Title: To provide funding to law enforcement agencies, and for other purposes.
Policy area: Crime and Law Enforcement

Summary:
This bill expands activities to reduce the use of excessive force by law enforcement officers, including by providing funding for grants to expand the use of body-worn cameras and to develop training programs.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8088 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 8088

To provide funding to law enforcement agencies, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 22, 2020

 Mr. Stauber introduced the following bill; which was referred to the 
  Committee on the Judiciary, and in addition to the Committee on the 
 Budget, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To provide funding to law enforcement agencies, and for other purposes.

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

SECTION 1. BODY-WORN CAMERA PARTNERSHIP GRANT PROGRAM.

     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.) is amended by adding 
at the end the following:

``SEC. 509. BODY-WORN CAMERA PARTNERSHIP GRANT PROGRAM.

    ``(a) Definitions.--In this section--
            ``(1) the term `covered government' means a State, unit of 
        local government, or Indian Tribe;
            ``(2) the term `Director' means the Director of the Bureau 
        of Justice Assistance; and
            ``(3) the term `unit of local government', notwithstanding 
        section 901, does not include an Indian Tribe.
    ``(b) Authorization of Grants.--The Director may make grants to 
eligible covered governments for use by the covered government for--
            ``(1) the purchase of body-worn cameras;
            ``(2) necessary initial supportive technological 
        infrastructure for body-worn cameras for law enforcement 
        officers in the jurisdiction of the grantee;
            ``(3) the development of policies and procedures relating 
        to the use of body-worn cameras;
            ``(4) training on the use of body-worn cameras;
            ``(5) the storage, retention, viewing, auditing, and 
        release of footage from body-worn cameras; and
            ``(6) personnel, including law enforcement, prosecution, 
        and criminal defense personnel, to support the administration 
        of the body-worn camera program of the covered government.
    ``(c) Eligibility.--
            ``(1) Application.--For a covered government to be eligible 
        to receive a grant under this section, the chief executive 
        officer of the covered government shall submit to the Director 
        an application in such form and containing such information as 
        the Director may require.
            ``(2) Policies and procedures assurances.--The application 
        under paragraph (1) shall, as required by the Director, provide 
        assurances that the covered government will establish policies 
        and procedures in accordance with subsection (d).
    ``(d) Required Policies and Procedures.--
            ``(1) In general.--A covered government receiving a grant 
        under this section shall develop policies and procedures 
        related to the use of body-worn cameras that--
                    ``(A) are developed with community input, including 
                from prosecutors and organizations representing crime 
                victims, in accordance with recognized best practices;
                    ``(B) require that a body-worn camera be activated 
                when a law enforcement officer arrests or detains any 
                person in the course of the official duties of the 
                officer, with consideration to sensitive cases;
                    ``(C) apply discipline to any law enforcement 
                officer who intentionally fails to ensure that a body-
                worn camera is engaged, functional, and properly 
                secured at all times during which the camera is 
                required to be worn;
                    ``(D) require training for--
                            ``(i) the proper use of body-worn cameras; 
                        and
                            ``(ii) the handling and use of the obtained 
                        video and audio recordings;
                    ``(E) provide clear standards for privacy, data 
                retention, and use for evidentiary purposes in a 
                criminal proceeding, including in the case of an 
                assault on a law enforcement officer; and
                    ``(F) make footage available to the public in 
                response to a valid request under an applicable freedom 
                of information law if the footage can be made 
