Just and Unifying Solutions To Invigorate Communities Everywhere Act of 2020 or the JUSTICE Act
This bill addresses policies and issues regarding policing practices and law enforcement accountability. The bill funds state and local grants, incentivizes state and local reporting on the use of certain policing practices, creates new federal offenses for certain misconduct, establishes a commission to study the conditions affecting Black men and boys, and establishes best practices and training requirements.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3985 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 480
116th CONGRESS
2d Session
S. 3985
To improve and reform policing practices, accountability and
transparency.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 17, 2020
Mr. Scott of South Carolina (for himself, Mr. McConnell, Mr. Cornyn,
Mr. Graham, Mrs. Capito, Mr. Sasse, Mr. Lankford, Mr. Alexander, Ms.
McSally, Mr. Tillis, Mr. Braun, Mr. Roberts, Mr. Burr, Mr. Cramer, Mr.
Rubio, Mr. Thune, Mr. Wicker, Mr. Daines, Mr. Blunt, Mr. Inhofe, Mr.
Hoeven, Ms. Collins, Mr. Crapo, Ms. Ernst, Mrs. Fischer, Mr. Young, Mr.
Boozman, Mr. Romney, Mr. Risch, Mr. Grassley, Mr. Portman, Mr. Gardner,
Mr. Enzi, Mr. Cotton, Mr. Shelby, Mrs. Loeffler, Mr. Rounds, Mr.
Kennedy, Mr. Barrasso, Mr. Perdue, Mrs. Blackburn, Mrs. Hyde-Smith, Mr.
Cassidy, Mr. Johnson, Mr. Moran, Mr. Cruz, and Mr. Sullivan) introduced
the following bill; which was read the first time
June 18, 2020
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To improve and reform policing practices, accountability and
transparency.
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 ``Just and Unifying
Solutions To Invigorate Communities Everywhere Act of 2020'' or the
``JUSTICE Act''.
(b) Table of Contents.--The table of contents for this Act shall be
as follows:
Sec. 1. Short title; table of contents.
TITLE I--LAW ENFORCEMENT REFORMS
Sec. 101. George Floyd and Walter Scott Notification Act.
Sec. 102. Breonna Taylor Notification Act.
Sec. 103. Guidance.
Sec. 104. Compliance assistance grants.
Sec. 105. Incentivizing banning of chokeholds.
Sec. 106. Falsifying police incident reports.
TITLE II--BODY-WORN CAMERAS
Sec. 201. Body-Worn Camera Partnership Grant Program.
Sec. 202. Penalties for failure to use body-worn cameras.
TITLE III--LAW ENFORCEMENT RECORDS RETENTION
Sec. 301. Law enforcement records retention.
TITLE IV--JUSTICE FOR VICTIMS OF LYNCHING
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Lynching.
TITLE V--COMMISSION ON THE SOCIAL STATUS OF BLACK MEN AND BOYS ACT
Sec. 501. Short title.
Sec. 502. Commission establishment and membership.
Sec. 503. Other matters relating to appointment; removal.
Sec. 504. Leadership election.
Sec. 505. Commission duties and powers.
Sec. 506. Commission meeting requirements.
Sec. 507. Annual report guidelines.
Sec. 508. Commission compensation.
TITLE VI--ALTERNATIVES TO THE USE OF FORCE, DE-ESCALATION, BEHAVIORAL
HEALTH CRISES AND DUTY TO INTERVENE TRAINING
Sec. 601. Training on alternatives to use of force, de-escalation, and
behavioral health crises.
Sec. 602. Training on duty to intervene.
TITLE VII--NATIONAL CRIMINAL JUSTICE COMMISSION ACT
Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Establishment of Commission.
Sec. 704. Purpose of the Commission.
Sec. 705. Review, recommendations, and report.
Sec. 706. Membership.
Sec. 707. Administration.
Sec. 708. Direct appropriations.
Sec. 709. Sunset.
TITLE VIII--LAW ENFORCEMENT AGENCY HIRING AND EDUCATION
Subtitle A--Hiring
Sec. 801. Law enforcement agency hiring.
Sec. 802. Reauthorization of law enforcement grant programs.
Subtitle B--Training
Sec. 811. Definitions.
Sec. 812. Program authorized.
Sec. 813. Online education resources.
Sec. 814. National Museum of African American History and Culture
Council.
Sec. 815. Engagement of eligible program participants.
Sec. 816. Annual report.
TITLE IX--BEST PRACTICES AND STUDIES
Sec. 901. Best practices.
Sec. 902. Study.
Sec. 903. Mental health study.
Sec. 904. Study and proposal on improving accountability for DOJ
grants.
TITLE X--CLOSING THE LAW ENFORCEMENT CONSENT LOOPHOLE ACT
Sec. 1001. Prohibition on engaging in sexual acts while acting under
color of law.
Sec. 1002. Incentive for States.
Sec. 1003. Reports to Congress.
TITLE XI--EMERGENCY FUNDING
Sec. 1101. Emergency designation.
TITLE I--LAW ENFORCEMENT REFORMS
SEC. 101. GEORGE FLOYD AND WALTER SCOTT NOTIFICATION ACT.
(a) Short Title.--This section may be cited as the ``George Floyd
and Walter Scott Notification Act''.
(b) National Use-of-Force Data Collection.--Section 501 of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10152) is amended by adding at the end the following:
``(h) National Use-of-Force Data Collection.--
``(1) Definitions.--In this section--
``(A) the term `law enforcement officer'--
``(i) means any officer, agent, or employee
of a State, unit of local government, or an
Indian tribe authorized by law or by a
government agency to engage in or supervise the
prevention detection, or investigation of any
violation of criminal law, or authorized by law
to supervise sentenced criminal offenders; and
``(ii) includes an individual described in
clause (i) who is employed or volunteers in a
full-time, part-time, or auxiliary capacity;
``(B) the term `National Use-of-Force Data
Collection' means the National Use-of-Force Data
Collection of the Federal Bureau of Investigation; and
``(C) the term `serious bodily injury' means bodily
injury that involves a substantial risk of death,
unconsciousness, extreme physical pain, protracted and
obvious disfigurement, or protracted loss or impairment
of the function of a bodily member, organ, or mental
faculty.
``(2) Reporting requirement.--For each fiscal year in which
a State or unit of local government receives funds under
subsection (a), the State or unit of local government shall
report to the National Use-of-Force Data Collection on an
annual basis and pursuant to guidelines established by the
Federal Bureau of Investigation, information regarding--
``(A) a use-of-force event by a law enforcement
officer in the State or unit of local government that
involves--
``(i) the fatality of an individual that is
connected to use of force by a law enforcement
officer;
``(ii) the serious bodily injury of an
individual that is connected to use of force by
a law enforcement officer; and
``(iii) in the absence of either death or
serious bodily injury, when a firearm is
discharged by a law enforcement officer at or
in the direction of an individual;
``(B) any event in which a firearm is discharged by
a civilian at or in the direction of a law enforcement
officer; and
``(C) the death or serious bodily injury of a law
enforcement officer that results from any discharge of
a firearm by a civilian, or any other means, including
whether the law enforcement officer was killed or
suffered serious bodily injury as part of an ambush or
calculated attack.
``(3) Information required.--For each use-of-force event
required to be reported under paragraph (2), the following
information shall be provided, as required by the Federal
Bureau of Investigation:
``(A) Incident information.
``(B) Subject information.
``(C) Officer information.
``(4) Compliance.--
``(A) Ineligibility for funds.--
``(i) First fiscal year.--
``(I) States.--For the first fiscal
year beginning after the date of
enactment of the George Floyd and
Walter Scott Notification Act in which
a State fails to comply with paragraph
(2) with respect to a State law
enforcement agency, the State shall be
subject to a 20-percent reduction of
the funds that would otherwise be
allocated for retention by the State
under section 505(c) for that fiscal
year, and if any unit of local
government within the State fails to
comply with paragraph (2), the State
shall be subject to a reduction of the
funds allocated for retention by the
State under section 505(c) that is
equal to the percentage of the
population of the State represented by
the unit of local government, not to
exceed 20 percent.
``(II) Local governments.--For the
first fiscal year beginning after the
date of enactment of the George Floyd
and Walter Scott Notification Act in
which a unit of local government fails
to comply with paragraph (2), the unit
of local government shall be subject to
a 20-percent reduction of the funds
that would otherwise be allocated to
the unit of local government for that
fiscal year under this subpart.
``(ii) Subsequent fiscal years.--
``(I) States.--Beginning in the
first fiscal year beginning after the
first fiscal year described in clause
(i)(I) in which a State fails to comply
with paragraph (2) with respect to a
State law enforcement agency, the
percentage by which the funds described
in clause (i)(I) are reduced shall be
increased by 5 percent each fiscal year
the State fails to comply with
paragraph (2), except that such
reduction shall not exceed 25 percent
in any fiscal year.
``(II) Local governments.--
Beginning in the first fiscal year
beginning after the first fiscal year
described in clause (i)(II) in which a
unit of local government fails to
comply with paragraph (2), the
percentage by which the funds described
in clause (i)(II) are reduced shall be
increased by 5 percent each fiscal year
the unit of local government fails to
comply with paragraph (2), except that
such reduction shall not exceed 25
percent in any fiscal year.
``(B) Reallocation.--Amounts not allocated under a
program referred to in subparagraph (A) to a State or
unit of local government for failure to comply with
paragraph (2) shall be reallocated under the program to
States or units of local government that have complied
with paragraph (2).
``(5) Public availability of data.--Not later than 1 year
after the date of enactment of this Act, and each year
thereafter, the Director of the Federal Bureau of Investigation
shall publish, and make available to the public, the National
Use-of-Force Data Collection.
``(6) FBI outreach and technical assistance.--The Director
of the Federal Bureau of Investigation shall provide to a State
or unit of local government technical assistance and training
for the collection and submission of data in accordance with
this subsection.''.
SEC. 102. BREONNA TAYLOR NOTIFICATION ACT.
(a) Short Title.--This section may be cited as the ``Breonna Taylor
Notification Act of 2020''.
(b) No-knock Warrant Reports.--Section 501 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152),
as amended by section 101 of this Act, is amended by adding at the end
the following:
``(i) No-knock Warrant Reports.--
``(1) Definitions.--In this subsection:
``(A) 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.
``(B) No-knock warrant.--The term `no-knock
warrant' means a warrant that authorizes a law
enforcement officer to enter a certain premises to
execute a warrant without first knocking or otherwise
announcing the presence of the law enforcement officer
if a court of competent jurisdiction finds reasonable
suspicion that knocking and announcing the presence of
law enforcement would--
``(i) pose a danger to the officer, a
suspect, or a third party on the premises;
``(ii) inhibit the investigation; or
``(iii) allow the destruction of evidence.
``(C) State law enforcement agency; local law
enforcement agency.--The terms `State law enforcement
agency' and `local law enforcement agency' mean an
agency of a State or unit of local government,
respectively, that is authorized to engage in or
supervise the prevention, detection, investigation, or
prosecution of any violation of criminal law.
