,i #aafth ,,congress #ast ,session ,h4 ,r4 #dcei ,,in ,,the ,,house ,,of ,,representatives ,september #ag1 #bjai,mr4 ,khanna 7for himself1 ,mr4 ,clay1 ,mr4 ,rush1 ,mr4 ,thompson of ,mississippi1 ,mr4 ,raskin1 ,mr4 ,meeks1 ,ms4 ,clarke of ,new ,york1 ,ms4 ,norton1 ,ms4 ,schakowsky1 ,mr4 ,payne1 ,mr4 ,butterfield1 ,mr4 ,veasey1 ,ms4 ,pressley1 ,ms4 ,lee of ,california1 ,mr4 ,hastings1 ,ms4 ,jackson ,lee1 ,mr4 ,garca of ,illinois1 ,mrs4 ,watson ,coleman1 ,mr4 ,carson of ,indiana1 ,ms4 ,ocasio-,cortez1 ,mr4 ,pocan1 ,ms4 ,waters1 and ,ms4 ,jayapal7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to provide that a ,federal law enforcement officer may not use deadly force or less lethal force unless such force is necessary1 to encourage ,states to adopt similar laws or policies1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,police ,exercising ,absolute ,care ,with ,everyone ,act of #bjai4 #b4 ,use of force by ,federal law enforcement officers 7a7 ,prohibition on less lethal force ,a ,federal law enforcement officer may not use any less lethal force unless such less lethal force is necessary and proportional in order to effectuate an arrest of a person who the officer has probable cause to believe has committed a criminal offense1 and only after exhausting reasonable alternatives to the use of such force4 7b7 ,prohibition on deadly use of force ,a ,federal law enforcement officer may not use deadly force against a person unless-- 7#a7 such force is necessary1 as a last resort1 to prevent imminent and serious bodily injury or death to the officer or another person2 7#b7 the use of such forces creates no substantial risk of injury to a third person2 and 7#c7 reasonable alternatives to the use of such force have been exhausted4 7c7 ,requirement to give verbal warning ,when feasible1 prior to using force against a person1 a ,federal law enforcement officer shall identify himself or herself as a law enforcement officer1 and issue a verbal warning to the person that the law enforcement officer seeks to apprehend1 which warning includes-- 7#a7 a request that the person surrender to the law enforcement officer2 and 7#b7 notifies the person that the law enforcement officer will use force against the person if the person resists arrest or flees4 7d7 ,guidance on use of force ,not later than #abj days after the date of the enactment of this ,act1 the ,attorney ,general1 in consultation with impacted persons1 communities1 or organizations1 including representatives of civil and human rights organizations1 victims of police use of force1 and representatives of law enforcement associations1 shall provide guidance to ,federal law enforcement agencies on the types of less lethal force and deadly force that are prohibited under subsections 7a7 and 7b71 and how a ,federal law enforcement officer can assess whether the use of force is appropriate and necessary1 and use the least amount of force when interacting with-- 7#a7 pregnant women2 7#b7 children and youth under age #ba2 7#c7 elderly persons2 7#d7 persons with mental1 behavioral1 or physical disabilities or impairments2 7#e7 persons experiencing perceptual or cognitive impairments due to use of alcohol1 narcotics1 hallucinogenic1 or other drugs2 7#f7 persons suffering from a serious medical condition2 and 7#g7 persons with limited ,english proficiency4 7e7 ,training ,the ,attorney ,general shall provide training to ,federal law enforcement officers on interacting people described in paragraphs 7#a7 through 7#g7 of subsection 7d74 7f7 ,definitions ,in this section3 7#a7 ,deadly force ,the term deadly force means force that creates a substantial risk of causing death or serious bodily injury1 including the discharge of a firearm1 respiratory chokeholds1 and multiple discharges of an electronic control weapon4 7#b7 ,federal law enforcement officer ,the term ,federal law enforcement officer means any officer1 agent1 or employee of the ,united ,states authorized by law or by a ,government agency to engage in or supervise the prevention1 detection1 investigation1 or prosecution of any violation of ,federal criminal law4 7#c7 ,less lethal force ,the term less lethal force means any degree of force that is not likely to have lethal effect4 7#d7 ,necessary ,the term necessary means that another reasonable ,federal law enforcement officer would objectively conclude1 under the totality of the circumstances1 that there was no reasonable alternative to the use of force4 7#e7 ,reasonable alternatives ,the term reasonable alternatives means tactics and methods used by a law enforcement officer to effectuate an arrest that do not unreasonably increase the risk posed to the law enforcement officer or another person1 including verbal communication1 distance1 warnings1 deescalation tactics and techniques1 tactical repositioning1 and other tactics and techniques intended to stabilize the situation and reduce the immediacy of the risk so that more time1 options1 and resources can be called upon to resolve the situation without the use of force4 ,with respect to the use of deadly force1 such term includes the use of less lethal force4 7#f7 ,deescalation tactics and techniques ,the term deescalation tactics and techniques means proactive actions