Title: George Floyd Justice in Policing Act of 2021
Policy area: Crime and Law Enforcement

Summary:
George Floyd Justice in Policing Act of 2021
This bill addresses a wide range of policies and issues regarding policing practices and law enforcement accountability. It increases accountability for law enforcement misconduct, restricts the use of certain policing practices, enhances transparency and data collection, and establishes best practices and training requirements.
The bill enhances existing enforcement mechanisms to remedy violations by law enforcement. Among other things, it does the following:
It establishes a framework to prevent and remedy racial profiling by law enforcement at the federal, state, and local levels. It also limits the unnecessary use of force and restricts the use of no-knock warrants, chokeholds, and carotid holds.
The bill creates a national registry—the National Police Misconduct Registry—to compile data on complaints and records of police misconduct. It also establishes new reporting requirements, including on the use of force, officer misconduct, and routine policing practices (e.g., stops and searches).
Finally, it directs DOJ to create uniform accreditation standards for law enforcement agencies and requires law enforcement officers to complete training on racial profiling, implicit bias, and the duty to intervene when another officer uses excessive force.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1280 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 1280

 To hold law enforcement accountable for misconduct in court, improve 
 transparency through data collection, and reform police training and 
                               policies.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 2021

  Ms. Bass (for herself, Mr. Nadler, Ms. Jackson Lee, Ms. Pelosi, Mr. 
   Hoyer, Mr. Clyburn, Ms. Clark of Massachusetts, Mr. Jeffries, Mr. 
Aguilar, Ms. Lee of California, Ms. Lofgren, Mr. Cohen, Mr. Johnson of 
Georgia, Mr. Deutch, Mr. Cicilline, Mr. Swalwell, Mr. Lieu, Mr. Raskin, 
Ms. Jayapal, Mrs. Demings, Mr. Correa, Ms. Garcia of Texas, Mr. Neguse, 
 Mrs. McBath, Mr. Stanton, Ms. Dean, Ms. Escobar, Mr. Jones, Ms. Ross, 
 Ms. Adams, Mr. Auchincloss, Ms. Barragan, Mrs. Beatty, Mr. Beyer, Mr. 
  Bishop of Georgia, Mr. Blumenauer, Ms. Bonamici, Ms. Bourdeaux, Mr. 
Bowman, Mr. Brendan F. Boyle of Pennsylvania, Mr. Brown, Ms. Brownley, 
     Mr. Butterfield, Mr. Carbajal, Mr. Cardenas, Mr. Carson, Mr. 
Cartwright, Mr. Casten, Ms. Castor of Florida, Mr. Castro of Texas, Ms. 
Clarke of New York, Mr. Cleaver, Mrs. Watson Coleman, Mr. Connolly, Mr. 
  Cooper, Mr. Courtney, Mr. Crow, Mr. Danny K. Davis of Illinois, Mr. 
 DeFazio, Ms. DeGette, Ms. DelBene, Mr. DeSaulnier, Mrs. Dingell, Mr. 
     Doggett, Mr. Michael F. Doyle of Pennsylvania, Ms. Eshoo, Mr. 
Espaillat, Mr. Evans, Ms. Leger Fernandez, Mr. Foster, Ms. Lois Frankel 
   of Florida, Ms. Fudge, Mr. Gallego, Mr. Garamendi, Mr. Garcia of 
 Illinois, Mr. Green of Texas, Ms. Haaland, Mr. Hastings, Mrs. Hayes, 
Mr. Horsford, Ms. Houlahan, Mr. Huffman, Ms. Jacobs of California, Ms. 
 Johnson of Texas, Mr. Kahele, Ms. Kelly of Illinois, Mr. Khanna, Mr. 
   Kildee, Mr. Kilmer, Mr. Kim of New Jersey, Mrs. Kirkpatrick, Mr. 
Krishnamoorthi, Ms. Kuster, Mr. Langevin, Mr. Larsen of Washington, Mr. 
Larson of Connecticut, Mrs. Lawrence, Mr. Lawson of Florida, Mr. Levin 
 of Michigan, Mr. Levin of California, Mr. Lowenthal, Mr. Malinowski, 
 Mrs. Carolyn B. Maloney of New York, Mr. Sean Patrick Maloney of New 
    York, Ms. Manning, Ms. Matsui, Ms. McCollum, Mr. McEachin, Mr. 
 McGovern, Mr. McNerney, Mr. Meeks, Ms. Meng, Mr. Mfume, Ms. Moore of 
 Wisconsin, Mr. Morelle, Mr. Moulton, Mr. Mrvan, Mrs. Napolitano, Mr. 
 Neal, Ms. Norton, Mr. O'Halleran, Ms. Omar, Mr. Pallone, Mr. Panetta, 
 Mr. Payne, Mr. Perlmutter, Mr. Peters, Ms. Pingree, Ms. Plaskett, Mr. 
 Pocan, Mr. Price of North Carolina, Miss Rice of New York, Ms. Blunt 
  Rochester, Ms. Roybal-Allard, Mr. Ruiz, Mr. Rush, Mr. Sarbanes, Ms. 
Schakowsky, Mr. Schiff, Mr. Schneider, Mr. Scott of Virginia, Mr. David 
Scott of Georgia, Ms. Sewell, Mr. Sherman, Mr. Smith of Washington, Mr. 
 Soto, Ms. Speier, Mr. Lynch, Ms. Stevens, Ms. Strickland, Mr. Suozzi, 
  Mr. Takano, Mr. Thompson of Mississippi, Ms. Titus, Ms. Tlaib, Mr. 
Tonko, Mrs. Torres of California, Mr. Torres of New York, Mrs. Trahan, 
 Mr. Trone, Ms. Underwood, Mr. Vargas, Mr. Veasey, Ms. Velazquez, Ms. 
  Wasserman Schultz, Ms. Waters, Mr. Welch, Ms. Wild, Ms. Williams of 
  Georgia, Ms. Wilson of Florida, Mr. Yarmuth, Ms. Chu, Mr. Bera, Ms. 
 DeLauro, Mr. Sires, Mr. Ruppersberger, Mr. Grijalva, Ms. Wexton, Ms. 
Kaptur, Mr. Norcross, Ms. Davids of Kansas, Mr. Allred, Mrs. Axne, Mr. 
   Higgins of New York, Ms. Newman, Mr. Thompson of California, Mr. 
 Keating, Mr. Sablan, Mr. Gomez, Mr. Ryan, and Mr. Delgado) introduced 
    the following bill; which was referred to the Committee on the 
  Judiciary, and in addition to the Committees on Armed Services, and 
Energy and Commerce, 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 hold law enforcement accountable for misconduct in court, improve 
 transparency through data collection, and reform police training and 
                               policies.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``George Floyd 
Justice in Policing Act of 2021''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                     TITLE I--POLICE ACCOUNTABILITY

          Subtitle A--Holding Police Accountable in the Courts

Sec. 101. Deprivation of rights under color of law.
Sec. 102. Qualified immunity reform.
Sec. 103. Pattern and practice investigations.
Sec. 104. Independent investigations.
          Subtitle B--Law Enforcement Trust and Integrity Act

Sec. 111. Short title.
Sec. 112. Definitions.
Sec. 113. Accreditation of law enforcement agencies.
Sec. 114. Law enforcement grants.
Sec. 115. Attorney General to conduct study.
Sec. 116. Authorization of appropriations.
Sec. 117. National task force on law enforcement oversight.
Sec. 118. Federal data collection on law enforcement practices.
              TITLE II--POLICING TRANSPARENCY THROUGH DATA

            Subtitle A--National Police Misconduct Registry

Sec. 201. Establishment of National Police Misconduct Registry.
Sec. 202. Certification requirements for hiring of law enforcement 
                            officers.
                         Subtitle B--PRIDE Act

Sec. 221. Short title.
Sec. 222. Definitions.
Sec. 223. Use of force reporting.
Sec. 224. Use of force data reporting.
Sec. 225. Compliance with reporting requirements.
Sec. 226. Federal law enforcement reporting.
Sec. 227. Authorization of appropriations.
           TITLE III--IMPROVING POLICE TRAINING AND POLICIES

           Subtitle A--End Racial and Religious Profiling Act

Sec. 301. Short title.
Sec. 302. Definitions.
                Part I--Prohibition of Racial Profiling

Sec. 311. Prohibition.
Sec. 312. Enforcement.
    Part II--Programs To Eliminate Racial Profiling By Federal Law 
                          Enforcement Agencies

Sec. 321. Policies to eliminate racial profiling.
Part III--Programs To Eliminate Racial Profiling By State and Local Law 
                          Enforcement Agencies

Sec. 331. Policies required for grants.
Sec. 332. Involvement of Attorney General.
Sec. 333. Data collection demonstration project.
Sec. 334. Development of best practices.
Sec. 335. Authorization of appropriations.
                        Part IV--Data Collection

Sec. 341. Attorney General to issue regulations.
Sec. 342. Publication of data.
Sec. 343. Limitations on publication of data.
    Part V--Department of Justice Regulations and Reports on Racial 
                     Profiling in the United States

Sec. 351. Attorney General to issue regulations and reports.
                     Subtitle B--Additional Reforms

Sec. 361. Training on racial bias and duty to intervene.
Sec. 362. Ban on no-knock warrants in drug cases.
Sec. 363. Incentivizing banning of chokeholds and carotid holds.
Sec. 364. PEACE Act.
Sec. 365. Stop Militarizing Law Enforcement Act.
Sec. 366. Public safety innovation grants.
                Subtitle C--Law Enforcement Body Cameras

          Part 1--Federal Police Camera and Accountability Act

Sec. 371. Short title.
Sec. 372. Requirements for Federal law enforcement officers regarding 
                            the use of body cameras.
Sec. 373.  Patrol vehicles with in-car video recording cameras.
Sec. 374. Facial recognition technology.
Sec. 375. GAO study.
Sec. 376. Regulations.
Sec. 377. Rule of construction.
                       Part 2--Police CAMERA Act

Sec. 381. Short title.
Sec. 382. Law enforcement body-worn camera requirements.
         TITLE IV--CLOSING THE LAW ENFORCEMENT CONSENT LOOPHOLE

Sec. 401. Short title.
Sec. 402. Prohibition on engaging in sexual acts while acting under 
                            color of law.
Sec. 403. Enactment of laws penalizing engaging in sexual acts while 
                            acting under color of law.
Sec. 404. Reports to Congress.
Sec. 405. Definition.
                   TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Severability.
Sec. 502. Savings clause.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Byrne grant program.--The term ``Byrne grant program'' 
        means any grant program under subpart 1 of part E of title I of 
        the Omnibus Crime Control and Safe Streets Act of 1968 (34 
        U.S.C. 10151 et seq.), without regard to whether the funds are 
        characterized as being made available under the Edward Byrne 
        Memorial State and Local Law Enforcement Assistance Programs, 
        the Local Government Law Enforcement Block Grants Program, the 
        Edward Byrne Memorial Justice Assistance Grant Program, or 
        otherwise.
            (2) COPS grant program.--The term ``COPS grant program'' 
        means the grant program authorized under section 1701 of title 
        I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 
        U.S.C. 10381).
            (3) Federal law enforcement agency.--The term ``Federal law 
        enforcement agency'' means any agency of the United States 
        authorized to engage in or supervise the prevention, detection, 
        investigation, or prosecution of any violation of Federal 
        criminal law.
            (4) Federal law enforcement officer.--The term ``Federal 
        law enforcement officer'' has the meaning given the term in 
        section 115 of title 18, United States Code.
            (5) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 901 of title 
        I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 
        U.S.C. 10251).
            (6) Local law enforcement officer.--The term ``local law 
        enforcement officer'' means any officer, agent, or employee of 
        a State or unit of local government authorized by law or by a 
        government agency to engage in or supervise the prevention, 
        detection, or investigation of any violation of criminal law.
            (7) State.--The term ``State'' has the meaning given the 
        term in section 901 of title I of the Omnibus Crime Control and 
        Safe Streets Act of 1968 (34 U.S.C. 10251).
            (8) Tribal law enforcement officer.--The term ``tribal law 
        enforcement officer'' means any officer, agent, or employee of 
        an Indian tribe, or the Bureau of Indian Affairs, authorized by 
        law or by a government agency to engage in or supervise the 
        prevention, detection, or investigation of any violation of 
        criminal law.
            (9) Unit of local government.--The term ``unit of local 
        government'' has the meaning given the term in section 901 of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (34 U.S.C. 10251).
            (10) Deadly force.--The term ``deadly force'' means that 
        force which a reasonable person would consider likely to cause 
        death or serious bodily harm, including--
                    (A) the discharge of a firearm;
                    (B) a maneuver that restricts blood or oxygen flow 
                to the brain, including chokeholds, strangleholds, neck 
                restraints, neckholds, and carotid artery restraints; 
                and
                    (C) multiple discharges of an electronic control 
                weapon.
            (11) Use of force.--The term ``use of force'' includes--
                    (A) the use of a firearm, electronic control 
                weapon, explosive device, chemical agent (such as 
                pepper spray), baton, impact projectile, blunt 
                instrument, hand, fist, foot, canine, or vehicle 
                against an individual;
                    (B) the use of a weapon, including a personal body 
                weapon, chemical agent, impact weapon, extended range 
                impact weapon, sonic weapon, sensory weapon, conducted 
                energy device, or firearm, against an individual; or
                    (C) any intentional pointing of a firearm at an 
                individual.
            (12) Less lethal force.--The term ``less lethal force'' 
        means any degree of force that is not likely to cause death or 
        serious bodily injury.
            (13) Facial recognition.--The term ``facial recognition'' 
        means an automated or semiautomated process that analyzes 
        biometric data of an individual from video footage to identify 
        or assist in identifying an individual.