``(2) Report to attorney general.--
``(A) Requirement.--
``(i) In general.--Subject to clause (iii),
not later than January 31 of the first calendar
year beginning after the date of enactment of
the Breonna Taylor Notification Act of 2020,
and annually thereafter--
``(I) a State that receives funds
under subsection (a) shall submit to
the Attorney General a report that
includes, for each no-knock warrant
carried out by a State law enforcement
agency of the State during the
preceding calendar year, the
information described in subclauses (I)
through (V) of paragraph (3)(A)(i); and
``(II) a unit of local government
that receives funds under subsection
(a) shall submit to the Attorney
General a report that includes--
``(aa) for each no-knock
warrant carried out by a local
law enforcement agency of the
unit of local government during
the preceding calendar year,
the information described in
subclauses (I) through (V) of
paragraph (3)(A)(i); and
``(bb) the crime rate data
for the unit of local
government for the preceding
calendar year.
``(ii) State oversight of local
governments.--A State that receives funds under
subsection (a) shall ensure that each unit of
local government within the State submits to
the Attorney General a report that includes, in
accordance with clause (i)(II) of this
subparagraph--
``(I) for each no-knock warrant
carried out by a local law enforcement
agency of the unit of local government
during the preceding calendar year, the
information described in subclauses (I)
through (V) of paragraph (3)(A)(i); and
``(II) the crime rate data for the
unit of local government for the
preceding calendar year.
``(iii) Open investigations.--A State or
unit of local government--
``(I) may not submit the
information described in subclauses (I)
through (V) of paragraph (3)(A)(i) for
a no-knock warrant relating to an
investigation that has not been closed
as of the date on which the applicable
report is due under clause (i) of this
subparagraph; and
``(II) shall include any
information withheld under subclause
(I) in the earliest subsequent report
submitted under clause (i) after the
investigation has been closed.
``(B) Penalty.--
``(i) In general.--
``(I) First fiscal year.--
``(aa) States.--
``(AA) Failure to
comply by state.--For
the first fiscal year
that follows a fiscal
year in which a State
failed to comply with
subparagraph (A) with
respect to a State law
enforcement agency, the
State shall be subject
to a 20-percent
reduction of the funds
that would otherwise be
allocated for retention
by the State under
section 505(c) for that
fiscal year.
``(BB) Failure to
comply by local
government.--For the
first fiscal year that
follows a fiscal year
in which a unit of
local government within
a State failed to
comply with
subparagraph (A), the
State shall be subject
to a reduction of the
funds that would
otherwise be allocated
for retention by the
State under section
505(c) for that fiscal
year by a percentage
that is equal to the
percentage of the
population of the State
that lives in the unit
of local government,
which may not exceed 20
percent.
``(bb) Units of local
government.--For the first
fiscal year that follows a
fiscal year in which a unit of
local government failed to
comply with subparagraph (A),
the unit of local government
shall be subject to a 20-
percent reduction of the funds
that would otherwise be
allocated to the unit of local
government under this subpart
for that fiscal year.
``(II) Subsequent fiscal years.--
``(aa) States.--Beginning
in the first fiscal year
beginning after the first
fiscal year described in
subclause (I)(aa)(AA) in which
a State fails to comply with
subparagraph (A) with respect
to a State law enforcement
agency, the percentage by which
the funds described in
subclause (I)(aa)(AA) are
reduced shall be increased by 5
percent each fiscal year the
State fails to comply with
subparagraph (A) with respect
to a State law enforcement
agency, except that such
reduction shall not exceed 25
percent in any fiscal year.
``(bb) Local governments.--
Beginning in the first fiscal
year beginning after the first
fiscal year described in
subclause (I)(bb) in which a
unit of local government fails
to comply with subparagraph
(A), the percentage by which
the funds described in
subclause (I)(bb) are reduced
shall be increased by 5 percent
each fiscal year the unit of
local government fails to
comply with subparagraph (A),
except that such reduction
shall not exceed 25 percent in
any fiscal year.
``(ii) Reallocation.--Amounts not allocated
by reason of clause (i) to a State or unit of
local government for failure to comply with
subparagraph (A) shall be reallocated to States
or units of local government, respectively,
that have complied with subparagraph (A).
``(iii) Effective date.--Clause (i) shall
take effect with respect to the third annual
report due under subparagraph (A) after the
date of enactment of the Breonna Taylor
Notification Act of 2020.
``(3) Attorney general report.--
``(A) In general.--Subject to subparagraph (B), not
later than March 31 of the first calendar year
beginning after the date of enactment of the Breonna
Taylor Notification Act of 2020, and annually
thereafter, the Attorney General shall publish a report
that includes--
``(i) for each no-knock warrant carried out
by a Federal law enforcement agency, State law
enforcement agency, or local law enforcement
agency during the preceding calendar year--
``(I) the reason for which the
warrant was issued, including each
violation of law listed on the warrant;
``(II) whether, in the course of
carrying out the warrant--
``(aa) force resulting in
property damage, serious bodily
injury, or death was used; or
``(bb) any law enforcement
officer, suspect, or bystander
was injured or killed;
``(III) the sex, race, ethnicity,
and age of each person found at the
location for which the no-knock warrant
was issued;
``(IV) whether the location
searched matched the location described
in the warrant;
``(V) whether the warrant included
the particularized information required
under the Fourth Amendment to the
Constitution of the United States, as
interpreted by the Supreme Court of the
United States, and any other applicable
Federal, State, or local law related to
the use of no-knock warrants; and
``(ii) for each local law enforcement
agency for which information is submitted under
clause (i) for a calendar year, the crime rate
data for the applicable unit of local
government for that calendar year.
``(B) Open investigations.--The Attorney General--
``(i) may not publish any information
described in subparagraph (A) for a no-knock
warrant relating to an investigation that has
not been closed as of the date on which the
applicable report is due under that paragraph;
and
``(ii) shall include any information
withheld under clause (i) in the earliest
subsequent report published under subparagraph
(A) after the investigation has been closed.''.
SEC. 103. GUIDANCE.
(a) In General.--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 and State and local law
enforcement agencies, shall issue guidance on best practices relating
to establishing standard data collection systems that capture the
information required to be reported under subsections (h) and (i) of
section 501 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10152), as added by sections 101 and 102 of this
Act, respectively, and that ensure the reporting under such subsections
(h) and (i) is consistent with data reported under the Death in Custody
Reporting Act of 2013 (34 U.S.C. 60105 et seq.), section 20104(a)(2) of
the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C.
12104(a)(2)), which shall include standard and consistent definitions
for terms, including the term ``use of force''.
(b) Privacy Protections.--Nothing in section 101 or 102 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. 104. COMPLIANCE ASSISTANCE GRANTS.
(a) In General.--The Attorney General may award grants to States
and units of local government to assist in the collection of the
information required to be reported under subsections (h) and (i) of
section 501 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10152), as added by sections 101 and 102 of this
Act, respectively.
(b) Application.--A State or unit of local government seeking a
grant under this section shall submit an application at such time, in
such manner, and containing such information as the Attorney General
may require.
(c) Amount of Grant.--Each grant awarded under this section shall
be not more than $1,000,000.
(d) Direct Appropriations.--For the purpose of making grants under
this section, there is authorized to be appropriated, and there is
appropriated, out of any money in the Treasury not otherwise
appropriated, $112,000,000, to remain available until expended.
SEC. 105. INCENTIVIZING BANNING OF CHOKEHOLDS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) chokeholds are extremely dangerous maneuvers that can
easily result in serious bodily injury or death;
(2) George Floyd's death has become a flashpoint to compel
the need to address the use of chokeholds by law enforcement
officers across the United States;
(3) the National Consensus Policy on Use of Force, a
collaborative effort among 11 of the most significant law
enforcement leadership and labor organizations in the United
States, concluded in a discussion paper on the use of force
that chokeholds are extremely dangerous and recommended
restricting their use, consistent with this section; and
(4) law enforcement agencies throughout the United States
must create policies that guard against the use of this
maneuver to help prevent the death of civilians whom they
encounter, and engender more trust and faith among law
enforcement officers and the communities they serve.
(b) Incentivizing Banning of Chokeholds.--
(1) COPS grant program eligibility.--Section 1701 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10381), as amended by section 601 of this Act, is
amended by adding at the end the following:
``(o) Banning of Chokeholds.--
``(1) Chokehold defined.--In this subsection, the term
`chokehold' means a physical maneuver that restricts an
individual's ability to breathe for the purposes of
incapacitation.
``(2) Limitation on eligibility for funds.--Beginning in
the first fiscal year beginning after the date of enactment of
the JUSTICE Act, a State or unit of local government may not
receive funds under this section 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 an agency-wide policy in
place for each law enforcement agency of the State or unit of
local government that prohibits the use of chokeholds except
when deadly force is authorized.''.
(2) Byrne grant program eligibility.--Section 501 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10152), as amended by section 102 of this Act, is
amended by adding at the end the following:
``(j) Banning of Chokeholds.--
``(1) Chokehold defined.--In this subsection, the term
`chokehold' means a physical maneuver that restricts an
individual's ability to breathe for the purposes of
incapacitation.
``(2) Limitation on eligibility for funds.--Beginning in
the first fiscal year beginning after the date of enactment of
the JUSTICE Act, a State or unit of local government may not
receive funds under this part 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 an agency-wide policy in place
for each law enforcement agency of the State or unit of local
government that prohibits the use of chokeholds except when
deadly force is authorized.''.
(c) Federal Law Enforcement Agencies.--
(1) Definition.--In this subsection, the term ``chokehold''
means a physical maneuver that restricts an individual's
ability to breathe for the purposes of incapacitation.
(2) Federal policy.--The Attorney General shall develop a
policy for Federal law enforcement agencies that bans the use
of chokeholds except when deadly force is authorized.
(3) Requirement.--The head of each Federal law enforcement
agency shall implement the policy developed under paragraph
(2).
SEC. 106. FALSIFYING POLICE INCIDENT REPORTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) when a law enforcement officer commits an offense that
deprives a citizen of their rights, privileges, and immunities
protected under the Constitution and laws of the United States,
that behavior is penalized to punish those involved and to
deter future conduct;
(2) where serious bodily injury or death results from the
acts described in paragraph (1), punishment must be severe;
(3) a law enforcement officer who intentionally submits a
false police report in connection with an act described in
paragraph (1) should also be punished severely;
(4) false reporting described in paragraph (3) not only
serves to conceal potential criminal conduct and obstruct the
administration of justice, false reporting also undermines the
trust and confidence that communities place in law enforcement
agencies;
(5) obstruction of justice is intolerable in any form,
particularly in the form described in this subsection;
(6) the deterioration of trust and confidence between law
enforcement agencies and communities must be abated; and
(7) severe penalties must be imposed for individuals who
create false police reports in connection with criminal civil
rights violations resulting in serious bodily injury or death.
