1 Title: To hold law enforcement accountable for misconduct in court, improve transparency 2 through data collection, and reform police training and policies. 3 4 5 Be it enacted by the Senate and House of Representatives of the United States of America in 6 Congress assembled,

7 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 8 (a) Short Title.—This Act may be cited as the [“TITLE Act”]. 9 (b) Table of Contents.—The table of contents for this Act is as follows: 10 Sec.1.Short title; table of contents. 11 Sec.2.Definitions.

12 TITLE I—POLICE ACCOUNTABILITY

13 Subtitle A—Holding Police Accountable in the Courts 14 Sec.101.Prohibiting excessive force, sexual misconduct, theft, and obstruction by persons acting 15 under color of law. 16 Sec.102.Civil action for deprivation of rights. 17 Sec.103.Pattern and practice investigations. 18 Sec.104.Independent investigations.

19 Subtitle B—Law Enforcement Trust and Integrity Act 20 Sec.111.Short title. 21 Sec.112.Definitions. 22 Sec.113.Accreditation of law enforcement agencies. 23 Sec.114.Use of existing grants. 24 Sec.115.Authorization of appropriations.

25 TITLE II—POLICING TRANSPARENCY THROUGH DATA

26 Subtitle A—National Police Accountability Database 27 Sec.201.Definitions. 28 Sec.202.Establishment of National Police Accountability Database. 29 Sec.203.Certification requirements for hiring of law enforcement officers. 30 Sec.204.Rules.

31 Subtitle B—PRIDE Act 32 Sec.221.Short title. 1 6/10/2021 4:09 PM

1 Sec.222.Definitions. 2 Sec.223.Expansion of FBI database. 3 Sec.224.Reporting on law enforcement practices. 4 Sec.225.Grants for law enforcement data reporting. 5 Sec.226.Compliance with reporting requirements. 6 Sec.227.Federal law enforcement reporting. 7 Sec.228.Public availability of data. 8 Sec.229.Authorization of appropriations.

9 TITLE III—IMPROVING POLICE POLICIES AND 10 PRACTICES

11 Subtitle A—End Biased Law Enforcement Practices 12 Sec.301.Short title. 13 Sec.302.Definitions.

14 PART I—Prohibition of Biased Law Enforcement Practices 15 Sec.311.Prohibition. 16 Sec.312.Enforcement.

17 PART II—Programs and Practices 18 Sec.321.Policies required for grants. 19 Sec.322.Involvement of Attorney General. 20 Sec.323.Development of best practices. 21 Sec.324.Authorization of appropriations.

22 PART III—Department of Justice Regulations and Reports on 23 Biased Enforcement of the Law or Discrimination in the United 24 States 25 Sec.331.Attorney General to issue regulations and reports.

26 Subtitle B—Additional Reforms 27 Sec.361.Requirements for search warrants including no-knock entry requirements. 28 Sec.362.Incentivizing banning of chokeholds. 29 Sec.363.Limitation on justification defense. 30 Sec.364.Stop Militarizing Law Enforcement Act.

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1 Sec.365.Public safety innovation grants.

2 Subtitle C—Law Enforcement Body Cameras

3 PART I—Federal Police Camera and Accountability Act 4 Sec.371.Short title. 5 Sec.372.Requirements for Federal law enforcement officers regarding the use of body cameras. 6 Sec.373.Patrol vehicles with in-car video recording cameras. 7 Sec.374.Facial recognition technology. 8 Sec.375.GAO study. 9 Sec.376.Regulations. 10 Sec.377.Rule of construction.

11 PART II—Police Camera Act 12 Sec.381.Short title. 13 Sec.382.Law enforcement body-worn camera requirements. 14 Sec.383.Study and proposal on improving accountability for DOJ grants.

15 Subtitle D—Medical Attention for Individuals in Federal 16 Custody Displaying Medical Distress 17 Sec.385.Short title. 18 Sec.386.Medical attention for individuals in Federal custody displaying medical distress.

19 Subtitle E—Preventing the Misuse of Tear Gas 20 Sec.390.Short title. 21 Sec.391.Findings. 22 Sec.392.Definitions. 23 Sec.393.Use of force standard related to the use of riot control agents.

24 Subtitle F—Use of Chemical Restraints 25 Sec.395.Study and report. 26 Sec.396.Ban on use of ketamine during arrest and detention for Federal offenses other than in a 27 hospital.

