II 

Calendar No. 490 

116TH CONGRESS 

2D SESSION H. R. 7120 

IN THE SENATE OF THE UNITED STATES 

JUNE 29, 2020 

Received 

JULY 2, 2020 

Read the first time 

JULY 20, 2020 

Read the second time and placed on the calendar 

AN ACT 

To hold law enforcement accountable for misconduct in court, 

improve transparency through data collection, and reform 

police training and policies. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—POLICE ACCOUNTABILITY 

Subtitle A—Holding Police Accountable in the Courts 

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

Sec. 102. Qualified immunity reform. 

Sec. 103. Pattern and practice investigations. 

Sec. 104. Independent investigations. 

Subtitle B—Law Enforcement Trust and Integrity Act 

Sec. 111. Short title. 

Sec. 112. Definitions. 

Sec. 113. Accreditation of law enforcement agencies. 

Sec. 114. Law enforcement grants. 

Sec. 115. Attorney General to conduct study. 

Sec. 116. Authorization of appropriations. 

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

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

TITLE II—POLICING TRANSPARENCY THROUGH DATA 

Subtitle A—National Police Misconduct Registry 

Sec. 201. Establishment of National Police Misconduct Registry. 

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

Subtitle B—PRIDE Act 

Sec. 221. Short title. 

Sec. 222. Definitions. 

Sec. 223. Use of force reporting. 

Sec. 224. Use of force data reporting. 

Sec. 225. Compliance with reporting requirements. 

Sec. 226. Federal law enforcement reporting. 

Sec. 227. Authorization of appropriations. 

TITLE III—IMPROVING POLICE TRAINING AND POLICIES 

Subtitle A—End Racial and Religious Profiling Act 

Sec. 301. Short title. 

Sec. 302. Definitions. 

PART I—PROHIBITION OF RACIAL PROFILING


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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. 

PART 2—POLICE CAMERA ACT

Sec. 381. Short title. 

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

TITLE IV—CLOSING THE LAW ENFORCEMENT CONSENT 

LOOPHOLE 

Sec. 401. Short title. 


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Sec. 402. Prohibition on engaging in sexual acts while acting under color of 

law. 

Sec. 403. Enactment of laws penalizing engaging in sexual acts while acting 

under color of law. 

Sec. 404. Reports to Congress. 

Sec. 405. Definition. 

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 

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

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

6 Crime Control and Safe Streets Act of 1968 (34 

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

8 the funds are characterized as being made available 

9 under the Edward Byrne Memorial State and Local 

10 Law Enforcement Assistance Programs, the Local 

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

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

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

17 Crime Control and Safe Streets Act of 1968 (34 

18 U.S.C. 10381). 

19 (3) FEDERAL LAW ENFORCEMENT AGENCY.— 

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


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1 any agency of the United States authorized to en2 gage in or supervise the prevention, detection, inves3 tigation, or prosecution of any violation of Federal 

4 criminal law. 

5 (4) FEDERAL LAW ENFORCEMENT OFFICER.— 

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

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

8 United States Code. 

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

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

11 section 901 of title I of the Omnibus Crime Control 

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

13 (6) LOCAL LAW ENFORCEMENT OFFICER.—The 

14 term ‘‘local law enforcement officer’’ means any offi15 cer, agent, or employee of a State or unit of local 

16 government authorized by law or by a government 

17 agency to engage in or supervise the prevention, de18 tection, or investigation of any violation of criminal 

19 law. 

20 (7) STATE.—The term ‘‘State’’ has the mean21 ing given the term in section 901 of title I of the 

22 Omnibus Crime Control and Safe Streets Act of 

23 1968 (34 U.S.C. 10251). 

24 (8) TRIBAL LAW ENFORCEMENT OFFICER.— 

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


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

2 the Bureau of Indian Affairs, authorized by law or 

3 by a government agency to engage in or supervise 

4 the prevention, detection, or investigation of any vio5 lation of criminal law. 

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

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

8 the term in section 901 of title I of the Omnibus 

9 Crime Control and Safe Streets Act of 1968 (34 

10 U.S.C. 10251). 

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

12 force’’ means that force which a reasonable person 

13 would consider likely to cause death or serious bodily 

14 harm, including— 

15 (A) the discharge of a firearm; 

16 (B) a maneuver that restricts blood or oxy17 gen flow to the brain, including chokeholds, 

18 strangleholds, neck restraints, neckholds, and 

19 carotid artery restraints; and 

20 (C) multiple discharges of an electronic 

21 control weapon. 

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

23 includes— 

24 (A) the use of a firearm, electronic control 

25 weapon, explosive device, chemical agent (such 


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1 as pepper spray), baton, impact projectile, blunt 

2 instrument, hand, fist, foot, canine, or vehicle 

3 against an individual; 

4 (B) the use of a weapon, including a per5 sonal body weapon, chemical agent, impact 

6 weapon, extended range impact weapon, sonic 

7 weapon, sensory weapon, conducted energy de8 vice, or firearm, against an individual; or 

9 (C) any intentional pointing of a firearm 

10 at an individual. 

11 (12) LESS LETHAL FORCE.—The term ‘‘less le12 thal force’’ means any degree of force that is not 

13 likely to cause death or serious bodily injury. 

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

15 recognition’’ means an automated or semiautomated 

16 process that analyzes biometric data of an individual 

17 from video footage to identify or assist in identifying 

18 an individual. 

19 TITLE I—POLICE 

20 ACCOUNTABILITY 

21 Subtitle A—Holding Police 

22 Accountable in the Courts 

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

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

25 amended— 


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1 (1) by striking ‘‘willfully’’ and inserting ‘‘know2 ingly or recklessly’’; 

3 (2) by striking ‘‘, or may be sentenced to 

4 death’’; and 

5 (3) by adding at the end the following: ‘‘For 

6 purposes of this section, an act shall be considered 

7 to have resulted in death if the act was a substantial 

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

9 SEC. 102. QUALIFIED IMMUNITY REFORM. 

10 Section 1979 of the Revised Statutes of the United 

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

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

13 any action brought under this section against a local law 

14 enforcement officer (as such term is defined in section 2 

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

16 in any action under any source of law against a Federal 

17 investigative or law enforcement officer (as such term is 

18 defined in section 2680(h) of title 28, United States 

19 Code), that— 

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

21 that the defendant believed, reasonably or otherwise, 

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

23 the conduct was committed; or 

24 ‘‘(2) the rights, privileges, or immunities se25 cured by the Constitution and laws were not clearly 


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1 established at the time of their deprivation by the 

2 defendant, or that at such time, the state of the law 

3 was otherwise such that the defendant could not rea4 sonably have been expected to know whether his or 

5 her conduct was lawful.’’. 

6 SEC. 103. PATTERN AND PRACTICE INVESTIGATIONS. 

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

8 Violent Crime Control and Law Enforcement Act of 1994 

9 (34 U.S.C. 12601) is amended— 

10 (1) in subsection (a), by inserting ‘‘, by pros11 ecutors,’’ after ‘‘conduct by law enforcement offi12 cers’’; 

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

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

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

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

17 authority in subsection (b), the Attorney General may re18 quire by subpoena the production of all information, docu19 ments, reports, answers, records, accounts, papers, and 

20 other data in any medium (including electronically stored 

21 information), as well as any tangible thing and documen22 tary evidence, and the attendance and testimony of wit23 nesses necessary in the performance of the Attorney Gen24 eral under subsection (b). Such a subpoena, in the case 

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


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1 order of any appropriate district court of the United 

2 States. 

3 ‘‘(d) CIVIL ACTION BY STATE ATTORNEYS GEN4 ERAL.—Whenever it shall appear to the attorney general 

5 of any State, or such other official as a State may des6 ignate, that a violation of subsection (a) has occurred 

7 within their State, the State attorney general or official, 

8 in the name of the State, may bring a civil action in the 

9 appropriate district court of the United States to obtain 

10 appropriate equitable and declaratory relief to eliminate 

11 the pattern or practice. In carrying out the authority in 

12 this subsection, the State attorney general or official shall 

13 have the same subpoena authority as is available to the 

14 Attorney General under subsection (c). 

15 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec16 tion may be construed to limit the authority of the Attor17 ney General under subsection (b) in any case in which a 

18 State attorney general has brought a civil action under 

19 subsection (d). 

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

21 is one year after the enactment of the George Floyd Jus22 tice in Policing Act of 2020, and annually thereafter, the 

23 Civil Rights Division of the Department of Justice shall 

24 make publicly available on an internet website a report 

25 on, during the previous year— 


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1 ‘‘(1) the number of preliminary investigations 

2 of violations of subsection (a) that were commenced; 

3 ‘‘(2) the number of preliminary investigations 

4 of violations of subsection (a) that were resolved; 

5 and 

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

7 violations of subsection (a).’’. 

8 (b) GRANT PROGRAM.— 

9 (1) GRANTS AUTHORIZED.—The Attorney Gen10 eral may award a grant to a State to assist the 

11 State in conducting pattern and practice investiga12 tions under section 210401(d) of the Violent Crime 

13 Control and Law Enforcement Act of 1994 (34 

14 U.S.C. 12601). 

15 (2) APPLICATION.—A State seeking a grant 

16 under paragraph (1) shall submit an application in 

17 such form, at such time, and containing such infor18 mation as the Attorney General may require. 

19 (3) FUNDING.—There are authorized to be ap20 propriated $100,000,000 to the Attorney General for 

21 each of fiscal years 2021 through 2023 to carry out 

22 this subsection. 

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

24 210402 of the Violent Crime Control and Law Enforce25 ment Act of 1994 (34 U.S.C. 12602) is amended— 


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1 (1) in subsection (a)— 

2 (A) by striking ‘‘The Attorney General’’ 

3 and inserting the following: 

4 ‘‘(1) FEDERAL COLLECTION OF DATA.—The 

5 Attorney General’’; and 

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

7 ‘‘(2) STATE COLLECTION OF DATA.—The attor8 ney general of a State may, through appropriate 

9 means, acquire data about the use of excessive force 

10 by law enforcement officers and such data may be 

11 used by the attorney general in conducting investiga12 tions under section 210401. This data may not con13 tain any information that may reveal the identity of 

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

15 (2) by amending subsection (b) to read as fol16 lows: 

17 ‘‘(b) LIMITATION ON USE OF DATA ACQUIRED BY

18 THE ATTORNEY GENERAL.—Data acquired under sub19 section (a)(1) shall be used only for research or statistical 

20 purposes and may not contain any information that may 

21 reveal the identity of the victim or any law enforcement 

22 officer.’’. 

23 (d) ENFORCEMENT OF PATTERN OR PRACTICE RE24 LIEF.—Beginning in the first fiscal year that begins after 

25 the date that is one year after the date of enactment of 


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1 this Act, a State or unit of local government that receives 

2 funds under the Byrne grant program or the COPS grant 

3 program during a fiscal year may not make available any 

4 amount of such funds to a local law enforcement agency 

5 if that local law enforcement agency enters into or renews 

6 any contractual arrangement, including a collective bar7 gaining agreement with a labor organization, that— 

8 (1) would prevent the Attorney General from 

9 seeking or enforcing equitable or declaratory relief 

10 against a law enforcement agency engaging in a pat11 tern or practice of unconstitutional misconduct; or 

12 (2) conflicts with any terms or conditions con13 tained in a consent decree. 

14 SEC. 104. INDEPENDENT INVESTIGATIONS. 

15 (a) IN GENERAL.— 

16 (1) DEFINITIONS.—In this subsection: 

17 (A) INDEPENDENT INVESTIGATION.—The 

18 term ‘‘independent investigation’’ means a 

19 criminal investigation or prosecution of a law 

20 enforcement officer’s use of deadly force, in21 cluding one or more of the following: 

22 (i) Using an agency or civilian review 

23 board that investigates and independently 

24 reviews all allegations of use of deadly 


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1 force made against law enforcement offi2 cers in the jurisdiction. 

3 (ii) Assigning of the attorney general 

4 of the State in which the alleged use of 

5 deadly force was committed to conduct the 

6 criminal investigation and prosecution. 

7 (iii) Adopting a procedure under 

8 which an independent prosecutor is as9 signed to investigate and prosecute the 

10 case, including a procedure under which an 

11 automatic referral is made to an inde12 pendent prosecutor appointed and overseen 

13 by the attorney general of the State in 

14 which the alleged use of deadly force was 

15 committed. 

16 (iv) Adopting a procedure under 

17 which an independent prosecutor is as18 signed to investigate and prosecute the 

19 case. 

20 (v) Having law enforcement agencies 

21 agree to and implement memoranda of un22 derstanding with other law enforcement 

23 agencies under which the other law en24 forcement agencies— 


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1 (I) shall conduct the criminal in2 vestigation into the alleged use of 

3 deadly force; and 

4 (II) upon conclusion of the crimi5 nal investigation, shall file a report 

6 with the attorney general of the State 

7 containing a determination regarding 

8 whether— 

9 (aa) the use of deadly force 

10 was appropriate; and 

11 (bb) any action should be 

12 taken by the attorney general of 

13 the State. 

14 (vi) Any substantially similar proce15 dure to ensure impartiality in the inves16 tigation or prosecution. 

17 (B) INDEPENDENT INVESTIGATION OF

18 LAW ENFORCEMENT STATUTE.—The term 

19 ‘‘independent investigation of law enforcement 

20 statute’’ means a statute requiring an inde21 pendent investigation in a criminal matter in 

22 which— 

23 (i) one or more of the possible defend24 ants is a law enforcement officer; 


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1 (ii) one or more of the alleged offenses 

2 involves the law enforcement officer’s use 

3 of deadly force in the course of carrying 

4 out that officer’s duty; and 

5 (iii) the non-Federal law enforcement 

6 officer’s use of deadly force resulted in a 

7 death or injury. 

8 (C) INDEPENDENT PROSECUTOR.—The 

9 term ‘‘independent prosecutor’’ means, with re10 spect to a criminal investigation or prosecution 

11 of a law enforcement officer’s use of deadly 

12 force, a prosecutor who— 

13 (i) does not oversee or regularly rely 

14 on the law enforcement agency by which 

15 the law enforcement officer under inves16 tigation is employed; and 

17 (ii) would not be involved in the pros18 ecution in the ordinary course of that pros19 ecutor’s duties. 

20 (2) GRANT PROGRAM.—The Attorney General 

21 may award grants to eligible States and Indian 

22 Tribes to assist in implementing an independent in23 vestigation of law enforcement statute. 

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

25 under this subsection, a State or Indian Tribe shall 


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1 have in effect an independent investigation of law 

2 enforcement statute. 

3 (4) AUTHORIZATION OF APPROPRIATIONS.— 

4 There are authorized to be appropriated to the At5 torney General $750,000,000 for fiscal years 2021 

6 through 2023 to carry out this subsection. 

7 (b) COPS GRANT PROGRAM USED FOR CIVILIAN RE8 VIEW BOARDS.—Part Q of title I of the of the Omnibus 

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

10 10381 et seq.) is amended— 

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

12 (A) by redesignating paragraphs (22) and 

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

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

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

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

17 following: 

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

19 civilian review boards;’’; and 

20 (2) in section 1709 (34 U.S.C. 10389), by add21 ing at the end the following: 

22 ‘‘(8) ‘civilian review board’ means an adminis23 trative entity that investigates civilian complaints 

24 against law enforcement officers and— 


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1 ‘‘(A) is independent and adequately fund2 ed; 

3 ‘‘(B) has investigatory authority and sub4 poena power; 

5 ‘‘(C) has representative community diver6 sity; 

7 ‘‘(D) has policy making authority; 

8 ‘‘(E) provides advocates for civilian com9 plainants; 

10 ‘‘(F) may conduct hearings; and 

11 ‘‘(G) conducts statistical studies on pre12 vailing complaint trends.’’. 