                     TITLE I--POLICE ACCOUNTABILITY

          Subtitle A--Holding Police Accountable in the Courts

SEC. 101. DEPRIVATION OF RIGHTS UNDER COLOR OF LAW.

    Section 242 of title 18, United States Code, is amended--
            (1) by striking ``willfully'' and inserting ``knowingly or 
        recklessly'';
            (2) by striking ``, or may be sentenced to death''; and
            (3) by adding at the end the following: ``For purposes of 
        this section, an act shall be considered to have resulted in 
        death if the act was a substantial factor contributing to the 
        death of the person.''.

SEC. 102. QUALIFIED IMMUNITY REFORM.

    Section 1979 of the Revised Statutes of the United States (42 
U.S.C. 1983) is amended by adding at the end the following: ``It shall 
not be a defense or immunity in any action brought under this section 
against a local law enforcement officer (as such term is defined in 
section 2 of the George Floyd Justice in Policing Act of 2021), or in 
any action under any source of law against a Federal investigative or 
law enforcement officer (as such term is defined in section 2680(h) of 
title 28, United States Code), that--
            ``(1) the defendant was acting in good faith, or that the 
        defendant believed, reasonably or otherwise, that his or her 
        conduct was lawful at the time when the conduct was committed; 
        or
            ``(2) the rights, privileges, or immunities secured by the 
        Constitution and laws were not clearly established at the time 
        of their deprivation by the defendant, or that at such time, 
        the state of the law was otherwise such that the defendant 
        could not reasonably have been expected to know whether his or 
        her conduct was lawful.''.

SEC. 103. PATTERN AND PRACTICE INVESTIGATIONS.

    (a) Subpoena Authority.--Section 210401 of the Violent Crime 
Control and Law Enforcement Act of 1994 (34 U.S.C. 12601) is amended--
            (1) in subsection (a), by inserting ``, by prosecutors,'' 
        after ``conduct by law enforcement officers'';
            (2) in subsection (b), by striking ``paragraph (1)'' and 
        inserting ``subsection (a)''; and
            (3) by adding at the end the following:
    ``(c) Subpoena Authority.--In carrying out the authority in 
subsection (b), the Attorney General may require by subpoena the 
production of all information, documents, reports, answers, records, 
accounts, papers, and other data in any medium (including 
electronically stored information), as well as any tangible thing and 
documentary evidence, and the attendance and testimony of witnesses 
necessary in the performance of the Attorney General under subsection 
(b). Such a subpoena, in the case of contumacy or refusal to obey, 
shall be enforceable by order of any appropriate district court of the 
United States.
    ``(d) Civil Action by State Attorneys General.--Whenever it shall 
appear to the attorney general of any State, or such other official as 
a State may designate, that a violation of subsection (a) has occurred 
within their State, the State attorney general or official, in the name 
of the State, may bring a civil action in the appropriate district 
court of the United States to obtain appropriate equitable and 
declaratory relief to eliminate the pattern or practice. In carrying 
out the authority in this subsection, the State attorney general or 
official shall have the same subpoena authority as is available to the 
Attorney General under subsection (c).
    ``(e) Rule of Construction.--Nothing in this section may be 
construed to limit the authority of the Attorney General under 
subsection (b) in any case in which a State attorney general has 
brought a civil action under subsection (d).
    ``(f) Reporting Requirements.--On the date that is one year after 
the enactment of the George Floyd Justice in Policing Act of 2021, and 
annually thereafter, the Civil Rights Division of the Department of 
Justice shall make publicly available on an internet website a report 
on, during the previous year--
            ``(1) the number of preliminary investigations of 
        violations of subsection (a) that were commenced;
            ``(2) the number of preliminary investigations of 
        violations of subsection (a) that were resolved; and
            ``(3) the status of any pending investigations of 
        violations of subsection (a).''.
    (b) Grant Program.--
            (1) Grants authorized.--The Attorney General may award a 
        grant to a State to assist the State in conducting pattern and 
        practice investigations under section 210401(d) of the Violent 
        Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 
        12601).
            (2) Application.--A State seeking a grant under paragraph 
        (1) shall submit an application in such form, at such time, and 
        containing such information as the Attorney General may 
        require.
            (3) Funding.--There are authorized to be appropriated 
        $100,000,000 to the Attorney General for each of fiscal years 
        2022 through 2024 to carry out this subsection.
    (c) Data on Excessive Use of Force.--Section 210402 of the Violent 
Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12602) is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``The Attorney General'' and 
                inserting the following:
            ``(1) Federal collection of data.--The Attorney General''; 
        and
                    (B) by adding at the end the following:
            ``(2) State collection of data.--The attorney general of a 
        State may, through appropriate means, acquire data about the 
        use of excessive force by law enforcement officers and such 
        data may be used by the attorney general in conducting 
        investigations under section 210401. This data may not contain 
        any information that may reveal the identity of the victim or 
        any law enforcement officer.''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) Limitation on Use of Data Acquired by the Attorney General.--
Data acquired under subsection (a)(1) shall be used only for research 
or statistical purposes and may not contain any information that may 
reveal the identity of the victim or any law enforcement officer.''.
    (d) Enforcement of Pattern or Practice Relief.--Beginning 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 that 
receives 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 bargaining 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 pattern or practice of 
        unconstitutional misconduct; or
            (2) conflicts with any terms or conditions contained 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, including 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 officers in the 
                        jurisdiction.
                            (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 assigned to 
                        investigate and prosecute the case, including a 
                        procedure under which an automatic referral is 
                        made to an independent 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 assigned to 
                        investigate and prosecute the case.
                            (v) Having law enforcement agencies agree 
                        to and implement memoranda of understanding 
                        with other law enforcement agencies under which 
                        the other law enforcement agencies--
                                    (I) shall conduct the criminal 
                                investigation into the alleged use of 
                                deadly force; and
                                    (II) upon conclusion of the 
                                criminal 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 procedure to 
                        ensure impartiality in the investigation or 
                        prosecution.
                    (B) Independent investigation of law enforcement 
                statute.--The term ``independent investigation of law 
                enforcement statute'' means a statute requiring an 
                independent investigation in a criminal matter in 
                which--
                            (i) one or more of the possible defendants 
                        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
                            (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 respect 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 investigation is 
                        employed; and
                            (ii) would not be involved in the 
                        prosecution in the ordinary course of that 
                        prosecutor's duties.
            (2) Grant program.--The Attorney General may award grants 
        to eligible States and Indian Tribes to assist in implementing 
        an independent investigation 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 Attorney General $750,000,000 for 
        fiscal years 2022 through 2024 to carry out this subsection.
    (b) COPS Grant Program Used for Civilian Review 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 adding at the end 
        the following:
            ``(8) `civilian review board' means an administrative 
        entity that investigates civilian complaints against law 
        enforcement officers and--
                    ``(A) is independent and adequately funded;
                    ``(B) has investigatory authority and subpoena 
                power;
                    ``(C) has representative community diversity;
                    ``(D) has policy making authority;
                    ``(E) provides advocates for civilian complainants;
                    ``(F) may conduct hearings; and
                    ``(G) conducts statistical studies on prevailing 
                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 
        Association 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 
        National Asian Pacific American Legal Consortium (NAPALC).
            (2) Law enforcement accreditation organization.--The term 
        ``law enforcement accreditation organization'' means a 
        professional law enforcement organization involved in the 
        development of standards of accreditation for law enforcement 
        agencies 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, Indian tribal, or campus public 
        agency engaged in the prevention, detection, investigation, 
        prosecution, or adjudication of violations of criminal laws.
            (4) Professional law enforcement association.--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 
        agencies 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 
        (NBPA), the National Latino Peace Officers Association (NLPOA), 
        the National Organization of Black Law Enforcement Executives 
        (NOBLE), Women in Law Enforcement, the Native American Law 
        Enforcement Association (NALEA), the International 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 organization.--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 
        Federal, State, regional, local, or Tribal organizations that 
        review issues or complaints against law enforcement agencies or 
        officers, such as the National Association for Civilian 
        Oversight of Law Enforcement (NACOLE).

SEC. 113. ACCREDITATION OF LAW ENFORCEMENT AGENCIES.

    (a) Standards.--
            (1) Initial analysis.--The Attorney General shall perform 
        an initial analysis of existing accreditation standards and 
        methodology developed by law enforcement accreditation 
        organizations nationwide, including national, State, regional, 
        and Tribal accreditation organizations. Such an analysis shall 
        include 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;
                            (vi) administrative due process 
                        requirements;
                            (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 accreditation of law 
                enforcement agencies in consultation with existing law 
                enforcement accreditation organizations, professional 
                law enforcement associations, labor organizations, 
                community-based organizations, and professional 
                civilian oversight organizations.
            (3) Continuing accreditation process.--The Attorney General 
        shall adopt policies and procedures to partner with law 
        enforcement accreditation organizations, professional law 
        enforcement associations, labor organizations, community-based 
        organizations, and professional civilian oversight 
        organizations to--
                    (A) continue the development of further 
                accreditation standards consistent with paragraph (2); 
                and
                    (B) encourage the pursuit of accreditation of 
                Federal, State, local, and Tribal law enforcement 
                agencies by certified law enforcement accreditation 
                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 
        organizations 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 discretionary grant funding only to States or 
units of local government 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.

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 effective management, training, recruiting, 
        hiring, and oversight standards and programs to promote 
        effective 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 Organizations.--The Attorney 
General may make grants to community-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 Federal and local law 
        enforcement agency responses.
    (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 standards for law 
        enforcement agencies, including standards relating to 
        administrative due process, residency requirements, 
        compensation and benefits, use of force, racial profiling, 
        early warning and intervention systems, youth justice, school 
        safety, civilian review 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 effective 
        standards and programs in the areas of training, hiring and 
        recruitment, and oversight that are designed to improve 
        management and address misconduct by law enforcement officers.
    (d) Components of Pilot Program.--A pilot program developed under 
subsection (c)(2) shall include implementation of the following:
            (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 prosecuting 
                authorities allegations of officer use of excessive 
                force or racial profiling;
                    (C) disproportionate contact by law enforcement 
                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
                    (I) community relations and bias awareness.
            (2) Recruitment, hiring, retention, and promotion of 
        diverse law enforcement officers.--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, promotion, 
                educational, background, and psychological 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, including the 
        establishment of civilian review boards or analogous procedures 
        for jurisdictions across a range of sizes and agency 
        configurations, complaint procedures by community-based 
        organizations, early warning systems and related intervention 
        programs, video monitoring technology, data collection and 
        transparency, and administrative due process requirements 
        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 safety that include best practices for 
        law enforcement interaction and communication with children and 
        youth, taking into consideration adolescent development and any 
        disability, including--
                    (A) the right to effective and timely notification 
                of a parent or legal guardian of any law enforcement 
                interaction, regardless of the immigration 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 behavioral 
                        interventions and supports.
            (5) Victim services.--Counseling services, including 
        psychological counseling, for individuals and communities 
        impacted by law enforcement misconduct.
    (e) Technical Assistance.--
            (1) In general.--The Attorney General may provide technical 
        assistance to States and community-based organizations in 
        furtherance of the purposes of this section.
            (2) Models for reduction of law enforcement 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 officer 
        misconduct. Any development of such models shall be in 
        consultation with community-based organizations.
    (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.--
            (1) Monitoring components.--
                    (A) In general.--Each program, project, or activity 
                funded under this section shall contain a monitoring 
                component, which shall be developed pursuant to rules 
                made by the Attorney General.
                    (B) Requirement.--Each monitoring component 
                required under subparagraph (A) shall include 
                systematic identification and collection of data about 
                activities, accomplishments, and programs throughout 
                the duration of the program, project, or activity and 
                presentation of such data in a usable form.
            (2) Evaluation components.--
                    (A) In general.--Selected grant recipients 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 conducted under 
                subparagraph (A) may include independent audits of 
                police behavior and other assessments of individual 
                program implementations. For community-based 
                organizations in selected jurisdictions that are able 
                to support outcome evaluations, the effectiveness of 
                funded programs, projects, and activities may be 
                required.
            (3) Periodic review and reports.--The Attorney General may 
        require a grant recipient to submit biannually to the Attorney 
        General the results of the monitoring and evaluations required 
        under paragraphs (1) and (2) and such other data and 
        information 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 section, the term 
``civilian review board'' means an administrative 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;
            (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 effect of any law, rule, 
        or procedure that allows a law enforcement officer to delay the 
        response to questions posed by a local internal affairs 
        officer, or review board on the investigative integrity and 
        prosecution 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 investigation of possible misconduct, 
        including criminal conduct.
            (3) Data collection.--After completion of the initial 
        analysis under paragraph (2), and considering material 
        investigatory issues, the Attorney General shall gather 
        additional data nationwide on similar laws, rules, and 
        procedures from a representative and statistically significant 
        sample of jurisdictions, 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 subparagraph 
                (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 Attorney General shall submit 
        to Congress a report 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 relating to the 
        enforcement of section 210401 of the Violent 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 entered 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 (hereinafter in this section referred to as the ``Task 
Force'').
    (b) Composition.--The Task Force shall be composed 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 Division.
            (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, 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 fiscal year to carry out this section.

