funds under the Byrne grant program or the COPS grant 
program during a fiscal year may not make available any 
amount of such funds to a local law enforcement agency 
if that local law enforcement agency enters into or renews 
any contractual arrangement, including a collective bar-
gaining agreement with a labor organization, that— 
(1) would prevent the Attorney General from 
seeking or enforcing equitable or declaratory relief 
against a law enforcement agency engaging in a pat-
tern or practice of unconstitutional misconduct; or 
(2) conflicts with any terms or conditions con-
tained in a consent decree. 
SEC. 104. INDEPENDENT INVESTIGATIONS. 
(a) IN GENERAL.— 
(1) DEFINITIONS.—In this subsection: 
(A) INDEPENDENT
INVESTIGATION.—The 
term ‘‘independent investigation’’ means a 
criminal investigation or prosecution of a law 
enforcement officer’s use of deadly force, in-
cluding one or more of the following: 
(i) Using an agency or civilian review 
board that investigates and independently 
reviews all allegations of use of deadly 
force made against law enforcement offi-
cers in the jurisdiction. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(ii) Assigning of the attorney general 
of the State in which the alleged use of 
deadly force was committed to conduct the 
criminal investigation and prosecution. 
(iii) Adopting a procedure under 
which an independent prosecutor is as-
signed to investigate and prosecute the 
case, including a procedure under which an 
automatic referral is made to an inde-
pendent prosecutor appointed and overseen 
by the attorney general of the State in 
which the alleged use of deadly force was 
committed. 
(iv) Adopting a procedure under 
which an independent prosecutor is as-
signed to investigate and prosecute the 
case. 
(v) Having law enforcement agencies 
agree to and implement memoranda of un-
derstanding with other law enforcement 
agencies under which the other law en-
forcement agencies— 
(I) shall conduct the criminal in-
vestigation into the alleged use of 
deadly force; and 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(II) upon conclusion of the crimi-
nal investigation, shall file a report 
with the attorney general of the State 
containing a determination regarding 
whether— 
(aa) the use of deadly force 
was appropriate; and 
(bb) any action should be 
taken by the attorney general of 
the State. 
(vi) Any substantially similar proce-
dure to ensure impartiality in the inves-
tigation or prosecution. 
(B) INDEPENDENT
INVESTIGATION
OF 
LAW
ENFORCEMENT
STATUTE.—The 
term 
‘‘independent investigation of law enforcement 
statute’’ means a statute requiring an inde-
pendent investigation in a criminal matter in 
which— 
(i) one or more of the possible defend-
ants is a law enforcement officer; 
(ii) one or more of the alleged offenses 
involves the law enforcement officer’s use 
of deadly force in the course of carrying 
out that officer’s duty; and 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(iii) the non-Federal law enforcement 
officer’s use of deadly force resulted in a 
death or injury. 
(C) 
INDEPENDENT
PROSECUTOR.—The 
term ‘‘independent prosecutor’’ means, with re-
spect to a criminal investigation or prosecution 
of a law enforcement officer’s use of deadly 
force, a prosecutor who— 
(i) does not oversee or regularly rely 
on the law enforcement agency by which 
the law enforcement officer under inves-
tigation is employed; and 
(ii) would not be involved in the pros-
ecution in the ordinary course of that pros-
ecutor’s duties. 
(2) GRANT PROGRAM.—The Attorney General 
may award grants to eligible States and Indian 
Tribes to assist in implementing an independent in-
vestigation of law enforcement statute. 
(3) ELIGIBILITY.—To be eligible for a grant 
under this subsection, a State or Indian Tribe shall 
have in effect an independent investigation of law 
enforcement statute. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the At-
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
torney General $750,000,000 for fiscal years 2022 
through 2024 to carry out this subsection. 
(b) COPS GRANT PROGRAM USED FOR CIVILIAN RE-
VIEW BOARDS.—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. 10381(b))— 
(A) by redesignating paragraphs (22) and 
(23) as paragraphs (23) and (24), respectively; 
(B) in paragraph (23), as so redesignated, 
by striking ‘‘(21)’’ and inserting ‘‘(22)’’; and 
(C) by inserting after paragraph (21) the 
following: 
‘‘(22) to develop best practices for and to create 
civilian review boards;’’; and 
(2) in section 1709 (34 U.S.C. 10389), by add-
ing at the end the following: 
‘‘(8) ‘civilian review board’ means an adminis-
trative entity that investigates civilian complaints 
against law enforcement officers and— 
‘‘(A) is independent and adequately fund-
ed; 
‘‘(B) has investigatory authority and sub-
poena power; 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(C) has representative community diver-
sity; 
‘‘(D) has policy making authority; 
‘‘(E) provides advocates for civilian com-
plainants; 
‘‘(F) may conduct hearings; and 
‘‘(G) conducts statistical studies on pre-
vailing complaint trends.’’. 
Subtitle B—Law Enforcement 
Trust and Integrity Act 
SEC. 111. SHORT TITLE. 
This subtitle may be cited as the ‘‘Law Enforcement 
Trust and Integrity Act of 2021’’. 
SEC. 112. DEFINITIONS. 
In this subtitle: 
(1) COMMUNITY-BASED
ORGANIZATION.—The 
term ‘‘community-based organization’’ means a 
grassroots organization that monitors the issue of 
police misconduct and that has a local or national 
presence and membership, such as the National As-
sociation for the Advancement of Colored People 
(NAACP), the American Civil Liberties Union 
(ACLU), UnidosUS, the National Urban League, 
the National Congress of American Indians, or the 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
National Asian Pacific American Legal Consortium 
(NAPALC). 