                available--
                            ``(i) without compromising an ongoing 
                        investigation or revealing the identity of 
                        third parties, including victims, informants, 
                        or witnesses; and
                            ``(ii) with consideration given to the 
                        rights of victims and surviving family members.
            ``(2) Publication.--A covered government receiving a grant 
        under this section shall make all policies and procedures 
        regarding body-worn cameras available on a public website.
            ``(3) Guidance.--The Director shall issue guidance to 
        covered governments related to the requirements under paragraph 
        (1).
    ``(e) Grant Amounts.--
            ``(1) Minimum amount.--
                    ``(A) In general.--Each fiscal year, unless the 
                Director has awarded a fully funded grant for each 
                eligible application submitted by a State and any units 
                of local government within the State under this section 
                for the fiscal year, the Director shall allocate to the 
                State and units of local government within the State 
                for grants under this section an aggregate amount that 
                is not less than 0.5 percent of the total amount 
                appropriated for the fiscal year for grants under this 
                section.
                    ``(B) Certain territories.--For purposes of the 
                Virgin Islands, American Samoa, Guam, and the Northern 
                Mariana Islands, subparagraph (A) shall be applied by 
                substituting `0.25 percent' for `0.5 percent'.
            ``(2) Maximum amount.--
                    ``(A) Amount per covered government.--A covered 
                government may not receive a grant under this section 
                for a fiscal year in an amount that is greater than 5 
                percent of the total amount appropriated for grants 
                under this section for the fiscal year.
                    ``(B) Aggregate amount per state.--A State and each 
                covered government within the State may not receive 
                grants under this section for a fiscal year in an 
                aggregate amount that is more than 20 percent of the 
                total amount appropriated for grants under this section 
                for the fiscal year.
    ``(f) Matching Funds.--The portion of the costs of a body-worn 
camera program provided by a grant under this section--
            ``(1) may not exceed 50 percent; and
            ``(2) subject to subsection (e)(2), shall equal 50 percent 
        if the grant is to a unit of local government with fewer than 
        100,000 residents.
    ``(g) Supplement, Not Supplant.--Funds made available under this 
section shall not be used to supplant covered government funds, but 
shall be used to increase the amount of funds that would, in the 
absence of Federal funds, be made available from covered government 
sources for the purposes of this section.
    ``(h) Reports to the Director.--A covered government that receives 
a grant under this section shall submit to the Director, for each year 
in which funds from a grant received under this section are expended, a 
report at such time and in such manner as the Director may reasonably 
require, that contains--
            ``(1) a summary of the activities carried out under the 
        grant and an assessment of whether the activities are meeting 
        the needs identified in the grant application; and
            ``(2) such other information as the Director may require.
    ``(i) Reports to Congress.--Not later than 90 days after the end of 
a fiscal year for which grants are made under this section, the 
Director shall submit to Congress a report that includes--
            ``(1) the aggregate amount of grants made under this 
        section to each covered government for the fiscal year;
            ``(2) a summary of the information provided by covered 
        governments receiving grants under this section; and
            ``(3) a description of the priorities and plan for awarding 
        grants among eligible covered governments, and how the plan 
        will ensure the effective use of body-worn cameras to protect 
        public safety.
    ``(j) Direct Appropriations.--For the purpose of making grants 
under this section there is authorized to be appropriated, and there is 
appropriated, out of amounts in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2020, 
$500,000,000, to remain available until expended.''.

