(2) CHOKEHOLDS
AS
CIVIL
RIGHTS
VIOLA-
TIONS.—Section 242 of title 18, United States Code, 
as amended by section 101, is amended by adding 
at the end the following: ‘‘For the purposes of this 
section, the application of any pressure to the throat 
or windpipe, use of maneuvers that restrict blood or 
oxygen flow to the brain, or carotid artery restraints 
which prevent or hinder breathing or reduce intake 
of air is a punishment, pain, or penalty.’’. 
SEC. 364. PEACE ACT. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Police Exercising Absolute Care With Everyone Act of 
2021’’ or the ‘‘PEACE Act of 2021’’. 
(b) USE OF FORCE BY FEDERAL LAW ENFORCE-
MENT OFFICERS.— 
(1) DEFINITIONS.—In this subsection: 
(A) DEESCALATION
TACTICS
AND
TECH-
NIQUES.—The term ‘‘deescalation tactics and 
techniques’’ means proactive actions and ap-
proaches used by a Federal law enforcement of-
ficer to stabilize the situation so that more 
time, options, and resources are available to 
gain a person’s voluntary compliance and re-
duce or eliminate the need to use force, includ-
ing verbal persuasion, warnings, tactical tech-
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
niques, slowing down the pace of an incident, 
waiting out a subject, creating distance between 
the officer and the threat, and requesting addi-
tional resources to resolve the incident. 
(B) NECESSARY.—The term ‘‘necessary’’ 
means that another reasonable Federal law en-
forcement officer would objectively conclude, 
under the totality of the circumstances, that 
there was no reasonable alternative to the use 
of force. 
(C) REASONABLE ALTERNATIVES.— 
(i) IN GENERAL.—The term ‘‘reason-
able alternatives’’ means tactics and meth-
ods used by a Federal law enforcement of-
ficer to effectuate an arrest that do not 
unreasonably increase the risk posed to the 
law enforcement officer or another person, 
including verbal communication, distance, 
warnings, deescalation tactics and tech-
niques, tactical repositioning, and other 
tactics and techniques intended to stabilize 
the situation and reduce the immediacy of 
the risk so that more time, options, and re-
sources can be called upon to resolve the 
situation without the use of force. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(ii) DEADLY FORCE.—With respect to 
the use of deadly force, the term ‘‘reason-
able alternatives’’ includes the use of less 
lethal force. 
(D) TOTALITY OF THE CIRCUMSTANCES.— 
The term ‘‘totality of the circumstances’’ means 
all credible facts known to the Federal law en-
forcement officer leading up to and at the time 
of the use of force, including the actions of the 
person against whom the Federal law enforce-
ment officer uses such force and the actions of 
the Federal law enforcement officer. 
(2) PROHIBITION ON LESS LETHAL FORCE.—A 
Federal law enforcement officer may not use any 
less lethal force unless— 
(A) the form of less lethal force used is 
necessary and proportional in order to effec-
tuate an arrest of a person who the officer has 
probable cause to believe has committed a 
criminal offense; and 
(B) reasonable alternatives to the use of 
the form of less lethal force have been ex-
hausted. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(3) PROHIBITION ON DEADLY USE OF FORCE.— 
A Federal law enforcement officer may not use 
deadly force against a person unless— 
(A) the form of deadly force used is nec-
essary, as a last resort, to prevent imminent 
and serious bodily injury or death to the officer 
or another person; 
(B) the use of the form of deadly force cre-
ates no substantial risk of injury to a third per-
son; and 
(C) reasonable alternatives to the use of 
the form of deadly force have been exhausted. 
(4) REQUIREMENT
TO
GIVE
VERBAL
WARN-
ING.—When feasible, prior to using force against a 
person, a Federal law enforcement officer shall iden-
tify himself or herself as a Federal law enforcement 
officer, and issue a verbal warning to the person 
that the Federal law enforcement officer seeks to ap-
prehend, which shall— 
(A) include a request that the person sur-
render to the law enforcement officer; and 
(B) notify the person that the law enforce-
ment officer will use force against the person if 
the person resists arrest or flees. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(5) GUIDANCE ON USE OF FORCE.—Not later 
than 120 days after the date of enactment of this 
Act, the Attorney General, in consultation with im-
pacted persons, communities, and organizations, in-
cluding representatives of civil and human rights or-
ganizations, victims of police use of force, and rep-
resentatives of law enforcement associations, shall 
provide guidance to Federal law enforcement agen-
cies on— 
(A) the types of less lethal force and dead-
ly force that are prohibited under paragraphs 
(2) and (3); and 
(B) how a Federal law enforcement officer 
can— 
(i) assess whether the use of force is 
appropriate and necessary; and 
(ii) use the least amount of force 
when interacting with— 
(I) pregnant individuals; 
(II) children and youth under 21 
years of age; 
(III) elderly persons; 
(IV) persons with mental, behav-
ioral, or physical disabilities or im-
pairments; 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(V) persons experiencing percep-
tual or cognitive impairments due to 
use 
of 
alcohol, 
narcotics, 
hallucinogens, or other drugs; 
(VI) persons suffering from a se-
rious medical condition; and 
(VII) 
persons 
with 
limited 
English proficiency. 