(2) LAW ENFORCEMENT ACCREDITATION ORGA-
NIZATION.—The term ‘‘law enforcement accredita-
tion organization’’ means a professional law enforce-
ment organization involved in the development of 
standards of accreditation for law enforcement agen-
cies at the national, State, regional, or Tribal level, 
such as the Commission on Accreditation for Law 
Enforcement Agencies (CALEA). 
(3) LAW
ENFORCEMENT
AGENCY.—The term 
‘‘law enforcement agency’’ means a State, local, In-
dian tribal, or campus public agency engaged in the 
prevention, detection, investigation, prosecution, or 
adjudication of violations of criminal laws. 
(4) PROFESSIONAL LAW ENFORCEMENT ASSO-
CIATION.—The term ‘‘professional law enforcement 
association’’ means a law enforcement membership 
association that works for the needs of Federal, 
State, local, or Indian tribal law enforcement agen-
cies and with the civilian community on matters of 
common interest, such as the Hispanic American 
Police Command Officers Association (HAPCOA), 
the National Asian Pacific Officers Association 
(NAPOA), the National Black Police Association 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(NBPA), the National Latino Peace Officers Asso-
ciation (NLPOA), the National Organization of 
Black Law Enforcement Executives (NOBLE), 
Women in Law Enforcement, the Native American 
Law Enforcement Association (NALEA), the Inter-
national Association of Chiefs of Police (IACP), the 
National Sheriffs’ Association (NSA), the Fraternal 
Order of Police (FOP), or the National Association 
of School Resource Officers. 
(5) PROFESSIONAL CIVILIAN OVERSIGHT ORGA-
NIZATION.—The term ‘‘professional civilian oversight 
organization’’ means a membership organization 
formed to address and advance civilian oversight of 
law enforcement and whose members are from Fed-
eral, State, regional, local, or Tribal organizations 
that review issues or complaints against law enforce-
ment agencies or officers, such as the National Asso-
ciation for Civilian Oversight of Law Enforcement 
(NACOLE). 
SEC. 113. ACCREDITATION OF LAW ENFORCEMENT AGEN-
CIES. 
(a) STANDARDS.— 
(1) INITIAL ANALYSIS.—The Attorney General 
shall perform an initial analysis of existing accredi-
tation standards and methodology developed by law 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
enforcement accreditation organizations nationwide, 
including national, State, regional, and Tribal ac-
creditation organizations. Such an analysis shall in-
clude a review of the recommendations of the Final 
Report of the President’s Taskforce on 21st Century 
Policing, issued by the Department of Justice, in 
May 2015. 
(2) DEVELOPMENT OF UNIFORM STANDARDS.— 
After completion of the initial review and analysis 
under paragraph (1), the Attorney General shall— 
(A) recommend, in consultation with law 
enforcement accreditation organizations and 
community-based organizations, the adoption of 
additional standards that will result in greater 
community accountability of law enforcement 
agencies and an increased focus on policing 
with a guardian mentality, including standards 
relating to— 
(i) early warning systems and related 
intervention programs; 
(ii) use of force procedures; 
(iii) civilian review procedures; 
(iv) traffic and pedestrian stop and 
search procedures; 
(v) data collection and transparency; 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(vi) administrative due process re-
quirements; 
(vii) video monitoring technology; 
(viii) youth justice and school safety; 
and 
(ix) recruitment, hiring, and training; 
and 
(B) recommend additional areas for the 
development of national standards for the ac-
creditation of law enforcement agencies in con-
sultation with existing law enforcement accredi-
tation organizations, professional law enforce-
ment associations, labor organizations, commu-
nity-based organizations, and professional civil-
ian oversight organizations. 
(3) CONTINUING
ACCREDITATION
PROCESS.— 
The Attorney General shall adopt policies and proce-
dures to partner with law enforcement accreditation 
organizations, professional law enforcement associa-
tions, labor organizations, community-based organi-
zations, and professional civilian oversight organiza-
tions to— 
(A) continue the development of further 
accreditation standards consistent with para-
graph (2); and 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(B) encourage the pursuit of accreditation 
of Federal, State, local, and Tribal law enforce-
ment agencies by certified law enforcement ac-
creditation organizations. 
(b) USE
OF
FUNDS
REQUIREMENTS.—Section 
502(a) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10153(a)) is amended by 
adding at the end the following: 
‘‘(7) 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 assist law enforcement 
agencies of the applicant, including campus public 
safety departments, gain or maintain accreditation 
from certified law enforcement accreditation organi-
zations in accordance with section 113 of the Law 
Enforcement Trust and Integrity Act of 2021.’’. 
(c) ELIGIBILITY FOR CERTAIN GRANT FUNDS.—The 
Attorney General shall, as appropriate and consistent with 
applicable law, allocate Department of Justice discre-
tionary grant funding only to States or units of local gov-
ernment that require law enforcement agencies of that 
State or unit of local government to gain and maintain 
accreditation from certified law enforcement accreditation 
organizations in accordance with this section. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 114. LAW ENFORCEMENT GRANTS. 
(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 
113, is amended by adding at the end the following: 
‘‘(8) 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 study and implement ef-
fective management, training, recruiting, hiring, and 
oversight standards and programs to promote effec-
tive community and problem solving strategies for 
law enforcement agencies in accordance with section 
114 of the Law Enforcement Trust and Integrity 
Act of 2021.’’. 