SEC. 118. FEDERAL DATA COLLECTION ON LAW ENFORCEMENT 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 agency to the Attorney General.
    (b) Breakdown of Information by Race, Ethnicity, 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 practices to be reported on 
are the following:
            (1) Traffic violation stops.
            (2) Pedestrian stops.
            (3) Frisk and body searches.
            (4) Instances where law enforcement officers used deadly 
        force, including--
                    (A) a description of when and where deadly force 
                was used, and whether it resulted in death;
                    (B) a description of deadly force directed against 
                an officer and whether it resulted in injury or death; 
                and
                    (C) the law enforcement agency's justification for 
                use of deadly force, if the agency determines 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 Attorney General, that the State and each 
        local law enforcement agency of the State is in substantial 
        compliance 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 prescribe regulations 
to carry out this section.

              TITLE II--POLICING TRANSPARENCY THROUGH DATA

            Subtitle A--National Police Misconduct Registry

SEC. 201. ESTABLISHMENT OF NATIONAL POLICE MISCONDUCT 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 compiled and maintained by the 
Department of Justice.
    (b) Contents of Registry.--The Registry required 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 enforcement officer, 
        aggregated by--
                    (A) complaints that were found to be credible or 
                that resulted in disciplinary action against the law 
                enforcement officer, disaggregated by whether the 
                complaint involved 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 involved a use 
                of force or racial profiling; and
                    (C) complaints for which the law enforcement 
                officer was exonerated or that were determined to be 
                unfounded or not sustained, disaggregated by whether 
                the complaint involved a use of force or racial 
                profiling.
            (2) Discipline records, disaggregated by whether 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.
            (6) Instances where a law enforcement officer resigns or 
        retires while under active investigation related to the use of 
        force.
    (c) Federal Agency Reporting Requirements.--Not later than 1 year 
after the date of enactment 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 subsection (b).
    (d) State and Local Law Enforcement Agency Reporting 
Requirements.--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 receives funds under the Byrne 
grant program, the State shall, once every 180 days, submit to the 
Attorney General the information described in subsection (b) for the 
State and each local law enforcement 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 manner that allows members of the public 
        to search for an individual law enforcement officer's records 
        of 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 requirements 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 government, 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 certification 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 Misconduct Registry 
        established under section 201 records demonstrating that all 
        law enforcement officers 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 purposes of compliance with the certification and 
decertification programs described in subsection (a)(1) and considering 
applications for employment.
    (c) Rules.--The Attorney General shall make rules to carry out this 
section and section 201, including uniform 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 Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (2) Local law enforcement officer.--The term ``local law 
        enforcement officer'' has the meaning given the term in section 
        2, and includes a school resource officer.
            (3) School.--The term ``school'' means an elementary 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 enforcement officer who is--
                    (A) assigned by the employing law enforcement 
                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 receives funds under a Byrne grant 
        program, the State or Indian Tribe shall--
                    (A) report to the Attorney General, on a quarterly 
                basis and pursuant to guidelines established by the 
                Attorney General, information regarding--
                            (i) any incident involving the use of 
                        deadly force against a civilian by--
                                    (I) a local law enforcement officer 
                                who is employed by the State or by a 
                                unit of local government in the State; 
                                or
                                    (II) a tribal law enforcement 
                                officer 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 described in 
                        clause (i) occurs, which is not reported under 
                        clause (i), (ii), or (iii);
                            (v) deaths in custody; and
                            (vi) uses of force in arrests and booking;
                    (B) establish a system and a set of policies to 
                ensure that all use of force incidents are reported by 
                local law enforcement officers or tribal law 
                enforcement officers; and
                    (C) submit to the Attorney General a plan for the 
                collection of data required to be reported under this 
                section, including any modifications to a previously 
                submitted data collection plan.
            (2) Report information required.--
                    (A) In general.--The report required under 
                paragraph (1)(A) shall contain information that 
                includes, at a minimum--
                            (i) the national origin, sex, race, 
                        ethnicity, age, disability, English language 
                        proficiency, and housing status of each 
                        civilian against whom a local law enforcement 
                        officer or tribal law enforcement officer used 
                        force;
                            (ii) the date, time, and location, 
                        including whether it was on school grounds, and 
                        the zip code, of the incident and whether the 
                        jurisdiction in which the incident 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 
                        sustained 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 or 
                                tribal law enforcement officer involved 
                                in the incident;
                                    (IV) the efforts by local law 
                                enforcement officers or tribal law 
                                enforcement 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 Indian 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 Control and Law Enforcement Act of 1994 (34 
                U.S.C. 12104(a)(2)).
                    (C) Retention of data.--Each law enforcement agency 
                required to report data under this section shall 
                maintain records relating to 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 incident 
                reporting system required to be established under 
                paragraph (1)(B); and
                    (B) submit a report to the Attorney General on the 
                audit conducted under subparagraph (A).
            (4) Compliance procedure.--Prior to submitting a report 
        under paragraph (1)(A), the State or Indian Tribe submitting 
        such report shall compare the information compiled to be 
        reported pursuant to clause (i) of paragraph (1)(A) to publicly 
        available sources, and shall revise such report to include 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.--
            (1) In general.--For any fiscal year in which a State or 
        Indian Tribe fails to comply with this section, 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 
        comply with this section.
            (3) Information regarding school resource 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 
        information 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 data reported to the Attorney General 
        under this section.
            (2) Privacy protections.--Nothing in this subsection shall 
        be construed to supersede the requirements 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 relating to establishing standard data collection systems 
that capture the information required to be reported under subsection 
(a)(2), which shall include standard and consistent definitions for 
terms.

SEC. 224. USE OF FORCE DATA REPORTING.

    (a) Technical Assistance Grants Authorized.--The Attorney General 
may make grants to eligible law enforcement agencies to be used for the 
activities described in subsection (c).
    (b) Eligibility.--In order to be eligible to receive a grant under 
this section a law enforcement agency shall--
            (1) be a tribal law enforcement agency or be located 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 enforcement officers 
        employed by the law enforcement agency 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 enforcement 
                agency;
                    (B) makes all information collected publicly 
                searchable and available; and
                    (C) provides information on the status of an 
                investigation related to a use of force complaint.
    (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 in complying with 
        the reporting requirements described in section 223;
            (2) the cost of establishing necessary systems required to 
        investigate and report incidents as required 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, hotlines, and public service announcements; 
        and
            (4) use of force training for law enforcement agencies and 
        personnel, including training on de-escalation, 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 determine whether each State or Indian Tribe described in 
section 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--
                    (A) in a manner consistent with existing programs 
                of the Department of Justice that collect data on local 
                law enforcement officer encounters with civilians; and
                    (B) in a manner consistent with civil rights laws 
                for distribution of information to the public.
            (2) Guidelines.--Not later than 1 year after the date of 
        enactment of this Act, the Attorney General shall--
                    (A) issue guidelines on the reporting requirement 
                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 Attorney General 
such sums as are necessary to carry out this subtitle.

           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 covered program under this 
                paragraph.
            (2) Governmental body.--The term ``governmental 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 enforcement agent finds 
        drugs, a gun, or something else that leads to an arrest. The 
        hit rate is calculated 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 prevention, detection, or investigation of 
        violations of criminal, 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 officers and other agents of a law enforcement agency.
            (6) Racial profiling.--
                    (A) In general.--The term ``racial profiling'' 
                means the practice of a law enforcement agent or agency 
                relying, to any degree, on actual or perceived race, 
                ethnicity, national origin, religion, gender, gender 
                identity, or sexual orientation in selecting which 
                individual to subject to routine or spontaneous 
                investigatory activities or in deciding upon the scope 
                and substance of law enforcement activity following the 
                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 subparagraph (A), a 
                tribal law enforcement officer exercising law 
                enforcement authority within Indian 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 perceived race, ethnicity, or tribal 
                affiliation.
            (7) Routine or spontaneous investigatory activities.--The 
        term ``routine or spontaneous investigatory activities'' means 
        the following activities by a law enforcement agent:
                    (A) Interviews.
                    (B) Traffic stops.
                    (C) Pedestrian stops.
                    (D) Frisks and other types of body searches.
                    (E) Consensual or nonconsensual searches of the 
                persons, property, or possessions (including vehicles) 
                of individuals using any form of public or private 
                transportation, including motorists and pedestrians.
                    (F) Data collection and analysis, assessments, 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 investigations.
                    (I) Such other types of law enforcement encounters 
                compiled for or by the Federal Bureau of Investigation 
                or the Department of Justice Bureau of Justice 
                Statistics.
            (8) Reasonable request.--The term ``reasonable request'' 
        means all requests for information, except for those that--
                    (A) are immaterial to the investigation;
                    (B) would result in the unnecessary disclosure of 
                personal information; or
                    (C) would place a severe burden on the resources of 
                the law enforcement agency given its size.

                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 racial 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.
    (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 administrative 
judgment or order, or an enforceable written agreement.

    PART II--PROGRAMS TO ELIMINATE RACIAL PROFILING BY FEDERAL LAW 
                          ENFORCEMENT 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 described 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;
            (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 racial profiling by law 
        enforcement agents; and
            (5) any other policies and procedures the Attorney 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 
                          ENFORCEMENT 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 program 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 described in subsection 
(a)(1) shall include--
            (1) a prohibition on racial profiling;
            (2) training on racial profiling issues as part of law 
        enforcement training;
            (3) the collection of data in accordance with the 
        regulations issued by the Attorney General under section 341; 
        and
            (4) participation in an administrative complaint procedure 
        or independent audit program that meets the requirements of 
        section 332.
    (c) Effective Date.--This section shall take effect 12 months after 
the date of enactment of this Act.

SEC. 332. INVOLVEMENT OF ATTORNEY GENERAL.

    (a) Regulations.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act and in consultation 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 response to allegations of 
        racial profiling by law enforcement agents or agencies.
            (2) Guidelines.--The regulations issued under paragraph (1) 
        shall contain guidelines that ensure the fairness, 
        effectiveness, and independence of the administrative complaint 
        procedures and independent auditor programs.
    (b) Noncompliance.--If the Attorney General determines that the 
recipient of a grant from any covered program is not in compliance with 
the requirements of section 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 program, 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 developing and 
        implementing data collection programs on the hit rates for 
        stops and searches by law enforcement agencies. The data 
        collected shall be disaggregated by race, ethnicity, national 
        origin, gender, and religion.
            (2) Number of grants.--The Attorney General shall provide 
        not more than 5 grants or contracts under this section.
            (3) Eligible grantees.--Grants or contracts under this 
        section shall be awarded to law enforcement agencies that serve 
        communities where there is a significant concentration of 
        racial or ethnic minorities and that are not already collecting 
        data voluntarily.
    (b) Required Activities.--Activities carried out with a grant under 
this section shall include--
            (1) developing a data collection tool and reporting 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 education (as defined in section 101 of the 
Higher Education Act of 1965 (20 U.S.C. 1001)) to analyze the data 
collected by each of the grantees funded under this section.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out activities under this section--
            (1) $5,000,000, over a 2-year period, to carry out the 
        demonstration program under subsection (a); and
            (2) $500,000 to carry out the evaluation under subsection 
        (c).

