disaggregated by race, ethnicity, national origin, 
gender, and religion. 
(2) NUMBER OF GRANTS.—The Attorney Gen-
eral shall provide not more than 5 grants or con-
tracts under this section. 
(3) ELIGIBLE GRANTEES.—Grants or contracts 
under this section shall be awarded to law enforce-
ment agencies that serve communities where there is 
a significant concentration of racial or ethnic minori-
ties and that are not already collecting data volun-
tarily. 
(b) REQUIRED ACTIVITIES.—Activities carried out 
with a grant under this section shall include— 
(1) developing a data collection tool and report-
ing the compiled data to the Attorney General; and 
(2) training of law enforcement personnel on 
data collection, particularly for data collection on hit 
rates for stops and searches. 
(c) EVALUATION.—Not later than 3 years after the 
date of enactment of this Act, the Attorney General shall 
enter into a contract with an institution of higher edu-
cation (as defined in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001)) to analyze the data col-
lected by each of the grantees funded under this section.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out activities 
under this section— 
(1) $5,000,000, over a 2-year period, to carry 
out the demonstration program under subsection 
(a); and 
(2) $500,000 to carry out the evaluation under 
subsection (c). 
SEC. 334. DEVELOPMENT OF BEST PRACTICES. 
(a) USE OF FUNDS REQUIREMENT.—Section 502(a) 
of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (34 U.S.C. 10153(a)), as amended by sections 
113 and 114, is amended by adding at the end the fol-
lowing: 
‘‘(9) An assurance that, for each fiscal year 
covered by an application, the applicant will use not 
less than 10 percent of the total amount of the 
grant award for the fiscal year to develop and imple-
ment best practice devices and systems to eliminate 
racial profiling in accordance with section 334 of the 
End Racial and Religious Profiling Act of 2020.’’. 
(b) DEVELOPMENT
OF BEST PRACTICES.—Grant 
amounts described in paragraph (9) of section 502(a) of 
title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (34 U.S.C. 10153(a)), as added by subsection (a)
of this section, shall be for programs that include the fol-
lowing: 
(1) The development and implementation of 
training to prevent racial profiling and to encourage 
more respectful interaction with the public. 
(2) The acquisition and use of technology to fa-
cilitate the accurate collection and analysis of data. 
(3) The development and acquisition of feed-
back systems and technologies that identify law en-
forcement agents or units of agents engaged in, or 
at risk of engaging in, racial profiling or other mis-
conduct. 
(4) The establishment and maintenance of an 
administrative complaint procedure or independent 
auditor program. 
SEC. 335. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Attor-
ney General such sums as are necessary to carry out this 
part. 
PART IV—DATA COLLECTION 
SEC. 341. ATTORNEY GENERAL TO ISSUE REGULATIONS. 
(a) REGULATIONS.—Not later than 6 months after 
the date of enactment of this Act, the Attorney General, 
in consultation with stakeholders, including Federal, 
State, and local law enforcement agencies and community,
professional, research, and civil rights organizations, shall 
issue regulations for the collection and compilation of data 
under sections 321 and 331. 
(b) REQUIREMENTS.—The regulations issued under 
subsection (a) shall— 
(1) provide for the collection of data on all rou-
tine and spontaneous investigatory activities; 
(2) provide that the data collected shall— 
(A) be disaggregated by race, ethnicity, na-
tional origin, gender, disability, and religion; 
(B) include the date, time, and location of 
such investigatory activities; 
(C) include detail sufficient to permit an 
analysis of whether a law enforcement agency is 
engaging in racial profiling; and 
(D) not include personally identifiable in-
formation; 
(3) provide that a standardized form shall be 
made available to law enforcement agencies for the 
submission of collected data to the Department of 
Justice; 
(4) provide that law enforcement agencies shall 
compile data on the standardized form made avail-
able under paragraph (3), and submit the form to
the Civil Rights Division and the Department of 
Justice Bureau of Justice Statistics; 
(5) provide that law enforcement agencies shall 
maintain all data collected under this subtitle for not 
less than 4 years; 
(6) include guidelines for setting comparative 
benchmarks, consistent with best practices, against 
which collected data shall be measured; 
(7) provide that the Department of Justice Bu-
reau of Justice Statistics shall— 
(A) analyze the data for any statistically 
significant disparities, including— 
(i) disparities in the percentage of 
drivers or pedestrians stopped relative to 
the proportion of the population passing 
through the neighborhood; 
(ii) disparities in the hit rate; and 
(iii) disparities in the frequency of 
searches performed on racial or ethnic mi-
nority drivers and the frequency of 
searches performed on nonminority drivers; 
and 
(B) not later than 3 years after the date 
of enactment of this Act, and annually there-
after—
(i) prepare a report regarding the 
findings of the analysis conducted under 
subparagraph (A); 
(ii) provide such report to Congress; 
and 
(iii) make such report available to the 
public, including on a website of the De-
partment of Justice, and in accordance 
with accessibility standards under the 
Americans with Disabilities Act of 1990 
(42 U.S.C. 12101 et seq.); and 
(8) protect the privacy of individuals whose 
data is collected by— 
(A) limiting the use of the data collected 
under this subtitle to the purposes set forth in 
this subtitle; 
(B) except as otherwise provided in this 
subtitle, limiting access to the data collected 
under this subtitle to those Federal, State, or 
local employees or agents who require such ac-
cess in order to fulfill the purposes for the data 
set forth in this subtitle; 
(C) requiring contractors or other non-
governmental agents who are permitted access 
to the data collected under this subtitle to sign
use agreements incorporating the use and dis-
closure restrictions set forth in subparagraph 
(A); and 
(D) requiring the maintenance of adequate 
security measures to prevent unauthorized ac-
cess to the data collected under this subtitle. 