(b) GRANT PROGRAM FOR COMMUNITY ORGANIZA-
TIONS.—The Attorney General may make grants to com-
munity-based organizations to study and implement— 
(1) effective management, training, recruiting, 
hiring, and oversight standards and programs to 
promote effective community and problem solving 
strategies for law enforcement agencies; or 
(2) effective strategies and solutions to public 
safety, including strategies that do not rely on Fed-
eral and local law enforcement agency responses. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(c) USE OF FUNDS.—Grant amounts described in 
paragraph (8) 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, and 
grant amounts awarded under subsection (b) shall be used 
to— 
(1) study management and operations stand-
ards for law enforcement agencies, including stand-
ards relating to administrative due process, resi-
dency requirements, compensation and benefits, use 
of force, racial profiling, early warning and interven-
tion systems, youth justice, school safety, civilian re-
view boards or analogous procedures, or research 
into the effectiveness of existing programs, projects, 
or other activities designed to address misconduct; 
and 
(2) develop pilot programs and implement effec-
tive standards and programs in the areas of train-
ing, hiring and recruitment, and oversight that are 
designed to improve management and address mis-
conduct by law enforcement officers. 
(d) COMPONENTS OF PILOT PROGRAM.—A pilot pro-
gram developed under subsection (c)(2) shall include im-
plementation of the following: 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(1) TRAINING.—The implementation of policies, 
practices, and procedures addressing training and 
instruction to comply with accreditation standards in 
the areas of— 
(A) the use of deadly force, less lethal 
force, and de-escalation tactics and techniques; 
(B) investigation of officer misconduct and 
practices and procedures for referring to pros-
ecuting authorities allegations of officer use of 
excessive force or racial profiling; 
(C) disproportionate contact by law en-
forcement with minority communities; 
(D) tactical and defensive strategy; 
(E) arrests, searches, and restraint; 
(F) professional verbal communications 
with civilians; 
(G) interactions with— 
(i) youth; 
(ii) individuals with disabilities; 
(iii) individuals with limited English 
proficiency; and 
(iv) multi-cultural communities; 
(H) proper traffic, pedestrian, and other 
enforcement stops; and 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(I) community relations and bias aware-
ness. 
(2) RECRUITMENT, HIRING, RETENTION, AND 
PROMOTION OF DIVERSE LAW ENFORCEMENT OFFI-
CERS.—Policies, procedures, and practices for— 
(A) the hiring and recruitment of diverse 
law enforcement officers who are representative 
of the communities they serve; 
(B) the development of selection, pro-
motion, educational, background, and psycho-
logical standards that comport with title VII of 
the Civil Rights Act of 1964 (42 U.S.C. 2000e 
et seq.); and 
(C) initiatives to encourage residency in 
the jurisdiction served by the law enforcement 
agency and continuing education. 
(3) OVERSIGHT.—Complaint procedures, in-
cluding the establishment of civilian review boards or 
analogous procedures for jurisdictions across a range 
of sizes and agency configurations, complaint proce-
dures by community-based organizations, early 
warning systems and related intervention programs, 
video monitoring technology, data collection and 
transparency, and administrative due process re-
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
quirements inherent to complaint procedures for 
members of the public and law enforcement. 
(4) YOUTH JUSTICE AND SCHOOL SAFETY.— 
Uniform standards on youth justice and school safe-
ty that include best practices for law enforcement 
interaction and communication with children and 
youth, taking into consideration adolescent develop-
ment and any disability, including— 
(A) the right to effective and timely notifi-
cation of a parent or legal guardian of any law 
enforcement interaction, regardless of the immi-
gration status of the individuals involved; and 
(B) the creation of positive school climates 
by improving school conditions for learning 
by— 
(i) eliminating school-based arrests 
and referrals to law enforcement; 
(ii) using evidence-based preventative 
measures and alternatives to school-based 
arrests and referrals to law enforcement, 
such as restorative justice and healing 
practices; and 
(iii) using school-wide positive behav-
ioral interventions and supports. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(5) VICTIM SERVICES.—Counseling services, in-
cluding psychological counseling, for individuals and 
communities impacted by law enforcement mis-
conduct. 
(e) TECHNICAL ASSISTANCE.— 
(1) IN GENERAL.—The Attorney General may 
provide technical assistance to States and commu-
nity-based organizations in furtherance of the pur-
poses of this section. 
(2) MODELS
FOR
REDUCTION
OF
LAW
EN-
FORCEMENT MISCONDUCT.—The technical assistance 
provided by the Attorney General may include the 
development of models for States and community- 
based organizations to reduce law enforcement offi-
cer misconduct. Any development of such models 
shall be in consultation with community-based orga-
nizations. 
(f) USE OF COMPONENTS.—The Attorney General 
may use any component or components of the Department 
of Justice in carrying out this section. 
(g) APPLICATIONS.—An application for a grant 
under subsection (b) shall be submitted in such form, and 
contain such information, as the Attorney General may 
prescribe by rule. 
(h) PERFORMANCE EVALUATION.— 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(1) MONITORING COMPONENTS.— 
(A) IN GENERAL.—Each program, project, 
or activity funded under this section shall con-
tain a monitoring component, which shall be de-
veloped pursuant to rules made by the Attorney 
General. 