(6) TRAINING.—The Attorney General shall 
provide training to Federal law enforcement officers 
on interacting people described in subclauses (I) 
through (VII) of paragraph (5)(B)(ii). 
(7) 
LIMITATION
ON
JUSTIFICATION
DE-
FENSE.— 
(A) IN GENERAL.—Chapter 51 of title 18, 
United States Code, is amended by adding at 
the end the following: 
‘‘§ 1123. Limitation on justification defense for Fed-
eral law enforcement officers 
‘‘(a) IN GENERAL.—It is not a defense to an offense 
under section 1111 or 1112 that the use of less lethal 
force or deadly force by a Federal law enforcement officer 
was justified if— 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(1) that officer’s use of use of such force was 
inconsistent with section 364(b) of the George Floyd 
Justice in Policing Act of 2021; or 
‘‘(2) that officer’s gross negligence, leading up 
to and at the time of the use of force, contributed 
to the necessity of the use of such force. 
‘‘(b) DEFINITIONS.—In this section— 
‘‘(1) the terms ‘deadly force’ and ‘less lethal 
force’ have the meanings given such terms in section 
2 and section 364 of the George Floyd Justice in 
Policing Act of 2021; and 
‘‘(2) the term ‘Federal law enforcement officer’ 
has the meaning given such term in section 115.’’. 
(B) CLERICAL AMENDMENT.—The table of 
sections for chapter 51 of title 18, United 
States Code, is amended by inserting after the 
item relating to section 1122 the following: 
‘‘1123. Limitation on justification defense for Federal law enforcement offi-
cers.’’. 
(c) LIMITATION ON THE RECEIPT OF FUNDS UNDER 
THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE 
GRANT PROGRAM.— 
(1) LIMITATION.—A State or unit of local gov-
ernment, other than an Indian Tribe, may not re-
ceive funds that the State or unit of local govern-
ment would otherwise receive under a Byrne grant 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
program for a fiscal year if, on the day before the 
first day of the fiscal year, the State or unit of local 
government does not have in effect a law that is con-
sistent with subsection (b) of this section and section 
1123 of title 18, United States Code, as determined 
by the Attorney General. 
(2) SUBSEQUENT ENACTMENT.— 
(A) IN GENERAL.—If funds described in 
paragraph (1) are withheld from a State or unit 
of local government pursuant to paragraph (1) 
for 1 or more fiscal years, and the State or unit 
of local government enacts or puts in place a 
law described in paragraph (1), and dem-
onstrates substantial efforts to enforce such 
law, subject to subparagraph (B), the State or 
unit of local government shall be eligible, in the 
fiscal year after the fiscal year during which the 
State or unit of local government demonstrates 
such substantial efforts, to receive the total 
amount that the State or unit of local govern-
ment would have received during each fiscal 
year for which funds were withheld. 
(B) LIMIT
ON
AMOUNT
OF
PRIOR
YEAR 
FUNDS.—A State or unit of local government 
may not receive funds under subparagraph (A) 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
in an amount that is more than the amount 
withheld from the State or unit of local govern-
ment during the 5-fiscal-year period before the 
fiscal year during which funds are received 
under subparagraph (A). 
(3) GUIDANCE.—Not later than 120 days after 
the date of enactment of this Act, the Attorney Gen-
eral, in consultation with impacted persons, commu-
nities, and organizations, including representatives 
of civil and human rights organizations, individuals 
against whom a law enforcement officer used force, 
and representatives of law enforcement associations, 
shall make guidance available to States and units of 
local government on the criteria that the Attorney 
General will use in determining whether the State or 
unit of local government has in place a law described 
in paragraph (1). 
(4) APPLICATION.—This subsection shall apply 
to the first fiscal year that begins after the date that 
is 1 year after the date of the enactment of this Act, 
and each fiscal year thereafter. 
SEC. 365. STOP MILITARIZING LAW ENFORCEMENT ACT. 