(b) Offense.--Chapter 47 of title 18, United States Code, is
amended by adding at the end the following:
``SEC. 1041. FALSE REPORTING.
``(a) Offense.--It shall be unlawful for any person to knowingly
and willfully falsify a police report in a material way with the intent
to falsify, conceal, or cover up a material fact, in furtherance of the
deprivation of any rights, privileges, or immunities secured or
protected by the Constitution or laws of the United States where death
or serious bodily injury (as defined in section 1365) occurs.
``(b) Penalty.--Any person who violates subsection (a) shall be
fined under this title, imprisoned for not more than 20 years, or
both.''.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 47 of title 18, United States Code, is amended by inserting
after the item relating to section 1040 the following:
``1041. False reporting.''.
(d) Sentencing Enhancement for Falsification of Police Reports.--
Pursuant to its authority under section 994 of title 28, United States
Code, the United States Sentencing Commission shall review and amend
the Federal sentencing guidelines to ensure that the guidelines provide
an additional penalty increase of not fewer than 4 offense levels if
the defendant knowingly and willfully falsifies a report in a material
way with the intent to falsify, conceal, or cover up a material fact,
in furtherance of the deprivation of any rights, privileges, or
immunities secured or protected by the Constitution or laws of the
United States where death or serious bodily injury occurs.
TITLE II--BODY-WORN CAMERAS
SEC. 201. BODY-WORN CAMERA PARTNERSHIP GRANT PROGRAM.
Subpart 1 of part E of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) is amended by adding
at the end the following:
``SEC. 509. BODY-WORN CAMERA PARTNERSHIP GRANT PROGRAM.
``(a) Definitions.--In this section--
``(1) the term `covered government' means a State, unit of
local government, or Indian Tribe;
``(2) the term `Director' means the Director of the Bureau
of Justice Assistance; and
``(3) the term `unit of local government', notwithstanding
section 901, does not include an Indian Tribe.
``(b) Authorization of Grants.--The Director may make grants to
eligible covered governments for use by the covered government for--
``(1) the purchase of body-worn cameras;
``(2) necessary initial supportive technological
infrastructure for body-worn cameras for law enforcement
officers in the jurisdiction of the grantee;
``(3) the development of policies and procedures relating
to the use of body-worn cameras;
``(4) training on the use of body-worn cameras;
``(5) the storage, retention, viewing, auditing, and
release of footage from body-worn cameras; and
``(6) personnel, including law enforcement, prosecution,
and criminal defense personnel, to support the administration
of the body-worn camera program of the covered government.
``(c) Eligibility.--
``(1) Application.--For a covered government to be eligible
to receive a grant under this section, the chief executive
officer of the covered government shall submit to the Director
an application in such form and containing such information as
the Director may require.
``(2) Policies and procedures assurances.--The application
under paragraph (1) shall, as required by the Director, provide
assurances that the covered government will establish policies
and procedures in accordance with subsection (d).
``(d) Required Policies and Procedures.--
``(1) In general.--A covered government receiving a grant
under this section shall develop policies and procedures
related to the use of body-worn cameras that--
``(A) are developed with community input, including
from prosecutors and organizations representing crime
victims, in accordance with recognized best practices;
``(B) require that a body-worn camera be activated
when a law enforcement officer arrests or detains any
person in the course of the official duties of the
officer, with consideration to sensitive cases;
``(C) apply discipline to any law enforcement
officer who intentionally fails to ensure that a body-
worn camera is engaged, functional, and properly
secured at all times during which the camera is
required to be worn;
``(D) require training for--
``(i) the proper use of body-worn cameras;
and
``(ii) the handling and use of the obtained
video and audio recordings;
``(E) provide clear standards for privacy, data
retention, and use for evidentiary purposes in a
criminal proceeding, including in the case of an
assault on a law enforcement officer; and
``(F) make footage available to the public in
response to a valid request under an applicable freedom
of information law if the footage can be made
available--
``(i) without compromising an ongoing
investigation or revealing the identity of
third parties, including victims, informants,
or witnesses; and
``(ii) with consideration given to the
rights of victims and surviving family members.
``(2) Publication.--A covered government receiving a grant
under this section shall make all policies and procedures
regarding body-worn cameras available on a public website.
``(3) Guidance.--The Director shall issue guidance to
covered governments related to the requirements under paragraph
(1).
``(e) Grant Amounts.--
``(1) Minimum amount.--
``(A) In general.--Each fiscal year, unless the
Director has awarded a fully funded grant for each
eligible application submitted by a State and any units
of local government within the State under this section
for the fiscal year, the Director shall allocate to the
State and units of local government within the State
for grants under this section an aggregate amount that
is not less than 0.5 percent of the total amount
appropriated for the fiscal year for grants under this
section.
``(B) Certain territories.--For purposes of the
Virgin Islands, American Samoa, Guam, and the Northern
Mariana Islands, subparagraph (A) shall be applied by
substituting `0.25 percent' for `0.5 percent'.
``(2) Maximum amount.--
``(A) Amount per covered government.--A covered
government may not receive a grant under this section
for a fiscal year in an amount that is greater than 5
percent of the total amount appropriated for grants
under this section for the fiscal year.
``(B) Aggregate amount per state.--A State and each
covered government within the State may not receive
grants under this section for a fiscal year in an
aggregate amount that is more than 20 percent of the
total amount appropriated for grants under this section
for the fiscal year.
``(f) Matching Funds.--The portion of the costs of a body-worn
camera program provided by a grant under this section--
``(1) may not exceed 50 percent; and
``(2) subject to subsection (e)(2), shall equal 50 percent
if the grant is to a unit of local government with fewer than
100,000 residents.
``(g) Supplement, Not Supplant.--Funds made available under this
section shall not be used to supplant covered government funds, but
shall be used to increase the amount of funds that would, in the
absence of Federal funds, be made available from covered government
sources for the purposes of this section.
``(h) Reports to the Director.--A covered government that receives
a grant under this section shall submit to the Director, for each year
in which funds from a grant received under this section are expended, a
report at such time and in such manner as the Director may reasonably
require, that contains--
``(1) a summary of the activities carried out under the
grant and an assessment of whether the activities are meeting
the needs identified in the grant application; and
``(2) such other information as the Director may require.
``(i) Reports to Congress.--Not later than 90 days after the end of
a fiscal year for which grants are made under this section, the
Director shall submit to Congress a report that includes--
``(1) the aggregate amount of grants made under this
section to each covered government for the fiscal year;
``(2) a summary of the information provided by covered
governments receiving grants under this section; and
``(3) a description of the priorities and plan for awarding
grants among eligible covered governments, and how the plan
will ensure the effective use of body-worn cameras to protect
public safety.
``(j) Direct Appropriations.--For the purpose of making grants
under this section, there is appropriated, to remain available until
expended, out of any money in the Treasury not otherwise appropriated--
``(1) for fiscal year 2021, $100,000,000;
``(2) for fiscal year 2022, $100,000,000;
``(3) for fiscal year 2023, $100,000,000;
``(4) for fiscal year 2024, $100,000,000; and
``(5) for fiscal year 2025, $100,000,000.''.
SEC. 202. PENALTIES FOR FAILURE TO USE BODY-WORN CAMERAS.
(a) Definition.--In this section, the term ``covered provision''
means--
(1) section 509 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968, as added by section 201; and
(2) any other provision of law that makes funds available
for the purchase of body-worn cameras.
(b) Requirement.--
(1) States.--A State that receives funds under a covered
provision shall--
(A) have a policy in place to apply discipline to
any law enforcement officer who intentionally fails to
ensure that a body-worn camera purchased using those
funds is engaged, functional, and properly secured at
all times during which the camera is required to be
worn; and
(B) ensure that any entity to which the State
awards a subgrant under the covered provision has a
policy in place to apply discipline to any law
enforcement officer who intentionally fails to ensure
that a body-worn camera purchased using those funds is
engaged, functional, and properly secured at all times
during which the camera is required to be worn.
(2) Other entities.--An entity other than a State that
receives funds under a covered provision shall have a policy in
place to apply discipline to any law enforcement officer who
intentionally fails to ensure that a body-worn camera purchased
using those funds is engaged, functional, and properly secured
at all times during which the camera is required to be worn.
(c) Compliance.--
(1) Ineligibility for funds.--
(A) First fiscal year.--
(i) States.--For the first fiscal year
beginning after the date of enactment of this
Act in which a State fails to comply with
subsection (b)(1), the State shall be subject
to a 20-percent reduction of the funds that
would otherwise be provided to the State under
the applicable covered provision for that
fiscal year.
(ii) Other entities.--For the first fiscal
year beginning after the date of enactment of
this Act in which an entity other than a State
fails to comply with subsection (b)(2), the
entity shall be subject to a 20-percent
reduction of the funds that would otherwise be
allocated to the entity under the applicable
covered provision for that fiscal year.
(B) Subsequent fiscal years.--
(i) States.--Beginning in the first fiscal
year beginning after the first fiscal year
described in subparagraph (A)(i) in which a
State fails to comply with subsection (b), the
percentage by which the funds described in
subparagraph (A)(i) are reduced shall be
increased by 5 percent each fiscal year the
State fails to comply with subsection (b),
except that such reduction shall not exceed 25
percent in any fiscal year.
(ii) Other entities.--Beginning in the
first fiscal year beginning after the first
fiscal year described in subparagraph (A)(i) in
which a an entity other than a State fails to
comply with subsection (b), the percentage by
which the funds described in subparagraph
(A)(ii) are reduced shall be increased by 5
percent each fiscal year the entity fails to
comply with subsection (b), except that such
reduction shall not exceed 25 percent in any
fiscal year.
(2) Reallocation.--Amounts not allocated under covered
provision to a State or other entity for failure to comply with
subsection (b) shall be reallocated under the covered provision
to States or other entities that have complied with subsection
(b).
TITLE III--LAW ENFORCEMENT RECORDS RETENTION
SEC. 301. LAW ENFORCEMENT RECORDS RETENTION.
(a) In General.-- Part E of title I of the Omnibus Crime Control
and Safe Streets Acts of 1968 (34 U.S.C. 10151 et seq.) is amended by
adding at the end the following:
``Subpart 4--Law Enforcement Records Retention
``SEC. 531. LAW ENFORCEMENT RECORDS RETENTION.
``(a) Definitions.--In this section--
``(1) the term `applicable covered system', with respect to
a law enforcement agency, means the covered system of the
covered government of which the law enforcement agency is part;
``(2) the term `covered government' means a State or unit
of local government;
``(3) the term `covered system' means a system maintained
by a covered government under subsection (b); and
``(4) the term `disciplinary record'--
``(A) means any written document regarding an
allegation of misconduct by a law enforcement officer
that--
``(i) is substantiated and is adjudicated
by a government agency or court; and
``(ii) results in--
``(I) adverse action by the
employing law enforcement agency; or
``(II) criminal charges; and
``(B) does not include a written document regarding
an allegation described in subparagraph (A) if the
adjudication described in clause (i) of that
subparagraph has been overturned on appeal.
