I 

117TH CONGRESS 

1ST SESSION H. R. 677 

To improve and reform policing practices, accountability and transparency. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 1, 2021 

Mr. STAUBER (for himself, Mrs. HINSON, Mr. MULLIN, Mr. HUDSON, Mr. 

WALTZ, Mr. STIVERS, Mrs. MILLER of West Virginia, Mr. LAMBORN, Mr. 

GALLAGHER, Mr. RICE of South Carolina, Mr. RESCHENTHALER, Mr. 

BALDERSON, Mr. DIAZ-BALART, Mr. FLEISCHMANN, Mr. ADERHOLT, 

Mr. ALLEN, Mr. GONZALEZ of Ohio, Mr. JOYCE of Ohio, Mr. KATKO, 

Mrs. WAGNER, Mr. MEUSER, Mr. HILL, Mr. BACON, Mr. WEBER of 

Texas, Mr. CALVERT, Mr. CHABOT, Mr. WRIGHT, Mr. AUSTIN SCOTT of 

Georgia, Mr. WENSTRUP, Mr. BERGMAN, Mr. AMODEI, Mr. CRAWFORD, 

Mrs. RODGERS of Washington, Mr. VAN DREW, Mr. BUCSHON, Mr. 

BURCHETT, Mr. STEWART, Ms. STEFANIK, Ms. FOXX, Ms. HERRERA

BEUTLER, Mr. ROUZER, Mr. MCCAUL, Mr. BAIRD, Mr. SCHWEIKERT, 

Mr. CURTIS, Mr. WOMACK, Mr. GUEST, Mr. BURGESS, Mr. ESTES, Mr. 

SMITH of New Jersey, Mr. HERN, Mr. KINZINGER, Mr. EMMER, Miss 

GONZA ́LEZ-COLO ́N, Mr. UPTON, Mr. RODNEY DAVIS of Illinois, Mr. 

JOHNSON of Ohio, Mr. YOUNG, Mr. REED, Mr. CARTER of Texas, and 

Mr. CRENSHAW) introduced the following bill; which was referred to the 

Committee on the Judiciary, and in addition to the Committees on House 

Administration, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To improve and reform policing practices, accountability and 

transparency. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Just and Unifying Solutions To Invigorate Communities 

4 Everywhere Act of 2021’’ or the ‘‘JUSTICE Act’’. 

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

6 this Act shall be as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—LAW ENFORCEMENT REFORMS 

Sec. 101. George Floyd and Walter Scott Notification Act. 

Sec. 102. Breonna Taylor Notification Act. 

Sec. 103. Guidance. 

Sec. 104. Compliance assistance grants. 

Sec. 105. Incentivizing banning of chokeholds. 

Sec. 106. Falsifying police incident reports. 

TITLE II—BODY-WORN CAMERAS 

Sec. 201. Body-Worn Camera Partnership Grant Program. 

Sec. 202. Penalties for failure to use body-worn cameras. 

TITLE III—LAW ENFORCEMENT RECORDS RETENTION 

Sec. 301. Law enforcement records retention. 

TITLE IV—JUSTICE FOR VICTIMS OF LYNCHING 

Sec. 401. Short title. 

Sec. 402. Findings. 

Sec. 403. Lynching. 

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

Sec. 501. Training on alternatives to use of force, de-escalation, and behavioral 

health crises. 

Sec. 502. Training on duty to intervene. 

TITLE VI—NATIONAL CRIMINAL JUSTICE COMMISSION ACT 

Sec. 601. Short title. 

Sec. 602. Findings. 

Sec. 603. Establishment of Commission. 

Sec. 604. Purpose of the Commission. 

Sec. 605. Review, recommendations, and report. 

Sec. 606. Membership. 

Sec. 607. Administration. 

Sec. 608. Direct appropriations. 

Sec. 609. Sunset. 


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TITLE VII—LAW ENFORCEMENT AGENCY HIRING AND 

EDUCATION 

Subtitle A—Hiring 

Sec. 701. Law enforcement agency hiring. 

Sec. 702. Reauthorization of law enforcement grant programs. 

Subtitle B—Training 

Sec. 711. Definitions. 

Sec. 712. Program authorized. 

Sec. 713. Online education resources. 

Sec. 714. National Museum of African American History and Culture Council. 

Sec. 715. Engagement of eligible program participants. 

Sec. 716. Annual report. 

TITLE VIII—BEST PRACTICES AND STUDIES 

Sec. 801. Best practices. 

Sec. 802. Study. 

Sec. 803. Mental health study. 

Sec. 804. Study and proposal on improving accountability for DOJ grants. 

TITLE IX—CLOSING THE LAW ENFORCEMENT CONSENT 

LOOPHOLE ACT 

Sec. 901. Prohibition on engaging in sexual acts while acting under color of 

law. 

Sec. 902. Incentive for States. 

Sec. 903. Reports to Congress. 

TITLE X—EMERGENCY FUNDING 

Sec. 1001. Emergency designation. 

1 TITLE I—LAW ENFORCEMENT 

2 REFORMS 

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

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

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

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

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

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

10 by adding at the end the following: 


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1 ‘‘(h) NATIONAL USE-OF-FORCE DATA COLLEC2 TION.— 

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

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

5 ‘‘(i) means any officer, agent, or em6 ployee of a State, unit of local government, 

7 or an Indian tribe authorized by law or by 

8 a government agency to engage in or su9 pervise the prevention detection, or inves10 tigation of any violation of criminal law, or 

11 authorized by law to supervise sentenced 

12 criminal offenders; and 

13 ‘‘(ii) includes an individual described 

14 in clause (i) who is employed or volunteers 

15 in a full-time, part-time, or auxiliary ca16 pacity; 

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

18 Collection’ means the National Use-of-Force 

19 Data Collection of the Federal Bureau of Inves20 tigation; and 

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

22 bodily injury that involves a substantial risk of 

23 death, unconsciousness, extreme physical pain, 

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1 tracted loss or impairment of the function of a 

2 bodily member, organ, or mental faculty. 

3 ‘‘(2) REPORTING REQUIREMENT.—For each fis4 cal year in which a State or unit of local government 

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

6 unit of local government shall report to the National 

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

8 pursuant to guidelines established by the Federal 

9 Bureau of Investigation, information regarding— 

10 ‘‘(A) a use-of-force event by a law enforce11 ment officer in the State or unit of local gov12 ernment that involves— 

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

14 is connected to use of force by a law en15 forcement officer; 

16 ‘‘(ii) the serious bodily injury of an in17 dividual that is connected to use of force 

18 by a law enforcement officer; and 

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

20 serious bodily injury, when a firearm is 

21 discharged by a law enforcement officer at 

22 or in the direction of an individual; 

23 ‘‘(B) any event in which a firearm is dis24 charged by a civilian at or in the direction of 

25 a law enforcement officer; and 


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

2 a law enforcement officer that results from any 

3 discharge of a firearm by a civilian, or any 

4 other means, including whether the law enforce5 ment officer was killed or suffered serious bod6 ily injury as part of an ambush or calculated 

7 attack. 

8 ‘‘(3) INFORMATION REQUIRED.—For each use9 of-force event required to be reported under para10 graph (2), the following information shall be pro11 vided, as required by the Federal Bureau of Inves12 tigation: 

13 ‘‘(A) Incident information. 

14 ‘‘(B) Subject information. 

15 ‘‘(C) Officer information. 

16 ‘‘(4) COMPLIANCE.— 

17 ‘‘(A) INELIGIBILITY FOR FUNDS.— 

18 ‘‘(i) FIRST FISCAL YEAR.— 

19 ‘‘(I) STATES.—For the first fis20 cal year beginning after the date of 

21 enactment of the George Floyd and 

22 Walter Scott Notification Act in which 

23 a State fails to comply with paragraph 

24 (2) with respect to a State law en25 forcement agency, the State shall be 


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1 subject to a 20-percent reduction of 

2 the funds that would otherwise be al3 located for retention by the State 

4 under section 505(c) for that fiscal 

5 year, and if any unit of local govern6 ment within the State fails to comply 

7 with paragraph (2), the State shall be 

8 subject to a reduction of the funds al9 located for retention by the State 

10 under section 505(c) that is equal to 

11 the percentage of the population of 

12 the State represented by the unit of 

13 local government, not to exceed 20 

14 percent. 

15 ‘‘(II) LOCAL GOVERNMENTS.— 

16 For the first fiscal year beginning 

17 after the date of enactment of the 

18 George Floyd and Walter Scott Notifi19 cation Act in which a unit of local 

20 government fails to comply with para21 graph (2), the unit of local govern22 ment shall be subject to a 20-percent 

23 reduction of the funds that would oth24 erwise be allocated to the unit of local 


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1 government for that fiscal year under 

2 this subpart. 

3 ‘‘(ii) SUBSEQUENT FISCAL YEARS.— 

4 ‘‘(I) STATES.—Beginning in the 

5 first fiscal year beginning after the 

6 first fiscal year described in clause 

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

8 with paragraph (2) with respect to a 

9 State law enforcement agency, the 

10 percentage by which the funds de11 scribed in clause (i)(I) are reduced 

12 shall be increased by 5 percent each 

13 fiscal year the State fails to comply 

14 with paragraph (2), except that such 

15 reduction shall not exceed 25 percent 

16 in any fiscal year. 

17 ‘‘(II) LOCAL GOVERNMENTS.— 

18 Beginning in the first fiscal year be19 ginning after the first fiscal year de20 scribed in clause (i)(II) in which a 

21 unit of local government fails to com22 ply with paragraph (2), the percent23 age by which the funds described in 

24 clause (i)(II) are reduced shall be in25 creased by 5 percent each fiscal year 


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1 the unit of local government fails to 

2 comply with paragraph (2), except 

3 that such reduction shall not exceed 

4 25 percent in any fiscal year. 

5 ‘‘(B) REALLOCATION.—Amounts not allo6 cated under a program referred to in subpara7 graph (A) to a State or unit of local govern8 ment for failure to comply with paragraph (2) 

9 shall be reallocated under the program to 

10 States or units of local government that have 

11 complied with paragraph (2). 

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

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

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

15 Federal Bureau of Investigation shall publish, and 

16 make available to the public, the National Use-of17 Force Data Collection. 

18 ‘‘(6) FBI OUTREACH AND TECHNICAL ASSIST19 ANCE.—The Director of the Federal Bureau of In20 vestigation shall provide to a State or unit of local 

21 government technical assistance and training for the 

22 collection and submission of data in accordance with 

23 this subsection.’’. 


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1 SEC. 102. BREONNA TAYLOR NOTIFICATION ACT. 

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

3 ‘‘Breonna Taylor Notification Act of 2021’’. 

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

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

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

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

8 ‘‘(i) NO-KNOCK WARRANT REPORTS.— 

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

10 ‘‘(A) FEDERAL LAW ENFORCEMENT AGEN11 CY.—The term ‘Federal law enforcement agen12 cy’ means any agency of the United States au13 thorized to engage in or supervise the preven14 tion, detection, investigation, or prosecution of 

15 any violation of Federal criminal law. 