SEC. 334. DEVELOPMENT OF BEST PRACTICES.

    (a) Use of Funds Requirement.--Section 502(a) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
10153(a)), as amended by sections 113 and 114, is amended by adding at 
the end the following:
            ``(9) An assurance that, for each fiscal year covered by an 
        application, the applicant will use not less than 10 percent of 
        the total amount of the grant award for the fiscal year to 
        develop and implement 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) of this section, shall be for programs that include the 
following:
            (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 facilitate the 
        accurate collection and analysis of data.
            (3) The development and acquisition of feedback systems and 
        technologies that identify law enforcement agents or units of 
        agents engaged in, or at risk of engaging in, racial profiling 
        or other misconduct.
            (4) The establishment and maintenance of an administrative 
        complaint procedure or independent auditor program.

SEC. 335. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Attorney General 
such sums as are necessary to carry out this part.

                        PART IV--DATA COLLECTION

SEC. 341. ATTORNEY GENERAL TO ISSUE REGULATIONS.

    (a) Regulations.--Not later than 6 months after the date of 
enactment of this Act, the Attorney General, in consultation with 
stakeholders, including Federal, State, and local law enforcement 
agencies and community, professional, research, and civil rights 
organizations, shall issue regulations for the collection and 
compilation of data under sections 321 and 331.
    (b) Requirements.--The regulations issued under subsection (a) 
shall--
            (1) provide for the collection of data on all routine and 
        spontaneous investigatory activities;
            (2) provide that the data collected shall--
                    (A) be disaggregated by race, ethnicity, national 
                origin, gender, disability, and religion;
                    (B) include the date, time, and location of such 
                investigatory activities;
                    (C) include detail sufficient to permit an analysis 
                of whether a law enforcement agency is engaging in 
                racial profiling; and
                    (D) not include personally identifiable 
                information;
            (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 available under paragraph 
        (3), and submit the form to the Civil Rights Division and the 
        Department of Justice Bureau of Justice Statistics;
            (5) provide that law enforcement agencies shall maintain 
        all data collected under this subtitle for not less than 4 
        years;
            (6) include guidelines for setting comparative benchmarks, 
        consistent with best practices, against which collected data 
        shall be measured;
            (7) provide that the Department of Justice Bureau 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 minority 
                        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 thereafter--
                            (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 
                        Department 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 access in order to fulfill the 
                purposes for the data set forth in this subtitle;
                    (C) requiring contractors or other nongovernmental 
                agents who are permitted access to the data collected 
                under this subtitle to sign use agreements 
                incorporating the use and disclosure restrictions set 
                forth in subparagraph (A); and
                    (D) requiring the maintenance of adequate security 
                measures to prevent unauthorized access 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 pursuant 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 enforcement agent, 
complainant, or any other individual involved in any activity for which 
data is collected and compiled under this subtitle shall not be--
            (1) released to the public;
            (2) disclosed to any person, except for--
                    (A) such disclosures as are necessary to comply 
                with this subtitle;
                    (B) disclosures of information regarding a 
                particular person to that person; or
                    (C) disclosures pursuant to litigation; or
            (3) subject to disclosure under section 552 of title 5, 
        United States Code (commonly known as the Freedom of 
        Information Act), except for disclosures of information 
        regarding a particular person to that person.

    PART V--DEPARTMENT OF JUSTICE REGULATIONS 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 required 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 enforcement agencies.
            (2) Scope.--Each report submitted under paragraph (1) shall 
        include--
                    (A) a summary of data collected under sections 
                321(b)(3) and 331(b)(3) and from any other reliable 
                source of information regarding racial profiling in the 
                United States;
                    (B) a discussion of the findings in the most recent 
                report prepared by the Department of Justice Bureau of 
                Justice Statistics under section 341(b)(7);
                    (C) the status of the adoption and implementation 
                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 INTERVENE.

    (a) In General.--The Attorney General shall establish--
            (1) a training program for law enforcement officers to 
        cover racial profiling, implicit bias, and procedural justice; 
        and
            (2) a clear duty for Federal law enforcement officers to 
        intervene in cases where another law enforcement 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 Enforcement Officers.--The 
head of each Federal law enforcement agency shall require each Federal 
law enforcement officer employed by the agency to complete the training 
programs established under subsection (a).
    (c) Limitation on Eligibility for Funds.--Beginning 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 enforcement officer in the 
State or unit of local government to complete the training programs 
established under subsection (a).
    (d) Grants To Train Law Enforcement Officers on Use of Force.--
Section 501(a)(1) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is amended by adding at the 
end the following:
                    ``(I) Training programs for law enforcement 
                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 purpose.''.
    (b) Limitation on Eligibility for Funds.--Beginning 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 enforcement officer to enter a 
property without requiring the law enforcement officer to announce the 
presence of the law enforcement officer or the intention of the law 
enforcement 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 reduce 
intake of air of an individual.
    (b) Limitation on Eligibility for Funds.--Beginning 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 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 law enforcement officers in the State or unit of 
local government from using a chokehold or carotid hold.
    (c) Chokeholds as Civil Rights Violations.--
            (1) Short title.--This subsection may be cited as the 
        ``Eric Garner Excessive Use of Force Prevention Act''.
            (2) Chokeholds as civil rights violations.--Section 242 of 
        title 18, United States Code, as amended by section 101, is 
        amended by adding at the end the following: ``For the purposes 
        of this section, the application of any pressure to the throat 
        or windpipe, use of maneuvers that restrict blood or oxygen 
        flow to the brain, or carotid artery restraints which prevent 
        or hinder breathing or reduce intake of air is a punishment, 
        pain, or penalty.''.

SEC. 364. PEACE ACT.

    (a) Short Title.--This section may be cited as the ``Police 
Exercising Absolute Care With Everyone Act of 2021'' or the ``PEACE Act 
of 2021''.
    (b) Use of Force by Federal Law Enforcement Officers.--
            (1) Definitions.--In this subsection:
                    (A) Deescalation tactics and techniques.--The term 
                ``deescalation tactics and techniques'' means proactive 
                actions and approaches used by a Federal law 
                enforcement officer to stabilize the situation so that 
                more time, options, and resources are available to gain 
                a person's voluntary compliance and reduce or eliminate 
                the need to use force, including verbal persuasion, 
                warnings, tactical techniques, slowing down the pace of 
                an incident, waiting out a subject, creating distance 
                between the officer and the threat, and requesting 
                additional resources to resolve the incident.
                    (B) Necessary.--The term ``necessary'' means that 
                another reasonable Federal law enforcement officer 
                would objectively conclude, under the totality of the 
                circumstances, that there was no reasonable alternative 
                to the use of force.
                    (C) Reasonable alternatives.--
                            (i) In general.--The term ``reasonable 
                        alternatives'' means tactics and methods used 
                        by a Federal law enforcement officer to 
                        effectuate an arrest that do not unreasonably 
                        increase the risk posed to the law enforcement 
                        officer or another person, including verbal 
                        communication, distance, warnings, deescalation 
                        tactics and techniques, tactical repositioning, 
                        and other tactics and techniques intended to 
                        stabilize the situation and reduce the 
                        immediacy of the risk so that more time, 
                        options, and resources can be called upon to 
                        resolve the situation without the use of force.
                            (ii) Deadly force.--With respect to the use 
                        of deadly force, the term ``reasonable 
                        alternatives'' includes the use of less lethal 
                        force.
                    (D) Totality of the circumstances.--The term 
                ``totality of the circumstances'' means all credible 
                facts known to the Federal law enforcement officer 
                leading up to and at the time of the use of force, 
                including the actions of the person against whom the 
                Federal law enforcement officer uses such force and the 
                actions of the Federal law enforcement officer.
            (2) Prohibition on less lethal force.--A Federal law 
        enforcement officer may not use any less lethal force unless--
                    (A) the form of less lethal force used is necessary 
                and proportional in order to effectuate an arrest of a 
                person who the officer has probable cause to believe 
                has committed a criminal offense; and
                    (B) reasonable alternatives to the use of the form 
                of less lethal force have been exhausted.
            (3) Prohibition on deadly use of force.--A Federal law 
        enforcement officer may not use deadly force against a person 
        unless--
                    (A) the form of deadly force used is necessary, as 
                a last resort, to prevent imminent and serious bodily 
                injury or death to the officer or another person;
                    (B) the use of the form of deadly force creates no 
                substantial risk of injury to a third person; and
                    (C) reasonable alternatives to the use of the form 
                of deadly force have been exhausted.
            (4) Requirement to give verbal warning.--When feasible, 
        prior to using force against a person, a Federal law 
        enforcement officer shall identify himself or herself as a 
        Federal law enforcement officer, and issue a verbal warning to 
        the person that the Federal law enforcement officer seeks to 
        apprehend, which shall--
                    (A) include a request that the person surrender to 
                the law enforcement officer; and
                    (B) notify the person that the law enforcement 
                officer will use force against the person if the person 
                resists arrest or flees.
            (5) Guidance on use of force.--Not later than 120 days 
        after the date of enactment of this Act, the Attorney General, 
        in consultation with impacted persons, communities, and 
        organizations, including representatives of civil and human 
        rights organizations, victims of police use of force, and 
        representatives of law enforcement associations, shall provide 
        guidance to Federal law enforcement agencies on--
                    (A) the types of less lethal force and deadly force 
                that are prohibited under paragraphs (2) and (3); and
                    (B) how a Federal law enforcement officer can--
                            (i) assess whether the use of force is 
                        appropriate and necessary; and
                            (ii) use the least amount of force when 
                        interacting with--
                                    (I) pregnant individuals;
                                    (II) children and youth under 21 
                                years of age;
                                    (III) elderly persons;
                                    (IV) persons with mental, 
                                behavioral, or physical disabilities or 
                                impairments;
                                    (V) persons experiencing perceptual 
                                or cognitive impairments due to use of 
                                alcohol, narcotics, hallucinogens, or 
                                other drugs;
                                    (VI) persons suffering from a 
                                serious medical condition; and
                                    (VII) persons with limited English 
                                proficiency.
            (6) Training.--The Attorney General shall provide training 
        to Federal law enforcement officers on interacting people 
        described in subclauses (I) through (VII) of paragraph 
        (5)(B)(ii).
            (7) Limitation on justification defense.--
                    (A) In general.--Chapter 51 of title 18, United 
                States Code, is amended by adding at the end the 
                following:
``Sec. 1123. Limitation on justification defense for Federal law 
              enforcement officers
    ``(a) In General.--It is not a defense to an offense under section 
1111 or 1112 that the use of less lethal force or deadly force by a 
Federal law enforcement officer was justified if--
            ``(1) that officer's use of use of such force was 
        inconsistent with section 364(b) of the George Floyd Justice in 
        Policing Act of 2021; or
            ``(2) that officer's gross negligence, leading up to and at 
        the time of the use of force, contributed to the necessity of 
        the use of such force.
    ``(b) Definitions.--In this section--
            ``(1) the terms `deadly force' and `less lethal force' have 
        the meanings given such terms in section 2 and section 364 of 
        the George Floyd Justice in Policing Act of 2021; and
            ``(2) the term `Federal law enforcement officer' has the 
        meaning given such term in section 115.''.
                    (B) Clerical amendment.--The table of sections for 
                chapter 51 of title 18, United States Code, is amended 
                by inserting after the item relating to section 1122 
                the following:

``1123. Limitation on justification defense for Federal law enforcement 
                            officers.''.
    (c) Limitation on the Receipt of Funds Under the Edward Byrne 
Memorial Justice Assistance Grant Program.--
            (1) Limitation.--A State or unit of local government, other 
        than an Indian Tribe, may not receive funds that the State or 
        unit of local government would otherwise receive under a Byrne 
        grant program for a fiscal year if, on the day before the first 
        day of the fiscal year, the State or unit of local government 
        does not have in effect a law that is consistent with 
        subsection (b) of this section and section 1123 of title 18, 
        United States Code, as determined by the Attorney General.
            (2) Subsequent enactment.--
                    (A) In general.--If funds described in paragraph 
                (1) are withheld from a State or unit of local 
                government pursuant to paragraph (1) for 1 or more 
                fiscal years, and the State or unit of local government 
                enacts or puts in place a law described in paragraph 
                (1), and demonstrates substantial efforts to enforce 
                such law, subject to subparagraph (B), the State or 
                unit of local government shall be eligible, in the 
                fiscal year after the fiscal year during which the 
                State or unit of local government demonstrates such 
                substantial efforts, to receive the total amount that 
                the State or unit of local government would have 
                received during each fiscal year for which funds were 
                withheld.
                    (B) Limit on amount of prior year funds.--A State 
                or unit of local government may not receive funds under 
                subparagraph (A) in an amount that is more than the 
                amount withheld from the State or unit of local 
                government during the 5-fiscal-year period before the 
                fiscal year during which funds are received under 
                subparagraph (A).
            (3) Guidance.--Not later than 120 days after the date of 
        enactment of this Act, the Attorney General, in consultation 
        with impacted persons, communities, and organizations, 
        including representatives of civil and human rights 
        organizations, individuals against whom a law enforcement 
        officer used force, and representatives of law enforcement 
        associations, shall make guidance available to States and units 
        of local government on the criteria that the Attorney General 
        will use in determining whether the State or unit of local 
        government has in place a law described in paragraph (1).
            (4) Application.--This subsection shall apply to the first 
        fiscal year that begins after the date that is 1 year after the 
        date of the enactment of this Act, and each fiscal year 
        thereafter.