13 Subtitle B—Law Enforcement 

14 Trust and Integrity Act 

15 SEC. 111. SHORT TITLE. 

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

17 Trust and Integrity Act of 2020’’. 

18 SEC. 112. DEFINITIONS. 

19 In this subtitle: 

20 (1) COMMUNITY-BASED ORGANIZATION.—The 

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

22 grassroots organization that monitors the issue of 

23 police misconduct and that has a local or national 

24 presence and membership, such as the National As25 sociation for the Advancement of Colored People 


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1 (NAACP), the American Civil Liberties Union 

2 (ACLU), UnidosUS, the National Urban League, 

3 the National Congress of American Indians, or the 

4 National Asian Pacific American Legal Consortium 

5 (NAPALC). 

6 (2) LAW ENFORCEMENT ACCREDITATION ORGA7 NIZATION.—The term ‘‘law enforcement accredita8 tion organization’’ means a professional law enforce9 ment organization involved in the development of 

10 standards of accreditation for law enforcement agen11 cies at the national, State, regional, or Tribal level, 

12 such as the Commission on Accreditation for Law 

13 Enforcement Agencies (CALEA). 

14 (3) LAW ENFORCEMENT AGENCY.—The term 

15 ‘‘law enforcement agency’’ means a State, local, In16 dian tribal, or campus public agency engaged in the 

17 prevention, detection, investigation, prosecution, or 

18 adjudication of violations of criminal laws. 

19 (4) PROFESSIONAL LAW ENFORCEMENT ASSO20 CIATION.—The term ‘‘professional law enforcement 

21 association’’ means a law enforcement membership 

22 association that works for the needs of Federal, 

23 State, local, or Indian tribal law enforcement agen24 cies and with the civilian community on matters of 

25 common interest, such as the Hispanic American 


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1 Police Command Officers Association (HAPCOA), 

2 the National Asian Pacific Officers Association 

3 (NAPOA), the National Black Police Association 

4 (NBPA), the National Latino Peace Officers Asso5 ciation (NLPOA), the National Organization of 

6 Black Law Enforcement Executives (NOBLE), 

7 Women in Law Enforcement, the Native American 

8 Law Enforcement Association (NALEA), the Inter9 national Association of Chiefs of Police (IACP), the 

10 National Sheriffs’ Association (NSA), the Fraternal 

11 Order of Police (FOP), or the National Association 

12 of School Resource Officers. 

13 (5) PROFESSIONAL CIVILIAN OVERSIGHT ORGA14 NIZATION.—The term ‘‘professional civilian oversight 

15 organization’’ means a membership organization 

16 formed to address and advance civilian oversight of 

17 law enforcement and whose members are from Fed18 eral, State, regional, local, or Tribal organizations 

19 that review issues or complaints against law enforce20 ment agencies or officers, such as the National Asso21 ciation for Civilian Oversight of Law Enforcement 

22 (NACOLE). 

23 SEC. 113. ACCREDITATION OF LAW ENFORCEMENT AGEN24 CIES. 

25 (a) STANDARDS.— 


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1 (1) INITIAL ANALYSIS.—The Attorney General 

2 shall perform an initial analysis of existing accredi3 tation standards and methodology developed by law 

4 enforcement accreditation organizations nationwide, 

5 including national, State, regional, and Tribal ac6 creditation organizations. Such an analysis shall in7 clude a review of the recommendations of the Final 

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

9 Policing, issued by the Department of Justice, in 

10 May 2015. 

11 (2) DEVELOPMENT OF UNIFORM STANDARDS.— 

12 After completion of the initial review and analysis 

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

14 (A) recommend, in consultation with law 

15 enforcement accreditation organizations and 

16 community-based organizations, the adoption of 

17 additional standards that will result in greater 

18 community accountability of law enforcement 

19 agencies and an increased focus on policing 

20 with a guardian mentality, including standards 

21 relating to— 

22 (i) early warning systems and related 

23 intervention programs; 

24 (ii) use of force procedures; 

25 (iii) civilian review procedures; 


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1 (iv) traffic and pedestrian stop and 

2 search procedures; 

3 (v) data collection and transparency; 

4 (vi) administrative due process re5 quirements; 

6 (vii) video monitoring technology; 

7 (viii) youth justice and school safety; 

8 and 

9 (ix) recruitment, hiring, and training; 

10 and 

11 (B) recommend additional areas for the 

12 development of national standards for the ac13 creditation of law enforcement agencies in con14 sultation with existing law enforcement accredi15 tation organizations, professional law enforce16 ment associations, labor organizations, commu17 nity-based organizations, and professional civil18 ian oversight organizations. 

19 (3) CONTINUING ACCREDITATION PROCESS.— 

20 The Attorney General shall adopt policies and proce21 dures to partner with law enforcement accreditation 

22 organizations, professional law enforcement associa23 tions, labor organizations, community-based organi24 zations, and professional civilian oversight organiza25 tions to— 


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1 (A) continue the development of further 

2 accreditation standards consistent with para3 graph (2); and 

4 (B) encourage the pursuit of accreditation 

5 of Federal, State, local, and Tribal law enforce6 ment agencies by certified law enforcement ac7 creditation organizations. 

8 (b) USE OF FUNDS REQUIREMENTS.—Section 

9 502(a) of title I of the Omnibus Crime Control and Safe 

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

11 adding at the end the following: 

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

13 covered by an application, the applicant will use not 

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

15 award for the fiscal year to assist law enforcement 

16 agencies of the applicant, including campus public 

17 safety departments, gain or maintain accreditation 

18 from certified law enforcement accreditation organi19 zations in accordance with section 113 of the Law 

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

21 (c) ELIGIBILITY FOR CERTAIN GRANT FUNDS.—The 

22 Attorney General shall, as appropriate and consistent with 

23 applicable law, allocate Department of Justice discre24 tionary grant funding only to States or units of local gov25 ernment that require law enforcement agencies of that 


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1 State or unit of local government to gain and maintain 

2 accreditation from certified law enforcement accreditation 

3 organizations in accordance with this section. 

4 SEC. 114. LAW ENFORCEMENT GRANTS. 

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

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

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

8 113, is amended by adding at the end the following: 

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

10 covered by an application, the applicant will use not 

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

12 award for the fiscal year to study and implement ef13 fective management, training, recruiting, hiring, and 

14 oversight standards and programs to promote effec15 tive community and problem solving strategies for 

16 law enforcement agencies in accordance with section 

17 114 of the Law Enforcement Trust and Integrity 

18 Act of 2020.’’. 

19 (b) GRANT PROGRAM FOR COMMUNITY ORGANIZA20 TIONS.—The Attorney General may make grants to com21 munity-based organizations to study and implement— 

22 (1) effective management, training, recruiting, 

23 hiring, and oversight standards and programs to 

24 promote effective community and problem solving 

25 strategies for law enforcement agencies; or 


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1 (2) effective strategies and solutions to public 

2 safety, including strategies that do not rely on Fed3 eral and local law enforcement agency responses. 

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

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

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

7 10153(a)), as added by subsection (a) of this section, and 

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

9 to— 

10 (1) study management and operations stand11 ards for law enforcement agencies, including stand12 ards relating to administrative due process, resi13 dency requirements, compensation and benefits, use 

14 of force, racial profiling, early warning and interven15 tion systems, youth justice, school safety, civilian re16 view boards or analogous procedures, or research 

17 into the effectiveness of existing programs, projects, 

18 or other activities designed to address misconduct; 

19 and 

20 (2) develop pilot programs and implement effec21 tive standards and programs in the areas of train22 ing, hiring and recruitment, and oversight that are 

23 designed to improve management and address mis24 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 im3 plementation of the following: 

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

5 practices, and procedures addressing training and 

6 instruction to comply with accreditation standards in 

7 the areas of— 

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

9 force, 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 en15 forcement 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 

2 enforcement 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, pro12 motion, educational, background, and psycho13 logical standards that comport with title VII of 

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

15 et seq.); and 

16 (C) initiatives to encourage residency in 

17 the jurisdiction served by the law enforcement 

18 agency and continuing education. 

19 (3) OVERSIGHT.—Complaint procedures, in20 cluding 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 

24 warning systems and related intervention programs, 

25 video monitoring technology, data collection and 


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1 transparency, and administrative due process re2 quirements inherent to complaint procedures for 

3 members of the public and law enforcement. 

4 (4) YOUTH JUSTICE AND SCHOOL SAFETY.— 

5 Uniform standards on youth justice and school safe6 ty that include best practices for law enforcement 

7 interaction and communication with children and 

8 youth, taking into consideration adolescent develop9 ment and any 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 

16 by— 

17 (i) eliminating school-based arrests 

18 and referrals to law enforcement; 

19 (ii) using evidence-based preventative 

20 measures and alternatives to school-based 

21 arrests and referrals to law enforcement, 

22 such as restorative justice and healing 

23 practices; and 

24 (iii) using school-wide positive behav25 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 EN11 FORCEMENT MISCONDUCT.—The technical assistance 

12 provided by the Attorney General may include the 

13 development of models for States and community14 based organizations to reduce law enforcement offi15 cer misconduct. Any development of such models 

16 shall be in consultation with community-based orga17 nizations. 

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

19 may use any component or components of the Department 

20 of Justice in carrying out this section. 

21 (g) APPLICATIONS.—An application for a grant 

22 under subsection (b) shall be submitted in such form, and 

23 contain such information, as the Attorney General may 

24 prescribe by rule. 

25 (h) PERFORMANCE EVALUATION.— 


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1 (1) MONITORING COMPONENTS.— 

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

3 or activity funded under this section shall con4 tain a monitoring component, which shall be de5 veloped pursuant to rules made by the Attorney 

6 General. 

7 (B) REQUIREMENT.—Each monitoring 

8 component required under subparagraph (A) 

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

12 of the program, project, or activity and presen13 tation of such data in a usable form. 

14 (2) EVALUATION COMPONENTS.— 

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

17 part of a national evaluation, pursuant to rules 

18 made by the Attorney General. 

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

21 independent audits of police behavior and other 

22 assessments of individual program implementa23 tions. For community-based organizations in se24 lected jurisdictions that are able to support out25 come evaluations, the effectiveness of funded 


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1 programs, projects, and activities may be re2 quired. 

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

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

9 necessary. 

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

11 the Attorney General determines, as a result of monitoring 

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

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

14 is not in substantial compliance with the requirements of 

15 this section, the Attorney General may revoke or suspend 

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

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

20 law enforcement officers and— 

21 (1) is independent and adequately funded; 

22 (2) has investigatory authority and subpoena 

23 power; 

24 (3) has representative community diversity; 

25 (4) has policy making authority; 


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1 (5) provides advocates for civilian complainants; 

2 (6) may conduct hearings; and 

3 (7) conducts statistical studies on prevailing 

4 complaint trends. 

5 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Attorney General 

7 $25,000,000 for fiscal year 2021 to carry out the grant 

8 program authorized under subsection (b). 

9 SEC. 115. ATTORNEY GENERAL TO CONDUCT STUDY. 

10 (a) STUDY.— 

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

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

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

18 pre-interview warnings and termination policies. 

19 (2) INITIAL ANALYSIS.—The Attorney General 

20 shall perform an initial analysis of existing State 

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

22 a threshold level, the effect of the type of law, rule, 

23 or procedure that raises material investigatory issues 

24 that could impair or hinder a prompt and thorough 


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1 investigation of possible misconduct, including crimi2 nal conduct. 

3 (3) DATA COLLECTION.—After completion of 

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

6 General shall gather additional data nationwide on 

7 similar laws, rules, and procedures from a represent8 ative and statistically significant sample of jurisdic9 tions, to determine whether such laws, rules, and 

10 procedures raise such material investigatory issues. 

11 (b) REPORTING.— 

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

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

14 Attorney General shall— 

15 (A) submit to Congress a report containing 

16 the results of the initial analysis conducted 

17 under subsection (a)(2); 

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

20 (C) identify the jurisdictions for which the 

21 study described in subsection (a)(3) is to be 

22 conducted. 

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

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


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1 containing the results of the data collected under 

2 this section and publish the report in the Federal 

3 Register. 

4 SEC. 116. AUTHORIZATION OF APPROPRIATIONS. 

5 There are authorized to be appropriated for fiscal 

6 year 2021, in addition to any other sums authorized to 

7 be appropriated— 

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

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

12 under sections 241 and 242 of title 18, United 

13 States Code, and administrative enforcement by the 

14 Department of Justice of such sections, including 

15 compliance with consent decrees or judgments en16 tered into under such section 210401; and 

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

18 to conflict resolution by the Department of Justice’s 

19 Community Relations Service. 

20 SEC. 117. NATIONAL TASK FORCE ON LAW ENFORCEMENT 

21 OVERSIGHT. 

22 (a) ESTABLISHMENT.—There is established within 

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

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


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

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

4 the following: 

5 (1) The Special Litigation Section of the Civil 

6 Rights Division. 

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

9 (3) The Federal Coordination and Compliance 

10 Section of the Civil Rights Division. 

11 (4) The Employment Litigation Section of the 

12 Civil Rights Division. 

13 (5) The Disability Rights Section of the Civil 

14 Rights Division. 

15 (6) The Office of Justice Programs. 

16 (7) The Office of Community Oriented Policing 

17 Services (COPS). 

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

19 Federal Bureau of Investigation. 

20 (9) The Community Relations Service. 

21 (10) The Office of Tribal Justice. 

22 (11) The unit within the Department of Justice 

23 assigned as a liaison for civilian review boards. 

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

25 consult with professional law enforcement associations, 


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1 labor organizations, and community-based organizations 

2 to coordinate the process of the detection and referral of 

3 complaints regarding incidents of alleged law enforcement 

4 misconduct. 

5 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

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

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

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

11 Tribal, and local law enforcement agency shall report data 

12 of the practices enumerated in subsection (c) of that agen13 cy to the Attorney General. 

14 (b) BREAKDOWN OF INFORMATION BY RACE, ETH15 NICITY, AND GENDER.—For each practice enumerated in 

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

17 provide a breakdown of the numbers of incidents of that 

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

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

20 the practice. 

21 (c) PRACTICES TO BE REPORTED ON.—The prac22 tices to be reported on are the following: 

23 (1) Traffic violation stops. 

24 (2) Pedestrian stops. 

25 (3) Frisk and body searches. 


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1 (4) Instances where law enforcement officers 

2 used deadly force, including— 

3 (A) a description of when and where dead4 ly force was used, and whether it resulted in 

5 death; 

6 (B) a description of deadly force directed 

7 against an officer and whether it resulted in in8 jury or death; and 

9 (C) the law enforcement agency’s justifica10 tion for use of deadly force, if the agency deter11 mines it was justified. 

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

13 agency required to report data under this section shall 

14 maintain records relating to any matter reported for not 

15 less than 4 years after those records are created. 

16 (e) PENALTY FOR STATES FAILING TO REPORT AS

17 REQUIRED.— 

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

19 shall not receive any amount that would otherwise 

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

21 title I of the Omnibus Crime Control and Safe 

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

23 amount from any other law enforcement assistance 

24 program of the Department of Justice, unless the 

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1 ney General, that the State and each local law en2 forcement agency of the State is in substantial com3 pliance with the requirements of this section. 

4 (2) REALLOCATION.—Amounts not allocated by 

5 reason of this subsection shall be reallocated to 

6 States not disqualified by failure to comply with this 

7 section. 

8 (f) REGULATIONS.—The Attorney General shall pre9 scribe regulations to carry out this section. 