SEC. 342. PUBLICATION OF DATA. 
The Director of the Bureau of Justice Statistics of 
the Department of Justice shall provide to Congress and 
make available to the public, together with each annual 
report described in section 341, the data collected pursu-
ant to this subtitle, excluding any personally identifiable 
information described in section 343. 
SEC. 343. LIMITATIONS ON PUBLICATION OF DATA. 
The name or identifying information of a law enforce-
ment agent, complainant, or any other individual involved 
in any activity for which data is collected and compiled 
under this subtitle shall not be— 
(1) released to the public; 
(2) disclosed to any person, except for— 
(A) such disclosures as are necessary to 
comply with this subtitle; 
(B) disclosures of information regarding a 
particular person to that person; or 
(C) disclosures pursuant to litigation; or
(3) subject to disclosure under section 552 of 
title 5, United States Code (commonly known as the 
Freedom of Information Act), except for disclosures 
of information regarding a particular person to that 
person. 
PART V—DEPARTMENT OF JUSTICE REGULA-
TIONS AND REPORTS ON RACIAL PROFILING 
IN THE UNITED STATES 
SEC. 351. ATTORNEY GENERAL TO ISSUE REGULATIONS 
AND REPORTS. 
(a) REGULATIONS.—In addition to the regulations re-
quired under sections 333 and 341, the Attorney General 
shall issue such other regulations as the Attorney General 
determines are necessary to implement this subtitle. 
(b) REPORTS.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, and annually 
thereafter, the Attorney General shall submit to 
Congress a report on racial profiling by law enforce-
ment agencies. 
(2) SCOPE.—Each report submitted under 
paragraph (1) shall include— 
(A) a summary of data collected under sec-
tions 321(b)(3) and 331(b)(3) and from any
other reliable source of information regarding 
racial profiling in the United States; 
(B) a discussion of the findings in the 
most recent report prepared by the Department 
of Justice Bureau of Justice Statistics under 
section 341(b)(7); 
(C) the status of the adoption and imple-
mentation of policies and procedures by Federal 
law enforcement agencies under section 321 
and by the State and local law enforcement 
agencies under sections 331 and 332; and 
(D) a description of any other policies and 
procedures that the Attorney General believes 
would facilitate the elimination of racial 
profiling. 
Subtitle B—Additional Reforms 
SEC. 361. TRAINING ON RACIAL BIAS AND DUTY TO INTER-
VENE. 
(a) IN GENERAL.—The Attorney General shall estab-
lish— 
(1) a training program for law enforcement of-
ficers to cover racial profiling, implicit bias, and pro-
cedural justice; and 
(2) a clear duty for Federal law enforcement of-
ficers to intervene in cases where another law en-
forcement officer is using excessive force against a 
civilian, and establish a training program that covers 
the duty to intervene. 
(b) MANDATORY TRAINING FOR FEDERAL LAW EN-
FORCEMENT OFFICERS.—The head of each Federal law 
enforcement agency shall require each Federal law en-
forcement officer employed by the agency to complete the 
training programs established under subsection (a). 
(c) LIMITATION ON ELIGIBILITY FOR FUNDS.—Be-
ginning in the first fiscal year that begins after the date 
that is one year after the date of enactment of this Act, 
a State or unit of local government may not receive funds 
under the Byrne grant 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 require each law en-
forcement officer in the State or unit of local government 
to complete the training programs established under sub-
section (a). 
(d) GRANTS TO TRAIN LAW ENFORCEMENT OFFI-
CERS ON USE OF FORCE.—Section 501(a)(1) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 
(34 U.S.C. 10152(a)(1)) is amended by adding at the end 
the following:
‘‘(I) Training programs for law enforce-
ment officers, including training programs on 
use of force and a duty to intervene.’’. 
SEC. 362. BAN ON NO-KNOCK WARRANTS IN DRUG CASES. 