(a) FINDINGS.—Congress makes the following find-
ings: 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(1) Under section 2576a of title 10, United 
States Code, the Department of Defense is author-
ized to provide excess property to local law enforce-
ment agencies. The Defense Logistics Agency, ad-
ministers such section by operating the Law En-
forcement Support Office program. 
(2) New and used material, including mine-re-
sistant ambush-protected vehicles and weapons de-
termined by the Department of Defense to be ‘‘mili-
tary grade’’ are transferred to Federal, Tribal, 
State, and local law enforcement agencies through 
the program. 
(3) As a result local law enforcement agencies, 
including police and sheriff’s departments, are ac-
quiring this material for use in their normal oper-
ations. 
(4) As a result of the wars in Iraq and Afghani-
stan, military equipment purchased for, and used in, 
those wars has become excess property and has been 
made available for transfer to local and Federal law 
enforcement agencies. 
(5) In Fiscal Year 2017, $504,000,000 worth 
of property was transferred to law enforcement 
agencies. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(6) More than $6,800,000,000 worth of weap-
ons and equipment have been transferred to police 
organizations in all 50 States and four territories 
through the program. 
(7) In May 2012, the Defense Logistics Agency 
instituted a moratorium on weapons transfers 
through the program after reports of missing equip-
ment and inappropriate weapons transfers. 
(8) Though the moratorium was widely pub-
licized, it was lifted in October 2013 without ade-
quate safeguards. 
(9) On January 16, 2015, President Barack 
Obama issued Executive Order 13688 to better co-
ordinate and regulate the federal transfer of military 
weapons and equipment to State, local, and Tribal 
law enforcement agencies. 
(10) In July, 2017, the Government Account-
ability Office reported that the program’s internal 
controls were inadequate to prevent fraudulent appli-
cants’ access to the program. 
(11) On August, 28, 2017, President Donald 
Trump rescinded Executive Order 13688 despite a 
July 2017 Government Accountability Office report 
finding deficiencies with the administration of the 
1033 program. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(12) As a result, Federal, State, and local law 
enforcement departments across the country are eli-
gible again to acquire free ‘‘military-grade’’ weapons 
and equipment that could be used inappropriately 
during policing efforts in which people and taxpayers 
could be harmed. 
(13) The Department of Defense categorizes 
equipment eligible for transfer under the 1033 pro-
gram as ‘‘controlled’’ and ‘‘un-controlled’’ equip-
ment. ‘‘Controlled equipment’’ includes weapons, ex-
plosives such as flash-bang grenades, mine-resistant 
ambush-protected vehicles, long-range acoustic de-
vices, aircraft capable of being modified to carry ar-
mament that are combat coded, and silencers, 
among other military grade items. 
(b) LIMITATION
ON DEPARTMENT
OF DEFENSE 
TRANSFER OF PERSONAL PROPERTY TO LOCAL LAW EN-
FORCEMENT AGENCIES.— 
(1) IN GENERAL.—Section 2576a of title 10, 
United States Code, is amended— 
(A) in subsection (a)— 
(i) in paragraph (1)(A), by striking 
‘‘counterdrug, counterterrorism, and bor-
der security activities’’ and inserting 
‘‘counterterrorism’’; and 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(ii) in paragraph (2), by striking ‘‘, 
the Director of National Drug Control Pol-
icy,’’; 
(B) in subsection (b)— 
(i) in paragraph (5), by striking 
‘‘and’’ at the end; 
(ii) in paragraph (6), by striking the 
period and inserting a semicolon; and 
(iii) by adding at the end the fol-
lowing new paragraphs: 
‘‘(7) the recipient submits to the Department of 
Defense a description of how the recipient expects to 
use the property; 
‘‘(8) the recipient certifies to the Department of 
Defense that if the recipient determines that the 
property is surplus to the needs of the recipient, the 
recipient will return the property to the Department 
of Defense; 
‘‘(9) with respect to a recipient that is not a 
Federal agency, the recipient certifies to the Depart-
ment of Defense that the recipient notified the local 
community of the request for personal property 
under this section by— 
‘‘(A) publishing a notice of such request on 
a publicly accessible Internet website; 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(B) posting such notice at several promi-
nent locations in the jurisdiction of the recipi-
ent; and 
‘‘(C) ensuring that such notices were avail-
able to the local community for a period of not 
less than 30 days; and 
‘‘(10) the recipient has received the approval of 
the city council or other local governing body to ac-
quire the personal property sought under this sec-
tion.’’; 
(C) by striking subsection (d); 
(D) by redesignating subsections (e) and 
(f) as subsections (o) and (p), respectively; and 
(E) by inserting after subsection (c) the 
following new subsections: 
‘‘(d) ANNUAL
CERTIFICATION
ACCOUNTING
FOR 
TRANSFERRED PROPERTY.—(1) For each fiscal year, the 
Secretary shall submit to Congress certification in writing 
that each Federal or State agency to which the Secretary 
has transferred property under this section— 
‘‘(A) has provided to the Secretary documenta-
tion accounting for all controlled property, including 
arms and ammunition, that the Secretary has trans-
ferred to the agency, including any item described in 
subsection (f) so transferred before the date of the 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
enactment of the George Floyd Justice in Policing 
Act of 2021; and 
‘‘(B) with respect to a non-Federal agency, car-
ried out each of paragraphs (5) through (8) of sub-
section (b). 