28 TITLE IV—PREVENTING SEXUAL ACTS WHILE ACTING 29 UNDER COLOR OF LAW 30 Sec.401.Incentive for States to prohibit engaging in sexual acts while acting under color of law.

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1 Sec.402.Reports to Congress.

2 TITLE V—NATIONAL MUSEUM OF AFRICAN 3 AMERICAN HISTORY AND CULTURE COUNCIL 4 Sec.501.Definitions. 5 Sec.502.Program authorized. 6 Sec.503.Online education resources. 7 Sec.504.National Museum of African American History and Culture Council. 8 Sec.505.Engagement of eligible program participants. 9 Sec.506.Annual report.

10 TITLE VI—HUMANE CORRECTIONAL HEALTH CARE 11 ACT 12 Sec.601.Short title. 13 Sec.602.Repeal of Medicaid inmate exclusion. 14 Sec.603.Report by Comptroller General. 15 Sec.604.Sense of Congress on incarceration and community-based health services.

16 TITLE VII—BEHAVIORAL HEALTH RESPONSES 17 Sec.701.Purposes.

18 Subtitle A—Priority for Public Heath Responses

19 PART I—Mental Health Justice Act 20 Sec.711.Short title. 21 Sec.712.Findings. 22 Sec.713.Grants for mental health professionals to act as first responders. 23 Sec.714.Technical assistance for political subdivisions of a State. 24 Sec.715.Study. 25 Sec.716.Funding.

26 PART II—CAHOOTS Act 27 Sec.721.Short title. 28 Sec.722.Enhanced Federal Medicaid support for community-based mobile crisis intervention 29 services.

30 PART III—HELP Act of 2021

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1 Sec.731.Short title. 2 Sec.732.Purposes. 3 Sec.733.Allotments to strengthen nationwide accessibility and coordination of 211 and 988 4 services for information and referral for human services and mental health needs. 5 Sec.734.Authorization of appropriations.

6 Subtitle B—Improving Law Enforcement Interactions With 7 Individuals With a Disability

8 PART I—Behavioral Health Crisis Response Improvements Act 9 Sec.751.Short title. 10 Sec.752.Behavioral health crisis response training among law enforcement officers.

11 PART II—Safe Interactions 12 Sec.761.Short title. 13 Sec.762.Findings. 14 Sec.763.Purpose. 15 Sec.764.Definitions. 16 Sec.765.Grant program. 17 Sec.766.Authorization of appropriations.

18 PART III—Law Enforcement Training for Mental Health Crisis 19 Response Act of 2021 20 Sec.771.Short title. 21 Sec.772.Findings; purpose. 22 Sec.773.Definitions. 23 Sec.774.Grants. 24 Sec.775.Use of appropriated funds.

25 TITLE VIII—TRAFFIC ENFORCEMENT 26 Sec.801.Short title. 27 Sec.802.Findings. 28 Sec.803.Grants for driver’s licenses reinstatement programs. 29 Sec.804.GAO study. 30 Sec.805.Grant program. 31 Sec.806.Research grant program – low-level enforcement practices.

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1 TITLE IX—FAIRNESS FOR RAPE KIT BACKLOG 2 SURVIVORS 3 Sec.901.Short title. 4 Sec.902.Crime victim compensation.

5 TITLE X—CONFIDENTIALITY OPPORTUNITIES FOR 6 PEER SUPPORT COUNSELING 7 Sec.1001.Short title. 8 Sec.1002.Confidentiality of peer support communications. 9 Sec.1003.Best practices and support. 10 Sec.1004.Information on suicide in law enforcement. 11 Sec.1005.Law enforcement officer whistleblower protections.

12 TITLE XI—SOCIAL SECURITY FAIRNESS 13 Sec.1101.Short title. 14 Sec.1102.Repeal of government pension offset provision. 15 Sec.1103.Repeal of windfall elimination provisions. 16 Sec.1104.Effective date.

17 TITLE XII—LAW ENFORCEMENT OFFICERS EQUITY 18 Sec.1201.Short title. 19 Sec.1202.Including certain positions within the definition of law enforcement officer for 20 purposes of retirement. 21 Sec.1203.Incumbent law enforcement officers.

