphone. 

23 (2) RECORDING EQUIPMENT REQUIREMENTS.— 

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1 cording medium capable of recording for a period of 

2 10 hours or more shall record activities— 

3 (A) whenever a patrol vehicle is assigned to 

4 patrol duty; 

5 (B) outside a patrol vehicle whenever— 

6 (i) a Federal law enforcement officer 

7 assigned that patrol vehicle is conducting 

8 an enforcement or investigative stop; 

9 (ii) patrol vehicle emergency lights are 

10 activated or would otherwise be activated if 

11 not for the need to conceal the presence of 

12 law enforcement; or 

13 (iii) an officer reasonably believes re14 cording may assist with prosecution, en15 hance safety, or for any other lawful pur16 pose; and 

17 (C) inside the vehicle when transporting an 

18 arrestee or when an officer reasonably believes 

19 recording may assist with prosecution, enhance 

20 safety, or for any other lawful purpose. 

21 (3) REQUIREMENTS FOR RECORDING.— 

22 (A) IN GENERAL.—A Federal law enforce23 ment officer shall begin recording for an enforce24 ment or investigative stop when the officer deter25 mines an enforcement stop is necessary and shall 


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1 continue until the enforcement action has been 

2 completed and the subject of the enforcement or 

3 investigative stop or the officer has left the scene. 

4 (B) ACTIVATION WITH LIGHTS.—A Federal 

5 law enforcement officer shall begin recording 

6 when patrol vehicle emergency lights are acti7 vated or when they would otherwise be activated 

8 if not for the need to conceal the presence of law 

9 enforcement, and shall continue until the reason 

10 for the activation ceases to exist, regardless of 

11 whether the emergency lights are no longer acti12 vated. 

13 (C) PERMISSIBLE RECORDING.—A Federal 

14 law enforcement officer may begin recording if 

15 the officer reasonably believes recording may as16 sist with prosecution, enhance safety, or for any 

17 other lawful purpose; and shall continue until 

18 the reason for recording ceases to exist. 

19 (4) ENFORCEMENT OR INVESTIGATIVE STOPS.—A 

20 Federal law enforcement officer shall record any en21 forcement or investigative stop. Audio recording shall 

22 terminate upon release of the violator and prior to 

23 initiating a separate criminal investigation. 

24 (c) RETENTION OF RECORDINGS.—Recordings made 

25 on in-car video camera recording medium shall be retained 


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1 for a storage period of at least 90 days. Under no cir2 cumstances shall any recording made on in-car video cam3 era recording medium be altered or erased prior to the expi4 ration of the designated storage period. Upon completion 

5 of the storage period, the recording medium may be erased 

6 and reissued for operational use unless otherwise ordered 

7 or if designated for evidentiary or training purposes. 

8 (d) ACCESSIBILITY OF RECORDINGS.—Audio or video 

9 recordings made pursuant to this section shall be available 

10 under the applicable provisions of section 552a of title 5, 

11 United States Code. Only recorded portions of the audio 

12 recording or video recording medium applicable to the re13 quest will be available for inspection or copying. 

14 (e) MAINTENANCE REQUIRED.—The agency shall en15 sure proper care and maintenance of in-car video camera 

16 recording equipment and recording medium. An officer op17 erating a patrol vehicle must immediately document and 

18 notify the appropriate person of any technical difficulties, 

19 failures, or problems with the in-car video camera recording 

20 equipment or recording medium. Upon receiving notice, 

21 every reasonable effort shall be made to correct and repair 

22 any of the in-car video camera recording equipment or re23 cording medium and determine if it is in the public interest 

24 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 be equipped with or employ 

4 real time facial recognition technology, and footage from 

5 such a camera or recording device may not be subjected to 

6 facial recognition technology. 