16 ‘‘(B) NO-KNOCK WARRANT.—The term 

17 ‘no-knock warrant’ means a warrant that au18 thorizes a law enforcement officer to enter a 

19 certain premises to execute a warrant without 

20 first knocking or otherwise announcing the 

21 presence of the law enforcement officer if a 

22 court of competent jurisdiction finds reasonable 

23 suspicion that knocking and announcing the 

24 presence of law enforcement would— 

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

26 suspect, or a third party on the premises; 


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1 ‘‘(ii) inhibit the investigation; or 

2 ‘‘(iii) allow the destruction of evi3 dence. 

4 ‘‘(C) STATE LAW ENFORCEMENT AGENCY; 

5 LOCAL LAW ENFORCEMENT AGENCY.—The 

6 terms ‘State law enforcement agency’ and ‘local 

7 law enforcement agency’ mean an agency of a 

8 State or unit of local government, respectively, 

9 that is authorized to engage in or supervise the 

10 prevention, detection, investigation, or prosecu11 tion of any violation of criminal law. 

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

13 ‘‘(A) REQUIREMENT.— 

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

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

16 calendar year beginning after the date of 

17 enactment of the Breonna Taylor Notifica18 tion Act of 2021, and annually there19 after— 

20 ‘‘(I) a State that receives funds 

21 under subsection (a) shall submit to 

22 the Attorney General a report that in23 cludes, for each no-knock warrant car24 ried out by a State law enforcement 

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1 ceding calendar year, the information 

2 described in subclauses (I) through 

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

4 ‘‘(II) a unit of local government 

5 that receives funds under subsection 

6 (a) shall submit to the Attorney Gen7 eral a report that includes— 

8 ‘‘(aa) for each no-knock 

9 warrant carried out by a local 

10 law enforcement agency of the 

11 unit of local government during 

12 the preceding calendar year, the 

13 information described in sub14 clauses (I) through (V) of para15 graph (3)(A)(i); and 

16 ‘‘(bb) the crime rate data 

17 for the unit of local government 

18 for the preceding calendar year. 

19 ‘‘(ii) STATE OVERSIGHT OF LOCAL

20 GOVERNMENTS.—A State that receives 

21 funds under subsection (a) shall ensure 

22 that each unit of local government within 

23 the State submits to the Attorney General 

24 a report that includes, in accordance with 

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


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1 ‘‘(I) for each no-knock warrant 

2 carried out by a local law enforcement 

3 agency of the unit of local government 

4 during the preceding calendar year, 

5 the information described in sub6 clauses (I) through (V) of paragraph 

7 (3)(A)(i); and 

8 ‘‘(II) the crime rate data for the 

9 unit of local government for the pre10 ceding calendar year. 

11 ‘‘(iii) OPEN INVESTIGATIONS.—A 

12 State or unit of local government— 

13 ‘‘(I) may not submit the informa14 tion described in subclauses (I) 

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

16 for a no-knock warrant relating to an 

17 investigation that has not been closed 

18 as of the date on which the applicable 

19 report is due under clause (i) of this 

20 subparagraph; and 

21 ‘‘(II) shall include any informa22 tion withheld under subclause (I) in 

23 the earliest subsequent report sub24 mitted under clause (i) after the in25 vestigation has been closed. 


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1 ‘‘(B) PENALTY.— 

2 ‘‘(i) IN GENERAL.— 

3 ‘‘(I) FIRST FISCAL YEAR.— 

4 ‘‘(aa) STATES.— 

5 ‘‘(AA) FAILURE TO

6 COMPLY BY STATE.—For 

7 the first fiscal year that fol8 lows a fiscal year in which a 

9 State failed to comply with 

10 subparagraph (A) with re11 spect to a State law enforce12 ment agency, the State shall 

13 be subject to a 20-percent 

14 reduction of the funds that 

15 would otherwise be allocated 

16 for retention by the State 

17 under section 505(c) for 

18 that fiscal year. 

19 ‘‘(BB) FAILURE TO

20 COMPLY BY LOCAL GOVERN21 MENT.—For the first fiscal 

22 year that follows a fiscal 

23 year in which a unit of local 

24 government within a State 

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1 paragraph (A), the State 

2 shall be subject to a reduc3 tion of the funds that would 

4 otherwise be allocated for re5 tention by the State under 

6 section 505(c) for that fiscal 

7 year by a percentage that is 

8 equal to the percentage of 

9 the population of the State 

10 that lives in the unit of local 

11 government, which may not 

12 exceed 20 percent. 

13 ‘‘(bb) UNITS OF LOCAL GOV14 ERNMENT.—For the first fiscal 

15 year that follows a fiscal year in 

16 which a unit of local government 

17 failed to comply with subpara18 graph (A), the unit of local gov19 ernment shall be subject to a 20- 

20 percent reduction of the funds 

21 that would otherwise be allocated 

22 to the unit of local government 

23 under this subpart for that fiscal 

24 year. 


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1 ‘‘(II) SUBSEQUENT FISCAL

2 YEARS.— 

3 ‘‘(aa) STATES.—Beginning 

4 in the first fiscal year beginning 

5 after the first fiscal year de6 scribed in subclause (I)(aa)(AA) 

7 in which a State fails to comply 

8 with subparagraph (A) with re9 spect to a State law enforcement 

10 agency, the percentage by which 

11 the funds described in subclause 

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

13 increased by 5 percent each fiscal 

14 year the State fails to comply 

15 with subparagraph (A) with re16 spect to a State law enforcement 

17 agency, except that such reduc18 tion shall not exceed 25 percent 

19 in any fiscal year. 

20 ‘‘(bb) LOCAL GOVERN21 MENTS.—Beginning in the first 

22 fiscal year beginning after the 

23 first fiscal year described in sub24 clause (I)(bb) in which a unit of 

25 local government fails to comply 


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1 with subparagraph (A), the per2 centage by which the funds de3 scribed in subclause (I)(bb) are 

4 reduced shall be increased by 5 

5 percent each fiscal year the unit 

6 of local government fails to com7 ply with subparagraph (A), ex8 cept that such reduction shall not 

9 exceed 25 percent in any fiscal 

10 year. 

11 ‘‘(ii) REALLOCATION.—Amounts not 

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

13 or unit of local government for failure to 

14 comply with subparagraph (A) shall be re15 allocated to States or units of local govern16 ment, respectively, that have complied with 

17 subparagraph (A). 

18 ‘‘(iii) EFFECTIVE DATE.—Clause (i) 

19 shall take effect with respect to the third 

20 annual report due under subparagraph (A) 

21 after the date of enactment of the Breonna 

22 Taylor Notification Act of 2021. 

23 ‘‘(3) ATTORNEY GENERAL REPORT.— 

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graph (B), not later than March 31 of the first 


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1 calendar year beginning after the date of enact2 ment of the Breonna Taylor Notification Act of 

3 2021, and annually thereafter, the Attorney 

4 General shall publish a report that includes— 

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

6 out by a Federal law enforcement agency, 

7 State law enforcement agency, or local law 

8 enforcement agency during the preceding 

9 calendar year— 

10 ‘‘(I) the reason for which the 

11 warrant was issued, including each 

12 violation of law listed on the warrant; 

13 ‘‘(II) whether, in the course of 

14 carrying out the warrant— 

15 ‘‘(aa) force resulting in 

16 property damage, serious bodily 

17 injury, or death was used; or 

18 ‘‘(bb) any law enforcement 

19 officer, suspect, or bystander was 

20 injured or killed; 

21 ‘‘(III) the sex, race, ethnicity, 

22 and age of each person found at the 

23 location for which the no-knock war24 rant was issued; 


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1 ‘‘(IV) whether the location 

2 searched matched the location de3 scribed in the warrant; and 

4 ‘‘(V) whether the warrant in5 cluded the particularized information 

6 required under the Fourth Amend7 ment to the Constitution of the 

8 United States, as interpreted by the 

9 Supreme Court of the United States, 

10 and any other applicable Federal, 

11 State, or local law related to the use 

12 of no-knock warrants; and 

13 ‘‘(ii) for each local law enforcement 

14 agency for which information is submitted 

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

16 crime rate data for the applicable unit of 

17 local government for that calendar year. 

18 ‘‘(B) OPEN INVESTIGATIONS.—The Attor19 ney General— 

20 ‘‘(i) may not publish any information 

21 described in subparagraph (A) for a no22 knock warrant relating to an investigation 

23 that has not been closed as of the date on 

24 which the applicable report is due under 

25 that paragraph; and 


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1 ‘‘(ii) shall include any information 

2 withheld under clause (i) in the earliest 

3 subsequent report published under sub4 paragraph (A) after the investigation has 

5 been closed.’’. 

6 SEC. 103. GUIDANCE. 

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

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

9 coordination with the Director of the Federal Bureau of 

10 Investigation and State and local law enforcement agen11 cies, shall issue guidance on best practices relating to es12 tablishing standard data collection systems that capture 

13 the information required to be reported under subsections 

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

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

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

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

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

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

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

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

22 12104(a)(2)), which shall include standard and consistent 

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

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

25 or 102 shall be construed to supersede the requirements 


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

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

3 SEC. 104. COMPLIANCE ASSISTANCE GRANTS. 

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

5 grants to States and units of local government to assist 

6 in the collection of the information required to be reported 

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

8 the Omnibus Crime Control and Safe Streets Act of 1968 

9 (34 U.S.C. 10152), as added by sections 101 and 102 of 

10 this Act, respectively. 

11 (b) APPLICATION.—A State or unit of local govern12 ment seeking a grant under this section shall submit an 

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

14 such information as the Attorney General may require. 

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

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

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

18 making grants under this section, there is authorized to 

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

20 money in the Treasury not otherwise appropriated for the 

21 fiscal year ending September 30, 2021, $112,000,000, to 

22 remain available until expended. 

23 SEC. 105. INCENTIVIZING BANNING OF CHOKEHOLDS. 

24 (a) SENSE OF CONGRESS.—It is the sense of Con25 gress that— 


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1 (1) chokeholds are extremely dangerous maneu2 vers that can easily result in serious bodily injury or 

3 death; 

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

5 flashpoint to compel the need to address the use of 

6 chokeholds by law enforcement officers across the 

7 United States; 

8 (3) the National Consensus Policy on Use of 

9 Force, a collaborative effort among 11 of the most 

10 significant law enforcement leadership and labor or11 ganizations in the United States, concluded in a dis12 cussion paper on the use of force that chokeholds 

13 are extremely dangerous and recommended restrict14 ing their use, consistent with this section; and 

15 (4) law enforcement agencies throughout the 

16 United States must create policies that guard 

17 against the use of this maneuver to help prevent the 

18 death of civilians whom they encounter, and engen19 der more trust and faith among law enforcement of20 ficers and the communities they serve. 

21 (b) INCENTIVIZING BANNING OF CHOKEHOLDS.— 

22 (1) COPS GRANT PROGRAM ELIGIBILITY.—Sec23 tion 1701 of title I of the Omnibus Crime Control 

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


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1 amended by section 501 of this Act, is amended by 

2 adding at the end the following: 

3 ‘‘(o) BANNING OF CHOKEHOLDS.— 

4 ‘‘(1) CHOKEHOLD DEFINED.—In this sub5 section, the term ‘chokehold’ means a physical ma6 neuver that restricts an individual’s ability to 

7 breathe for the purposes of incapacitation. 