``(b) Records Retention Requirements.--
``(1) Records retention system.--A covered government that
receives funds under this part shall maintain a system for
sharing disciplinary records of law enforcement officers that
meets the requirements under paragraph (2).
``(2) Requirements.--In administering a covered system, a
covered government shall--
``(A) retain each disciplinary record or internal
investigation record regarding a law enforcement
officer that is prepared by a law enforcement agency of
the covered government;
``(B) retain a record of each award or commendation
regarding a law enforcement officer that is prepared by
a law enforcement agency of the covered government;
``(C) establish a policy that ensures that each
record included in the covered system is retained and
accessible for not less than 30 years;
``(D) allow a law enforcement officer, counsel for
a law enforcement officer, or the representative
organization of a law enforcement officer to--
``(i) submit information to the covered
system relating to a disciplinary record or
internal investigation record regarding the law
enforcement officer that is retained under
subparagraph (A); or
``(ii) obtain access to the covered system
in order to review a disciplinary record or
internal investigation record described in
clause (i);
``(E) allow any Federal, State, or local law
enforcement agency to access any record included in the
covered system for the purpose of making a decision to
hire a law enforcement officer;
``(F) require that, before hiring a law enforcement
officer, a representative of a law enforcement agency
of the covered government with hiring authority--
``(i) search the applicable covered system
of each law enforcement agency that has
employed the applicant as a law enforcement
officer in order to determine whether the
applicant has a disciplinary record, internal
investigation record, or record of an award or
commendation on file; and
``(ii) if a record described in clause (i)
exists, review the record in full before hiring
the law enforcement officer; and
``(G) prohibit access to the covered system by any
individual other than an individual who is authorized
to access the covered system for purposes of--
``(i) submitting records or other
information to the covered system as described
in subparagraphs (A), (B), and (D); or
``(ii) reviewing records or other
information in the covered system as described
in subparagraphs (E) and (F).
``(c) Ineligibility for Funds.--
``(1) In general.-- A covered government may not receive
funds under section 505, 506, 515, or 516 unless the covered
government is in compliance with subsection (b) of this
section.
``(2) Reallocation.--Amounts not allocated under a section
referred to in paragraph (1) to a covered government for
failure to comply with subsection (b) shall be reallocated
under that section to covered governments that have complied
with subsection (b).
``(d) One-time Grant.--
``(1) In general.--The Attorney General shall award a grant
to each State, using an apportionment formula that reflects the
differences between each State, to be used by the State and
units of local government within the State to establish covered
systems.
``(2) Amount.--The amount of a grant awarded to a State
under paragraph (1) shall be not less than $1,000,000.
``(3) Direct appropriations.--For the purpose of making
grants under this subsection, there is authorized to be
appropriated, and there is appropriated, out of any money in
the Treasury not otherwise appropriated, $100,000,000, to
remain available until expended.
``(e) Indemnification.--
``(1) In general.--The United States shall indemnify and
hold harmless a covered government, and any law enforcement
agency thereof, against any claim (including reasonable
expenses of litigation or settlement) by any person or entity
related to--
``(A) the retention of records in a covered system
as required under subsection (b); or
``(B) the review of records included in a covered
system as required under subsection (b).
``(2) Limitation.--Paragraph (1) shall not apply to the
release of a record--
``(A) to a non-law enforcement entity or
individual; or
``(B) for a purpose other than making a decision to
hire a law enforcement officer.''.
(b) Effective Date.--Section 531(c) of title I of the Omnibus Crime
Control and Safe Streets Acts of 1968, as added by subsection (a),
shall take effect on October 1 of the first fiscal year beginning after
the date of enactment of this Act.
TITLE IV--JUSTICE FOR VICTIMS OF LYNCHING
SEC. 401. SHORT TITLE.
This title may be cited as the ``Justice for Victims of Lynching
Act of 2020''.
SEC. 402. FINDINGS.
Congress finds the following:
(1) The crime of lynching succeeded slavery as the ultimate
expression of racism in the United States following
Reconstruction.
(2) Lynching was a widely acknowledged practice in the
United States until the middle of the 20th century.
(3) Lynching was a crime that occurred throughout the
United States, with documented incidents in all but 4 States.
(4) At least 4,742 people, predominantly African Americans,
were reported lynched in the United States between 1882 and
1968.
(5) Ninety-nine percent of all perpetrators of lynching
escaped from punishment by State or local officials.
(6) Lynching prompted African Americans to form the
National Association for the Advancement of Colored People
(referred to in this section as the ``NAACP'') and prompted
members of B'nai B'rith to found the Anti-Defamation League.
(7) Mr. Walter White, as a member of the NAACP and later as
the executive secretary of the NAACP from 1931 to 1955,
meticulously investigated lynchings in the United States and
worked tirelessly to end segregation and racialized terror.
(8) Nearly 200 anti-lynching bills were introduced in
Congress during the first half of the 20th century.
(9) Between 1890 and 1952, 7 Presidents petitioned Congress
to end lynching.
(10) Between 1920 and 1940, the House of Representatives
passed 3 strong anti-lynching measures.
(11) Protection against lynching was the minimum and most
basic of Federal responsibilities, and the Senate considered
but failed to enact anti-lynching legislation despite repeated
requests by civil rights groups, Presidents, and the House of
Representatives to do so.
(12) The publication of ``Without Sanctuary: Lynching
Photography in America'' helped bring greater awareness and
proper recognition of the victims of lynching.
(13) Only by coming to terms with history can the United
States effectively champion human rights abroad.
(14) An apology offered in the spirit of true repentance
moves the United States toward reconciliation and may become
central to a new understanding, on which improved racial
relations can be forged.
(15) Having concluded that a reckoning with our own history
is the only way the country can effectively champion human
rights abroad, 90 Members of the United States Senate agreed to
Senate Resolution 39, 109th Congress, on June 13, 2005, to
apologize to the victims of lynching and the descendants of
those victims for the failure of the Senate to enact anti-
lynching legislation.
(16) The National Memorial for Peace and Justice, which
opened to the public in Montgomery, Alabama, on April 26, 2018,
is the Nation's first memorial dedicated to the legacy of
enslaved Black people, people terrorized by lynching, African
Americans humiliated by racial segregation and Jim Crow, and
people of color burdened with contemporary presumptions of
guilt and police violence.
(17) Notwithstanding the Senate's apology and the
heightened awareness and education about the Nation's legacy
with lynching, it is wholly necessary and appropriate for the
Congress to enact legislation, after 100 years of unsuccessful
legislative efforts, finally to make lynching a Federal crime.
(18) Further, it is the sense of Congress that criminal
action by a group increases the likelihood that the criminal
object of that group will be successfully attained and
decreases the probability that the individuals involved will
depart from their path of criminality. Therefore, it is
appropriate to specify criminal penalties for the crime of
lynching, or any attempt or conspiracy to commit lynching.
(19) The United States Senate agreed to unanimously Senate
Resolution 118, 115th Congress, on April 5, 2017,
``[c]ondemning hate crime and any other form of racism,
religious or ethnic bias, discrimination, incitement to
violence, or animus targeting a minority in the United States''
and taking notice specifically of Federal Bureau of
Investigation statistics demonstrating that ``among single-bias
hate crime incidents in the United States, 59.2 percent of
victims were targeted due to racial, ethnic, or ancestral bias,
and among those victims, 52.2 percent were victims of crimes
motivated by the offenders' anti-Black or anti-African American
bias''.
(20) On September 14, 2017, President Donald J. Trump
signed into law Senate Joint Resolution 49 (Public Law 115-58;
131 Stat. 1149), wherein Congress ``condemn[ed] the racist
violence and domestic terrorist attack that took place between
August 11 and August 12, 2017, in Charlottesville, Virginia''
and ``urg[ed] the President and his administration to speak out
against hate groups that espouse racism, extremism, xenophobia,
anti-Semitism, and White supremacy; and use all resources
available to the President and the President's Cabinet to
address the growing prevalence of those hate groups in the
United States''.
(21) Senate Joint Resolution 49 (Public Law 115-58; 131
Stat. 1149) specifically took notice of ``hundreds of torch-
bearing White nationalists, White supremacists, Klansmen, and
neo-Nazis [who] chanted racist, anti-Semitic, and anti-
immigrant slogans and violently engaged with counter-
demonstrators on and around the grounds of the University of
Virginia in Charlottesville'' and that these groups
``reportedly are organizing similar events in other cities in
the United States and communities everywhere are concerned
about the growing and open display of hate and violence being
perpetrated by those groups''.
(22) Lynching was a pernicious and pervasive tool that was
used to interfere with multiple aspects of life--including the
exercise of Federally protected rights, as enumerated in
section 245 of title 18, United States Code, housing rights, as
enumerated in section 901 of the Civil Rights Act of 1968 (42
U.S.C. 3631), and the free exercise of religion, as enumerated
in section 247 of title 18, United States Code. Interference
with these rights was often effectuated by multiple offenders
and groups, rather than isolated individuals. Therefore,
prohibiting conspiracies to violate each of these rights
recognizes the history of lynching in the United States and
serves to prohibit its use in the future.
SEC. 403. LYNCHING.
(a) Offense.--Chapter 13 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 250. Lynching
``Whoever conspires with another person to violate section 245,
247, or 249 of this title or section 901 of the Civil Rights Act of
1968 (42 U.S.C. 3631) shall be punished in the same manner as a
completed violation of such section, except that if the maximum term of
imprisonment for such completed violation is less than 10 years, the
person may be imprisoned for not more than 10 years.''.
(b) Table of Sections Amendment.--The table of sections for chapter
13 of title 18, United States Code, is amended by inserting after the
item relating to section 249 the following:
``250. Lynching.''.
TITLE V--COMMISSION ON THE SOCIAL STATUS OF BLACK MEN AND BOYS ACT
SEC. 501. SHORT TITLE.
This title may be cited as the ``Commission on the Social Status of
Black Men and Boys Act''.
SEC. 502. COMMISSION ESTABLISHMENT AND MEMBERSHIP.
(a) Establishment.--The Commission on the Social Status of Black
Men and Boys (hereinafter in this title referred to as ``the
Commission'') is established within the United States Commission on
Civil Rights Office of the Staff Director.
(b) Membership.--The Commission shall consist of 19 members
appointed as follows:
(1) The Senate majority leader shall appoint one member who
is not employed by the Federal Government and is an expert on
issues affecting Black men and boys in America.
(2) The Senate minority leader shall appoint one member who
is not employed by the Federal Government and is an expert on
issues affecting Black men and boys in America.
(3) The House of Representatives majority leader shall
appoint one member who is not employed by the Federal
Government and is an expert on issues affecting Black men and
boys in America.