(B) 
REQUIREMENT.—Each 
monitoring 
component required under subparagraph (A) 
shall include systematic identification and col-
lection of data about activities, accomplish-
ments, and programs throughout the duration 
of the program, project, or activity and presen-
tation of such data in a usable form. 
(2) EVALUATION COMPONENTS.— 
(A) IN GENERAL.—Selected grant recipi-
ents shall be evaluated on the local level or as 
part of a national evaluation, pursuant to rules 
made by the Attorney General. 
(B) REQUIREMENTS.—An evaluation con-
ducted under subparagraph (A) may include 
independent audits of police behavior and other 
assessments of individual program implementa-
tions. For community-based organizations in se-
lected jurisdictions that are able to support out-
come evaluations, the effectiveness of funded 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
programs, projects, and activities may be re-
quired. 
(3) PERIODIC REVIEW AND REPORTS.—The At-
torney General may require a grant recipient to sub-
mit biannually to the Attorney General the results of 
the monitoring and evaluations required under para-
graphs (1) and (2) and such other data and infor-
mation as the Attorney General determines to be 
necessary. 
(i) REVOCATION OR SUSPENSION OF FUNDING.—If 
the Attorney General determines, as a result of monitoring 
under subsection (h) or otherwise, that a grant recipient 
under the Byrne grant program or under subsection (b) 
is not in substantial compliance with the requirements of 
this section, the Attorney General may revoke or suspend 
funding of that grant, in whole or in part. 
(j) CIVILIAN REVIEW BOARD DEFINED.—In this sec-
tion, the term ‘‘civilian review board’’ means an adminis-
trative entity that investigates civilian complaints against 
law enforcement officers and— 
(1) is independent and adequately funded; 
(2) has investigatory authority and subpoena 
power; 
(3) has representative community diversity; 
(4) has policy making authority; 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(5) provides advocates for civilian complainants; 
(6) may conduct hearings; and 
(7) conducts statistical studies on prevailing 
complaint trends. 
(k) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Attorney General 
$25,000,000 for fiscal year 2022 to carry out the grant 
program authorized under subsection (b). 
SEC. 115. ATTORNEY GENERAL TO CONDUCT STUDY. 
(a) STUDY.— 
(1) IN GENERAL.—The Attorney General shall 
conduct a nationwide study of the prevalence and ef-
fect of any law, rule, or procedure that allows a law 
enforcement officer to delay the response to ques-
tions posed by a local internal affairs officer, or re-
view board on the investigative integrity and pros-
ecution of law enforcement misconduct, including 
pre-interview warnings and termination policies. 
(2) INITIAL ANALYSIS.—The Attorney General 
shall perform an initial analysis of existing State 
laws, rules, and procedures to determine whether, at 
a threshold level, the effect of the type of law, rule, 
or procedure that raises material investigatory issues 
that could impair or hinder a prompt and thorough 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
investigation of possible misconduct, including crimi-
nal conduct. 
(3) DATA
COLLECTION.—After completion of 
the initial analysis under paragraph (2), and consid-
ering material investigatory issues, the Attorney 
General shall gather additional data nationwide on 
similar laws, rules, and procedures from a represent-
ative and statistically significant sample of jurisdic-
tions, to determine whether such laws, rules, and 
procedures raise such material investigatory issues. 
(b) REPORTING.— 
(1) INITIAL
ANALYSIS.—Not later than 120 
days after the date of the enactment of this Act, the 
Attorney General shall— 
(A) submit to Congress a report containing 
the results of the initial analysis conducted 
under subsection (a)(2); 
(B) make the report submitted under sub-
paragraph (A) available to the public; and 
(C) identify the jurisdictions for which the 
study described in subsection (a)(3) is to be 
conducted. 
(2) DATA COLLECTED.—Not later than 2 years 
after the date of the enactment of this Act, the At-
torney General shall submit to Congress a report 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
containing the results of the data collected under 
this section and publish the report in the Federal 
Register. 
SEC. 116. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for fiscal 
year 2022, in addition to any other sums authorized to 
be appropriated— 
(1) $25,000,000 for additional expenses relat-
ing to the enforcement of section 210401 of the Vio-
lent Crime Control and Law Enforcement Act of 
1994 (34 U.S.C. 12601), criminal enforcement 
under sections 241 and 242 of title 18, United 
States Code, and administrative enforcement by the 
Department of Justice of such sections, including 
compliance with consent decrees or judgments en-
tered into under such section 210401; and 
(2) $3,300,000 for additional expenses related 
to conflict resolution by the Department of Justice’s 
Community Relations Service. 
SEC. 117. NATIONAL TASK FORCE ON LAW ENFORCEMENT 
OVERSIGHT. 
(a) ESTABLISHMENT.—There is established within 
the Department of Justice a task force to be known as 
the Task Force on Law Enforcement Oversight (herein-
after in this section referred to as the ‘‘Task Force’’). 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(b) COMPOSITION.—The Task Force shall be com-
posed of individuals appointed by the Attorney General, 
who shall appoint not less than 1 individual from each of 
the following: 
(1) The Special Litigation Section of the Civil 
Rights Division. 
(2) The Criminal Section of the Civil Rights Di-
vision. 
(3) The Federal Coordination and Compliance 
Section of the Civil Rights Division. 
(4) The Employment Litigation Section of the 
Civil Rights Division. 
(5) The Disability Rights Section of the Civil 
Rights Division. 
(6) The Office of Justice Programs. 
(7) The Office of Community Oriented Policing 
Services (COPS). 