10 TITLE II—POLICING TRANS11 PARENCY THROUGH DATA 

12 Subtitle A—National Police 

13 Misconduct Registry 

14 SEC. 201. ESTABLISHMENT OF NATIONAL POLICE MIS15 CONDUCT REGISTRY. 

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

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

18 establish a National Police Misconduct Registry to be com19 piled and maintained by the Department of Justice. 

20 (b) CONTENTS OF REGISTRY.—The Registry re21 quired to be established under subsection (a) shall contain 

22 the following data with respect to all Federal and local 

23 law enforcement officers: 

24 (1) Each complaint filed against a law enforce25 ment officer, aggregated by— 


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1 (A) complaints that were found to be cred2 ible or that resulted in disciplinary action 

3 against the law enforcement officer, 

4 disaggregated by whether the complaint in5 volved a use of force or racial profiling (as such 

6 term is defined in section 302); 

7 (B) complaints that are pending review, 

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

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

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

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

17 profiling. 

18 (3) Termination records, the reason for each 

19 termination, disaggregated by whether the complaint 

20 involved a use of force or racial profiling. 

21 (4) Records of certification in accordance with 

22 section 202. 

23 (5) Records of lawsuits against law enforcement 

24 officers and settlements of such lawsuits. 


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1 (6) Instances where a law enforcement officer 

2 resigns or retires while under active investigation re3 lated to the use of force. 

4 (c) FEDERAL AGENCY REPORTING REQUIRE5 MENTS.—Not later than 1 year after the date of enact6 ment of this Act, and every 6 months thereafter, the head 

7 of each Federal law enforcement agency shall submit to 

8 the Attorney General the information described in sub9 section (b). 

10 (d) STATE AND LOCAL LAW ENFORCEMENT AGENCY

11 REPORTING REQUIREMENTS.—Beginning in the first fis12 cal year that begins after the date that is one year after 

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

14 thereafter in which a State receives funds under the Byrne 

15 grant program, the State shall, once every 180 days, sub16 mit to the Attorney General the information described in 

17 subsection (b) for the State and each local law enforce18 ment agency within the State. 

19 (e) PUBLIC AVAILABILITY OF REGISTRY.— 

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

21 required under subsection (a), the Attorney General 

22 shall make the Registry available to the public on an 

23 internet website of the Attorney General in a man24 ner that allows members of the public to search for 

25 an individual law enforcement officer’s records of 


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1 misconduct, as described in subsection (b), involving 

2 a use of force or racial profiling. 

3 (2) PRIVACY PROTECTIONS.—Nothing in this 

4 subsection shall be construed to supersede the re5 quirements or limitations under section 552a of title 

6 5, United States Code (commonly known as the 

7 ‘‘Privacy Act of 1974’’). 

8 SEC. 202. CERTIFICATION REQUIREMENTS FOR HIRING OF 

9 LAW ENFORCEMENT OFFICERS. 

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

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

12 of the enactment of this Act, a State or unit of local gov13 ernment, other than an Indian Tribe, may not receive 

14 funds under the Byrne grant program for that fiscal year 

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

16 State or unit of local government has not— 

17 (1) submitted to the Attorney General evidence 

18 that the State or unit of local government has a cer19 tification and decertification program for purposes 

20 of employment as a law enforcement officer in that 

21 State or unit of local government that is consistent 

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

23 (2) submitted to the National Police Mis24 conduct Registry established under section 201 

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1 cers of the State or unit of local government have 

2 completed all State certification requirements during 

3 the 1-year period preceding the fiscal year. 

4 (b) AVAILABILITY OF INFORMATION.—The Attorney 

5 General shall make available to law enforcement agencies 

6 all information in the registry under section 201 for pur7 poses of compliance with the certification and decertifica8 tion programs described in subsection (a)(1) and consid9 ering applications for employment. 

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

11 to carry out this section and section 201, including uni12 form reporting standards. 

13 Subtitle B—PRIDE Act 

14 SEC. 221. SHORT TITLE. 

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

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

17 ‘‘PRIDE Act of 2020’’. 

18 SEC. 222. DEFINITIONS. 

19 In this subtitle: 

20 (1) LOCAL EDUCATIONAL AGENCY.—The term 

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

22 the term in section 8101 of the Elementary and Sec23 ondary Education Act of 1965 (20 U.S.C. 7801). 

24 (2) LOCAL LAW ENFORCEMENT OFFICER.—The 

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1 ing given the term in section 2, and includes a 

2 school resource officer. 

3 (3) SCHOOL.—The term ‘‘school’’ means an ele4 mentary school or secondary school (as those terms 

5 are defined in section 8101 of the Elementary and 

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

7 7801)). 

8 (4) SCHOOL RESOURCE OFFICER.—The term 

9 ‘‘school resource officer’’ means a sworn law enforce10 ment officer who is— 

11 (A) assigned by the employing law enforce12 ment agency to a local educational agency or 

13 school; 

14 (B) contracting with a local educational 

15 agency or school; or 

16 (C) employed by a local educational agency 

17 or school. 

18 SEC. 223. USE OF FORCE REPORTING. 

19 (a) REPORTING REQUIREMENTS.— 

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

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

22 the date of enactment of this Act and each fiscal 

23 year thereafter in which a State or Indian Tribe re24 ceives funds under a Byrne grant program, the 

25 State or Indian Tribe shall— 


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

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

4 regarding— 

5 (i) any incident involving the use of 

6 deadly force against a civilian by— 

7 (I) a local law enforcement offi8 cer who is employed by the State or 

9 by a unit of local government in the 

10 State; or 

11 (II) a tribal law enforcement offi12 cer who is employed by the Indian 

13 Tribe; 

14 (ii) any incident involving the shooting 

15 of a local law enforcement officer or tribal 

16 law enforcement officer described in clause 

17 (i) by a civilian; 

18 (iii) any incident involving the death 

19 or arrest of a local law enforcement officer 

20 or tribal law enforcement officer; 

21 (iv) any incident during which use of 

22 force by or against a local law enforcement 

23 officer or tribal law enforcement officer de24 scribed in clause (i) occurs, which is not 

25 reported under clause (i), (ii), or (iii); 


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1 (v) deaths in custody; and 

2 (vi) uses of force in arrests and book3 ing; 

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

5 to ensure that all use of force incidents are re6 ported by local law enforcement officers or trib7 al law enforcement officers; and 

8 (C) submit to the Attorney General a plan 

9 for the collection of data required to be re10 ported under this section, including any modi11 fications to a previously submitted data collec12 tion plan. 

13 (2) REPORT INFORMATION REQUIRED.— 

14 (A) IN GENERAL.—The report required 

15 under paragraph (1)(A) shall contain informa16 tion that includes, at a minimum— 

17 (i) the national origin, sex, race, eth18 nicity, age, disability, English language 

19 proficiency, and housing status of each ci20 vilian against whom a local law enforce21 ment officer or tribal law enforcement offi22 cer used force; 

23 (ii) the date, time, and location, in24 cluding whether it was on school grounds, 

25 and the zip code, of the incident and 


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1 whether the jurisdiction in which the inci2 dent occurred allows for the open-carry or 

3 concealed-carry of a firearm; 

4 (iii) whether the civilian was armed, 

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

6 had; 

7 (iv) the type of force used against the 

8 officer, the civilian, or both, including the 

9 types of weapons used; 

10 (v) the reason force was used; 

11 (vi) a description of any injuries sus12 tained as a result of the incident; 

13 (vii) the number of officers involved in 

14 the incident; 

15 (viii) the number of civilians involved 

16 in the incident; and 

17 (ix) a brief description regarding the 

18 circumstances surrounding the incident, 

19 which shall include information on— 

20 (I) the type of force used by all 

21 involved persons; 

22 (II) the legitimate police objective 

23 necessitating the use of force; 

24 (III) the resistance encountered 

25 by each local law enforcement officer 


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1 or tribal law enforcement officer in2 volved in the incident; 

3 (IV) the efforts by local law en4 forcement officers or tribal law en5 forcement officers to— 

6 (aa) de-escalate the situation 

7 in order to avoid the use of force; 

8 or 

9 (bb) minimize the level of 

10 force used; and 

11 (V) if applicable, the reason why 

12 efforts described in subclause (IV) 

13 were not attempted. 

14 (B) INCIDENTS REPORTED UNDER DEATH

15 IN CUSTODY REPORTING ACT.—A State or In16 dian Tribe is not required to include in a report 

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

18 the State or Indian Tribe in accordance with 

19 section 20104(a)(2) of the Violent Crime Con20 trol and Law Enforcement Act of 1994 (34 

21 U.S.C. 12104(a)(2)). 

22 (C) RETENTION OF DATA.—Each law en23 forcement agency required to report data under 

24 this section shall maintain records relating to 


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1 any matter so reportable for not less than 4 

2 years after those records are created. 

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

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

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

6 Tribe described in paragraph (1) shall— 

7 (A) conduct an audit of the use of force in8 cident reporting system required to be estab9 lished under paragraph (1)(B); and 

10 (B) submit a report to the Attorney Gen11 eral on the audit conducted under subpara12 graph (A). 

13 (4) COMPLIANCE PROCEDURE.—Prior to sub14 mitting a report under paragraph (1)(A), the State 

15 or Indian Tribe submitting such report shall com16 pare the information compiled to be reported pursu17 ant to clause (i) of paragraph (1)(A) to publicly 

18 available sources, and shall revise such report to in19 clude any incident determined to be missing from 

20 the report based on such comparison. Failure to 

21 comply with the procedures described in the previous 

22 sentence shall be considered a failure to comply with 

23 the requirements of this section. 

24 (b) INELIGIBILITY FOR FUNDS.— 


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

2 a State or Indian Tribe fails to comply with this sec3 tion, the State or Indian Tribe, at the discretion of 

4 the Attorney General, shall be subject to not more 

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

6 otherwise be allocated for that fiscal year to the 

7 State or Indian Tribe under a Byrne grant program. 

8 (2) REALLOCATION.—Amounts not allocated 

9 under a Byrne grant program in accordance with 

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

11 this section shall be reallocated under the Byrne 

12 grant program to States that have not failed to com13 ply with this section. 

14 (3) INFORMATION REGARDING SCHOOL RE15 SOURCE OFFICERS.—The State or Indian Tribe shall 

16 ensure that all schools and local educational agencies 

17 within the jurisdiction of the State or Indian Tribe 

18 provide the State or Indian Tribe with the informa19 tion needed regarding school resource officers to 

20 comply with this section. 

21 (c) PUBLIC AVAILABILITY OF DATA.— 

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

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

24 thereafter, the Attorney General shall publish, and 

25 make available to the public, a report containing the 


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1 data reported to the Attorney General under this 

2 section. 

3 (2) PRIVACY PROTECTIONS.—Nothing in this 

4 subsection shall be construed to supersede the re5 quirements or limitations under section 552a of title 

6 5, United States Code (commonly known as the 

7 ‘‘Privacy Act of 1974’’). 

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

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

10 coordination with the Director of the Federal Bureau of 

11 Investigation, shall issue guidance on best practices relat12 ing to establishing standard data collection systems that 

13 capture the information required to be reported under sub14 section (a)(2), which shall include standard and consistent 

15 definitions for terms. 

16 SEC. 224. USE OF FORCE DATA REPORTING. 

17 (a) TECHNICAL ASSISTANCE GRANTS AUTHOR18 IZED.—The Attorney General may make grants to eligible 

19 law enforcement agencies to be used for the activities de20 scribed in subsection (c). 

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

22 a grant under this section a law enforcement agency 

23 shall— 


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1 (1) be a tribal law enforcement agency or be lo2 cated in a State that receives funds under a Byrne 

3 grant program; 

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

5 enforcement officers; 

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

7 local law enforcement officers or tribal law enforce8 ment officers employed by the law enforcement agen9 cy is publicly available; and 

10 (4) establish and maintain a complaint system 

11 that— 

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

13 to report incidents of use of force to the law en14 forcement agency; 

15 (B) makes all information collected pub16 licly searchable and available; and 

17 (C) provides information on the status of 

18 an investigation related to a use of force com19 plaint. 

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

21 this section may be used by a law enforcement agency 

22 for— 

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

24 Tribe in which the law enforcement agency is located 


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1 in complying with the reporting requirements de2 scribed in section 223; 

3 (2) the cost of establishing necessary systems 

4 required to investigate and report incidents as re5 quired under subsection (b)(4); 

6 (3) public awareness campaigns designed to 

7 gain information from the public on use of force by 

8 or against local and tribal law enforcement officers, 

9 including shootings, which may include tip lines, hot10 lines, and public service announcements; and 

11 (4) use of force training for law enforcement 

12 agencies and personnel, including training on de-es13 calation, implicit bias, crisis intervention techniques, 

14 and adolescent development. 

15 SEC. 225. COMPLIANCE WITH REPORTING REQUIREMENTS. 

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

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

18 the Attorney General shall conduct an audit and review 

19 of the information provided under this subtitle to deter20 mine whether each State or Indian Tribe described in sec21 tion 223(a)(1) is in compliance with the requirements of 

22 this subtitle. 

23 (b) CONSISTENCY IN DATA REPORTING.— 

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

25 this subtitle shall be collected and reported— 


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1 (A) in a manner consistent with existing 

2 programs of the Department of Justice that 

3 collect data on local law enforcement officer en4 counters with civilians; and 

5 (B) in a manner consistent with civil rights 

6 laws for distribution of information to the pub7 lic. 

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

9 the date of enactment of this Act, the Attorney Gen10 eral shall— 

11 (A) issue guidelines on the reporting re12 quirement under section 223; and 

13 (B) seek public comment before finalizing 

14 the guidelines required under subparagraph 

15 (A). 

16 SEC. 226. FEDERAL LAW ENFORCEMENT REPORTING. 

17 The head of each Federal law enforcement agency 

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

19 and pursuant to guidelines established by the Attorney 

20 General, the information required to be reported by a 

21 State or Indian Tribe under section 223. 

22 SEC. 227. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated to the Attor24 ney General such sums as are necessary to carry out this 

25 subtitle. 


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1 TITLE III—IMPROVING POLICE 

2 TRAINING AND POLICIES 

3 Subtitle A—End Racial and 

4 Religious Profiling Act 

5 SEC. 301. SHORT TITLE. 

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

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

8 SEC. 302. DEFINITIONS. 

9 In this subtitle: 

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

11 program’’ means any program or activity funded in 

12 whole or in part with funds made available under— 

13 (A) a Byrne grant program; and 

14 (B) the COPS grant program, except that 

15 no program, project, or other activity specified 

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

17 Omnibus Crime Control and Safe Streets Act of 

18 1968 (34 U.S.C. 10381 et seq.) shall be a cov19 ered program under this paragraph. 

20 (2) GOVERNMENTAL BODY.—The term ‘‘govern21 mental body’’ means any department, agency, special 

22 purpose district, or other instrumentality of Federal, 

23 State, local, or Indian Tribal government. 

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

25 percentage of stops and searches in which a law enVerDate Sep 11 2014 23:40 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H7120.PCS H7120

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1 forcement agent finds drugs, a gun, or something 

2 else that leads to an arrest. The hit rate is cal3 culated by dividing the total number of searches by 

4 the number of searches that yield contraband. The 

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

6 (4) LAW ENFORCEMENT AGENCY.—The term 

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

8 State, or local public agency engaged in the preven9 tion, detection, or investigation of violations of crimi10 nal, immigration, or customs laws. 

11 (5) LAW ENFORCEMENT AGENT.—The term 

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

13 or local official responsible for enforcing criminal, 

14 immigration, or customs laws, including police offi15 cers and other agents of a law enforcement agency. 