(4) The House of Representatives minority leader shall
appoint one member who is not employed by the Federal
Government and is an expert on issues affecting Black men and
boys in America.
(5) The Chair of the Congressional Black Caucus shall be a
member of the Commission, as well as 5 additional Members of
the Congressional Black Caucus who shall be individuals that
either sit on the following committees of relevant jurisdiction
or are experts on issues affecting Black men and boys in the
United States, including--
(A) education;
(B) justice and Civil Rights;
(C) healthcare;
(D) labor and employment; and
(E) housing.
(6) The Staff Director of the United States Commission on
Civil Rights shall appoint one member from within the staff of
the United States Commission on Civil Rights who is an expert
in issues relating to Black men and boys.
(7) The Chair of the United States Equal Employment
Opportunity Commission shall appoint one member from within the
staff of the United States Equal Employment Opportunity
Commission who is an expert in equal employment issues
impacting Black men.
(8) The Secretary of Education shall appoint one member
from within the Department of Education who is an expert in
urban education.
(9) The Attorney General shall appoint one member from
within the Department of Justice who is an expert in racial
disparities within the criminal justice system.
(10) The Secretary of Health and Human Services shall
appoint one member from within the Department of Health and
Human Services who is an expert in health issues facing Black
men.
(11) The Secretary of Housing and Urban Development shall
appoint one member from within the Department of Housing and
Urban Development who is an expert in housing and development
in urban communities.
(12) The Secretary of Labor shall appoint one member from
within the Department of Labor who is an expert in labor issues
impacting Black men.
(13) The President of the United States shall appoint 2
members who are not employed by the Federal Government and are
experts on issues affecting Black men and boys in America.
(c) Membership by Political Party.--If after the Commission is
appointed there is a partisan imbalance of Commission members, the
congressional leaders of the political party with fewer members on the
Commission shall jointly name additional members to create partisan
parity on the Commission.
SEC. 503. OTHER MATTERS RELATING TO APPOINTMENT; REMOVAL.
(a) Timing of Initial Appointments.--Each initial appointment to
the Commission shall be made no later than 90 days after the Commission
is established. If any appointing authorities fail to appoint a member
to the Commission, their appointment shall be made by the Staff
Director of the Commission on Civil Rights.
(b) Terms.--Except as otherwise provided in this section, the term
of a member of the Commission shall be 4 years. For the purpose of
providing staggered terms, the first term of those members initially
appointed under paragraphs (1) through (5) of section 502 shall be
appointed to 2-year terms with all other terms lasting 4 years. Members
are eligible for consecutive reappointment.
(c) Removal.--A member of the Commission may be removed from the
Commission at any time by the appointing authority should the member
fail to meet Commission responsibilities. Once the seat becomes vacant,
the appointing authority is responsible for filling the vacancy in the
Commission before the next meeting.
(d) Vacancies.--The appointing authority of a member of the
Commission shall either reappoint that member at the end of that
member's term or appoint another person meeting the qualifications for
that appointment. In the event of a vacancy arising during a term, the
appointing authority shall, before the next meeting of the Commission,
appoint a replacement to finish that term.
SEC. 504. LEADERSHIP ELECTION.
At the first meeting of the Commission each year, the members shall
elect a Chair and a Secretary. A vacancy in the Chair or Secretary
shall be filled by vote of the remaining members. The Chair and
Secretary are eligible for consecutive reappointment.
SEC. 505. COMMISSION DUTIES AND POWERS.
(a) Study.--
(1) In general.--The Commission shall conduct a systematic
study of the conditions affecting Black men and boys, including
homicide rates, arrest and incarceration rates, poverty,
violence, fatherhood, mentorship, drug abuse, death rates,
disparate income and wealth levels, school performance in all
grade levels including postsecondary education and college, and
health issues.
(2) Trends.--The Commission shall document trends regarding
the topics described in paragraph (1) and report on the
community impacts of relevant government programs within the
scope of such topics.
(b) Proposal of Measures.--The Commission shall propose measures to
alleviate and remedy the underlying causes of the conditions described
in subsection (a), which may include recommendations of changes to the
law, recommendations for how to implement related policies, and
recommendations for how to create, develop, or improve upon government
programs.
(c) Suggestions and Comments.--The Commission shall accept
suggestions or comments pertinent to the applicable issues from members
of Congress, governmental agencies, public and private organizations,
and private citizens.
(d) Staff and Administrative Support.--The Office of the Staff
Director of the United States Commission on Civil Rights shall provide
staff and administrative support to the Commission. All entities of the
United States Government shall provide information that is otherwise a
public record at the request of the Commission.
SEC. 506. COMMISSION MEETING REQUIREMENTS.
(a) First Meeting.--The first meeting of the Commission shall take
place no later than 30 days after the initial members are all
appointed. Meetings shall be focused on significant issues impacting
Black men and boys, for the purpose of initiating research ideas and
delegating research tasks to Commission members to initiate the first
annual report described in section 507.
(b) Quarterly Meetings.--The Commission shall meet quarterly. In
addition to all quarterly meetings, the Commission shall meet at other
times at the call of the Chair or as determined by a majority of
Commission members.
(c) Quorum; Rule for Voting on Final Actions.--A majority of the
members of the Commission constitute a quorum, and an affirmative vote
of a majority of the members present is required for final action.
(d) Expectations for Attendance by Members.--Members are expected
to attend all Commission meetings. In the case of an absence, members
are expected to report to the Chair prior to the meeting and allowance
may be made for an absent member to participate remotely. Members will
still be responsible for fulfilling prior commitments, regardless of
attendance status. If a member is absent twice in a given year, he or
she will be reviewed by the Chair and appointing authority and further
action will be considered, including removal and replacement on the
Commission.
(e) Minutes.--Minutes shall be taken at each meeting by the
Secretary, or in that individual's absence, the Chair shall select
another Commission member to take minutes during that absence. The
Commission shall make its minutes publicly available and accessible not
later than one week after each meeting.
SEC. 507. ANNUAL REPORT GUIDELINES.
The Commission shall make an annual report, beginning the year of
the first Commission meeting. The report shall address the current
conditions affecting Black men and boys and make recommendations to
address these issues. The report shall be submitted to the President,
the Congress, members of the President's Cabinet, and the chairs of the
appropriate committees of jurisdiction. The Commission shall make the
report publicly available online on a centralized Federal website.
SEC. 508. COMMISSION COMPENSATION.
Members of the Commission shall serve on the Commission without
compensation.
TITLE VI--ALTERNATIVES TO THE USE OF FORCE, DE-ESCALATION, BEHAVIORAL
HEALTH CRISES AND DUTY TO INTERVENE TRAINING
SEC. 601. TRAINING ON ALTERNATIVES TO USE OF FORCE, DE-ESCALATION, AND
BEHAVIORAL HEALTH CRISES.
(a) Definitions.--Section 901(a) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10251(a)) is amended--
(1) in paragraph (27), by striking ``and'' at the end;
(2) in paragraph (28), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(29) the term `de-escalation' means taking action or
communicating verbally or non-verbally during a potential force
encounter in an attempt to stabilize the situation and reduce
the immediacy of the threat so that more time, options, and
resources can be called upon to resolve the situation without
the use of force or with a reduction in the force necessary;
and
``(30) the term `behavioral health crisis' means a
situation in which the behavior of a person puts the person at
risk of hurting himself or herself or others or prevents the
person from being able to care for himself or herself or
function effectively in the community, including a situation in
which a person is under the influence of a drug or alcohol, is
suicidal, or experiences symptoms of a mental illness.''.
(b) COPS Program.--Section 1701 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10381) is amended by
adding at the end the following:
``(n) Training in Alternatives to Use of Force, De-escalation
Techniques, and Behavioral Health Crises.--
``(1) Training curricula.--The Attorney General, in
consultation with relevant law enforcement agencies of States
and units of local government, labor organizations,
professional law enforcement organizations, and mental health
organizations, shall develop training curricula in--
``(A) alternatives to use of force and de-
escalation tactics; and
``(B) safely responding to a person experiencing a
behavioral health crisis, including techniques and
strategies that are designed to protect the safety of
the person experiencing the behavioral health crisis,
law enforcement officers, and the public.
``(2) Certified programs.--The Attorney General shall
establish a process to certify public and private entities that
offer courses in alternatives to use of force, de-escalation
tactics, and techniques and strategies for responding to a
behavioral health crisis using the training curricula
established under paragraph (1) or equivalents to the training
curricula established under paragraph (1).
``(3) Transitional regional training programs for state and
local agency personnel.--Until the end of fiscal year 2023, the
Attorney General shall, and thereafter may, provide regional
training to equip and certify personnel from law enforcement
agencies of States and units of local government in a State to
conduct training using the training curricula established under
paragraph (1).
``(4) List.--The Attorney General shall publish a list of
law enforcement agencies of States and units of local
government that employ officers who have successfully completed
a course described under paragraph (2) or (3), which shall
include--
``(A) the total number of law enforcement officers
employed by the agency;
``(B) the number of officers who have completed the
course; and
``(C) whether personnel from the law enforcement
agency are certified to conduct training.
``(5) Direct appropriations.--For the purpose of making
grants under this subsection, there is appropriated, to remain
available until expended, out of any money in the Treasury not
otherwise appropriated--
``(A) for fiscal year 2021, $20,000,000;
``(B) for fiscal year 2022, $20,000,000;
``(C) for fiscal year 2023, $20,000,000;
``(D) for fiscal year 2024, $20,000,000; and
``(E) for fiscal year 2025, $20,000,000.''.
(c) Byrne JAG Program.--Subpart 1 of part E of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et
seq.) is amended--
(1) by redesignating section 508 as section 511; and
(2) by inserting after section 507 the following:
``SEC. 508. LAW ENFORCEMENT TRAINING PROGRAMS.
``(a) Definitions.--In this section--
``(1) the term `approved course in alternatives to use of
force, de-escalation tactics, or techniques and strategies for
responding to a behavioral health crisis' means a course using
the training curricula established under section 1701(n)(1) or
equivalents to such training curricula--
``(A) provided by the Attorney General under
section 1701(n)(3); or
``(B) provided by a certified entity; and
``(2) the term `certified entity' means a public or private
entity that has been certified by the Attorney General under
section 1701(n)(2).
``(b) Authority.--The Attorney General shall, from amounts made
available for this purpose under subsection (e), make grants to States
for use by the State or a unit of government located in the State to--
``(1) pay for costs associated with conducting the training
and for attendance by law enforcement personnel at an approved
course in alternatives to use of force, de-escalation tactics,
or techniques and strategies for responding to a behavioral
health crisis; and
``(2) procure training in alternatives to use of force, de-
escalation tactics, or techniques and strategies for responding
to a behavioral health crisis from a certified entity.
``(c) Allocation of Funds.--
``(1) In general.--Of the total amount appropriated to
carry out this section for a fiscal year, the Attorney General
shall allocate funds to each State in proportion to the total
number of law enforcement officers in the State as compared to
the total number of law enforcement officers in the United
States.
