,,ii ,calendar ,no4 #dij #aafth ,,congress #b;d ,session ,h4 ,r4 #gabj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bi1 #bjbj,received ,july #b1 #bjbj,read the first time ,july #bj1 #bjbj,read the second time and placed on the calendar ,,an ,,act ,to hold law enforcement accountable for misconduct in court1 improve transparency through data collection1 and reform police training and policies4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,george ,floyd ,justice in ,policing ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,title ,i--,police ,accountability,subtitle ,a--,holding ,police ,accountable in the ,courts,sec4 #aja4 ,deprivation of rights under color of law4,sec4 #ajb4 ,qualified immunity reform4,sec4 #ajc4 ,pattern and practice investigations4,sec4 #ajd4 ,independent investigations4,subtitle ,b--,law ,enforcement ,trust and ,integrity ,act,sec4 #aaa4 ,short title4,sec4 #aab4 ,definitions4,sec4 #aac4 ,accreditation of law enforcement agencies4,sec4 #aad4 ,law enforcement grants4,sec4 #aae4 ,attorney ,general to conduct study4,sec4 #aaf4 ,authorization of appropriations4,sec4 #aag4 ,national task force on law enforcement oversight4,sec4 #aah4 ,federal data collection on law enforcement practices4,title ,,ii--,policing ,transparency ,through ,data,subtitle ,a--,national ,police ,misconduct ,registry,sec4 #bja4 ,establishment of ,national ,police ,misconduct ,registry4,sec4 #bjb4 ,certification requirements for hiring of law enforcement officers4,subtitle ,b--,,pride ,act,sec4 #bba4 ,short title4,sec4 #bbb4 ,definitions4,sec4 #bbc4 ,use of force reporting4,sec4 #bbd4 ,use of force data reporting4,sec4 #bbe4 ,compliance with reporting requirements4,sec4 #bbf4 ,federal law enforcement reporting4,sec4 #bbg4 ,authorization of appropriations4,title ,,iii--,improving ,police ,training and ,policies,subtitle ,a--,end ,racial and ,religious ,profiling ,act,sec4 #cja4 ,short title4,sec4 #cjb4 ,definitions4,part ,i--,prohibition of ,racial ,profiling,sec4 #caa4 ,prohibition4,sec4 #cab4 ,enforcement4,part ,,ii--,programs ,to ,eliminate ,racial ,profiling ,by ,federal ,law ,enforcement ,agencies,sec4 #cba4 ,policies to eliminate racial profiling4,part ,,iii--,programs ,to ,eliminate ,racial ,profiling ,by ,state and ,local ,law ,enforcement ,agencies,sec4 #cca4 ,policies required for grants4,sec4 #ccb4 ,involvement of ,attorney ,general4,sec4 #ccc4 ,data collection demonstration project4,sec4 #ccd4 ,development of best practices4,sec4 #cce4 ,authorization of appropriations4,part ,,iv--,data ,collection,sec4 #cda4 ,attorney ,general to issue regulations4,sec4 #cdb4 ,publication of data4,sec4 #cdc4 ,limitations on publication of data4,part ,v--,department of ,justice ,regulations and ,reports on ,racial ,profiling in the ,united ,states,sec4 #cea4 ,attorney ,general to issue regulations and reports4,subtitle ,b--,additional ,reforms,sec4 #cfa4 ,training on racial bias and duty to intervene4,sec4 #cfb4 ,ban on no-knock warrants in drug cases4,sec4 #cfc4 ,incentivizing banning of chokeholds and carotid holds4,sec4 #cfd4 ,,peace ,act4,sec4 #cfe4 ,stop ,militarizing ,law ,enforcement ,act4,sec4 #cff4 ,public safety innovation grants4,subtitle ,c--,law ,enforcement ,body ,cameras,part #a--;,federal ,police ,camera and ,accountability ,act ,sec4 #cga4 ,short title4,sec4 #cgb4 ,requirements for ,federal law enforcement officers regarding the use of body cameras4,sec4 #cgc4 ,patrol vehicles with in-car video recording cameras4,sec4 #cgd4 ,facial recognition technology4,sec4 #cge4 ,,gao study4,sec4 #cgf4 ,regulations4,sec4 #cgg4 ,rule of construction4,part #b--,police ,,camera ,act,sec4 #cha4 ,short title4,sec4 #chb4 ,law enforcement body-worn camera requirements4,title ,,iv--,closing the ,law ,enforcement ,consent ,loophole,sec4 #dja4 ,short title4,sec4 #djb4 ,prohibition on engaging in sexual acts while acting under color of law4,sec4 #djc4 ,enactment of laws penalizing engaging in sexual acts while acting under color of law4,sec4 #djd4 ,reports to ,congress4,sec4 #dje4 ,definition4,title ,v--,miscellaneous ,provisions,sec4 #eja4 ,severability4,sec4 #ejb4 ,savings clause4 #b4 ,definitions ,in this ,act3 7#a7 ,byrne grant program ,the term ,byrne grant program means any grant program 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 without regard to whether the funds are characterized as being made available under the ,edward ,byrne ,memorial ,state and ,local ,law ,enforcement ,assistance ,programs1 the ,local ,government ,law ,enforcement ,block ,grants ,program1 the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program1 or otherwise4 7#b7 ,,cops grant program ,the term ,,cops grant program means the grant program authorized under section #agja of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajcha74 7#c7 ,federal law enforcement agency ,the term ,federal law enforcement agency means any agency of the ,united ,states authorized to engage in or supervise the prevention1 detection1 investigation1 or prosecution of any violation of ,federal criminal law4 7#d7 ,federal law enforcement officer ,the term ,federal law enforcement officer has the meaning given the term in section #aae of title #ah1 ,united ,states ,code4 7#e7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #ija of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbea74 7#f7 ,local law enforcement officer ,the term local law enforcement officer means any officer1 agent1 or employee of a ,state or unit of local government authorized by law or by a government agency to engage in or supervise the prevention1 detection1 or investigation of any violation of criminal law4 7#g7 ,state ,the term ,state has the meaning given the term in section #ija of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbea74 7#h7 ,tribal law enforcement officer ,the term tribal law enforcement officer means any officer1 agent1 or employee of an ,indian tribe1 or the ,bureau of ,indian ,affairs1 authorized by law or by a government agency to engage in or supervise the prevention1 detection1 or investigation of any violation of criminal law4 7#i7 ,unit of local government ,the term unit of local government has the meaning given the term in section #ija of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbea74 7#aj7 ,deadly force ,the term deadly force means that force which a reasonable person would consider likely to cause death or serious bodily harm1 including-- 7,a7 the discharge of a firearm2 7,b7 a maneuver that restricts blood or oxygen flow to the brain1 including chokeholds1 strangleholds1 neck restraints1 neckholds1 and carotid artery restraints2 and 7,c7 multiple discharges of an electronic control weapon4 7#aa7 ,use of force ,the term use of force includes-- 7,a7 the use of a firearm1 electronic control weapon1 explosive device1 chemical agent 7such as pepper spray71 baton1 impact projectile1 blunt instrument1 hand1 fist1 foot1 canine1 or vehicle against an individual2 7,b7 the use of a weapon1 including a personal body weapon1 chemical agent1 impact weapon1 extended range impact weapon1 sonic weapon1 sensory weapon1 conducted energy device1 or firearm1 against an individual2 or 7,c7 any intentional pointing of a firearm at an individual4 7#ab7 ,less lethal force ,the term less lethal force means any degree of force that is not likely to cause death or serious bodily injury4 7#ac7 ,facial recognition ,the term facial recognition means an automated or semiautomated process that analyzes biometric data of an individual from video footage to identify or assist in identifying an individual4 ,i ,police ,accountability ,a ,holding ,police ,accountable in the ,courts #aja4 ,deprivation of rights under color of law ,section #bdb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking willfully and inserting knowingly or recklessly2 7#b7 by striking 1 or may be sentenced to death2 and 7#c7 by adding at the end the following3 ,for purposes of this section1 an act shall be considered to have resulted in death if the act was a substantial factor contributing to the death of the person44 #ajb4 ,qualified immunity reform ,section #aigi of the ,revised ,statutes of the ,united ,states 7#db ,u4,s4,c4 #aihc7 is amended by adding at the end the following3 ,it shall not be a defense or immunity in any action brought under this section against a local law enforcement officer 7as such term is defined in section #b of the ,george ,floyd ,justice in ,policing ,act of #bjbj71 or in any action under any source of law against a ,federal investigative or law enforcement officer 7as such term is defined in section #bfhj7;h7 of title #bh1 ,united ,states ,code71 that-- 7#a7 the defendant was acting in good faith1 or that the defendant believed1 reasonably or otherwise1 that his or her conduct was lawful at the time when the conduct was committed2 or 7#b7 the rights1 privileges1 or immunities secured by the ,constitution and laws were not clearly established at the time of their deprivation by the defendant1 or that at such time1 the state of the law was otherwise such that the defendant could not reasonably have been expected to know whether his or her conduct was lawful4 4 #ajc4 ,pattern and practice investigations 7a7 ,subpoena authority ,section #bajdja of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abfja7 is amended-- 7#a7 in subsection 7a71 by inserting 1 by prosecutors1 after conduct by law enforcement officers2 7#b7 in subsection 7b71 by striking paragraph 7#a7 and inserting subsection 7a72 and 7#c7 by adding at the end the following3 7c7 ,subpoena authority ,in carrying out the authority in subsection 7b71 the ,attorney ,general may require by subpoena the production of all information1 documents1 reports1 answers1 records1 accounts1 papers1 and other data in any medium 7including electronically stored information71 as well as any tangible thing and documentary evidence1 and the attendance and testimony of witnesses necessary in the performance of the ,attorney ,general under subsection 7b74 ,such a subpoena1 in the case of contumacy or refusal to obey1 shall be enforceable by order of any appropriate district court of the ,united ,states4 7d7 ,civil action by ,state attorneys general ,whenever it shall appear to the attorney general of any ,state1 or such other official as a ,state may designate1 that a violation of subsection 7a7 has occurred within their ,state1 the ,state attorney general or official1 in the name of the ,state1 may bring a civil action in the appropriate district court of the ,united ,states to obtain appropriate equitable and declaratory relief to eliminate the pattern or practice4 ,in carrying out the authority in this subsection1 the ,state attorney general or official shall have the same subpoena authority as is available to the ,attorney ,general under subsection 7c74 7e7 ,rule of construction ,nothing in this section may be construed to limit the authority of the ,attorney ,general under subsection 7b7 in any case in which a ,state attorney general has brought a civil action under subsection 7d74 7f7 ,reporting requirements ,on the date that is one year after the enactment of the ,george ,floyd ,justice in ,policing ,act of #bjbj1 and annually thereafter1 the ,civil ,rights ,division of the ,department of ,justice shall make publicly available on an internet website a report on1 during the previous year-- 7#a7 the number of preliminary investigations of violations of subsection 7a7 that were commenced2 7#b7 the number of preliminary investigations of violations of subsection 7a7 that were resolved2 and 7#c7 the status of any pending investigations of violations of subsection 7a74 4 7b7 ,grant program 7#a7 ,grants authorized ,the ,attorney ,general may award a grant to a ,state to assist the ,state in conducting pattern and practice investigations under section #bajdja7;d7 of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abfja74 7#b7 ,application ,a ,state seeking a grant under paragraph 7#a7 shall submit an application in such form1 at such time1 and containing such information as the ,attorney ,general may require4 7#c7 ,funding ,there are authorized to be appropriated #ajj1jjj1jjj to the ,attorney ,general for each of fiscal years #bjba through #bjbc to carry out this subsection4 7c7 ,data on ,excessive ,use of ,force ,section #bajdjb of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abfjb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking ,the ,attorney ,general and inserting the following3 7#a7 ,federal collection of data ,the ,attorney ,general 2 and 7,b7 by adding at the end the following3 7#b7 ,state collection of data ,the attorney general of a ,state may1 through appropriate means1 acquire data about the use of excessive force by law enforcement officers and such data may be used by the attorney general in conducting investigations under section #bajdja4 ,this data may not contain any information that may reveal the identity of the victim or any law enforcement officer4 2 and 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,limitation on use of data acquired by the ,attorney ,general ,data acquired under subsection 7a77#a7 shall be used only for research or statistical purposes and may not contain any information that may reveal the identity of the victim or any law enforcement officer4 4 7d7 ,enforcement of pattern or practice relief ,beginning in the first fiscal year that begins after the date that is one year after the date of enactment of this ,act1 a ,state or unit of local government that receives funds under the ,byrne grant program or the ,,cops grant program during a fiscal year may not make available any amount of such funds to a local law enforcement agency if that local law enforcement agency enters into or renews any contractual arrangement1 including a collective bargaining agreement with a labor organization1 that-- 7#a7 would prevent the ,attorney ,general from seeking or enforcing equitable or declaratory relief against a law enforcement agency engaging in a pattern or practice of unconstitutional misconduct2 or 7#b7 conflicts with any terms or conditions contained in a consent decree4 #ajd4 ,independent investigations 7a7 ,in general 7#a7 ,definitions ,in this subsection3 7,a7 ,independent investigation ,the term independent investigation means a criminal investigation or prosecution of a law enforcement officer's use of deadly force1 including one or more of the following3 7i7 ,using an agency or civilian review board that investigates and independently reviews all allegations of use of deadly force made against law enforcement officers in the jurisdiction4 7ii7 ,assigning of the attorney general of the ,state in which the alleged use of deadly force was committed to conduct the criminal investigation and prosecution4 7iii7 ,adopting a procedure under which an independent prosecutor is assigned to investigate and prosecute the case1 including a procedure under which an automatic referral is made to an independent prosecutor appointed and overseen by the attorney general of the ,state in which the alleged use of deadly force was committed4 7iv7 ,adopting a procedure under which an independent prosecutor is assigned to investigate and prosecute the case4 7v7 ,having law enforcement agencies agree to and implement memoranda of understanding with other law enforcement agencies under which the other law enforcement agencies-- 7,i7 shall conduct the criminal investigation into the alleged use of deadly force2 and 7,,ii7 upon conclusion of the criminal investigation1 shall file a report with the attorney general of the ,state containing a determination regarding whether-- 7aa7 the use of deadly force was appropriate2 and 7bb7 any action should be taken by the attorney general of the ,state4 7vi7 ,any substantially similar procedure to ensure impartiality in the investigation or prosecution4 7,b7 ,independent investigation of law enforcement statute ,the term independent investigation of law enforcement statute means a statute requiring an independent investigation in a criminal matter in which-- 7i7 one or more of the possible defendants is a law enforcement officer2 7ii7 one or more of the alleged offenses involves the law enforcement officer's use of deadly force in the course of carrying out that officer's duty2 and 7iii7 the non-,federal law enforcement officer's use of deadly force resulted in a death or injury4 7,c7 ,independent prosecutor ,the term independent prosecutor means1 with respect to a criminal investigation or prosecution of a law enforcement officer's use of deadly force1 a prosecutor who-- 7i7 does not oversee or regularly rely on the law enforcement agency by which the law enforcement officer under investigation is employed2 and 7ii7 would not be involved in the prosecution in the ordinary course of that prosecutor's duties4 7#b7 ,grant program ,the ,attorney ,general may award grants to eligible ,states and ,indian ,tribes to assist in implementing an independent investigation of law enforcement statute4 7#c7 ,eligibility ,to be eligible for a grant under this subsection1 a ,state or ,indian ,tribe shall have in effect an independent investigation of law enforcement statute4 7#d7 ,authorization of appropriations ,there are authorized to be appropriated to the ,attorney ,general #gej1jjj1jjj for fiscal years #bjba through #bjbc to carry out this subsection4 7b7 ,,cops grant program used for civilian review boards ,part ,q of title ,i of the of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajcha et seq47 is amended-- 7#a7 in section #agja7;b7 7#cd ,u4,s4,c4 #ajcha7;b77-- 7,a7 