(8) The Corruption/Civil Rights Section of the 
Federal Bureau of Investigation. 
(9) The Community Relations Service. 
(10) The Office of Tribal Justice. 
(11) The unit within the Department of Justice 
assigned as a liaison for civilian review boards. 
(c) POWERS AND DUTIES.—The Task Force shall 
consult with professional law enforcement associations, 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
labor organizations, and community-based organizations 
to coordinate the process of the detection and referral of 
complaints regarding incidents of alleged law enforcement 
misconduct. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $5,000,000 for each fis-
cal year to carry out this section. 
SEC. 118. FEDERAL DATA COLLECTION ON LAW ENFORCE-
MENT PRACTICES. 
(a) AGENCIES TO REPORT.—Each Federal, State, 
Tribal, and local law enforcement agency shall report data 
of the practices enumerated in subsection (c) of that agen-
cy to the Attorney General. 
(b) BREAKDOWN OF INFORMATION BY RACE, ETH-
NICITY, AND GENDER.—For each practice enumerated in 
subsection (c), the reporting law enforcement agency shall 
provide a breakdown of the numbers of incidents of that 
practice by race, ethnicity, age, and gender of the officers 
of the agency and of members of the public involved in 
the practice. 
(c) PRACTICES TO BE REPORTED ON.—The prac-
tices to be reported on are the following: 
(1) Traffic violation stops. 
(2) Pedestrian stops. 
(3) Frisk and body searches. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(4) Instances where law enforcement officers 
used deadly force, including— 
(A) a description of when and where dead-
ly force was used, and whether it resulted in 
death; 
(B) a description of deadly force directed 
against an officer and whether it resulted in in-
jury or death; and 
(C) the law enforcement agency’s justifica-
tion for use of deadly force, if the agency deter-
mines it was justified. 
(d) RETENTION OF DATA.—Each law enforcement 
agency required to report data under this section shall 
maintain records relating to any matter reported for not 
less than 4 years after those records are created. 
(e) PENALTY FOR STATES FAILING TO REPORT AS 
REQUIRED.— 
(1) IN GENERAL.—For any fiscal year, a State 
shall not receive any amount that would otherwise 
be allocated to that State under section 505(a) of 
title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10156(a)), or any 
amount from any other law enforcement assistance 
program of the Department of Justice, unless the 
State has ensured, to the satisfaction of the Attor-
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
ney General, that the State and each local law en-
forcement agency of the State is in substantial com-
pliance with the requirements of this section. 
(2) REALLOCATION.—Amounts not allocated by 
reason of this subsection shall be reallocated to 
States not disqualified by failure to comply with this 
section. 
(f) REGULATIONS.—The Attorney General shall pre-
scribe regulations to carry out this section. 
TITLE 
II—POLICING 
TRANS-
PARENCY THROUGH DATA 
Subtitle A—National Police 
Misconduct Registry 
SEC. 201. ESTABLISHMENT OF NATIONAL POLICE MIS-
CONDUCT REGISTRY. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Attorney General shall 
establish a National Police Misconduct Registry to be com-
piled and maintained by the Department of Justice. 
(b) CONTENTS
OF REGISTRY.—The Registry re-
quired to be established under subsection (a) shall contain 
the following data with respect to all Federal and local 
law enforcement officers: 
(1) Each complaint filed against a law enforce-
ment officer, aggregated by— 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(A) complaints that were found to be cred-
ible or that resulted in disciplinary action 
against 
the 
law 
enforcement 
officer, 
disaggregated by whether the complaint in-
volved a use of force or racial profiling (as such 
term is defined in section 302); 
(B) complaints that are pending review, 
disaggregated by whether the complaint in-
volved a use of force or racial profiling; and 
(C) complaints for which the law enforce-
ment officer was exonerated or that were deter-
mined to be unfounded or not sustained, 
disaggregated by whether the complaint in-
volved a use of force or racial profiling. 
(2) Discipline records, disaggregated by wheth-
er the complaint involved a use of force or racial 
profiling. 
(3) Termination records, the reason for each 
termination, disaggregated by whether the complaint 
involved a use of force or racial profiling. 
(4) Records of certification in accordance with 
section 202. 
(5) Records of lawsuits against law enforcement 
officers and settlements of such lawsuits. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(6) Instances where a law enforcement officer 
resigns or retires while under active investigation re-
lated to the use of force. 
(c) 
FEDERAL
AGENCY
REPORTING
REQUIRE-
MENTS.—Not later than 1 year after the date of enact-
ment of this Act, and every 6 months thereafter, the head 
of each Federal law enforcement agency shall submit to 
the Attorney General the information described in sub-
section (b). 
(d) STATE AND LOCAL LAW ENFORCEMENT AGENCY 
REPORTING REQUIREMENTS.—Beginning in the first fis-
cal year that begins after the date that is one year after 
the date of enactment of this Act and each fiscal year 
thereafter in which a State receives funds under the Byrne 
grant program, the State shall, once every 180 days, sub-
mit to the Attorney General the information described in 
subsection (b) for the State and each local law enforce-
ment agency within the State. 
(e) PUBLIC AVAILABILITY OF REGISTRY.— 
(1) IN GENERAL.—In establishing the Registry 
required under subsection (a), the Attorney General 
shall make the Registry available to the public on an 
internet website of the Attorney General in a man-
ner that allows members of the public to search for 
an individual law enforcement officer’s records of 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
misconduct, as described in subsection (b), involving 
a use of force or racial profiling. 