‘‘(2) If the Secretary does not provide a certification 
under paragraph (1) for a Federal or State agency, the 
Secretary may not transfer additional property to that 
agency under this section. 
‘‘(e) ANNUAL REPORT ON EXCESS PROPERTY.—Be-
fore making any property available for transfer under this 
section, the Secretary shall annually submit to Congress 
a description of the property to be transferred together 
with a certification that the transfer of the property would 
not violate this section or any other provision of law. 
‘‘(f) LIMITATIONS ON TRANSFERS.—(1) The Sec-
retary may not transfer to Federal, Tribal, State, or local 
law enforcement agencies the following under this section: 
‘‘(A) Firearms, ammunition, bayonets, grenade 
launchers, grenades (including stun and flash-bang), 
and explosives. 
‘‘(B) Vehicles, except for passenger automobiles 
(as such term is defined in section 32901(a)(18) of 
title 49, United States Code) and bucket trucks. 
‘‘(C) Drones. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(D) Controlled aircraft that— 
‘‘(i) are combat configured or combat 
coded; or 
‘‘(ii) have no established commercial flight 
application. 
‘‘(E) Silencers. 
‘‘(F) Long-range acoustic devices. 
‘‘(G) Items in the Federal Supply Class of 
banned items. 
‘‘(2) The Secretary may not require, as a condition 
of a transfer under this section, that a Federal or State 
agency demonstrate the use of any small arms or ammuni-
tion. 
‘‘(3) The limitations under this subsection shall also 
apply with respect to the transfer of previously transferred 
property of the Department of Defense from one Federal 
or State agency to another such agency. 
‘‘(4)(A) The Secretary may waive the applicability of 
paragraph (1) to a vehicle described in subparagraph (B) 
of such paragraph (other than a mine-resistant ambush- 
protected vehicle), if the Secretary determines that such 
a waiver is necessary for disaster or rescue purposes or 
for another purpose where life and public safety are at 
risk, as demonstrated by the proposed recipient of the ve-
hicle. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(B) If the Secretary issues a waiver under subpara-
graph (A), the Secretary shall— 
‘‘(i) submit to Congress notice of the waiver, 
and post such notice on a public Internet website of 
the Department, by not later than 30 days after the 
date on which the waiver is issued; and 
‘‘(ii) require, as a condition of the waiver, that 
the recipient of the vehicle for which the waiver is 
issued provides public notice of the waiver and the 
transfer, including the type of vehicle and the pur-
pose for which it is transferred, in the jurisdiction 
where the recipient is located by not later than 30 
days after the date on which the waiver is issued. 
‘‘(5) The Secretary may provide for an exemption to 
the limitation under subparagraph (D) of paragraph (1) 
in the case of parts for aircraft described in such subpara-
graph that are transferred as part of regular maintenance 
of aircraft in an existing fleet. 
‘‘(6) The Secretary shall require, as a condition of 
any transfer of property under this section, that the Fed-
eral or State agency that receives the property shall return 
the property to the Secretary if the agency— 
‘‘(A) is investigated by the Department of Jus-
tice for any violation of civil liberties; or 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(B) is otherwise found to have engaged in 
widespread abuses of civil liberties. 