16 (6) RACIAL PROFILING.— 

17 (A) IN GENERAL.—The term ‘‘racial 

18 profiling’’ means the practice of a law enforce19 ment agent or agency relying, to any degree, on 

20 actual or perceived race, ethnicity, national ori21 gin, religion, gender, gender identity, or sexual 

22 orientation in selecting which individual to sub23 ject to routine or spontaneous investigatory ac24 tivities or in deciding upon the scope and sub25 stance of law enforcement activity following the 


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1 initial investigatory procedure, except when 

2 there is trustworthy information, relevant to the 

3 locality and timeframe, that links a person with 

4 a particular characteristic described in this 

5 paragraph to an identified criminal incident or 

6 scheme. 

7 (B) EXCEPTION.—For purposes of sub8 paragraph (A), a tribal law enforcement officer 

9 exercising law enforcement authority within In10 dian country, as that term is defined in section 

11 1151 of title 18, United States Code, is not 

12 considered to be racial profiling with respect to 

13 making key jurisdictional determinations that 

14 are necessarily tied to reliance on actual or per15 ceived race, ethnicity, or tribal affiliation. 

16 (7) ROUTINE OR SPONTANEOUS INVESTIGATORY

17 ACTIVITIES.—The term ‘‘routine or spontaneous in18 vestigatory activities’’ means the following activities 

19 by a law enforcement agent: 

20 (A) Interviews. 

21 (B) Traffic stops. 

22 (C) Pedestrian stops. 

23 (D) Frisks and other types of body 

24 searches. 


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1 (E) Consensual or nonconsensual searches 

2 of the persons, property, or possessions (includ3 ing vehicles) of individuals using any form of 

4 public or private transportation, including mo5 torists and pedestrians. 

6 (F) Data collection and analysis, assess7 ments, and predicated investigations. 

8 (G) Inspections and interviews of entrants 

9 into the United States that are more extensive 

10 than those customarily carried out. 

11 (H) Immigration-related workplace inves12 tigations. 

13 (I) Such other types of law enforcement 

14 encounters compiled for or by the Federal Bu15 reau of Investigation or the Department of Jus16 tice Bureau of Justice Statistics. 

17 (8) REASONABLE REQUEST.—The term ‘‘rea18 sonable request’’ means all requests for information, 

19 except for those that— 

20 (A) are immaterial to the investigation; 

21 (B) would result in the unnecessary disclo22 sure of personal information; or 

23 (C) would place a severe burden on the re24 sources of the law enforcement agency given its 

25 size. 


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1 PART I—PROHIBITION OF RACIAL PROFILING 

2 SEC. 311. PROHIBITION. 

3 No law enforcement agent or law enforcement agency 

4 shall engage in racial profiling. 

5 SEC. 312. ENFORCEMENT. 

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

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

8 action for declaratory or injunctive relief, filed either in 

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

10 of the United States. 

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

12 relief may be obtained against— 

13 (1) any governmental body that employed any 

14 law enforcement agent who engaged in racial 

15 profiling; 

16 (2) any agent of such body who engaged in ra17 cial profiling; and 

18 (3) any person with supervisory authority over 

19 such agent. 

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

21 spontaneous investigatory activities of law enforcement 

22 agents in a jurisdiction have had a disparate impact on 

23 individuals with a particular characteristic described in 

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

25 violation of this part. 


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

2 to enforce this part against any governmental body, the 

3 court may allow a prevailing plaintiff, other than the 

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

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

6 fee. The term ‘‘prevailing plaintiff’’ means a plaintiff that 

7 substantially prevails pursuant to a judicial or administra8 tive judgment or order, or an enforceable written agree9 ment. 

10 PART II—PROGRAMS TO ELIMINATE RACIAL 

11 PROFILING BY FEDERAL LAW ENFORCE12 MENT AGENCIES 

13 SEC. 321. POLICIES TO ELIMINATE RACIAL PROFILING. 

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

15 shall— 

16 (1) maintain adequate policies and procedures 

17 designed to eliminate racial profiling; and 

18 (2) cease existing practices that permit racial 

19 profiling. 

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

22 (1) a prohibition on racial profiling; 

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

24 Federal law enforcement training; 


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

2 regulations issued by the Attorney General under 

3 section 341; 

4 (4) procedures for receiving, investigating, and 

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

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

9 racial profiling by Federal law enforcement agencies. 

10 PART III—PROGRAMS TO ELIMINATE RACIAL 

11 PROFILING BY STATE AND LOCAL LAW EN12 FORCEMENT AGENCIES 

13 SEC. 331. POLICIES REQUIRED FOR GRANTS. 

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

15 unit of local government for funding under a covered pro16 gram shall include a certification that such State, unit of 

17 local government, and any law enforcement agency to 

18 which it will distribute funds— 

19 (1) maintains adequate policies and procedures 

20 designed to eliminate racial profiling; and 

21 (2) has eliminated any existing practices that 

22 permit or encourage racial profiling. 

23 (b) POLICIES.—The policies and procedures de24 scribed in subsection (a)(1) shall include— 

25 (1) a prohibition on racial profiling; 


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

2 law enforcement training; 

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

4 regulations issued by the Attorney General under 

5 section 341; and 

6 (4) participation in an administrative complaint 

7 procedure or independent audit program that meets 

8 the requirements of section 332. 

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

10 12 months after the date of enactment of this Act. 

11 SEC. 332. INVOLVEMENT OF ATTORNEY GENERAL. 

12 (a) REGULATIONS.— 

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

14 after the date of enactment of this Act and in con15 sultation with stakeholders, including Federal, State, 

16 and local law enforcement agencies and community, 

17 professional, research, and civil rights organizations, 

18 the Attorney General shall issue regulations for the 

19 operation of administrative complaint procedures 

20 and independent audit programs to ensure that such 

21 procedures and programs provide an appropriate re22 sponse to allegations of racial profiling by law en23 forcement agents or agencies. 

24 (2) GUIDELINES.—The regulations issued 

25 under paragraph (1) shall contain guidelines that 


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1 ensure the fairness, effectiveness, and independence 

2 of the administrative complaint procedures and inde3 pendent auditor programs. 

4 (b) NONCOMPLIANCE.—If the Attorney General de5 termines that the recipient of a grant from any covered 

6 program is not in compliance with the requirements of sec7 tion 331 or the regulations issued under subsection (a), 

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

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

10 or more grants to the recipient under the covered pro11 gram, until the recipient establishes compliance. 

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

13 provide notice and an opportunity for private parties to 

14 present evidence to the Attorney General that a recipient 

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

16 with the requirements of this part. 

17 SEC. 333. DATA COLLECTION DEMONSTRATION PROJECT. 

18 (a) TECHNICAL ASSISTANCE GRANTS FOR DATA

19 COLLECTION.— 

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

21 through competitive grants or contracts, carry out a 

22 2-year demonstration project for the purpose of de23 veloping and implementing data collection programs 

24 on the hit rates for stops and searches by law en25 forcement agencies. The data collected shall be 


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1 disaggregated by race, ethnicity, national origin, 

2 gender, and religion. 

3 (2) NUMBER OF GRANTS.—The Attorney Gen4 eral shall provide not more than 5 grants or con5 tracts under this section. 

6 (3) ELIGIBLE GRANTEES.—Grants or contracts 

7 under this section shall be awarded to law enforce8 ment agencies that serve communities where there is 

9 a significant concentration of racial or ethnic minori10 ties and that are not already collecting data volun11 tarily. 

12 (b) REQUIRED ACTIVITIES.—Activities carried out 

13 with a grant under this section shall include— 

14 (1) developing a data collection tool and report15 ing the compiled data to the Attorney General; and 

16 (2) training of law enforcement personnel on 

17 data collection, particularly for data collection on hit 

18 rates for stops and searches. 

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

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

21 enter into a contract with an institution of higher edu22 cation (as defined in section 101 of the Higher Education 

23 Act of 1965 (20 U.S.C. 1001)) to analyze the data col24 lected by each of the grantees funded under this section. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out activities 

3 under this section— 

4 (1) $5,000,000, over a 2-year period, to carry 

5 out the demonstration program under subsection 

6 (a); and 

7 (2) $500,000 to carry out the evaluation under 

8 subsection (c). 

9 SEC. 334. DEVELOPMENT OF BEST PRACTICES. 

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

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

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

13 113 and 114, is amended by adding at the end the fol14 lowing: 

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

16 covered by an application, the applicant will use not 

17 less than 10 percent of the total amount of the 

18 grant award for the fiscal year to develop and imple19 ment best practice devices and systems to eliminate 

20 racial profiling in accordance with section 334 of the 

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

22 (b) DEVELOPMENT OF BEST PRACTICES.—Grant 

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

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

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


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1 of this section, shall be for programs that include the fol2 lowing: 

3 (1) The development and implementation of 

4 training to prevent racial profiling and to encourage 

5 more respectful interaction with the public. 

6 (2) The acquisition and use of technology to fa7 cilitate the accurate collection and analysis of data. 

8 (3) The development and acquisition of feed9 back systems and technologies that identify law en10 forcement agents or units of agents engaged in, or 

11 at risk of engaging in, racial profiling or other mis12 conduct. 

13 (4) The establishment and maintenance of an 

14 administrative complaint procedure or independent 

15 auditor program. 

16 SEC. 335. AUTHORIZATION OF APPROPRIATIONS. 

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

19 part. 

20 PART IV—DATA COLLECTION 

21 SEC. 341. ATTORNEY GENERAL TO ISSUE REGULATIONS. 

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

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

24 in consultation with stakeholders, including Federal, 

25 State, and local law enforcement agencies and community, 


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1 professional, research, and civil rights organizations, shall 

2 issue regulations for the collection and compilation of data 

3 under sections 321 and 331. 

4 (b) REQUIREMENTS.—The regulations issued under 

5 subsection (a) shall— 

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

8 (2) provide that the data collected shall— 

9 (A) be disaggregated by race, ethnicity, na10 tional origin, gender, disability, and religion; 

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

12 such investigatory activities; 

13 (C) include detail sufficient to permit an 

14 analysis of whether a law enforcement agency is 

15 engaging in racial profiling; and 

16 (D) not include personally identifiable in17 formation; 

18 (3) provide that a standardized form shall be 

19 made available to law enforcement agencies for the 

20 submission of collected data to the Department of 

21 Justice; 

22 (4) provide that law enforcement agencies shall 

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


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1 the Civil Rights Division and the Department of 

2 Justice Bureau of Justice Statistics; 

3 (5) provide that law enforcement agencies shall 

4 maintain all data collected under this subtitle for not 

5 less than 4 years; 

6 (6) include guidelines for setting comparative 

7 benchmarks, consistent with best practices, against 

8 which collected data shall be measured; 

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

11 (A) analyze the data for any statistically 

12 significant disparities, including— 

13 (i) disparities in the percentage of 

14 drivers or pedestrians stopped relative to 

15 the proportion of the population passing 

16 through the neighborhood; 

17 (ii) disparities in the hit rate; and 

18 (iii) disparities in the frequency of 

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

21 searches performed on nonminority drivers; 

22 and 

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

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


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1 (i) prepare a report regarding the 

2 findings of the analysis conducted under 

3 subparagraph (A); 

4 (ii) provide such report to Congress; 

5 and 

6 (iii) make such report available to the 

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

9 with accessibility standards under the 

10 Americans with Disabilities Act of 1990 

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

12 (8) protect the privacy of individuals whose 

13 data is collected by— 

14 (A) limiting the use of the data collected 

15 under this subtitle to the purposes set forth in 

16 this subtitle; 

17 (B) except as otherwise provided in this 

18 subtitle, limiting access to the data collected 

19 under this subtitle to those Federal, State, or 

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

22 set forth in this subtitle; 

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

25 to the data collected under this subtitle to sign 


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

3 (A); and 

4 (D) requiring the maintenance of adequate 

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

7 SEC. 342. PUBLICATION OF DATA. 

8 The Director of the Bureau of Justice Statistics of 

9 the Department of Justice shall provide to Congress and 

10 make available to the public, together with each annual 

11 report described in section 341, the data collected pursu12 ant to this subtitle, excluding any personally identifiable 

13 information described in section 343. 

14 SEC. 343. LIMITATIONS ON PUBLICATION OF DATA. 

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

17 in any activity for which data is collected and compiled 

18 under this subtitle shall not be— 

19 (1) released to the public; 

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

21 (A) such disclosures as are necessary to 

22 comply with this subtitle; 

23 (B) disclosures of information regarding a 

24 particular person to that person; or 

25 (C) disclosures pursuant to litigation; or 


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1 (3) subject to disclosure under section 552 of 

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

3 Freedom of Information Act), except for disclosures 

4 of information regarding a particular person to that 

5 person. 

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

8 IN THE UNITED STATES 

9 SEC. 351. ATTORNEY GENERAL TO ISSUE REGULATIONS 

10 AND REPORTS. 

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

13 shall issue such other regulations as the Attorney General 

14 determines are necessary to implement this subtitle. 

15 (b) REPORTS.— 

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

17 the date of enactment of this Act, and annually 

18 thereafter, the Attorney General shall submit to 

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

21 (2) SCOPE.—Each report submitted under 

22 paragraph (1) shall include— 

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


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1 other reliable source of information regarding 

2 racial profiling in the United States; 

3 (B) a discussion of the findings in the 

4 most recent report prepared by the Department 

5 of Justice Bureau of Justice Statistics under 

6 section 341(b)(7); 

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

9 law enforcement agencies under section 321 

10 and by the State and local law enforcement 

11 agencies under sections 331 and 332; and 

12 (D) a description of any other policies and 

13 procedures that the Attorney General believes 

14 would facilitate the elimination of racial 

15 profiling. 

16 Subtitle B—Additional Reforms 

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

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

21 (1) a training program for law enforcement of22 ficers to cover racial profiling, implicit bias, and pro23 cedural justice; and 

24 (2) a clear duty for Federal law enforcement of25 ficers to intervene in cases where another law enVerDate Sep 11 2014 23:40 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H7120.PCS H7120

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1 forcement officer is using excessive force against a 

2 civilian, and establish a training program that covers 

3 the duty to intervene. 

4 (b) MANDATORY TRAINING FOR FEDERAL LAW EN5 FORCEMENT OFFICERS.—The head of each Federal law 

6 enforcement agency shall require each Federal law en7 forcement officer employed by the agency to complete the 

8 training programs established under subsection (a). 

9 (c) LIMITATION ON ELIGIBILITY FOR FUNDS.—Be10 ginning in the first fiscal year that begins after the date 

11 that is one year after the date of enactment of this Act, 

12 a State or unit of local government may not receive funds 

13 under the Byrne grant program for a fiscal year if, on 

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

15 or unit of local government does not require each law en16 forcement officer in the State or unit of local government 

17 to complete the training programs established under sub18 section (a). 

19 (d) GRANTS TO TRAIN LAW ENFORCEMENT OFFI20 CERS ON USE OF FORCE.—Section 501(a)(1) of title I of 

21 the Omnibus Crime Control and Safe Streets Act of 1968 

22 (34 U.S.C. 10152(a)(1)) is amended by adding at the end 

23 the following: 


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1 ‘‘(I) Training programs for law enforce2 ment officers, including training programs on 

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

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

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

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

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

8 search warrant authorized under this section shall require 

9 that a law enforcement officer execute the search warrant 

10 only after providing notice of his or her authority and pur11 pose.’’. 

12 (b) LIMITATION ON ELIGIBILITY FOR FUNDS.—Be13 ginning in the first fiscal year that begins after the date 

14 that is one year after the date of enactment of this Act, 

15 a State or unit of local government may not receive funds 

16 under the COPS grant program for a fiscal year if, on 

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

18 or unit of local government does not have in effect a law 

19 that prohibits the issuance of a no-knock warrant in a 

20 drug case. 