``(2) Training for state law enforcement officers.--Each
State may retain from the total amount of funds provided to the
State for the purposes described in this section an amount that
is not more than the amount that bears the same ratio to the
total amount of funds as the ratio of--
``(A) the total number of law enforcement officers
employed by the State; to
``(B) the total number of law enforcement officers
employed by the State and units of local government
within the State.
``(3) Training for local law enforcement officers.--A State
shall make available to units of local government in the State
for the purposes described in this section the amounts
remaining after a State retains funds under paragraph (2). At
the request of a unit of local government, the State may use an
amount of the funds allocated to the unit of local government
under this paragraph to facilitate training in alternatives to
use of force, de-escalation tactics, or techniques and
strategies for responding to a behavioral health crisis to law
enforcement officers employed by the unit of local government.
``(d) Reporting.--
``(1) Units of local government.--Any unit of local
government that receives funds from a State under subsection
(c)(3) shall submit to the State a report indicating--
``(A) the number of law enforcement officers that
have completed training described in this section;
``(B) the total number of law enforcement officers
employed by the unit of local government; and
``(C) any barriers to providing the training.
``(2) States.--Any State that receives funds under
subsection (c)(2) shall, after receiving the reports described
in paragraph (1), submit to the Attorney General--
``(A) such reports; and
``(B) a report by the State indicating--
``(i) the number of law enforcement
officers employed by the State that have
completed training described in this section;
``(ii) the total number of law enforcement
officers employed by the State; and
``(iii) any barriers to providing the
training.
``(e) Direct Appropriations.--For the purpose of making grants
under this section, there is appropriated, to remain available until
expended, out of any money in the Treasury not otherwise appropriated--
``(1) for fiscal year 2021, $50,000,000;
``(2) for fiscal year 2022, $50,000,000;
``(3) for fiscal year 2023, $50,000,000;
``(4) for fiscal year 2024, $50,000,000; and
``(5) for fiscal year 2025, $50,000,000.''.
SEC. 602. TRAINING ON DUTY TO INTERVENE.
Subpart 1 of part E of Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), as amended by
section 201, is amended by adding at the end the following:
``SEC. 510. TRAINING ON DUTY TO INTERVENE.
``(a) Training Program.--
``(1) In general.--The Attorney General, in consultation
with relevant law enforcement agencies of States and units of
local governments and organizations representing rank and file
law enforcement officers, shall develop a training curriculum
for law enforcement agencies and officers on the development,
implementation, fulfillment, and enforcement of a duty of a law
enforcement officer to intervene when another law enforcement
officer is engaged in excessive use of force.
``(2) Certified programs.--The Attorney General shall
establish a process to certify public and private entities that
offer courses on the duty to intervene that are equivalent to
the training curriculum established under paragraph (1).
``(3) Transitional regional training programs.--Until the
end of fiscal year 2023, the Attorney General shall provide
regional training workshops for law enforcement officers of
States and units of local government, using the training
curriculum established under paragraph (1).
``(4) List.--The Attorney General shall publish a list of
law enforcement agencies of States and units of local
government that employ officers who have successfully completed
a course described under paragraph (2) or (3), which shall
include the total number of law enforcement officers employed
by the agency and the number of officers who have completed the
course.
``(b) Grant Program.--
``(1) Authorization.--The Attorney General may make grants
to State and local law enforcement agencies to--
``(A) pay for costs associated with attendance by
law enforcement personnel at a training course approved
by the Attorney General under paragraph (2) or (3) of
subsection (a); and
``(B) procure training in the duty to intervene
from a public or private entity certified under
subsection (a)(2).
``(2) Application.--Each State or local law enforcement
agency seeking a grant under this subsection shall submit an
application to the Attorney General at such time, in such
manner, and containing such information as the Attorney General
may require.
``(c) Direct Appropriations.--For the purpose of making grants
under this section, there is appropriated, to remain available until
expended, out of any money in the Treasury not otherwise appropriated--
``(1) for fiscal year 2021, $100,000,000;
``(2) for fiscal year 2022, $100,000,000;
``(3) for fiscal year 2023, $100,000,000;
``(4) for fiscal year 2024, $100,000,000; and
``(5) for fiscal year 2025, $100,000,000.''.
TITLE VII--NATIONAL CRIMINAL JUSTICE COMMISSION ACT
SEC. 701. SHORT TITLE.
This title may be cited as the ``National Criminal Justice
Commission Act of 2020''.
SEC. 702. FINDINGS.
Congress finds that--
(1) it is in the interest of the United States to establish
a commission to undertake a comprehensive review of the
criminal justice system;
(2) there has not been a comprehensive study since the
President's Commission on Law Enforcement and Administration of
Justice was established in 1965;
(3) in a span of 18 months, the President's Commission on
Law Enforcement and Administration of Justice produced a
comprehensive report entitled ``The Challenge of Crime in a
Free Society'', which contained 200 specific recommendations on
all aspects of the criminal justice system involving--
(A) Federal, State, Tribal, and local governments;
(B) civic organizations;
(C) religious institutions;
(D) business groups; and
(E) individual citizens; and
(4) developments over the intervening 50 years require once
again that Federal, State, Tribal, and local governments, law
enforcement agencies, including rank and file officers, civil
rights organizations, community-based organization leaders,
civic organizations, religious institutions, business groups,
and individual citizens come together to review evidence and
consider how to improve the criminal justice system.
SEC. 703. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the ``National
Criminal Justice Commission'' (referred to in this title as the
``Commission'').
SEC. 704. PURPOSE OF THE COMMISSION.
The Commission shall--
(1) undertake a comprehensive review of the criminal
justice system;
(2) submit to the President and Congress recommendations
for Federal criminal justice reform; and
(3) disseminate findings and supplemental guidance to the
Federal Government, as well as to State, local, and Tribal
governments.
SEC. 705. REVIEW, RECOMMENDATIONS, AND REPORT.
(a) General Review.--The Commission shall undertake a comprehensive
review of all areas of the criminal justice system, including the
criminal justice costs, practices, and policies of the Federal, State,
local, and Tribal governments.
(b) Recommendations.--
(1) In general.--Not later than 18 months after the date of
the first meeting of the Commission, the Commission shall
submit to the President and Congress recommendations for
changes in Federal oversight, policies, practices, and laws
designed to prevent, deter, and reduce crime and violence,
reduce recidivism, improve cost-effectiveness, and ensure the
interests of justice at every step of the criminal justice
system.
(2) Unanimous consent.--If a unanimous vote of the members
of the Commission at a meeting where a quorum is present
pursuant to section 706(d) approves a recommendation of the
Commission, the Commission may adopt and submit the
recommendation under paragraph (1).
(3) Public access.--The recommendations submitted under
this subsection shall be made available to the public.
(c) Report.--
(1) In general.--Not later than 18 months after the date of
the first meeting of the Commission, the Commission shall
disseminate to the Federal Government, as well as to State,
local, and Tribal governments, a report that details the
findings and supplemental guidance of the Commission regarding
the criminal justice system at all levels of government.
(2) Majority vote.--If a majority vote of the members of
the Commission approves a finding or supplemental guidance at a
meeting where a quorum is present pursuant to section 706(d),
the finding or supplemental guidance may be adopted and
included in the report required under paragraph (1).
(3) Dissents.--In the case of a member of the Commission
who dissents from a finding or supplemental guidance approved
by a majority vote under paragraph (2), the member may state
the reason for the dissent in writing and the report described
in paragraph (1) shall include the dissent.
(4) Public access.--The report submitted under this
subsection shall be made available to the public.
(d) Prior Commissions.--The Commission shall take into
consideration the work of prior relevant commissions in conducting the
review of the Commission.
(e) State and Local Governments.--In issuing the recommendations
and report of the Commission under this section, the Commission shall
not infringe on the legitimate rights of the States to determine the
criminal laws of the States or the enforcement of such laws.
(f) Public Hearings.--The Commission shall conduct public hearings
in various locations around the United States.
(g) Consultation With Government and Nongovernment
Representatives.--
(1) In general.--The Commission shall--
(A) closely consult with Federal, State, local, and
Tribal governments and nongovernment leaders,
including--
(i) State, local, and Tribal law
enforcement officials, including rank and file
officers;
(ii) legislators;
(iii) public health officials;
(iv) judges;
(v) court administrators;
(vi) prosecutors;
(vii) defense counsel;
(viii) victims' rights organizations;
(ix) probation and parole officials;
(x) criminal justice planners;
(xi) criminologists;
(xii) civil rights and liberties
organizations;
(xiii) community-based organization
leaders;
(xiv) formerly incarcerated individuals;
(xv) professional organizations; and
(xvi) corrections officials; and
(B) include in the final report required under
subsection (c) summaries of the input and
recommendations of the leaders consulted under
subparagraph (A).
(2) United states sentencing commission.--To the extent the
review and recommendations required by this section relate to
sentencing policies and practices for the Federal criminal
justice system, the Commission shall conduct the review in
consultation with the United States Sentencing Commission.
(h) Sense of Congress on Unanimity.--It is the sense of Congress
that, given the national importance of the matters before the
Commission--
(1) the Commission should work toward developing findings
and supplemental guidance that are unanimously supported by the
members of the Commission; and
(2) a finding or supplemental guidance unanimously
supported by the members of the Commission should take
precedence over a finding or supplemental guidance that is not
unanimously supported.
SEC. 706. MEMBERSHIP.
(a) In General.--The Commission shall be composed of 14 members, as
follows:
(1) The President shall appoint 1 member, who shall serve
as a co-chairperson of the Commission.
(2) The co-chairperson described in paragraph (1) shall
appoint 6 members in consultation with the leadership of--
(A) the Senate and House of Representatives of the
same political party as the President;
(B) the Committee on the Judiciary of the House of
Representatives of the same political party as the
President; and
(C) the Committee on the Judiciary of the Senate of
the same political party as the President.
(3) The leader of the Senate, in consultation with the
leader of the House of Representatives who is a member of the
opposite party of the President, shall appoint 1 member, who
shall serve as a co-chairperson of the Commission.
(4) The co-chairperson described in paragraph (3) shall
appoint 6 members in consultation with the leadership of--
(A) the Senate and House of Representatives of the
opposite political party as the President;
(B) the Committee on the Judiciary of the House of
Representatives of the opposite political party as the
President; and
(C) the Committee on the Judiciary of the Senate of
the opposite political party as the President.
(b) Membership.--
(1) In general.--A member shall be appointed based upon
knowledge or experience in a relevant area, including--
(A) law enforcement;
(B) criminal justice;
(C) national security;
(D) prison and jail administration;
(E) prisoner reentry;
(F) public health, including--
(i) physical and sexual victimization;
(ii) drug addiction; or
(iii) mental health;
(G) the rights of victims;
(H) civil rights;
(I) civil liberties;
(J) court administration;
(K) social services; or
(L) State, local, or Tribal government.