7 SEC. 375. GAO STUDY. 

8 Not later than 1 year after the date of enactment of 

9 this Act, the Comptroller General of the United States shall 

10 conduct a study on Federal law enforcement officer train11 ing, vehicle pursuits, use of force, and interaction with citi12 zens, and submit a report on such study to— 

13 (1) the Committees on the Judiciary of the 

14 House of Representatives and of the Senate; 

15 (2) the Committee on Oversight and Reform of 

16 the House of Representatives; and 

17 (3) the Committee on Homeland Security and 

18 Governmental Affairs of the Senate. 

19 SEC. 376. REGULATIONS. 

20 Not later than 6 months after the date of the enactment 

21 of this Act, the Attorney General shall issue such final regu22 lations as are necessary to carry out this part. 

23 SEC. 377. RULE OF CONSTRUCTION. 

24 Nothing in this part shall be construed to impose any 

25 requirement on a Federal law enforcement officer outside 

26 of the course of carrying out that officer’s duty. 


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1 PART 2—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) of 

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

10 of 1968 (34 U.S.C. 10153(a)), as amended by section 334, 

11 is amended by adding at the end the following: 

12 ‘‘(10) An assurance that, for each fiscal year cov13 ered by an application, the applicant will use not less 

14 than 5 percent of the total amount of the grant award 

15 for the fiscal year to develop policies and protocols in 

16 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 et 

19 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 para24 graph (10) of section 502(a) of this title— 

25 ‘‘(1) shall be used— 


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1 ‘‘(A) to purchase or lease body-worn cam2 eras for use by State, local, and tribal law en3 forcement officers (as defined in section 2503); 

4 ‘‘(B) for expenses related to the implementa5 tion of a body-worn camera program in order to 

6 deter excessive force, improve accountability and 

7 transparency of use of force by law enforcement 

8 officers, assist in responding to complaints 

9 against law enforcement officers, and improve 

10 evidence collection; and 

11 ‘‘(C) to implement policies or procedures to 

12 comply with the requirements described in sub13 section (b); and 

14 ‘‘(2) may not be used for expenses related to fa15 cial recognition technology. 

16 ‘‘(b) REQUIREMENTS.—A recipient of a grant under 

17 subpart 1 of part E of this title shall— 

18 ‘‘(1) establish policies and procedures in accord19 ance with the requirements described in subsection (c) 

20 before law enforcement officers use of body-worn cam21 eras; 

22 ‘‘(2) adopt recorded data collection and retention 

23 protocols as described in subsection (d) before law en24 forcement officers use of body-worn cameras; 


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1 ‘‘(3) make the policies and protocols described in 

2 paragraphs (1) and (2) available to the public; and 

3 ‘‘(4) comply with the requirements for use of re4 corded data under subsection (f). 

5 ‘‘(c) REQUIRED POLICIES AND PROCEDURES.—A re6 cipient of a grant under subpart 1 of part E of this title 

7 shall— 

8 ‘‘(1) develop with community input and publish 

9 for public view policies and protocols for— 

10 ‘‘(A) the safe and effective use of body-worn 

11 cameras; 

12 ‘‘(B) the secure storage, handling, and de13 struction of recorded data collected by body-worn 

14 cameras; 

15 ‘‘(C) protecting the privacy rights of any 

16 individual who may be recorded by a body-worn 

17 camera; 

18 ‘‘(D) the release of any recorded data col19 lected by a body-worn camera in accordance 

20 with the open records laws, if any, of the State; 

21 and 

22 ‘‘(E) making recorded data available to 

23 prosecutors, defense attorneys, and other officers 

24 of the court in accordance with subparagraph 

25 (E); and 


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1 ‘‘(2) conduct periodic evaluations of the security 

2 of the storage and handling of the body-worn camera 

3 data. 