by redesignating paragraphs 7#bb7 and 7#bc7 as paragraphs 7#bc7 and 7#bd71 respectively2 7,b7 in paragraph 7#bc71 as so redesignated1 by striking 7#ba7 and inserting 7#bb72 and 7,c7 by inserting after paragraph 7#ba7 the following3 7#bb7 to develop best practices for and to create civilian review boards2 2 and 7#b7 in section #agji 7#cd ,u4,s4,c4 #ajchi71 by adding at the end the following3 7#h7 civilian review board means an administrative entity that investigates civilian complaints against law enforcement officers and-- 7,a7 is independent and adequately funded2 7,b7 has investigatory authority and subpoena power2 7,c7 has representative community diversity2 7,d7 has policy making authority2 7,e7 provides advocates for civilian complainants2 7,f7 may conduct hearings2 and 7,g7 conducts statistical studies on prevailing complaint trends4 4 ,b ,law ,enforcement ,trust and ,integrity ,act #aaa4 ,short title ,this subtitle may be cited as the ,law ,enforcement ,trust and ,integrity ,act of #bjbj4 #aab4 ,definitions ,in this subtitle3 7#a7 ,community-based organization ,the term community-based organization means a grassroots organization that monitors the issue of police misconduct and that has a local or national presence and membership1 such as the ,national ,association for the ,advancement of ,colored ,people 7,,naacp71 the ,american ,civil ,liberties ,union 7,,aclu71 ,unidos,u,s1 the ,national ,urban ,league1 the ,national ,congress of ,american ,indians1 or the ,national ,asian ,pacific ,american ,legal ,consortium 7,,napalc74 7#b7 ,law enforcement accreditation organization ,the term law enforcement accreditation organization means a professional law enforcement organization involved in the development of standards of accreditation for law enforcement agencies at the national1 ,state1 regional1 or ,tribal level1 such as the ,commission on ,accreditation for ,law ,enforcement ,agencies 7,,calea74 7#c7 ,law enforcement agency ,the term law enforcement agency means a ,state1 local1 ,indian tribal1 or campus public agency engaged in the prevention1 detection1 investigation1 prosecution1 or adjudication of violations of criminal laws4 7#d7 ,professional law enforcement association ,the term professional law enforcement association means a law enforcement membership association that works for the needs of ,federal1 ,state1 local1 or ,indian tribal law enforcement agencies and with the civilian community on matters of common interest1 such as the ,hispanic ,american ,police ,command ,officers ,association 7,,hapcoa71 the ,national ,asian ,pacific ,officers ,association 7,,napoa71 the ,national ,black ,police ,association 7,,nbpa71 the ,national ,latino ,peace ,officers ,association 7,,nlpoa71 the ,national ,organization of ,black ,law ,enforcement ,executives 7,,noble71 ,women in ,law ,enforcement1 the ,native ,american ,law ,enforcement ,association 7,,nalea71 the ,international ,association of ,chiefs of ,police 7,,iacp71 the ,national ,sheriffs' ,association 7,,nsa71 the ,fraternal ,order of ,police 7,,fop71 or the ,national ,association of ,school ,resource ,officers4 7#e7 ,professional civilian oversight organization ,the term professional civilian oversight organization means a membership organization formed to address and advance civilian oversight of law enforcement and whose members are from ,federal1 ,state1 regional1 local1 or ,tribal organizations that review issues or complaints against law enforcement agencies or officers1 such as the ,national ,association for ,civilian ,oversight of ,law ,enforcement 7,,nacole74 #aac4 ,accreditation of law enforcement agencies 7a7 ,standards 7#a7 ,initial analysis ,the ,attorney ,general shall perform an initial analysis of existing accreditation standards and methodology developed by law enforcement accreditation organizations nationwide1 including national1 ,state1 regional1 and ,tribal accreditation organizations4 ,such an analysis shall include a review of the recommendations of the ,final ,report of the ,president's ,taskforce on #bast ,century ,policing1 issued by the ,department of ,justice1 in ,may #bjae4 7#b7 ,development of uniform standards ,after completion of the initial review and analysis under paragraph 7#a71 the ,attorney ,general shall-- 7,a7 recommend1 in consultation with law enforcement accreditation organizations and community-based organizations1 the adoption of additional standards that will result in greater community accountability of law enforcement agencies and an increased focus on policing with a guardian mentality1 including standards relating to-- 7i7 early warning systems and related intervention programs2 7ii7 use of force procedures2 7iii7 civilian review procedures2 7iv7 traffic and pedestrian stop and search procedures2 7v7 data collection and transparency2 7vi7 administrative due process requirements2 7vii7 video monitoring technology2 7viii7 youth justice and school safety2 and 7ix7 recruitment1 hiring1 and training2 and 7,b7 recommend additional areas for the development of national standards for the accreditation of law enforcement agencies in consultation with existing law enforcement accreditation organizations1 professional law enforcement associations1 labor organizations1 community-based organizations1 and professional civilian oversight organizations4 7#c7 ,continuing accreditation process ,the ,attorney ,general shall adopt policies and procedures to partner with law enforcement accreditation organizations1 professional law enforcement associations1 labor organizations1 community-based organizations1 and professional civilian oversight organizations to-- 7,a7 continue the development of further accreditation standards consistent with paragraph 7#b72 and 7,b7 encourage the pursuit of accreditation of ,federal1 ,state1 local1 and ,tribal law enforcement agencies by certified law enforcement accreditation organizations4 7b7 ,use of funds requirements ,section #ejb7;a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaec7;a77 is amended by adding at the end the following3 7#g7 ,an assurance that1 for each fiscal year covered by an application1 the applicant will use not less than #e percent of the total amount of the grant award for the fiscal year to assist law enforcement agencies of the applicant1 including campus public safety departments1 gain or maintain accreditation from certified law enforcement accreditation organizations in accordance with section #aac of the ,law ,enforcement ,trust and ,integrity ,act of #bjbj4 4 7c7 ,eligibility for certain grant funds ,the ,attorney ,general shall1 as appropriate and consistent with applicable law1 allocate ,department of ,justice discretionary grant funding only to ,states or units of local government that require law enforcement agencies of that ,state or unit of local government to gain and maintain accreditation from certified law enforcement accreditation organizations in accordance with this section4 #aad4 ,law enforcement grants 7a7 ,use of funds requirement ,section #ejb7;a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaec7;a771 as amended by section #aac1 is amended by adding at the end the following3 7#h7 ,an assurance that1 for each fiscal year covered by an application1 the applicant will use not less than #e percent of the total amount of the grant award for the fiscal year to study and implement effective management1 training1 recruiting1 hiring1 and oversight standards and programs to promote effective community and problem solving strategies for law enforcement agencies in accordance with section #aad of the ,law ,enforcement ,trust and ,integrity ,act of #bjbj4 4 7b7 ,grant program for community organizations ,the ,attorney ,general may make grants to community-based organizations to study and implement-- 7#a7 effective management1 training1 recruiting1 hiring1 and oversight standards and programs to promote effective community and problem solving strategies for law enforcement agencies2 or 7#b7 effective strategies and solutions to public safety1 including strategies that do not rely on ,federal and local law enforcement agency responses4 7c7 ,use of funds ,grant amounts described in paragraph 7#h7 of section #ejb7;a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaec7;a771 as added by subsection 7a7 of this section1 and grant amounts awarded under subsection 7b7 shall be used to-- 7#a7 study management and operations standards for law enforcement agencies1 including standards relating to administrative due process1 residency requirements1 compensation and benefits1 use of force1 racial profiling1 early warning and intervention systems1 youth justice1 school safety1 civilian review boards or analogous procedures1 or research into the effectiveness of existing programs1 projects1 or other activities designed to address misconduct2 and 7#b7 develop pilot programs and implement effective standards and programs in the areas of training1 hiring and recruitment1 and oversight that are designed to improve management and address misconduct by law enforcement officers4 7d7 ,components of pilot program ,a pilot program developed under subsection 7c77#b7 shall include implementation of the following3 7#a7 ,training ,the implementation of policies1 practices1 and procedures addressing training and instruction to comply with accreditation standards in the areas of-- 7,a7 the use of deadly force1 less lethal force1 and de-escalation tactics and techniques2 7,b7 investigation of officer misconduct and practices and procedures for referring to prosecuting authorities allegations of officer use of excessive force or racial profiling2 7,c7 disproportionate contact by law enforcement with minority communities2 7,d7 tactical and defensive strategy2 7,e7 arrests1 searches1 and restraint2 7,f7 professional verbal communications with civilians2 7,g7 interactions with-- 7i7 youth2 7ii7 individuals with disabilities2 7iii7 individuals with limited ,english proficiency2 and 7iv7 multi-cultural communities2 7,h7 proper traffic1 pedestrian1 and other enforcement stops2 and 7,i7 community relations and bias awareness4 7#b7 ,recruitment1 hiring1 retention1 and promotion of diverse law enforcement officers ,policies1 procedures1 and practices for-- 7,a7 the hiring and recruitment of diverse law enforcement officers who are representative of the communities they serve2 7,b7 the development of selection1 promotion1 educational1 background1 and psychological standards that comport with title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 and 7,c7 initiatives to encourage residency in the jurisdiction served by the law enforcement agency and continuing education4 7#c7 ,oversight ,complaint procedures1 including the establishment of civilian review boards or analogous procedures for jurisdictions across a range of sizes and agency configurations1 complaint procedures by community-based organizations1 early warning systems and related intervention programs1 video monitoring technology1 data collection and transparency1 and administrative due process requirements inherent to complaint procedures for members of the public and law enforcement4 7#d7 ,youth justice and school safety ,uniform standards on youth justice and school safety that include best practices for law enforcement interaction and communication with children and youth1 taking into consideration adolescent development and any disability1 including-- 7,a7 the right to effective and timely notification of a parent or legal guardian of any law enforcement interaction1 regardless of the immigration status of the individuals involved2 and 7,b7 the creation of positive school climates by improving school conditions for learning by-- 7i7 eliminating school-based arrests and referrals to law enforcement2 7ii7 using evidence-based preventative measures and alternatives to school-based arrests and referrals to law enforcement1 such as restorative justice and healing practices2 and 7iii7 using school-wide positive behavioral interventions and supports4 7#e7 ,victim services ,counseling services1 including psychological counseling1 for individuals and communities impacted by law enforcement misconduct4 7e7 ,technical assistance 7#a7 ,in general ,the ,attorney ,general may provide technical assistance to ,states and community-based organizations in furtherance of the purposes of this section4 7#b7 ,models for reduction of law enforcement misconduct ,the technical assistance provided by the ,attorney ,general may include the development of models for ,states and community-based organizations to reduce law enforcement officer misconduct4 ,any development of such models shall be in consultation with community-based organizations4 7f7 ,use of components ,the ,attorney ,general may use any component or components of the ,department of ,justice in carrying out this section4 7g7 ,applications ,an application for a grant under subsection 7b7 shall be submitted in such form1 and contain such information1 as the ,attorney ,general may prescribe by rule4 7h7 ,performance evaluation 7#a7 ,monitoring components 7,a7 ,in general ,each program1 project1 or activity funded under this section shall contain a monitoring component1 which shall be developed pursuant to rules made by the ,attorney ,general4 7,b7 ,requirement ,each monitoring component required under subparagraph 7,a7 shall include systematic identification and collection of data about activities1 accomplishments1 and programs throughout the duration of the program1 project1 or activity and presentation of such data in a usable form4 7#b7 ,evaluation components 7,a7 ,in general ,selected grant recipients shall be evaluated on the local level or as part of a national evaluation1 pursuant to rules made by the ,attorney ,general4 7,b7 ,requirements ,an evaluation conducted under subparagraph 7,a7 may include independent audits of police behavior and other assessments of individual program implementations4 ,for community-based organizations in selected jurisdictions that are able to support outcome evaluations1 the effectiveness of funded programs1 projects1 and activities may be required4 7#c7 ,periodic review and reports ,the ,attorney ,general may require a grant recipient to submit biannually to the ,attorney ,general the results of the monitoring and evaluations required under paragraphs 7#a7 and 7#b7 and such other data and information as the ,attorney ,general determines to be necessary4 7i7 ,revocation or suspension of funding ,if the ,attorney ,general determines1 as a result of monitoring under subsection 7h7 or otherwise1 that a grant recipient under the ,byrne grant program or under subsection 7b7 is not in substantial compliance with the requirements of this section1 the ,attorney ,general may revoke or suspend funding of that grant1 in whole or in part4 7j7 ,civilian review board defined ,in this section1 the term civilian review board means an administrative entity that investigates civilian complaints against law enforcement officers and-- 7#a7 is independent and adequately funded2 7#b7 has investigatory authority and subpoena power2 7#c7 has representative community diversity2 7#d7 has policy making authority2 7#e7 provides advocates for civilian complainants2 7#f7 may conduct hearings2 and 7#g7 conducts statistical studies on prevailing complaint trends4 7k7 ,authorization of appropriations ,there are authorized to be appropriated to the ,attorney ,general #be1jjj1jjj for fiscal year #bjba to carry out the grant program authorized under subsection 7b74 #aae4 ,attorney ,general to conduct study 7a7 ,study 7#a7 ,in general ,the ,attorney ,general shall conduct a nationwide study of the prevalence and effect of any law1 rule1 or procedure that allows a law enforcement officer to delay the response to questions posed by a local internal affairs officer1 or review board on the investigative integrity and prosecution of law enforcement misconduct1 including pre-interview warnings and termination policies4 7#b7 ,initial analysis ,the ,attorney ,general shall perform an initial analysis of existing ,state laws1 rules1 and procedures to determine whether1 at a threshold level1 the effect of the type of law1 rule1 or procedure that raises material investigatory issues that could impair or hinder a prompt and thorough investigation of possible misconduct1 including criminal conduct4 7#c7 ,data collection ,after completion of the initial analysis under paragraph 7#b71 and considering material investigatory issues1 the ,attorney ,general shall gather additional data nationwide on similar laws1 rules1 and procedures from a representative and statistically significant sample of jurisdictions1 to determine whether such laws1 rules1 and procedures raise such material investigatory issues4 7b7 ,reporting 7#a7 ,initial analysis ,not later than #abj days after the date of the enactment of this ,act1 the ,attorney ,general shall-- 7,a7 submit to ,congress a report containing the results of the initial analysis conducted under subsection 7a77#b72 7,b7 make the report submitted under subparagraph 7,a7 available to the public2 and 7,c7 identify the jurisdictions for which the study described in subsection 7a77#c7 is to be conducted4 7#b7 ,data collected ,not later than #b years after the date of the enactment of this ,act1 the ,attorney ,general shall submit to ,congress a report containing the results of the data collected under this section and publish the report in the ,federal ,register4 #aaf4 ,authorization of appropriations ,there are authorized to be appropriated for fiscal year #bjba1 in addition