(2) Law enforcement representation.--
(A) Members appointed by the co-chairpersons.--Of
the 6 members appointed by the co-chairperson under
subsection (a)(2)--
(i) not fewer than 2 shall be
representatives from Federal, State, or local
law enforcement agencies, including not less
than 1 representative from a rank and file
organization; and
(ii) not fewer than 1 shall be a
representative from a Tribal law enforcement
agency.
(B) Other members.--Of the 6 members appointed
under subsection (a)(4)--
(i) not fewer than 2 shall be
representatives of Federal, State, or local law
enforcement agencies, including not less than 1
representative from a rank and file
organization; and
(ii) not fewer than 1 shall be a
representative from a Tribal law enforcement
agency.
(3) Disqualification.--If an individual possesses a
personal financial interest in the discharge of a duty of the
Commission, the individual may not be appointed as a member of
the Commission.
(4) Terms.--A member shall be appointed for the duration of
the Commission.
(c) Appointments and First Meeting.--
(1) Appointments.--Each member of the Commission shall be
appointed not later than 45 days after the date of enactment of
this Act.
(2) First meeting.--The Commission shall hold the first
meeting of the Commission on the date, whichever is later, that
is not later than--
(A) 60 days after the date of enactment of this
Act; or
(B) 30 days after the date on which funds are made
available for the Commission.
(3) Ethics.--At the first meeting of the Commission, the
Commission shall--
(A) draft appropriate ethics guidelines for members
and staff of the Commission, including guidelines
relating to--
(i) conflict of interest; and
(ii) financial disclosure;
(B) consult with the Committees on the Judiciary of
the Senate and the House of Representatives as a part
of drafting the guidelines; and
(C) provide each Committee described in
subparagraph (B) with a copy of the guidelines
completed under subparagraph (A).
(d) Meetings, Quorum, and Vacancies.--
(1) Meetings.--The Commission shall meet at the call of--
(A) the co-chairpersons; or
(B) a majority of the members of the Commission.
(2) Quorum.--Except as provided in paragraph (3)(B), a
majority of the members of the Commission shall constitute a
quorum for purposes of conducting business, except that 2
members of the Commission shall constitute a quorum for
purposes of receiving testimony.
(3) Vacancies.--
(A) In general.--A vacancy in the Commission shall
not affect a power of the Commission, and the vacancy
shall be filled in the same manner in which the
original appointment was made.
(B) Quorum.--In the case of a vacancy occurring
after the date that is 45 days after the date of
enactment of this Act, until the date on which the
vacancy is filled, a majority of the members of the
Commission shall constitute a quorum if--
(i) not fewer than 1 member of the
Commission appointed under paragraph (1) or (2)
of subsection (a) is present; and
(ii) not fewer than 1 member of the
Commission appointed under paragraph (3) or (4)
of subsection (a) is present.
(e) Actions of the Commission.--
(1) In general.--The Commission--
(A) shall, subject to section 705, act by a
resolution agreed to by a majority of the members of
the Commission voting and present; and
(B) may establish a panel composed of less than the
full membership of the Commission for purposes of
carrying out a duty of the Commission under this title,
which--
(i) shall be subject to the review and
control of the Commission; and
(ii) may make a finding or determination
that may be considered a finding or
determination of the Commission if the finding
or determination is approved by the Commission.
(2) Delegation.--If authorized by the co-chairpersons of
the Commission, a member, agent, or staff member of the
Commission may take an action that the Commission may take
under this title.
SEC. 707. ADMINISTRATION.
(a) Staff.--
(1) Executive director.--The Commission shall have a staff
headed by an Executive Director, who shall be paid at a rate
established for the Certified Plan pay level for the Senior
Executive Service under section 5382 of title 5, United States
Code.
(2) Appointments and compensation.--The co-chairpersons of
the Commission shall designate and fix the compensation of the
Executive Director and, in accordance with rules agreed upon by
the Commission, may appoint and fix the compensation of such
other personnel as may be necessary to enable the Commission to
carry out its functions, without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at level V
of the Executive Schedule under section 5316 of title 5, United
States Code.
(3) Personnel as federal employees.--
(A) In general.--The Executive Director and any
personnel of the Commission who are employees shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, and 90 of such title 5.
(B) Members of the commission.--Subparagraph (A)
shall not be construed to apply to members of the
Commission.
(4) The compensation of members.--
(A) Non-federal employees.--A member of the
commission who is not an officer or employee of the
Federal Government shall be compensated at a rate equal
to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each
day (including travel time) during which the member is
engaged in the performance of the duties of the Board.
(B) Federal employees.--A member of the commission
who is an officer or employee of the Federal Government
shall serve without compensation in addition to the
compensation received for the services of the member as
an officer or employee of the Federal Government.
(5) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular places of business of
the member in the performance of services for the Commission.
(b) Experts and Consultants.--With the approval of the Commission,
the Executive Director may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code.
(c) Detail of Government Employees.--Upon the request of the
Commission, a Federal Government employee may be detailed to the
Commission without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
(d) Other Resources.--
(1) In general.--The Commission shall have reasonable
access to materials, resources, statistical data, and other
information such Commission determines to be necessary to carry
out its duties from--
(A) the Library of Congress;
(B) the Department of Justice;
(C) the Office of National Drug Control Policy;
(D) the Department of State; and
(E) other agencies of the executive or legislative
branch of the Federal Government.
(2) Requests for resources.--The co-chairpersons of the
Commission shall make requests for the access described in
paragraph (1) in writing when necessary.
(e) Volunteer Services.--Notwithstanding section 1342 of title 31,
United States Code, the Commission--
(1) may--
(A) accept and use the services of an individual
volunteering to serve without compensation; and
(B) reimburse the individual described in
subparagraph (A) for local travel, office supplies, and
for other travel expenses, including per diem in lieu
of subsistence, as authorized by section 5703 of title
5, United States Code; and
(2) shall consider the individual described in paragraph
(1) an employee of the Federal Government in performance of
those services for the purposes of--
(A) chapter 81 of title 5, United States Code,
relating to compensation for work-related injuries;
(B) chapter 171 of title 28, United States Code,
relating to tort claims; and
(C) chapter 11 of title 18, United States Code,
relating to conflicts of interest.
(f) Obtaining Official Data.--
(1) In general.--Except as provided in paragraph (3), the
Commission may directly secure from an agency of the United
States information necessary to enable the Commission to carry
out this title.
(2) Procedures.--Upon the request of the co-chairpersons of
the Commission, the head of the agency shall furnish any
information requested under paragraph (1) to the Commission.
(3) Sensitive information.--The Commission may not have
access to sensitive information regarding ongoing
investigations.
(g) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(h) Biannual Reports.--The Commission shall submit biannual status
reports to Congress regarding--
(1) the use of resources;
(2) salaries; and
(3) all expenditures of appropriated funds.
(i) Contracts.--
(1) In general.--The Commission may enter into a contract
with a Federal or State agency, a private firm, an institution,
or an individual for the conduct of an activity necessary to
the discharge of a duty or responsibility of the Commission.
(2) Timing.--A contract, lease, or other legal agreement
the Commission enters into may not extend beyond the date of
the termination of the Commission.
(j) Gifts.--The Commission may accept, use, or dispose of a gift or
donation of a service or property.
(k) Administrative Assistance.--The Administrator of General
Services shall provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to carry
out the responsibilities of the Commission under this title, which may
include--
(1) human resource management;
(2) budget;
(3) leasing;
(4) accounting; or
(5) payroll services.
(l) Non-Applicability of FACA and Public Access to Meetings and
Minutes.--
(1) In general.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(2) Meetings and minutes.--
(A) Meetings.--
(i) Administration.--Each meeting of the
Commission shall be open to the public, except
that a meeting or any portion of it may be
closed to the public if it concerns matters or
information described in section 552b(c) of
title 5, United States Code.
(ii) Interested individuals.--An interested
individual may--
(I) appear at an open meeting;
(II) present an oral or written
statement on the subject matter of the
meeting; and
(III) be administered an oath or
affirmation.
(iii) Notice.--Each open meeting of the
Commission shall be preceded by timely public
notice in the Federal Register of the time,
place, and subject of the meeting.
(B) Minutes and public access.--
(i) Minutes.--Minutes of each open meeting
shall be kept and shall contain a record of--
(I) the people present;
(II) a description of the
discussion that occurred; and
(III) a copy of each statement
filed.
(ii) Public access.--The minutes and
records of each open meeting and other
documents that were made available to or
prepared for the Commission shall be available
for public inspection and copying at a single
location in the offices of the Commission.
(m) Archiving.--Not later than the date described in section 709,
all records and papers of the Commission shall be delivered to the
Archivist of the United States for deposit in the National Archives.
SEC. 708. DIRECT APPROPRIATIONS.
(a) In General.--For the purpose of carrying out this title, there
is authorized to be appropriated, and there is appropriated, to remain
available until expended, out of any money in the Treasury not
otherwise appropriated--
(1) for fiscal year 2021, $7,000,000; and
(2) for fiscal year 2022, $7,000,000.
(b) Limitation.--None of the funds provided by this section may be
used for international travel.
SEC. 709. SUNSET.
The Commission shall terminate 60 days after the date on which the
Commission submits the report required under section 705(c) to
Congress.
TITLE VIII--LAW ENFORCEMENT AGENCY HIRING AND EDUCATION
Subtitle A--Hiring
SEC. 801. LAW ENFORCEMENT AGENCY HIRING.
Section 1701(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10381(b)) is amended--
(1) by redesignating paragraphs (22) and (23) as paragraphs
(23) and (24), respectively;
(2) in paragraph (23), as so redesignated, by striking
``(21)'' and inserting ``(22)''; and
(3) by inserting after paragraph (21) the following:
``(22) for a law enforcement agency that has a
substantially different racial and ethnic demographic makeup
than the community served by the agency, to hire recruiters and
enroll law enforcement officer candidates in law enforcement
academies to become career law enforcement officers who have
racial and ethnic demographic characteristics similar to the
community;''.
SEC. 802. REAUTHORIZATION OF LAW ENFORCEMENT GRANT PROGRAMS.
(a) Edward Byrne Memorial Justice Assistance Grant Program.--
Section 511 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (Public Law 90-351; 82 Stat. 197), as so redesignated by
this Act, is amended by striking ``this subpart $1,095,000,000 for each
of the fiscal years 2006 through 2012'' and inserting ``this subpart,
including sections 508, 509, and 510, $800,000,000 for each of fiscal
years 2021 through 2025''.
(b) Reauthorization of Cops on the Beat Grant Program.--Section
1001(a)(11)(A) of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10261(a)(11)(A)) is amended by striking ``part
Q, to remain available until expended $1,047,119,000 for each of fiscal
years 2006 through 2009'' and inserting ``part Q, including section
1701(n), to remain available until expended $400,000,000 for each of
fiscal years 2021 through 2025''.