8 ‘‘(2) LIMITATION ON ELIGIBILITY FOR

9 FUNDS.—Beginning in the first fiscal year beginning 

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

11 State or unit of local government may not receive 

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

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

14 or unit of local government does not have an agency15 wide policy in place for each law enforcement agency 

16 of the State or unit of local government that pro17 hibits the use of chokeholds except when deadly 

18 force is authorized.’’. 

19 (2) BYRNE GRANT PROGRAM ELIGIBILITY.— 

20 Section 501 of title I of the Omnibus Crime Control 

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

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

23 adding at the end the following: 

24 ‘‘(j) BANNING OF CHOKEHOLDS.— 


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1 ‘‘(1) CHOKEHOLD DEFINED.—In this sub2 section, the term ‘chokehold’ means a physical ma3 neuver that restricts an individual’s ability to 

4 breathe for the purposes of incapacitation. 

5 ‘‘(2) LIMITATION ON ELIGIBILITY FOR

6 FUNDS.—Beginning in the first fiscal year beginning 

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

8 State or unit of local government may not receive 

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

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

11 unit of local government does not have an agency12 wide policy in place for each law enforcement agency 

13 of the State or unit of local government that pro14 hibits the use of chokeholds except when deadly 

15 force is authorized.’’. 

16 (c) FEDERAL LAW ENFORCEMENT AGENCIES.— 

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

18 ‘‘chokehold’’ means a physical maneuver that re19 stricts an individual’s ability to breathe for the pur20 poses of incapacitation. 

21 (2) FEDERAL POLICY.—The Attorney General 

22 shall develop a policy for Federal law enforcement 

23 agencies that bans the use of chokeholds except 

24 when deadly force is authorized. 


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

2 law enforcement agency shall implement the policy 

3 developed under paragraph (2). 

4 SEC. 106. FALSIFYING POLICE INCIDENT REPORTS. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that— 

7 (1) when a law enforcement officer commits an 

8 offense that deprives a citizen of their rights, privi9 leges, and immunities protected under the Constitu10 tion and laws of the United States, that behavior is 

11 penalized to punish those involved and to deter fu12 ture conduct; 

13 (2) where serious bodily injury or death results 

14 from the acts described in paragraph (1), punish15 ment must be severe; 

16 (3) a law enforcement officer who intentionally 

17 submits a false police report in connection with an 

18 act described in paragraph (1) should also be pun19 ished severely; 

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

21 not only serves to conceal potential criminal conduct 

22 and obstruct the administration of justice, false re23 porting also undermines the trust and confidence 

24 that communities place in law enforcement agencies; 


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1 (5) obstruction of justice is intolerable in any 

2 form, particularly in the form described in this sub3 section; 

4 (6) the deterioration of trust and confidence be5 tween law enforcement agencies and communities 

6 must be abated; and 

7 (7) severe penalties must be imposed for indi8 viduals who create false police reports in connection 

9 with criminal civil rights violations resulting in seri10 ous bodily injury or death. 

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

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

13 ‘‘SEC. 1041. FALSE REPORTING. 

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

15 to knowingly and willfully falsify a police report in a mate16 rial way with the intent to falsify, conceal, or cover up 

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

18 rights, privileges, or immunities secured or protected by 

19 the Constitution or laws of the United States where death 

20 or serious bodily injury (as defined in section 1365) oc21 curs. 

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

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

24 than 20 years, or both.’’. 


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1 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

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

3 States Code, is amended by inserting after the item relat4 ing to section 1040 the following: 

‘‘1041. False reporting.’’. 

5 (d) SENTENCING ENHANCEMENT FOR FALSIFICA6 TION OF POLICE REPORTS.—Pursuant to its authority 

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

8 United States Sentencing Commission shall review and 

9 amend the Federal sentencing guidelines to ensure that 

10 the guidelines provide an additional penalty increase of not 

11 fewer than 4 offense levels if the defendant knowingly and 

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

13 to falsify, conceal, or cover up a material fact, in further14 ance of the deprivation of any rights, privileges, or immu15 nities secured or protected by the Constitution or laws of 

16 the United States where death or serious bodily injury oc17 curs. 

18 TITLE II—BODY-WORN CAMERAS 

19 SEC. 201. BODY-WORN CAMERA PARTNERSHIP GRANT PRO20 GRAM. 

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

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

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


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

2 PROGRAM. 

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

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

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

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

7 the Bureau of Justice Assistance; and 

8 ‘‘(3) the term ‘unit of local government’, not9 withstanding section 901, does not include an Indian 

10 Tribe. 

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

12 may make grants to eligible covered governments for use 

13 by the covered government for— 

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

15 ‘‘(2) necessary initial supportive technological 

16 infrastructure for body-worn cameras for law en17 forcement officers in the jurisdiction of the grantee; 

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

19 relating to the use of body-worn cameras; 

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

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

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

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

24 prosecution, and criminal defense personnel, to sup25 port the administration of the body-worn camera 

26 program of the covered government. 


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1 ‘‘(c) ELIGIBILITY.— 

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

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

4 the chief executive officer of the covered government 

5 shall submit to the Director an application in such 

6 form and containing such information as the Direc7 tor may require. 

8 ‘‘(2) POLICIES AND PROCEDURES ASSUR9 ANCES.—The application under paragraph (1) shall, 

10 as required by the Director, provide assurances that 

11 the covered government will establish policies and 

12 procedures in accordance with subsection (d). 

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

14 ‘‘(1) IN GENERAL.—A covered government re15 ceiving a grant under this section shall develop poli16 cies and procedures related to the use of body-worn 

17 cameras that— 

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

19 including from prosecutors and organizations 

20 representing crime victims, in accordance with 

21 recognized best practices; 

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

23 activated when a law enforcement officer ar24 rests or detains any person in the course of the 


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1 official duties of the officer, with consideration 

2 to sensitive cases; 

3 ‘‘(C) apply discipline to any law enforce4 ment officer who intentionally fails to ensure 

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

6 and properly secured at all times during which 

7 the camera is required to be worn; 

8 ‘‘(D) require training for— 

9 ‘‘(i) the proper use of body-worn cam10 eras; and 

11 ‘‘(ii) the handling and use of the ob12 tained video and audio recordings; 

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

14 data retention, and use for evidentiary purposes 

15 in a criminal proceeding, including in the case 

16 of an assault on a law enforcement officer; and 

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

18 in response to a valid request under an applica19 ble freedom of information law if the footage 

20 can be made available— 

21 ‘‘(i) without compromising an ongoing 

22 investigation or revealing the identity of 

23 third parties, including victims, inform24 ants, or witnesses; and 


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1 ‘‘(ii) with consideration given to the 

2 rights of victims and surviving family 

3 members. 

4 ‘‘(2) PUBLICATION.—A covered government re5 ceiving a grant under this section shall make all 

6 policies and procedures regarding body-worn cam7 eras available on a public website. 

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

9 guidance to covered governments related to the re10 quirements under paragraph (1). 

11 ‘‘(e) GRANT AMOUNTS.— 

12 ‘‘(1) MINIMUM AMOUNT.— 

13 ‘‘(A) IN GENERAL.—Each fiscal year, un14 less the Director has awarded a fully funded 

15 grant for each eligible application submitted by 

16 a State and any units of local government with17 in the State under this section for the fiscal 

18 year, the Director shall allocate to the State 

19 and units of local government within the State 

20 for grants under this section an aggregate 

21 amount that is not less than 0.5 percent of the 

22 total amount appropriated for the fiscal year 

23 for grants under this section. 

24 ‘‘(B) CERTAIN TERRITORIES.—For pur25 poses of the Virgin Islands, American Samoa, 


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1 Guam, and the Northern Mariana Islands, sub2 paragraph (A) shall be applied by substituting 

3 ‘0.25 percent’ for ‘0.5 percent’. 

4 ‘‘(2) MAXIMUM AMOUNT.— 

5 ‘‘(A) AMOUNT PER COVERED GOVERN6 MENT.—A covered government may not receive 

7 a grant under this section for a fiscal year in 

8 an amount that is greater than 5 percent of the 

9 total amount appropriated for grants under this 

10 section for the fiscal year. 

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

12 State and each covered government within the 

13 State may not receive grants under this section 

14 for a fiscal year in an aggregate amount that 

15 is more than 20 percent of the total amount ap16 propriated for grants under this section for the 

17 fiscal year. 

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

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

20 this section— 

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

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

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

24 with fewer than 100,000 residents. 


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

2 available under this section shall not be used to supplant 

3 covered government funds, but shall be used to increase 

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

5 funds, be made available from covered government sources 

6 for the purposes of this section. 

7 ‘‘(h) REPORTS TO THE DIRECTOR.—A covered gov8 ernment that receives a grant under this section shall sub9 mit to the Director, for each year in which funds from 

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

11 at such time and in such manner as the Director may rea12 sonably require, that contains— 

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

14 under the grant and an assessment of whether the 

15 activities are meeting the needs identified in the 

16 grant application; and 

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

18 may require. 

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

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

21 made under this section, the Director shall submit to Con22 gress a report that includes— 

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

24 under this section to each covered government for 

25 the fiscal year; 


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

2 covered governments receiving grants under this sec3 tion; and 

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

5 awarding grants among eligible covered govern6 ments, and how the plan will ensure the effective use 

7 of body-worn cameras to protect public safety. 

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

9 making grants under this section there is authorized to 

10 be appropriated, and there is appropriated, out of amounts 

11 in the Treasury not otherwise appropriated, for the fiscal 

12 year ending September 30, 2021, $500,000,000, to remain 

13 available until expended.’’. 

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

15 CAMERAS. 

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

17 provision’’ means— 

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

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

20 section 201; and 

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

22 available for the purchase of body-worn cameras. 

23 (b) REQUIREMENT.— 

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

25 a covered provision shall— 


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1 (A) have a policy in place to apply dis2 cipline to any law enforcement officer who in3 tentionally fails to ensure that a body-worn 

4 camera purchased using those funds is engaged, 

5 functional, and properly secured at all times 

6 during which the camera is required to be worn; 

7 and 

8 (B) ensure that any entity to which the 

9 State awards a subgrant under the covered pro10 vision has a policy in place to apply discipline 

11 to any law enforcement officer who intentionally 

12 fails to ensure that a body-worn camera pur13 chased using those funds is engaged, functional, 

14 and properly secured at all times during which 

15 the camera is required to be worn. 

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

17 State that receives funds under a covered provision 

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

19 law enforcement officer who intentionally fails to en20 sure that a body-worn camera purchased using those 

21 funds is engaged, functional, and properly secured at 

22 all times during which the camera is required to be 

23 worn. 

24 (c) COMPLIANCE.— 

25 (1) INELIGIBILITY FOR FUNDS.— 


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1 (A) FIRST FISCAL YEAR.— 

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

3 beginning after the date of enactment of 

4 this Act in which a State fails to comply 

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

6 subject to a 20-percent reduction of the 

7 funds that would otherwise be provided to 

8 the State under the applicable covered pro9 vision for that fiscal year. 

10 (ii) OTHER ENTITIES.—For the first 

11 fiscal year beginning after the date of en12 actment of this Act in which an entity 

13 other than a State fails to comply with 

14 subsection (b)(2), the entity shall be sub15 ject to a 20-percent reduction of the funds 

16 that would otherwise be allocated to the 

17 entity under the applicable covered provi18 sion for that fiscal year. 