to any other sums authorized to be appropriated-- 7#a7 #be1jjj1jjj for additional expenses relating to the enforcement of section #bajdja of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abfja71 criminal enforcement under sections #bda and #bdb of title #ah1 ,united ,states ,code1 and administrative enforcement by the ,department of ,justice of such sections1 including compliance with consent decrees or judgments entered into under such section #bajdja2 and 7#b7 #c1cjj1jjj for additional expenses related to conflict resolution by the ,department of ,justice's ,community ,relations ,service4 #aag4 ,national task force on law enforcement oversight 7a7 ,establishment ,there is established within the ,department of ,justice a task force to be known as the ,task ,force on ,law ,enforcement ,oversight 7hereinafter in this section referred to as the ,task ,force74 7b7 ,composition ,the ,task ,force shall be composed of individuals appointed by the ,attorney ,general1 who shall appoint not less than #a individual from each of the following3 7#a7 ,the ,special ,litigation ,section of the ,civil ,rights ,division4 7#b7 ,the ,criminal ,section of the ,civil ,rights ,division4 7#c7 ,the ,federal ,coordination and ,compliance ,section of the ,civil ,rights ,division4 7#d7 ,the ,employment ,litigation ,section of the ,civil ,rights ,division4 7#e7 ,the ,disability ,rights ,section of the ,civil ,rights ,division4 7#f7 ,the ,office of ,justice ,programs4 7#g7 ,the ,office of ,community ,oriented ,policing ,services 7,,cops74 7#h7 ,the ,corruption_/,civil ,rights ,section of the ,federal ,bureau of ,investigation4 7#i7 ,the ,community ,relations ,service4 7#aj7 ,the ,office of ,tribal ,justice4 7#aa7 ,the unit within the ,department of ,justice assigned as a liaison for civilian review boards4 7c7 ,powers and duties ,the ,task ,force shall consult with professional law enforcement associations1 labor organizations1 and community-based organizations to coordinate the process of the detection and referral of complaints regarding incidents of alleged law enforcement misconduct4 7d7 ,authorization of appropriations ,there are authorized to be appropriated #e1jjj1jjj for each fiscal year to carry out this section4 #aah4 ,federal data collection on law enforcement practices 7a7 ,agencies ,to report ,each ,federal1 ,state1 ,tribal1 and local law enforcement agency shall report data of the practices enumerated in subsection 7c7 of that agency to the ,attorney ,general4 7b7 ,breakdown of information by race1 ethnicity1 and gender ,for each practice enumerated in subsection 7c71 the reporting law enforcement agency shall provide a breakdown of the numbers of incidents of that practice by race1 ethnicity1 age1 and gender of the officers of the agency and of members of the public involved in the practice4 7c7 ,practices ,to be reported on ,the practices to be reported on are the following3 7#a7 ,traffic violation stops4 7#b7 ,pedestrian stops4 7#c7 ,frisk and body searches4 7#d7 ,instances where law enforcement officers used deadly force1 including-- 7,a7 a description of when and where deadly force was used1 and whether it resulted in death2 7,b7 a description of deadly force directed against an officer and whether it resulted in injury or death2 and 7,c7 the law enforcement agency's justification for use of deadly force1 if the agency determines it was justified4 7d7 ,retention of data ,each law enforcement agency required to report data under this section shall maintain records relating to any matter reported for not less than #d years after those records are created4 7e7 ,penalty for ,states failing ,to report as required 7#a7 ,in general ,for any fiscal year1 a ,state shall not receive any amount that would otherwise be allocated to that ,state under section #eje7;a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaef7;a771 or any amount from any other law enforcement assistance program of the ,department of ,justice1 unless the ,state has ensured1 to the satisfaction of the ,attorney ,general1 that the ,state and each local law enforcement agency of the ,state is in substantial compliance with the requirements of this section4 7#b7 ,reallocation ,amounts not allocated by reason of this subsection shall be reallocated to ,states not disqualified by failure to comply with this section4 7f7 ,regulations ,the ,attorney ,general shall prescribe regulations to carry out this section4 ,,ii ,policing ,transparency ,through ,data ,a ,national ,police ,misconduct ,registry #bja4 ,establishment of ,national ,police ,misconduct ,registry 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall establish a ,national ,police ,misconduct ,registry to be compiled and maintained by the ,department of ,justice4 7b7 ,contents of registry ,the ,registry required to be established under subsection 7a7 shall contain the following data with respect to all ,federal and local law enforcement officers3 7#a7 ,each complaint filed against a law enforcement officer1 aggregated by-- 7,a7 complaints that were found to be credible or that resulted in disciplinary action against the law enforcement officer1 disaggregated by whether the complaint involved a use of force or racial profiling 7as such term is defined in section #cjb72 7,b7 complaints that are pending review1 disaggregated by whether the complaint involved a use of force or racial profiling2 and 7,c7 complaints for which the law enforcement officer was exonerated or that were determined to be unfounded or not sustained1 disaggregated by whether the complaint involved a use of force or racial profiling4 7#b7 ,discipline records1 disaggregated by whether the complaint involved a use of force or racial profiling4 7#c7 ,termination records1 the reason for each termination1 disaggregated by whether the complaint involved a use of force or racial profiling4 7#d7 ,records of certification in accordance with section #bjb4 7#e7 ,records of lawsuits against law enforcement officers and settlements of such lawsuits4 7#f7 ,instances where a law enforcement officer resigns or retires while under active investigation related to the use of force4 7c7 ,federal agency reporting requirements ,not later than #a year after the date of enactment of this ,act1 and every #f months thereafter1 the head of each ,federal law enforcement agency shall submit to the ,attorney ,general the information described in subsection 7b74 7d7 ,state and local law enforcement agency reporting requirements ,beginning in the first fiscal year that begins after the date that is one year after the date of enactment of this ,act and each fiscal year thereafter in which a ,state receives funds under the ,byrne grant program1 the ,state shall1 once every #ahj days1 submit to the ,attorney ,general the information described in subsection 7b7 for the ,state and each local law enforcement agency within the ,state4 7e7 ,public availability of registry 7#a7 ,in general ,in establishing the ,registry required under subsection 7a71 the ,attorney ,general shall make the ,registry available to the public on an internet website of the ,attorney ,general in a manner that allows members of the public to search for an individual law enforcement officer's records of misconduct1 as described in subsection 7b71 involving a use of force or racial profiling4 7#b7 ,privacy protections ,nothing in this subsection shall be construed to supersede the requirements or limitations under section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act of #aigd74 #bjb4 ,certification requirements for hiring of law enforcement officers 7a7 ,in general ,beginning in the first fiscal year that begins after the date that is one year after the date of the enactment of this ,act1 a ,state or unit of local government1 other than an ,indian ,tribe1 may not receive funds under the ,byrne grant program for that fiscal year if1 on the day before the first day of the fiscal year1 the ,state or unit of local government has not-- 7#a7 submitted to the ,attorney ,general evidence that the ,state or unit of local government has a certification and decertification program for purposes of employment as a law enforcement officer in that ,state or unit of local government that is consistent with the rules made under subsection 7c72 and 7#b7 submitted to the ,national ,police ,misconduct ,registry established under section #bja records demonstrating that all law enforcement officers of the ,state or unit of local government have completed all ,state certification requirements during the #a-year period preceding the fiscal year4 7b7 ,availability of information ,the ,attorney ,general shall make available to law enforcement agencies all information in the registry under section #bja for purposes of compliance with the certification and decertification programs described in subsection 7a77#a7 and considering applications for employment4 7c7 ,rules ,the ,attorney ,general shall make rules to carry out this section and section #bja1 including uniform reporting standards4 ,b ,,pride ,act #bba4 ,short title ,this subtitle may be cited as the ,police ,reporting ,information1 ,data1 and ,evidence ,act of #bjbj or the ,,pride ,act of #bjbj4 #bbb4 ,definitions ,in this subtitle3 7#a7 ,local educational agency ,the term local educational agency has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#b7 ,local law enforcement officer ,the term local law enforcement officer has the meaning given the term in section #b1 and includes a school resource officer4 7#c7 ,school ,the term school means an elementary school or secondary school 7as those terms are defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja774 7#d7 ,school resource officer ,the term school resource officer means a sworn law enforcement officer who is-- 7,a7 assigned by the employing law enforcement agency to a local educational agency or school2 7,b7 contracting with a local educational agency or school2 or 7,c7 employed by a local educational agency or school4 #bbc4 ,use of force reporting 7a7 ,reporting requirements 7#a7 ,in general ,beginning in the first fiscal year that begins after the date that is one year after the date of enactment of this ,act and each fiscal year thereafter in which a ,state or ,indian ,tribe receives funds under a ,byrne grant program1 the ,state or ,indian ,tribe shall-- 7,a7 report to the ,attorney ,general1 on a quarterly basis and pursuant to guidelines established by the ,attorney ,general1 information regarding-- 7i7 any incident involving the use of deadly force against a civilian by-- 7,i7 a local law enforcement officer who is employed by the ,state or by a unit of local government in the ,state2 or 7,,ii7 a tribal law enforcement officer who is employed by the ,indian ,tribe2 7ii7 any incident involving the shooting of a local law enforcement officer or tribal law enforcement officer described in clause 7i7 by a civilian2 7iii7 any incident involving the death or arrest of a local law enforcement officer or tribal law enforcement officer2 7iv7 any incident during which use of force by or against a local law enforcement officer or tribal law enforcement officer described in clause 7i7 occurs1 which is not reported under clause 7i71 7ii71 or 7iii72 7v7 deaths in custody2 and 7vi7 uses of force in arrests and booking2 7,b7 establish a system and a set of policies to ensure that all use of force incidents are reported by local law enforcement officers or tribal law enforcement officers2 and 7,c7 submit to the ,attorney ,general a plan for the collection of data required to be reported under this section1 including any modifications to a previously submitted data collection plan4 7#b7 ,report information required 7,a7 ,in general ,the report required under paragraph 7#a77;,a7 shall contain information that includes1 at a minimum-- 7i7 the national origin1 sex1 race1 ethnicity1 age1 disability1 ,english language proficiency1 and housing status of each civilian against whom a local law enforcement officer or tribal law enforcement officer used force2 7ii7 the date1 time1 and location1 including whether it was on school grounds1 and the zip code1 of the incident and whether the jurisdiction in which the incident occurred allows for the open-carry or concealed-carry of a firearm2 7iii7 whether the civilian was armed1 and1 if so1 the type of weapon the civilian had2 7iv7 the type of force used against the officer1 the civilian1 or both1 including the types of weapons used2 7v7 the reason force was used2 7vi7 a description of any injuries sustained as a result of the incident2 7vii7 the number of officers involved in the incident2 7viii7 the number of civilians involved in the incident2 and 7ix7 a brief description regarding the circumstances surrounding the incident1 which shall include information on-- 7,i7 the type of force used by all involved persons2 7,,ii7 the legitimate police objective necessitating the use of force2 7,,iii7 the resistance encountered by each local law enforcement officer or tribal law enforcement officer involved in the incident2 7,,iv7 the efforts by local law enforcement officers or tribal law enforcement officers to-- 7aa7 de-escalate the situation in order to avoid the use of force2 or 7bb7 minimize the level of force used2 and 7,v7 if applicable1 the reason why efforts described in subclause 7,,iv7 were not attempted4 7,b7 ,incidents reported under ,death in ,custody ,reporting ,act ,a ,state or ,indian ,tribe is not required to include in a report under subsection 7a77#a7 an incident reported by the ,state or ,indian ,tribe in accordance with section #bjajd7;a77#b7 of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abajd7;a77#b774 7,c7 ,retention of data ,each law enforcement agency required to report data under this section shall maintain records relating to any matter so reportable for not less than #d years after those records are created4 7#c7 ,audit of use-of-force reporting ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 each ,state or ,indian ,tribe described in paragraph 7#a7 shall-- 7,a7 conduct an audit of the use of force incident reporting system required to be established under paragraph 7#a77;,b72 and 7,b7 submit a report to the ,attorney ,general on the audit conducted under subparagraph 7,a74 7#d7 ,compliance procedure ,prior to submitting a report under paragraph 7#a77;,a71 the ,state or ,indian ,tribe submitting such report shall compare the information compiled to be reported pursuant to clause 7i7 of paragraph 7#a77;,a7 to publicly available sources1 and shall revise such report to include any incident determined to be missing from the report based on such comparison4 ,failure to comply with the procedures described in the previous sentence shall be considered a failure to comply with the requirements of this section4 7b7 ,ineligibility for funds 7#a7 ,in general ,for any fiscal year in which a ,state or ,indian ,tribe fails to comply with this section1 the ,state or ,indian ,tribe1 at the discretion of the ,attorney ,general1 shall be subject to not more than a #aj-percent reduction of the funds that would otherwise be allocated for that fiscal year to the ,state or ,indian ,tribe under a ,byrne grant program4 7#b7 ,reallocation ,amounts not allocated under a ,byrne grant program in accordance with paragraph 7#a7 to a ,state for failure to comply with this section shall be reallocated under the ,byrne grant program to ,states that have not failed to comply with this section4 7#c7 ,information regarding school resource officers ,the ,state or ,indian ,tribe shall ensure that all schools and local educational agencies within the jurisdiction of the ,state or ,indian ,tribe provide the ,state or ,indian ,tribe with the information needed regarding school resource officers to comply with this section4 7c7 ,public availability of data 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 the ,attorney ,general shall publish1 and make available to the public1 a report containing the data reported to the ,attorney ,general under this section4 7#b7 ,privacy protections ,nothing in this subsection shall be construed to supersede the requirements or limitations under section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act of #aigd74 7d7 ,guidance ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general1 in coordination with the ,director of the ,federal ,bureau of ,investigation1 shall issue guidance on best practices relating to establishing standard data collection systems that capture the information required to be reported under subsection 7a77#b71 which shall include standard and consistent definitions for terms4 #bbd4 ,use of force data reporting 7a7 ,technical assistance grants authorized ,the ,attorney ,general may make grants to eligible law enforcement agencies to be used for the activities described in subsection 7c74 7b7 ,eligibility ,in order to be eligible to receive a grant under this section a law enforcement agency shall-- 7#a7 be a tribal law enforcement agency or be located in a ,state that receives funds under a ,byrne grant program2 7#b7 employ not more that #ajj local or tribal law enforcement officers2 7#c7 demonstrate that the use of force policy for local law enforcement officers or tribal law enforcement officers employed by the law enforcement agency is publicly available2 and 7#d7 establish and maintain a complaint system that-- 7,a7 may be used by members of the public to report incidents of use of force to the law enforcement agency2 7,b7 makes all information collected publicly searchable and available2 and 7,c7 provides