SEC. 365. STOP MILITARIZING LAW ENFORCEMENT ACT.

    (a) Findings.--Congress makes the following findings:
            (1) Under section 2576a of title 10, United States Code, 
        the Department of Defense is authorized to provide excess 
        property to local law enforcement agencies. The Defense 
        Logistics Agency, administers such section by operating the Law 
        Enforcement Support Office program.
            (2) New and used material, including mine-resistant ambush-
        protected vehicles and weapons determined by the Department of 
        Defense to be ``military grade'' are transferred to Federal, 
        Tribal, State, and local law enforcement agencies through the 
        program.
            (3) As a result local law enforcement agencies, including 
        police and sheriff's departments, are acquiring this material 
        for use in their normal operations.
            (4) As a result of the wars in Iraq and Afghanistan, 
        military equipment purchased for, and used in, those wars has 
        become excess property and has been made available for transfer 
        to local and Federal law enforcement agencies.
            (5) In Fiscal Year 2017, $504,000,000 worth of property was 
        transferred to law enforcement agencies.
            (6) More than $6,800,000,000 worth of weapons and equipment 
        have been transferred to police organizations in all 50 States 
        and four territories through the program.
            (7) In May 2012, the Defense Logistics Agency instituted a 
        moratorium on weapons transfers through the program after 
        reports of missing equipment and inappropriate weapons 
        transfers.
            (8) Though the moratorium was widely publicized, it was 
        lifted in October 2013 without adequate safeguards.
            (9) On January 16, 2015, President Barack Obama issued 
        Executive Order 13688 to better coordinate and regulate the 
        federal transfer of military weapons and equipment to State, 
        local, and Tribal law enforcement agencies.
            (10) In July, 2017, the Government Accountability Office 
        reported that the program's internal controls were inadequate 
        to prevent fraudulent applicants' access to the program.
            (11) On August, 28, 2017, President Donald Trump rescinded 
        Executive Order 13688 despite a July 2017 Government 
        Accountability Office report finding deficiencies with the 
        administration of the 1033 program.
            (12) As a result, Federal, State, and local law enforcement 
        departments across the country are eligible again to acquire 
        free ``military-grade'' weapons and equipment that could be 
        used inappropriately during policing efforts in which people 
        and taxpayers could be harmed.
            (13) The Department of Defense categorizes equipment 
        eligible for transfer under the 1033 program as ``controlled'' 
        and ``un-controlled'' equipment. ``Controlled equipment'' 
        includes weapons, explosives such as flash-bang grenades, mine-
        resistant ambush-protected vehicles, long-range acoustic 
        devices, aircraft capable of being modified to carry armament 
        that are combat coded, and silencers, among other military 
        grade items.
    (b) Limitation on Department of Defense Transfer of Personal 
Property to Local Law Enforcement Agencies.--
            (1) In general.--Section 2576a of title 10, United States 
        Code, is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1)(A), by striking 
                        ``counterdrug, counterterrorism, and border 
                        security activities'' and inserting 
                        ``counterterrorism''; and
                            (ii) in paragraph (2), by striking ``, the 
                        Director of National Drug Control Policy,'';
                    (B) in subsection (b)--
                            (i) in paragraph (5), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (6), by striking the 
                        period and inserting a semicolon; and
                            (iii) by adding at the end the following 
                        new paragraphs:
            ``(7) the recipient submits to the Department of Defense a 
        description of how the recipient expects to use the property;
            ``(8) the recipient certifies to the Department of Defense 
        that if the recipient determines that the property is surplus 
        to the needs of the recipient, the recipient will return the 
        property to the Department of Defense;
            ``(9) with respect to a recipient that is not a Federal 
        agency, the recipient certifies to the Department of Defense 
        that the recipient notified the local community of the request 
        for personal property under this section by--
                    ``(A) publishing a notice of such request on a 
                publicly accessible Internet website;
                    ``(B) posting such notice at several prominent 
                locations in the jurisdiction of the recipient; and
                    ``(C) ensuring that such notices were available to 
                the local community for a period of not less than 30 
                days; and
            ``(10) the recipient has received the approval of the city 
        council or other local governing body to acquire the personal 
        property sought under this section.'';
                    (C) by striking subsection (d);
                    (D) by redesignating subsections (e) and (f) as 
                subsections (o) and (p), respectively; and
                    (E) by inserting after subsection (c) the following 
                new subsections:
    ``(d) Annual Certification Accounting for Transferred Property.--
(1) For each fiscal year, the Secretary shall submit to Congress 
certification in writing that each Federal or State agency to which the 
Secretary has transferred property under this section--
            ``(A) has provided to the Secretary documentation 
        accounting for all controlled property, including arms and 
        ammunition, that the Secretary has transferred to the agency, 
        including any item described in subsection (f) so transferred 
        before the date of the enactment of the George Floyd Justice in 
        Policing Act of 2021; and
            ``(B) with respect to a non-Federal agency, carried out 
        each of paragraphs (5) through (8) of subsection (b).
    ``(2) If the Secretary does not provide a certification under 
paragraph (1) for a Federal or State agency, the Secretary may not 
transfer additional property to that agency under this section.
    ``(e) Annual Report on Excess Property.--Before making any property 
available for transfer under this section, the Secretary shall annually 
submit to Congress a description of the property to be transferred 
together with a certification that the transfer of the property would 
not violate this section or any other provision of law.
    ``(f) Limitations on Transfers.--(1) The Secretary may not transfer 
to Federal, Tribal, State, or local law enforcement agencies the 
following under this section:
            ``(A) Firearms, ammunition, bayonets, grenade launchers, 
        grenades (including stun and flash-bang), and explosives.
            ``(B) Vehicles, except for passenger automobiles (as such 
        term is defined in section 32901(a)(18) of title 49, United 
        States Code) and bucket trucks.
            ``(C) Drones.
            ``(D) Controlled aircraft that--
                    ``(i) are combat configured or combat coded; or
                    ``(ii) have no established commercial flight 
                application.
            ``(E) Silencers.
            ``(F) Long-range acoustic devices.
            ``(G) Items in the Federal Supply Class of banned items.
    ``(2) The Secretary may not require, as a condition of a transfer 
under this section, that a Federal or State agency demonstrate the use 
of any small arms or ammunition.
    ``(3) The limitations under this subsection shall also apply with 
respect to the transfer of previously transferred property of the 
Department of Defense from one Federal or State agency to another such 
agency.
    ``(4)(A) The Secretary may waive the applicability of paragraph (1) 
to a vehicle described in subparagraph (B) of such paragraph (other 
than a mine-resistant ambush-protected vehicle), if the Secretary 
determines that such a waiver is necessary for disaster or rescue 
purposes or for another purpose where life and public safety are at 
risk, as demonstrated by the proposed recipient of the vehicle.
    ``(B) If the Secretary issues a waiver under subparagraph (A), the 
Secretary shall--
            ``(i) submit to Congress notice of the waiver, and post 
        such notice on a public Internet website of the Department, by 
        not later than 30 days after the date on which the waiver is 
        issued; and
            ``(ii) require, as a condition of the waiver, that the 
        recipient of the vehicle for which the waiver is issued 
        provides public notice of the waiver and the transfer, 
        including the type of vehicle and the purpose for which it is 
        transferred, in the jurisdiction where the recipient is located 
        by not later than 30 days after the date on which the waiver is 
        issued.
    ``(5) The Secretary may provide for an exemption to the limitation 
under subparagraph (D) of paragraph (1) in the case of parts for 
aircraft described in such subparagraph that are transferred as part of 
regular maintenance of aircraft in an existing fleet.
    ``(6) The Secretary shall require, as a condition of any transfer 
of property under this section, that the Federal or State agency that 
receives the property shall return the property to the Secretary if the 
agency--
            ``(A) is investigated by the Department of Justice for any 
        violation of civil liberties; or
            ``(B) is otherwise found to have engaged in widespread 
        abuses of civil liberties.
    ``(g) Conditions for Extension of Program.--Notwithstanding any 
other provision of law, amounts authorized to be appropriated or 
otherwise made available for any fiscal year may not be obligated or 
expended to carry out this section unless the Secretary submits to 
Congress certification that for the preceding fiscal year that--
            ``(1) each Federal or State agency that has received 
        controlled property transferred under this section has--
                    ``(A) demonstrated 100 percent accountability for 
                all such property, in accordance with paragraph (2) or 
                (3), as applicable; or
                    ``(B) been suspended from the program pursuant to 
                paragraph (4);
            ``(2) with respect to each non-Federal agency that has 
        received controlled property under this section, the State 
        coordinator responsible for each such agency has verified that 
        the coordinator or an agent of the coordinator has conducted an 
        in-person inventory of the property transferred to the agency 
        and that 100 percent of such property was accounted for during 
        the inventory or that the agency has been suspended from the 
        program pursuant to paragraph (4);
            ``(3) with respect to each Federal agency that has received 
        controlled property under this section, the Secretary of 
        Defense or an agent of the Secretary has conducted an in-person 
        inventory of the property transferred to the agency and that 
        100 percent of such property was accounted for during the 
        inventory or that the agency has been suspended from the 
        program pursuant to paragraph (4);
            ``(4) the eligibility of any agency that has received 
        controlled property under this section for which 100 percent of 
        the property was not accounted for during an inventory 
        described in paragraph (1) or (2), as applicable, to receive 
        any property transferred under this section has been suspended; 
        and
            ``(5) each State coordinator has certified, for each non-
        Federal agency located in the State for which the State 
        coordinator is responsible that--
                    ``(A) the agency has complied with all requirements 
                under this section; or
                    ``(B) the eligibility of the agency to receive 
                property transferred under this section has been 
                suspended; and
            ``(6) the Secretary of Defense has certified, for each 
        Federal agency that has received property under this section 
        that--
                    ``(A) the agency has complied with all requirements 
                under this section; or
                    ``(B) the eligibility of the agency to receive 
                property transferred under this section has been 
                suspended.
    ``(h) Prohibition on Ownership of Controlled Property.--A Federal 
or State agency that receives controlled property under this section 
may not take ownership of the property.
    ``(i) Notice to Congress of Property Downgrades.--Not later than 30 
days before downgrading the classification of any item of personal 
property from controlled or Federal Supply Class, the Secretary shall 
submit to Congress notice of the proposed downgrade.
    ``(j) Notice to Congress of Property Cannibalization.--Before the 
Defense Logistics Agency authorizes the recipient of property 
transferred under this section to cannibalize the property, the 
Secretary shall submit to Congress notice of such authorization, 
including the name of the recipient requesting the authorization, the 
purpose of the proposed cannibalization, and the type of property 
proposed to be cannibalized.
    ``(k) Quarterly Reports on Use of Controlled Equipment.--Not later 
than 30 days after the last day of a fiscal quarter, the Secretary 
shall submit to Congress a report on any uses of controlled property 
transferred under this section during that fiscal quarter.
    ``(l) Reports to Congress.--Not later than 30 days after the last 
day of a fiscal year, the Secretary shall submit to Congress a report 
on the following for the preceding fiscal year:
            ``(1) The percentage of equipment lost by recipients of 
        property transferred under this section, including specific 
        information about the type of property lost, the monetary value 
        of such property, and the recipient that lost the property.
            ``(2) The transfer of any new (condition code A) property 
        transferred under this section, including specific information 
        about the type of property, the recipient of the property, the 
        monetary value of each item of the property, and the total 
        monetary value of all such property transferred during the 
        fiscal year.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply with respect to any transfer of property made after 
        the date of the enactment of this Act.