19 (B) SUBSEQUENT FISCAL YEARS.— 

20 (i) STATES.—Beginning in the first 

21 fiscal year beginning after the first fiscal 

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

23 which a State fails to comply with sub24 section (b), the percentage by which the 

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


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1 reduced shall be increased by 5 percent 

2 each fiscal year the State fails to comply 

3 with subsection (b), except that such re4 duction shall not exceed 25 percent in any 

5 fiscal year. 

6 (ii) OTHER ENTITIES.—Beginning in 

7 the first fiscal year beginning after the 

8 first fiscal year described in subparagraph 

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

10 State fails to comply with subsection (b), 

11 the percentage by which the funds de12 scribed in subparagraph (A)(ii) are re13 duced shall be increased by 5 percent each 

14 fiscal year the entity fails to comply with 

15 subsection (b), except that such reduction 

16 shall not exceed 25 percent in any fiscal 

17 year. 

18 (2) REALLOCATION.—Amounts not allocated 

19 under covered provision to a State or other entity 

20 for failure to comply with subsection (b) shall be re21 allocated under the covered provision to States or 

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


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1 TITLE III—LAW ENFORCEMENT 

2 RECORDS RETENTION 

3 SEC. 301. LAW ENFORCEMENT RECORDS RETENTION. 

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

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

6 10151 et seq.) is amended by adding at the end the fol7 lowing: 

8 ‘‘Subpart 4—Law Enforcement Records Retention 

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

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

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

12 respect to a law enforcement agency, means the cov13 ered system of the covered government of which the 

14 law enforcement agency is part; 

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

16 State or unit of local government; 

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

18 maintained by a covered government under sub19 section (b); and 

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

21 ‘‘(A) means any written document regard22 ing an allegation of misconduct by a law en23 forcement officer that— 


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1 ‘‘(i) is substantiated and is adju2 dicated by a government agency or court; 

3 and 

4 ‘‘(ii) results in— 

5 ‘‘(I) adverse action by the em6 ploying law enforcement agency; or 

7 ‘‘(II) criminal charges; and 

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

9 regarding an allegation described in subpara10 graph (A) if the adjudication described in 

11 clause (i) of that subparagraph has been over12 turned on appeal. 

13 ‘‘(b) RECORDS RETENTION REQUIREMENTS.— 

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

15 government that receives funds under this part shall 

16 maintain a system for sharing disciplinary records of 

17 law enforcement officers that meets the require18 ments under paragraph (2). 

19 ‘‘(2) REQUIREMENTS.—In administering a cov20 ered system, a covered government shall— 

21 ‘‘(A) retain each disciplinary record or in22 ternal investigation record regarding a law en23 forcement officer that is prepared by a law en24 forcement agency of the covered government; 


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1 ‘‘(B) retain a record of each award or com2 mendation regarding a law enforcement officer 

3 that is prepared by a law enforcement agency 

4 of the covered government; 

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

6 each record included in the covered system is 

7 retained and accessible for not less than 30 

8 years; 

9 ‘‘(D) allow a law enforcement officer, coun10 sel for a law enforcement officer, or the rep11 resentative organization of a law enforcement 

12 officer to— 

13 ‘‘(i) submit information to the covered 

14 system relating to a disciplinary record or 

15 internal investigation record regarding the 

16 law enforcement officer that is retained 

17 under subparagraph (A); or 

18 ‘‘(ii) obtain access to the covered sys19 tem in order to review a disciplinary record 

20 or internal investigation record described 

21 in clause (i); 

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

23 enforcement agency to access any record in24 cluded in the covered system for the purpose of 


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1 making a decision to hire a law enforcement of2 ficer; 

3 ‘‘(F) require that, before hiring a law en4 forcement officer, a representative of a law en5 forcement agency of the covered government 

6 with hiring authority— 

7 ‘‘(i) search the applicable covered sys8 tem of each law enforcement agency that 

9 has employed the applicant as a law en10 forcement officer in order to determine 

11 whether the applicant has a disciplinary 

12 record, internal investigation record, or 

13 record of an award or commendation on 

14 file; and 

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

16 exists, review the record in full before hir17 ing the law enforcement officer; and 

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

19 by any individual other than an individual who 

20 is authorized to access the covered system for 

21 purposes of— 

22 ‘‘(i) submitting records or other infor23 mation to the covered system as described 

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


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1 ‘‘(ii) reviewing records or other infor2 mation in the covered system as described 

3 in subparagraphs (E) and (F). 

4 ‘‘(c) INELIGIBILITY FOR FUNDS.— 

5 ‘‘(1) IN GENERAL.—A covered government may 

6 not receive funds under section 505, 506, 515, or 

7 516 unless the covered government is in compliance 

8 with subsection (b) of this section. 

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

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

11 covered government for failure to comply with sub12 section (b) shall be reallocated under that section to 

13 covered governments that have complied with sub14 section (b). 

15 ‘‘(d) ONE-TIME GRANT.— 

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

17 award a grant to each State, using an apportion18 ment formula that reflects the differences between 

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

20 local government within the State to establish cov21 ered systems. 

22 ‘‘(2) AMOUNT.—The amount of a grant award23 ed to a State under paragraph (1) shall be not less 

24 than $1,000,000. 


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1 ‘‘(3) DIRECT APPROPRIATIONS.—For the pur2 pose of making grants under this subsection, there 

3 is authorized to be appropriated, and there is appro4 priated, out of any money in the Treasury not other5 wise appropriated, $100,000,000, to remain avail6 able until expended. 

7 ‘‘(e) INDEMNIFICATION.— 

8 ‘‘(1) IN GENERAL.—The United States shall in9 demnify and hold harmless a covered government, 

10 and any law enforcement agency thereof, against 

11 any claim (including reasonable expenses of litiga12 tion or settlement) by any person or entity related 

13 to— 

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

15 system as required under subsection (b); or 

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

17 covered system as required under subsection 

18 (b). 

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

20 apply to the release of a record— 

21 ‘‘(A) to a non-law enforcement entity or in22 dividual; or 

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

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


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

2 the Omnibus Crime Control and Safe Streets Acts of 

3 1968, as added by subsection (a), shall take effect on Oc4 tober 1 of the first fiscal year beginning after the date 

5 of enactment of this Act. 

6 TITLE IV—JUSTICE FOR VICTIMS 

7 OF LYNCHING 

8 SEC. 401. SHORT TITLE. 

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

10 of Lynching Act of 2021’’. 

11 SEC. 402. FINDINGS. 

12 Congress finds the following: 

13 (1) The crime of lynching succeeded slavery as 

14 the ultimate expression of racism in the United 

15 States following Reconstruction. 

16 (2) Lynching was a widely acknowledged prac17 tice in the United States until the middle of the 

18 20th century. 

19 (3) Lynching was a crime that occurred 

20 throughout the United States, with documented inci21 dents in all but 4 States. 

22 (4) At least 4,742 people, predominantly Afri23 can Americans, were reported lynched in the United 

24 States between 1882 and 1968. 


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

2 lynching escaped from punishment by State or local 

3 officials. 

4 (6) Lynching prompted African Americans to 

5 form the National Association for the Advancement 

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

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

8 to found the Anti-Defamation League. 

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

10 NAACP and later as the executive secretary of the 

11 NAACP from 1931 to 1955, meticulously inves12 tigated lynchings in the United States and worked 

13 tirelessly to end segregation and racialized terror. 

14 (8) Nearly 200 anti-lynching bills were intro15 duced in Congress during the first half of the 20th 

16 century. 

17 (9) Between 1890 and 1952, 7 Presidents peti18 tioned Congress to end lynching. 

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

20 Representatives passed 3 strong anti-lynching meas21 ures. 

22 (11) Protection against lynching was the min23 imum and most basic of Federal responsibilities, and 

24 the Senate considered but failed to enact anti-lynch25 ing legislation despite repeated requests by civil 


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1 rights groups, Presidents, and the House of Rep2 resentatives to do so. 

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

4 Lynching Photography in America’’ helped bring 

5 greater awareness and proper recognition of the vic6 tims of lynching. 

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

8 the United States effectively champion human rights 

9 abroad. 

10 (14) An apology offered in the spirit of true re11 pentance moves the United States toward reconcili12 ation and may become central to a new under13 standing, on which improved racial relations can be 

14 forged. 

15 (15) Having concluded that a reckoning with 

16 our own history is the only way the country can ef17 fectively champion human rights abroad, 90 Mem18 bers of the United States Senate agreed to Senate 

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

20 to apologize to the victims of lynching and the de21 scendants of those victims for the failure of the Sen22 ate to enact anti-lynching legislation. 

23 (16) The National Memorial for Peace and Jus24 tice, which opened to the public in Montgomery, Ala25 bama, on April 26, 2018, is the Nation’s first memoVerDate Sep 11 2014 18:14 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H677.IH H677

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1 rial dedicated to the legacy of enslaved Black people, 

2 people terrorized by lynching, African Americans hu3 miliated by racial segregation and Jim Crow, and 

4 people of color burdened with contemporary pre5 sumptions of guilt and police violence. 

6 (17) Notwithstanding the Senate’s apology and 

7 the heightened awareness and education about the 

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

9 and appropriate for the Congress to enact legisla10 tion, after 100 years of unsuccessful legislative ef11 forts, finally to make lynching a Federal crime. 

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

13 criminal action by a group increases the likelihood 

14 that the criminal object of that group will be suc15 cessfully attained and decreases the probability that 

16 the individuals involved will depart from their path 

17 of criminality. Therefore, it is appropriate to specify 

18 criminal penalties for the crime of lynching, or any 

19 attempt or conspiracy to commit lynching. 

20 (19) The United States Senate agreed to unani21 mously Senate Resolution 118, 115th Congress, on 

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

23 other form of racism, religious or ethnic bias, dis24 crimination, incitement to violence, or animus tar25 geting a minority in the United States’’ and taking 


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1 notice specifically of Federal Bureau of Investigation 

2 statistics demonstrating that ‘‘among single-bias 

3 hate crime incidents in the United States, 59.2 per4 cent of victims were targeted due to racial, ethnic, 

5 or ancestral bias, and among those victims, 52.2 

6 percent were victims of crimes motivated by the of7 fenders’ anti-Black or anti-African American bias’’. 

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

9 J. Trump signed into law Senate Joint Resolution 

10 49 (Public Law 115–58; 131 Stat. 1149), wherein 

11 Congress ‘‘condemn[ed] the racist violence and do12 mestic terrorist attack that took place between Au13 gust 11 and August 12, 2017, in Charlottesville, 

14 Virginia’’ and ‘‘urg[ed] the President and his admin15 istration to speak out against hate groups that 

16 espouse racism, extremism, xenophobia, anti-Semi17 tism, and White supremacy; and use all resources 

18 available to the President and the President’s Cabi19 net to address the growing prevalence of those hate 

20 groups in the United States’’. 

21 (21) Senate Joint Resolution 49 (Public Law 

22 115–58; 131 Stat. 1149) specifically took notice of 

23 ‘‘hundreds of torch-bearing White nationalists, 

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

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1 gans and violently engaged with counter-demonstra2 tors on and around the grounds of the University of 

3 Virginia in Charlottesville’’ and that these groups 

4 ‘‘reportedly are organizing similar events in other 

5 cities in the United States and communities every6 where are concerned about the growing and open 

7 display of hate and violence being perpetrated by 

8 those groups’’. 