information on the status of an investigation related to a use of force complaint4 7c7 ,activities described ,a grant made under this section may be used by a law enforcement agency for-- 7#a7 the cost of assisting the ,state or ,indian ,tribe in which the law enforcement agency is located in complying with the reporting requirements described in section #bbc2 7#b7 the cost of establishing necessary systems required to investigate and report incidents as required under subsection 7b77#d72 7#c7 public awareness campaigns designed to gain information from the public on use of force by or against local and tribal law enforcement officers1 including shootings1 which may include tip lines1 hotlines1 and public service announcements2 and 7#d7 use of force training for law enforcement agencies and personnel1 including training on de-escalation1 implicit bias1 crisis intervention techniques1 and adolescent development4 #bbe4 ,compliance with reporting requirements 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 the ,attorney ,general shall conduct an audit and review of the information provided under this subtitle to determine whether each ,state or ,indian ,tribe described in section #bbc7;a77#a7 is in compliance with the requirements of this subtitle4 7b7 ,consistency in data reporting 7#a7 ,in general ,any data reported under this subtitle shall be collected and reported-- 7,a7 in a manner consistent with existing programs of the ,department of ,justice that collect data on local law enforcement officer encounters with civilians2 and 7,b7 in a manner consistent with civil rights laws for distribution of information to the public4 7#b7 ,guidelines ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general shall-- 7,a7 issue guidelines on the reporting requirement under section #bbc2 and 7,b7 seek public comment before finalizing the guidelines required under subparagraph 7,a74 #bbf4 ,federal law enforcement reporting ,the head of each ,federal law enforcement agency shall submit to the ,attorney ,general1 on a quarterly basis and pursuant to guidelines established by the ,attorney ,general1 the information required to be reported by a ,state or ,indian ,tribe under section #bbc4 #bbg4 ,authorization of appropriations ,there are authorized to be appropriated to the ,attorney ,general such sums as are necessary to carry out this subtitle4 ,,iii ,improving ,police ,training and ,policies ,a ,end ,racial and ,religious ,profiling ,act #cja4 ,short title ,this subtitle may be cited as the ,end ,racial and ,religious ,profiling ,act of #bjbj or ,,errpa4 #cjb4 ,definitions ,in this subtitle3 7#a7 ,covered program ,the term covered program means any program or activity funded in whole or in part with funds made available under-- 7,a7 a ,byrne grant program2 and 7,b7 the ,,cops grant program1 except that no program1 project1 or other activity specified in section #agja7;b77#ac7 of part ,q of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajcha et seq47 shall be a covered program under this paragraph4 7#b7 ,governmental body ,the term governmental body means any department1 agency1 special purpose district1 or other instrumentality of ,federal1 ,state1 local1 or ,indian ,tribal government4 7#c7 ,hit rate ,the term hit rate means the percentage of stops and searches in which a law enforcement agent finds drugs1 a gun1 or something else that leads to an arrest4 ,the hit rate is calculated by dividing the total number of searches by the number of searches that yield contraband4 ,the hit rate is complementary to the rate of false stops4 7#d7 ,law enforcement agency ,the term law enforcement agency means any ,federal1 ,state1 or local public agency engaged in the prevention1 detection1 or investigation of violations of criminal1 immigration1 or customs laws4 7#e7 ,law enforcement agent ,the term law enforcement agent means any ,federal1 ,state1 or local official responsible for enforcing criminal1 immigration1 or customs laws1 including police officers and other agents of a law enforcement agency4 7#f7 ,racial profiling 7,a7 ,in general ,the term racial profiling means the practice of a law enforcement agent or agency relying1 to any degree1 on actual or perceived race1 ethnicity1 national origin1 religion1 gender1 gender identity1 or sexual orientation in selecting which individual to subject to routine or spontaneous investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial investigatory procedure1 except when there is trustworthy information1 relevant to the locality and timeframe1 that links a person with a particular characteristic described in this paragraph to an identified criminal incident or scheme4 7,b7 ,exception ,for purposes of subparagraph 7,a71 a tribal law enforcement officer exercising law enforcement authority within ,indian country1 as that term is defined in section #aaea of title #ah1 ,united ,states ,code1 is not considered to be racial profiling with respect to making key jurisdictional determinations that are necessarily tied to reliance on actual or perceived race1 ethnicity1 or tribal affiliation4 7#g7 ,routine or spontaneous investigatory activities ,the term routine or spontaneous investigatory activities means the following activities by a law enforcement agent3 7,a7 ,interviews4 7,b7 ,traffic stops4 7,c7 ,pedestrian stops4 7,d7 ,frisks and other types of body searches4 7,e7 ,consensual or nonconsensual searches of the persons1 property1 or possessions 7including vehicles7 of individuals using any form of public or private transportation1 including motorists and pedestrians4 7,f7 ,data collection and analysis1 assessments1 and predicated investigations4 7,g7 ,inspections and interviews of entrants into the ,united ,states that are more extensive than those customarily carried out4 7,h7 ,immigration-related workplace investigations4 7,i7 ,such other types of law enforcement encounters compiled for or by the ,federal ,bureau of ,investigation or the ,department of ,justice ,bureau of ,justice ,statistics4 7#h7 ,reasonable request ,the term reasonable request means all requests for information1 except for those that-- 7,a7 are immaterial to the investigation2 7,b7 would result in the unnecessary disclosure of personal information2 or 7,c7 would place a severe burden on the resources of the law enforcement agency given its size4 ,i ,prohibition of ,racial ,profiling #caa4 ,prohibition ,no law enforcement agent or law enforcement agency shall engage in racial profiling4 #cab4 ,enforcement 7a7 ,remedy ,the ,united ,states1 or an individual injured by racial profiling1 may enforce this part in a civil action for declaratory or injunctive relief1 filed either in a ,state court of general jurisdiction or in a district court of the ,united ,states4 7b7 ,parties ,in any action brought under this part1 relief may be obtained against-- 7#a7 any governmental body that employed any law enforcement agent who engaged in racial profiling2 7#b7 any agent of such body who engaged in racial profiling2 and 7#c7 any person with supervisory authority over such agent4 7c7 ,nature of proof ,proof that the routine or spontaneous investigatory activities of law enforcement agents in a jurisdiction have had a disparate impact on individuals with a particular characteristic described in section #cjb7f7 shall constitute prima facie evidence of a violation of this part4 7d7 ,attorney's fees ,in any action or proceeding to enforce this part against any governmental body1 the court may allow a prevailing plaintiff1 other than the ,united ,states1 reasonable attorney's fees as part of the costs1 and may include expert fees as part of the attorney's fee4 ,the term prevailing plaintiff means a plaintiff that substantially prevails pursuant to a judicial or administrative judgment or order1 or an enforceable written agreement4 ,,ii ,programs ,to ,eliminate ,racial ,profiling ,by ,federal ,law ,enforcement ,agencies #cba4 ,policies to eliminate racial profiling 7a7 ,in general ,federal law enforcement agencies shall-- 7#a7 maintain adequate policies and procedures designed to eliminate racial profiling2 and 7#b7 cease existing practices that permit racial profiling4 7b7 ,policies ,the policies and procedures described in subsection 7a77#a7 shall include-- 7#a7 a prohibition on racial profiling2 7#b7 training on racial profiling issues as part of ,federal law enforcement training2 7#c7 the collection of data in accordance with the regulations issued by the ,attorney ,general under section #cda2 7#d7 procedures for receiving1 investigating1 and responding meaningfully to complaints alleging racial profiling by law enforcement agents2 and 7#e7 any other policies and procedures the ,attorney ,general determines to be necessary to eliminate racial profiling by ,federal law enforcement agencies4 ,,iii ,programs ,to ,eliminate ,racial ,profiling ,by ,state and ,local ,law ,enforcement ,agencies #cca4 ,policies required for grants 7a7 ,in general ,an application by a ,state or a unit of local government for funding under a covered program shall include a certification that such ,state1 unit of local government1 and any law enforcement agency to which it will distribute funds-- 7#a7 maintains adequate policies and procedures designed to eliminate racial profiling2 and 7#b7 has eliminated any existing practices that permit or encourage racial profiling4 7b7 ,policies ,the policies and procedures described in subsection 7a77#a7 shall include-- 7#a7 a prohibition on racial profiling2 7#b7 training on racial profiling issues as part of law enforcement training2 7#c7 the collection of data in accordance with the regulations issued by the ,attorney ,general under section #cda2 and 7#d7 participation in an administrative complaint procedure or independent audit program that meets the requirements of section #ccb4 7c7 ,effective date ,this section shall take effect #ab months after the date of enactment of this ,act4 #ccb4 ,involvement of ,attorney ,general 7a7 ,regulations 7#a7 ,in general ,not later than #f months after the date of enactment of this ,act and in consultation with stakeholders1 including ,federal1 ,state1 and local law enforcement agencies and community1 professional1 research1 and civil rights organizations1 the ,attorney ,general shall issue regulations for the operation of administrative complaint procedures and independent audit programs to ensure that such procedures and programs provide an appropriate response to allegations of racial profiling by law enforcement agents or agencies4 7#b7 ,guidelines ,the regulations issued under paragraph 7#a7 shall contain guidelines that ensure the fairness1 effectiveness1 and independence of the administrative complaint procedures and independent auditor programs4 7b7 ,noncompliance ,if the ,attorney ,general determines that the recipient of a grant from any covered program is not in compliance with the requirements of section #cca or the regulations issued under subsection 7a71 the ,attorney ,general shall withhold1 in whole or in part 7at the discretion of the ,attorney ,general71 funds for one or more grants to the recipient under the covered program1 until the recipient establishes compliance4 7c7 ,private parties ,the ,attorney ,general shall provide notice and an opportunity for private parties to present evidence to the ,attorney ,general that a recipient of a grant from any covered program is not in compliance with the requirements of this part4 #ccc4 ,data collection demonstration project 7a7 ,technical assistance grants for data collection 7#a7 ,in general ,the ,attorney ,general may1 through competitive grants or contracts1 carry out a #b-year demonstration project for the purpose of developing and implementing data collection programs on the hit rates for stops and searches by law enforcement agencies4 ,the data collected shall be disaggregated by race1 ethnicity1 national origin1 gender1 and religion4 7#b7 ,number of grants ,the ,attorney ,general shall provide not more than #e grants or contracts under this section4 7#c7 ,eligible grantees ,grants or contracts under this section shall be awarded to law enforcement agencies that serve communities where there is a significant concentration of racial or ethnic minorities and that are not already collecting data voluntarily4 7b7 ,required activities ,activities carried out with a grant under this section shall include-- 7#a7 developing a data collection tool and reporting the compiled data to the ,attorney ,general2 and 7#b7 training of law enforcement personnel on data collection1 particularly for data collection on hit rates for stops and searches4 7c7 ,evaluation ,not later than #c years after the date of enactment of this ,act1 the ,attorney ,general shall enter into a contract with an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja77 to analyze the data collected by each of the grantees funded under this section4 7d7 ,authorization of appropriations ,there are authorized to be appropriated to carry out activities under this section-- 7#a7 #e1jjj1jjj1 over a #b-year period1 to carry out the demonstration program under subsection 7a72 and 7#b7 #ejj1jjj to carry out the evaluation under subsection 7c74 #ccd4 ,development of best practices 7a7 ,use of funds requirement ,section #ejb7;a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaec7;a771 as amended by sections #aac and #aad1 is amended by adding at the end the following3 7#i7 ,an assurance that1 for each fiscal year covered by an application1 the applicant will use not less than #aj percent of the total amount of the grant award for the fiscal year to develop and implement best practice devices and systems to eliminate racial profiling in accordance with section #ccd of the ,end ,racial and ,religious ,profiling ,act of #bjbj4 4 7b7 ,development of best practices ,grant amounts described in paragraph 7#i7 of section #ejb7;a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaec7;a771 as added by subsection 7a7 of this section1 shall be for programs that include the following3 7#a7 ,the development and implementation of training to prevent racial profiling and to encourage more respectful interaction with the public4 7#b7 ,the acquisition and use of technology to facilitate the accurate collection and analysis of data4 7#c7 ,the development and acquisition of feedback systems and technologies that identify law enforcement agents or units of agents engaged in1 or at risk of engaging in1 racial profiling or other misconduct4 7#d7 ,the establishment and maintenance of an administrative complaint procedure or independent auditor program4 #cce4 ,authorization of appropriations ,there are authorized to be appropriated to the ,attorney ,general such sums as are necessary to carry out this part4 ,,iv ,data ,collection #cda4 ,attorney ,general to issue regulations 7a7 ,regulations ,not later than #f months after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with stakeholders1 including ,federal1 ,state1 and local law enforcement agencies and community1 professional1 research1 and civil rights organizations1 shall issue regulations for the collection and compilation of data under sections #cba and #cca4 7b7 ,requirements ,the regulations issued under subsection 7a7 shall-- 7#a7 provide for the collection of data on all routine and spontaneous investigatory activities2 7#b7 provide that the data collected shall-- 7,a7 be disaggregated by race1 ethnicity1 national origin1 gender1 disability1 and religion2 7,b7 include the date1 time1 and location of such investigatory activities2 7,c7 include detail sufficient to permit an analysis of whether a law enforcement agency is engaging in racial profiling2 and 7,d7 not include personally identifiable information2 7#c7 provide that a standardized form shall be made available to law enforcement agencies for the submission of collected data to the ,department of ,justice2 7#d7 provide that law enforcement agencies shall compile data on the standardized form made available under paragraph 7#c71 and submit the form to the ,civil ,rights ,division and the ,department of ,justice ,bureau of ,justice ,statistics2 7#e7 provide that law enforcement agencies shall maintain all data collected under this subtitle for not less than #d years2 7#f7 include guidelines for setting comparative benchmarks1 consistent with best practices1 against which collected data shall be measured2 7#g7 provide that the ,department of ,justice ,bureau of ,justice ,statistics shall-- 7,a7 analyze the data for any statistically significant disparities1 including-- 7i7 disparities in the percentage of drivers or pedestrians stopped relative to the proportion of the population passing through the neighborhood2 7ii7 disparities in the hit rate2 and 7iii7 disparities in the frequency of searches performed on racial or ethnic minority drivers and the frequency of searches performed on nonminority drivers2 and 7,b7 not later than #c years after the date of enactment of this ,act1 and annually thereafter-- 7i7 prepare a report regarding the findings of the analysis conducted under subparagraph 7,a72 7ii7 provide such report to ,congress2 and 7iii7 make such report available to the public1 including on a website of the ,department of ,justice1 and in accordance with accessibility standards under the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 and 7#h7 protect the privacy of individuals whose data is collected by-- 7,a7 limiting the use of the data collected under this subtitle to the purposes set forth in this subtitle2 7,b7 except as otherwise provided in this subtitle1 