4 ‘‘(d) RECORDED DATA COLLECTION AND RETENTION

5 PROTOCOL.—The recorded data collection and retention 

6 protocol described in this paragraph is a protocol that— 

7 ‘‘(1) requires— 

8 ‘‘(A) a law enforcement officer who is wear9 ing a body-worn camera to provide an expla10 nation if an activity that is required to be re11 corded by the body-worn camera is not recorded; 

12 ‘‘(B) a law enforcement officer who is wear13 ing a body-worn camera to obtain consent to be 

14 recorded from a crime victim or witness before 

15 interviewing the victim or witness; 

16 ‘‘(C) the collection of recorded data unre17 lated to a legitimate law enforcement purpose be 

18 minimized to the greatest extent practicable; 

19 ‘‘(D) the system used to store recorded data 

20 collected by body-worn cameras to log all view21 ing, modification, or deletion of stored recorded 

22 data and to prevent, to the greatest extent prac23 ticable, the unauthorized access or disclosure of 

24 stored recorded data; 


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1 ‘‘(E) any law enforcement officer be prohib2 ited from accessing the stored data without an 

3 authorized purpose; and 

4 ‘‘(F) the law enforcement agency to collect 

5 and report statistical data on— 

6 ‘‘(i) incidences of use of force, 

7 disaggregated by race, ethnicity, gender, 

8 and age of the victim; 

9 ‘‘(ii) the number of complaints filed 

10 against law enforcement officers; 

11 ‘‘(iii) the disposition of complaints 

12 filed against law enforcement officers; 

13 ‘‘(iv) the number of times camera foot14 age is used for evidence collection in inves15 tigations of crimes; and 

16 ‘‘(v) any other additional statistical 

17 data that the Director determines should be 

18 collected and reported; 

19 ‘‘(2) allows an individual to file a complaint 

20 with a law enforcement agency relating to the im21 proper use of body-worn cameras; and 

22 ‘‘(3) complies with any other requirements estab23 lished by the Director. 


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1 ‘‘(e) REPORTING.—Statistical data required to be col2 lected under subsection (d)(1)(D) shall be reported to the 

3 Director, who shall— 

4 ‘‘(1) establish a standardized reporting system 

5 for statistical data collected under this program; and 

6 ‘‘(2) establish a national database of statistical 

7 data recorded under this program. 

8 ‘‘(f) USE OR TRANSFER OF RECORDED DATA.— 

9 ‘‘(1) IN GENERAL.—Recorded data collected by 

10 an entity receiving a grant under a grant under sub11 part 1 of part E of this title from a body-worn cam12 era shall be used only in internal and external inves13 tigations of misconduct by a law enforcement agency 

14 or officer, if there is reasonable suspicion that a re15 cording contains evidence of a crime, or for limited 

16 training purposes. The Director shall establish rules 

17 to ensure that the recorded data is used only for the 

18 purposes described in this paragraph. 

19 ‘‘(2) PROHIBITION ON TRANSFER.—Except as 

20 provided in paragraph (3), an entity receiving a 

21 grant under subpart 1 of part E of this title may not 

22 transfer any recorded data collected by the entity 

23 from a body-worn camera to another law enforcement 

24 or intelligence agency. 

25 ‘‘(3) EXCEPTIONS.— 


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1 ‘‘(A) CRIMINAL INVESTIGATION.—An entity 

2 receiving a grant under subpart 1 of part E of 

3 this title may transfer recorded data collected by 

4 the entity from a body-worn camera to another 

5 law enforcement agency or intelligence agency 

6 for use in a criminal investigation if the request7 ing law enforcement or intelligence agency has 

8 reasonable suspicion that the requested data con9 tains evidence relating to the crime being inves10 tigated. 

11 ‘‘(B) CIVIL RIGHTS CLAIMS.—An entity re12 ceiving a grant under subpart 1 of part E of this 

13 title may transfer recorded data collected by the 

14 law enforcement agency from a body-worn cam15 era to another law enforcement agency for use in 

16 an investigation of the violation of any right, 

17 privilege, or immunity secured or protected by 

18 the Constitution or laws of the United States. 

19 ‘‘(g) AUDIT AND ASSESSMENT.— 

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

21 the date of enactment of this part, the Director of the 

22 Office of Audit, Assessment, and Management shall 

23 perform an assessment of the use of funds under this 

24 section and the policies and protocols of the grantees. 