9 (22) Lynching was a pernicious and pervasive 

10 tool that was used to interfere with multiple aspects 

11 of life—including the exercise of Federally protected 

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

13 United States Code, housing rights, as enumerated 

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

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

16 enumerated in section 247 of title 18, United States 

17 Code. Interference with these rights was often effec18 tuated by multiple offenders and groups, rather than 

19 isolated individuals. Therefore, prohibiting conspir20 acies to violate each of these rights recognizes the 

21 history of lynching in the United States and serves 

22 to prohibit its use in the future. 

23 SEC. 403. LYNCHING. 

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

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


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1 ‘‘§ 250. Lynching 

2 ‘‘Whoever conspires with another person to violate 

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

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

5 punished in the same manner as a completed violation of 

6 such section, except that if the maximum term of impris7 onment for such completed violation is less than 10 years, 

8 the person may be imprisoned for not more than 10 

9 years.’’. 

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

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

12 is amended by inserting after the item relating to section 

13 249 the following: 

‘‘250. Lynching.’’. 

14 TITLE V—ALTERNATIVES TO 

15 THE USE OF FORCE, DE-ESCA16 LATION, BEHAVIORAL 

17 HEALTH CRISES AND DUTY 

18 TO INTERVENE TRAINING 

19 SEC. 501. TRAINING ON ALTERNATIVES TO USE OF FORCE, 

20 DE-ESCALATION, AND BEHAVIORAL HEALTH 

21 CRISES. 

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

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

24 U.S.C. 10251(a)) is amended— 


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

2 end; 

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

4 the end and inserting a semicolon; and 

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

6 ‘‘(29) the term ‘de-escalation’ means taking ac7 tion or communicating verbally or non-verbally dur8 ing a potential force encounter in an attempt to sta9 bilize the situation and reduce the immediacy of the 

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

11 be called upon to resolve the situation without the 

12 use of force or with a reduction in the force nec13 essary; and 

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

15 a situation in which the behavior of a person puts 

16 the person at risk of hurting himself or herself or 

17 others or prevents the person from being able to 

18 care for himself or herself or function effectively in 

19 the community, including a situation in which a per20 son is under the influence of a drug or alcohol, is 

21 suicidal, or experiences symptoms of a mental ill22 ness.’’. 

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

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


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1 U.S.C. 10381) is amended by adding at the end the fol2 lowing: 

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

4 FORCE, DE-ESCALATION TECHNIQUES, AND BEHAVIORAL

5 HEALTH CRISES.— 

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

7 General, in consultation with relevant law enforce8 ment agencies of States and units of local govern9 ment, labor organizations, professional law enforce10 ment organizations, and mental health organiza11 tions, shall develop training curricula in— 

12 ‘‘(A) alternatives to use of force and de-es13 calation tactics; and 

14 ‘‘(B) safely responding to a person experi15 encing a behavioral health crisis, including tech16 niques and strategies that are designed to pro17 tect the safety of the person experiencing the 

18 behavioral health crisis, law enforcement offi19 cers, and the public. 

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

21 General shall establish a process to certify public 

22 and private entities that offer courses in alternatives 

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

24 and strategies for responding to a behavioral health 

25 crisis using the training curricula established under 


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1 paragraph (1) or equivalents to the training cur2 ricula established under paragraph (1). 

3 ‘‘(3) TRANSITIONAL REGIONAL TRAINING PRO4 GRAMS FOR STATE AND LOCAL AGENCY PER5 SONNEL.—Until the end of fiscal year 2023, the At6 torney General shall, and thereafter may, provide re7 gional training to equip and certify personnel from 

8 law enforcement agencies of States and units of local 

9 government in a State to conduct training using the 

10 training curricula established under paragraph (1). 

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

12 a list of law enforcement agencies of States and 

13 units of local government that employ officers who 

14 have successfully completed a course described under 

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

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

17 officers employed by the agency; 

18 ‘‘(B) the number of officers who have com19 pleted the course; and 

20 ‘‘(C) whether personnel from the law en21 forcement agency are certified to conduct train22 ing. 

23 ‘‘(5) DIRECT APPROPRIATIONS.—For the pur24 pose of making grants under this subsection there is 

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1 priated, out of amounts in the Treasury not other2 wise appropriated, for the fiscal year ending Sep3 tember 30, 2021, $100,000,000, to remain available 

4 until expended.’’. 

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

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

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

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

9 and 

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

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

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

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

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

15 and strategies for responding to a behavioral health 

16 crisis’ means a course using the training curricula 

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

18 to such training curricula— 

19 ‘‘(A) provided by the Attorney General 

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

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

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

23 or private entity that has been certified by the At24 torney General under section 1701(n)(2). 


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

2 amounts made available for this purpose under subsection 

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

4 of government located in the State to— 

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

6 the training and for attendance by law enforcement 

7 personnel at an approved course in alternatives to 

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

9 strategies for responding to a behavioral health cri10 sis; and 

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

12 force, de-escalation tactics, or techniques and strate13 gies for responding to a behavioral health crisis from 

14 a certified entity. 

15 ‘‘(c) ALLOCATION OF FUNDS.— 

16 ‘‘(1) IN GENERAL.—Of the total amount appro17 priated to carry out this section for a fiscal year, the 

18 Attorney General shall allocate funds to each State 

19 in proportion to the total number of law enforcement 

20 officers in the State as compared to the total num21 ber of law enforcement officers in the United States. 

22 ‘‘(2) TRAINING FOR STATE LAW ENFORCEMENT

23 OFFICERS.—Each State may retain from the total 

24 amount of funds provided to the State for the pur25 poses described in this section an amount that is not 


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1 more than the amount that bears the same ratio to 

2 the total amount of funds as the ratio of— 

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

4 officers employed by the State; to 

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

6 officers employed by the State and units of 

7 local government within the State. 

8 ‘‘(3) TRAINING FOR LOCAL LAW ENFORCEMENT

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

10 local government in the State for the purposes de11 scribed in this section the amounts remaining after 

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

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

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

15 local government under this paragraph to facilitate 

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

17 tactics, or techniques and strategies for responding 

18 to a behavioral health crisis to law enforcement offi19 cers employed by the unit of local government. 

20 ‘‘(d) REPORTING.— 

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

22 unit of local government that receives funds from a 

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

24 State a report indicating— 


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1 ‘‘(A) the number of law enforcement offi2 cers that have completed training described in 

3 this section; 

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

5 officers employed by the unit of local govern6 ment; and 

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

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

9 under subsection (c)(2) shall, after receiving the re10 ports described in paragraph (1), submit to the At11 torney General— 

12 ‘‘(A) such reports; and 

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

14 ‘‘(i) the number of law enforcement 

15 officers employed by the State that have 

16 completed training described in this sec17 tion; 

18 ‘‘(ii) the total number of law enforce19 ment officers employed by the State; and 

20 ‘‘(iii) any barriers to providing the 

21 training. 

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

23 making grants under this section there is authorized to 

24 be appropriated, and there is appropriated, out of amounts 

25 in the Treasury not otherwise appropriated, for the fiscal 


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1 year ending September 30, 2021, $250,000,000, to remain 

2 available until expended.’’. 

3 SEC. 502. TRAINING ON DUTY TO INTERVENE. 

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

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

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

7 at the end the following: 

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

9 ‘‘(a) TRAINING PROGRAM.— 

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

11 consultation with relevant law enforcement agencies 

12 of States and units of local governments and organi13 zations representing rank and file law enforcement 

14 officers, shall develop a training curriculum for law 

15 enforcement agencies and officers on the develop16 ment, implementation, fulfillment, and enforcement 

17 of a duty of a law enforcement officer to intervene 

18 when another law enforcement officer is engaged in 

19 excessive use of force. 

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

21 General shall establish a process to certify public 

22 and private entities that offer courses on the duty to 

23 intervene that are equivalent to the training cur24 riculum established under paragraph (1). 


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1 ‘‘(3) TRANSITIONAL REGIONAL TRAINING PRO2 GRAMS.—Until the end of fiscal year 2023, the At3 torney General shall provide regional training work4 shops for law enforcement officers of States and 

5 units of local government, using the training cur6 riculum established under paragraph (1). 

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

8 a list of law enforcement agencies of States and 

9 units of local government that employ officers who 

10 have successfully completed a course described under 

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

12 number of law enforcement officers employed by the 

13 agency and the number of officers who have com14 pleted the course. 

15 ‘‘(b) GRANT PROGRAM.— 

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

17 may make grants to State and local law enforcement 

18 agencies to— 

19 ‘‘(A) pay for costs associated with attend20 ance by law enforcement personnel at a training 

21 course approved by the Attorney General under 

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

23 ‘‘(B) procure training in the duty to inter24 vene from a public or private entity certified 

25 under subsection (a)(2). 


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

2 enforcement agency seeking a grant under this sub3 section shall submit an application to the Attorney 

4 General at such time, in such manner, and con5 taining such information as the Attorney General 

6 may require. 

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

8 making grants under this section, there is authorized to 

9 be appropriated, and there is appropriated, out of amounts 

10 in the Treasury not otherwise appropriated, for the fiscal 

11 year ending September 30, 2021, $500,000,000, to remain 

12 available until expended.’’. 

13 TITLE VI—NATIONAL CRIMINAL 

14 JUSTICE COMMISSION ACT 

15 SEC. 601. SHORT TITLE. 

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

17 Justice Commission Act of 2021’’. 

18 SEC. 602. FINDINGS. 

19 Congress finds that— 

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

21 establish a commission to undertake a comprehen22 sive review of the criminal justice system; 

23 (2) there has not been a comprehensive study 

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1 ment and Administration of Justice was established 

2 in 1965; 

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

4 Commission on Law Enforcement and Administra5 tion of Justice produced a comprehensive report en6 titled ‘‘The Challenge of Crime in a Free Society’’, 

7 which contained 200 specific recommendations on all 

8 aspects of the criminal justice system involving— 

9 (A) Federal, State, Tribal, and local gov10 ernments; 

11 (B) civic organizations; 

12 (C) religious institutions; 

13 (D) business groups; and 

14 (E) individual citizens; and 

15 (4) developments over the intervening 50 years 

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

17 local governments, law enforcement agencies, includ18 ing rank and file officers, civil rights organizations, 

19 community-based organization leaders, civic organi20 zations, religious institutions, business groups, and 

21 individual citizens come together to review evidence 

22 and consider how to improve the criminal justice 

23 system. 


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1 SEC. 603. ESTABLISHMENT OF COMMISSION. 

2 There is established a commission to be known as the 

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

4 this title as the ‘‘Commission’’). 

5 SEC. 604. PURPOSE OF THE COMMISSION. 

6 The Commission shall— 

7 (1) undertake a comprehensive review of the 

8 criminal justice system; 

9 (2) submit to the President and Congress rec10 ommendations for Federal criminal justice reform; 

11 and 

12 (3) disseminate findings and supplemental guid13 ance to the Federal Government, as well as to State, 

14 local, and Tribal governments. 

15 SEC. 605. REVIEW, RECOMMENDATIONS, AND REPORT. 

16 (a) GENERAL REVIEW.—The Commission shall un17 dertake a comprehensive review of all areas of the criminal 

18 justice system, including the criminal justice costs, prac19 tices, and policies of the Federal, State, local, and Tribal 

20 governments. 