22 TITLE XIII—OTHER POLICING IMPROVEMENTS 23 Sec.1301.Partially or temporarily disabled pubic safety officers’ benefit. 24 Sec.1302.Funding for Collaborative Reform Initiative for Technical Assistance.

25 TITLE XIV—MISCELLANEOUS PROVISIONS 26 Sec.1401.Severability. 27 Sec.1402.Savings clause. 28 Sec.1403.PAYGO/Emergency designation language.

29 SEC. 2. DEFINITIONS. 30 In this Act:

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1 (1) BYRNE GRANT PROGRAM.—The term “Byrne grant program” means any grant 2 program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets 3 Act of 1968 (34 U.S.C. 10151 et seq.), without regard to whether the funds are 4 characterized as being made available under the Edward Byrne Memorial State and Local 5 Law Enforcement Assistance Programs, the Local Government Law Enforcement Block 6 Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or 7 otherwise. 8 (2) COPS GRANT PROGRAM.—The term “COPS grant program” means the grant program 9 authorized under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act 10 of 1968 (34 U.S.C. 10381). 11 (3) DEADLY FORCE.—The term “deadly force” means force that can cause death or 12 serious bodily harm, including— 13 (A) the discharge of a firearm; 14 (B) a physical maneuver that restricts an individual’s ability to breathe, such as the 15 position or posture of a restrained person, or a chokehold; 16 (C) a maneuver used to restrict the flow of blood to an individual’s brain, such as a 17 vascular neck restraint or carotid restraint; and 18 (D) the use of less lethal force in a manner that creates a substantial risk of death or 19 serious bodily injury, including the use of electronic controlled weapons on— 20 (i) a person known to be or appearing to be physically infirm or pregnant; or 21 (ii) a person on an elevated or unstable platform, operating a vehicle or 22 machinery, or in water or a flammable liquid, where— 23 (I) the inability to move may cause drowning; or 24 (II) the loss of muscle control can result in serious bodily injury; or 25 (III) the discharge may ignite a fire. 26 (4) DISABILITY.—The term “disability” means a mental, behavioral, intellectual, 27 developmental, or physical disability, including autism. 28 (5) EXCESSIVE FORCE.—The term “excessive force” means force that, upon consideration 29 of all the facts and circumstances from the point of view of a reasonable officer or 30 government actor on the scene, exceeds the amount of force necessary to accomplish a 31 legitimate law enforcement or governmental objective. 32 (6) FACIAL RECOGNITION.—The term “facial recognition” means an automated or 33 semiautomated process that analyzes biometric data of an individual from video footage to 34 identify or assist in identifying an individual. 35 (7) FEDERAL LAW ENFORCEMENT AGENCY.—The term “Federal law enforcement agency” 36 means any agency of the United States authorized to engage in or supervise the prevention, 37 detection, investigation, or prosecution of, or incarceration of any person for, any violation 38 of Federal criminal law. 39 (8) FEDERAL LAW ENFORCEMENT OFFICER.—The term “Federal law enforcement officer” 40 has the meaning given the term in section 115 of title 18, United States Code. 7 6/10/2021 4:09 PM

1 (9) INDIAN TRIBE.—The term “Indian Tribe” has the meaning given the term “Indian 2 tribe” in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 3 (34 U.S.C. 10251). 4 (10) LESS LETHAL FORCE.—The term “less lethal force”— 5 (A) means any use of force other than that which is considered deadly force that 6 involves physical effort to control, restrain, or overcome the resistance of another, or to 7 retaliate against or punish a person; and 8 (B) does not include officer presence, verbal commands, or empty hand controls. 9 (11) LOCAL LAW ENFORCEMENT OFFICER.—The term “local law enforcement officer” 10 means any officer, agent, or employee of a State or unit of local government authorized by 11 law or by a government agency to engage in or supervise the prevention, detection, or 12 investigation of any violation of criminal law. 13 (12) STATE.—The term “State” has the meaning given the term in section 901 of title I of 14 the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). 15 (13) TRIBAL LAW ENFORCEMENT OFFICER.—The term “tribal law enforcement officer” 16 means any officer, agent, or employee of an Indian tribe, or the Bureau of Indian Affairs, 17 authorized by law or by a government agency to engage in or supervise the prevention, 18 detection, or investigation of any violation of criminal law. 19 (14) UNIT OF LOCAL GOVERNMENT.—The term “unit of local government” has the 20 meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe 21 Streets Act of 1968 (34 U.S.C. 10251). 22 (15) USE OF FORCE.—The term “use of force” includes— 23 (A) the use of a firearm, electronic control weapon, explosive device, chemical 24 agent (such as pepper spray), baton, improvised impact weapon, impact projectile, 25 blunt instrument, sonic weapon, sensory weapon, hand, fist, foot, canine, or vehicle 26 against an individual to control, restrain, or overcome a threat, or to retaliate against or 27 punish an individual; or 28 (B) any intentional pointing of a firearm at an individual.