SEC. 2. PENALTIES FOR FAILURE TO USE BODY-WORN CAMERAS.

    (a) Definition.--In this section, the term ``covered provision'' 
means--
            (1) section 509 of title I of the Omnibus Crime Control and 
        Safe Streets Act of 1968, as added by section 201; and
            (2) any other provision of law that makes funds available 
        for the purchase of body-worn cameras.
    (b) Requirement.--
            (1) States.--A State that receives funds under a covered 
        provision shall--
                    (A) have a policy in place to apply discipline to 
                any law enforcement officer who intentionally fails to 
                ensure that a body-worn camera purchased using those 
                funds is engaged, functional, and properly secured at 
                all times during which the camera is required to be 
                worn; and
                    (B) ensure that any entity to which the State 
                awards a subgrant under the covered provision has a 
                policy in place to apply discipline to any law 
                enforcement officer who intentionally fails to ensure 
                that a body-worn camera purchased using those funds is 
                engaged, functional, and properly secured at all times 
                during which the camera is required to be worn.
            (2) Other entities.--An entity other than a State that 
        receives funds under a covered provision shall have a policy in 
        place to apply discipline to any law enforcement officer who 
        intentionally fails to ensure that a body-worn camera purchased 
        using those funds is engaged, functional, and properly secured 
        at all times during which the camera is required to be worn.
    (c) Compliance.--
            (1) Ineligibility for funds.--
                    (A) First fiscal year.--
                            (i) States.--For the first fiscal year 
                        beginning after the date of enactment of this 
                        Act in which a State fails to comply with 
                        subsection (b)(1), the State shall be subject 
                        to a 20-percent reduction of the funds that 
                        would otherwise be provided to the State under 
                        the applicable covered provision for that 
                        fiscal year.
                            (ii) Other entities.--For the first fiscal 
                        year beginning after the date of enactment of 
                        this Act in which an entity other than a State 
                        fails to comply with subsection (b)(2), the 
                        entity shall be subject to a 20-percent 
                        reduction of the funds that would otherwise be 
                        allocated to the entity under the applicable 
                        covered provision for that fiscal year.
                    (B) Subsequent fiscal years.--
                            (i) States.--Beginning in the first fiscal 
                        year beginning after the first fiscal year 
                        described in subparagraph (A)(i) in which a 
                        State fails to comply with subsection (b), the 
                        percentage by which the funds described in 
                        subparagraph (A)(i) are reduced shall be 
                        increased by 5 percent each fiscal year the 
                        State fails to comply with subsection (b), 
                        except that such reduction shall not exceed 25 
                        percent in any fiscal year.
                            (ii) Other entities.--Beginning in the 
                        first fiscal year beginning after the first 
                        fiscal year described in subparagraph (A)(i) in 
                        which a an entity other than a State fails to 
                        comply with subsection (b), the percentage by 
                        which the funds described in subparagraph 
                        (A)(ii) are reduced shall be increased by 5 
                        percent each fiscal year the entity fails to 
                        comply with subsection (b), except that such 
                        reduction shall not exceed 25 percent in any 
                        fiscal year.
            (2) Reallocation.--Amounts not allocated under covered 
        provision to a State or other entity for failure to comply with 
        subsection (b) shall be reallocated under the covered provision 
        to States or other entities that have complied with subsection 
        (b).

SEC. 3. TRAINING ON ALTERNATIVES TO USE OF FORCE, DE-ESCALATION, AND 
              BEHAVIORAL HEALTH CRISES.

    (a) Definitions.--Section 901(a) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 U.S.C. 10251(a)) is amended--
            (1) in paragraph (27), by striking ``and'' at the end;
            (2) in paragraph (28), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(29) the term `de-escalation' means taking action or 
        communicating verbally or non-verbally during a potential force 
        encounter in an attempt to stabilize the situation and reduce 
        the immediacy of the threat so that more time, options, and 
        resources can be called upon to resolve the situation without 
        the use of force or with a reduction in the force necessary; 
        and
            ``(30) the term `behavioral health crisis' means a 
        situation in which the behavior of a person puts the person at 
        risk of hurting himself or herself or others or prevents the 
        person from being able to care for himself or herself or 
        function effectively in the community, including a situation in 
        which a person is under the influence of a drug or alcohol, is 
        suicidal, or experiences symptoms of a mental illness.''.
    (b) COPS Program.--Section 1701 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 U.S.C. 10381) is amended by 
adding at the end the following:
    ``(n) Training in Alternatives to Use of Force, De-Escalation 
Techniques, and Behavioral Health Crises.--
            ``(1) Training curricula.--The Attorney General, in 
        consultation with relevant law enforcement agencies of States 
        and units of local government, labor organizations, 
        professional law enforcement organizations, and mental health 
        organizations, shall develop training curricula in--
                    ``(A) alternatives to use of force and de-
                escalation tactics; and
                    ``(B) safely responding to a person experiencing a 
                behavioral health crisis, including techniques and 
                strategies that are designed to protect the safety of 
                the person experiencing the behavioral health crisis, 
                law enforcement officers, and the public.
            ``(2) Certified programs.--The Attorney General shall 
        establish a process to certify public and private entities that 
        offer courses in alternatives to use of force, de-escalation 
        tactics, and techniques and strategies for responding to a 
        behavioral health crisis using the training curricula 
        established under paragraph (1) or equivalents to the training 
        curricula established under paragraph (1).
            ``(3) Transitional regional training programs for state and 
        local agency personnel.--Until the end of fiscal year 2023, the 
        Attorney General shall, and thereafter may, provide regional 
        training to equip and certify personnel from law enforcement 
        agencies of States and units of local government in a State to 
        conduct training using the training curricula established under 
        paragraph (1).
            ``(4) List.--The Attorney General shall publish a list of 
        law enforcement agencies of States and units of local 
        government that employ officers who have successfully completed 
        a course described under paragraph (2) or (3), which shall 
        include--
                    ``(A) the total number of law enforcement officers 
                employed by the agency;
                    ``(B) the number of officers who have completed the 
                course; and
                    ``(C) whether personnel from the law enforcement 
                agency are certified to conduct training.
            ``(5) Direct appropriations.--For the purpose of making 
        grants under this subsection there is authorized to be 
        appropriated, and there is appropriated, out of amounts in the 
        Treasury not otherwise appropriated, for the fiscal year ending 
        September 30, 2020, $100,000,000, to remain available until 
        expended.''.
    (c) Byrne JAG Program.--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.) is amended--
            (1) by redesignating section 508 as section 511; and
            (2) by inserting after section 507 the following:

``SEC. 508. LAW ENFORCEMENT TRAINING PROGRAMS.

    ``(a) Definitions.--In this section--
            ``(1) the term `approved course in alternatives to use of 
        force, de-escalation tactics, or techniques and strategies for 
        responding to a behavioral health crisis' means a course using 
        the training curricula established under section 1701(n)(1) or 
        equivalents to such training curricula--
                    ``(A) provided by the Attorney General under 
                section 1701(n)(3); or
                    ``(B) provided by a certified entity; and
            ``(2) the term `certified entity' means a public or private 
        entity that has been certified by the Attorney General under 
        section 1701(n)(2).
    ``(b) Authority.--The Attorney General shall, from amounts made 
available for this purpose under subsection (e), make grants to States 
for use by the State or a unit of government located in the State to--
            ``(1) pay for costs associated with conducting the training 
        and for attendance by law enforcement personnel at an approved 
        course in alternatives to use of force, de-escalation tactics, 
        or techniques and strategies for responding to a behavioral 
        health crisis; and
            ``(2) procure training in alternatives to use of force, de-
        escalation tactics, or techniques and strategies for responding 
        to a behavioral health crisis from a certified entity.
    ``(c) Allocation of Funds.--
            ``(1) In general.--Of the total amount appropriated to 
        carry out this section for a fiscal year, the Attorney General 
        shall allocate funds to each State in proportion to the total 
        number of law enforcement officers in the State as compared to 
        the total number of law enforcement officers in the United 
        States.
            ``(2) Training for state law enforcement officers.--Each 
        State may retain from the total amount of funds provided to the 
        State for the purposes described in this section an amount that 
        is not more than the amount that bears the same ratio to the 
        total amount of funds as the ratio of--
                    ``(A) the total number of law enforcement officers 
                employed by the State; to
                    ``(B) the total number of law enforcement officers 
                employed by the State and units of local government 
                within the State.
            ``(3) Training for local law enforcement officers.--A State 
        shall make available to units of local government in the State 
        for the purposes described in this section the amounts 
        remaining after a State retains funds under paragraph (2). At 
        the request of a unit of local government, the State may use an 
        amount of the funds allocated to the unit of local government 
        under this paragraph to facilitate training in alternatives to 
        use of force, de-escalation tactics, or techniques and 
        strategies for responding to a behavioral health crisis to law 
        enforcement officers employed by the unit of local government.
    ``(d) Reporting.--
            ``(1) Units of local government.--Any unit of local 
        government that receives funds from a State under subsection 
        (c)(3) shall submit to the State a report indicating--
                    ``(A) the number of law enforcement officers that 
                have completed training described in this section;
                    ``(B) the total number of law enforcement officers 
                employed by the unit of local government; and
                    ``(C) any barriers to providing the training.
            ``(2) States.--Any State that receives funds under 
        subsection (c)(2) shall, after receiving the reports described 
        in paragraph (1), submit to the Attorney General--
                    ``(A) such reports; and
                    ``(B) a report by the State indicating--
                            ``(i) the number of law enforcement 
                        officers employed by the State that have 
                        completed training described in this section;
                            ``(ii) the total number of law enforcement 
                        officers employed by the State; and
                            ``(iii) any barriers to providing the 
                        training.
    ``(e) Direct Appropriations.--For the purpose of making grants 
under this section there is authorized to be appropriated, and there is 
appropriated, out of amounts in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2020, 
$250,000,000, to remain available until expended.''.