21 (b) RECOMMENDATIONS.— 

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

23 after the date of the first meeting of the Commis24 sion, the Commission shall submit to the President 

25 and Congress recommendations for changes in Fed26 eral oversight, policies, practices, and laws designed 


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1 to prevent, deter, and reduce crime and violence, re2 duce recidivism, improve cost-effectiveness, and en3 sure the interests of justice at every step of the 

4 criminal justice system. 

5 (2) UNANIMOUS CONSENT.—If a unanimous 

6 vote of the members of the Commission at a meeting 

7 where a quorum is present pursuant to section 

8 606(d) approves a recommendation of the Commis9 sion, the Commission may adopt and submit the rec10 ommendation under paragraph (1). 

11 (3) PUBLIC ACCESS.—The recommendations 

12 submitted under this subsection shall be made avail13 able to the public. 

14 (c) REPORT.— 

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

16 after the date of the first meeting of the Commis17 sion, the Commission shall disseminate to the Fed18 eral Government, as well as to State, local, and 

19 Tribal governments, a report that details the find20 ings and supplemental guidance of the Commission 

21 regarding the criminal justice system at all levels of 

22 government. 

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

24 members of the Commission approves a finding or 

25 supplemental guidance at a meeting where a quorum 


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1 is present pursuant to section 606(d), the finding or 

2 supplemental guidance may be adopted and included 

3 in the report required under paragraph (1). 

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

5 Commission who dissents from a finding or supple6 mental guidance approved by a majority vote under 

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

8 the dissent in writing and the report described in 

9 paragraph (1) shall include the dissent. 

10 (4) PUBLIC ACCESS.—The report submitted 

11 under this subsection shall be made available to the 

12 public. 

13 (d) PRIOR COMMISSIONS.—The Commission shall 

14 take into consideration the work of prior relevant commis15 sions in conducting the review of the Commission. 

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

17 the recommendations and report of the Commission under 

18 this section, the Commission shall not infringe on the le19 gitimate rights of the States to determine the criminal 

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

21 (f) PUBLIC HEARINGS.—The Commission shall con22 duct public hearings in various locations around the 

23 United States. 

24 (g) CONSULTATION WITH GOVERNMENT AND NON25 GOVERNMENT REPRESENTATIVES.— 


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

2 (A) closely consult with Federal, State, 

3 local, and Tribal governments and nongovern4 ment leaders, including— 

5 (i) State, local, and Tribal law en6 forcement officials, including rank and file 

7 officers; 

8 (ii) legislators; 

9 (iii) public health officials; 

10 (iv) judges; 

11 (v) court administrators; 

12 (vi) prosecutors; 

13 (vii) defense counsel; 

14 (viii) victims’ rights organizations; 

15 (ix) probation and parole officials; 

16 (x) criminal justice planners; 

17 (xi) criminologists; 

18 (xii) civil rights and liberties organiza19 tions; 

20 (xiii) community-based organization 

21 leaders; 

22 (xiv) formerly incarcerated individ23 uals; 

24 (xv) professional organizations; and 

25 (xvi) corrections officials; and 


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1 (B) include in the final report required 

2 under subsection (c) summaries of the input 

3 and recommendations of the leaders consulted 

4 under subparagraph (A). 

5 (2) UNITED STATES SENTENCING COMMIS6 SION.—To the extent the review and recommenda7 tions required by this section relate to sentencing 

8 policies and practices for the Federal criminal jus9 tice system, the Commission shall conduct the review 

10 in consultation with the United States Sentencing 

11 Commission. 

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

13 sense of Congress that, given the national importance of 

14 the matters before the Commission— 

15 (1) the Commission should work toward devel16 oping findings and supplemental guidance that are 

17 unanimously supported by the members of the Com18 mission; and 

19 (2) a finding or supplemental guidance unani20 mously supported by the members of the Commis21 sion should take precedence over a finding or supple22 mental guidance that is not unanimously supported. 

23 SEC. 606. MEMBERSHIP. 

24 (a) IN GENERAL.—The Commission shall be com25 posed of 14 members, as follows: 


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

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

3 (2) The co-chairperson described in paragraph 

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

5 leadership of— 

6 (A) the Senate and House of Representa7 tives of the same political party as the Presi8 dent; 

9 (B) the Committee on the Judiciary of the 

10 House of Representatives of the same political 

11 party as the President; and 

12 (C) the Committee on the Judiciary of the 

13 Senate of the same political party as the Presi14 dent. 

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

16 with the leader of the House of Representatives who 

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

18 shall appoint 1 member, who shall serve as a co19 chairperson of the Commission. 

20 (4) The co-chairperson described in paragraph 

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

22 leadership of— 

23 (A) the Senate and House of Representa24 tives of the opposite political party as the Presi25 dent; 


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1 (B) the Committee on the Judiciary of the 

2 House of Representatives of the opposite polit3 ical party as the President; and 

4 (C) the Committee on the Judiciary of the 

5 Senate of the opposite political party as the 

6 President. 

7 (b) MEMBERSHIP.— 

8 (1) IN GENERAL.—A member shall be ap9 pointed based upon knowledge or experience in a rel10 evant area, including— 

11 (A) law enforcement; 

12 (B) criminal justice; 

13 (C) national security; 

14 (D) prison and jail administration; 

15 (E) prisoner reentry; 

16 (F) public health, including— 

17 (i) physical and sexual victimization; 

18 (ii) drug addiction; or 

19 (iii) mental health; 

20 (G) the rights of victims; 

21 (H) civil rights; 

22 (I) civil liberties; 

23 (J) court administration; 

24 (K) social services; or 

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


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1 (2) LAW ENFORCEMENT REPRESENTATION.— 

2 (A) MEMBERS APPOINTED BY THE CO3 CHAIRPERSONS.—Of the 6 members appointed 

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

5 (i) not fewer than 2 shall be rep6 resentatives from Federal, State, or local 

7 law enforcement agencies, including not 

8 less than 1 representative from a rank and 

9 file organization; and 

10 (ii) not fewer than 1 shall be a rep11 resentative from a Tribal law enforcement 

12 agency. 

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

14 appointed under subsection (a)(4)— 

15 (i) not fewer than 2 shall be rep16 resentatives of Federal, State, or local law 

17 enforcement agencies, including not less 

18 than 1 representative from a rank and file 

19 organization; and 

20 (ii) not fewer than 1 shall be a rep21 resentative from a Tribal law enforcement 

22 agency. 

23 (3) DISQUALIFICATION.—If an individual pos24 sesses a personal financial interest in the discharge 


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

2 be appointed as a member of the Commission. 

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

4 the duration of the Commission. 

5 (c) APPOINTMENTS AND FIRST MEETING.— 

6 (1) APPOINTMENTS.—Each member of the 

7 Commission shall be appointed not later than 45 

8 days after the date of enactment of this Act. 

9 (2) FIRST MEETING.—The Commission shall 

10 hold the first meeting of the Commission on the 

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

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

13 this Act; or 

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

15 are made available for the Commission. 

16 (3) ETHICS.—At the first meeting of the Com17 mission, the Commission shall— 

18 (A) draft appropriate ethics guidelines for 

19 members and staff of the Commission, includ20 ing guidelines relating to— 

21 (i) conflict of interest; and 

22 (ii) financial disclosure; 

23 (B) consult with the Committees on the 

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1 resentatives as a part of drafting the guidelines; 

2 and 

3 (C) provide each Committee described in 

4 subparagraph (B) with a copy of the guidelines 

5 completed under subparagraph (A). 

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

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

8 the call of— 

9 (A) the co-chairpersons; or 

10 (B) a majority of the members of the Com11 mission. 

12 (2) QUORUM.—Except as provided in para13 graph (3)(B), a majority of the members of the 

14 Commission shall constitute a quorum for purposes 

15 of conducting business, except that 2 members of 

16 the Commission shall constitute a quorum for pur17 poses of receiving testimony. 

18 (3) VACANCIES.— 

19 (A) IN GENERAL.—A vacancy in the Com20 mission shall not affect a power of the Commis21 sion, and the vacancy shall be filled in the same 

22 manner in which the original appointment was 

23 made. 

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

25 occurring after the date that is 45 days after 


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

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

3 members of the Commission shall constitute a 

4 quorum if— 

5 (i) not fewer than 1 member of the 

6 Commission appointed under paragraph 

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

8 (ii) not fewer than 1 member of the 

9 Commission appointed under paragraph 

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

11 (e) ACTIONS OF THE COMMISSION.— 

12 (1) IN GENERAL.—The Commission— 

13 (A) shall, subject to section 605, act by a 

14 resolution agreed to by a majority of the mem15 bers of the Commission voting and present; and 

16 (B) may establish a panel composed of less 

17 than the full membership of the Commission for 

18 purposes of carrying out a duty of the Commis19 sion under this title, which— 

20 (i) shall be subject to the review and 

21 control of the Commission; and 

22 (ii) may make a finding or determina23 tion that may be considered a finding or 

24 determination of the Commission if the 


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1 finding or determination is approved by 

2 the Commission. 

3 (2) DELEGATION.—If authorized by the co4 chairpersons of the Commission, a member, agent, 

5 or staff member of the Commission may take an ac6 tion that the Commission may take under this title. 

7 SEC. 607. ADMINISTRATION. 

8 (a) STAFF.— 

9 (1) EXECUTIVE DIRECTOR.—The Commission 

10 shall have a staff headed by an Executive Director, 

11 who shall be paid at a rate established for the Cer12 tified Plan pay level for the Senior Executive Service 

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

14 (2) APPOINTMENTS AND COMPENSATION.—The 

15 co-chairpersons of the Commission shall designate 

16 and fix the compensation of the Executive Director 

17 and, in accordance with rules agreed upon by the 

18 Commission, may appoint and fix the compensation 

19 of such other personnel as may be necessary to en20 able the Commission to carry out its functions, with21 out regard to the provisions of title 5, United States 

22 Code, governing appointments in the competitive 

23 service, and without regard to the provisions of 

24 chapter 51 and subchapter III of chapter 53 of such 

25 title relating to classification and General Schedule 


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

2 subsection may exceed the equivalent of that payable 

3 for a position at level V of the Executive Schedule 

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

5 (3) PERSONNEL AS FEDERAL EMPLOYEES.— 

6 (A) IN GENERAL.—The Executive Director 

7 and any personnel of the Commission who are 

8 employees shall be employees under section 

9 2105 of title 5, United States Code, for pur10 poses of chapters 63, 81, 83, 84, 85, 87, 89, 

11 and 90 of such title 5. 

12 (B) MEMBERS OF THE COMMISSION.— 

13 Subparagraph (A) shall not be construed to 

14 apply to members of the Commission. 

15 (4) THE COMPENSATION OF MEMBERS.— 

16 (A) NON-FEDERAL EMPLOYEES.—A mem17 ber of the commission who is not an officer or 

18 employee of the Federal Government shall be 

19 compensated at a rate equal to the daily equiva20 lent of the annual rate of basic pay prescribed 

21 for level IV of the Executive Schedule under 

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

23 each day (including travel time) during which 

24 the member is engaged in the performance of 

25 the duties of the Board. 


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1 (B) FEDERAL EMPLOYEES.—A member of 

2 the commission who is an officer or employee of 

3 the Federal Government shall serve without 

4 compensation in addition to the compensation 

5 received for the services of the member as an 

6 officer or employee of the Federal Government. 