(a) BAN ON FEDERAL WARRANTS IN DRUG CASES.— 
Section 509 of the Controlled Substances Act (21 U.S.C. 
879) is amended by adding at the end the following: ‘‘A 
search warrant authorized under this section shall require 
that a law enforcement officer execute the search warrant 
only after providing notice of his or her authority and pur-
pose.’’. 
(b) LIMITATION ON ELIGIBILITY FOR FUNDS.—Be-
ginning in the first fiscal year that begins after the date 
that is one year after the date of enactment of this Act, 
a State or unit of local government may not receive funds 
under the COPS grant 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 prohibits the issuance of a no-knock warrant in a 
drug case. 
(c) DEFINITION.—In this section, the term ‘‘no- 
knock warrant’’ means a warrant that allows a law en-
forcement officer to enter a property without requiring the 
law enforcement officer to announce the presence of the
law enforcement officer or the intention of the law enforce-
ment officer to enter the property. 
SEC. 363. INCENTIVIZING BANNING OF CHOKEHOLDS AND 
CAROTID HOLDS. 
(a) 
DEFINITION.—In 
this 
section, 
the 
term 
‘‘chokehold or carotid hold’’ means the application of any 
pressure to the throat or windpipe, the use of maneuvers 
that restrict blood or oxygen flow to the brain, or carotid 
artery restraints that prevent or hinder breathing or re-
duce intake of air of an individual. 
(b) LIMITATION ON ELIGIBILITY FOR FUNDS.—Be-
ginning in the first fiscal year that begins after the date 
that is one year after the date of enactment of this Act, 
a State or unit of local government may not receive funds 
under the Byrne grant program or the COPS grant pro-
gram 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 prohibits law enforce-
ment officers in the State or unit of local government from 
using a chokehold or carotid hold. 
(c) CHOKEHOLDS AS CIVIL RIGHTS VIOLATIONS.— 
(1) SHORT
TITLE.—This subsection may be 
cited as the ‘‘Eric Garner Excessive Use of Force 
Prevention Act’’.
(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 
2020’’ or the ‘‘PEACE Act of 2020’’. 
(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-
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.
(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.
(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.
(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;
(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—
‘‘(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 2020; 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 2020; 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
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)
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:
(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.
(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.
(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
(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;
‘‘(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
enactment of the George Floyd Justice in Policing 
Act of 2020; 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.
‘‘(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.
‘‘(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
‘‘(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
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
‘‘(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.
‘‘(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.
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.’’.
(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—
‘‘(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’’.
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
100 
(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.
101 
(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
102 
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—
103 
(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:
104 
(A) Any person who is a subject of body 
camera video footage, and their designated legal 
counsel. 
(B) A parent or legal guardian of a minor 
subject of body camera video footage, and their 
designated legal counsel. 
(C) The spouse, next of kin, or legally au-
thorized designee of a deceased subject of body 
camera video footage, and their designated legal 
counsel. 
(D) A Federal law enforcement officer 
whose body camera recorded the video footage, 
and their designated legal counsel, subject to 
the limitations and restrictions in this part. 
(E) The superior officer of a Federal law 
enforcement officer whose body camera re-
corded the video footage, subject to the limita-
tions and restrictions in this part. 
(F) Any defense counsel who claims, pur-
suant to a written affidavit, to have a reason-
able basis for believing a video may contain evi-
dence that exculpates a client. 
(3) LIMITATION.—The right to inspect subject 
to subsection (j)(1) shall not include the right to 
possess a copy of the body camera video footage, un-
105 
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,
106 
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
107 
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-
108 
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,
109 
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.
110 
(n) ADMISSIBILITY.—Any video footage retained be-
yond 6 months solely and exclusively pursuant to sub-
section (j)(2)(D) shall not be admissible as evidence in any 
criminal or civil legal or administrative proceeding. 
(o) CONFIDENTIALITY.—No government agency or 
official, or law enforcement agency, officer, or official may 
publicly disclose, release, or share body camera video foot-
age unless— 
(1) doing so is expressly authorized pursuant to 
this part or another applicable law; or 
(2) the video footage is subject to public release 
pursuant to subsection (l), and not exempted from 
public release pursuant to subsection (l)(1). 
(p) LIMITATION ON FEDERAL LAW ENFORCEMENT 
OFFICER VIEWING
OF BODY CAMERA FOOTAGE.—No 
Federal law enforcement officer shall review or receive an 
accounting of any body camera video footage that is sub-
ject to a minimum 3-year retention period pursuant to 
subsection (j)(1) prior to completing any required initial 
reports, statements, and interviews regarding the recorded 
event, unless doing so is necessary, while in the field, to 
address an immediate threat to life or safety. 