29 TITLE I—POLICE ACCOUNTABILITY

30 Subtitle A—Holding Police Accountable in the Courts

31 SEC. 101. PROHIBITING EXCESSIVE FORCE, SEXUAL 32 MISCONDUCT, THEFT, AND OBSTRUCTION BY 33 PERSONS ACTING UNDER COLOR OF LAW. 34 (a) Amendment.—Part I of title 18, United States Code, is amended— 35 (1) by inserting after section 1623 the following:

36 “CHAPTER 80—PERSONS ACTING UNDER COLOR OF

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1 LAW 2 “Sec. 3 “1641. Prohibiting excessive force by persons acting under color of law. 4 “1642. Prohibiting sexual misconduct by persons acting under color of law. 5 “1643. Prohibiting theft of money, personal property, controlled substances, and contraband by 6 persons acting under color of law. 7 “1644. Prohibiting obstruction undertaken under color of law. 8 “1645. Statute of limitations. 9 “1646. Definitions.

10 “1641. Prohibiting excessive force by persons acting under color 11 of law 12 “(a) Use of Excessive Force.— 13 “(1) OFFENSE.—It shall be unlawful for any person to, acting under color of law, cause 14 bodily injury to another by intentionally using force against another if the person— 15 “(A) knows that the force is excessive; or 16 “(B) consciously disregards a substantial risk that the force is excessive. 17 “(2) PENALTY.—Any person who violates paragraph (1) shall— 18 “(A) be fined under this title, be imprisoned for not more than 10 years, or both; or 19 “(B) in the case of an offense that involves kidnapping, attempted kidnapping, or an 20 attempt to kill or that results in death, be fined under this title, imprisoned for not more 21 than 30 years, or both. 22 “(3) CONSPIRACY.—Any person who conspires to commit a violation of paragraph (1) 23 shall be subject to the same penalties as those prescribed for the offense, as if such offense 24 were completed. 25 “(4) SOLICITATION OF A VIOLATION.— 26 “(A) IN GENERAL.—Any person, acting under color of law, who solicits, counsels, 27 commands, directs, or induces another person to commit a violation of paragraph (1), 28 with the intent that the violation be committed, shall be subject to the same penalties as 29 those prescribed for the offense, as if such offense were completed by the person. 30 “(B) COMPLETION OF SOLICITED VIOLATION PROOF REQUIREMENT.— In a prosecution 31 for an offense under subparagraph (A), the Government need not prove that any person 32 actually committed or attempted to commit the solicited violation of paragraph (1). 33 “(b) Use of Firearm.— 34 “(1) OFFENSE.—It shall be unlawful for any person, acting under color of law, to attempt 35 to cause death or bodily injury through the discharge of a firearm, if the person knows that 36 such an act would constitute excessive force if death or injury were to result. 9 6/10/2021 4:09 PM

1 “(2) PENALTY.—Any person who violates paragraph (1) shall be fined under this title, 2 imprisoned for not more than 10 years, or both. 3 “(c) Failure to Intervene.— 4 “(1) IN GENERAL.—Any person who, acting under color of law, and having the duty, 5 opportunity, and ability to intervene, deliberately chooses not to take reasonable steps to 6 stop or prevent a use of excessive force, knowing that the force is excessive, shall be subject 7 to the same penalties as those prescribed for the offense, as if such offense were completed 8 by the person. 9 “(2) LIMITATION.—Paragraph (1) shall not apply to any person who takes reasonable 10 steps to stop or prevent the use of excessive force, regardless of whether the steps were 11 successful.