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

8 Commission shall be allowed travel expenses, includ9 ing per diem in lieu of subsistence, at rates author10 ized for employees of agencies under subchapter I of 

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

12 away from the home or regular places of business of 

13 the member in the performance of services for the 

14 Commission. 

15 (b) EXPERTS AND CONSULTANTS.—With the ap16 proval of the Commission, the Executive Director may 

17 procure temporary and intermittent services under section 

18 3109(b) of title 5, United States Code. 

19 (c) DETAIL OF GOVERNMENT EMPLOYEES.—Upon 

20 the request of the Commission, a Federal Government em21 ployee may be detailed to the Commission without reim22 bursement, and such detail shall be without interruption 

23 or loss of civil service status or privilege. 

24 (d) OTHER RESOURCES.— 


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

2 reasonable access to materials, resources, statistical 

3 data, and other information such Commission deter4 mines to be necessary to carry out its duties from— 

5 (A) the Library of Congress; 

6 (B) the Department of Justice; 

7 (C) the Office of National Drug Control 

8 Policy; 

9 (D) the Department of State; and 

10 (E) other agencies of the executive or legis11 lative branch of the Federal Government. 

12 (2) REQUESTS FOR RESOURCES.—The co-chair13 persons of the Commission shall make requests for 

14 the access described in paragraph (1) in writing 

15 when necessary. 

16 (e) VOLUNTEER SERVICES.—Notwithstanding sec17 tion 1342 of title 31, United States Code, the Commis18 sion— 

19 (1) may— 

20 (A) accept and use the services of an indi21 vidual volunteering to serve without compensa22 tion; and 

23 (B) reimburse the individual described in 

24 subparagraph (A) for local travel, office sup25 plies, and for other travel expenses, including 


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1 per diem in lieu of subsistence, as authorized by 

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

3 (2) shall consider the individual described in 

4 paragraph (1) an employee of the Federal Govern5 ment in performance of those services for the pur6 poses of— 

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

8 Code, relating to compensation for work-related 

9 injuries; 

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

11 Code, relating to tort claims; and 

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

13 Code, relating to conflicts of interest. 

14 (f) OBTAINING OFFICIAL DATA.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (3), the Commission may directly secure from 

17 an agency of the United States information nec18 essary to enable the Commission to carry out this 

19 title. 

20 (2) PROCEDURES.—Upon the request of the co21 chairpersons of the Commission, the head of the 

22 agency shall furnish any information requested 

23 under paragraph (1) to the Commission. 


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1 (3) SENSITIVE INFORMATION.—The Commis2 sion may not have access to sensitive information re3 garding ongoing investigations. 

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

5 States mails in the same manner and under the same con6 ditions as other departments and agencies of the United 

7 States. 

8 (h) BIANNUAL REPORTS.—The Commission shall 

9 submit biannual status reports to Congress regarding— 

10 (1) the use of resources; 

11 (2) salaries; and 

12 (3) all expenditures of appropriated funds. 

13 (i) CONTRACTS.— 

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

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

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

17 conduct of an activity necessary to the discharge of 

18 a duty or responsibility of the Commission. 

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

20 agreement the Commission enters into may not ex21 tend beyond the date of the termination of the Com22 mission. 

23 (j) GIFTS.—The Commission may accept, use, or dis24 pose of a gift or donation of a service or property. 


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1 (k) ADMINISTRATIVE ASSISTANCE.—The Adminis2 trator of General Services shall provide to the Commis3 sion, on a reimbursable basis, the administrative support 

4 services necessary for the Commission to carry out the re5 sponsibilities of the Commission under this title, which 

6 may include— 

7 (1) human resource management; 

8 (2) budget; 

9 (3) leasing; 

10 (4) accounting; or 

11 (5) payroll services. 

12 (l) NON-APPLICABILITY OF FACA AND PUBLIC AC13 CESS TO MEETINGS AND MINUTES.— 

14 (1) IN GENERAL.—The Federal Advisory Com15 mittee Act (5 U.S.C. App.) shall not apply to the 

16 Commission. 

17 (2) MEETINGS AND MINUTES.— 

18 (A) MEETINGS.— 

19 (i) ADMINISTRATION.—Each meeting 

20 of the Commission shall be open to the 

21 public, except that a meeting or any por22 tion of it may be closed to the public if it 

23 concerns matters or information described 

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

25 Code. 


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1 (ii) INTERESTED INDIVIDUALS.—An 

2 interested individual may— 

3 (I) appear at an open meeting; 

4 (II) present an oral or written 

5 statement on the subject matter of the 

6 meeting; and 

7 (III) be administered an oath or 

8 affirmation. 

9 (iii) NOTICE.—Each open meeting of 

10 the Commission shall be preceded by time11 ly public notice in the Federal Register of 

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

13 (B) MINUTES AND PUBLIC ACCESS.— 

14 (i) MINUTES.—Minutes of each open 

15 meeting shall be kept and shall contain a 

16 record of— 

17 (I) the people present; 

18 (II) a description of the discus19 sion that occurred; and 

20 (III) a copy of each statement 

21 filed. 

22 (ii) PUBLIC ACCESS.—The minutes 

23 and records of each open meeting and 

24 other documents that were made available 

25 to or prepared for the Commission shall be 


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1 available for public inspection and copying 

2 at a single location in the offices of the 

3 Commission. 

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

5 in section 609, all records and papers of the Commission 

6 shall be delivered to the Archivist of the United States 

7 for deposit in the National Archives. 

8 SEC. 608. DIRECT APPROPRIATIONS. 

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

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

11 is appropriated, out of amounts in the Treasury not other12 wise appropriated, for the fiscal year ending September 

13 30, 2021, $14,000,000, to remain available until ex14 pended. 

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

16 section may be used for international travel. 

17 SEC. 609. SUNSET. 

18 The Commission shall terminate 60 days after the 

19 date on which the Commission submits the report required 

20 under section 605(c) to Congress. 


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1 TITLE VII—LAW ENFORCEMENT 

2 AGENCY HIRING AND EDU3 CATION 

4 Subtitle A—Hiring 

5 SEC. 701. LAW ENFORCEMENT AGENCY HIRING. 

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

8 is amended— 

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

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

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

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

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

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

16 substantially different racial and ethnic demographic 

17 makeup than the community served by the agency, 

18 to hire recruiters and enroll law enforcement officer 

19 candidates in law enforcement academies to become 

20 career law enforcement officers who have racial and 

21 ethnic demographic characteristics similar to the 

22 community;’’. 


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1 SEC. 702. REAUTHORIZATION OF LAW ENFORCEMENT 

2 GRANT PROGRAMS. 

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

5 Omnibus Crime Control and Safe Streets Act of 1968 

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

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

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

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

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

11 through 2025’’. 

12 (b) REAUTHORIZATION OF COPS ON THE BEAT

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

14 the Omnibus Crime Control and Safe Streets Act of 1968 

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

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

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

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

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

20 through 2025’’. 

21 Subtitle B—Training 

22 SEC. 711. DEFINITIONS. 

23 In this subtitle: 

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

25 the Director of the National Museum of African 

26 American History and Culture. 


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1 (2) ELIGIBLE PROGRAM PARTICIPANT.—The 

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

6 SEC. 712. PROGRAM AUTHORIZED. 

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

8 carrying out this subtitle, there is authorized to be appro9 priated, and there is appropriated, out of amounts in the 

10 Treasury not otherwise appropriated, for the fiscal year 

11 ending September 30, 2021, $10,000,000, to remain avail12 able until expended. 

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

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

15 United States Code, and in furtherance of the purposes 

16 of this subtitle, the Director is authorized to solicit, ac17 cept, hold, administer, invest, and use donated funds and 

18 gifts, bequests, and devises of property, both real and per19 sonal. 

20 (c) USE OF FUNDS.—The Director, using funds ap21 propriated under subsection (a) and resources received 

22 under subsection (b), including through the engagement 

23 of eligible program participants as appropriate and in con24 sultation with the National Law Enforcement Museum— 


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1 (1) shall develop and nationally disseminate a 

2 curriculum to educate eligible program participants 

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

4 (2) shall carry out education program training 

5 for eligible program participants that focuses on— 

6 (A) racial reconciliation with the goal of 

7 understanding the history of racism in America; 

8 (B) improving relationships between law 

9 enforcement and the communities they serve; 

10 and 

11 (C) training eligible program participants 

12 who can effectively train their law enforcement 

13 peers in their State and communities. 

14 (d) APPLICATIONS.—The Director may seek the en15 gagement of an eligible program participant under sub16 section (c) by requiring submission of an application to 

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

18 such competitive criteria as the Director may require. 

19 SEC. 713. ONLINE EDUCATION RESOURCES. 

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

21 website of the National Museum of African American His22 tory and Culture a special section designated for education 

23 resources to improve awareness and understanding of the 

24 history of racism in the United States and to promote ra25 cial reconciliation through best practices to improve relaVerDate Sep 11 2014 18:14 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H677.IH H677

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1 tions between law enforcement and the communities they 

2 serve. The website and resources shall be made publicly 

3 available. 

4 (b) INFORMATION DISTRIBUTION.—The Director 

5 shall distribute information about the activities funded 

6 under this subtitle through the website of the National 

7 Museum of African American History and Culture, and 

8 shall respond to inquiries for supplementary information 

9 concerning such activities. 

10 (c) BEST PRACTICES.—The information distributed 

11 by the Director shall include best practices for educators. 

12 SEC. 714. NATIONAL MUSEUM OF AFRICAN AMERICAN HIS13 TORY AND CULTURE COUNCIL. 

14 The National Museum of African American History 

15 and Culture Council established under section 5 of the Na16 tional Museum of African American History and Culture 

17 Act (20 U.S.C. 80r–3), shall have governance responsi18 bility for the programs and activities carried out under 

19 this subtitle in accordance with the National Museum of 

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

21 80r). 

22 SEC. 715. ENGAGEMENT OF ELIGIBLE PROGRAM PARTICI23 PANTS. 

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

25 shall be engaged at the discretion of the Director to parVerDate Sep 11 2014 18:14 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H677.IH H677

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1 ticipate in education program activities authorized under 

2 this subtitle and approved by the Director pursuant to an 

3 application described in section 712(d). 

4 (b) ENGAGEMENT PERIOD.—Engagement of eligible 

5 program participants under this subtitle shall be for a pe6 riod determined by the Director. 

7 (c) PRIORITY.—In engaging eligible program partici8 pants under section 712, the Director shall give priority 

9 to applications from such participants who work for a 

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

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

12 programming on the history of racism or best practices 

13 to improve race relations between law enforcement and the 

14 communities they serve. 

15 SEC. 716. ANNUAL REPORT. 

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

17 shall submit to the Congress a report describing the activi18 ties carried out under this subtitle. 

19 TITLE VIII—BEST PRACTICES 

20 AND STUDIES 

21 SEC. 801. BEST PRACTICES. 

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

23 Commission established under title VIII (referred to in 

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


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1 (1) develop recommended best practices guide2 lines to ensure fair and effective policing tactics and 

3 procedures that encourage equitable justice, commu4 nity trust, and law enforcement officer safety; 

5 (2) include the recommended best practices de6 scribed in paragraph (1) in the recommendations of 

7 the Commission required under section 705; and 

8 (3) best practices for developing standards for 

9 law enforcement officer due process. 