21 (c) DEFINITION.—In this section, the term ‘‘no22 knock warrant’’ means a warrant that allows a law en23 forcement officer to enter a property without requiring the 

24 law enforcement officer to announce the presence of the 


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1 law enforcement officer or the intention of the law enforce2 ment officer to enter the property. 

3 SEC. 363. INCENTIVIZING BANNING OF CHOKEHOLDS AND 

4 CAROTID HOLDS. 

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

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

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

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

9 artery restraints that prevent or hinder breathing or re10 duce intake of air of an individual. 

11 (b) LIMITATION ON ELIGIBILITY FOR FUNDS.—Be12 ginning in the first fiscal year that begins after the date 

13 that is one year after the date of enactment of this Act, 

14 a State or unit of local government may not receive funds 

15 under the Byrne grant program or the COPS grant pro16 gram for a fiscal year if, on the day before the first day 

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

18 does not have in effect a law that prohibits law enforce19 ment officers in the State or unit of local government from 

20 using a chokehold or carotid hold. 

21 (c) CHOKEHOLDS AS CIVIL RIGHTS VIOLATIONS.— 

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

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

24 Prevention Act’’. 


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1 (2) CHOKEHOLDS AS CIVIL RIGHTS VIOLA2 TIONS.—Section 242 of title 18, United States Code, 

3 as amended by section 101, is amended by adding 

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

5 section, the application of any pressure to the throat 

6 or windpipe, use of maneuvers that restrict blood or 

7 oxygen flow to the brain, or carotid artery restraints 

8 which prevent or hinder breathing or reduce intake 

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

10 SEC. 364. PEACE ACT. 

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

12 ‘‘Police Exercising Absolute Care With Everyone Act of 

13 2020’’ or the ‘‘PEACE Act of 2020’’. 

14 (b) USE OF FORCE BY FEDERAL LAW ENFORCE15 MENT OFFICERS.— 

16 (1) DEFINITIONS.—In this subsection: 

17 (A) DEESCALATION TACTICS AND TECH18 NIQUES.—The term ‘‘deescalation tactics and 

19 techniques’’ means proactive actions and ap20 proaches used by a Federal law enforcement of21 ficer to stabilize the situation so that more 

22 time, options, and resources are available to 

23 gain a person’s voluntary compliance and re24 duce or eliminate the need to use force, includ25 ing verbal persuasion, warnings, tactical techVerDate Sep 11 2014 23:40 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H7120.PCS H7120

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1 niques, slowing down the pace of an incident, 

2 waiting out a subject, creating distance between 

3 the officer and the threat, and requesting addi4 tional resources to resolve the incident. 

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

6 means that another reasonable Federal law en7 forcement officer would objectively conclude, 

8 under the totality of the circumstances, that 

9 there was no reasonable alternative to the use 

10 of force. 

11 (C) REASONABLE ALTERNATIVES.— 

12 (i) IN GENERAL.—The term ‘‘reason13 able alternatives’’ means tactics and meth14 ods used by a Federal law enforcement of15 ficer to effectuate an arrest that do not 

16 unreasonably increase the risk posed to the 

17 law enforcement officer or another person, 

18 including verbal communication, distance, 

19 warnings, deescalation tactics and tech20 niques, tactical repositioning, and other 

21 tactics and techniques intended to stabilize 

22 the situation and reduce the immediacy of 

23 the risk so that more time, options, and re24 sources can be called upon to resolve the 

25 situation without the use of force. 


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1 (ii) DEADLY FORCE.—With respect to 

2 the use of deadly force, the term ‘‘reason3 able alternatives’’ includes the use of less 

4 lethal force. 

5 (D) TOTALITY OF THE CIRCUMSTANCES.— 

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

7 all credible facts known to the Federal law en8 forcement officer leading up to and at the time 

9 of the use of force, including the actions of the 

10 person against whom the Federal law enforce11 ment officer uses such force and the actions of 

12 the Federal law enforcement officer. 

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

14 Federal law enforcement officer may not use any 

15 less lethal force unless— 

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

17 necessary and proportional in order to effec18 tuate an arrest of a person who the officer has 

19 probable cause to believe has committed a 

20 criminal offense; and 

21 (B) reasonable alternatives to the use of 

22 the form of less lethal force have been ex23 hausted. 


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

2 A Federal law enforcement officer may not use 

3 deadly force against a person unless— 

4 (A) the form of deadly force used is nec5 essary, as a last resort, to prevent imminent 

6 and serious bodily injury or death to the officer 

7 or another person; 

8 (B) the use of the form of deadly force cre9 ates no substantial risk of injury to a third per10 son; and 

11 (C) reasonable alternatives to the use of 

12 the form of deadly force have been exhausted. 

13 (4) REQUIREMENT TO GIVE VERBAL WARN14 ING.—When feasible, prior to using force against a 

15 person, a Federal law enforcement officer shall iden16 tify himself or herself as a Federal law enforcement 

17 officer, and issue a verbal warning to the person 

18 that the Federal law enforcement officer seeks to ap19 prehend, which shall— 

20 (A) include a request that the person sur21 render to the law enforcement officer; and 

22 (B) notify the person that the law enforce23 ment officer will use force against the person if 

24 the person resists arrest or flees. 


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

2 than 120 days after the date of enactment of this 

3 Act, the Attorney General, in consultation with im4 pacted persons, communities, and organizations, in5 cluding representatives of civil and human rights or6 ganizations, victims of police use of force, and rep7 resentatives of law enforcement associations, shall 

8 provide guidance to Federal law enforcement agen9 cies on— 

10 (A) the types of less lethal force and dead11 ly force that are prohibited under paragraphs 

12 (2) and (3); and 

13 (B) how a Federal law enforcement officer 

14 can— 

15 (i) assess whether the use of force is 

16 appropriate and necessary; and 

17 (ii) use the least amount of force 

18 when interacting with— 

19 (I) pregnant individuals; 

20 (II) children and youth under 21 

21 years of age; 

22 (III) elderly persons; 

23 (IV) persons with mental, behav24 ioral, or physical disabilities or im25 pairments; 


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1 (V) persons experiencing percep2 tual or cognitive impairments due to 

3 use of alcohol, narcotics, 

4 hallucinogens, or other drugs; 

5 (VI) persons suffering from a se6 rious medical condition; and 

7 (VII) persons with limited 

8 English proficiency. 

9 (6) TRAINING.—The Attorney General shall 

10 provide training to Federal law enforcement officers 

11 on interacting people described in subclauses (I) 

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

13 (7) LIMITATION ON JUSTIFICATION DE14 FENSE.— 

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

16 United States Code, is amended by adding at 

17 the end the following: 

18 ‘‘§ 1123. Limitation on justification defense for Fed19 eral law enforcement officers 

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

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

22 force or deadly force by a Federal law enforcement officer 

23 was justified if— 


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1 ‘‘(1) that officer’s use of use of such force was 

2 inconsistent 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 

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

6 to the 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 

11 Policing 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 

16 States Code, is amended by inserting after the 

17 item relating 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 re23 ceive funds that the State or unit of local govern24 ment would otherwise receive under a Byrne grant 


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1 program for a fiscal year if, on the day before the 

2 first day of the fiscal year, the State or unit of local 

3 government does not have in effect a law that is con4 sistent with subsection (b) of this section and section 

5 1123 of title 18, United States Code, as determined 

6 by the Attorney General. 

7 (2) SUBSEQUENT ENACTMENT.— 

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

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

10 of local government pursuant to paragraph (1) 

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

12 of local government enacts or puts in place a 

13 law described in paragraph (1), and dem14 onstrates substantial efforts to enforce such 

15 law, subject to subparagraph (B), the State or 

16 unit of local government shall be eligible, in the 

17 fiscal year after the fiscal year during which the 

18 State or unit of local government demonstrates 

19 such substantial efforts, to receive the total 

20 amount that the State or unit of local govern21 ment would have received during each fiscal 

22 year for which funds were withheld. 

23 (B) LIMIT ON AMOUNT OF PRIOR YEAR

24 FUNDS.—A State or unit of local government 

25 may not receive funds under subparagraph (A) 


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1 in an amount that is more than the amount 

2 withheld from the State or unit of local govern3 ment during the 5-fiscal-year period before the 

4 fiscal year during which funds are received 

5 under subparagraph (A). 

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

7 the date of enactment of this Act, the Attorney Gen8 eral, in consultation with impacted persons, commu9 nities, and organizations, including representatives 

10 of civil and human rights organizations, individuals 

11 against whom a law enforcement officer used force, 

12 and representatives of law enforcement associations, 

13 shall make guidance available to States and units of 

14 local government on the criteria that the Attorney 

15 General will use in determining whether the State or 

16 unit of local government has in place a law described 

17 in paragraph (1). 

18 (4) APPLICATION.—This subsection shall apply 

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

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

21 and each fiscal year thereafter. 

22 SEC. 365. STOP MILITARIZING LAW ENFORCEMENT ACT. 

23 (a) FINDINGS.—Congress makes the following find24 ings: 


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

2 States Code, the Department of Defense is author3 ized to provide excess property to local law enforce4 ment agencies. The Defense Logistics Agency, ad5 ministers such section by operating the Law En6 forcement Support Office program. 

7 (2) New and used material, including mine-re8 sistant ambush-protected vehicles and weapons de9 termined by the Department of Defense to be ‘‘mili10 tary grade’’ are transferred to Federal, Tribal, 

11 State, and local law enforcement agencies through 

12 the program. 

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

14 including police and sheriff’s departments, are ac15 quiring this material for use in their normal oper16 ations. 

17 (4) As a result of the wars in Iraq and Afghani18 stan, military equipment purchased for, and used in, 

19 those wars has become excess property and has been 

20 made available for transfer to local and Federal law 

21 enforcement agencies. 

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

23 of property was transferred to law enforcement 

24 agencies. 


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1 (6) More than $6,800,000,000 worth of weap2 ons and equipment have been transferred to police 

3 organizations in all 50 States and four territories 

4 through the program. 

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

6 instituted a moratorium on weapons transfers 

7 through the program after reports of missing equip8 ment and inappropriate weapons transfers. 

9 (8) Though the moratorium was widely pub10 licized, it was lifted in October 2013 without ade11 quate safeguards. 

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

13 Obama issued Executive Order 13688 to better co14 ordinate and regulate the federal transfer of military 

15 weapons and equipment to State, local, and Tribal 

16 law enforcement agencies. 

17 (10) In July, 2017, the Government Account18 ability Office reported that the program’s internal 

19 controls were inadequate to prevent fraudulent appli20 cants’ access to the program. 

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

22 Trump rescinded Executive Order 13688 despite a 

23 July 2017 Government Accountability Office report 

24 finding deficiencies with the administration of the 

25 1033 program. 


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

2 enforcement departments across the country are eli3 gible again to acquire free ‘‘military-grade’’ weapons 

4 and equipment that could be used inappropriately 

5 during policing efforts in which people and taxpayers 

6 could be harmed. 

7 (13) The Department of Defense categorizes 

8 equipment eligible for transfer under the 1033 pro9 gram as ‘‘controlled’’ and ‘‘un-controlled’’ equip10 ment. ‘‘Controlled equipment’’ includes weapons, ex11 plosives such as flash-bang grenades, mine-resistant 

12 ambush-protected vehicles, long-range acoustic de13 vices, aircraft capable of being modified to carry ar14 mament that are combat coded, and silencers, 

15 among other military grade items. 

16 (b) LIMITATION ON DEPARTMENT OF DEFENSE

17 TRANSFER OF PERSONAL PROPERTY TO LOCAL LAW EN18 FORCEMENT AGENCIES.— 

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

20 United States Code, is amended— 

21 (A) in subsection (a)— 

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

23 ‘‘counterdrug, counterterrorism, and bor24 der security activities’’ and inserting 

25 ‘‘counterterrorism’’; and 


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

2 the Director of National Drug Control Pol3 icy,’’; 

4 (B) in subsection (b)— 

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

6 ‘‘and’’ at the end; 

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

8 period and inserting a semicolon; and 

9 (iii) by adding at the end the fol10 lowing new paragraphs: 

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

12 Defense a description of how the recipient expects to 

13 use the property; 

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

15 Defense that if the recipient determines that the 

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

17 recipient will return the property to the Department 

18 of Defense; 

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

20 Federal agency, the recipient certifies to the Depart21 ment of Defense that the recipient notified the local 

22 community of the request for personal property 

23 under this section by— 

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

25 a publicly accessible Internet website; 


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1 ‘‘(B) posting such notice at several promi2 nent locations in the jurisdiction of the recipi3 ent; and 

4 ‘‘(C) ensuring that such notices were avail5 able to the local community for a period of not 

6 less than 30 days; and 

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

8 the city council or other local governing body to ac9 quire the personal property sought under this sec10 tion.’’; 

11 (C) by striking subsection (d); 

12 (D) by redesignating subsections (e) and 

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

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

15 following new subsections: 

16 ‘‘(d) ANNUAL CERTIFICATION ACCOUNTING FOR

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

18 Secretary shall submit to Congress certification in writing 

19 that each Federal or State agency to which the Secretary 

20 has transferred property under this section— 

21 ‘‘(A) has provided to the Secretary documenta22 tion accounting for all controlled property, including 

23 arms and ammunition, that the Secretary has trans24 ferred to the agency, including any item described in 

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


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1 enactment of the George Floyd Justice in Policing 

2 Act of 2020; and 

3 ‘‘(B) with respect to a non-Federal agency, car4 ried out each of paragraphs (5) through (8) of sub5 section (b). 

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

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

8 Secretary may not transfer additional property to that 

9 agency under this section. 

10 ‘‘(e) ANNUAL REPORT ON EXCESS PROPERTY.—Be11 fore making any property available for transfer under this 

12 section, the Secretary shall annually submit to Congress 

13 a description of the property to be transferred together 

14 with a certification that the transfer of the property would 

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

16 ‘‘(f) LIMITATIONS ON TRANSFERS.—(1) The Sec17 retary may not transfer to Federal, Tribal, State, or local 

18 law enforcement agencies the following under this section: 

19 ‘‘(A) Firearms, ammunition, bayonets, grenade 

20 launchers, grenades (including stun and flash-bang), 

21 and explosives. 

22 ‘‘(B) Vehicles, except for passenger automobiles 

23 (as such term is defined in section 32901(a)(18) of 

24 title 49, United States Code) and bucket trucks. 

25 ‘‘(C) Drones. 


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1 ‘‘(D) Controlled aircraft that— 

2 ‘‘(i) are combat configured or combat 

3 coded; or 

4 ‘‘(ii) have no established commercial flight 

5 application. 

6 ‘‘(E) Silencers. 

7 ‘‘(F) Long-range acoustic devices. 

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

9 banned items. 

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

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

12 agency demonstrate the use of any small arms or ammuni13 tion. 

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

15 apply with respect to the transfer of previously transferred 

16 property of the Department of Defense from one Federal 

17 or State agency to another such agency. 

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

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

20 of such paragraph (other than a mine-resistant ambush21 protected vehicle), if the Secretary determines that such 

22 a waiver is necessary for disaster or rescue purposes or 

23 for another purpose where life and public safety are at 

24 risk, as demonstrated by the proposed recipient of the ve25 hicle. 


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1 ‘‘(B) If the Secretary issues a waiver under subpara2 graph (A), the Secretary shall— 

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

4 and post such notice on a public Internet website of 

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

6 date on which the waiver is issued; and 

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

8 the recipient of the vehicle for which the waiver is 

9 issued provides public notice of the waiver and the 

10 transfer, including the type of vehicle and the pur11 pose for which it is transferred, in the jurisdiction 

12 where the recipient is located by not later than 30 

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

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

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

16 in the case of parts for aircraft described in such subpara17 graph that are transferred as part of regular maintenance 

18 of aircraft in an existing fleet. 