Subtitle B--Training
SEC. 811. DEFINITIONS.
In this subtitle:
(1) Director.--The term ``Director'' means the Director of
the National Museum of African American History and Culture.
(2) Eligible program participant.--The term ``eligible
program participant'' means a Federal, State, or local law
enforcement officer or recruiter, or a candidate in a law
enforcement academy.
SEC. 812. PROGRAM AUTHORIZED.
(a) Direct Appropriations.--For the purpose of carrying out this
subtitle, there is authorized to be appropriated, and there is
appropriated, to remain available until expended, out of any money in
the Treasury not otherwise appropriated--
(1) for fiscal year 2021, $2,000,000;
(2) for fiscal year 2022, $2,000,000;
(3) for fiscal year 2023, $2,000,000;
(4) for fiscal year 2024, $2,000,000; and
(5) for fiscal year 2025, $2,000,000.
(b) Donations, Gifts, Bequests, and Devises of Property.--In
accordance with chapter 23 of title 36, United States Code, and in
furtherance of the purposes of this subtitle, the Director is
authorized to solicit, accept, hold, administer, invest, and use
donated funds and gifts, bequests, and devises of property, both real
and personal.
(c) Use of Funds.--The Director, using funds appropriated under
subsection (a) and resources received under subsection (b), including
through the engagement of eligible program participants as appropriate
and in consultation with the National Law Enforcement Museum--
(1) shall develop and nationally disseminate a curriculum
to educate eligible program participants on the history of
racism in the United States; and
(2) shall carry out education program training for eligible
program participants that focuses on--
(A) racial reconciliation with the goal of
understanding the history of racism in America;
(B) improving relationships between law enforcement
and the communities they serve; and
(C) training eligible program participants who can
effectively train their law enforcement peers in their
State and communities.
(d) Applications.--The Director may seek the engagement of an
eligible program participant under subsection (c) by requiring
submission of an application to the Director at such time, in such
manner, and based on such competitive criteria as the Director may
require.
SEC. 813. ONLINE EDUCATION RESOURCES.
(a) Website.--The Director shall maintain on the website of the
National Museum of African American History and Culture a special
section designated for education resources to improve awareness and
understanding of the history of racism in the United States and to
promote racial reconciliation through best practices to improve
relations between law enforcement and the communities they serve. The
website and resources shall be made publically available.
(b) Information Distribution.--The Director shall distribute
information about the activities funded under this subtitle through the
website of the National Museum of African American History and Culture,
and shall respond to inquiries for supplementary information concerning
such activities.
(c) Best Practices.--The information distributed by the Director
shall include best practices for educators.
SEC. 814. NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND CULTURE
COUNCIL.
The National Museum of African American History and Culture Council
established under section 5 of the National Museum of African American
History and Culture Act (20 U.S.C. 80r-3), shall have governance
responsibility for the programs and activities carried out under this
subtitle in accordance with the National Museum of African American
History and Culture Act (20 U.S.C. 80r).
SEC. 815. ENGAGEMENT OF ELIGIBLE PROGRAM PARTICIPANTS.
(a) In General.--An eligible program participant shall be engaged
at the discretion of the Director to participate in education program
activities authorized under this subtitle and approved by the Director
pursuant to an application described in section 812(d).
(b) Engagement Period.--Engagement of eligible program participants
under this subtitle shall be for a period determined by the Director.
(c) Priority.--In engaging eligible program participants under
section 812, the Director shall give priority to applications from such
participants who work for a Federal, State, or local law enforcement
agency that does not, at the time application is made, offer any
education programming on the history of racism or best practices to
improve race relations between law enforcement and the communities they
serve.
SEC. 816. ANNUAL REPORT.
Not later than February 1 of each year, the Director shall submit
to the Congress a report describing the activities carried out under
this subtitle.
TITLE IX--BEST PRACTICES AND STUDIES
SEC. 901. BEST PRACTICES.
(a) In General.--The National Criminal Justice Commission
established under title VIII (referred to in this title as the
``Commission'') shall--
(1) develop recommended best practices guidelines to ensure
fair and effective policing tactics and procedures that
encourage equitable justice, community trust, and law
enforcement officer safety;
(2) include the recommended best practices described in
paragraph (1) in the recommendations of the Commission required
under section 705; and
(3) best practices for developing standards for law
enforcement officer due process.
(b) Requirements.--The best practices required to be developed
under subsection (a) shall include--
(1) best practices for the hiring, firing, suspension, and
discipline of law enforcement officers; and
(2) best practices for community transparency and optimal
administration of a law enforcement agency.
SEC. 902. STUDY.
(a) In General.--The Commission shall conduct a study on the
establishment and operation of use of force review boards by States and
units of local government, wherein citizens can assist law enforcement
agencies in reviewing use of force incidents.
(b) Inclusion in Commission Recommendations.--The Commission shall
include a report on the study conducted under subsection (a), which
shall include recommendations, if any, for best practices for State and
local use of force review boards, as well as best practices for
developing standards for law enforcement officer due process, in the
recommendations of the Commission required under section 705.
SEC. 903. MENTAL HEALTH STUDY.
(a) In General.--The Commission shall conduct a study on law
enforcement officer training, crisis intervention teams, co-responder
programs, personnel requirements, Federal resources, and pilot programs
needed to improve nationwide law enforcement officer engagement on
issues related to mental health, homelessness, and addiction.
(b) Inclusion in Commission Recommendations.--The Commission shall
include a report on the study conducted under subsection (a), which
shall include recommendations, if any, in the recommendations of the
Commission required under section 705.
SEC. 904. STUDY AND PROPOSAL ON IMPROVING ACCOUNTABILITY FOR DOJ
GRANTS.
(a) Definitions.--In this section--
(1) the term ``covered grant'' means a grant awarded under
a covered grant program; and
(2) the term ``covered grant program'' means--
(A) the Edward Byrne Memorial Justice Assistance
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.);
(B) the ``Cops on the Beat'' program under part Q
of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10381 et seq.); and
(C) any other grant program administered by the
Attorney General that provides funds to law enforcement
agencies.
(b) Study and Proposal.--Not later than 1 year after the date of
enactment of this Act, the Attorney General shall study, and submit to
Congress a proposal regarding, the possible implementation of a method
to improve accountability for law enforcement agencies that receive
funds from covered grant programs.
(c) Contents.--In carrying out subsection (b), the Attorney General
shall develop discrete performance metrics for law enforcement agencies
that apply for and receive funds from covered grant programs, the
parameters of which shall--
(1) establish benchmarks of progress, measured on a
semiannual or annual basis, as appropriate;
(2) require annual accounting by a recipient of a covered
grant of the progress made toward each benchmark described in
paragraph (1); and
(3) provide that--
(A) the failure to achieve a benchmark described in
paragraph (1) shall constitute a violation of the grant
agreement;
(B) if a recipient does not cure a violation by
achieving the applicable benchmark not later than 90
days after the date of the violation, the recipient
shall return the amounts of the covered grant to the
Attorney General; and
(C) a law enforcement agency that violates a grant
agreement may not apply for a covered grant for a
period of 1 year.
TITLE X--CLOSING THE LAW ENFORCEMENT CONSENT LOOPHOLE ACT
SEC. 1001. 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 who has
been arrested by, is detained by, or is in 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) Abusive Sexual Contact.--Section 2244(a) of title 18, United
States Code, is amended by--
(1) in paragraph (4), by striking ``or'' at the end;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) subsection (c) of section 2243 of this title had the
sexual contact been a sexual act, shall be fined under this
title, imprisoned not more than 15 years, or both; or''.
(c) 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.''.
(d) 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. 1002. INCENTIVE FOR STATES.
(a) Authority to Make Grants.--The Attorney General is authorized
to make grants to States that have in effect a law that--
(1) makes it a criminal offense for any person acting under
color of law of the State to engage in a sexual act (as defined
in section 2246 of title 18, United States Code) with an
individual who has been arrested by, is detained by, or is in
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.
(b) Reporting Requirement.--A State that receives a grant under
this section 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 regarding persons engaging in a sexual act (as
defined in section 2246 of title 18, United States Code) 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.
(c) Application.--A State seeking a grant under this section shall
submit an application to the Attorney General at such time, in such
manner, and containing such information as the Attorney General may
reasonably require, including information about the law described in
subsection (a).
(d) Grant Amount.--The amount of a grant to a State under this
section shall be in an amount that is not greater than 10 percent of
the average of the total amount of funding of the 3 most recent awards
that the State received under the following grant programs:
(1) Part T of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10441 et seq.) (commonly
referred to as the ``STOP Violence Against Women Formula Grant
Program'').
(2) Section 41601 of the Violence Against Women Act of 1994
(34 U.S.C. 12511) (commonly referred to as the ``Sexual Assault
Services Program'').
(e) Grant Term.--
(1) In general.--The Attorney General shall provide an
increase in the amount provided to a State under the grant
programs described in subsection (d) for a 2-year period.
(2) Renewal.--A State that receives a grant under this
section may submit an application for a renewal of such grant
at such time, in such manner, and containing such information
as the Attorney General may reasonably require.
(3) Limit.--A State may not receive a grant under this
section for more than 4 years.
(f) Uses of Funds.--A State that receives a grant under this
section shall use--
(1) 25 percent of such funds for any of the permissible
uses of funds under the grant program described in paragraph
(1) of subsection (d); and
(2) 75 percent of such funds for any of the permissible
uses of funds under the grant program described in paragraph
(2) of subsection (d).
(g) Direct Appropriations.--For the purpose of making grants under
this section, there is authorized to be appropriated, and there is
appropriated, to remain available until expended, out of any money in
the Treasury not otherwise appropriated--
(1) for fiscal year 2021, $5,000,000;
(2) for fiscal year 2022, $5,000,000;
(3) for fiscal year 2023, $5,000,000;
(4) for fiscal year 2024, $5,000,000; and
(5) for fiscal year 2025, $5,000,000.
(h) Definition.--For purposes of this section, the term ``State''
means each of the several States and the District of Columbia, Indian
Tribes, and the Commonwealth of Puerto Rico, Guam, American Samoa, the
Virgin Islands, and the Northern Mariana Islands.
SEC. 1003. 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 1002(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 (as defined in section
2246 of title 18, United States Code) 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 1001, committed during the 1-year period covered by
the report.
TITLE XI--EMERGENCY FUNDING
SEC. 1101. EMERGENCY DESIGNATION.
(a) In General.--The amounts provided under this Act, or an
amendment made by this Act, are designated as an emergency requirement
pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 933(g)).
(b) Designation in Senate.--In the Senate, this Act, and the
amendments made by this Act, is designated as an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018.
Calendar No. 480
116th CONGRESS
2d Session
S. 3985
_______________________________________________________________________
A BILL
To improve and reform policing practices, accountability and
transparency.
_______________________________________________________________________
June 18, 2020
Read the second time and placed on the calendar
Introduced in Senate
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 480.
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