(2) PRIVACY
PROTECTIONS.—Nothing in this 
subsection shall be construed to supersede the re-
quirements or limitations under section 552a of title 
5, United States Code (commonly known as the 
‘‘Privacy Act of 1974’’). 
SEC. 202. CERTIFICATION REQUIREMENTS FOR HIRING OF 
LAW ENFORCEMENT OFFICERS. 
(a) IN GENERAL.— Beginning in the first fiscal year 
that begins after the date that is one year after the date 
of the enactment of this Act, a State or unit of local gov-
ernment, other than an Indian Tribe, may not receive 
funds under the Byrne grant program for that fiscal year 
if, on the day before the first day of the fiscal year, the 
State or unit of local government has not— 
(1) submitted to the Attorney General evidence 
that the State or unit of local government has a cer-
tification and decertification program for purposes 
of employment as a law enforcement officer in that 
State or unit of local government that is consistent 
with the rules made under subsection (c); and 
(2) submitted to the National Police Mis-
conduct Registry established under section 201 
records demonstrating that all law enforcement offi-
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
cers of the State or unit of local government have 
completed all State certification requirements during 
the 1-year period preceding the fiscal year. 
(b) AVAILABILITY OF INFORMATION.—The Attorney 
General shall make available to law enforcement agencies 
all information in the registry under section 201 for pur-
poses of compliance with the certification and decertifica-
tion programs described in subsection (a)(1) and consid-
ering applications for employment. 
(c) RULES.—The Attorney General shall make rules 
to carry out this section and section 201, including uni-
form reporting standards. 
Subtitle B—PRIDE Act 
SEC. 221. SHORT TITLE. 
This subtitle may be cited as the ‘‘Police Reporting 
Information, Data, and Evidence Act of 2021’’ or the 
‘‘PRIDE Act of 2021’’. 
SEC. 222. DEFINITIONS. 
In this subtitle: 
(1) LOCAL EDUCATIONAL AGENCY.—The term 
‘‘local educational agency’’ has the meaning given 
the term in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801). 
(2) LOCAL LAW ENFORCEMENT OFFICER.—The 
term ‘‘local law enforcement officer’’ has the mean-
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
ing given the term in section 2, and includes a 
school resource officer. 
(3) SCHOOL.—The term ‘‘school’’ means an ele-
mentary school or secondary school (as those terms 
are defined in section 8101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
7801)). 
(4) SCHOOL
RESOURCE
OFFICER.—The term 
‘‘school resource officer’’ means a sworn law enforce-
ment officer who is— 
(A) assigned by the employing law enforce-
ment agency to a local educational agency or 
school; 
(B) contracting with a local educational 
agency or school; or 
(C) employed by a local educational agency 
or school. 
SEC. 223. USE OF FORCE REPORTING. 
(a) REPORTING REQUIREMENTS.— 
(1) 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 and each fiscal 
year thereafter in which a State or Indian Tribe re-
ceives funds under a Byrne grant program, the 
State or Indian Tribe shall— 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(A) report to the Attorney General, on a 
quarterly basis and pursuant to guidelines es-
tablished by the Attorney General, information 
regarding— 
(i) any incident involving the use of 
deadly force against a civilian by— 
(I) a local law enforcement offi-
cer who is employed by the State or 
by a unit of local government in the 
State; or 
(II) a tribal law enforcement offi-
cer who is employed by the Indian 
Tribe; 
(ii) any incident involving the shooting 
of a local law enforcement officer or tribal 
law enforcement officer described in clause 
(i) by a civilian; 
(iii) any incident involving the death 
or arrest of a local law enforcement officer 
or tribal law enforcement officer; 
(iv) any incident during which use of 
force by or against a local law enforcement 
officer or tribal law enforcement officer de-
scribed in clause (i) occurs, which is not 
reported under clause (i), (ii), or (iii); 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(v) deaths in custody; and 
(vi) uses of force in arrests and book-
ing; 
(B) establish a system and a set of policies 
to ensure that all use of force incidents are re-
ported by local law enforcement officers or trib-
al law enforcement officers; and 
(C) submit to the Attorney General a plan 
for the collection of data required to be re-
ported under this section, including any modi-
fications to a previously submitted data collec-
tion plan. 
(2) REPORT INFORMATION REQUIRED.— 
(A) IN
GENERAL.—The report required 
under paragraph (1)(A) shall contain informa-
tion that includes, at a minimum— 
(i) the national origin, sex, race, eth-
nicity, age, disability, English language 
proficiency, and housing status of each ci-
vilian against whom a local law enforce-
ment officer or tribal law enforcement offi-
cer used force; 
(ii) the date, time, and location, in-
cluding whether it was on school grounds, 
and the zip code, of the incident and 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
whether the jurisdiction in which the inci-
dent occurred allows for the open-carry or 
concealed-carry of a firearm; 
(iii) whether the civilian was armed, 
and, if so, the type of weapon the civilian 
had; 
(iv) the type of force used against the 
officer, the civilian, or both, including the 
types of weapons used; 
(v) the reason force was used; 
(vi) a description of any injuries sus-
tained as a result of the incident; 
(vii) the number of officers involved in 
the incident; 
(viii) the number of civilians involved 
in the incident; and 
(ix) a brief description regarding the 
circumstances surrounding the incident, 
which shall include information on— 
(I) the type of force used by all 
involved persons; 
(II) the legitimate police objective 
necessitating the use of force; 
(III) the resistance encountered 
by each local law enforcement officer 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
or tribal law enforcement officer in-
volved in the incident; 
(IV) the efforts by local law en-
forcement officers or tribal law en-
forcement officers to— 
(aa) de-escalate the situation 
in order to avoid the use of force; 
or 
(bb) minimize the level of 
force used; and 
(V) if applicable, the reason why 
efforts described in subclause (IV) 
were not attempted. 