SEC. 366. PUBLIC SAFETY INNOVATION GRANTS.

    (a) Byrne Grants Used for Local Task Forces on Public Safety 
Innovation.--Section 501(a) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10151(a)), as amended by this Act, is 
further amended by adding at the end the following:
            ``(3) Local task forces on public safety innovation.--
                    ``(A) In general.--A law enforcement program under 
                paragraph (1)(A) may include the development of best 
                practices for and the creation of local task forces on 
                public safety innovation, charged with exploring and 
                developing new strategies for public safety, including 
                non-law enforcement strategies.
                    ``(B) Definition.--The term `local task force on 
                public safety innovation' means an administrative 
                entity, created from partnerships between community-
                based organizations and other local stakeholders, that 
                may develop innovative law enforcement and non-law 
                enforcement strategies to enhance just and equitable 
                public safety, repair breaches of trust between law 
                enforcement agencies and the community they pledge to 
                serve, and enhance accountability of law enforcement 
                officers.''.
    (b) Crisis Intervention Teams.--Section 501(c) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152(c)) 
is amended by adding at the end the following:
            ``(3) In the case of crisis intervention teams funded under 
        subsection (a)(1)(H), a program assessment under this 
        subsection shall contain a report on best practices for crisis 
        intervention.''.
    (c) Use of COPS Grant Program To Hire Law Enforcement Officers Who 
Are Residents of the Communities They Serve.--Section 1701(b) of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
10381(b)), as amended by this Act, is further amended--
            (1) by redesignating paragraphs (23) and (24) as paragraphs 
        (26) and (27), respectively;
            (2) in paragraph (26), as so redesignated, by striking 
        ``(22)'' and inserting ``(25)''; and
            (3) by inserting after paragraph (22) the following:
            ``(23) to recruit, hire, incentivize, retain, develop, and 
        train new, additional career law enforcement officers or 
        current law enforcement officers who are willing to relocate to 
        communities--
                    ``(A) where there are poor or fragmented 
                relationships between police and residents of the 
                community, or where there are high incidents of crime; 
                and
                    ``(B) that are the communities that the law 
                enforcement officers serve, or that are in close 
                proximity to the communities that the law enforcement 
                officers serve;
            ``(24) to collect data on the number of law enforcement 
        officers who are willing to relocate to the communities where 
        they serve, and whether such law enforcement officer 
        relocations have impacted crime in such communities;
            ``(25) to develop and publicly report strategies and 
        timelines to recruit, hire, promote, retain, develop, and train 
        a diverse and inclusive law enforcement workforce, consistent 
        with merit system principles and applicable law;''.

                Subtitle C--Law Enforcement Body Cameras

          PART 1--FEDERAL POLICE CAMERA AND ACCOUNTABILITY ACT

SEC. 371. SHORT TITLE.

    This part may be cited as the ``Federal Police Camera and 
Accountability Act''.

SEC. 372. REQUIREMENTS FOR FEDERAL LAW ENFORCEMENT OFFICERS REGARDING 
              THE USE OF BODY CAMERAS.

    (a) Definitions.--In this section:
            (1) Minor.--The term ``minor'' means any individual under 
        18 years of age.
            (2) Subject of the video footage.--The term ``subject of 
        the video footage''--
                    (A) means any identifiable Federal law enforcement 
                officer or any identifiable suspect, victim, detainee, 
                conversant, injured party, or other similarly situated 
                person who appears on the body camera recording; and
                    (B) does not include people who only incidentally 
                appear on the recording.
            (3) Video footage.--The term ``video footage'' means any 
        images or audio recorded by a body camera.
    (b) Requirement to Wear Body Camera.--
            (1) In general.--Federal law enforcement officers shall 
        wear a body camera.
            (2) Requirement for body camera.--A body camera required 
        under paragraph (1) shall--
                    (A) have a field of view at least as broad as the 
                officer's vision; and
                    (B) be worn in a manner that maximizes the camera's 
                ability to capture video footage of the officer's 
                activities.
    (c) Requirement To Activate.--
            (1) In general.--Both the video and audio recording 
        functions of the body camera shall be activated whenever a 
        Federal law enforcement officer is responding to a call for 
        service or at the initiation of any other law enforcement or 
        investigative stop (as such term is defined in section 373) 
        between a Federal law enforcement officer and a member of the 
        public, except that when an immediate threat to the officer's 
        life or safety makes activating the camera impossible or 
        dangerous, the officer shall activate the camera at the first 
        reasonable opportunity to do so.
            (2) Allowable deactivation.--The body camera shall not be 
        deactivated until the stop has fully concluded and the Federal 
        law enforcement officer leaves the scene.
    (d) Notification of Subject of Recording.--A Federal law 
enforcement officer who is wearing a body camera shall notify any 
subject of the recording that he or she is being recorded by a body 
camera as close to the inception of the stop as is reasonably possible.
    (e) Requirements.--Notwithstanding subsection (c), the following 
shall apply to the use of a body camera:
            (1) Prior to entering a private residence without a warrant 
        or in non-exigent circumstances, a Federal law enforcement 
        officer shall ask the occupant if the occupant wants the 
        officer to discontinue use of the officer's body camera. If the 
        occupant responds affirmatively, the Federal law enforcement 
        officer shall immediately discontinue use of the body camera.
            (2) When interacting with an apparent crime victim, a 
        Federal law enforcement officer shall, as soon as practicable, 
        ask the apparent crime victim if the apparent crime victim 
        wants the officer to discontinue use of the officer's body 
        camera. If the apparent crime victim responds affirmatively, 
        the Federal law enforcement officer shall immediately 
        discontinue use of the body camera.
            (3) When interacting with a person seeking to anonymously 
        report a crime or assist in an ongoing law enforcement 
        investigation, a Federal law enforcement officer shall, as soon 
        as practicable, ask the person seeking to remain anonymous, if 
        the person seeking to remain anonymous wants the officer to 
        discontinue use of the officer's body camera. If the person 
        seeking to remain anonymous responds affirmatively, the Federal 
        law enforcement officer shall immediately discontinue use of 
        the body camera.
    (f) Recording of Offers To Discontinue Use of Body Camera.--Each 
offer of a Federal law enforcement officer to discontinue the use of a 
body camera made pursuant to subsection (e), and the responses thereto, 
shall be recorded by the body camera prior to discontinuing use of the 
body camera.
    (g) Limitations on Use of Body Camera.--Body cameras shall not be 
used to gather intelligence information based on First Amendment 
protected speech, associations, or religion, or to record activity that 
is unrelated to a response to a call for service or a law enforcement 
or investigative stop between a law enforcement officer and a member of 
the public, and shall not be equipped with or employ any facial 
recognition technologies.
    (h) Exceptions.--Federal law enforcement officers--
            (1) shall not be required to use body cameras during 
        investigative or enforcement stops with the public in the case 
        that--
                    (A) recording would risk the safety of a 
                confidential informant, citizen informant, or 
                undercover officer;
                    (B) recording would pose a serious risk to national 
                security; or
                    (C) the officer is a military police officer, a 
                member of the United States Army Criminal Investigation 
                Command, or a protective detail assigned to a Federal 
                or foreign official while performing his or her duties; 
                and
            (2) shall not activate a body camera while on the grounds 
        of any public, private or parochial elementary or secondary 
        school, except when responding to an imminent threat to life or 
        health.
    (i) Retention of Footage.--
            (1) In general.--Body camera video footage shall be 
        retained by the law enforcement agency that employs the officer 
        whose camera captured the footage, or an authorized agent 
        thereof, for 6 months after the date it was recorded, after 
        which time such footage shall be permanently deleted.
            (2) Right to inspect.--During the 6-month retention period 
        described in paragraph (1), the following persons shall have 
        the right to inspect the body camera footage:
                    (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 authorized 
                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 recorded the 
                video footage, subject to the limitations and 
                restrictions in this part.
                    (F) Any defense counsel who claims, pursuant to a 
                written affidavit, to have a reasonable basis for 
                believing a video may contain evidence 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, unless the release of the body 
        camera footage is otherwise authorized by this part or by 
        another applicable law. When a body camera fails to capture 
        some or all of the audio or video of an incident due to 
        malfunction, displacement of camera, or any other cause, any 
        audio or video footage that is captured shall be treated the 
        same as any other body camera audio or video footage under this 
        part.
    (j) Additional Retention Requirements.--Notwithstanding the 
retention and deletion requirements in subsection (i), the following 
shall apply to body camera video footage under this part:
            (1) Body camera video footage shall be automatically 
        retained for not less than 3 years if the video footage 
        captures an interaction or event involving--
                    (A) any use of force; or
                    (B) an stop about which a complaint has been 
                registered by a subject of the video footage.
            (2) Body camera video footage shall be retained for not 
        less than 3 years if a longer retention period is voluntarily 
        requested by--
                    (A) the Federal law enforcement officer whose body 
                camera recorded the video footage, if that officer 
                reasonably asserts the video footage has evidentiary or 
                exculpatory value in an ongoing investigation;
                    (B) any Federal law enforcement officer who is a 
                subject of the video footage, if that officer 
                reasonably asserts the video footage has evidentiary or 
                exculpatory value;
                    (C) any superior officer of a Federal law 
                enforcement officer whose body camera recorded the 
                video footage or who is a subject of the video footage, 
                if that superior officer reasonably asserts the video 
                footage has evidentiary or exculpatory value;
                    (D) any Federal law enforcement officer, if the 
                video footage is being retained solely and exclusively 
                for police training purposes;
                    (E) any member of the public who is a subject of 
                the video footage;
                    (F) any parent or legal guardian of a minor who is 
                a subject of the video footage; or
                    (G) a deceased subject's spouse, next of kin, or 
                legally authorized designee.
    (k) Public Review.--For purposes of subparagraphs (E), (F), and (G) 
of subsection (j)(2), any member of the public who is a subject of 
video footage, the parent or legal guardian of a minor who is a subject 
of the video footage, or a deceased subject's next of kin or legally 
authorized designee, shall be permitted to review the specific video 
footage in question in order to make a determination as to whether they 
will voluntarily request it be subjected to a minimum 3-year retention 
period.
    (l) Disclosure.--
            (1) In general.--Except as provided in paragraph (2), all 
        video footage of an interaction or event captured by a body 
        camera, if that interaction or event is identified with 
        reasonable specificity and requested by a member of the public, 
        shall be provided to the person or entity making the request in 
        accordance with the procedures for requesting and providing 
        government records set forth in the section 552a of title 5, 
        United States Code.
            (2) Exceptions.--The following categories of video footage 
        shall not be released to the public in the absence of express 
        written permission from the non-law enforcement subjects of the 
        video footage:
                    (A) Video footage not subject to a minimum 3-year 
                retention period pursuant to subsection (j).
                    (B) Video footage that is subject to a minimum 3-
                year retention period solely and exclusively pursuant 
                to paragraph (1)(B) or (2) of subsection (j).
            (3) Priority of requests.--Notwithstanding any time periods 
        established for acknowledging and responding to records 
        requests in section 552a of title 5, United States Code, 
        responses to requests for video footage that is subject to a 
        minimum 3-year retention period pursuant to subsection 
        (j)(1)(A), where a subject of the video footage is recorded 
        being killed, shot by a firearm, or grievously injured, shall 
        be prioritized and, if approved, the requested video footage 
        shall be provided as expeditiously as possible, but in no 
        circumstances later than 5 days following receipt of the 
        request.
            (4) Use of redaction technology.--
                    (A) In general.--Whenever doing so is necessary to 
                protect personal privacy, the right to a fair trial, 
                the identity of a confidential source or crime victim, 
                or the life or physical safety of any person appearing 
                in video footage, redaction technology may be used to 
                obscure the face and other personally identifying 
                characteristics of that person, including the tone of 
                the person's voice, provided the redaction does not 
                interfere with a viewer's ability to fully, completely, 
                and accurately comprehend the events captured on the 
                video footage.
                    (B) Requirements.--The following requirements shall 
                apply to redactions under subparagraph (A):
                            (i) When redaction is performed on video 
                        footage pursuant to this paragraph, an 
                        unedited, original version of the video footage 
                        shall be retained pursuant to the requirements 
                        of subsections (i) and (j).
                            (ii) Except pursuant to the rules for the 
                        redaction of video footage set forth in this 
                        subsection or where it is otherwise expressly 
                        authorized by this Act, no other editing or 
                        alteration of video footage, including a 
                        reduction of the video footage's resolution, 
                        shall be permitted.
    (m) Prohibited Withholding of Footage.--Body camera video footage 
may not be withheld from the public on the basis that it is an 
investigatory record or was compiled for law enforcement purposes where 
any person under investigation or whose conduct is under review is a 
police officer or other law enforcement employee and the video footage 
relates to that person's conduct in their official capacity.
    (n) Admissibility.--Any video footage retained beyond 6 months 
solely and exclusively pursuant to subsection (j)(2)(D) shall not be 
admissible as evidence in any criminal or civil legal or administrative 
proceeding.
    (o) Confidentiality.--No government agency or official, or law 
enforcement agency, officer, or official may publicly disclose, 
release, or share body camera video footage unless--
            (1) doing so is expressly authorized pursuant to this part 
        or another applicable law; or
            (2) the video footage is subject to public release pursuant 
        to subsection (l), and not exempted from public release 
        pursuant to subsection (l)(1).
    (p) Limitation on Federal Law Enforcement Officer Viewing of Body 
Camera Footage.--No Federal law enforcement officer shall review or 
receive an accounting of any body camera video footage that is subject 
to a minimum 3-year retention period pursuant to subsection (j)(1) 
prior to completing any required initial reports, statements, and 
interviews regarding the recorded event, unless doing so is necessary, 
while in the field, to address an immediate threat to life or safety.
    (q) Additional Limitations.--Video footage may not be--
            (1) in the case of footage that is not subject to a minimum 
        3-year retention period, viewed by any superior officer of a 
        Federal law enforcement officer whose body camera recorded the 
        footage absent a specific allegation of misconduct; or
            (2) divulged or used by any law enforcement agency for any 
        commercial or other non-law enforcement purpose.
    (r) Third Party Maintenance of Footage.--Where a law enforcement 
agency authorizes a third party to act as its agent in maintaining body 
camera footage, the agent shall not be permitted to independently 
access, view, or alter any video footage, except to delete videos as 
required by law or agency retention policies.
    (s) Enforcement.--
            (1) In general.--If any Federal law enforcement officer, or 
        any employee or agent of a Federal law enforcement agency fails 
        to adhere to the recording or retention requirements contained 
        in this part, intentionally interferes with a body camera's 
        ability to accurately capture video footage, or otherwise 
        manipulates the video footage captured by a body camera during 
        or after its operation--
                    (A) appropriate disciplinary action shall be taken 
                against the individual officer, employee, or agent;
                    (B) a rebuttable evidentiary presumption shall be 
                adopted in favor of a criminal defendant who reasonably 
                asserts that exculpatory evidence was destroyed or not 
                captured; and
                    (C) a rebuttable evidentiary presumption shall be 
                adopted on behalf of a civil plaintiff suing the 
                Government, a Federal law enforcement agency, or a 
                Federal law enforcement officer for damages based on 
                misconduct who reasonably asserts that evidence 
                supporting their claim was destroyed or not captured.
            (2) Proof compliance was impossible.--The disciplinary 
        action requirement and rebuttable presumptions described in 
        paragraph (1) may be overcome by contrary evidence or proof of 
        exigent circumstances that made compliance impossible.
    (t) Use of Force Investigations.--In the case that a Federal law 
enforcement officer equipped with a body camera is involved in, a 
witness to, or within viewable sight range of either the use of force 
by another law enforcement officer that results in a death, the use of 
force by another law enforcement officer, during which the discharge of 
a firearm results in an injury, or the conduct of another law 
enforcement officer that becomes the subject of a criminal 
investigation--
            (1) the law enforcement agency that employs the law 
        enforcement officer, or the agency or department conducting the 
        related criminal investigation, as appropriate, shall promptly 
        take possession of the body camera, and shall maintain such 
        camera, and any data on such camera, in accordance with the 
        applicable rules governing the preservation of evidence;
            (2) a copy of the data on such body camera shall be made in 
        accordance with prevailing forensic standards for data 
        collection and reproduction; and
            (3) such copied data shall be made available to the public 
        in accordance with subsection (l).
    (u) Limitation on Use of Footage as Evidence.--Any body camera 
video footage recorded by a Federal law enforcement officer that 
violates this part or any other applicable law may not be offered as 
evidence by any government entity, agency, department, prosecutorial 
office, or any other subdivision thereof in any criminal or civil 
action or proceeding against any member of the public.
    (v) Publication of Agency Policies.--Any Federal law enforcement 
agency policy or other guidance regarding body cameras, their use, or 
the video footage therefrom that is adopted by a Federal agency or 
department, shall be made publicly available on that agency's website.
    (w) Rule of Construction.--Nothing in this part shall be construed 
to preempt any laws governing the maintenance, production, and 
destruction of evidence in criminal investigations and prosecutions.