‘‘(g) CONDITIONS FOR EXTENSION OF PROGRAM.— 
Notwithstanding any other provision of law, amounts au-
thorized to be appropriated or otherwise made available 
for any fiscal year may not be obligated or expended to 
carry out this section unless the Secretary submits to Con-
gress certification that for the preceding fiscal year that— 
‘‘(1) each Federal or State agency that has re-
ceived controlled property transferred under this sec-
tion has— 
‘‘(A) demonstrated 100 percent account-
ability for all such property, in accordance with 
paragraph (2) or (3), as applicable; or 
‘‘(B) been suspended from the program 
pursuant to paragraph (4); 
‘‘(2) with respect to each non-Federal agency 
that has received controlled property under this sec-
tion, the State coordinator responsible for each such 
agency has verified that the coordinator or an agent 
of the coordinator has conducted an in-person inven-
tory of the property transferred to the agency and 
that 100 percent of such property was accounted for 
during the inventory or that the agency has been 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
suspended from the program pursuant to paragraph 
(4); 
‘‘(3) with respect to each Federal agency that 
has received controlled property under this section, 
the Secretary of Defense or an agent of the Sec-
retary has conducted an in-person inventory of the 
property transferred to the agency and that 100 per-
cent of such property was accounted for during the 
inventory or that the agency has been suspended 
from the program pursuant to paragraph (4); 
‘‘(4) the eligibility of any agency that has re-
ceived controlled property under this section for 
which 100 percent of the property was not ac-
counted for during an inventory described in para-
graph (1) or (2), as applicable, to receive any prop-
erty transferred under this section has been sus-
pended; and 
‘‘(5) each State coordinator has certified, for 
each non-Federal agency located in the State for 
which the State coordinator is responsible that— 
‘‘(A) the agency has complied with all re-
quirements under this section; or 
‘‘(B) the eligibility of the agency to receive 
property transferred under this section has been 
suspended; and 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(6) the Secretary of Defense has certified, for 
each Federal agency that has received property 
under this section that— 
‘‘(A) the agency has complied with all re-
quirements under this section; or 
‘‘(B) the eligibility of the agency to receive 
property transferred under this section has been 
suspended. 
‘‘(h) PROHIBITION ON OWNERSHIP OF CONTROLLED 
PROPERTY.—A Federal or State agency that receives con-
trolled property under this section may not take ownership 
of the property. 
‘‘(i) NOTICE TO CONGRESS OF PROPERTY DOWN-
GRADES.—Not later than 30 days before downgrading the 
classification of any item of personal property from con-
trolled or Federal Supply Class, the Secretary shall submit 
to Congress notice of the proposed downgrade. 
‘‘(j) NOTICE TO CONGRESS OF PROPERTY CANNIBAL-
IZATION.—Before the Defense Logistics Agency author-
izes the recipient of property transferred under this sec-
tion to cannibalize the property, the Secretary shall submit 
to Congress notice of such authorization, including the 
name of the recipient requesting the authorization, the 
purpose of the proposed cannibalization, and the type of 
property proposed to be cannibalized. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(k) QUARTERLY REPORTS ON USE OF CONTROLLED 
EQUIPMENT.—Not later than 30 days after the last day 
of a fiscal quarter, the Secretary shall submit to Congress 
a report on any uses of controlled property transferred 
under this section during that fiscal quarter. 
‘‘(l) REPORTS TO CONGRESS.—Not later than 30 
days after the last day of a fiscal year, the Secretary shall 
submit to Congress a report on the following for the pre-
ceding fiscal year: 
‘‘(1) The percentage of equipment lost by re-
cipients of property transferred under this section, 
including specific information about the type of 
property lost, the monetary value of such property, 
and the recipient that lost the property. 
‘‘(2) The transfer of any new (condition code 
A) property transferred under this section, including 
specific information about the type of property, the 
recipient of the property, the monetary value of each 
item of the property, and the total monetary value 
of all such property transferred during the fiscal 
year.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply with respect to any 
transfer of property made after the date of the en-
actment of this Act. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 366. PUBLIC SAFETY INNOVATION GRANTS. 
(a) BYRNE GRANTS USED FOR LOCAL TASK FORCES 
ON PUBLIC SAFETY INNOVATION.—Section 501(a) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (34 
U.S.C. 10151(a)), as amended by this Act, is further 
amended by adding at the end the following: 
‘‘(3) LOCAL TASK FORCES ON PUBLIC SAFETY 
INNOVATION.— 
‘‘(A) IN
GENERAL.—A law enforcement 
program under paragraph (1)(A) may include 
the development of best practices for and the 
creation of local task forces on public safety in-
novation, charged with exploring and developing 
new strategies for public safety, including non- 
law enforcement strategies. 
‘‘(B) DEFINITION.—The term ‘local task 
force on public safety innovation’ means an ad-
ministrative entity, created from partnerships 
between community-based organizations and 
other local stakeholders, that may develop inno-
vative law enforcement and non-law enforce-
ment strategies to enhance just and equitable 
public safety, repair breaches of trust between 
law enforcement agencies and the community 
they pledge to serve, and enhance accountability 
of law enforcement officers.’’. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(b) CRISIS INTERVENTION TEAMS.—Section 501(c) 
of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (34 U.S.C. 10152(c)) is amended by adding 
at the end the following: 
‘‘(3) In the case of crisis intervention teams 
funded under subsection (a)(1)(H), a program as-
sessment under this subsection shall contain a report 
on best practices for crisis intervention.’’. 