limiting access to the data collected under this subtitle to those ,federal1 ,state1 or local employees or agents who require such access in order to fulfill the purposes for the data set forth in this subtitle2 7,c7 requiring contractors or other nongovernmental agents who are permitted access to the data collected under this subtitle to sign use agreements incorporating the use and disclosure restrictions set forth in subparagraph 7,a72 and 7,d7 requiring the maintenance of adequate security measures to prevent unauthorized access to the data collected under this subtitle4 #cdb4 ,publication of data ,the ,director of the ,bureau of ,justice ,statistics of the ,department of ,justice shall provide to ,congress and make available to the public1 together with each annual report described in section #cda1 the data collected pursuant to this subtitle1 excluding any personally identifiable information described in section #cdc4 #cdc4 ,limitations on publication of data ,the name or identifying information of a law enforcement agent1 complainant1 or any other individual involved in any activity for which data is collected and compiled under this subtitle shall not be-- 7#a7 released to the public2 7#b7 disclosed to any person1 except for-- 7,a7 such disclosures as are necessary to comply with this subtitle2 7,b7 disclosures of information regarding a particular person to that person2 or 7,c7 disclosures pursuant to litigation2 or 7#c7 subject to disclosure under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act71 except for disclosures of information regarding a particular person to that person4 ,v ,department of ,justice ,regulations and ,reports on ,racial ,profiling in the ,united ,states #cea4 ,attorney ,general to issue regulations and reports 7a7 ,regulations ,in addition to the regulations required under sections #ccc and #cda1 the ,attorney ,general shall issue such other regulations as the ,attorney ,general determines are necessary to implement this subtitle4 7b7 ,reports 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and annually thereafter1 the ,attorney ,general shall submit to ,congress a report on racial profiling by law enforcement agencies4 7#b7 ,scope ,each report submitted under paragraph 7#a7 shall include-- 7,a7 a summary of data collected under sections #cba7;b77#c7 and #cca7;b77#c7 and from any other reliable source of information regarding racial profiling in the ,united ,states2 7,b7 a discussion of the findings in the most recent report prepared by the ,department of ,justice ,bureau of ,justice ,statistics under section #cda7;b77#g72 7,c7 the status of the adoption and implementation of policies and procedures by ,federal law enforcement agencies under section #cba and by the ,state and local law enforcement agencies under sections #cca and #ccb2 and 7,d7 a description of any other policies and procedures that the ,attorney ,general believes would facilitate the elimination of racial profiling4 ,b ,additional ,reforms #cfa4 ,training on racial bias and duty to intervene 7a7 ,in general ,the ,attorney ,general shall establish-- 7#a7 a training program for law enforcement officers to cover racial profiling1 implicit bias1 and procedural justice2 and 7#b7 a clear duty for ,federal law enforcement officers to intervene in cases where another law enforcement officer is using excessive force against a civilian1 and establish a training program that covers the duty to intervene4 7b7 ,mandatory training for ,federal law enforcement officers ,the head of each ,federal law enforcement agency shall require each ,federal law enforcement officer employed by the agency to complete the training programs established under subsection 7a74 7c7 ,limitation on eligibility for funds ,beginning in the first fiscal year that begins after the date that is one year after the date of enactment of this ,act1 a ,state or unit of local government may not receive funds under the ,byrne grant program for a fiscal year if1 on the day before the first day of the fiscal year1 the ,state or unit of local government does not require each law enforcement officer in the ,state or unit of local government to complete the training programs established under subsection 7a74 7d7 ,grants ,to train law enforcement officers on use of force ,section #eja7;a77#a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaeb7;a77#a77 is amended by adding at the end the following3 7,i7 ,training programs for law enforcement officers1 including training programs on use of force and a duty to intervene4 4 #cfb4 ,ban on no-knock warrants in drug cases 7a7 ,ban on ,federal warrants in drug cases ,section #eji of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hgi7 is amended by adding at the end the following3 ,a search warrant authorized under this section shall require that a law enforcement officer execute the search warrant only after providing notice of his or her authority and purpose44 7b7 ,limitation on eligibility for funds ,beginning in the first fiscal year that begins after the date that is one year after the date of enactment of this ,act1 a ,state or unit of local government may not receive funds under the ,,cops grant program for a fiscal year if1 on the day before the first day of the fiscal year1 the ,state or unit of local government does not have in effect a law that prohibits the issuance of a no-knock warrant in a drug case4 7c7 ,definition ,in this section1 the term no-knock warrant means a warrant that allows a law enforcement officer to enter a property without requiring the law enforcement officer to announce the presence of the law enforcement officer or the intention of the law enforcement officer to enter the property4 #cfc4 ,incentivizing banning of chokeholds and carotid holds 7a7 ,definition ,in this section1 the term chokehold or carotid hold means the application of any pressure to the throat or windpipe1 the use of maneuvers that restrict blood or oxygen flow to the brain1 or carotid artery restraints that prevent or hinder breathing or reduce intake of air of an individual4 7b7 ,limitation on eligibility for funds ,beginning in the first fiscal year that begins after the date that is one year after the date of enactment of this ,act1 a ,state or unit of local government may not receive funds under the ,byrne grant program or the ,,cops grant program for a fiscal year if1 on the day before the first day of the fiscal year1 the ,state or unit of local government does not have in effect a law that prohibits law enforcement officers in the ,state or unit of local government from using a chokehold or carotid hold4 7c7 ,chokeholds as civil rights violations 7#a7 ,short title ,this subsection may be cited as the ,eric ,garner ,excessive ,use of ,force ,prevention ,act4 7#b7 ,chokeholds as civil rights violations ,section #bdb of title #ah1 ,united ,states ,code1 as amended by section #aja1 is amended by adding at the end the following3 ,for the purposes of this section1 the application of any pressure to the throat or windpipe1 use of maneuvers that restrict blood or oxygen flow to the brain1 or carotid artery restraints which prevent or hinder breathing or reduce intake of air is a punishment1 pain1 or penalty44 #cfd4 ,,peace ,act 7a7 ,short title ,this section may be cited as the ,police ,exercising ,absolute ,care ,with ,everyone ,act of #bjbj or the ,,peace ,act of #bjbj4 7b7 ,use of force by ,federal law enforcement officers 7#a7 ,definitions ,in this subsection3 7,a7 ,deescalation tactics and techniques ,the term deescalation tactics and techniques means proactive actions and approaches used by a ,federal law enforcement officer to stabilize the situation so that more 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,b7 ,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,c7 ,reasonable alternatives 7i7 ,in general ,the term reasonable alternatives means tactics and methods used by a ,federal law enforcement officer to effectuate an arrest that do not unreasonably increase the risk posed to the law enforcement officer or another 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 7ii7 ,deadly force ,with respect to the use of deadly force1 the term reasonable alternatives includes the use of less lethal force4 7,d7 ,totality of the circumstances ,the term totality of the circumstances means all credible facts known to the ,federal law enforcement officer leading up to and at the time of the use of force1 including the actions of the person against whom the ,federal law enforcement officer uses such force and the actions of the ,federal law enforcement officer4 7#b7 ,prohibition on less lethal force ,a ,federal law enforcement officer may not use any less lethal force unless-- 7,a7 the form of less lethal force used is necessary and proportional in order to effectuate an arrest of a person who the officer has probable cause to believe has committed a criminal offense2 and 7,b7 reasonable alternatives to the use of the form of less lethal force have been exhausted4 7#c7 ,prohibition on deadly use of force ,a ,federal law enforcement officer may not use deadly force against a person unless-- 7,a7 the form of deadly force used 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 the form of deadly force creates no substantial risk of injury to a third person2 and 7,c7 reasonable alternatives to the use of the form of deadly force have been exhausted4 7#d7 ,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 ,federal law enforcement officer1 and issue a verbal warning to the person that the ,federal law enforcement officer seeks to apprehend1 which shall-- 7,a7 include a request that the person surrender to the law enforcement officer2 and 7,b7 notify the person that the law enforcement officer will use force against the person if the person resists arrest or flees4 7#e7 ,guidance on use of force ,not later than #abj days after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with impacted persons1 communities1 and 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-- 7,a7 the types of less lethal force and deadly force that are prohibited under paragraphs 7#b7 and 7#c72 and 7,b7 how a ,federal law enforcement officer can-- 7i7 assess whether the use of force is appropriate and necessary2 and 7ii7 use the least amount of force when interacting with-- 7,i7 pregnant individuals2 7,,ii7 children and youth under #ba years of age2 7,,iii7 elderly persons2 7,,iv7 persons with mental1 behavioral1 or physical disabilities or impairments2 7,v7 persons experiencing perceptual or cognitive impairments due to use of alcohol1 narcotics1 hallucinogens1 or other drugs2 7,,vi7 persons suffering from a serious medical condition2 and 7,,vii7 persons with limited ,english proficiency4 7#f7 ,training ,the ,attorney ,general shall provide training to ,federal law enforcement officers on interacting people described in subclauses 7,i7 through 7,,vii7 of paragraph 7#e77;,b77ii74 7#g7 ,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 force or deadly force by a ,federal law enforcement officer was justified if-- 7#a7 that officer's use of use of such force was inconsistent with section #cfd7;b7 of the ,george ,floyd ,justice in ,policing ,act of #bjbj2 or 7#b7 that officer's 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 ,definitions ,in this section-- 7#a7 the terms deadly force and less lethal force have the meanings given such terms in section #b and section #cfd of the ,george ,floyd ,justice in ,policing ,act of #bjbj2 and 7#b7 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 relating to section #aabb the following3 #aabc4 ,limitation on justification defense for ,federal law enforcement officers4 4 7c7 ,limitation on the receipt of funds under the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program 7#a7 ,limitation ,a ,state or unit of local government1 other than an ,indian ,tribe1 may not receive funds that the ,state or unit of local government would otherwise receive under a ,byrne grant program for a fiscal year if1 on the day before the first day of the fiscal year1 the ,state or unit of local government does not have in effect a law that is consistent with subsection 7b7 of this section and section #aabc of title #ah1 ,united ,states ,code1 as determined by the ,attorney ,general4 7#b7 ,subsequent enactment 7,a7 ,in general ,if funds described in paragraph 7#a7 are withheld from a ,state or unit of local government pursuant to paragraph 7#a7 for #a or more fiscal years1 and the ,state or unit of local government enacts or puts in place a law described in paragraph 7#a71 and demonstrates substantial efforts to enforce such law1 subject to subparagraph 7,b71 the ,state or unit of local government shall be eligible1 in the fiscal year after the fiscal year during which the ,state or unit of local government demonstrates such substantial efforts1 to receive the total amount that the ,state or unit of local government would have received during each fiscal year for which funds were withheld4 7,b7 ,limit on amount of prior year funds ,a ,state or unit of local government may not receive funds under subparagraph 7,a7 in an amount that is more than the amount withheld from the ,state or unit of local government during the #e-;fiscal-year period before the fiscal year during which funds are received under subparagraph 7,a74 7#c7 ,guidance ,not later than #abj days after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with impacted persons1 communities1 and organizations1 including representatives of civil and human rights organizations1 individuals against whom a law enforcement officer used force1 and representatives of law enforcement associations1 shall make guidance available to ,states and units of local government on the criteria that the ,attorney ,general will use in determining whether the ,state or unit of local government has in place a law described in paragraph 7#a74 7#d7 ,application ,this subsection shall apply to the first fiscal year that begins after the date that is #a year after the date of the enactment of this ,act1 and each fiscal year thereafter4 #cfe4 ,stop ,militarizing ,law ,enforcement ,act 7a7 ,findings ,congress makes the following findings3 7#a7 ,under section #begf;a of title #aj1 ,united ,states ,code1 the ,department of ,defense is authorized to provide excess property to local law enforcement agencies4 ,the ,defense ,logistics ,agency1 administers such section by operating the ,law ,enforcement ,support ,office program4 7#b7 ,new and used material1 including mine-resistant ambush-protected vehicles and weapons determined by the ,department of ,defense to be military grade are transferred to ,federal1 ,tribal1 ,state1 and local law enforcement agencies through the program4 7#c7 ,as a result local law enforcement agencies1 including police and sheriff's departments1 are acquiring this material for use in their normal operations4 7#d7 ,as a result of the wars in ,iraq and ,afghanistan1 military equipment purchased for1 and used in1 those wars has become excess property and has been made available for transfer to local and ,federal law enforcement agencies4 7#e7 ,in ,fiscal ,year #bjag1 #ejd1jjj1jjj worth of property was transferred to law enforcement agencies4 7#f7 ,more than #f1hjj1jjj1jjj worth of weapons and equipment have been transferred to police organizations in all #ej ,states and four territories through the program4 7#g7 ,in ,may #bjab1 the ,defense ,logistics ,agency instituted a moratorium on weapons transfers through the program after reports of missing equipment and inappropriate weapons transfers4 7#h7 ,though the moratorium was widely publicized1 it was lifted in ,october #bjac without adequate safeguards4 7#i7 ,on ,january #af1 #bjae1 ,president ,barack ,obama issued ,executive ,order #acfhh to better coordinate and regulate the federal transfer of military weapons and equipment to ,state1 local1 and ,tribal law enforcement agencies4 7#aj7 ,in ,july1 #bjag1 the ,government ,accountability ,office reported that the program's internal controls were inadequate to prevent fraudulent applicants' access to the program4 7#aa7 ,on ,august1 #bh1 #bjag1 ,president ,donald ,trump rescinded ,executive ,order #acfhh despite a ,july #bjag ,government ,accountability ,office report finding deficiencies with the administration of the #ajcc program4 7#ab7 ,as a result1 ,federal1 ,state1 and local law enforcement departments across the country are eligible again to acquire free military-grade weapons and equipment that could be used inappropriately during policing efforts in which people and taxpayers could be harmed4 7#ac7 ,the ,department of ,defense categorizes equipment eligible for transfer under the #ajcc program as controlled and un-controlled equipment4 ,controlled equipment includes weapons1 explosives such as flash-bang grenades1 mine-resistant ambush-protected vehicles1 long-range acoustic devices1 aircraft capable of being modified to carry armament that are combat coded1 and silencers1 among other military grade items4 7b7 ,limitation on ,department of ,defense transfer of personal property to local law enforcement agencies 7#a7 ,in general ,section #begf;a of title #aj1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a77;,a71 by striking counterdrug1 counterterrorism1 and border security activities and inserting counterterrorism2 and 7ii7 in paragraph 7#b71 by striking 1 the ,director of ,national ,drug ,control ,policy12 7,b7 in subsection 7b7-- 7i7 in paragraph 7#e71 by striking and at the end2 7ii7 in paragraph 7#f71 by striking the period and