SEC. 373. PATROL VEHICLES WITH IN-CAR VIDEO RECORDING CAMERAS.

    (a) Definitions.--In this section:
            (1) Audio recording.--The term ``audio recording'' means 
        the recorded conversation between a Federal law enforcement 
        officer and a second party.
            (2) Emergency lights.--The term ``emergency lights'' means 
        oscillating, rotating, or flashing lights on patrol vehicles.
            (3) Enforcement or investigative stop.--The term 
        ``enforcement or investigative stop'' means an action by a 
        Federal law enforcement officer in relation to enforcement and 
        investigation duties, including traffic stops, pedestrian 
        stops, abandoned vehicle contacts, motorist assists, commercial 
        motor vehicle stops, roadside safety checks, requests for 
        identification, or responses to requests for emergency 
        assistance.
            (4) In-car video camera.--The term ``in-car video camera'' 
        means a video camera located in a patrol vehicle.
            (5) In-car video camera recording equipment.--The term 
        ``in-car video camera recording equipment'' means a video 
        camera recording system located in a patrol vehicle consisting 
        of a camera assembly, recording mechanism, and an in-car video 
        recording medium.
            (6) Recording.--The term ``recording'' means the process of 
        capturing data or information stored on a recording medium as 
        required under this section.
            (7) Recording medium.--The term ``recording medium'' means 
        any recording medium for the retention and playback of recorded 
        audio and video including VHS, DVD, hard drive, solid state, 
        digital, or flash memory technology.
            (8) Wireless microphone.--The term ``wireless microphone'' 
        means a device worn by a Federal law enforcement officer or any 
        other equipment used to record conversations between the 
        officer and a second party and transmitted to the recording 
        equipment.
    (b) Requirements.--
            (1) In general.--Each Federal law enforcement agency shall 
        install in-car video camera recording equipment in all patrol 
        vehicles with a recording medium capable of recording for a 
        period of 10 hours or more and capable of making audio 
        recordings with the assistance of a wireless microphone.
            (2) Recording equipment requirements.--In-car video camera 
        recording equipment with a recording medium capable of 
        recording for a period of 10 hours or more shall record 
        activities--
                    (A) whenever a patrol vehicle is assigned to patrol 
                duty;
                    (B) outside a patrol vehicle whenever--
                            (i) a Federal law enforcement officer 
                        assigned that patrol vehicle is conducting an 
                        enforcement or investigative stop;
                            (ii) patrol vehicle emergency lights are 
                        activated or would otherwise be activated if 
                        not for the need to conceal the presence of law 
                        enforcement; or
                            (iii) an officer reasonably believes 
                        recording may assist with prosecution, enhance 
                        safety, or for any other lawful purpose; and
                    (C) inside the vehicle when transporting an 
                arrestee or when an officer reasonably believes 
                recording may assist with prosecution, enhance safety, 
                or for any other lawful purpose.
            (3) Requirements for recording.--
                    (A) In general.--A Federal law enforcement officer 
                shall begin recording for an enforcement or 
                investigative stop when the officer determines an 
                enforcement stop is necessary and shall continue until 
                the enforcement action has been completed and the 
                subject of the enforcement or investigative stop or the 
                officer has left the scene.
                    (B) Activation with lights.--A Federal law 
                enforcement officer shall begin recording when patrol 
                vehicle emergency lights are activated or when they 
                would otherwise be activated if not for the need to 
                conceal the presence of law enforcement, and shall 
                continue until the reason for the activation ceases to 
                exist, regardless of whether the emergency lights are 
                no longer activated.
                    (C) Permissible recording.--A Federal law 
                enforcement officer may begin recording if the officer 
                reasonably believes recording may assist with 
                prosecution, enhance safety, or for any other lawful 
                purpose; and shall continue until the reason for 
                recording ceases to exist.
            (4) Enforcement or investigative stops.--A Federal law 
        enforcement officer shall record any enforcement or 
        investigative stop. Audio recording shall terminate upon 
        release of the violator and prior to initiating a separate 
        criminal investigation.
    (c) Retention of Recordings.--Recordings made on in-car video 
camera recording medium shall be retained for a storage period of at 
least 90 days. Under no circumstances shall any recording made on in-
car video camera recording medium be altered or erased prior to the 
expiration of the designated storage period. Upon completion of the 
storage period, the recording medium may be erased and reissued for 
operational use unless otherwise ordered or if designated for 
evidentiary or training purposes.
    (d) Accessibility of Recordings.--Audio or video recordings made 
pursuant to this section shall be available under the applicable 
provisions of section 552a of title 5, United States Code. Only 
recorded portions of the audio recording or video recording medium 
applicable to the request will be available for inspection or copying.
    (e) Maintenance Required.--The agency shall ensure proper care and 
maintenance of in-car video camera recording equipment and recording 
medium. An officer operating a patrol vehicle must immediately document 
and notify the appropriate person of any technical difficulties, 
failures, or problems with the in-car video camera recording equipment 
or recording medium. Upon receiving notice, every reasonable effort 
shall be made to correct and repair any of the in-car video camera 
recording equipment or recording medium and determine if it is in the 
public interest to permit the use of the patrol vehicle.

SEC. 374. FACIAL RECOGNITION TECHNOLOGY.

    No camera or recording device authorized or required to be used 
under this part may be equipped with or employ facial recognition 
technology, and footage from such a camera or recording device may not 
be subjected to facial recognition technology.

SEC. 375. GAO STUDY.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States shall conduct a study on 
Federal law enforcement officer training, vehicle pursuits, use of 
force, and interaction with citizens, and submit a report on such study 
to--
            (1) the Committees on the Judiciary of the House of 
        Representatives and of the Senate;
            (2) the Committee on Oversight and Reform of the House of 
        Representatives; and
            (3) the Committee on Homeland Security and Governmental 
        Affairs of the Senate.

SEC. 376. REGULATIONS.

    Not later than 6 months after the date of the enactment of this 
Act, the Attorney General shall issue such final regulations as are 
necessary to carry out this part.

SEC. 377. RULE OF CONSTRUCTION.

    Nothing in this part shall be construed to impose any requirement 
on a Federal law enforcement officer outside of the course of carrying 
out that officer's duty.

                       PART 2--POLICE CAMERA ACT

SEC. 381. SHORT TITLE.

    This part may be cited as the ``Police Creating Accountability by 
Making Effective Recording Available Act of 2021'' or the ``Police 
CAMERA Act of 2021''.

SEC. 382. LAW ENFORCEMENT BODY-WORN CAMERA REQUIREMENTS.

    (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 334, is amended by adding at the end 
the following:
            ``(10) An assurance that, for each fiscal year covered by 
        an application, the applicant will use not less than 5 percent 
        of the total amount of the grant award for the fiscal year to 
        develop policies and protocols in compliance with part OO.''.
    (b) Requirements.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at 
the end the following:

     ``PART OO--LAW ENFORCEMENT BODY-WORN CAMERAS AND RECORDED DATA

``SEC. 3051. USE OF GRANT FUNDS.