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1 ‘‘(2) REPORTS.—Not later than September 1 of 

2 each year, beginning 2 years after the date of enact3 ment of this part, each recipient of a grant under 

4 subpart 1 of part E of this title shall submit to the 

5 Director of the Office of Audit, Assessment, and Man6 agement a report that— 

7 ‘‘(A) describes the progress of the body-worn 

8 camera program; and 

9 ‘‘(B) contains recommendations on ways in 

10 which the Federal Government, States, and units 

11 of local government can further support the im12 plementation of the program. 

13 ‘‘(3) REVIEW.—The Director of the Office of 

14 Audit, Assessment, and Management shall evaluate 

15 the policies and protocols of the grantees and take 

16 such steps as the Director of the Office of Audit, As17 sessment, and Management determines necessary to 

18 ensure compliance with the program. 

19 ‘‘SEC. 3052. BODY-WORN CAMERA TRAINING TOOLKIT. 

20 ‘‘(a) IN GENERAL.—The Director shall establish and 

21 maintain a body-worn camera training toolkit for law en22 forcement agencies, academia, and other relevant entities to 

23 provide training and technical assistance, including best 

24 practices for implementation, model policies and proce25 dures, and research materials. 


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1 ‘‘(b) MECHANISM.—In establishing the toolkit required 

2 to under subsection (a), the Director may consolidate re3 search, practices, templates, and tools that been developed 

4 by expert and law enforcement agencies across the country. 

5 ‘‘SEC. 3053. STUDY. 

6 ‘‘(a) IN GENERAL.—Not later than 2 years after the 

7 date of enactment of the Police CAMERA Act of 2020, the 

8 Director shall conduct a study on— 

9 ‘‘(1) the efficacy of body-worn cameras in deter10 ring excessive force by law enforcement officers; 

11 ‘‘(2) the impact of body-worn cameras on the ac12 countability and transparency of the use of force by 

13 law enforcement officers; 

14 ‘‘(3) the impact of body-worn cameras on re15 sponses to and adjudications of complaints of exces16 sive force; 

17 ‘‘(4) the effect of the use of body-worn cameras 

18 on the safety of law enforcement officers on patrol; 

19 ‘‘(5) the effect of the use of body-worn cameras 

20 on public safety; 

21 ‘‘(6) the impact of body-worn cameras on evi22 dence collection for criminal investigations; 

23 ‘‘(7) issues relating to the secure storage and 

24 handling of recorded data from the body-worn cam25 eras; 


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1 ‘‘(8) issues relating to the privacy of individuals 

2 and officers recorded on body-worn cameras; 

3 ‘‘(9) issues relating to the constitutional rights of 

4 individuals on whom facial recognition technology is 

5 used; 

6 ‘‘(10) issues relating to limitations on the use of 

7 facial recognition technology; 

8 ‘‘(11) issues relating to the public’s access to 

9 body-worn camera footage; 

10 ‘‘(12) the need for proper training of law en11 forcement officers that use body-worn cameras; 

12 ‘‘(13) best practices in the development of proto13 cols for the safe and effective use of body-worn cam14 eras; 

15 ‘‘(14) a review of law enforcement agencies that 

16 found body-worn cameras to be unhelpful in the oper17 ations of the agencies; and 

18 ‘‘(15) any other factors that the Director deter19 mines are relevant in evaluating the efficacy of body20 worn cameras. 

21 ‘‘(b) REPORT.—Not later than 180 days after the date 

22 on which the study required under subsection (a) is com23 pleted, the Director shall submit to Congress a report on 

24 the study, which shall include any policy recommendations 

25 that the Director considers appropriate.’’. 


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1 TITLE IV—JUSTICE FOR VICTIMS 

2 OF LYNCHING ACT 

3 SEC. 401. SHORT TITLE. 

4 This title may be cited as the ‘‘Emmett Till Anti5 Lynching Act’’. 

6 SEC. 402. FINDINGS. 

7 Congress finds the following: 

8 (1) The crime of lynching succeeded slavery as 

9 the ultimate expression of racism in the United States 

10 following Reconstruction. 

11 (2) Lynching was a widely acknowledged prac12 tice in the United States until the middle of the 20th 

13 century. 