(q) ADDITIONAL LIMITATIONS.—Video footage may 
not be—
111 
(1) in the case of footage that is not subject to 
a minimum 3-year retention period, viewed by any 
superior officer of a Federal law enforcement officer 
whose body camera recorded the footage absent a 
specific allegation of misconduct; or 
(2) divulged or used by any law enforcement 
agency for any commercial or other non-law enforce-
ment purpose. 
(r) THIRD PARTY MAINTENANCE OF FOOTAGE.— 
Where a law enforcement agency authorizes a third party 
to act as its agent in maintaining body camera footage, 
the agent shall not be permitted to independently access, 
view, or alter any video footage, except to delete videos 
as required by law or agency retention policies. 
(s) ENFORCEMENT.— 
(1) IN GENERAL.—If any Federal law enforce-
ment officer, or any employee or agent of a Federal 
law enforcement agency fails to adhere to the re-
cording or retention requirements contained in this 
part, intentionally interferes with a body camera’s 
ability to accurately capture video footage, or other-
wise manipulates the video footage captured by a 
body camera during or after its operation—
112 
(A) appropriate disciplinary action shall be 
taken against the individual officer, employee, 
or agent; 
(B) a rebuttable evidentiary presumption 
shall be adopted in favor of a criminal defend-
ant who reasonably asserts that exculpatory evi-
dence was destroyed or not captured; and 
(C) a rebuttable evidentiary presumption 
shall be adopted on behalf of a civil plaintiff 
suing the Government, a Federal law enforce-
ment agency, or a Federal law enforcement offi-
cer for damages based on misconduct who rea-
sonably asserts that evidence supporting their 
claim was destroyed or not captured. 
(2) PROOF
COMPLIANCE
WAS
IMPOSSIBLE.— 
The disciplinary action requirement and rebuttable 
presumptions described in paragraph (1) may be 
overcome by contrary evidence or proof of exigent 
circumstances that made compliance impossible. 
(t) USE OF FORCE INVESTIGATIONS.—In the case 
that a Federal law enforcement officer equipped with a 
body camera is involved in, a witness to, or within viewable 
sight range of either the use of force by another law en-
forcement officer that results in a death, the use of force 
by another law enforcement officer, during which the dis-
113 
charge of a firearm results in an injury, or the conduct 
of another law enforcement officer that becomes the sub-
ject of a criminal investigation— 
(1) the law enforcement agency that employs 
the law enforcement officer, or the agency or depart-
ment conducting the related criminal investigation, 
as appropriate, shall promptly take possession of the 
body camera, and shall maintain such camera, and 
any data on such camera, in accordance with the ap-
plicable rules governing the preservation of evidence; 
(2) a copy of the data on such body camera 
shall be made in accordance with prevailing forensic 
standards for data collection and reproduction; and 
(3) such copied data shall be made available to 
the public in accordance with subsection (l). 
(u) LIMITATION
ON USE
OF FOOTAGE
AS EVI-
DENCE.—Any body camera video footage recorded by a 
Federal law enforcement officer that violates this part or 
any other applicable law may not be offered as evidence 
by any government entity, agency, department, prosecu-
torial office, or any other subdivision thereof in any crimi-
nal or civil action or proceeding against any member of 
the public. 
(v) PUBLICATION OF AGENCY POLICIES.—Any Fed-
eral law enforcement agency policy or other guidance re-
114 
garding body cameras, their use, or the video footage 
therefrom that is adopted by a Federal agency or depart-
ment, shall be made publicly available on that agency’s 
website. 
(w) RULE OF CONSTRUCTION.—Nothing in this part 
shall be construed to preempt any laws governing the 
maintenance, production, and destruction of evidence in 
criminal investigations and prosecutions. 
SEC. 373. PATROL VEHICLES WITH IN-CAR VIDEO RECORD-
ING CAMERAS. 
(a) DEFINITIONS.—In this section: 
(1) AUDIO RECORDING.—The term ‘‘audio re-
cording’’ means the recorded conversation between a 
Federal law enforcement officer and a second party. 
(2) EMERGENCY
LIGHTS.—The term ‘‘emer-
gency lights’’ means oscillating, rotating, or flashing 
lights on patrol vehicles. 
(3) ENFORCEMENT OR INVESTIGATIVE STOP.— 
The term ‘‘enforcement or investigative stop’’ means 
an action by a Federal law enforcement officer in re-
lation to enforcement and investigation duties, in-
cluding traffic stops, pedestrian stops, abandoned 
vehicle contacts, motorist assists, commercial motor 
vehicle stops, roadside safety checks, requests for
115 
identification, or responses to requests for emer-
gency assistance. 
(4) IN-CAR VIDEO CAMERA.—The term ‘‘in-car 
video camera’’ means a video camera located in a 
patrol vehicle. 