SEC. 4. TRAINING ON DUTY TO INTERVENE.

    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.), as amended by 
section 201, is amended by adding at the end the following:

``SEC. 510. TRAINING ON DUTY TO INTERVENE.

    ``(a) Training Program.--
            ``(1) In general.--The Attorney General, in consultation 
        with relevant law enforcement agencies of States and units of 
        local governments and organizations representing rank and file 
        law enforcement officers, shall develop a training curriculum 
        for law enforcement agencies and officers on the development, 
        implementation, fulfillment, and enforcement of a duty of a law 
        enforcement officer to intervene when another law enforcement 
        officer is engaged in excessive use of force.
            ``(2) Certified programs.--The Attorney General shall 
        establish a process to certify public and private entities that 
        offer courses on the duty to intervene that are equivalent to 
        the training curriculum established under paragraph (1).
            ``(3) Transitional regional training programs.--Until the 
        end of fiscal year 2023, the Attorney General shall provide 
        regional training workshops for law enforcement officers of 
        States and units of local government, using the training 
        curriculum established under paragraph (1).
            ``(4) List.--The Attorney General shall publish a list of 
        law enforcement agencies of States and units of local 
        government that employ officers who have successfully completed 
        a course described under paragraph (2) or (3), which shall 
        include the total number of law enforcement officers employed 
        by the agency and the number of officers who have completed the 
        course.
    ``(b) Grant Program.--
            ``(1) Authorization.--The Attorney General may make grants 
        to State and local law enforcement agencies to--
                    ``(A) pay for costs associated with attendance by 
                law enforcement personnel at a training course approved 
                by the Attorney General under paragraph (2) or (3) of 
                subsection (a); and
                    ``(B) procure training in the duty to intervene 
                from a public or private entity certified under 
                subsection (a)(2).
            ``(2) Application.--Each State or local law enforcement 
        agency seeking a grant under this subsection shall submit an 
        application to the Attorney General at such time, in such 
        manner, and containing such information as the Attorney General 
        may require.
    ``(c) Direct Appropriations.--For the purpose of making grants 
under this section, there is authorized to be appropriated, and there 
is appropriated, out of amounts in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2020, 
$500,000,000, to remain available until expended.''.

SEC. 5. REAUTHORIZATION OF LAW ENFORCEMENT GRANT PROGRAMS.

    (a) Edward Byrne Memorial Justice Assistance Grant Program.--
Section 511 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (Public Law 90-351; 82 Stat. 197), as so redesignated by 
this Act, is amended by striking ``this subpart $1,095,000,000 for each 
of the fiscal years 2006 through 2012'' and inserting ``this subpart, 
including sections 508, 509, and 510, $800,000,000 for each of fiscal 
years 2021 through 2025''.
    (b) Reauthorization of COPS on the Beat Grant Program.--Section 
1001(a)(11)(A) of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (34 U.S.C. 10261(a)(11)(A)) is amended by striking ``part 
Q, to remain available until expended $1,047,119,000 for each of fiscal 
years 2006 through 2009'' and inserting ``part Q, including section 
1701(n), to remain available until expended $400,000,000 for each of 
fiscal years 2021 through 2025''.

SEC. 6. EMERGENCY DESIGNATION.

    (a) In General.--The amounts provided under this Act, or an 
amendment made by this Act, are designated as an emergency requirement 
pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 
U.S.C. 933(g)).
    (b) Designation in Senate.--In the Senate, this Act, and the 
amendments made by this Act, is designated as an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
concurrent resolution on the budget for fiscal year 2018.
                                 <all>