    ``(a) In General.--Grant amounts described in paragraph (10) of 
section 502(a) of this title--
            ``(1) shall be used--
                    ``(A) to purchase or lease body-worn cameras for 
                use by State, local, and tribal law enforcement 
                officers (as defined in section 2503);
                    ``(B) for expenses related to the implementation of 
                a body-worn camera program in order to deter excessive 
                force, improve accountability and transparency of use 
                of force by law enforcement officers, assist in 
                responding to complaints against law enforcement 
                officers, and improve evidence collection; and
                    ``(C) to implement policies or procedures to comply 
                with the requirements described in subsection (b); and
            ``(2) may not be used for expenses related to facial 
        recognition technology.
    ``(b) Requirements.--A recipient of a grant under subpart 1 of part 
E of this title shall--
            ``(1) establish policies and procedures in accordance with 
        the requirements described in subsection (c) before law 
        enforcement officers use of body-worn cameras;
            ``(2) adopt recorded data collection and retention 
        protocols as described in subsection (d) before law enforcement 
        officers use of body-worn cameras;
            ``(3) make the policies and protocols described in 
        paragraphs (1) and (2) available to the public; and
            ``(4) comply with the requirements for use of recorded data 
        under subsection (f).
    ``(c) Required Policies and Procedures.--A recipient of a grant 
under subpart 1 of part E of this title shall--
            ``(1) develop with community input and publish for public 
        view policies and protocols for--
                    ``(A) the safe and effective use of body-worn 
                cameras;
                    ``(B) the secure storage, handling, and destruction 
                of recorded data collected by body-worn cameras;
                    ``(C) protecting the privacy rights of any 
                individual who may be recorded by a body-worn camera;
                    ``(D) the release of any recorded data collected by 
                a body-worn camera in accordance with the open records 
                laws, if any, of the State; and
                    ``(E) making recorded data available to 
                prosecutors, defense attorneys, and other officers of 
                the court in accordance with subparagraph (E); and
            ``(2) conduct periodic evaluations of the security of the 
        storage and handling of the body-worn camera data.
    ``(d) Recorded Data Collection and Retention Protocol.--The 
recorded data collection and retention protocol described in this 
paragraph is a protocol that--
            ``(1) requires--
                    ``(A) a law enforcement officer who is wearing a 
                body-worn camera to provide an explanation if an 
                activity that is required to be recorded by the body-
                worn camera is not recorded;
                    ``(B) a law enforcement officer who is wearing a 
                body-worn camera to obtain consent to be recorded from 
                a crime victim or witness before interviewing the 
                victim or witness;
                    ``(C) the collection of recorded data unrelated to 
                a legitimate law enforcement purpose be minimized to 
                the greatest extent practicable;
                    ``(D) the system used to store recorded data 
                collected by body-worn cameras to log all viewing, 
                modification, or deletion of stored recorded data and 
                to prevent, to the greatest extent practicable, the 
                unauthorized access or disclosure of stored recorded 
                data;
                    ``(E) any law enforcement officer be prohibited 
                from accessing the stored data without an authorized 
                purpose; and
                    ``(F) the law enforcement agency to collect and 
                report statistical data on--
                            ``(i) incidences of use of force, 
                        disaggregated by race, ethnicity, gender, and 
                        age of the victim;
                            ``(ii) the number of complaints filed 
                        against law enforcement officers;
                            ``(iii) the disposition of complaints filed 
                        against law enforcement officers;
                            ``(iv) the number of times camera footage 
                        is used for evidence collection in 
                        investigations of crimes; and
                            ``(v) any other additional statistical data 
                        that the Director determines should be 
                        collected and reported;
            ``(2) allows an individual to file a complaint with a law 
        enforcement agency relating to the improper use of body-worn 
        cameras; and
            ``(3) complies with any other requirements established by 
        the Director.
    ``(e) Reporting.--Statistical data required to be collected under 
subsection (d)(1)(D) shall be reported to the Director, who shall--
            ``(1) establish a standardized reporting system for 
        statistical data collected under this program; and
            ``(2) establish a national database of statistical data 
        recorded under this program.
    ``(f) Use or Transfer of Recorded Data.--
            ``(1) In general.--Recorded data collected by an entity 
        receiving a grant under a grant under subpart 1 of part E of 
        this title from a body-worn camera shall be used only in 
        internal and external investigations of misconduct by a law 
        enforcement agency or officer, if there is reasonable suspicion 
        that a recording 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 entity from a body-worn camera to another law 
        enforcement or intelligence agency.
            ``(3) Exceptions.--
                    ``(A) Criminal investigation.--An entity 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 another law enforcement agency or 
                intelligence agency for use in a criminal investigation 
                if the requesting law enforcement or intelligence 
                agency has reasonable suspicion that the requested data 
                contains evidence relating to the crime being 
                investigated.
                    ``(B) Civil rights claims.--An entity receiving a 
                grant under subpart 1 of part E of this title may 
                transfer recorded data collected by the law enforcement 
                agency from a body-worn camera to another law 
                enforcement agency for use in an investigation of the 
                violation of any right, privilege, or immunity secured 
                or protected by the Constitution or laws of the United 
                States.
    ``(g) Audit and Assessment.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of this part, the Director of the Office of Audit, 
        Assessment, and Management shall perform an assessment of the 
        use of funds under this section and the policies and protocols 
        of the grantees.
            ``(2) Reports.--Not later than September 1 of each year, 
        beginning 2 years after the date of enactment of this part, 
        each recipient of a grant under subpart 1 of part E of this 
        title shall submit to the Director of the Office of Audit, 
        Assessment, and Management a report that--
                    ``(A) describes the progress of the body-worn 
                camera program; and
                    ``(B) contains recommendations on ways in which the 
                Federal Government, States, and units of local 
                government can further support the implementation of 
                the program.
            ``(3) Review.--The Director of the Office of Audit, 
        Assessment, and Management shall evaluate the policies and 
        protocols of the grantees and take such steps as the Director 
        of the Office of Audit, Assessment, and Management determines 
        necessary to ensure compliance with the program.

``SEC. 3052. BODY-WORN CAMERA TRAINING TOOLKIT.

    ``(a) In General.--The Director shall establish and maintain a 
body-worn camera training toolkit for law enforcement agencies, 
academia, and other relevant entities to provide training and technical 
assistance, including best practices for implementation, model policies 
and procedures, and research materials.
    ``(b) Mechanism.--In establishing the toolkit required to under 
subsection (a), the Director may consolidate research, practices, 
templates, and tools that been developed by expert and law enforcement 
agencies across the country.

``SEC. 3053. STUDY.

    ``(a) In General.--Not later than 2 years after the date of 
enactment of the Police CAMERA Act of 2021, the Director shall conduct 
a study on--
            ``(1) the efficacy of body-worn cameras in deterring 
        excessive force by law enforcement officers;
            ``(2) the impact of body-worn cameras on the accountability 
        and transparency of the use of force by law enforcement 
        officers;
            ``(3) the impact of body-worn cameras on responses to and 
        adjudications of complaints of excessive force;
            ``(4) the effect of the use of body-worn cameras on the 
        safety of law enforcement officers on patrol;
            ``(5) the effect of the use of body-worn cameras on public 
        safety;
            ``(6) the impact of body-worn cameras on evidence 
        collection for criminal investigations;
            ``(7) issues relating to the secure storage and handling of 
        recorded data from the body-worn cameras;
            ``(8) issues relating to the privacy of individuals and 
        officers recorded on body-worn cameras;
            ``(9) issues relating to the constitutional rights of 
        individuals on whom facial recognition technology is used;
            ``(10) issues relating to limitations on the use of facial 
        recognition technology;
            ``(11) issues relating to the public's access to body-worn 
        camera footage;
            ``(12) the need for proper training of law enforcement 
        officers that use body-worn cameras;
            ``(13) best practices in the development of protocols for 
        the safe and effective use of body-worn cameras;
            ``(14) a review of law enforcement agencies that found 
        body-worn cameras to be unhelpful in the operations of the 
        agencies; and
            ``(15) any other factors that the Director determines are 
        relevant in evaluating the efficacy of body-worn cameras.
    ``(b) Report.--Not later than 180 days after the date on which the 
study required under subsection (a) is completed, the Director shall 
submit to Congress a report on the study, which shall include any 
policy recommendations that the Director considers appropriate.''.

         TITLE IV--CLOSING THE LAW ENFORCEMENT CONSENT LOOPHOLE

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Closing the Law Enforcement 
Consent Loophole Act of 2021''.

SEC. 402. PROHIBITION ON ENGAGING IN SEXUAL ACTS WHILE ACTING UNDER 
              COLOR OF LAW.

    (a) In General.--Section 2243 of title 18, United States Code, is 
amended--
            (1) in the section heading, by adding at the end the 
        following: ``or by any person acting under color of law'';
            (2) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively;
            (3) by inserting after subsection (b) the following:
    ``(c) Of an Individual by Any Person Acting Under Color of Law.--
            ``(1) In general.--Whoever, acting under color of law, 
        knowingly engages in a sexual act with an individual, including 
        an individual who is under arrest, in detention, or otherwise 
        in the actual custody of any Federal law enforcement officer, 
        shall be fined under this title, imprisoned not more than 15 
        years, or both.
            ``(2) Definition.--In this subsection, the term `sexual 
        act' has the meaning given the term in section 2246.''; and
            (4) in subsection (d), as so redesignated, by adding at the 
        end the following:
    ``(3) In a prosecution under subsection (c), it is not a defense 
that the other individual consented to the sexual act.''.
    (b) Definition.--Section 2246 of title 18, United States Code, is 
amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by inserting after paragraph (6) the following:
            ``(7) the term `Federal law enforcement officer' has the 
        meaning given the term in section 115.''.
    (c) Clerical Amendment.--The table of sections for chapter 109A of 
title 18, United States Code, is amended by amending the item related 
to section 2243 to read as follows:

``2243. Sexual abuse of a minor or ward or by any person acting under 
                            color of law.''.

SEC. 403. ENACTMENT OF LAWS PENALIZING ENGAGING IN SEXUAL ACTS WHILE 
              ACTING UNDER COLOR OF LAW.

    (a) In General.--Beginning in the first fiscal year that begins 
after the date that is one year after the date of enactment of this 
Act, in the case of a State or unit of local government that does not 
have in effect a law described in subsection (b), if that State or unit 
of local government that would otherwise receive funds under the COPS 
grant program, that State or unit of local government shall not be 
eligible to receive such funds. In the case of a multi-jurisdictional 
or regional consortium, if any member of that consortium is a State or 
unit of local government that does not have in effect a law described 
in subsection (b), if that consortium would otherwise receive funds 
under the COPS grant program, that consortium shall not be eligible to 
receive such funds.
    (b) Description of Law.--A law described in this subsection is a 
law that--
            (1) makes it a criminal offense for any person acting under 
        color of law of the State or unit of local government to engage 
        in a sexual act with an individual, including an individual who 
        is under arrest, in detention, or otherwise in the actual 
        custody of any law enforcement officer; and
            (2) prohibits a person charged with an offense described in 
        paragraph (1) from asserting the consent of the other 
        individual as a defense.
    (c) Reporting Requirement.--A State or unit of local government 
that receives a grant under the COPS grant program shall submit to the 
Attorney General, on an annual basis, information on--
            (1) the number of reports made to law enforcement agencies 
        in that State or unit of local government regarding persons 
        engaging in a sexual act while acting under color of law during 
        the previous year; and
            (2) the disposition of each case in which sexual misconduct 
        by a person acting under color of law was reported during the 
        previous year.

SEC. 404. REPORTS TO CONGRESS.

    (a) Report by Attorney General.--Not later than 1 year after the 
date of enactment of this Act, and each year thereafter, the Attorney 
General shall submit to Congress a report containing--
            (1) the information required to be reported to the Attorney 
        General under section 403(b); and
            (2) information on--
                    (A) the number of reports made, during the previous 
                year, to Federal law enforcement agencies regarding 
                persons engaging in a sexual act while acting under 
                color of law; and
                    (B) the disposition of each case in which sexual 
                misconduct by a person acting under color of law was 
                reported.
    (b) Report by GAO.--Not later than 1 year after the date of 
enactment of this Act, and each year thereafter, the Comptroller 
General of the United States shall submit to Congress a report on any 
violations of section 2243(c) of title 18, United States Code, as 
amended by section 402, committed during the 1-year period covered by 
the report.

SEC. 405. DEFINITION.

    In this title, the term ``sexual act'' has the meaning given the 
term in section 2246 of title 18, United States Code.

                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. SEVERABILITY.

    If any provision of this Act, or the application of such a 
provision to any person or circumstance, is held to be 
unconstitutional, the remainder of this Act and the application of the 
remaining provisions of this Act to any person or circumstance shall 
not be affected thereby.

SEC. 502. SAVINGS CLAUSE.

    Nothing in this Act shall be construed--
            (1) to limit legal or administrative remedies under section 
        1979 of the Revised Statutes of the United States (42 U.S.C. 
        1983), section 210401 of the Violent Crime Control and Law 
        Enforcement Act of 1994 (34 U.S.C. 12601), title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
        10101 et seq.), or title VI of the Civil Rights Act of 1964 (42 
        U.S.C. 2000d et seq.);
            (2) to affect any Federal, State, or Tribal law that 
        applies to an Indian Tribe because of the political status of 
        the Tribe; or
            (3) to waive the sovereign immunity of an Indian Tribe 
        without the consent of the Tribe.
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