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

11 be developed under subsection (a) shall include— 

12 (1) best practices for the hiring, firing, suspen13 sion, and discipline of law enforcement officers; and 

14 (2) best practices for community transparency 

15 and optimal administration of a law enforcement 

16 agency. 

17 SEC. 802. STUDY. 

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

19 study on the establishment and operation of use of force 

20 review boards by States and units of local government, 

21 wherein citizens can assist law enforcement agencies in re22 viewing use of force incidents. 

23 (b) INCLUSION IN COMMISSION RECOMMENDA24 TIONS.—The Commission shall include a report on the 

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


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1 recommendations, if any, for best practices for State and 

2 local use of force review boards, as well as best practices 

3 for developing standards for law enforcement officer due 

4 process, in the recommendations of the Commission re5 quired under section 705. 

6 SEC. 803. MENTAL HEALTH STUDY. 

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

8 study on law enforcement officer training, crisis interven9 tion teams, co-responder programs, personnel require10 ments, Federal resources, and pilot programs needed to 

11 improve nationwide law enforcement officer engagement 

12 on issues related to mental health, homelessness, and ad13 diction. 

14 (b) INCLUSION IN COMMISSION RECOMMENDA15 TIONS.—The Commission shall include a report on the 

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

17 recommendations, if any, in the recommendations of the 

18 Commission required under section 705. 

19 SEC. 804. STUDY AND PROPOSAL ON IMPROVING ACCOUNT20 ABILITY FOR DOJ GRANTS. 

21 (a) DEFINITIONS.—In this section— 

22 (1) the term ‘‘covered grant’’ means a grant 

23 awarded under a covered grant program; and 

24 (2) the term ‘‘covered grant program’’ means— 


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1 (A) the Edward Byrne Memorial Justice 

2 Assistance Grant Program under subpart 1 of 

3 part E of title I of the Omnibus Crime Control 

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

5 et seq.); 

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

7 under part Q of title I of the Omnibus Crime 

8 Control and Safe Streets Act of 1968 (34 

9 U.S.C. 10381 et seq.); and 

10 (C) any other grant program administered 

11 by the Attorney General that provides funds to 

12 law enforcement agencies. 

13 (b) STUDY AND PROPOSAL.—Not later than 1 year 

14 after the date of enactment of this Act, the Attorney Gen15 eral shall study, and submit to Congress a proposal re16 garding, the possible implementation of a method to im17 prove accountability for law enforcement agencies that re18 ceive funds from covered grant programs. 

19 (c) CONTENTS.—In carrying out subsection (b), the 

20 Attorney General shall develop discrete performance 

21 metrics for law enforcement agencies that apply for and 

22 receive funds from covered grant programs, the param23 eters of which shall— 

24 (1) establish benchmarks of progress, measured 

25 on a semiannual or annual basis, as appropriate; 


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1 (2) require annual accounting by a recipient of 

2 a covered grant of the progress made toward each 

3 benchmark described in paragraph (1); and 

4 (3) provide that— 

5 (A) the failure to achieve a benchmark de6 scribed in paragraph (1) shall constitute a vio7 lation of the grant agreement; 

8 (B) if a recipient does not cure a violation 

9 by achieving the applicable benchmark not later 

10 than 90 days after the date of the violation, the 

11 recipient shall return the amounts of the cov12 ered grant to the Attorney General; and 

13 (C) a law enforcement agency that violates 

14 a grant agreement may not apply for a covered 

15 grant for a period of 1 year. 

16 TITLE IX—CLOSING THE LAW 

17 ENFORCEMENT CONSENT 

18 LOOPHOLE ACT 

19 SEC. 901. PROHIBITION ON ENGAGING IN SEXUAL ACTS 

20 WHILE ACTING UNDER COLOR OF LAW. 

21 (a) IN GENERAL.—Section 2243 of title 18, United 

22 States Code, is amended— 

23 (1) in the section heading, by adding at the end 

24 the following: ‘‘or by any person acting 

25 under color of law’’; 


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1 (2) by redesignating subsections (c) and (d) as 

2 subsections (d) and (e), respectively; 

3 (3) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) OF AN INDIVIDUAL BY ANY PERSON ACTING

6 UNDER COLOR OF LAW.— 

7 ‘‘(1) IN GENERAL.—Whoever, acting under 

8 color of law, knowingly engages in a sexual act with 

9 an individual who has been arrested by, is detained 

10 by, or is in custody of any Federal law enforcement 

11 officer, shall be fined under this title, imprisoned not 

12 more than 15 years, or both. 

13 ‘‘(2) DEFINITION.—In this subsection, the term 

14 ‘sexual act’ has the meaning given the term in sec15 tion 2246.’’; and 

16 (4) in subsection (d), as so redesignated, by 

17 adding at the end the following: 

18 ‘‘(3) In a prosecution under subsection (c), it is 

19 not a defense that the other individual consented to 

20 the sexual act.’’. 

21 (b) ABUSIVE SEXUAL CONTACT.—Section 2244(a) of 

22 title 18, United States Code, is amended by— 

23 (1) in paragraph (4), by striking ‘‘or’’ at the 

24 end; 


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1 (2) by redesignating paragraph (5) as para2 graph (6); and 

3 (3) by inserting after paragraph (4) the fol4 lowing: 

5 ‘‘(5) subsection (c) of section 2243 of this title 

6 had the sexual contact been a sexual act, shall be 

7 fined under this title, imprisoned not more than 15 

8 years, or both; or’’. 

9 (c) DEFINITION.—Section 2246 of title 18, United 

10 States Code, is amended— 

11 (1) in paragraph (5), by striking ‘‘and’’ at the 

12 end; 

13 (2) in paragraph (6), by striking the period at 

14 the end and inserting ‘‘; and’’; and 

15 (3) by inserting after paragraph (6) the fol16 lowing: 

17 ‘‘(7) the term ‘Federal law enforcement officer’ 

18 has the meaning given the term in section 115.’’. 

19 (d) CLERICAL AMENDMENT.—The table of sections 

20 for chapter 109A of title 18, United States Code, is 

21 amended by amending the item related to section 2243 

22 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. 902. INCENTIVE FOR STATES. 

2 (a) AUTHORITY TO MAKE GRANTS.—The Attorney 

3 General is authorized to make grants to States that have 

4 in effect a law that— 

5 (1) makes it a criminal offense for any person 

6 acting under color of law of the State to engage in 

7 a sexual act (as defined in section 2246 of title 18, 

8 United States Code) with an individual who has 

9 been arrested by, is detained by, or is in custody of 

10 any law enforcement officer; and 

11 (2) prohibits a person charged with an offense 

12 described in paragraph (1) from asserting the con13 sent of the other individual as a defense. 

14 (b) REPORTING REQUIREMENT.—A State that re15 ceives a grant under this section shall submit to the Attor16 ney General, on an annual basis, information on— 

17 (1) the number of reports made to law enforce18 ment agencies in that State regarding persons en19 gaging in a sexual act (as defined in section 2246 

20 of title 18, United States Code) while acting under 

21 color of law during the previous year; and 

22 (2) the disposition of each case in which sexual 

23 misconduct by a person acting under color of law 

24 was reported during the previous year. 

25 (c) APPLICATION.—A State seeking a grant under 

26 this section shall submit an application to the Attorney 


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

2 such information as the Attorney General may reasonably 

3 require, including information about the law described in 

4 subsection (a). 

5 (d) GRANT AMOUNT.—The amount of a grant to a 

6 State under this section shall be in an amount that is not 

7 greater than 10 percent of the average of the total amount 

8 of funding of the 3 most recent awards that the State re9 ceived under the following grant programs: 

10 (1) Part T of title I of the Omnibus Crime Con11 trol and Safe Streets Act of 1968 (34 U.S.C. 10441 

12 et seq.) (commonly referred to as the ‘‘STOP Vio13 lence Against Women Formula Grant Program’’). 

14 (2) Section 41601 of the Violence Against 

15 Women Act of 1994 (34 U.S.C. 12511) (commonly 

16 referred to as the ‘‘Sexual Assault Services Pro17 gram’’). 

18 (e) GRANT TERM.— 

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

20 provide an increase in the amount provided to a 

21 State under the grant programs described in sub22 section (d) for a 2-year period. 

23 (2) RENEWAL.—A State that receives a grant 

24 under this section may submit an application for a 

25 renewal of such grant at such time, in such manner, 


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1 and containing such information as the Attorney 

2 General may reasonably require. 

3 (3) LIMIT.—A State may not receive a grant 

4 under this section for more than 4 years. 

5 (f) USES OF FUNDS.—A State that receives a grant 

6 under this section shall use— 

7 (1) 25 percent of such funds for any of the per8 missible uses of funds under the grant program de9 scribed in paragraph (1) of subsection (d); and 

10 (2) 75 percent of such funds for any of the per11 missible uses of funds under the grant program de12 scribed in paragraph (2) of subsection (d). 

13 (g) DIRECT APPROPRIATIONS.—For the purpose of 

14 making grants under this section, there is authorized to 

15 be appropriated, and there is appropriated, out of amounts 

16 in the Treasury not otherwise appropriated, for the fiscal 

17 year ending September 30, 2021, $25,000,000, to remain 

18 available until expended. 

19 (h) DEFINITION.—For purposes of this section, the 

20 term ‘‘State’’ means each of the several States and the 

21 District of Columbia, Indian Tribes, and the Common22 wealth of Puerto Rico, Guam, American Samoa, the Vir23 gin Islands, and the Northern Mariana Islands. 


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1 SEC. 903. REPORTS TO CONGRESS. 

2 (a) REPORT BY ATTORNEY GENERAL.—Not later 

3 than 1 year after the date of enactment of this Act, and 

4 each year thereafter, the Attorney General shall submit 

5 to Congress a report containing— 

6 (1) the information required to be reported to 

7 the Attorney General under section 902(b); and 

8 (2) information on— 

9 (A) the number of reports made, during 

10 the previous year, to Federal law enforcement 

11 agencies regarding persons engaging in a sexual 

12 act (as defined in section 2246 of title 18, 

13 United States Code) while acting under color of 

14 law; and 

15 (B) the disposition of each case in which 

16 sexual misconduct by a person acting under 

17 color of law was reported. 

18 (b) REPORT BY GAO.—Not later than 1 year after 

19 the date of enactment of this Act, and each year there20 after, the Comptroller General of the United States shall 

21 submit to Congress a report on any violations of section 

22 2243(c) of title 18, United States Code, as amended by 

23 section 901, committed during the 1-year period covered 

24 by the report. 


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98 

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1 TITLE X—EMERGENCY FUNDING 

2 SEC. 1001. EMERGENCY DESIGNATION. 

3 (a) IN GENERAL.—The amounts provided under this 

4 Act, or an amendment made by this Act, are designated 

5 as an emergency requirement pursuant to section 4(g) of 

6 the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 

7 933(g)). 

8 (b) DESIGNATION IN SENATE.—In the Senate, this 

9 Act, and the amendments made by this Act, is designated 

10 as an emergency requirement pursuant to section 4112(a) 

11 of H. Con. Res. 71 (115th Congress), the concurrent reso12 lution on the budget for fiscal year 2018. 

Æ 


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