inserting a semicolon2 and 7iii7 by adding at the end the following new paragraphs3 7#g7 the recipient submits to the ,department of ,defense a description of how the recipient expects to use the property2 7#h7 the recipient certifies to the ,department of ,defense that if the recipient determines that the property is surplus to the needs of the recipient1 the recipient will return the property to the ,department of ,defense2 7#i7 with respect to a recipient that is not a ,federal agency1 the recipient certifies to the ,department of ,defense that the recipient notified the local community of the request for personal property under this section by-- 7,a7 publishing a notice of such request on a publicly accessible ,internet website2 7,b7 posting such notice at several prominent locations in the jurisdiction of the recipient2 and 7,c7 ensuring that such notices were available to the local community for a period of not less than #cj days2 and 7#aj7 the recipient has received the approval of the city council or other local governing body to acquire the personal property sought under this section4 2 7,c7 by striking subsection 7d72 7,d7 by redesignating subsections 7e7 and 7f7 as subsections 7o7 and 7p71 respectively2 and 7,e7 by inserting after subsection 7c7 the following new subsections3 7d7 ,annual certification accounting for transferred property 7#a7 ,for each fiscal year1 the ,secretary shall submit to ,congress certification in writing that each ,federal or ,state agency to which the ,secretary has transferred property under this section-- 7,a7 has provided to the ,secretary documentation accounting for all controlled property1 including arms and ammunition1 that the ,secretary has transferred to the agency1 including any item described in subsection 7f7 so transferred before the date of the enactment of the ,george ,floyd ,justice in ,policing ,act of #bjbj2 and 7,b7 with respect to a non-,federal agency1 carried out each of paragraphs 7#e7 through 7#h7 of subsection 7b74 7#b7 ,if the ,secretary does not provide a certification under paragraph 7#a7 for a ,federal or ,state agency1 the ,secretary may not transfer additional property to that agency under this section4 7e7 ,annual report on excess property ,before making any property available for transfer under this section1 the ,secretary shall annually submit to ,congress a description of the property to be transferred together with a certification that the transfer of the property would not violate this section or any other provision of law4 7f7 ,limitations on transfers 7#a7 ,the ,secretary may not transfer to ,federal1 ,tribal1 ,state1 or local law enforcement agencies the following under this section3 7,a7 ,firearms1 ammunition1 bayonets1 grenade launchers1 grenades 7including stun and flash-bang71 and explosives4 7,b7 ,vehicles1 except for passenger automobiles 7as such term is defined in section #cbija7;a77#ah7 of title #di1 ,united ,states ,code7 and bucket trucks4 7,c7 ,drones4 7,d7 ,controlled aircraft that-- 7i7 are combat configured or combat coded2 or 7ii7 have no established commercial flight application4 7,e7 ,silencers4 7,f7 ,long-range acoustic devices4 7,g7 ,items in the ,federal ,supply ,class of banned items4 7#b7 ,the ,secretary may not require1 as a condition of a transfer under this section1 that a ,federal or ,state agency demonstrate the use of any small arms or ammunition4 7#c7 ,the limitations under this subsection shall also apply with respect to the transfer of previously transferred property of the ,department of ,defense from one ,federal or ,state agency to another such agency4 7#d7 7,a7 ,the ,secretary may waive the applicability of paragraph 7#a7 to a vehicle described in subparagraph 7,b7 of such paragraph 7other than a mine-resistant ambush-protected vehicle71 if the ,secretary determines that such a waiver is necessary for disaster or rescue purposes or for another purpose where life and public safety are at risk1 as demonstrated by the proposed recipient of the vehicle4 7,b7 ,if the ,secretary issues a waiver under subparagraph 7,a71 the ,secretary shall-- 7i7 submit to ,congress notice of the waiver1 and post such notice on a public ,internet website of the ,department1 by not later than #cj days after the date on which the waiver is issued2 and 7ii7 require1 as a condition of the waiver1 that the recipient of the vehicle for which the waiver is issued provides public notice of the waiver and the transfer1 including the type of vehicle and the purpose for which it is transferred1 in the jurisdiction where the recipient is located by not later than #cj days after the date on which the waiver is issued4 7#e7 ,the ,secretary may provide for an exemption to the limitation under subparagraph 7,d7 of paragraph 7#a7 in the case of parts for aircraft described in such subparagraph that are transferred as part of regular maintenance of aircraft in an existing fleet4 7#f7 ,the ,secretary shall require1 as a condition of any transfer of property under this section1 that the ,federal or ,state agency that receives the property shall return the property to the ,secretary if the agency-- 7,a7 is investigated by the ,department of ,justice for any violation of civil liberties2 or 7,b7 is otherwise found to have engaged in widespread abuses of civil liberties4 7g7 ,conditions for extension of program ,notwithstanding any other provision of law1 amounts authorized to be appropriated or otherwise made available for any fiscal year may not be obligated or expended to carry out this section unless the ,secretary submits to ,congress certification that for the preceding fiscal year that-- 7#a7 each ,federal or ,state agency that has received controlled property transferred under this section has-- 7,a7 demonstrated #ajj percent accountability for all such property1 in accordance with paragraph 7#b7 or 7#c71 as applicable2 or 7,b7 been suspended from the program pursuant to paragraph 7#d72 7#b7 with respect to each non-,federal agency that has received controlled property under this section1 the ,state coordinator responsible for each such agency has verified that the coordinator or an agent of the coordinator has conducted an in-person inventory of the property transferred to the agency and that #ajj percent of such property was accounted for during the inventory or that the agency has been suspended from the program pursuant to paragraph 7#d72 7#c7 with respect to each ,federal agency that has received controlled property under this section1 the ,secretary of ,defense or an agent of the ,secretary has conducted an in-person inventory of the property transferred to the agency and that #ajj percent of such property was accounted for during the inventory or that the agency has been suspended from the program pursuant to paragraph 7#d72 7#d7 the eligibility of any agency that has received controlled property under this section for which #ajj percent of the property was not accounted for during an inventory described in paragraph 7#a7 or 7#b71 as applicable1 to receive any property transferred under this section has been suspended2 and 7#e7 each ,state coordinator has certified1 for each non-,federal agency located in the ,state for which the ,state coordinator is responsible that-- 7,a7 the agency has complied with all requirements under this section2 or 7,b7 the eligibility of the agency to receive property transferred under this section has been suspended2 and 7#f7 the ,secretary of ,defense has certified1 for each ,federal agency that has received property under this section that-- 7,a7 the agency has complied with all requirements under this section2 or 7,b7 the eligibility of the agency to receive property transferred under this section has been suspended4 7h7 ,prohibition on ownership of controlled property ,a ,federal or ,state agency that receives controlled property under this section may not take ownership of the property4 7i7 ,notice to ,congress of property downgrades ,not later than #cj days before downgrading the classification of any item of personal property from controlled or ,federal ,supply ,class1 the ,secretary shall submit to ,congress notice of the proposed downgrade4 7j7 ,notice to ,congress of property cannibalization ,before the ,defense ,logistics ,agency authorizes the recipient of property transferred under this section to cannibalize the property1 the ,secretary shall submit to ,congress notice of such authorization1 including the name of the recipient requesting the authorization1 the purpose of the proposed cannibalization1 and the type of property proposed to be cannibalized4 7k7 ,quarterly reports on use of controlled equipment ,not later than #cj days after the last day of a fiscal quarter1 the ,secretary shall submit to ,congress a report on any uses of controlled property transferred under this section during that fiscal quarter4 7l7 ,reports to ,congress ,not later than #cj days after the last day of a fiscal year1 the ,secretary shall submit to ,congress a report on the following for the preceding fiscal year3 7#a7 ,the percentage of equipment lost by recipients of property transferred under this section1 including specific information about the type of property lost1 the monetary value of such property1 and the recipient that lost the property4 7#b7 ,the transfer of any new 7condition code ,a7 property transferred under this section1 including specific information about the type of property1 the recipient of the property1 the monetary value of each item of the property1 and the total monetary value of all such property transferred during the fiscal year4 4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall apply with respect to any transfer of property made after the date of the enactment of this ,act4 #cff4 ,public safety innovation grants 7a7 ,byrne grants used for local task forces on public safety innovation ,section #eja7;a7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea7;a771 as amended by this ,act1 is further amended by adding at the end the following3 7#c7 ,local task forces on public safety innovation 7,a7 ,in general ,a law enforcement program under paragraph 7#a77;,a7 may include the development of best practices for and the creation of local task forces on public safety innovation1 charged with exploring and developing new strategies for public safety1 including non-law enforcement strategies4 7,b7 ,definition ,the term local task force on public safety innovation means an administrative entity1 created from partnerships between community-based organizations and other local stakeholders1 that may develop innovative law enforcement and non-law enforcement strategies to enhance just and equitable public safety1 repair breaches of trust between law enforcement agencies and the community they pledge to serve1 and enhance accountability of law enforcement officers4 4 7b7 ,crisis ,intervention ,teams ,section #eja7;c7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaeb7;c77 is amended by adding at the end the following3 7#c7 ,in the case of crisis intervention teams funded under subsection 7a77#a77;,h71 a program assessment under this subsection shall contain a report on best practices for crisis intervention4 4 7c7 ,use of ,,cops grant program ,to hire law enforcement officers who are residents of the communities they serve ,section #agja7;b7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajcha7;b771 as amended by this ,act1 is further amended-- 7#a7 by redesignating paragraphs 7#bc7 and 7#bd7 as paragraphs 7#bf7 and 7#bg71 respectively2 7#b7 in paragraph 7#bf71 as so redesignated1 by striking 7#bb7 and inserting 7#be72 and 7#c7 by inserting after paragraph 7#bb7 the following3 7#bc7 to recruit1 hire1 incentivize1 retain1 develop1 and train new1 additional career law enforcement officers or current law enforcement officers who are willing to relocate to communities-- 7,a7 where there are poor or fragmented relationships between police and residents of the community1 or where there are high incidents of crime2 and 7,b7 that are the communities that the law enforcement officers serve1 or that are in close proximity to the communities that the law enforcement officers serve2 7#bd7 to collect data on the number of law enforcement officers who are willing to relocate to the communities where they serve1 and whether such law enforcement officer relocations have impacted crime in such communities2 7#be7 to develop and publicly report strategies and timelines to recruit1 hire1 promote1 retain1 develop1 and train a diverse and inclusive law enforcement workforce1 consistent with merit system principles and applicable law2 4 ,c ,law ,enforcement ,body ,cameras #a ,federal ,police ,camera and ,accountability ,act #cga4 ,short title ,this part may be cited as the ,federal ,police ,camera and ,accountability ,act4 #cgb4 ,requirements for ,federal law enforcement officers regarding the use of body cameras 7a7 ,definitions ,in this section3 7#a7 ,minor ,the term minor means any individual under #ah years of age4 7#b7 ,subject of the video footage ,the term subject of the video footage-- 7,a7 means any identifiable ,federal law enforcement officer or any identifiable suspect1 victim1 detainee1 conversant1 injured party1 or other similarly situated person who appears on the body camera recording2 and 7,b7 does not include people who only incidentally appear on the recording4 7#c7 ,video footage ,the term video footage means any images or audio recorded by a body camera4 7b7 ,requirement to wear body camera 7#a7 ,in general ,federal law enforcement officers shall wear a body camera4 7#b7 ,requirement for body camera ,a body camera required under paragraph 7#a7 shall-- 7,a7 have a field of view at least as broad as the officer's vision2 and 7,b7 be worn in a manner that maximizes the camera's ability to capture video footage of the officer's activities4 7c7 ,requirement ,to activate 7#a7 ,in general ,both the video and audio recording functions of the body camera shall be activated whenever a ,federal law enforcement officer is responding to a call for service or at the initiation of any other law enforcement or investigative stop 7as such term is defined in section #cgc7 between a ,federal law enforcement officer and a member of the public1 except that when an immediate threat to the officer's life or safety makes activating the camera impossible or dangerous1 the officer shall activate the camera at the first reasonable opportunity to do so4 7#b7 ,allowable deactivation ,the body camera shall not be deactivated until the stop has fully concluded and the ,federal law enforcement officer leaves the scene4 7d7 ,notification of subject of recording ,a ,federal law enforcement officer who is wearing a body camera shall notify any subject of the recording that he or she is being recorded by a body camera as close to the inception of the stop as is reasonably possible4 7e7 ,requirements ,notwithstanding subsection 7c71 the following shall apply to the use of a body camera3 7#a7 ,prior to entering a private residence without a warrant or in non-exigent circumstances1 a ,federal law enforcement officer shall ask the occupant if the occupant wants the officer to discontinue use of the officer's body camera4 ,if the occupant responds affirmatively1 the ,federal law enforcement officer shall immediately discontinue use of the body camera4 7#b7 ,when interacting with an apparent crime victim1 a ,federal law enforcement officer shall1 as soon as practicable1 ask the apparent crime victim if the apparent crime victim wants the officer to discontinue use of the officer's body camera4 ,if the apparent crime victim responds affirmatively1 the ,federal law enforcement officer shall immediately discontinue use of the body camera4 7#c7 ,when interacting with a person seeking to anonymously report a crime or assist in an ongoing law enforcement investigation1 a ,federal law enforcement officer shall1 as soon as practicable1 ask the person seeking to remain anonymous1 if the person seeking to remain anonymous wants the officer to discontinue use of the officer's body camera4 ,if the person seeking to remain anonymous responds affirmatively1 the ,federal law enforcement officer shall immediately discontinue use of the body camera4 7f7 ,recording of offers ,to discontinue use of body camera ,each offer of a ,federal law enforcement officer to discontinue the use of a body camera made pursuant to subsection 7e71 and the responses thereto1 shall be recorded by the body camera prior to discontinuing use of the body camera4 7g7 ,limitations on use of body camera ,body cameras shall not be used to gather intelligence information based on ,first ,amendment protected speech1 associations1 or religion1 or to record activity that is unrelated to a response to a call for service or a law enforcement or investigative stop between a law enforcement officer and a member of the public1 and shall not be equipped with or employ any facial recognition technologies4 7h7 ,exceptions ,federal law enforcement officers-- 7#a7 shall not be required to use body cameras during investigative or enforcement stops with the public in the case that-- 7,a7 recording would risk the safety of a confidential informant1 citizen informant1 or undercover officer2 7,b7 recording would pose a serious risk to national security2 or 7,c7 the officer is a military police officer1 a member of the ,united ,states ,army ,criminal ,investigation ,command1 or a protective detail assigned to a ,federal or foreign official while performing his or her duties2 and 7#b7 shall not