[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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