and approaches used by a law enforcement officer to stabilize the situation so that more time1 options1 and resources are available to gain a person's voluntary compliance and reduce or eliminate the need to use force1 including verbal persuasion1 warnings1 tactical techniques1 slowing down the pace of an incident1 waiting out a subject1 creating distance between the officer and the threat1 and requesting additional resources to resolve the incident4 7#g7 ,totality of the circumstances ,the term totality of the circumstances means all credible facts known to the law enforcement officer leading up to and at the time of the use of force1 including the actions of the person against whom the law enforcement officer uses such force and the actions of the law enforcement officer4 7g7 ,limitation on justification defense 7#a7 ,in general ,chapter #ea of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #aabc4 ,limitation on justification defense for ,federal law enforcement officers 7a7 ,in general ,it is not a defense to an offense under section #aaaa or #aaab that the use of less lethal or deadly force was justified in the case of a ,federal law enforcement officer-- 7#a7 whose use of such force was inconsistent with section #b of the ,police ,exercising ,absolute ,care ,with ,everyone ,act of #bjai2 or 7#b7 whose gross negligence1 leading up to and at the time of the use of force1 contributed to the necessity of the use of such force4 7b7 ,definition ,in this section1 the term ,federal law enforcement officer has the meaning given such term in section #aae4 4 7#b7 ,clerical amendment ,the table of sections for chapter #ea of title #ah1 ,united ,states ,code1 is amended by inserting after the item related to section #aabb the following3 #aabc4 ,limitation on justification defense for ,federal law enforcement officers4 4 #c4 ,limitation on the receipt of funds under the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program 7a7 ,limitation ,a ,state or other jurisdiction may not receive funds that the ,state or other jurisdiction would otherwise receive under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq47 for any fiscal year in which the ,state or other jurisdiction does not have in place a law that is consistent with section #b of this ,act and section #aabc of title #ah1 ,united ,states ,code1 as determined by the ,attorney ,general4 7b7 ,subsequent enactment ,in the case that funds described in subsection 7a7 are withheld from a ,state or other jurisdiction pursuant to subsection 7a71 and the ,state or other jurisdiction subsequently enacts or puts in place a law described in subsection 7a71 and demonstrates substantial efforts to enforce such law1 the ,state or other jurisdiction shall be eligible1 in the subsequent fiscal year1 to receive the total amount that the ,state or other jurisdiction would have received in each fiscal year for which funds were withheld1 not to exceed the total that such ,state or other jurisdiction would have received for a period of #e years4 7c7 ,guidance ,not later than #abj days after the date of the enactment of this ,act1 the ,attorney ,general1 in consultation with impacted persons1 communities1 organizations 7including representatives of civil and human rights organizations71 individuals against whom a law enforcement officer used force1 and representatives of law enforcement associations1 shall make guidance available to ,states and other jurisdictions on the criteria that the ,attorney ,general will use in determining whether the ,state or jurisdiction has in place a law described in subsection 7a74 7d7 ,application ,this section shall apply beginning in the first fiscal year that begins after the date that is one year after the date of the enactment of this ,act4 #d4 ,grants for use of force policy 7a7 ,authorization ,the ,attorney ,general is authorized to make grants to units of local government in ,states that do not have in place a law that is substantially similar to section #b of this ,act and section #aabc of title #ah1 ,united ,states ,code1 and which ,state did not receive funds under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq47 pursuant to section #c1 if the law enforcement agency of that unit of local government has in place a policy related to the use of force by law enforcement officers that is consistent with section #b of this ,act4 7b7 ,application ,a unit of local government seeking a grant under this section may submit to the ,attorney ,general an application at such time1 in such manner1 and containing such information as the ,attorney ,general may reasonably require4 7c7 ,amount ,the amount of a grant under this section shall be an amount which is equal to the amount the unit of local government would otherwise have received under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq471 if the ,state in which the unit of local government is located had received funds under such program4 7d7 ,use of funds ,a grant under this section may be used for the purposes described in section #eja of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaeb74 7e7 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary to carry out this section for each fiscal year1 beginning #bjbj through #bjbd4