activate a body camera while on the grounds of any public1 private or parochial elementary or secondary school1 except when responding to an imminent threat to life or health4 7i7 ,retention of footage 7#a7 ,in general ,body camera video footage shall be retained by the law enforcement agency that employs the officer whose camera captured the footage1 or an authorized agent thereof1 for #f months after the date it was recorded1 after which time such footage shall be permanently deleted4 7#b7 ,right to inspect ,during the #f-month retention period described in paragraph 7#a71 the following persons shall have the right to inspect the body camera footage3 7,a7 ,any person who is a subject of body camera video footage1 and their designated legal counsel4 7,b7 ,a parent or legal guardian of a minor subject of body camera video footage1 and their designated legal counsel4 7,c7 ,the spouse1 next of kin1 or legally authorized designee of a deceased subject of body camera video footage1 and their designated legal counsel4 7,d7 ,a ,federal law enforcement officer whose body camera recorded the video footage1 and their designated legal counsel1 subject to the limitations and restrictions in this part4 7,e7 ,the superior officer of a ,federal law enforcement officer whose body camera recorded the video footage1 subject to the limitations and restrictions in this part4 7,f7 ,any defense counsel who claims1 pursuant to a written affidavit1 to have a reasonable basis for believing a video may contain evidence that exculpates a client4 7#c7 ,limitation ,the right to inspect subject to subsection 7j77#a7 shall not include the right to possess a copy of the body camera video footage1 unless the release of the body camera footage is otherwise authorized by this part or by another applicable law4 ,when a body camera fails to capture some or all of the audio or video of an incident due to malfunction1 displacement of camera1 or any other cause1 any audio or video footage that is captured shall be treated the same as any other body camera audio or video footage under this part4 7j7 ,additional retention requirements ,notwithstanding the retention and deletion requirements in subsection 7i71 the following shall apply to body camera video footage under this part3 7#a7 ,body camera video footage shall be automatically retained for not less than #c years if the video footage captures an interaction or event involving-- 7,a7 any use of force2 or 7,b7 an stop about which a complaint has been registered by a subject of the video footage4 7#b7 ,body camera video footage shall be retained for not less than #c years if a longer retention period is voluntarily requested by-- 7,a7 the ,federal law enforcement officer whose body camera recorded the video footage1 if that officer reasonably asserts the video footage has evidentiary or exculpatory value in an ongoing investigation2 7,b7 any ,federal law enforcement officer who is a subject of the video footage1 if that officer reasonably asserts the video footage has evidentiary or exculpatory value2 7,c7 any superior officer of a ,federal law enforcement officer whose body camera recorded the video footage or who is a subject of the video footage1 if that superior officer reasonably asserts the video footage has evidentiary or exculpatory value2 7,d7 any ,federal law enforcement officer1 if the video footage is being retained solely and exclusively for police training purposes2 7,e7 any member of the public who is a subject of the video footage2 7,f7 any parent or legal guardian of a minor who is a subject of the video footage2 or 7,g7 a deceased subject's spouse1 next of kin1 or legally authorized designee4 7k7 ,public review ,for purposes of subparagraphs 7,e71 7,f71 and 7,g7 of subsection 7j77#b71 any member of the public who is a subject of video footage1 the parent or legal guardian of a minor who is a subject of the video footage1 or a deceased subject's next of kin or legally authorized designee1 shall be permitted to review the specific video footage in question in order to make a determination as to whether they will voluntarily request it be subjected to a minimum #c-year retention period4 7l7 ,disclosure 7#a7 ,in general ,except as provided in paragraph 7#b71 all video footage of an interaction or event captured by a body camera1 if that interaction or event is identified with reasonable specificity and requested by a member of the public1 shall be provided to the person or entity making the request in accordance with the procedures for requesting and providing government records set forth in the section #eeb;a of title #e1 ,united ,states ,code4 7#b7 ,exceptions ,the following categories of video footage shall not be released to the public in the absence of express written permission from the non-law enforcement subjects of the video footage3 7,a7 ,video footage not subject to a minimum #c-year retention period pursuant to subsection 7j74 7,b7 ,video footage that is subject to a minimum #c-year retention period solely and exclusively pursuant to paragraph 7#a77;,b7 or 7#b7 of subsection 7j74 7#c7 ,priority of requests ,notwithstanding any time periods established for acknowledging and responding to records requests in section #eeb;a of title #e1 ,united ,states ,code1 responses to requests for video footage that is subject to a minimum #c-year retention period pursuant to subsection 7j77#a77;,a71 where a subject of the video footage is recorded being killed1 shot by a firearm1 or grievously injured1 shall be prioritized and1 if approved1 the requested video footage shall be provided as expeditiously as possible1 but in no circumstances later than #e days following receipt of the request4 7#d7 ,use of redaction technology 7,a7 ,in general ,whenever doing so is necessary to protect personal privacy1 the right to a fair trial1 the identity of a confidential source or crime victim1 or the life or physical safety of any person appearing in video footage1 redaction technology may be used to obscure the face and other personally identifying characteristics of that person1 including the tone of the person's voice1 provided the redaction does not interfere with a viewer's ability to fully1 completely1 and accurately comprehend the events captured on the video footage4 7,b7 ,requirements ,the following requirements shall apply to redactions under subparagraph 7,a73 7i7 ,when redaction is performed on video footage pursuant to this paragraph1 an unedited1 original version of the video footage shall be retained pursuant to the requirements of subsections 7i7 and 7j74 7ii7 ,except pursuant to the rules for the redaction of video footage set forth in this subsection or where it is otherwise expressly authorized by this ,act1 no other editing or alteration of video footage1 including a reduction of the video footage's resolution1 shall be permitted4 7m7 ,prohibited withholding of footage ,body camera video footage may not be withheld from the public on the basis that it is an investigatory record or was compiled for law enforcement purposes where any person under investigation or whose conduct is under review is a police officer or other law enforcement employee and the video footage relates to that person's conduct in their official capacity4 7n7 ,admissibility ,any video footage retained beyond #f months solely and exclusively pursuant to subsection 7j77#b77;,d7 shall not be admissible as evidence in any criminal or civil legal or administrative proceeding4 7o7 ,confidentiality ,no government agency or official1 or law enforcement agency1 officer1 or official may publicly disclose1 release1 or share body camera video footage unless-- 7#a7 doing so is expressly authorized pursuant to this part or another applicable law2 or 7#b7 the video footage is subject to public release pursuant to subsection 7l71 and not exempted from public release pursuant to subsection 7l77#a74 7p7 ,limitation on ,federal law enforcement officer viewing of body camera footage ,no ,federal law enforcement officer shall review or receive an accounting of any body camera video footage that is subject to a minimum #c-year retention period pursuant to subsection 7j77#a7 prior to completing any required initial reports1 statements1 and interviews regarding the recorded event1 unless doing so is necessary1 while in the field1 to address an immediate threat to life or safety4 7q7 ,additional limitations ,video footage may not be-- 7#a7 in the case of footage that is not subject to a minimum #c-year retention period1 viewed by any superior officer of a ,federal law enforcement officer whose body camera recorded the footage absent a specific allegation of misconduct2 or 7#b7 divulged or used by any law enforcement agency for any commercial or other non-law enforcement purpose4 7r7 ,third party maintenance of footage ,where a law enforcement agency authorizes a third party to act as its agent in maintaining body camera footage1 the agent shall not be permitted to independently access1 view1 or alter any video footage1 except to delete videos as required by law or agency retention policies4 7s7 ,enforcement 7#a7 ,in general ,if any ,federal law enforcement officer1 or any employee or agent of a ,federal law enforcement agency fails to adhere to the recording or retention requirements contained in this part1 intentionally interferes with a body camera's ability to accurately capture video footage1 or otherwise manipulates the video footage captured by a body camera during or after its operation-- 7,a7 appropriate disciplinary action shall be taken against the individual officer1 employee1 or agent2 7,b7 a rebuttable evidentiary presumption shall be adopted in favor of a criminal defendant who reasonably asserts that exculpatory evidence was destroyed or not captured2 and 7,c7 a rebuttable evidentiary presumption shall be adopted on behalf of a civil plaintiff suing the ,government1 a ,federal law enforcement agency1 or a ,federal law enforcement officer for damages based on misconduct who reasonably asserts that evidence supporting their claim was destroyed or not captured4 7#b7 ,proof compliance was impossible ,the disciplinary action requirement and rebuttable presumptions described in paragraph 7#a7 may be overcome by contrary evidence or proof of exigent circumstances that made compliance impossible4 7t7 ,use of force investigations ,in the case that a ,federal law enforcement officer equipped with a body camera is involved in1 a witness to1 or within viewable sight range of either the use of force by another law enforcement officer that results in a death1 the use of force by another law enforcement officer1 during which the discharge of a firearm results in an injury1 or the conduct of another law enforcement officer that becomes the subject of a criminal investigation-- 7#a7 the law enforcement agency that employs the law enforcement officer1 or the agency or department conducting the related criminal investigation1 as appropriate1 shall promptly take possession of the body camera1 and shall maintain such camera1 and any data on such camera1 in accordance with the applicable rules governing the preservation of evidence2 7#b7 a copy of the data on such body camera shall be made in accordance with prevailing forensic standards for data collection and reproduction2 and 7#c7 such copied data shall be made available to the public in accordance with subsection 7l74 7u7 ,limitation on use of footage as evidence ,any body camera video footage recorded by a ,federal law enforcement officer that violates this part or any other applicable law may not be offered as evidence by any government entity1 agency1 department1 prosecutorial office1 or any other subdivision thereof in any criminal or civil action or proceeding against any member of the public4 7v7 ,publication of agency policies ,any ,federal law enforcement agency policy or other guidance regarding body cameras1 their use1 or the video footage therefrom that is adopted by a ,federal agency or department1 shall be made publicly available on that agency's website4 7w7 ,rule of construction ,nothing in this part shall be construed to preempt any laws governing the maintenance1 production1 and destruction of evidence in criminal investigations and prosecutions4 #cgc4 ,patrol vehicles with in-car video recording cameras 7a7 ,definitions ,in this section3 7#a7 ,audio recording ,the term audio recording means the recorded conversation between a ,federal law enforcement officer and a second party4 7#b7 ,emergency lights ,the term emergency lights means oscillating1 rotating1 or flashing lights on patrol vehicles4 7#c7 ,enforcement or investigative stop ,the term enforcement or investigative stop means an action by a ,federal law enforcement officer in relation to enforcement and investigation duties1 including traffic stops1 pedestrian stops1 abandoned vehicle contacts1 motorist assists1 commercial motor vehicle stops1 roadside safety checks1 requests for identification1 or responses to requests for emergency assistance4 7#d7 ,in-car video camera ,the term in-car video camera means a video camera located in a patrol vehicle4 7#e7 ,in-car video camera recording equipment ,the term in-car video camera recording equipment means a video camera recording system located in a patrol vehicle consisting of a camera assembly1 recording mechanism1 and an in-car video recording medium4 7#f7 ,recording ,the term recording means the process of capturing data or information stored on a recording medium as required under this section4 7#g7 ,recording medium ,the term recording medium means any recording medium for the retention and playback of recorded audio and video including ,,vhs1 ,,dvd1 hard drive1 solid state1 digital1 or flash memory technology4 7#h7 ,wireless microphone ,the term wireless microphone means a device worn by a ,federal law enforcement officer or any other equipment used to record conversations between the officer and a second party and transmitted to the recording equipment4 7b7 ,requirements 7#a7 ,in general ,each ,federal law enforcement agency shall install in-car video camera recording equipment in all patrol vehicles with a recording medium capable of recording for a period of #aj hours or more and capable of making audio recordings with the assistance of a wireless microphone4 7#b7 ,recording equipment requirements ,in-car video camera recording equipment with a recording medium capable of recording for a period of #aj hours or more shall record activities-- 7,a7 whenever a patrol vehicle is assigned to patrol duty2 7,b7 outside a patrol vehicle whenever-- 7i7 a ,federal law enforcement officer assigned that patrol vehicle is conducting an enforcement or investigative stop2 7ii7 patrol vehicle emergency lights are activated or would otherwise be activated if not for the need to conceal the presence of law enforcement2 or 7iii7 an officer reasonably believes recording may assist with prosecution1 enhance safety1 or for any other lawful purpose2 and 7,c7 inside the vehicle when transporting an arrestee or when an officer reasonably believes recording may assist with prosecution1 enhance safety1 or for any other lawful purpose4 7#c7 ,requirements for recording 7,a7 ,in general ,a ,federal law enforcement officer shall begin recording for an enforcement or investigative stop when the officer determines an enforcement stop is necessary and shall continue until the enforcement action has been completed and the subject of the enforcement or investigative stop or the officer has left the scene4 7,b7 ,activation with lights ,a ,federal law enforcement officer shall begin recording when patrol vehicle emergency lights are activated or when they would otherwise be activated if not for the need to conceal the presence of law enforcement1 and shall continue until the reason for the activation ceases to exist1 regardless of whether the emergency lights are no longer activated4 7,c7 ,permissible recording ,a ,federal law enforcement officer may begin recording if the officer reasonably believes recording may assist with prosecution1 enhance safety1 or for any other lawful purpose2 and shall continue until the reason for recording ceases to exist4 7#d7 ,enforcement or investigative stops ,a ,federal law enforcement officer shall record any enforcement or investigative stop4 ,audio recording shall terminate upon release of the violator and prior to initiating a separate criminal investigation4 7c7 ,retention of recordings ,recordings made on in-car video camera recording medium shall be retained for a storage period of at least #ij days4 ,under no circumstances shall any recording made on in-car video camera recording medium be altered or erased prior to the expiration of the designated storage period4 ,upon completion of the storage period1 the recording medium may be erased and reissued for operational use unless otherwise ordered or if designated for evidentiary or training purposes4 7d7 ,accessibility of recordings ,audio or video recordings made pursuant to this section shall be available under the applicable provisions of section #eeb;a of title #e1 ,united ,states ,code4 ,only recorded portions of the audio recording or video recording medium applicable to the request will be available for inspection or copying4 7e7 ,maintenance required ,the agency shall ensure proper care and maintenance of in-car video camera recording equipment and recording medium4 ,an officer operating a patrol vehicle must immediately document and notify the appropriate person of any technical difficulties1 failures1 or problems with