14 (3) Lynching was a crime that occurred through15 out the United States, with documented incidents in 

16 all but 4 States. 

17 (4) At least 4,742 people, predominantly African 

18 Americans, were reported lynched in the United 

19 States between 1882 and 1968. 

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

21 lynching escaped from punishment by State or local 

22 officials. 

23 (6) Lynching prompted African Americans to 

24 form the National Association for the Advancement of 

25 Colored People (referred to in this section as the 


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1 ‘‘NAACP’’) and prompted members of B’nai B’rith to 

2 found the Anti-Defamation League. 

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

4 NAACP and later as the executive secretary of the 

5 NAACP from 1931 to 1955, meticulously investigated 

6 lynchings in the United States and worked tirelessly 

7 to end segregation and racialized terror. 

8 (8) Nearly 200 anti-lynching bills were intro9 duced in Congress during the first half of the 20th 

10 century. 

11 (9) Between 1890 and 1952, 7 Presidents peti12 tioned Congress to end lynching. 

13 (10) Between 1920 and 1940, the House of Rep14 resentatives passed 3 strong anti-lynching measures. 

15 (11) Protection against lynching was the min16 imum and most basic of Federal responsibilities, and 

17 the Senate considered but failed to enact anti-lynch18 ing legislation despite repeated requests by civil rights 

19 groups, Presidents, and the House of Representatives 

20 to do so. 

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

22 Lynching Photography in America’’ helped bring 

23 greater awareness and proper recognition of the vic24 tims of lynching. 


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

2 the United States effectively champion human rights 

3 abroad. 

4 (14) An apology offered in the spirit of true re5 pentance moves the United States toward reconcili6 ation and may become central to a new under7 standing, on which improved racial relations can be 

8 forged. 

9 (15) Having concluded that a reckoning with our 

10 own history is the only way the country can effec11 tively champion human rights abroad, 90 Members of 

12 the United States Senate agreed to Senate Resolution 

13 39, 109th Congress, on June 13, 2005, to apologize to 

14 the victims of lynching and the descendants of those 

15 victims for the failure of the Senate to enact anti16 lynching legislation. 

17 (16) The National Memorial for Peace and Jus18 tice, which opened to the public in Montgomery, Ala19 bama, on April 26, 2018, is the Nation’s first memo20 rial dedicated to the legacy of enslaved Black people, 

21 people terrorized by lynching, African Americans hu22 miliated by racial segregation and Jim Crow, and 

23 people of color burdened with contemporary presump24 tions of guilt and police violence. 


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1 (17) Notwithstanding the Senate’s apology and 

2 the heightened awareness and education about the Na3 tion’s legacy with lynching, it is wholly necessary and 

4 appropriate for the Congress to enact legislation, after 

5 100 years of unsuccessful legislative efforts, finally to 

6 make lynching a Federal crime. 

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

8 criminal action by a group increases the likelihood 

9 that the criminal object of that group will be success10 fully attained and decreases the probability that the 

11 individuals involved will depart from their path of 

12 criminality. Therefore, it is appropriate to specify 

13 criminal penalties for the crime of lynching, or any 

14 attempt or conspiracy to commit lynching. 

15 (19) The United States Senate agreed to unani16 mously Senate Resolution 118, 115th Congress, on 

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

18 other form of racism, religious or ethnic bias, dis19 crimination, incitement to violence, or animus tar20 geting a minority in the United States’’ and taking 

21 notice specifically of Federal Bureau of Investigation 

22 statistics demonstrating that ‘‘among single-bias hate 

23 crime incidents in the United States, 59.2 percent of 

24 victims were targeted due to racial, ethnic, or ances25 tral bias, and among those victims, 52.2 percent were 


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1 victims of crimes motivated by the offenders’ anti2 Black or anti-African American bias’’. 