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

20 any transfer of property under this section, that the Fed21 eral or State agency that receives the property shall return 

22 the property to the Secretary if the agency— 

23 ‘‘(A) is investigated by the Department of Jus24 tice for any violation of civil liberties; or 


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

2 widespread abuses of civil liberties. 

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

4 Notwithstanding any other provision of law, amounts au5 thorized to be appropriated or otherwise made available 

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

7 carry out this section unless the Secretary submits to Con8 gress certification that for the preceding fiscal year that— 

9 ‘‘(1) each Federal or State agency that has re10 ceived controlled property transferred under this sec11 tion has— 

12 ‘‘(A) demonstrated 100 percent account13 ability for all such property, in accordance with 

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

15 ‘‘(B) been suspended from the program 

16 pursuant to paragraph (4); 

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

18 that has received controlled property under this sec19 tion, the State coordinator responsible for each such 

20 agency has verified that the coordinator or an agent 

21 of the coordinator has conducted an in-person inven22 tory of the property transferred to the agency and 

23 that 100 percent of such property was accounted for 

24 during the inventory or that the agency has been 


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1 suspended from the program pursuant to paragraph 

2 (4); 

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

4 has received controlled property under this section, 

5 the Secretary of Defense or an agent of the Sec6 retary has conducted an in-person inventory of the 

7 property transferred to the agency and that 100 per8 cent of such property was accounted for during the 

9 inventory or that the agency has been suspended 

10 from the program pursuant to paragraph (4); 

11 ‘‘(4) the eligibility of any agency that has re12 ceived controlled property under this section for 

13 which 100 percent of the property was not ac14 counted for during an inventory described in para15 graph (1) or (2), as applicable, to receive any prop16 erty transferred under this section has been sus17 pended; and 

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

19 each non-Federal agency located in the State for 

20 which the State coordinator is responsible 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; and 


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

2 each Federal agency that has received property 

3 under this section that— 

4 ‘‘(A) the agency has complied with all re5 quirements under this section; or 

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

7 property transferred under this section has been 

8 suspended. 

9 ‘‘(h) PROHIBITION ON OWNERSHIP OF CONTROLLED

10 PROPERTY.—A Federal or State agency that receives con11 trolled property under this section may not take ownership 

12 of the property. 

13 ‘‘(i) NOTICE TO CONGRESS OF PROPERTY DOWN14 GRADES.—Not later than 30 days before downgrading the 

15 classification of any item of personal property from con16 trolled or Federal Supply Class, the Secretary shall submit 

17 to Congress notice of the proposed downgrade. 

18 ‘‘(j) NOTICE TO CONGRESS OF PROPERTY CANNIBAL19 IZATION.—Before the Defense Logistics Agency author20 izes the recipient of property transferred under this sec21 tion to cannibalize the property, the Secretary shall submit 

22 to Congress notice of such authorization, including the 

23 name of the recipient requesting the authorization, the 

24 purpose of the proposed cannibalization, and the type of 

25 property proposed to be cannibalized. 


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

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

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

4 a report on any uses of controlled property transferred 

5 under this section during that fiscal quarter. 

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

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

8 submit to Congress a report on the following for the pre9 ceding fiscal year: 

10 ‘‘(1) The percentage of equipment lost by re11 cipients of property transferred under this section, 

12 including specific information about the type of 

13 property lost, the monetary value of such property, 

14 and the recipient that lost the property. 

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

16 A) property transferred under this section, including 

17 specific information about the type of property, the 

18 recipient of the property, the monetary value of each 

19 item of the property, and the total monetary value 

20 of all such property transferred during the fiscal 

21 year.’’. 

22 (2) EFFECTIVE DATE.—The amendments made 

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

24 transfer of property made after the date of the en25 actment of this Act. 


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1 SEC. 366. PUBLIC SAFETY INNOVATION GRANTS. 

2 (a) BYRNE GRANTS USED FOR LOCAL TASK FORCES

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

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

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

6 amended by adding at the end the following: 

7 ‘‘(3) LOCAL TASK FORCES ON PUBLIC SAFETY

8 INNOVATION.— 

9 ‘‘(A) IN GENERAL.—A law enforcement 

10 program under paragraph (1)(A) may include 

11 the development of best practices for and the 

12 creation of local task forces on public safety in13 novation, charged with exploring and developing 

14 new strategies for public safety, including non15 law enforcement strategies. 

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

17 force on public safety innovation’ means an ad18 ministrative entity, created from partnerships 

19 between community-based organizations and 

20 other local stakeholders, that may develop inno21 vative law enforcement and non-law enforce22 ment strategies to enhance just and equitable 

23 public safety, repair breaches of trust between 

24 law enforcement agencies and the community 

25 they pledge to serve, and enhance accountability 

26 of law enforcement officers.’’. 


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1 (b) CRISIS INTERVENTION TEAMS.—Section 501(c) 

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

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

4 at the end the following: 

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

6 funded under subsection (a)(1)(H), a program as7 sessment under this subsection shall contain a report 

8 on best practices for crisis intervention.’’. 

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

10 ENFORCEMENT OFFICERS WHO ARE RESIDENTS OF THE

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

12 of the Omnibus Crime Control and Safe Streets Act of 

13 1968 (34 U.S.C. 10381(b)), as amended by this Act, is 

14 further amended— 

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

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

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

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

19 (3) by inserting after paragraph (22) the fol20 lowing: 

21 ‘‘(23) to recruit, hire, incentivize, retain, de22 velop, and train new, additional career law enforce23 ment officers or current law enforcement officers 

24 who are willing to relocate to communities— 


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

2 relationships between police and residents of the 

3 community, or where there are high incidents of 

4 crime; and 

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

6 enforcement officers serve, or that are in close 

7 proximity to the communities that the law en8 forcement officers serve; 

9 ‘‘(24) to collect data on the number of law en10 forcement officers who are willing to relocate to the 

11 communities where they serve, and whether such law 

12 enforcement officer relocations have impacted crime 

13 in such communities; 

14 ‘‘(25) to develop and publicly report strategies 

15 and timelines to recruit, hire, promote, retain, de16 velop, and train a diverse and inclusive law enforce17 ment workforce, consistent with merit system prin18 ciples and applicable law;’’. 

19 Subtitle C—Law Enforcement Body 

20 Cameras 

21 PART 1—FEDERAL POLICE CAMERA AND 

22 ACCOUNTABILITY ACT 

23 SEC. 371. SHORT TITLE. 

24 This part may be cited as the ‘‘Federal Police Cam25 era and Accountability Act’’. 


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1 SEC. 372. REQUIREMENTS FOR FEDERAL LAW ENFORCE2 MENT OFFICERS REGARDING THE USE OF 

3 BODY CAMERAS. 

4 (a) DEFINITIONS.—In this section: 

5 (1) MINOR.—The term ‘‘minor’’ means any in6 dividual under 18 years of age. 

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

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

9 (A) means any identifiable Federal law en10 forcement officer or any identifiable suspect, 

11 victim, detainee, conversant, injured party, or 

12 other similarly situated person who appears on 

13 the body camera recording; and 

14 (B) does not include people who only inci15 dentally appear on the recording. 

16 (3) VIDEO FOOTAGE.—The term ‘‘video foot17 age’’ means any images or audio recorded by a body 

18 camera. 

19 (b) REQUIREMENT TO WEAR BODY CAMERA.— 

20 (1) IN GENERAL.—Federal law enforcement of21 ficers shall wear a body camera. 

22 (2) REQUIREMENT FOR BODY CAMERA.—A 

23 body camera required under paragraph (1) shall— 

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

25 as the officer’s vision; and 


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1 (B) be worn in a manner that maximizes 

2 the camera’s ability to capture video footage of 

3 the officer’s activities. 

4 (c) REQUIREMENT TO ACTIVATE.— 

5 (1) IN GENERAL.—Both the video and audio re6 cording functions of the body camera shall be acti7 vated whenever a Federal law enforcement officer is 

8 responding to a call for service or at the initiation 

9 of any other law enforcement or investigative stop 

10 (as such term is defined in section 373) between a 

11 Federal law enforcement officer and a member of 

12 the public, except that when an immediate threat to 

13 the officer’s life or safety makes activating the cam14 era impossible or dangerous, the officer shall acti15 vate the camera at the first reasonable opportunity 

16 to do so. 

17 (2) ALLOWABLE DEACTIVATION.—The body 

18 camera shall not be deactivated until the stop has 

19 fully concluded and the Federal law enforcement of20 ficer leaves the scene. 

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

22 Federal law enforcement officer who is wearing a body 

23 camera shall notify any subject of the recording that he 

24 or she is being recorded by a body camera as close to the 

25 inception of the stop as is reasonably possible. 


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1 (e) REQUIREMENTS.—Notwithstanding subsection 

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

3 (1) Prior to entering a private residence with4 out a warrant or in non-exigent circumstances, a 

5 Federal law enforcement officer shall ask the occu6 pant if the occupant wants the officer to discontinue 

7 use of the officer’s body camera. If the occupant re8 sponds affirmatively, the Federal law enforcement 

9 officer shall immediately discontinue use of the body 

10 camera. 

11 (2) When interacting with an apparent crime 

12 victim, a Federal law enforcement officer shall, as 

13 soon as practicable, ask the apparent crime victim if 

14 the apparent crime victim wants the officer to dis15 continue use of the officer’s body camera. If the ap16 parent crime victim responds affirmatively, the Fed17 eral law enforcement officer shall immediately dis18 continue use of the body camera. 

19 (3) When interacting with a person seeking to 

20 anonymously report a crime or assist in an ongoing 

21 law enforcement investigation, a Federal law en22 forcement officer shall, as soon as practicable, ask 

23 the person seeking to remain anonymous, if the per24 son seeking to remain anonymous wants the officer 

25 to discontinue use of the officer’s body camera. If 


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1 the person seeking to remain anonymous responds 

2 affirmatively, the Federal law enforcement officer 

3 shall immediately discontinue use of the body cam4 era. 

5 (f) RECORDING OF OFFERS TO DISCONTINUE USE

6 OF BODY CAMERA.—Each offer of a Federal law enforce7 ment officer to discontinue the use of a body camera made 

8 pursuant to subsection (e), and the responses thereto, 

9 shall be recorded by the body camera prior to dis10 continuing use of the body camera. 

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

12 cameras shall not be used to gather intelligence informa13 tion based on First Amendment protected speech, associa14 tions, or religion, or to record activity that is unrelated 

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

16 or investigative stop between a law enforcement officer 

17 and a member of the public, and shall not be equipped 

18 with or employ any facial recognition technologies. 

19 (h) EXCEPTIONS.—Federal law enforcement offi20 cers— 

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

22 during investigative or enforcement stops with the 

23 public in the case that— 


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1 (A) recording would risk the safety of a 

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

4 (B) recording would pose a serious risk to 

5 national security; or 

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

7 a member of the United States Army Criminal 

8 Investigation Command, or a protective detail 

9 assigned to a Federal or foreign official while 

10 performing his or her duties; and 

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

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

15 (i) RETENTION OF FOOTAGE.— 

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

17 shall be retained by the law enforcement agency that 

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

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

21 footage shall be permanently deleted. 

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

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

25 body camera footage: 


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

2 camera video footage, and their designated legal 

3 counsel. 

4 (B) A parent or legal guardian of a minor 

5 subject of body camera video footage, and their 

6 designated legal counsel. 

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

9 camera video footage, and their designated legal 

10 counsel. 

11 (D) A Federal law enforcement officer 

12 whose body camera recorded the video footage, 

13 and their designated legal counsel, subject to 

14 the limitations and restrictions in this part. 

15 (E) The superior officer of a Federal law 

16 enforcement officer whose body camera re17 corded the video footage, subject to the limita18 tions and restrictions in this part. 

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

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

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

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

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

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

6 cause, any audio or video footage that is captured 

7 shall be treated the same as any other body camera 

8 audio or video footage under this part. 

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

11 subsection (i), the following shall apply to body camera 

12 video footage under this part: 

13 (1) Body camera video footage shall be auto14 matically retained for not less than 3 years if the 

15 video footage captures an interaction or event involv16 ing— 

17 (A) any use of force; or 

18 (B) an stop about which a complaint has 

19 been registered by a subject of the video foot20 age. 

21 (2) Body camera video footage shall be retained 

22 for not less than 3 years if a longer retention period 

23 is voluntarily requested by— 

24 (A) the Federal law enforcement officer 

25 whose body camera recorded the video footage, 


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1 if that officer reasonably asserts the video foot2 age has evidentiary or exculpatory value in an 

3 ongoing investigation; 

4 (B) any Federal law enforcement officer 

5 who is a subject of the video footage, if that of6 ficer reasonably asserts the video footage has 

7 evidentiary or exculpatory value; 

8 (C) any superior officer of a Federal law 

9 enforcement officer whose body camera re10 corded the video footage or who is a subject of 

11 the video footage, if that superior officer rea12 sonably asserts the video footage has evi13 dentiary or exculpatory value; 

14 (D) any Federal law enforcement officer, if 

15 the video footage is being retained solely and 

16 exclusively for police training purposes; 

17 (E) any member of the public who is a 

18 subject of the video footage; 

19 (F) any parent or legal guardian of a 

20 minor who is a subject of the video footage; or 

21 (G) a deceased subject’s spouse, next of 

22 kin, or legally authorized designee. 

23 (k) PUBLIC REVIEW.—For purposes of subpara24 graphs (E), (F), and (G) of subsection (j)(2), any member 

25 of the public who is a subject of video footage, the parent 


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1 or legal guardian of a minor who is a subject of the video 

2 footage, or a deceased subject’s next of kin or legally au3 thorized designee, shall be permitted to review the specific 

4 video footage in question in order to make a determination 

5 as to whether they will voluntarily request it be subjected 

6 to a minimum 3-year retention period. 

7 (l) DISCLOSURE.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), all video footage of an interaction or 

10 event captured by a body camera, if that interaction 

11 or event is identified with reasonable specificity and 

12 requested by a member of the public, shall be pro13 vided to the person or entity making the request in 

14 accordance with the procedures for requesting and 

15 providing government records set forth in the section 

16 552a of title 5, United States Code. 

17 (2) EXCEPTIONS.—The following categories of 

18 video footage shall not be released to the public in 

19 the absence of express written permission from the 

20 non-law enforcement subjects of the video footage: 

21 (A) Video footage not subject to a min22 imum 3-year retention period pursuant to sub23 section (j). 

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1 sively pursuant to paragraph (1)(B) or (2) of 

2 subsection (j). 

3 (3) PRIORITY OF REQUESTS.—Notwithstanding 

4 any time periods established for acknowledging and 

5 responding to records requests in section 552a of 

6 title 5, United States Code, responses to requests for 

7 video footage that is subject to a minimum 3-year 

8 retention period pursuant to subsection (j)(1)(A), 

9 where a subject of the video footage is recorded 

10 being killed, shot by a firearm, or grievously injured, 

11 shall be prioritized and, if approved, the requested 

12 video footage shall be provided as expeditiously as 

13 possible, but in no circumstances later than 5 days 

14 following receipt of the request. 

15 (4) USE OF REDACTION TECHNOLOGY.— 

16 (A) IN GENERAL.—Whenever doing so is 

17 necessary to protect personal privacy, the right 

18 to a fair trial, the identity of a confidential 

19 source or crime victim, or the life or physical 

20 safety of any person appearing in video footage, 

21 redaction technology may be used to obscure 

22 the face and other personally identifying char23 acteristics of that person, including the tone of 

24 the person’s voice, provided the redaction does 

25 not interfere with a viewer’s ability to fully, 


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1 completely, and accurately comprehend the 

2 events captured on the video footage. 