(c) USE OF COPS GRANT PROGRAM TO HIRE LAW 
ENFORCEMENT OFFICERS WHO ARE RESIDENTS OF THE 
COMMUNITIES THEY SERVE.—Section 1701(b) of title I 
of the Omnibus Crime Control and Safe Streets Act of 
1968 (34 U.S.C. 10381(b)), as amended by this Act, is 
further amended— 
(1) by redesignating paragraphs (23) and (24) 
as paragraphs (26) and (27), respectively; 
(2) in paragraph (26), as so redesignated, by 
striking ‘‘(22)’’ and inserting ‘‘(25)’’; and 
(3) by inserting after paragraph (22) the fol-
lowing: 
‘‘(23) to recruit, hire, incentivize, retain, de-
velop, and train new, additional career law enforce-
ment officers or current law enforcement officers 
who are willing to relocate to communities— 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(A) where there are poor or fragmented 
relationships between police and residents of the 
community, or where there are high incidents of 
crime; and 
‘‘(B) that are the communities that the law 
enforcement officers serve, or that are in close 
proximity to the communities that the law en-
forcement officers serve; 
‘‘(24) to collect data on the number of law en-
forcement officers who are willing to relocate to the 
communities where they serve, and whether such law 
enforcement officer relocations have impacted crime 
in such communities; 
‘‘(25) to develop and publicly report strategies 
and timelines to recruit, hire, promote, retain, de-
velop, and train a diverse and inclusive law enforce-
ment workforce, consistent with merit system prin-
ciples and applicable law;’’. 
Subtitle C—Law Enforcement Body 
Cameras 
PART 1—FEDERAL POLICE CAMERA AND 
ACCOUNTABILITY ACT 
SEC. 371. SHORT TITLE. 
This part may be cited as the ‘‘Federal Police Cam-
era and Accountability Act’’. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
100 
SEC. 372. REQUIREMENTS FOR FEDERAL LAW ENFORCE-
MENT OFFICERS REGARDING THE USE OF 
BODY CAMERAS. 
(a) DEFINITIONS.—In this section: 
(1) MINOR.—The term ‘‘minor’’ means any in-
dividual under 18 years of age. 
(2) SUBJECT OF THE VIDEO FOOTAGE.—The 
term ‘‘subject of the video footage’’— 
(A) means any identifiable Federal law en-
forcement officer or any identifiable suspect, 
victim, detainee, conversant, injured party, or 
other similarly situated person who appears on 
the body camera recording; and 
(B) does not include people who only inci-
dentally appear on the recording. 
(3) VIDEO FOOTAGE.—The term ‘‘video foot-
age’’ means any images or audio recorded by a body 
camera. 
(b) REQUIREMENT TO WEAR BODY CAMERA.— 
(1) IN GENERAL.—Federal law enforcement of-
ficers shall wear a body camera. 
(2) REQUIREMENT
FOR
BODY
CAMERA.—A 
body camera required under paragraph (1) shall— 
(A) have a field of view at least as broad 
as the officer’s vision; and 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
101 
(B) be worn in a manner that maximizes 
the camera’s ability to capture video footage of 
the officer’s activities. 
(c) REQUIREMENT TO ACTIVATE.— 
(1) IN GENERAL.—Both the video and audio re-
cording functions of the body camera shall be acti-
vated whenever a Federal law enforcement officer is 
responding to a call for service or at the initiation 
of any other law enforcement or investigative stop 
(as such term is defined in section 373) between a 
Federal law enforcement officer and a member of 
the public, except that when an immediate threat to 
the officer’s life or safety makes activating the cam-
era impossible or dangerous, the officer shall acti-
vate the camera at the first reasonable opportunity 
to do so. 
(2) ALLOWABLE
DEACTIVATION.—The body 
camera shall not be deactivated until the stop has 
fully concluded and the Federal law enforcement of-
ficer leaves the scene. 
(d) NOTIFICATION OF SUBJECT OF RECORDING.—A 
Federal law enforcement officer who is wearing a body 
camera shall notify any subject of the recording that he 
or she is being recorded by a body camera as close to the 
inception of the stop as is reasonably possible. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
102 
(e) REQUIREMENTS.—Notwithstanding subsection 
(c), the following shall apply to the use of a body camera: 
(1) Prior to entering a private residence with-
out a warrant or in non-exigent circumstances, a 
Federal law enforcement officer shall ask the occu-
pant if the occupant wants the officer to discontinue 
use of the officer’s body camera. If the occupant re-
sponds affirmatively, the Federal law enforcement 
officer shall immediately discontinue use of the body 
camera. 