12 “1642. Prohibiting sexual misconduct by persons acting under 13 color of law 14 “(a) Sexual Misconduct.— 15 “(1) OFFENSE.—It shall be unlawful for any person, acting under color of law, to— 16 “(A) knowingly engage in a sexual act with another person without that person’s 17 consent, or to attempt to do so; 18 “(B) knowingly engage in sexual contact with another person without that person’s 19 consent, or to attempt to do so; 20 “(C) knowingly expose their own genitalia to another person without that person’s 21 consent, and with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the 22 sexual desire of any person, or to attempt to do so; or 23 “(D) otherwise willfully violate another person’s fundamental right to bodily 24 integrity with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the 25 sexual desire of any person, or to attempt to do so. 26 “(2) PENALTY.—Any person who violates paragraph (1) shall— 27 “(A) be fined under this title, imprisoned for not more than 5 years, or both; 28 “(B) in the case of an offense involving sexual contact, excluding sexual contact 29 through the clothing (which shall be subject to the penalty described in subparagraph 30 (A)), or resulting in bodily injury, or involving the use, attempted use, or threatened 31 use of a dangerous weapon, explosives, or fire, be fined under this title, imprisoned for 32 not more than 10 years, or both; or 33 “(C) in the case of an offense involving kidnapping, aggravated sexual abuse, sexual 34 abuse, or a sexual act, or involving an attempt to commit kidnapping, aggravated 35 sexual abuse, sexual abuse, or a sexual act, be fined under this title, imprisoned for not 36 more than 30 years, or both. 37 “(b) Offenses Involving Children.— 38 “(1) OFFENSE.—It shall be unlawful for any person, acting under color of law, to—

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1 “(A) knowingly engage in a sexual act with a person who has not attained the age of 2 12 years or with a person who has attained the age of 12 years but has not attained the 3 age of 16 years (and is at least 4 years younger than the person so engaging), or to 4 attempt to do so; or 5 “(B) knowingly engage in sexual contact with a person who has not attained the age 6 of 12 years or with a person who has attained the age of 12 years but has not attained 7 the age of 16 years (and is at least 4 years younger than the person so engaging), or to 8 attempt to do so. 9 “(2) PENALTY.—Any person who violates paragraph (1) shall— 10 “(A) in the case of an offense involving a sexual act with a person who has not 11 attained the age of 12 years, be fined under this title, imprisoned for not more than 30 12 years, or both; 13 “(B) in the case of an offense involving a sexual act with a person who has attained 14 the age of 12 years but has not attained the age of 16 years (and is at least 4 years 15 younger than the person so engaging), be subject to the penalties described in section 16 2243(a); 17 “(C) in the case of an offense involving the sexual contact with an individual who 18 has not attained the age of 12 years, be subject to fined under this title, imprisoned for 19 not more than 30 years, or both; or 20 “(D) in the case of an offense involving sexual contact with a person who has 21 attained the age of 12 years but has not attained the age of 16 years (and is at least 4 22 years younger than the person so engaging), be fined under this title, imprisoned for 23 not more than 10 years, or both. 24 “(3) STATE OF MIND PROOF REQUIREMENT.—In a prosecution under this subsection, the 25 Government need not prove that— 26 “(A) the defendant knew the age of person with whom the defendant was engaging 27 in a sexual act or sexual contact, or attempting to do so; or 28 “(B) in the case of an offense where the person with whom the defendant was 29 engaging had attained the age of 12 years but had not attained the age of 16 years, that 30 the requisite age difference existed. 31 “(4) DEFENSE.— 32 “(A) IN GENERAL.—In a prosecution under this subsection for an offense in which 33 the person with whom the defendant was engaging had attained the age of 12 years but 34 had not attained the age of 16 years, it shall be a defense, which the defendant must 35 establish by a preponderance of the evidence, that the defendant reasonably believed 36 that the other person had attained the age of 16 years. 37 “(B) LIMITATION.—The defense described in subparagraph (A) shall not apply in 38 any prosecution under this subsection for an offense in which the person with whom 39 the defendant was engaging was less than 12 years of age. 40 “(c) Offense Committed Against Person in Care of Custody of Institution.—