(5) IN-CAR VIDEO CAMERA RECORDING EQUIP-
MENT.—The term ‘‘in-car video camera recording 
equipment’’ means a video camera recording system 
located in a patrol vehicle consisting of a camera as-
sembly, recording mechanism, and an in-car video 
recording medium. 
(6) RECORDING.—The term ‘‘recording’’ means 
the process of capturing data or information stored 
on a recording medium as required under this sec-
tion. 
(7) RECORDING MEDIUM.—The term ‘‘record-
ing medium’’ means any recording medium for the 
retention and playback of recorded audio and video 
including VHS, DVD, hard drive, solid state, digital, 
or flash memory technology. 
(8) WIRELESS MICROPHONE.—The term ‘‘wire-
less microphone’’ means a device worn by a Federal 
law enforcement officer or any other equipment used 
to record conversations between the officer and a
116 
second party and transmitted to the recording equip-
ment. 
(b) REQUIREMENTS.— 
(1) IN GENERAL.—Each Federal law enforce-
ment agency shall install in-car video camera record-
ing equipment in all patrol vehicles with a recording 
medium capable of recording for a period of 10 
hours or more and capable of making audio record-
ings with the assistance of a wireless microphone. 
(2) RECORDING EQUIPMENT REQUIREMENTS.— 
In-car video camera recording equipment with a re-
cording medium capable of recording for a period of 
10 hours or more shall record activities— 
(A) whenever a patrol vehicle is assigned 
to patrol duty; 
(B) outside a patrol vehicle whenever— 
(i) a Federal law enforcement officer 
assigned that patrol vehicle is conducting 
an enforcement or investigative stop; 
(ii) patrol vehicle emergency lights are 
activated or would otherwise be activated if 
not for the need to conceal the presence of 
law enforcement; or 
(iii) an officer reasonably believes re-
cording may assist with prosecution, en-
117 
hance safety, or for any other lawful pur-
pose; and 
(C) inside the vehicle when transporting an 
arrestee or when an officer reasonably believes 
recording may assist with prosecution, enhance 
safety, or for any other lawful purpose. 
(3) REQUIREMENTS FOR RECORDING.— 
(A) IN GENERAL.—A Federal law enforce-
ment officer shall begin recording for an en-
forcement or investigative stop when the officer 
determines an enforcement stop is necessary 
and shall continue until the enforcement action 
has been completed and the subject of the en-
forcement or investigative stop or the officer 
has left the scene. 
(B) ACTIVATION
WITH
LIGHTS.—A Fed-
eral law enforcement officer shall begin record-
ing when patrol vehicle emergency lights are ac-
tivated or when they would otherwise be acti-
vated if not for the need to conceal the presence 
of law enforcement, and shall continue until the 
reason for the activation ceases to exist, regard-
less of whether the emergency lights are no 
longer activated.
118 
(C) PERMISSIBLE RECORDING.—A Federal 
law enforcement officer may begin recording if 
the officer reasonably believes recording may 
assist with prosecution, enhance safety, or for 
any other lawful purpose; and shall continue 
until the reason for recording ceases to exist. 
(4) 
ENFORCEMENT
OR
INVESTIGATIVE 
STOPS.—A Federal law enforcement officer shall 
record any enforcement or investigative stop. Audio 
recording shall terminate upon release of the violator 
and prior to initiating a separate criminal investiga-
tion. 
(c) RETENTION OF RECORDINGS.—Recordings made 
on in-car video camera recording medium shall be retained 
for a storage period of at least 90 days. Under no cir-
cumstances shall any recording made on in-car video cam-
era recording medium be altered or erased prior to the 
expiration of the designated storage period. Upon comple-
tion of the storage period, the recording medium may be 
erased and reissued for operational use unless otherwise 
ordered or if designated for evidentiary or training pur-
poses. 
(d) ACCESSIBILITY OF RECORDINGS.—Audio or video 
recordings made pursuant to this section shall be available 
under the applicable provisions of section 552a of title 5,
119 
United States Code. Only recorded portions of the audio 
recording or video recording medium applicable to the re-
quest will be available for inspection or copying. 
(e) MAINTENANCE REQUIRED.—The agency shall en-
sure proper care and maintenance of in-car video camera 
recording equipment and recording medium. An officer op-
erating a patrol vehicle must immediately document and 
notify the appropriate person of any technical difficulties, 
failures, or problems with the in-car video camera record-
ing equipment or recording medium. Upon receiving no-
tice, every reasonable effort shall be made to correct and 
repair any of the in-car video camera recording equipment 
or recording medium and determine if it is in the public 
interest to permit the use of the patrol vehicle. 
SEC. 374. FACIAL RECOGNITION TECHNOLOGY. 
No camera or recording device authorized or required 
to be used under this part may be equipped with or employ 
facial recognition technology, and footage from such a 
camera or recording device may not be subjected to facial 
recognition technology. 
SEC. 375. GAO STUDY. 
Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States 
shall conduct a study on Federal law enforcement officer
120 
training, vehicle pursuits, use of force, and interaction 
with citizens, and submit a report on such study to— 
(1) the Committees on the Judiciary of the 
House of Representatives and of the Senate; 
(2) the Committee on Oversight and Reform of 
the House of Representatives; and 
(3) the Committee on Homeland Security and 
Governmental Affairs of the Senate. 
SEC. 376. REGULATIONS. 
Not later than 6 months after the date of the enact-
ment of this Act, the Attorney General shall issue such 
final regulations as are necessary to carry out this part. 
SEC. 377. RULE OF CONSTRUCTION. 
Nothing in this part shall be construed to impose any 
requirement on a Federal law enforcement officer outside 
of the course of carrying out that officer’s duty. 
PART 2—POLICE CAMERA ACT 
SEC. 381. SHORT TITLE. 
This part may be cited as the ‘‘Police Creating Ac-
countability by Making Effective Recording Available Act 
of 2020’’ or the ‘‘Police CAMERA Act of 2020’’. 
SEC. 382. LAW ENFORCEMENT BODY-WORN CAMERA RE-
QUIREMENTS. 
(a) USE OF FUNDS REQUIREMENT.—Section 502(a) 
of title I of the Omnibus Crime Control and Safe Streets
121 
Act of 1968 (34 U.S.C. 10153(a)), as amended by section 
334, is amended by adding at the end the following: 
‘‘(10) An assurance that, for each fiscal year 
covered by an application, the applicant will use not 
less than 5 percent of the total amount of the grant 
award for the fiscal year to develop policies and pro-
tocols in compliance with part OO.’’. 
(b) REQUIREMENTS.—Title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 U.S.C. 10101 
et seq.) is amended by adding at the end the following: 
‘‘PART OO—LAW ENFORCEMENT BODY-WORN 
CAMERAS AND RECORDED DATA 
‘‘SEC. 3051. USE OF GRANT FUNDS. 
‘‘(a) IN GENERAL.—Grant amounts described in 
paragraph (10) of section 502(a) of this title— 
‘‘(1) shall be used— 
‘‘(A) to purchase or lease body-worn cam-
eras for use by State, local, and tribal law en-
forcement officers (as defined in section 2503); 
‘‘(B) for expenses related to the implemen-
tation of a body-worn camera program in order 
to deter excessive force, improve accountability 
and transparency of use of force by law enforce-
ment officers, assist in responding to com-
122 
plaints against law enforcement officers, and 
improve evidence collection; and 
‘‘(C) to implement policies or procedures to 
comply with the requirements described in sub-
section (b); and 
‘‘(2) may not be used for expenses related to fa-
cial recognition technology. 
‘‘(b) REQUIREMENTS.—A recipient of a grant under 
subpart 1 of part E of this title shall— 
‘‘(1) establish policies and procedures in accord-
ance with the requirements described in subsection 
(c) before law enforcement officers use of body-worn 
cameras; 
‘‘(2) adopt recorded data collection and reten-
tion protocols as described in subsection (d) before 
law enforcement officers use of body-worn cameras; 
‘‘(3) make the policies and protocols described 
in paragraphs (1) and (2) available to the public; 
and 
‘‘(4) comply with the requirements for use of 
recorded data under subsection (f). 
‘‘(c) REQUIRED POLICIES AND PROCEDURES.—A re-
cipient of a grant under subpart 1 of part E of this title 
shall—
123 
‘‘(1) develop with community input and publish 
for public view policies and protocols for— 
‘‘(A) the safe and effective use of body- 
worn cameras; 
‘‘(B) the secure storage, handling, and de-
struction of recorded data collected by body- 
worn cameras; 
‘‘(C) protecting the privacy rights of any 
individual who may be recorded by a body-worn 
camera; 
‘‘(D) the release of any recorded data col-
lected by a body-worn camera in accordance 
with the open records laws, if any, of the State; 
and 
‘‘(E) making recorded data available to 
prosecutors, defense attorneys, and other offi-
cers of the court in accordance with subpara-
graph (E); and 
‘‘(2) conduct periodic evaluations of the security 
of the storage and handling of the body-worn camera 
data. 
‘‘(d) RECORDED DATA COLLECTION AND RETEN-
TION PROTOCOL.—The recorded data collection and reten-
tion protocol described in this paragraph is a protocol 
that—
124 
‘‘(1) requires— 
‘‘(A) a law enforcement officer who is 
wearing a body-worn camera to provide an ex-
planation if an activity that is required to be re-
corded by the body-worn camera is not re-
corded; 
‘‘(B) a law enforcement officer who is 
wearing a body-worn camera to obtain consent 
to be recorded from a crime victim or witness 
before interviewing the victim or witness; 
‘‘(C) the collection of recorded data unre-
lated to a legitimate law enforcement purpose 
be minimized to the greatest extent practicable; 
‘‘(D) the system used to store recorded 
data collected by body-worn cameras to log all 
viewing, modification, or deletion of stored re-
corded data and to prevent, to the greatest ex-
tent practicable, the unauthorized access or dis-
closure of stored recorded data; 
‘‘(E) any law enforcement officer be pro-
hibited from accessing the stored data without 
an authorized purpose; and 
‘‘(F) the law enforcement agency to collect 
and report statistical data on—
125 
‘‘(i) incidences of use of force, 
disaggregated by race, ethnicity, gender, 
and age of the victim; 
‘‘(ii) the number of complaints filed 
against law enforcement officers; 
‘‘(iii) the disposition of complaints 
filed against law enforcement officers; 
‘‘(iv) the number of times camera 
footage is used for evidence collection in 
investigations of crimes; and 
‘‘(v) any other additional statistical 
data that the Director determines should 
be collected and reported; 
‘‘(2) allows an individual to file a complaint 
with a law enforcement agency relating to the im-
proper use of body-worn cameras; and 
‘‘(3) complies with any other requirements es-
tablished by the Director. 
‘‘(e) REPORTING.—Statistical data required to be col-
lected under subsection (d)(1)(D) shall be reported to the 
Director, who shall— 
‘‘(1) establish a standardized reporting system 
for statistical data collected under this program; and 
‘‘(2) establish a national database of statistical 
data recorded under this program.
126 
‘‘(f) USE OR TRANSFER OF RECORDED DATA.— 
‘‘(1) IN GENERAL.—Recorded data collected by 
an entity receiving a grant under a grant under sub-
part 1 of part E of this title from a body-worn cam-
era shall be used only in internal and external inves-
tigations of misconduct by a law enforcement agency 
or officer, if there is reasonable suspicion that a re-
cording contains evidence of a crime, or for limited 
training purposes. The Director shall establish rules 
to ensure that the recorded data is used only for the 
purposes described in this paragraph. 
‘‘(2) PROHIBITION ON TRANSFER.—Except as 
provided in paragraph (3), an entity receiving a 
grant under subpart 1 of part E of this title may 
not transfer any recorded data collected by the enti-
ty from a body-worn camera to another law enforce-
ment or intelligence agency. 
‘‘(3) EXCEPTIONS.— 
‘‘(A) CRIMINAL INVESTIGATION.—An enti-
ty receiving a grant under subpart 1 of part E 
of this title may transfer recorded data collected 
by the entity from a body-worn camera to an-
other law enforcement agency or intelligence 
agency for use in a criminal investigation if the 
requesting law enforcement or intelligence agen-
127 
cy has reasonable suspicion that the requested 
data contains evidence relating to the crime 
being investigated. 
‘‘(B) CIVIL RIGHTS CLAIMS.—An entity re-
ceiving a grant under subpart 1 of part E of 
this title may transfer recorded data collected 
by the law enforcement agency from a body- 
worn camera to another law enforcement agen-
cy for use in an investigation of the violation of 
any right, privilege, or immunity secured or 
protected by the Constitution or laws of the 
United States. 
‘‘(g) AUDIT AND ASSESSMENT.— 
‘‘(1) IN
GENERAL.—Not later than 2 years 
after the date of enactment of this part, the Director 
of the Office of Audit, Assessment, and Management 
shall perform an assessment of the use of funds 
under this section and the policies and protocols of 
the grantees. 
‘‘(2) REPORTS.—Not later than September 1 of 
each year, beginning 2 years after the date of enact-
ment of this part, each recipient of a grant under 
subpart 1 of part E of this title shall submit to the 
Director of the Office of Audit, Assessment, and 
Management a report that—
128 
‘‘(A) describes the progress of the body- 
worn camera program; and 
‘‘(B) contains recommendations on ways in 
which the Federal Government, States, and 
units of local government can further support 
the implementation of the program. 
‘‘(3) REVIEW.—The Director of the Office of 
Audit, Assessment, and Management shall evaluate 
the policies and protocols of the grantees and take 
such steps as the Director of the Office of Audit, As-
sessment, and Management determines necessary to 
ensure compliance with the program. 
‘‘SEC. 3052. BODY-WORN CAMERA TRAINING TOOLKIT. 
‘‘(a) IN GENERAL.—The Director shall establish and 
maintain a body-worn camera training toolkit for law en-
forcement agencies, academia, and other relevant entities 
to provide training and technical assistance, including best 
practices for implementation, model policies and proce-
dures, and research materials. 
‘‘(b) MECHANISM.—In establishing the toolkit re-
quired to under subsection (a), the Director may consoli-
date research, practices, templates, and tools that been de-
veloped by expert and law enforcement agencies across the 
country.
129 
‘‘SEC. 3053. STUDY. 
‘‘(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of the Police CAMERA Act of 2020, 
the Director shall conduct a study on— 
‘‘(1) the efficacy of body-worn cameras in deter-
ring excessive force by law enforcement officers; 
‘‘(2) the impact of body-worn cameras on the 
accountability and transparency of the use of force 
by law enforcement officers; 
‘‘(3) the impact of body-worn cameras on re-
sponses to and adjudications of complaints of exces-
sive force; 
‘‘(4) the effect of the use of body-worn cameras 
on the safety of law enforcement officers on patrol; 
‘‘(5) the effect of the use of body-worn cameras 
on public safety; 
‘‘(6) the impact of body-worn cameras on evi-
dence collection for criminal investigations; 
‘‘(7) issues relating to the secure storage and 
handling of recorded data from the body-worn cam-
eras; 
‘‘(8) issues relating to the privacy of individuals 
and officers recorded on body-worn cameras; 
‘‘(9) issues relating to the constitutional rights 
of individuals on whom facial recognition technology 
is used;
131 
TITLE IV—CLOSING THE LAW 
ENFORCEMENT 
CONSENT 
LOOPHOLE 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Closing the Law En-
forcement Consent Loophole Act of 2019’’. 
SEC. 402. PROHIBITION ON ENGAGING IN SEXUAL ACTS 
WHILE ACTING UNDER COLOR OF LAW. 
(a) IN GENERAL.—Section 2243 of title 18, United 
States Code, is amended— 
(1) in the section heading, by adding at the end 
the following: ‘‘or by any person acting 
under color of law’’; 
(2) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; 
(3) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) OF AN INDIVIDUAL BY ANY PERSON ACTING 
UNDER COLOR OF LAW.— 
‘‘(1) IN
GENERAL.—Whoever, acting under 
color of law, knowingly engages in a sexual act with 
an individual, including an individual who is under 
arrest, in detention, or otherwise in the actual cus-
tody of any Federal law enforcement officer, shall be
132 
fined under this title, imprisoned not more than 15 
years, or both. 
‘‘(2) DEFINITION.—In this subsection, the term 
‘sexual act’ has the meaning given the term in sec-
tion 2246.’’; and 
(4) in subsection (d), as so redesignated, by 
adding at the end the following: 
‘‘(3) In a prosecution under subsection (c), it is not 
a defense that the other individual consented to the sexual 
act.’’. 
(b) DEFINITION.—Section 2246 of title 18, United 
States Code, is amended— 
(1) in paragraph (5), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (6), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) the term ‘Federal law enforcement officer’ 
has the meaning given the term in section 115.’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
for chapter 109A of title 18, United States Code, is 
amended by amending the item related to section 2243 
to read as follows: 
‘‘2243. Sexual abuse of a minor or ward or by any person acting under color 
of law.’’.
133 
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
134 
(2) prohibits a person charged with an offense 
described in paragraph (1) from asserting the con-
sent of the other individual as a defense. 
(c) REPORTING REQUIREMENT.—A State or unit of 
local government that receives a grant under the COPS 
grant program shall submit to the Attorney General, on 
an annual basis, information on— 
(1) the number of reports made to law enforce-
ment agencies in that State or unit of local govern-
ment regarding persons engaging in a sexual act 
while acting under color of law during the previous 
year; and 
(2) the disposition of each case in which sexual 
misconduct by a person acting under color of law 
was reported during the previous year. 
SEC. 404. REPORTS TO CONGRESS. 
(a) REPORT
BY ATTORNEY GENERAL.—Not later 
than 1 year after the date of enactment of this Act, and 
each year thereafter, the Attorney General shall submit 
to Congress a report containing— 
(1) the information required to be reported to 
the Attorney General under section 403(b); and 
(2) information on— 
(A) the number of reports made, during 
the previous year, to Federal law enforcement
135 
agencies regarding persons engaging in a sexual 
act while acting under color of law; and 
(B) the disposition of each case in which 
sexual misconduct by a person acting under 
color of law was reported. 
(b) REPORT BY GAO.—Not later than 1 year after 
the date of enactment of this Act, and each year there-
after, the Comptroller General of the United States shall 
submit to Congress a report on any violations of section 
2243(c) of title 18, United States Code, as amended by 
section 402, committed during the 1-year period covered 
by the report. 
SEC. 405. DEFINITION. 
In this title, the term ‘‘sexual act’’ has the meaning 
given the term in section 2246 of title 18, United States 
Code. 
TITLE V—MISCELLANEOUS 
PROVISIONS 
SEC. 501. SEVERABILITY. 
If any provision of this Act, or the application of such 
a provision to any person or circumstance, is held to be 
unconstitutional, the remainder of this Act and the appli-
cation of the remaining provisions of this Act to any per-
son or circumstance shall not be affected thereby.