(B) INCIDENTS REPORTED UNDER DEATH 
IN CUSTODY REPORTING ACT.—A State or In-
dian Tribe is not required to include in a report 
under subsection (a)(1) an incident reported by 
the State or Indian Tribe in accordance with 
section 20104(a)(2) of the Violent Crime Con-
trol and Law Enforcement Act of 1994 (34 
U.S.C. 12104(a)(2)). 
(C) RETENTION OF DATA.—Each law en-
forcement agency required to report data under 
this section shall maintain records relating to 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
any matter so reportable for not less than 4 
years after those records are created. 
(3) AUDIT OF USE-OF-FORCE REPORTING.—Not 
later than 1 year after the date of enactment of this 
Act, and each year thereafter, each State or Indian 
Tribe described in paragraph (1) shall— 
(A) conduct an audit of the use of force in-
cident reporting system required to be estab-
lished under paragraph (1)(B); and 
(B) submit a report to the Attorney Gen-
eral on the audit conducted under subpara-
graph (A). 
(4) COMPLIANCE PROCEDURE.—Prior to sub-
mitting a report under paragraph (1)(A), the State 
or Indian Tribe submitting such report shall com-
pare the information compiled to be reported pursu-
ant to clause (i) of paragraph (1)(A) to publicly 
available sources, and shall revise such report to in-
clude any incident determined to be missing from 
the report based on such comparison. Failure to 
comply with the procedures described in the previous 
sentence shall be considered a failure to comply with 
the requirements of this section. 
(b) INELIGIBILITY FOR FUNDS.— 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(1) IN GENERAL.—For any fiscal year in which 
a State or Indian Tribe fails to comply with this sec-
tion, the State or Indian Tribe, at the discretion of 
the Attorney General, shall be subject to not more 
than a 10-percent reduction of the funds that would 
otherwise be allocated for that fiscal year to the 
State or Indian Tribe under a Byrne grant program. 
(2) REALLOCATION.—Amounts not allocated 
under a Byrne grant program in accordance with 
paragraph (1) to a State for failure to comply with 
this section shall be reallocated under the Byrne 
grant program to States that have not failed to com-
ply with this section. 
(3) INFORMATION
REGARDING
SCHOOL
RE-
SOURCE OFFICERS.—The State or Indian Tribe shall 
ensure that all schools and local educational agencies 
within the jurisdiction of the State or Indian Tribe 
provide the State or Indian Tribe with the informa-
tion needed regarding school resource officers to 
comply with this section. 
(c) PUBLIC AVAILABILITY OF DATA.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, and each year 
thereafter, the Attorney General shall publish, and 
make available to the public, a report containing the 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
data reported to the Attorney General under this 
section. 
(2) PRIVACY
PROTECTIONS.—Nothing in this 
subsection shall be construed to supersede the re-
quirements or limitations under section 552a of title 
5, United States Code (commonly known as the 
‘‘Privacy Act of 1974’’). 
(d) GUIDANCE.—Not later than 180 days after the 
date of enactment of this Act, the Attorney General, in 
coordination with the Director of the Federal Bureau of 
Investigation, shall issue guidance on best practices relat-
ing to establishing standard data collection systems that 
capture the information required to be reported under sub-
section (a)(2), which shall include standard and consistent 
definitions for terms. 
SEC. 224. USE OF FORCE DATA REPORTING. 
(a) TECHNICAL
ASSISTANCE
GRANTS
AUTHOR-
IZED.—The Attorney General may make grants to eligible 
law enforcement agencies to be used for the activities de-
scribed in subsection (c). 
(b) ELIGIBILITY.—In order to be eligible to receive 
a grant under this section a law enforcement agency 
shall— 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(1) be a tribal law enforcement agency or be lo-
cated in a State that receives funds under a Byrne 
grant program; 
(2) employ not more that 100 local or tribal law 
enforcement officers; 
(3) demonstrate that the use of force policy for 
local law enforcement officers or tribal law enforce-
ment officers employed by the law enforcement agen-
cy is publicly available; and 
(4) establish and maintain a complaint system 
that— 
(A) may be used by members of the public 
to report incidents of use of force to the law en-
forcement agency; 
(B) makes all information collected pub-
licly searchable and available; and 
(C) provides information on the status of 
an investigation related to a use of force com-
plaint. 
(c) ACTIVITIES DESCRIBED.—A grant made under 
this section may be used by a law enforcement agency 
for— 
(1) the cost of assisting the State or Indian 
Tribe in which the law enforcement agency is located 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
in complying with the reporting requirements de-
scribed in section 223; 
(2) the cost of establishing necessary systems 
required to investigate and report incidents as re-
quired under subsection (b)(4); 
(3) public awareness campaigns designed to 
gain information from the public on use of force by 
or against local and tribal law enforcement officers, 
including shootings, which may include tip lines, hot-
lines, and public service announcements; and 
(4) use of force training for law enforcement 
agencies and personnel, including training on de-es-
calation, implicit bias, crisis intervention techniques, 
and adolescent development. 