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1 “(1) OFFENSE.—It shall be unlawful for any person, acting under color of law, and having 2 a position of authority over another person who is in the care or custody of an institution, to 3 engage in a sexual act with the other person. 4 “(2) PENALTY.—Any person who violates paragraph (1) shall be fined under this title, 5 imprisoned for not more than 3 years, or both. 6 “(d) Conspiracy.—Any person who conspires to commit a violation of subsection (a), (b), or 7 (c) shall be subject to the same penalties as those prescribed for the offense, as if such offense 8 were completed. 9 “(e) Solicitation of a Violation.— 10 “(1) IN GENERAL.—Any person who, acting under color of law, solicits, counsels, 11 commands, directs, or induces another to commit an offense under subsection (a), (b), or 12 (c), with the intent that the offense be committed, shall be punished in the same manner as 13 one who commits the offense. 14 “(2) COMPLETION OF SOLICITED VIOLATION PROOF REQUIREMENT.—In a prosecution for 15 an offense under paragraph (1), the Government need not prove that any person actually 16 committed or attempted to commit the solicited violation of subsection (a), (b), or (c), as the 17 case may be. 18 “(f) Position of Authority.—For purposes of this section, a person shall be considered to be in 19 a position of authority over another if the person— 20 “(1) is a law enforcement officer or governmental official; and 21 “(2) has custodial, supervisory, or disciplinary authority over the person with whom they 22 are engaging in a sexual act. 23 “(g) Rule of Construction.—Nothing in this section shall be construed to prohibit— 24 “(1) searches (including strip searches and body cavity searches) conducted in good faith 25 and related to a legitimate law enforcement or governmental interest; or 26 “(2) physical examination or physical contact when conducted in good faith for legitimate 27 medical or investigatory purposes or for a similar legitimate governmental objective.

28 “1643. Prohibiting theft of money, personal property, controlled 29 substances, and contraband by persons acting under color of law 30 “(a) Offense.—It shall be unlawful for any person, acting under color of law, to— 31 “(1) knowingly convert to their personal use, or to the personal use of another, any sum 32 of money, personal property valued at more than $50.00, or any controlled substance or 33 contraband obtained— 34 “(A) from any person— 35 “(i) in their custody or control; 36 “(ii) in the control or custody of another person acting under color of law; 37 “(iii) in the control or custody of a prison or other correctional or detention 38 facility whether run by a government agency or private entity; in the custody or 12 6/10/2021 4:09 PM

1 control of a law enforcement agency; or 2 “(iv) in the control or custody of an institution; or 3 “(B) from any home, vehicle, or other property searched— 4 “(i) pursuant to warrant or other legal process; or 5 “(ii) when access to such property is granted because an officer or government 6 actor shows a badge, identifies himself or herself as a law enforcement or 7 government official, or there is otherwise a similar display of law enforcement or 8 other governmental authority, including when an officer misuses their official 9 authority to obtain consent to search the property or otherwise gain entry to the 10 property; or 11 “(2) knowingly take any sum of money, personal property valued at more than $50.00, or 12 any controlled substance or contraband, with the intent to convert the money, property, 13 contraband, or controlled substance to their own personal use or to the personal use of 14 another, knowing that the person has no legal right to such money, property, contraband, or 15 controlled substance. 16 “(b) Penalty.—Any person who violates subsection (a) shall— 17 “(1) in the case of an offense involving money or property the value of which is more 18 than $1,000, be fined under this title, imprisoned for not more than 10 years, or both; 19 “(2) in the case of an offense involving money or property the value of which is more 20 than $500, be fined under this title, imprisoned for not more than 5 years, or both; or 21 “(3) be fined under this title, imprisoned for not more than 5 years, or both. 22 “(c) Applicability.—Subsection (a) shall not apply to the taking of money, property, controlled 23 substances, or contraband for legitimate law enforcement or governmental purposes, such as for 24 use as evidence in a trial or for confiscation as proceeds of illegal activity. 25 “(d) Custody or Control.—For purposes of this section, an individual shall be considered to be 26 in the custody or control of a law enforcement officer or other person acting under color of law if 27 that individual is the subject of a seizure, as that term is used in the Fourth Amendment to the 28 Constitution of the United States, even if that seizure is only temporary.