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

4 J. Trump signed into law Senate Joint Resolution 49 

5 (Public Law 115–58; 131 Stat. 1149), wherein Con6 gress ‘‘condemn[ed] the racist violence and domestic 

7 terrorist attack that took place between August 11 and 

8 August 12, 2017, in Charlottesville, Virginia’’ and 

9 ‘‘urg[ed] the President and his administration to 

10 speak out against hate groups that espouse racism, ex11 tremism, xenophobia, anti-Semitism, and White su12 premacy; and use all resources available to the Presi13 dent and the President’s Cabinet to address the grow14 ing prevalence of those hate groups in the United 

15 States’’. 

16 (21) Senate Joint Resolution 49 (Public Law 

17 115–58; 131 Stat. 1149) specifically took notice of 

18 ‘‘hundreds of torch-bearing White nationalists, White 

19 supremacists, Klansmen, and neo-Nazis [who] 

20 chanted racist, anti-Semitic, and anti-immigrant slo21 gans and violently engaged with counter-demonstra22 tors on and around the grounds of the University of 

23 Virginia in Charlottesville’’ and that these groups 

24 ‘‘reportedly are organizing similar events in other cit25 ies in the United States and communities everywhere 


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1 are concerned about the growing and open display of 

2 hate and violence being perpetrated by those groups’’. 

3 (22) Lynching was a pernicious and pervasive 

4 tool that was used to interfere with multiple aspects 

5 of life—including the exercise of federally protected 

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

7 United States Code, housing rights, as enumerated in 

8 section 901 of the Civil Rights Act of 1968 (42 U.S.C. 

9 3631), and the free exercise of religion, as enumerated 

10 in section 247 of title 18, United States Code. Inter11 ference with these rights was often effectuated by mul12 tiple offenders and groups, rather than isolated indi13 viduals. Therefore, prohibiting conspiracies to violate 

14 each of these rights recognizes the history of lynching 

15 in the United States and serves to prohibit its use in 

16 the future. 

17 SEC. 403. LYNCHING. 

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

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

20 ‘‘§ 250. Lynching 

21 ‘‘Whoever conspires with another person to violate sec22 tion 245, 247, or 249 of this title or section 901 of the Civil 

23 Rights Act of 1968 (42 U.S.C. 3631) shall be punished in 

24 the same manner as a completed violation of such section, 

25 except that if the maximum term of imprisonment for such 


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1 completed violation is less than 10 years, the person may 

2 be imprisoned for not more than 10 years.’’. 

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

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

5 amended by inserting after the item relating to section 249 

6 the following: 

‘‘250. Lynching.’’. 

7 TITLE V—MISCELLANEOUS 

8 PROVISIONS 

9 SEC. 501. SEVERABILITY. 

10 If any provision of this Act, or the application of such 

11 a provision to any person or circumstance, is held to be 

12 unconstitutional, the remainder of this Act and the applica13 tion of the remaining provisions of this Act to any person 

14 or circumstance shall not be affected thereby. 

15 SEC. 502. SAVINGS CLAUSE. 

16 Nothing in this Act shall be construed— 

17 (1) to limit legal or administrative remedies 

18 under section 1979 of the Revised Statutes of the 

19 United States (42 U.S.C. 1983), section 210401 of the 

20 Violent Crime Control and Law Enforcement Act of 

21 1994 (34 U.S.C. 12601), title I of the Omnibus Crime 

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

23 10101 et seq.), or title VI of the Civil Rights Act of 

24 1964 (42 U.S.C. 2000d et seq.); 


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1 (2) to affect any Federal, State, or Tribal law 

2 that applies to an Indian Tribe because of the polit3 ical status of the Tribe; or 

4 (3) to waive the sovereign immunity of an In5 dian Tribe without the consent of the Tribe. 


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Union Calendar No. 348 

116TH CONGRESS 

2D SESSION H. R. 7120 

[Report No. 116–434, Part I] 

A BILL 

To hold law enforcement accountable for mispolicies. data collection, and reform police training and conduct in court, improve transparency through 

JUNE 19, 2020 

Reported from the Committee on the Judiciary with an 

amendment 

JUNE 19, 2020 

Committees on Armed Services and Energy and Comto be printed Whole House on the State of the Union and ordered merce discharged; committed to the Committee of the 


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