3 (B) REQUIREMENTS.—The following re4 quirements shall apply to redactions under sub5 paragraph (A): 

6 (i) When redaction is performed on 

7 video footage pursuant to this paragraph, 

8 an unedited, original version of the video 

9 footage shall be retained pursuant to the 

10 requirements of subsections (i) and (j). 

11 (ii) Except pursuant to the rules for 

12 the redaction of video footage set forth in 

13 this subsection or where it is otherwise ex14 pressly authorized by this Act, no other ed15 iting or alteration of video footage, includ16 ing a reduction of the video footage’s reso17 lution, shall be permitted. 

18 (m) PROHIBITED WITHHOLDING OF FOOTAGE.— 

19 Body camera video footage may not be withheld from the 

20 public on the basis that it is an investigatory record or 

21 was compiled for law enforcement purposes where any per22 son under investigation or whose conduct is under review 

23 is a police officer or other law enforcement employee and 

24 the video footage relates to that person’s conduct in their 

25 official capacity. 


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1 (n) ADMISSIBILITY.—Any video footage retained be2 yond 6 months solely and exclusively pursuant to sub3 section (j)(2)(D) shall not be admissible as evidence in any 

4 criminal or civil legal or administrative proceeding. 

5 (o) CONFIDENTIALITY.—No government agency or 

6 official, or law enforcement agency, officer, or official may 

7 publicly disclose, release, or share body camera video foot8 age unless— 

9 (1) doing so is expressly authorized pursuant to 

10 this part or another applicable law; or 

11 (2) the video footage is subject to public release 

12 pursuant to subsection (l), and not exempted from 

13 public release pursuant to subsection (l)(1). 

14 (p) LIMITATION ON FEDERAL LAW ENFORCEMENT

15 OFFICER VIEWING OF BODY CAMERA FOOTAGE.—No 

16 Federal law enforcement officer shall review or receive an 

17 accounting of any body camera video footage that is sub18 ject to a minimum 3-year retention period pursuant to 

19 subsection (j)(1) prior to completing any required initial 

20 reports, statements, and interviews regarding the recorded 

21 event, unless doing so is necessary, while in the field, to 

22 address an immediate threat to life or safety. 

23 (q) ADDITIONAL LIMITATIONS.—Video footage may 

24 not be— 


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1 (1) in the case of footage that is not subject to 

2 a minimum 3-year retention period, viewed by any 

3 superior officer of a Federal law enforcement officer 

4 whose body camera recorded the footage absent a 

5 specific allegation of misconduct; or 

6 (2) divulged or used by any law enforcement 

7 agency for any commercial or other non-law enforce8 ment purpose. 

9 (r) THIRD PARTY MAINTENANCE OF FOOTAGE.— 

10 Where a law enforcement agency authorizes a third party 

11 to act as its agent in maintaining body camera footage, 

12 the agent shall not be permitted to independently access, 

13 view, or alter any video footage, except to delete videos 

14 as required by law or agency retention policies. 

15 (s) ENFORCEMENT.— 

16 (1) IN GENERAL.—If any Federal law enforce17 ment officer, or any employee or agent of a Federal 

18 law enforcement agency fails to adhere to the re19 cording or retention requirements contained in this 

20 part, intentionally interferes with a body camera’s 

21 ability to accurately capture video footage, or other22 wise manipulates the video footage captured by a 

23 body camera during or after its operation— 


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1 (A) appropriate disciplinary action shall be 

2 taken against the individual officer, employee, 

3 or agent; 

4 (B) a rebuttable evidentiary presumption 

5 shall be adopted in favor of a criminal defend6 ant who reasonably asserts that exculpatory evi7 dence was destroyed or not captured; and 

8 (C) a rebuttable evidentiary presumption 

9 shall be adopted on behalf of a civil plaintiff 

10 suing the Government, a Federal law enforce11 ment agency, or a Federal law enforcement offi12 cer for damages based on misconduct who rea13 sonably asserts that evidence supporting their 

14 claim was destroyed or not captured. 

15 (2) PROOF COMPLIANCE WAS IMPOSSIBLE.— 

16 The disciplinary action requirement and rebuttable 

17 presumptions described in paragraph (1) may be 

18 overcome by contrary evidence or proof of exigent 

19 circumstances that made compliance impossible. 

20 (t) USE OF FORCE INVESTIGATIONS.—In the case 

21 that a Federal law enforcement officer equipped with a 

22 body camera is involved in, a witness to, or within viewable 

23 sight range of either the use of force by another law en24 forcement officer that results in a death, the use of force 

25 by another law enforcement officer, during which the disVerDate Sep 11 2014 23:40 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\H7120.PCS H7120

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1 charge of a firearm results in an injury, or the conduct 

2 of another law enforcement officer that becomes the sub3 ject of a criminal investigation— 

4 (1) the law enforcement agency that employs 

5 the law enforcement officer, or the agency or depart6 ment conducting the related criminal investigation, 

7 as appropriate, shall promptly take possession of the 

8 body camera, and shall maintain such camera, and 

9 any data on such camera, in accordance with the ap10 plicable rules governing the preservation of evidence; 

11 (2) a copy of the data on such body camera 

12 shall be made in accordance with prevailing forensic 

13 standards for data collection and reproduction; and 

14 (3) such copied data shall be made available to 

15 the public in accordance with subsection (l). 

16 (u) LIMITATION ON USE OF FOOTAGE AS EVI17 DENCE.—Any body camera video footage recorded by a 

18 Federal law enforcement officer that violates this part or 

19 any other applicable law may not be offered as evidence 

20 by any government entity, agency, department, prosecu21 torial office, or any other subdivision thereof in any crimi22 nal or civil action or proceeding against any member of 

23 the public. 

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1 garding body cameras, their use, or the video footage 

2 therefrom that is adopted by a Federal agency or depart3 ment, shall be made publicly available on that agency’s 

4 website. 

5 (w) RULE OF CONSTRUCTION.—Nothing in this part 

6 shall be construed to preempt any laws governing the 

7 maintenance, production, and destruction of evidence in 

8 criminal investigations and prosecutions. 

9 SEC. 373. PATROL VEHICLES WITH IN-CAR VIDEO RECORD10 ING CAMERAS. 

11 (a) DEFINITIONS.—In this section: 

12 (1) AUDIO RECORDING.—The term ‘‘audio re13 cording’’ means the recorded conversation between a 

14 Federal law enforcement officer and a second party. 

15 (2) EMERGENCY LIGHTS.—The term ‘‘emer16 gency lights’’ means oscillating, rotating, or flashing 

17 lights on patrol vehicles. 

18 (3) ENFORCEMENT OR INVESTIGATIVE STOP.— 

19 The term ‘‘enforcement or investigative stop’’ means 

20 an action by a Federal law enforcement officer in re21 lation to enforcement and investigation duties, in22 cluding traffic stops, pedestrian stops, abandoned 

23 vehicle contacts, motorist assists, commercial motor 

24 vehicle stops, roadside safety checks, requests for 


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1 identification, or responses to requests for emer2 gency assistance. 

3 (4) IN-CAR VIDEO CAMERA.—The term ‘‘in-car 

4 video camera’’ means a video camera located in a 

5 patrol vehicle. 

6 (5) IN-CAR VIDEO CAMERA RECORDING EQUIP7 MENT.—The term ‘‘in-car video camera recording 

8 equipment’’ means a video camera recording system 

9 located in a patrol vehicle consisting of a camera as10 sembly, recording mechanism, and an in-car video 

11 recording medium. 

12 (6) RECORDING.—The term ‘‘recording’’ means 

13 the process of capturing data or information stored 

14 on a recording medium as required under this sec15 tion. 

16 (7) RECORDING MEDIUM.—The term ‘‘record17 ing medium’’ means any recording medium for the 

18 retention and playback of recorded audio and video 

19 including VHS, DVD, hard drive, solid state, digital, 

20 or flash memory technology. 

21 (8) WIRELESS MICROPHONE.—The term ‘‘wire22 less microphone’’ means a device worn by a Federal 

23 law enforcement officer or any other equipment used 

24 to record conversations between the officer and a 


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1 second party and transmitted to the recording equip2 ment. 

3 (b) REQUIREMENTS.— 

4 (1) IN GENERAL.—Each Federal law enforce5 ment agency shall install in-car video camera record6 ing equipment in all patrol vehicles with a recording 

7 medium capable of recording for a period of 10 

8 hours or more and capable of making audio record9 ings with the assistance of a wireless microphone. 

10 (2) RECORDING EQUIPMENT REQUIREMENTS.— 

11 In-car video camera recording equipment with a re12 cording medium capable of recording for a period of 

13 10 hours or more shall record activities— 

14 (A) whenever a patrol vehicle is assigned 

15 to patrol duty; 

16 (B) outside a patrol vehicle whenever— 

17 (i) a Federal law enforcement officer 

18 assigned that patrol vehicle is conducting 

19 an enforcement or investigative stop; 

20 (ii) patrol vehicle emergency lights are 

21 activated or would otherwise be activated if 

22 not for the need to conceal the presence of 

23 law enforcement; or 

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1 hance safety, or for any other lawful pur2 pose; and 

3 (C) inside the vehicle when transporting an 

4 arrestee or when an officer reasonably believes 

5 recording may assist with prosecution, enhance 

6 safety, or for any other lawful purpose. 

7 (3) REQUIREMENTS FOR RECORDING.— 

8 (A) IN GENERAL.—A Federal law enforce9 ment officer shall begin recording for an en10 forcement or investigative stop when the officer 

11 determines an enforcement stop is necessary 

12 and shall continue until the enforcement action 

13 has been completed and the subject of the en14 forcement or investigative stop or the officer 

15 has left the scene. 

16 (B) ACTIVATION WITH LIGHTS.—A Fed17 eral law enforcement officer shall begin record18 ing when patrol vehicle emergency lights are ac19 tivated or when they would otherwise be acti20 vated if not for the need to conceal the presence 

21 of law enforcement, and shall continue until the 

22 reason for the activation ceases to exist, regard23 less of whether the emergency lights are no 

24 longer activated. 


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1 (C) PERMISSIBLE RECORDING.—A Federal 

2 law enforcement officer may begin recording if 

3 the officer reasonably believes recording may 

4 assist with prosecution, enhance safety, or for 

5 any other lawful purpose; and shall continue 

6 until the reason for recording ceases to exist. 

7 (4) ENFORCEMENT OR INVESTIGATIVE

8 STOPS.—A Federal law enforcement officer shall 

9 record any enforcement or investigative stop. Audio 

10 recording shall terminate upon release of the violator 

11 and prior to initiating a separate criminal investiga12 tion. 

13 (c) RETENTION OF RECORDINGS.—Recordings made 

14 on in-car video camera recording medium shall be retained 

15 for a storage period of at least 90 days. Under no cir16 cumstances shall any recording made on in-car video cam17 era recording medium be altered or erased prior to the 

18 expiration of the designated storage period. Upon comple19 tion of the storage period, the recording medium may be 

20 erased and reissued for operational use unless otherwise 

21 ordered or if designated for evidentiary or training pur22 poses. 

23 (d) ACCESSIBILITY OF RECORDINGS.—Audio or video 

24 recordings made pursuant to this section shall be available 

25 under the applicable provisions of section 552a of title 5, 


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1 United States Code. Only recorded portions of the audio 

2 recording or video recording medium applicable to the re3 quest will be available for inspection or copying. 

4 (e) MAINTENANCE REQUIRED.—The agency shall en5 sure proper care and maintenance of in-car video camera 

6 recording equipment and recording medium. An officer op7 erating a patrol vehicle must immediately document and 

8 notify the appropriate person of any technical difficulties, 

9 failures, or problems with the in-car video camera record10 ing equipment or recording medium. Upon receiving no11 tice, every reasonable effort shall be made to correct and 

12 repair any of the in-car video camera recording equipment 

13 or recording medium and determine if it is in the public 

14 interest to permit the use of the patrol vehicle. 

15 SEC. 374. FACIAL RECOGNITION TECHNOLOGY. 

16 No camera or recording device authorized or required 

17 to be used under this part may be equipped with or employ 

18 facial recognition technology, and footage from such a 

19 camera or recording device may not be subjected to facial 

20 recognition technology. 

21 SEC. 375. GAO STUDY. 

22 Not later than 1 year after the date of enactment 

23 of this Act, the Comptroller General of the United States 

24 shall conduct a study on Federal law enforcement officer 


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1 training, vehicle pursuits, use of force, and interaction 

2 with citizens, and submit a report on such study to— 

3 (1) the Committees on the Judiciary of the 

4 House of Representatives and of the Senate; 

5 (2) the Committee on Oversight and Reform of 

6 the House of Representatives; and 

7 (3) the Committee on Homeland Security and 

8 Governmental Affairs of the Senate. 

9 SEC. 376. REGULATIONS. 

10 Not later than 6 months after the date of the enact11 ment of this Act, the Attorney General shall issue such 

12 final regulations as are necessary to carry out this part. 

13 SEC. 377. RULE OF CONSTRUCTION. 

14 Nothing in this part shall be construed to impose any 

15 requirement on a Federal law enforcement officer outside 

16 of the course of carrying out that officer’s duty. 

17 PART 2—POLICE CAMERA ACT 

18 SEC. 381. SHORT TITLE. 

19 This part may be cited as the ‘‘Police Creating Ac20 countability by Making Effective Recording Available Act 

21 of 2020’’ or the ‘‘Police CAMERA Act of 2020’’. 

22 SEC. 382. LAW ENFORCEMENT BODY-WORN CAMERA RE23 QUIREMENTS. 

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

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


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

2 334, is amended by adding at the end the following: 

3 ‘‘(10) An assurance that, for each fiscal year 

4 covered by an application, the applicant will use not 

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

6 award for the fiscal year to develop policies and pro7 tocols in compliance with part OO.’’. 

8 (b) REQUIREMENTS.—Title I of the Omnibus Crime 

9 Control and Safe Streets Act of 1968 (34 U.S.C. 10101 

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

11 ‘‘PART OO—LAW ENFORCEMENT BODY-WORN 

12 CAMERAS AND RECORDED DATA 

13 ‘‘SEC. 3051. USE OF GRANT FUNDS. 

14 ‘‘(a) IN GENERAL.—Grant amounts described in 

15 paragraph (10) of section 502(a) of this title— 

16 ‘‘(1) shall be used— 

17 ‘‘(A) to purchase or lease body-worn cam18 eras for use by State, local, and tribal law en19 forcement officers (as defined in section 2503); 

20 ‘‘(B) for expenses related to the implemen21 tation of a body-worn camera program in order 

22 to deter excessive force, improve accountability 

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1 plaints against law enforcement officers, and 

2 improve evidence collection; and 

3 ‘‘(C) to implement policies or procedures to 

4 comply with the requirements described in sub5 section (b); and 

6 ‘‘(2) may not be used for expenses related to fa7 cial recognition technology. 

8 ‘‘(b) REQUIREMENTS.—A recipient of a grant under 

9 subpart 1 of part E of this title shall— 

10 ‘‘(1) establish policies and procedures in accord11 ance with the requirements described in subsection 

12 (c) before law enforcement officers use of body-worn 

13 cameras; 

14 ‘‘(2) adopt recorded data collection and reten15 tion protocols as described in subsection (d) before 

16 law enforcement officers use of body-worn cameras; 

17 ‘‘(3) make the policies and protocols described 

18 in paragraphs (1) and (2) available to the public; 

19 and 

20 ‘‘(4) comply with the requirements for use of 

21 recorded data under subsection (f). 