(2) When interacting with an apparent crime 
victim, a Federal law enforcement officer shall, as 
soon as practicable, ask the apparent crime victim if 
the apparent crime victim wants the officer to dis-
continue use of the officer’s body camera. If the ap-
parent crime victim responds affirmatively, the Fed-
eral law enforcement officer shall immediately dis-
continue use of the body camera. 
(3) When interacting with a person seeking to 
anonymously report a crime or assist in an ongoing 
law enforcement investigation, a Federal law en-
forcement officer shall, as soon as practicable, ask 
the person seeking to remain anonymous, if the per-
son seeking to remain anonymous wants the officer 
to discontinue use of the officer’s body camera. If 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
103 
the person seeking to remain anonymous responds 
affirmatively, the Federal law enforcement officer 
shall immediately discontinue use of the body cam-
era. 
(f) RECORDING OF OFFERS TO DISCONTINUE USE 
OF BODY CAMERA.—Each offer of a Federal law enforce-
ment officer to discontinue the use of a body camera made 
pursuant to subsection (e), and the responses thereto, 
shall be recorded by the body camera prior to dis-
continuing use of the body camera. 
(g) LIMITATIONS ON USE OF BODY CAMERA.—Body 
cameras shall not be used to gather intelligence informa-
tion based on First Amendment protected speech, associa-
tions, or religion, or to record activity that is unrelated 
to a response to a call for service or a law enforcement 
or investigative stop between a law enforcement officer 
and a member of the public, and shall not be equipped 
with or employ any facial recognition technologies. 
(h) EXCEPTIONS.—Federal law enforcement offi-
cers— 
(1) shall not be required to use body cameras 
during investigative or enforcement stops with the 
public in the case that— 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
104 
(A) recording would risk the safety of a 
confidential informant, citizen informant, or un-
dercover officer; 
(B) recording would pose a serious risk to 
national security; or 
(C) the officer is a military police officer, 
a member of the United States Army Criminal 
Investigation Command, or a protective detail 
assigned to a Federal or foreign official while 
performing his or her duties; and 
(2) shall not activate a body camera while on 
the grounds of any public, private or parochial ele-
mentary or secondary school, except when respond-
ing to an imminent threat to life or health. 
(i) RETENTION OF FOOTAGE.— 
(1) IN GENERAL.—Body camera video footage 
shall be retained by the law enforcement agency that 
employs the officer whose camera captured the foot-
age, or an authorized agent thereof, for 6 months 
after the date it was recorded, after which time such 
footage shall be permanently deleted. 
(2) RIGHT TO INSPECT.—During the 6-month 
retention period described in paragraph (1), the fol-
lowing persons shall have the right to inspect the 
body camera footage: 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
106 
less the release of the body camera footage is other-
wise authorized by this part or by another applicable 
law. When a body camera fails to capture some or 
all of the audio or video of an incident due to mal-
function, displacement of camera, or any other 
cause, any audio or video footage that is captured 
shall be treated the same as any other body camera 
audio or video footage under this part. 
(j) ADDITIONAL RETENTION REQUIREMENTS.—Not-
withstanding the retention and deletion requirements in 
subsection (i), the following shall apply to body camera 
video footage under this part: 
(1) Body camera video footage shall be auto-
matically retained for not less than 3 years if the 
video footage captures an interaction or event involv-
ing— 
(A) any use of force; or 
(B) an stop about which a complaint has 
been registered by a subject of the video foot-
age. 
(2) Body camera video footage shall be retained 
for not less than 3 years if a longer retention period 
is voluntarily requested by— 
(A) the Federal law enforcement officer 
whose body camera recorded the video footage, 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
107 
if that officer reasonably asserts the video foot-
age has evidentiary or exculpatory value in an 
ongoing investigation; 
(B) any Federal law enforcement officer 
who is a subject of the video footage, if that of-
ficer reasonably asserts the video footage has 
evidentiary or exculpatory value; 
(C) any superior officer of a Federal law 
enforcement officer whose body camera re-
corded the video footage or who is a subject of 
the video footage, if that superior officer rea-
sonably asserts the video footage has evi-
dentiary or exculpatory value; 
(D) any Federal law enforcement officer, if 
the video footage is being retained solely and 
exclusively for police training purposes; 
(E) any member of the public who is a 
subject of the video footage; 
(F) any parent or legal guardian of a 
minor who is a subject of the video footage; or 
(G) a deceased subject’s spouse, next of 
kin, or legally authorized designee. 