the in-car video camera recording equipment or recording medium4 ,upon receiving notice1 every reasonable effort shall be made to correct and repair any of the in-car video camera recording equipment or recording medium and determine if it is in the public interest to permit the use of the patrol vehicle4 #cgd4 ,facial recognition technology ,no camera or recording device authorized or required to be used under this part may be equipped with or employ facial recognition technology1 and footage from such a camera or recording device may not be subjected to facial recognition technology4 #cge4 ,,gao study ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a study on ,federal law enforcement officer training1 vehicle pursuits1 use of force1 and interaction with citizens1 and submit a report on such study to-- 7#a7 the ,committees on the ,judiciary of the ,house of ,representatives and of the ,senate2 7#b7 the ,committee on ,oversight and ,reform of the ,house of ,representatives2 and 7#c7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 #cgf4 ,regulations ,not later than #f months after the date of the enactment of this ,act1 the ,attorney ,general shall issue such final regulations as are necessary to carry out this part4 #cgg4 ,rule of construction ,nothing in this part shall be construed to impose any requirement on a ,federal law enforcement officer outside of the course of carrying out that officer's duty4 #b ,police ,,camera ,act #cha4 ,short title ,this part may be cited as the ,police ,creating ,accountability by ,making ,effective ,recording ,available ,act of #bjbj or the ,police ,,camera ,act of #bjbj4 #chb4 ,law enforcement body-worn camera requirements 7a7 ,use of funds requirement ,section #ejb7;a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaec7;a771 as amended by section #ccd1 is amended by adding at the end the following3 7#aj7 ,an assurance that1 for each fiscal year covered by an application1 the applicant will use not less than #e percent of the total amount of the grant award for the fiscal year to develop policies and protocols in compliance with part ,,oo4 4 7b7 ,requirements ,title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq47 is amended by adding at the end the following3 ,,oo ,law enforcement body-worn cameras and recorded data #cjea4 ,use of grant funds 7a7 ,in general ,grant amounts described in paragraph 7#aj7 of section #ejb7;a7 of this title-- 7#a7 shall be used-- 7,a7 to purchase or lease body-worn cameras for use by ,state1 local1 and tribal law enforcement officers 7as defined in section #bejc72 7,b7 for expenses related to the implementation of a body-worn camera program in order to deter excessive force1 improve accountability and transparency of use of force by law enforcement officers1 assist in responding to complaints against law enforcement officers1 and improve evidence collection2 and 7,c7 to implement policies or procedures to comply with the requirements described in subsection 7b72 and 7#b7 may not be used for expenses related to facial recognition technology4 7b7 ,requirements ,a recipient of a grant under subpart #a of part ,e of this title shall-- 7#a7 establish policies and procedures in accordance with the requirements described in subsection 7c7 before law enforcement officers use of body-worn cameras2 7#b7 adopt recorded data collection and retention protocols as described in subsection 7d7 before law enforcement officers use of body-worn cameras2 7#c7 make the policies and protocols described in paragraphs 7#a7 and 7#b7 available to the public2 and 7#d7 comply with the requirements for use of recorded data under subsection 7f74 7c7 ,required policies and procedures ,a recipient of a grant under subpart #a of part ,e of this title shall-- 7#a7 develop with community input and publish for public view policies and protocols for-- 7,a7 the safe and effective use of body-worn cameras2 7,b7 the secure storage1 handling1 and destruction of recorded data collected by body-worn cameras2 7,c7 protecting the privacy rights of any individual who may be recorded by a body-worn camera2 7,d7 the release of any recorded data collected by a body-worn camera in accordance with the open records laws1 if any1 of the ,state2 and 7,e7 making recorded data available to prosecutors1 defense attorneys1 and other officers of the court in accordance with subparagraph 7,e72 and 7#b7 conduct periodic evaluations of the security of the storage and handling of the body-worn camera data4 7d7 ,recorded data collection and retention protocol ,the recorded data collection and retention protocol described in this paragraph is a protocol that-- 7#a7 requires-- 7,a7 a law enforcement officer who is wearing a body-worn camera to provide an explanation if an activity that is required to be recorded by the body-worn camera is not recorded2 7,b7 a law enforcement officer who is wearing a body-worn camera to obtain consent to be recorded from a crime victim or witness before interviewing the victim or witness2 7,c7 the collection of recorded data unrelated to a legitimate law enforcement purpose be minimized to the greatest extent practicable2 7,d7 the system used to store recorded data collected by body-worn cameras to log all viewing1 modification1 or deletion of stored recorded data and to prevent1 to the greatest extent practicable1 the unauthorized access or disclosure of stored recorded data2 7,e7 any law enforcement officer be prohibited from accessing the stored data without an authorized purpose2 and 7,f7 the law enforcement agency to collect and report statistical data on-- 7i7 incidences of use of force1 disaggregated by race1 ethnicity1 gender1 and age of the victim2 7ii7 the number of complaints filed against law enforcement officers2 7iii7 the disposition of complaints filed against law enforcement officers2 7iv7 the number of times camera footage is used for evidence collection in investigations of crimes2 and 7v7 any other additional statistical data that the ,director determines should be collected and reported2 7#b7 allows an individual to file a complaint with a law enforcement agency relating to the improper use of body-worn cameras2 and 7#c7 complies with any other requirements established by the ,director4 7e7 ,reporting ,statistical data required to be collected under subsection 7d77#a77;,d7 shall be reported to the ,director1 who shall-- 7#a7 establish a standardized reporting system for statistical data collected under this program2 and 7#b7 establish a national database of statistical data recorded under this program4 7f7 ,use or transfer of recorded data 7#a7 ,in general ,recorded data collected by an entity receiving a grant under a grant under subpart #a of part ,e of this title from a body-worn camera shall be used only in internal and external investigations of misconduct by a law enforcement agency or officer1 if there is reasonable suspicion that a recording contains evidence of a crime1 or for limited training purposes4 ,the ,director shall establish rules to ensure that the recorded data is used only for the purposes described in this paragraph4 7#b7 ,prohibition on transfer ,except as provided in paragraph 7#c71 an entity receiving a grant under subpart #a of part ,e of this title may not transfer any recorded data collected by the entity from a body-worn camera to another law enforcement or intelligence agency4 7#c7 ,exceptions 7,a7 ,criminal investigation ,an entity receiving a grant under subpart #a of part ,e of this title may transfer recorded data collected by the entity from a body-worn camera to another law enforcement agency or intelligence agency for use in a criminal investigation if the requesting law enforcement or intelligence agency has reasonable suspicion that the requested data contains evidence relating to the crime being investigated4 7,b7 ,civil rights claims ,an entity receiving a grant under subpart #a of part ,e of this title may transfer recorded data collected by the law enforcement agency from a body-worn camera to another law enforcement agency for use in an investigation of the violation of any right1 privilege1 or immunity secured or protected by the ,constitution or laws of the ,united ,states4 7g7 ,audit and assessment 7#a7 ,in general ,not later than #b years after the date of enactment of this part1 the ,director of the ,office of ,audit1 ,assessment1 and ,management shall perform an assessment of the use of funds under this section and the policies and protocols of the grantees4 7#b7 ,reports ,not later than ,september #a of each year1 beginning #b years after the date of enactment of this part1 each recipient of a grant under subpart #a of part ,e of this title shall submit to the ,director of the ,office of ,audit1 ,assessment1 and ,management a report that-- 7,a7 describes the progress of the body-worn camera program2 and 7,b7 contains recommendations on ways in which the ,federal ,government1 ,states1 and units of local government can further support the implementation of the program4 7#c7 ,review ,the ,director of the ,office of ,audit1 ,assessment1 and ,management shall evaluate the policies and protocols of the grantees and take such steps as the ,director of the ,office of ,audit1 ,assessment1 and ,management determines necessary to ensure compliance with the program4 #cjeb4 ,body-worn camera training toolkit 7a7 ,in general ,the ,director shall establish and maintain a body-worn camera training toolkit for law enforcement agencies1 academia1 and other relevant entities to provide training and technical assistance1 including best practices for implementation1 model policies and procedures1 and research materials4 7b7 ,mechanism ,in establishing the toolkit required to under subsection 7a71 the ,director may consolidate research1 practices1 templates1 and tools that been developed by expert and law enforcement agencies across the country4 #cjec4 ,study 7a7 ,in general ,not later than #b years after the date of enactment of the ,police ,,camera ,act of #bjbj1 the ,director shall conduct a study on-- 7#a7 the efficacy of body-worn cameras in deterring excessive force by law enforcement officers2 7#b7 the impact of body-worn cameras on the accountability and transparency of the use of force by law enforcement officers2 7#c7 the impact of body-worn cameras on responses to and adjudications of complaints of excessive force2 7#d7 the effect of the use of body-worn cameras on the safety of law enforcement officers on patrol2 7#e7 the effect of the use of body-worn cameras on public safety2 7#f7 the impact of body-worn cameras on evidence collection for criminal investigations2 7#g7 issues relating to the secure storage and handling of recorded data from the body-worn cameras2 7#h7 issues relating to the privacy of individuals and officers recorded on body-worn cameras2 7#i7 issues relating to the constitutional rights of individuals on whom facial recognition technology is used2 7#aj7 issues relating to limitations on the use of facial recognition technology2 7#aa7 issues relating to the public's access to body-worn camera footage2 7#ab7 the need for proper training of law enforcement officers that use body-worn cameras2 7#ac7 best practices in the development of protocols for the safe and effective use of body-worn cameras2 7#ad7 a review of law enforcement agencies that found body-worn cameras to be unhelpful in the operations of the agencies2 and 7#ae7 any other factors that the ,director determines are relevant in evaluating the efficacy of body-worn cameras4 7b7 ,report ,not later than #ahj days after the date on which the study required under subsection 7a7 is completed1 the ,director shall submit to ,congress a report on the study1 which shall include any policy recommendations that the ,director considers appropriate4 4 ,,iv ,closing the ,law ,enforcement ,consent ,loophole #dja4 ,short title ,this title may be cited as the ,closing the ,law ,enforcement ,consent ,loophole ,act of #bjai4 #djb4 ,prohibition on engaging in sexual acts while acting under color of law 7a7 ,in general ,section #bbdc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by adding at the end the following3 or by any person acting under color of law2 7#b7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 7#c7 by inserting after subsection 7b7 the following3 7c7 ,of an individual by any person acting under color of law 7#a7 ,in general ,whoever1 acting under color of law1 knowingly engages in a sexual act with an individual1 including an individual who is under arrest1 in detention1 or otherwise in the actual custody of any ,federal law enforcement officer1 shall be fined under this title1 imprisoned not more than #ae years1 or both4 7#b7 ,definition ,in this subsection1 the term sexual act has the meaning given the term in section #bbdf4 2 and 7#d7 in subsection 7d71 as so redesignated1 by adding at the end the following3 7#c7 ,in a prosecution under subsection 7c71 it is not a defense that the other individual consented to the sexual act4 4 7b7 ,definition ,section #bbdf of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#e71 by striking and at the end2 7#b7 in paragraph 7#f71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after paragraph 7#f7 the following3 7#g7 the term ,federal law enforcement officer has the meaning given the term in section #aae4 4 7c7 ,clerical amendment ,the table of sections for chapter #aji;,a of title #ah1 ,united ,states ,code1 is amended by amending the item related to section #bbdc to read as follows3 #bbdc4 ,sexual abuse of a minor or ward or by any person acting under color of law4 4 #djc4 ,enactment of laws penalizing engaging in sexual acts while acting under color of law 7a7 ,in general ,beginning in the first fiscal year that begins after the date that is one year after the date of enactment of this ,act1 in the case of a ,state or unit of local government that does not have in effect a law described in subsection 7b71 if that ,state or unit of local government that would otherwise receive funds under the ,,cops grant program1 that ,state or unit of local government shall not be eligible to receive such funds4 ,in the case of a multi-jurisdictional or regional consortium1 if any member of that consortium is a ,state or unit of local government that does not have in effect a law described in subsection 7b71 if that consortium would otherwise receive funds under the ,,cops grant program1 that consortium shall not be eligible to receive such funds4 7b7 ,description of law ,a law described in this subsection is a law that-- 7#a7 makes it a criminal offense for any person acting under color of law of the ,state or unit of local government to engage in a sexual act with an individual1 including an individual who is under arrest1 in detention1 or otherwise in the actual custody of any law enforcement officer2 and 7#b7 prohibits a person charged with an offense described in paragraph 7#a7 from asserting the consent of the other individual as a defense4 7c7 ,reporting requirement ,a ,state or unit of local government that receives a grant under the ,,cops grant program shall submit to the ,attorney ,general1 on an annual basis1 information on-- 7#a7 the number of reports made to law enforcement agencies in that ,state or unit of local government regarding persons engaging in a sexual act while acting under color of law during the previous year2 and 7#b7 the disposition of each case in which sexual misconduct by a person acting under color of law was reported during the previous year4 #djd4 ,reports to ,congress 7a7 ,report by ,attorney ,general ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 the ,attorney ,general shall submit to ,congress a report containing-- 7#a7 the information required to be reported to the ,attorney ,general under section #djc7;b72 and 7#b7 information on-- 7,a7 the number of reports made1 during the previous year1 to ,federal law enforcement agencies regarding persons engaging in a sexual act while acting under color of law2 and 7,b7 the disposition of each case in which sexual misconduct by a person acting under color of law was reported4 7b7 ,report by ,,gao ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on any violations of section #bbdc7;c7 of title #ah1 ,united ,states ,code1 as amended by section #djb1 committed during the #a-year period covered by the report4 #dje4 ,definition ,in this title1 the term sexual act has the meaning given the term in section #bbdf of title #ah1 ,united ,states ,code4 ,v ,miscellaneous ,provisions #eja4 ,severability ,if any provision of this ,act1 or the application of such a provision to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act and the application of the remaining provisions of this ,act to any person or circumstance shall not be affected thereby4 #ejb4 ,savings clause ,nothing in this ,act shall be construed-- 7#a7 to limit legal or administrative remedies under section #aigi of the ,revised ,statutes of the ,united ,states 7#db ,u4,s4,c4 #aihc71 section #bajdja of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abfja71 title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq471 or title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq472 7#b7 to affect any ,federal1 ,state1 or ,tribal law that applies to an ,indian ,tribe because of the political status of the ,tribe2 or 7#c7 to waive the sovereign immunity of an ,indian ,tribe without the consent of the ,tribe4 ,passed the ,house of ,representatives ,june #be1 #bjbj4;,cheryl ,l4 ,johnson1,clerk ,july #bj1 #bjbj,read the second time and placed on the calendar