22 ‘‘(c) REQUIRED POLICIES AND PROCEDURES.—A re23 cipient of a grant under subpart 1 of part E of this title 

24 shall— 


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1 ‘‘(1) develop with community input and publish 

2 for public view policies and protocols for— 

3 ‘‘(A) the safe and effective use of body4 worn cameras; 

5 ‘‘(B) the secure storage, handling, and de6 struction of recorded data collected by body7 worn cameras; 

8 ‘‘(C) protecting the privacy rights of any 

9 individual who may be recorded by a body-worn 

10 camera; 

11 ‘‘(D) the release of any recorded data col12 lected by a body-worn camera in accordance 

13 with the open records laws, if any, of the State; 

14 and 

15 ‘‘(E) making recorded data available to 

16 prosecutors, defense attorneys, and other offi17 cers of the court in accordance with subpara18 graph (E); and 

19 ‘‘(2) conduct periodic evaluations of the security 

20 of the storage and handling of the body-worn camera 

21 data. 

22 ‘‘(d) RECORDED DATA COLLECTION AND RETEN23 TION PROTOCOL.—The recorded data collection and reten24 tion protocol described in this paragraph is a protocol 

25 that— 


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1 ‘‘(1) requires— 

2 ‘‘(A) a law enforcement officer who is 

3 wearing a body-worn camera to provide an ex4 planation if an activity that is required to be re5 corded by the body-worn camera is not re6 corded; 

7 ‘‘(B) a law enforcement officer who is 

8 wearing a body-worn camera to obtain consent 

9 to be recorded from a crime victim or witness 

10 before interviewing the victim or witness; 

11 ‘‘(C) the collection of recorded data unre12 lated to a legitimate law enforcement purpose 

13 be minimized to the greatest extent practicable; 

14 ‘‘(D) the system used to store recorded 

15 data collected by body-worn cameras to log all 

16 viewing, modification, or deletion of stored re17 corded data and to prevent, to the greatest ex18 tent practicable, the unauthorized access or dis19 closure of stored recorded data; 

20 ‘‘(E) any law enforcement officer be pro21 hibited from accessing the stored data without 

22 an authorized purpose; and 

23 ‘‘(F) the law enforcement agency to collect 

24 and report statistical data on— 


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1 ‘‘(i) incidences of use of force, 

2 disaggregated by race, ethnicity, gender, 

3 and age of the victim; 

4 ‘‘(ii) the number of complaints filed 

5 against law enforcement officers; 

6 ‘‘(iii) the disposition of complaints 

7 filed against law enforcement officers; 

8 ‘‘(iv) the number of times camera 

9 footage is used for evidence collection in 

10 investigations of crimes; and 

11 ‘‘(v) any other additional statistical 

12 data that the Director determines should 

13 be collected and reported; 

14 ‘‘(2) allows an individual to file a complaint 

15 with a law enforcement agency relating to the im16 proper use of body-worn cameras; and 

17 ‘‘(3) complies with any other requirements es18 tablished by the Director. 

19 ‘‘(e) REPORTING.—Statistical data required to be col20 lected under subsection (d)(1)(D) shall be reported to the 

21 Director, who shall— 

22 ‘‘(1) establish a standardized reporting system 

23 for statistical data collected under this program; and 

24 ‘‘(2) establish a national database of statistical 

25 data recorded under this program. 


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1 ‘‘(f) USE OR TRANSFER OF RECORDED DATA.— 

2 ‘‘(1) IN GENERAL.—Recorded data collected by 

3 an entity receiving a grant under a grant under sub4 part 1 of part E of this title from a body-worn cam5 era shall be used only in internal and external inves6 tigations of misconduct by a law enforcement agency 

7 or officer, if there is reasonable suspicion that a re8 cording contains evidence of a crime, or for limited 

9 training purposes. The Director shall establish rules 

10 to ensure that the recorded data is used only for the 

11 purposes described in this paragraph. 

12 ‘‘(2) PROHIBITION ON TRANSFER.—Except as 

13 provided in paragraph (3), an entity receiving a 

14 grant under subpart 1 of part E of this title may 

15 not transfer any recorded data collected by the enti16 ty from a body-worn camera to another law enforce17 ment or intelligence agency. 

18 ‘‘(3) EXCEPTIONS.— 

19 ‘‘(A) CRIMINAL INVESTIGATION.—An enti20 ty receiving a grant under subpart 1 of part E 

21 of this title may transfer recorded data collected 

22 by the entity from a body-worn camera to an23 other law enforcement agency or intelligence 

24 agency for use in a criminal investigation if the 

25 requesting law enforcement or intelligence agenVerDate Sep 11 2014 23:40 Jul 20, 2020 Jkt 099200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H7120.PCS H7120

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1 cy has reasonable suspicion that the requested 

2 data contains evidence relating to the crime 

3 being investigated. 

4 ‘‘(B) CIVIL RIGHTS CLAIMS.—An entity re5 ceiving a grant under subpart 1 of part E of 

6 this title may transfer recorded data collected 

7 by the law enforcement agency from a body8 worn camera to another law enforcement agen9 cy for use in an investigation of the violation of 

10 any right, privilege, or immunity secured or 

11 protected by the Constitution or laws of the 

12 United States. 

13 ‘‘(g) AUDIT AND ASSESSMENT.— 

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

15 after the date of enactment of this part, the Director 

16 of the Office of Audit, Assessment, and Management 

17 shall perform an assessment of the use of funds 

18 under this section and the policies and protocols of 

19 the grantees. 

20 ‘‘(2) REPORTS.—Not later than September 1 of 

21 each year, beginning 2 years after the date of enact22 ment of this part, each recipient of a grant under 

23 subpart 1 of part E of this title shall submit to the 

24 Director of the Office of Audit, Assessment, and 

25 Management a report that— 


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1 ‘‘(A) describes the progress of the body2 worn camera program; and 

3 ‘‘(B) contains recommendations on ways in 

4 which the Federal Government, States, and 

5 units of local government can further support 

6 the implementation of the program. 

7 ‘‘(3) REVIEW.—The Director of the Office of 

8 Audit, Assessment, and Management shall evaluate 

9 the policies and protocols of the grantees and take 

10 such steps as the Director of the Office of Audit, As11 sessment, and Management determines necessary to 

12 ensure compliance with the program. 

13 ‘‘SEC. 3052. BODY-WORN CAMERA TRAINING TOOLKIT. 

14 ‘‘(a) IN GENERAL.—The Director shall establish and 

15 maintain a body-worn camera training toolkit for law en16 forcement agencies, academia, and other relevant entities 

17 to provide training and technical assistance, including best 

18 practices for implementation, model policies and proce19 dures, and research materials. 

20 ‘‘(b) MECHANISM.—In establishing the toolkit re21 quired to under subsection (a), the Director may consoli22 date research, practices, templates, and tools that been de23 veloped by expert and law enforcement agencies across the 

24 country. 


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1 ‘‘SEC. 3053. STUDY. 

2 ‘‘(a) IN GENERAL.—Not later than 2 years after the 

3 date of enactment of the Police CAMERA Act of 2020, 

4 the Director shall conduct a study on— 

5 ‘‘(1) the efficacy of body-worn cameras in deter6 ring excessive force by law enforcement officers; 

7 ‘‘(2) the impact of body-worn cameras on the 

8 accountability and transparency of the use of force 

9 by law enforcement officers; 

10 ‘‘(3) the impact of body-worn cameras on re11 sponses to and adjudications of complaints of exces12 sive force; 

13 ‘‘(4) the effect of the use of body-worn cameras 

14 on the safety of law enforcement officers on patrol; 

15 ‘‘(5) the effect of the use of body-worn cameras 

16 on public safety; 

17 ‘‘(6) the impact of body-worn cameras on evi18 dence collection for criminal investigations; 

19 ‘‘(7) issues relating to the secure storage and 

20 handling of recorded data from the body-worn cam21 eras; 

22 ‘‘(8) issues relating to the privacy of individuals 

23 and officers recorded on body-worn cameras; 

24 ‘‘(9) issues relating to the constitutional rights 

25 of individuals on whom facial recognition technology 

26 is used; 


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1 ‘‘(10) issues relating to limitations on the use 

2 of facial recognition technology; 

3 ‘‘(11) issues relating to the public’s access to 

4 body-worn camera footage; 

5 ‘‘(12) the need for proper training of law en6 forcement officers that use body-worn cameras; 

7 ‘‘(13) best practices in the development of pro8 tocols for the safe and effective use of body-worn 

9 cameras; 

10 ‘‘(14) a review of law enforcement agencies that 

11 found body-worn cameras to be unhelpful in the op12 erations of the agencies; and 

13 ‘‘(15) any other factors that the Director deter14 mines are relevant in evaluating the efficacy of body15 worn cameras. 

16 ‘‘(b) REPORT.—Not later than 180 days after the 

17 date on which the study required under subsection (a) is 

18 completed, the Director shall submit to Congress a report 

19 on the study, which shall include any policy recommenda20 tions that the Director considers appropriate.’’. 


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1 TITLE IV—CLOSING THE LAW 

2 ENFORCEMENT CONSENT 

3 LOOPHOLE 

4 SEC. 401. SHORT TITLE. 

5 This title may be cited as the ‘‘Closing the Law En6 forcement Consent Loophole Act of 2019’’. 

7 SEC. 402. PROHIBITION ON ENGAGING IN SEXUAL ACTS 

8 WHILE ACTING UNDER COLOR OF LAW. 

9 (a) IN GENERAL.—Section 2243 of title 18, United 

10 States Code, is amended— 

11 (1) in the section heading, by adding at the end 

12 the following: ‘‘or by any person acting 

13 under color of law’’; 

14 (2) by redesignating subsections (c) and (d) as 

15 subsections (d) and (e), respectively; 

16 (3) by inserting after subsection (b) the fol17 lowing: 

18 ‘‘(c) OF AN INDIVIDUAL BY ANY PERSON ACTING

19 UNDER COLOR OF LAW.— 

20 ‘‘(1) IN GENERAL.—Whoever, acting under 

21 color of law, knowingly engages in a sexual act with 

22 an individual, including an individual who is under 

23 arrest, in detention, or otherwise in the actual cus24 tody of any Federal law enforcement officer, shall be 


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1 fined under this title, imprisoned not more than 15 

2 years, or both. 

3 ‘‘(2) DEFINITION.—In this subsection, the term 

4 ‘sexual act’ has the meaning given the term in sec5 tion 2246.’’; and 

6 (4) in subsection (d), as so redesignated, by 

7 adding at the end the following: 

8 ‘‘(3) In a prosecution under subsection (c), it is not 

9 a defense that the other individual consented to the sexual 

10 act.’’. 

11 (b) DEFINITION.—Section 2246 of title 18, United 

12 States Code, is amended— 

13 (1) in paragraph (5), by striking ‘‘and’’ at the 

14 end; 

15 (2) in paragraph (6), by striking the period at 

16 the end and inserting ‘‘; and’’; and 

17 (3) by inserting after paragraph (6) the fol18 lowing: 

19 ‘‘(7) the term ‘Federal law enforcement officer’ 

20 has the meaning given the term in section 115.’’. 

21 (c) CLERICAL AMENDMENT.—The table of sections 

22 for chapter 109A of title 18, United States Code, is 

23 amended by amending the item related to section 2243 

24 to read as follows: 

‘‘2243. Sexual abuse of a minor or ward or by any person acting under color 

of law.’’. 


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1 SEC. 403. ENACTMENT OF LAWS PENALIZING ENGAGING IN 

2 SEXUAL ACTS WHILE ACTING UNDER COLOR 

3 OF LAW. 

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

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

6 of enactment of this Act, in the case of a State or unit 

7 of local government that does not have in effect a law de8 scribed in subsection (b), if that State or unit of local gov9 ernment that would otherwise receive funds under the 

10 COPS grant program, that State or unit of local govern11 ment shall not be eligible to receive such funds. In the 

12 case of a multi-jurisdictional or regional consortium, if any 

13 member of that consortium is a State or unit of local gov14 ernment that does not have in effect a law described in 

15 subsection (b), if that consortium would otherwise receive 

16 funds under the COPS grant program, that consortium 

17 shall not be eligible to receive such funds. 

18 (b) DESCRIPTION OF LAW.—A law described in this 

19 subsection is a law that— 

20 (1) makes it a criminal offense for any person 

21 acting under color of law of the State or unit of local 

22 government to engage in a sexual act with an indi23 vidual, including an individual who is under arrest, 

24 in detention, or otherwise in the actual custody of 

25 any law enforcement officer; and 


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1 (2) prohibits a person charged with an offense 

2 described in paragraph (1) from asserting the con3 sent of the other individual as a defense. 

4 (c) REPORTING REQUIREMENT.—A State or unit of 

5 local government that receives a grant under the COPS 

6 grant program shall submit to the Attorney General, on 

7 an annual basis, information on— 

8 (1) the number of reports made to law enforce9 ment agencies in that State or unit of local govern10 ment regarding persons engaging in a sexual act 

11 while acting under color of law during the previous 

12 year; and 

13 (2) the disposition of each case in which sexual 

14 misconduct by a person acting under color of law 

15 was reported during the previous year. 

16 SEC. 404. REPORTS TO CONGRESS. 

17 (a) REPORT BY ATTORNEY GENERAL.—Not later 

18 than 1 year after the date of enactment of this Act, and 

19 each year thereafter, the Attorney General shall submit 

20 to Congress a report containing— 

21 (1) the information required to be reported to 

22 the Attorney General under section 403(b); and 

23 (2) information on— 

24 (A) the number of reports made, during 

25 the previous year, to Federal law enforcement 


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1 agencies regarding persons engaging in a sexual 

2 act while acting under color of law; and 

3 (B) the disposition of each case in which 

4 sexual misconduct by a person acting under 

5 color of law was reported. 

6 (b) REPORT BY GAO.—Not later than 1 year after 

7 the date of enactment of this Act, and each year there8 after, the Comptroller General of the United States shall 

9 submit to Congress a report on any violations of section 

10 2243(c) of title 18, United States Code, as amended by 

11 section 402, committed during the 1-year period covered 

12 by the report. 

13 SEC. 405. DEFINITION. 

14 In this title, the term ‘‘sexual act’’ has the meaning 

15 given the term in section 2246 of title 18, United States 

16 Code. 

17 TITLE V—MISCELLANEOUS 

18 PROVISIONS 

19 SEC. 501. SEVERABILITY. 

20 If any provision of this Act, or the application of such 

21 a provision to any person or circumstance, is held to be 

22 unconstitutional, the remainder of this Act and the appli23 cation of the remaining provisions of this Act to any per24 son or circumstance shall not be affected thereby. 


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1 SEC. 502. SAVINGS CLAUSE. 

2 Nothing in this Act shall be construed— 

3 (1) to limit legal or administrative remedies 

4 under section 1979 of the Revised Statutes of the 

5 United States (42 U.S.C. 1983), section 210401 of 

6 the Violent Crime Control and Law Enforcement 

7 Act of 1994 (34 U.S.C. 12601), title I of the Omni8 bus Crime Control and Safe Streets Act of 1968 (34 

9 U.S.C. 10101 et seq.), or title VI of the Civil Rights 

10 Act of 1964 (42 U.S.C. 2000d et seq.); 

11 (2) to affect any Federal, State, or Tribal law 

12 that applies to an Indian Tribe because of the polit13 ical status of the Tribe; or 

14 (3) to waive the sovereign immunity of an In15 dian Tribe without the consent of the Tribe. 

Passed the House of Representatives June 25, 2020. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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Calendar No. 490 

116TH CONGRESS 

2D SESSION H. R. 7120 

AN ACT 

To hold law enforcement accountable for mispolicies. data collection, and reform police training and conduct in court, improve transparency through 

JULY 20, 2020 

Read the second time and placed on the calendar 


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