(k) PUBLIC REVIEW.—For purposes of subpara-
graphs (E), (F), and (G) of subsection (j)(2), any member 
of the public who is a subject of video footage, the parent 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
108 
or legal guardian of a minor who is a subject of the video 
footage, or a deceased subject’s next of kin or legally au-
thorized designee, shall be permitted to review the specific 
video footage in question in order to make a determination 
as to whether they will voluntarily request it be subjected 
to a minimum 3-year retention period. 
(l) DISCLOSURE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), all video footage of an interaction or 
event captured by a body camera, if that interaction 
or event is identified with reasonable specificity and 
requested by a member of the public, shall be pro-
vided to the person or entity making the request in 
accordance with the procedures for requesting and 
providing government records set forth in the section 
552a of title 5, United States Code. 
(2) EXCEPTIONS.—The following categories of 
video footage shall not be released to the public in 
the absence of express written permission from the 
non-law enforcement subjects of the video footage: 
(A) Video footage not subject to a min-
imum 3-year retention period pursuant to sub-
section (j). 
(B) Video footage that is subject to a min-
imum 3-year retention period solely and exclu-
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
109 
sively pursuant to paragraph (1)(B) or (2) of 
subsection (j). 
(3) PRIORITY OF REQUESTS.—Notwithstanding 
any time periods established for acknowledging and 
responding to records requests in section 552a of 
title 5, United States Code, responses to requests for 
video footage that is subject to a minimum 3-year 
retention period pursuant to subsection (j)(1)(A), 
where a subject of the video footage is recorded 
being killed, shot by a firearm, or grievously injured, 
shall be prioritized and, if approved, the requested 
video footage shall be provided as expeditiously as 
possible, but in no circumstances later than 5 days 
following receipt of the request. 
(4) USE OF REDACTION TECHNOLOGY.— 
(A) IN GENERAL.—Whenever doing so is 
necessary to protect personal privacy, the right 
to a fair trial, the identity of a confidential 
source or crime victim, or the life or physical 
safety of any person appearing in video footage, 
redaction technology may be used to obscure 
the face and other personally identifying char-
acteristics of that person, including the tone of 
the person’s voice, provided the redaction does 
not interfere with a viewer’s ability to fully, 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
110 
completely, and accurately comprehend the 
events captured on the video footage. 
(B) REQUIREMENTS.—The following re-
quirements shall apply to redactions under sub-
paragraph (A): 
(i) When redaction is performed on 
video footage pursuant to this paragraph, 
an unedited, original version of the video 
footage shall be retained pursuant to the 
requirements of subsections (i) and (j). 
(ii) Except pursuant to the rules for 
the redaction of video footage set forth in 
this subsection or where it is otherwise ex-
pressly authorized by this Act, no other ed-
iting or alteration of video footage, includ-
ing a reduction of the video footage’s reso-
lution, shall be permitted. 
(m) PROHIBITED WITHHOLDING
OF FOOTAGE.— 
Body camera video footage may not be withheld from the 
public on the basis that it is an investigatory record or 
was compiled for law enforcement purposes where any per-
son under investigation or whose conduct is under review 
is a police officer or other law enforcement employee and 
the video footage relates to that person’s conduct in their 
official capacity. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
134 
SEC. 403. ENACTMENT OF LAWS PENALIZING ENGAGING IN 
SEXUAL ACTS WHILE ACTING UNDER COLOR 
OF LAW. 
(a) IN GENERAL.—Beginning in the first fiscal year 
that begins after the date that is one year after the date 
of enactment of this Act, in the case of a State or unit 
of local government that does not have in effect a law de-
scribed in subsection (b), if that State or unit of local gov-
ernment that would otherwise receive funds under the 
COPS grant program, that State or unit of local govern-
ment shall not be eligible to receive such funds. In the 
case of a multi-jurisdictional or regional consortium, if any 
member of that consortium is a State or unit of local gov-
ernment that does not have in effect a law described in 
subsection (b), if that consortium would otherwise receive 
funds under the COPS grant program, that consortium 
shall not be eligible to receive such funds. 
(b) DESCRIPTION OF LAW.—A law described in this 
subsection is a law that— 
(1) makes it a criminal offense for any person 
acting under color of law of the State or unit of local 
government to engage in a sexual act with an indi-
vidual, including an individual who is under arrest, 
in detention, or otherwise in the actual custody of 
any law enforcement officer; and 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS