•HR 7120 IH1S 
are necessarily tied to reliance on actual or per-
ceived race, ethnicity, or tribal affiliation. 
(7) ROUTINE OR SPONTANEOUS INVESTIGATORY 
ACTIVITIES.—The term ‘‘routine or spontaneous in-
vestigatory activities’’ means the following activities 
by a law enforcement agent: 
(A) Interviews. 
(B) Traffic stops. 
(C) Pedestrian stops. 
(D) Frisks and other types of body 
searches. 
(E) Consensual or nonconsensual searches 
of the persons, property, or possessions (includ-
ing vehicles) of individuals using any form of 
public or private transportation, including mo-
torists and pedestrians. 
(F) Data collection and analysis, assess-
ments, and predicated investigations. 
(G) Inspections and interviews of entrants 
into the United States that are more extensive 
than those customarily carried out. 
(H) Immigration-related workplace inves-
tigations. 
(I) Such other types of law enforcement 
encounters compiled for or by the Federal Bu-
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reau of Investigation or the Department of Jus-
tice Bureau of Justice Statistics. 
(8) REASONABLE
REQUEST.—The term ‘‘rea-
sonable request’’ means all requests for information, 
except for those that— 
(A) are immaterial to the investigation; 
(B) would result in the unnecessary disclo-
sure of personal information; or 
(C) would place a severe burden on the re-
sources of the law enforcement agency given its 
size. 
(9) STATE.—The term ‘‘State’’ means each of 
the 50 States, the District of Columbia, the Com-
monwealth of Puerto Rico, and any other territory 
or possession of the United States. 
(10) UNIT OF LOCAL GOVERNMENT.—The term 
‘‘unit of local government’’ means— 
(A) any city, county, township, town, bor-
ough, parish, village, or other general purpose 
political subdivision of a State; or 
(B) any law enforcement district or judicial 
enforcement district that— 
(i) is established under applicable 
State law; and 
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(ii) has the authority to, in a manner 
independent of other State entities, estab-
lish a budget and impose taxes. 
PART I—PROHIBITION OF RACIAL PROFILING 
SEC. 311. PROHIBITION. 
No law enforcement agent or law enforcement agency 
shall engage in racial profiling. 
SEC. 312. ENFORCEMENT. 
(a) REMEDY.—The United States, or an individual 
injured by racial profiling, may enforce this part in a civil 
action for declaratory or injunctive relief, filed either in 
a State court of general jurisdiction or in a district court 
of the United States. 
(b) PARTIES.—In any action brought under this part, 
relief may be obtained against— 
(1) any governmental body that employed any 
law enforcement agent who engaged in racial 
profiling; 
(2) any agent of such body who engaged in ra-
cial profiling; and 
(3) any person with supervisory authority over 
such agent. 
(c) NATURE OF PROOF.—Proof that the routine or 
spontaneous investigatory activities of law enforcement 
agents in a jurisdiction have had a disparate impact on 
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individuals with a particular characteristic described in 
section 302(6) shall constitute prima facie evidence of a 
violation of this part. 
(d) ATTORNEY’S FEES.—In any action or proceeding 
to enforce this part against any governmental body, the 
court may allow a prevailing plaintiff, other than the 
United States, reasonable attorney’s fees as part of the 
costs, and may include expert fees as part of the attorney’s 
fee. 
PART II—PROGRAMS TO ELIMINATE RACIAL 
PROFILING BY FEDERAL LAW ENFORCE-
MENT AGENCIES 
SEC. 321. POLICIES TO ELIMINATE RACIAL PROFILING. 
(a) IN GENERAL.—Federal law enforcement agencies 
shall— 
(1) maintain adequate policies and procedures 
designed to eliminate racial profiling; and 
(2) cease existing practices that permit racial 
profiling. 
(b) POLICIES.—The policies and procedures de-
scribed in subsection (a)(1) shall include— 
(1) a prohibition on racial profiling; 
(2) training on racial profiling issues as part of 
Federal law enforcement training; 
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(3) the collection of data in accordance with the 
regulations issued by the Attorney General under 
section 341; 
(4) procedures for receiving, investigating, and 
responding meaningfully to complaints alleging ra-
cial profiling by law enforcement agents; and 
(5) any other policies and procedures the Attor-
ney General determines to be necessary to eliminate 
racial profiling by Federal law enforcement agencies. 
PART III—PROGRAMS TO ELIMINATE RACIAL 
PROFILING BY STATE AND LOCAL LAW EN-
FORCEMENT AGENCIES 
SEC. 331. POLICIES REQUIRED FOR GRANTS. 
(a) IN GENERAL.—An application by a State, a unit 
of local government, or a State or local law enforcement 
agency for funding under a covered program shall include 
a certification that such State, unit of local government, 
or law enforcement agency, and any law enforcement 
agency to which it will distribute funds— 
(1) maintains adequate policies and procedures 
designed to eliminate racial profiling; and 
(2) has eliminated any existing practices that 
permit or encourage racial profiling. 
(b) POLICIES.—The policies and procedures de-
scribed in subsection (a)(1) shall include— 
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(1) a prohibition on racial profiling; 
(2) training on racial profiling issues as part of 
law enforcement training; 
(3) the collection of data in accordance with the 
regulations issued by the Attorney General under 
section 341; and 
(4) participation in an administrative complaint 
procedure or independent audit program that meets 
the requirements of section 332. 
(c) EFFECTIVE DATE.—This section shall take effect 
12 months after the date of enactment of this Act. 
SEC. 332. INVOLVEMENT OF ATTORNEY GENERAL. 
(a) REGULATIONS.— 
(1) IN
GENERAL.—Not later than 6 months 
after the date of enactment of this Act and in con-
sultation with stakeholders, including Federal, State, 
and local law enforcement agencies and community, 
professional, research, and civil rights organizations, 
the Attorney General shall issue regulations for the 
operation of administrative complaint procedures 
and independent audit programs to ensure that such 
programs and procedures provide an appropriate re-
sponse to allegations of racial profiling by law en-
forcement agents or agencies. 
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(2) 
GUIDELINES.—The 
regulations 
issued 
under paragraph (1) shall contain guidelines that 
ensure the fairness, effectiveness, and independence 
of the administrative complaint procedures and inde-
pendent auditor programs. 
(b) NONCOMPLIANCE.—If the Attorney General de-
termines that the recipient of a grant from any covered 
program is not in compliance with the requirements of sec-
tion 331 or the regulations issued under subsection (a), 
the Attorney General shall withhold, in whole or in part 
(at the discretion of the Attorney General), funds for one 
or more grants to the recipient under the covered pro-
gram, until the recipient establishes compliance. 
(c) PRIVATE PARTIES.—The Attorney General shall 
provide notice and an opportunity for private parties to 
present evidence to the Attorney General that a recipient 
of a grant from any covered program is not in compliance 
with the requirements of this part. 
SEC. 333. DATA COLLECTION DEMONSTRATION PROJECT. 
(a) TECHNICAL ASSISTANCE GRANTS
FOR DATA 
COLLECTION.— 
(1) IN GENERAL.—The Attorney General may, 
through competitive grants or contracts, carry out a 
2-year demonstration project for the purpose of de-
veloping and implementing data collection programs 
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on the hit rates for stops and searches by law en-
forcement agencies. The data collected shall be 
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 
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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 section 
114, is amended by adding at the end the following: 
‘‘(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 
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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 purposes: 
(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 officers 
or units of officers engaged in, or at risk of engag-
ing in, racial profiling or other misconduct. 
(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, 
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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 or spontaneous investigatory activities; 
(2) provide that the data collected shall— 
(A) be collected by race, ethnicity, national 
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 
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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— 
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(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 
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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 Department of Justice Bureau of Justice Statis-
tics shall provide to Congress and make available to the 
public, together with each annual report described in sec-
tion 341, the data collected pursuant to this subtitle, ex-
cluding 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 officer, 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 
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(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 
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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 to cover racial profiling, 
implicit bias, and procedural 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 
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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 beginning after the date 
of enactment of this Act, a State or local jurisdiction 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 local jurisdiction does not require each 
law enforcement officer in the State or local jurisdiction 
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.’’. 
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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) 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. 
(c) LIMITATION ON ELIGIBILITY FOR FUNDS.—Be-
ginning in the first fiscal year beginning after the date 
of enactment of this Act, a State or local jurisdiction 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 other jurisdiction does not have in effect 
a law that prohibits the issuance of a no-knock warrant 
in a drug case. 
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 
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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 beginning after the date 
of enactment of this Act, a State or local jurisdiction may 
not receive funds under the Byrne grant program or the 
COPS grant program for a fiscal year if, on the day before 
the first day of the fiscal year, the State or other jurisdic-
tion does not have in effect a law that prohibits law en-
forcement officers in the State or other jurisdiction 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 
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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) DEADLY
FORCE.—The term ‘‘deadly 
force’’ means force that creates a substantial 
risk of causing death or serious bodily injury, 
including— 
(i) the discharge of a firearm; 
(ii) a maneuver that restricts blood or 
oxygen flow to the brain, including 
chokeholds, strangleholds, neck restraints, 
neckholds, and carotid artery restraints; 
and 
(iii) multiple discharges of an elec-
tronic control weapon. 
(B) DEESCALATION
TACTICS
AND
TECH-
NIQUES.—The term ‘‘deescalation tactics and 
techniques’’ means proactive actions and ap-
proaches used by a Federal law enforcement of-
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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. 
(C) FEDERAL LAW ENFORCEMENT OFFI-
CER.—The term ‘‘Federal law enforcement offi-
cer’’ means any officer, agent, or employee of 
the United States authorized by law or by a 
Government agency to engage in or supervise 
the prevention, detection, investigation, or pros-
ecution of any violation of Federal criminal law. 
(D) LESS
LETHAL
FORCE.—The term 
‘‘less lethal force’’ means any degree of force 
that is not likely to have lethal effect. 
(E) 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. 
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(F) 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. 
(G) 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-
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(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 
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(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). 
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(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 was justified in the case of a Federal 
law enforcement officer— 
‘‘(1) whose use of such force was inconsistent 
with section 2 of the Police Exercising Absolute 
Care With Everyone Act of 2020; or 
‘‘(2) whose 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 of the Police Exercising Absolute Care With Ev-
eryone Act of 2020; and 
‘‘(2) the term ‘Federal law enforcement officer’ 
has the meaning given such term in section 115.’’. 
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(B) CLERICAL AMENDMENT.—The table of 
sections for chapter 51 of title 18, United 
States Code, is amended by inserting after the 
item related 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 other jurisdiction, 
other than an Indian Tribe, may not receive funds 
that the State or other jurisdiction would otherwise 
receive under subpart 1 of part E of title I of the 
Omnibus Crime Control and Safe Streets Act of 
1968 (34 U.S.C. 10151 et seq.) for a fiscal year if, 
on the day before the first day of the fiscal year, the 
State or other jurisdiction does not have in effect a 
law that is consistent with subsection (b) of this Act 
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 
other jurisdiction pursuant to paragraph (1) for 
1 or more fiscal years, and the State or other 
jurisdiction enacts or puts in place a law de-
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scribed in paragraph (1), and demonstrates 
substantial efforts to enforce such law, subject 
to subparagraph (B), the State or other juris-
diction shall be eligible, in the fiscal year after 
the fiscal year during which the State or other 
jurisdiction demonstrates such substantial ef-
forts, to receive the total amount that the State 
or other jurisdiction would have received during 
each fiscal year for which funds were withheld. 
(B) LIMIT
ON
AMOUNT
OF
PRIOR
YEAR 
FUNDS.—A State or other jurisdiction may not 
receive funds under subparagraph (A) in an 
amount that is more than the amount withheld 
from the State or other jurisdiction 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 other 
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jurisdictions on the criteria that the Attorney Gen-
eral will use in determining whether the State or ju-
risdiction 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-
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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 
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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-
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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; 
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‘‘(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 
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(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 Stop Militarizing Law Enforce-
ment Act; 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 cannot 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 
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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) Controlled firearms, ammunition, bayo-
nets, grenade launchers, grenades (including stun 
and flash-bang) and explosives. 
‘‘(B) Controlled vehicles, highly mobile multi- 
wheeled vehicles, mine-resistant ambush-protected 
vehicles, trucks, truck dump, truck utility, and truck 
carryall. 
‘‘(C) Drones that are armored, weaponized, or 
both. 
‘‘(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 
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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 
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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— 
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‘‘(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 
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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 never take owner-
ship of the property. 
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‘‘(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 
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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. BEST PRACTICES FOR LOCAL LAW ENFORCE-
MENT AGENCIES. 
(a) COPS GRANTS USED FOR LOCAL TASK FORCES 
ON POLICING INNOVATION.—Part Q of title I of the of 
the Omnibus Crime Control and Safe Streets Act of 1968 
(34 U.S.C. 10381 et seq.) is amended— 
(1) in section 1701(b) (34 U.S.C. 13081(b)), as 
amended by section 104 of this Act, is amended— 
(A) by redesignating paragraphs (23) and 
(24) as paragraphs (24) and (25), respectively; 
(B) in paragraph (23), as so redesignated, 
by striking ‘‘(22)’’ and inserting ‘‘(23)’’; and 
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(C) by inserting after paragraph (22) the 
following: 
‘‘(23) to develop best practices for and to create 
local task forces on policing innovation;’’; and 
(2) in section 1709 (34 U.S.C. 13089), as 
amended by section 104 of this Act, is amended by 
adding at the end the following: 
‘‘(9) ‘local task force on policing innovation’ 
means an administrative entity that develops best 
practices and programs to enhance community serv-
ice and accountability of law enforcement officers.’’. 
(b) ATTORNEY GENERAL TO CONDUCT STUDY.— 
(1) STUDY.— 
(A) IN GENERAL.—The Attorney General 
shall conduct a nationwide study of the preva-
lence and effect of any law, rule, or procedure 
that allows a law enforcement officer to delay 
the response to questions posed by a local inter-
nal affairs officer, or review board on the inves-
tigative integrity and prosecution of law en-
forcement misconduct, including pre-interview 
warnings and termination policies. 
(B) INITIAL
ANALYSIS.—The Attorney 
General shall perform an initial analysis of ex-
isting State statutes to determine whether, at a 
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threshold level, the effect of this type of rule or 
procedure raises material investigatory issues 
that could impair or hinder a prompt and thor-
ough investigation of possible misconduct, in-
cluding criminal conduct, that would justify a 
wider inquiry. 
(C) DATA COLLECTION.—After completion 
of the initial analysis under subparagraph (B), 
and considering material investigatory issues, 
the Attorney General shall gather additional 
data nationwide on similar rules from a rep-
resentative and statistically significant sample 
of jurisdictions, to determine whether such rules 
and procedures raise such material investiga-
tory issues. 
(2) REPORTING.— 
(A) INITIAL
ANALYSIS.—Not later than 
120 days after the date of the enactment of this 
Act, the Attorney General shall— 
(i) submit to Congress a report con-
taining the results of the initial analysis 
conducted under paragraph (1)(B); 
(ii) make the report submitted under 
clause (i) available to the public; and 
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(iii) identify the jurisdictions for 
which the study described in paragraph 
(1)(A) is to be conducted. 
(B) DATA COLLECTED.—Not later than 2 
years after the date of the enactment of this 
Act, the Attorney General shall submit to Con-
gress a report containing the results of the data 
collected under this section and publish the re-
port in the Federal Register. 
(c) 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.’’. 
(d) 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 subsection (a) 
of this section, is amended— 
(1) by redesignating paragraphs (24) and (25) 
as paragraphs (27) and (28), respectively; 
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(2) in paragraph (27), as so redesignated, by 
striking ‘‘(23)’’ and inserting ‘‘(26)’’; and 
(3) by inserting after paragraph (23) the fol-
lowing: 
‘‘(24) 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; 
‘‘(25) 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; 
‘‘(26) to develop and publicly report strategies 
and timelines to recruit, hire, promote, retain, de-
velop, and train a diverse and inclusive law enforce-
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ment workforce, consistent with merit system prin-
ciples and applicable law;’’. 
Subtitle C—Law Enforcement Body 
Cameras 
PART I—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 UNIFORMED OFFI-
CERS REGARDING THE USE OF BODY CAM-
ERAS. 
(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 uniformed offi-
cer or any identifiable suspect, victim, detainee, 
conversant, injured party, or other similarly sit-
uated person who appears on the body camera 
recording; and 
(B) does not include people who only inci-
dentally appear on the recording. 
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(3) UNIFORMED
OFFICER.—The term ‘‘uni-
formed officer’’ means any person authorized by law 
to conduct searches and effectuate arrests, either 
with or without a warrant, and who is employed by 
the Federal Government. 
(4) USE OF FORCE.—The term ‘‘use of force’’ 
means any action by a uniformed officer that— 
(A) results in death, injury, complaint of 
injury, or complaint of pain that persists be-
yond the use of a physical control hold; 
(B) involves the use of a weapon, including 
a personal body weapon, chemical agent, impact 
weapon, extended range impact weapon, sonic 
weapon, sensory weapon, conducted energy de-
vice, or firearm, against a member of the pub-
lic; or 
(C) involves any intentional pointing of a 
firearm at a member of the public. 
(5) 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.—Uniformed officers with the 
authority to conduct searches and make arrests shall 
wear a body camera. 
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(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 
(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 uniformed officer is responding to 
a call for service or at the initiation of any other law 
enforcement or investigative encounter between a 
uniformed officer and a member of the public, except 
that when an immediate threat to the officer’s life 
or safety makes activating the camera impossible or 
dangerous, the officer shall activate the camera at 
the first reasonable opportunity to do so. 
(2) ALLOWABLE
DEACTIVATION.—The body 
camera shall not be deactivated until the encounter 
has fully concluded and the uniformed officer leaves 
the scene. 
(d) NOTIFICATION OF SUBJECT OF RECORDING.—A 
uniformed officer who is wearing a body camera shall no-
tify any subject of the recording that he or she is being 
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recorded by a body camera as close to the inception of 
the encounter as is reasonably possible. 
(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 
uniformed officer shall ask the occupant if the occu-
pant wants the officer to discontinue use of the offi-
cer’s body camera. If the occupant responds affirma-
tively, the uniformed officer shall immediately dis-
continue use of the body camera. The officer shall 
record such communication using the officer’s body 
camera. 
(2) When interacting with an apparent crime 
victim, a uniformed officer shall, as soon as prac-
ticable, ask the apparent crime victim if the appar-
ent crime victim wants the officer to discontinue use 
of the officer’s body camera. If the apparent crime 
victim responds affirmatively, the uniformed officer 
shall immediately discontinue use of the body cam-
era. 
(3) When interacting with a person seeking to 
anonymously report a crime or assist in an ongoing 
law enforcement investigation, a uniformed officer 
shall, as soon as practicable, ask the person seeking 
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to remain anonymous, if the person seeking to re-
main anonymous wants the officer to discontinue use 
of the officer’s body camera. If the person seeking 
to remain anonymous responds affirmatively, the 
uniformed officer shall immediately discontinue use 
of the body camera. 
(f) RECORDING OF OFFERS TO DISCONTINUE USE 
OF BODY CAMERA.—Each offer of a uniformed officer to 
discontinue the use of a body camera made pursuant to 
subsection (d), and the responses thereto, shall be re-
corded by the body camera prior to discontinuing 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 encounter between a law enforcement offi-
cer and a member of the public, and shall not be equipped 
with or subjected to any real time facial recognition tech-
nologies. 
(h) EXCEPTIONS.—Uniformed officers— 
(1) shall not be required to use body cameras 
during investigative or enforcement encounters with 
the public in the case that— 
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(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: 
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(A) Any person who is a subject of body 
camera video footage, and their designated legal 
counsel. 
(B) A parent 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 uniformed officer whose body cam-
era recorded the video footage, and their des-
ignated legal counsel, subject to the limitations 
and restrictions in this part. 
(E) The superior officer of a uniformed of-
ficer whose body camera recorded the video 
footage, subject to the limitations and restric-
tions 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-
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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 the law. 
(j) ADDITIONAL RETENTION REQUIREMENTS.—Not-
withstanding the retention and deletion requirements in 
subsection (i): 
(1) Video footage shall be automatically re-
tained for not less than 3 years if the video footage 
captures an interaction or event involving— 
(A) any use of force; or 
(B) an encounter about which a complaint 
has been registered by a subject of the video 
footage. 
(2) Body camera video footage shall also be re-
tained for not less than 3 years if a longer retention 
period is voluntarily requested by— 
(A) the uniformed officer whose body cam-
era recorded the video footage, if that officer 
reasonably asserts the video footage has evi-
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•HR 7120 IH1S 
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 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-
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•HR 7120 IH1S 
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 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, 
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•HR 7120 IH1S 
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. 
(5) APPLICABILITY.—The provisions governing 
the production of body camera video footage to the 
public in this part shall take precedence over all 
other State and local laws, rules, and regulations to 
the contrary. 
(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 
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•HR 7120 IH1S 
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 on-the-job con-
duct. 
(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 UNIFORMED OFFICER VIEWING 
OF BODY CAMERA FOOTAGE.—No uniformed officer shall 
review or receive an accounting of any body camera video 
footage that is subject to a minimum 3-year retention pe-
riod pursuant to subsection (j)(1) prior to completing any 
required initial reports, statements, and interviews regard-
ing the recorded event, unless doing so is necessary, while 
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•HR 7120 IH1S 
in the field, to address an immediate threat to life or safe-
ty. 
(q) ADDITIONAL LIMITATIONS.—Video footage may 
not be— 
(1) in the case of footage that is not subject to 
a minimum 3-year retention period, viewed by any 
superior officer of a uniformed officer whose body 
camera recorded the footage absent a specific allega-
tion of misconduct; 
(2) subjected to facial recognition or any other 
form of automated analysis or analytics of any kind, 
unless— 
(A) a judicial warrant providing authoriza-
tion is obtained; 
(B) the judicial warrant specifies the pre-
cise video recording to which the authorization 
applies; and 
(C) the authorizing court finds there is 
probable cause to believe that the requested use 
of facial recognition is relevant to an ongoing 
criminal investigation; or 
(3) divulged or used by any law enforcement 
agency for any commercial or other non-law enforce-
ment purpose. 
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•HR 7120 IH1S 
(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 uniformed officer, 
employee, or agent fails to adhere to the recording 
or retention requirements contained in this part, in-
tentionally interfere with a body camera’s ability to 
accurately capture video footage, or otherwise ma-
nipulate the video footage captured by a body cam-
era during or after its operation— 
(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 criminal defendants 
who reasonably assert that exculpatory evidence 
was destroyed or not captured; and 
(C) a rebuttable evidentiary presumption 
shall be adopted on behalf of civil plaintiffs 
suing the government, a law enforcement agen-
cy and/or uniformed officers for damages based 
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on police misconduct who reasonably assert 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 law enforcement officer equipped with a body cam-
era is involved in, a witness to, or within viewable sight 
range of either the use of force by another law enforce-
ment officer that results in a death, the use of force by 
another law enforcement officer, during which the dis-
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; 
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•HR 7120 IH1S 
(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 in con-
travention of this part or any other applicable law may 
not be offered as evidence by any government entity, agen-
cy, department, prosecutorial office, or any other subdivi-
sion thereof in any criminal or civil action or proceeding 
against any member of the public. 
(v) PUBLICATION OF AGENCY POLICIES.—Any law 
enforcement policy or other guidance regarding body cam-
eras, their use, or the video footage therefrom that is 
adopted by a Federal agency or department, shall be made 
publicly available on that agency’s website. 
(w) RULE OF CONSTRUCTION.—Nothing in this part 
shall be construed to contravene 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: 
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(1) AUDIO RECORDING.—The term ‘‘audio re-
cording’’ means the recorded conversation between 
an officer and a second party. 
(2) EMERGENCY
LIGHTS.—The term ‘‘emer-
gency lights’’ means oscillating, rotating, or flashing 
lights on patrol vehicles. 
(3) ENFORCEMENT STOP.—The term ‘‘enforce-
ment stop’’ means an action by an officer in relation 
to enforcement and investigation duties, including 
traffic stops, pedestrian stops, abandoned vehicle 
contacts, motorist assists, commercial motor vehicle 
stops, roadside safety checks, requests for identifica-
tion, or responses to requests for emergency assist-
ance. 
(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 
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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 the officer 
or any other equipment used to record conversations 
between the officer and a second party and trans-
mitted to the recording equipment. 
(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) outside a patrol vehicle whenever— 
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