SEC. 225. COMPLIANCE WITH REPORTING REQUIREMENTS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, and each year thereafter, 
the Attorney General shall conduct an audit and review 
of the information provided under this subtitle to deter-
mine whether each State or Indian Tribe described in sec-
tion 223(a)(1) is in compliance with the requirements of 
this subtitle. 
(b) CONSISTENCY IN DATA REPORTING.— 
(1) IN
GENERAL.—Any data reported under 
this subtitle shall be collected and reported— 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(A) in a manner consistent with existing 
programs of the Department of Justice that 
collect data on local law enforcement officer en-
counters with civilians; and 
(B) in a manner consistent with civil rights 
laws for distribution of information to the pub-
lic. 
(2) GUIDELINES.—Not later than 1 year after 
the date of enactment of this Act, the Attorney Gen-
eral shall— 
(A) issue guidelines on the reporting re-
quirement under section 223; and 
(B) seek public comment before finalizing 
the guidelines required under subparagraph 
(A). 
SEC. 226. FEDERAL LAW ENFORCEMENT REPORTING. 
The head of each Federal law enforcement agency 
shall submit to the Attorney General, on a quarterly basis 
and pursuant to guidelines established by the Attorney 
General, the information required to be reported by a 
State or Indian Tribe under section 223. 
SEC. 227. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Attor-
ney General such sums as are necessary to carry out this 
subtitle. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
TITLE III—IMPROVING POLICE 
TRAINING AND POLICIES 
Subtitle A—End Racial and 
Religious Profiling Act 
SEC. 301. SHORT TITLE. 
This subtitle may be cited as the ‘‘End Racial and 
Religious Profiling Act of 2021’’ or ‘‘ERRPA’’. 
SEC. 302. DEFINITIONS. 
In this subtitle: 
(1) COVERED
PROGRAM.—The term ‘‘covered 
program’’ means any program or activity funded in 
whole or in part with funds made available under— 
(A) a Byrne grant program; and 
(B) the COPS grant program, except that 
no program, project, or other activity specified 
in section 1701(b)(13) of part Q of title I of the 
Omnibus Crime Control and Safe Streets Act of 
1968 (34 U.S.C. 10381 et seq.) shall be a cov-
ered program under this paragraph. 
(2) GOVERNMENTAL BODY.—The term ‘‘govern-
mental body’’ means any department, agency, special 
purpose district, or other instrumentality of Federal, 
State, local, or Indian Tribal government. 
(3) HIT RATE.—The term ‘‘hit rate’’ means the 
percentage of stops and searches in which a law en-
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
forcement agent finds drugs, a gun, or something 
else that leads to an arrest. The hit rate is cal-
culated by dividing the total number of searches by 
the number of searches that yield contraband. The 
hit rate is complementary to the rate of false stops. 
(4) LAW
ENFORCEMENT
AGENCY.—The term 
‘‘law enforcement agency’’ means any Federal, 
State, or local public agency engaged in the preven-
tion, detection, or investigation of violations of crimi-
nal, immigration, or customs laws. 
(5) LAW
ENFORCEMENT
AGENT.—The term 
‘‘law enforcement agent’’ means any Federal, State, 
or local official responsible for enforcing criminal, 
immigration, or customs laws, including police offi-
cers and other agents of a law enforcement agency. 
(6) RACIAL PROFILING.— 
(A) IN
GENERAL.—The term ‘‘racial 
profiling’’ means the practice of a law enforce-
ment agent or agency relying, to any degree, on 
actual or perceived race, ethnicity, national ori-
gin, religion, gender, gender identity, or sexual 
orientation in selecting which individual to sub-
ject to routine or spontaneous investigatory ac-
tivities or in deciding upon the scope and sub-
stance of law enforcement activity following the 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
initial investigatory procedure, except when 
there is trustworthy information, relevant to the 
locality and timeframe, that links a person with 
a particular characteristic described in this 
paragraph to an identified criminal incident or 
scheme. 
(B) EXCEPTION.—For purposes of sub-
paragraph (A), a tribal law enforcement officer 
exercising law enforcement authority within In-
dian country, as that term is defined in section 
1151 of title 18, United States Code, is not 
considered to be racial profiling with respect to 
making key jurisdictional determinations that 
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. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(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-
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. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
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 
individuals with a particular characteristic described in 
section 302(6) shall constitute prima facie evidence of a 
violation of this part. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(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. The term ‘‘prevailing plaintiff’’ means a plaintiff that 
substantially prevails pursuant to a judicial or administra-
tive judgment or order, or an enforceable written agree-
ment. 
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; 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(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 or a 
unit of local government for funding under a covered pro-
gram shall include a certification that such State, unit of 
local government, 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— 
(1) a prohibition on racial profiling; 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(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 
procedures and programs provide an appropriate re-
sponse to allegations of racial profiling by law en-
forcement agents or agencies. 
(2) 
GUIDELINES.—The 
regulations 
issued 
under paragraph (1) shall contain guidelines that 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
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 
on the hit rates for stops and searches by law en-
forcement agencies. The data collected shall be 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
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. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(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 2021.’’. 
(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) 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
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, 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
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 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
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— 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(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 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
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 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
(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 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
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-
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
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: 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(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 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
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’’. 
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
105 
(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-
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS
127 
‘‘(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-
VerDate Sep 11 2014 
01:31 Feb 26, 2021
Jkt 019200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H1280.IH
H1280
pamtmann on DSKBC07HB2PROD with BILLS