29 “1644. Prohibiting obstruction undertaken under color of law 30 “(a) Offense.—It shall be unlawful for any person, acting under color of law, to knowingly, 31 and with the intent to cover up or conceal a possible violation of any color-of-law offense in this 32 chapter or chapter 13, including under section 242, 1641, 1642, or 1643, or acting with the intent 33 to cover up or conceal an act or omission that constitutes or could constitute a violation of any 34 right secured or protected by the Constitution or Federal law, or acting with intent to prevent the 35 recording or preservation of evidence of a violation of a color-of-law offense or violation of a 36 constitutional or Federal right— 37 “(1) destroy, mutilate, corrupt, alter, conceal, falsify, or otherwise render unavailable any 38 recording device, including a camera, video recording device, audio recording device, 39 tablet, computer, cellular telephone, or cellular telephone application, whether owned by a 40 private person, or owned or operated by a law enforcement organization, or to take such 13 6/10/2021 4:09 PM

1 action with respect to a picture, image, data, or video or audio recordings made by, or 2 captured upon, such a device; 3 “(2) use physical force or the threat of physical force to interfere with a person who, 4 without interfering in law enforcement activity or breaking any law, records law 5 enforcement activity— 6 “(A) in a public setting; or 7 “(B) in a home, vehicle, business, or similar premises when the recording is made by 8 the owner or legal occupant of such premises or with the express or implied permission 9 of an owner or legal occupant present on the premises; 10 “(3) use arrest, the threat of arrest, or other abuse of the law or legal process to interfere 11 with a person who, without interfering in law enforcement activity or breaking any law, 12 records law enforcement activity— 13 “(A) in a public setting; or 14 “(B) in a home, vehicle, business, or similar premises when the recording is made by 15 the owner or legal occupant of such premises or with the express or implied permission 16 of an owner or legal occupant present on the premises; 17 “(4) use physical force, the threat of physical force, intimidation, harassment, misleading 18 conduct, or corrupt persuasion to cause another to destroy, mutilate, corrupt, alter, conceal, 19 falsify, or otherwise render unavailable any recording of law enforcement activity; 20 “(5) use physical force, the threat of physical force, intimidation, harassment, misleading 21 conduct, or corrupt persuasion to prevent or persuade another to provide false information 22 about the existence or content of such a recording during or in relation to an official 23 investigation or inquiry into a matter or in anticipation that such an official investigation 24 will be initiated or continued; or 25 “(6) destroy, mutilate, corrupt, alter, conceal, falsify, or otherwise render unavailable any 26 tangible object that may serve as evidence of a violation of a color-of-law offense or 27 violation of a constitutional or Federal right. 28 “(b) Penalty.—Any person who violates subsection (a) shall— 29 “(1) be fined under this title, imprisoned for not more than 20 years, or both; or 30 “(2) if death results, be fined under this title, imprisoned for not more than 30 years, or 31 both. 32 “(c) Rule of Construction.—Nothing in this section shall be construed to— 33 “(1) prohibit a law enforcement officer from forbidding, discouraging, or preventing 34 recording of sensitive law enforcement activities such as— 35 “(A) internal briefings; 36 “(B) undercover activities; 37 “(C) classified or sensitive subject matters; 38 “(D) interviews with victims, witnesses, informants, and cooperating defendants;

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1 “(E) internal personnel discussions; 2 “(2) prohibit a law enforcement officer from precluding a third party from entering a 3 private home or other premises during a search or arrest or other investigatory activity; or 4 “(3) prohibit a law enforcement officer from enforcing reasonable regulations on 5 recording conduct in public settings, if such regulations are imposed and enforced for the 6 safety of any person and in accordance with the First Amendment to the Constitution of the 7 United States. 8 “(d) Intent Proof Requirement.—In a prosecution for an offense under subsection (a), the 9 Government need not prove— 10 “(1) that the person was aware that the matter the person intended to obstruct involved a 11 violation of any particular Federal law or constitutional right; or 12 “(2) that the person had knowledge that any pending or anticipated official investigation 13 is Federal in nature. 14 “(e) Official Investigation.—For purposes of this section, an official investigation shall 15 include a Federal criminal investigation, a Federal civil investigation, such as a pattern or 16 practice investigation, and a State criminal or administrative investigation.

17 “1645. Statute of limitations 18 “(a) Death-resulting Offenses and Offenses Involving Aggravated Sexual Abuse.—An 19 indictment or information alleging that an offense under section 1641, 1642, 1643, or 1644 20 resulted in death or involved aggravated sexual abuse may be found or instituted at any time 21 without limitation. 22 “(b) Offenses Involving Sexual Abuse or Sexual Acts.—No person shall be prosecuted, tried, 23 or punished for any offense under section 1642 involving sexual abuse or involving sexual acts 24 with another person, unless the indictment for such offense is found, or the information for such 25 offense is instituted, not later than 10 years after the date on which the offense was completed, or 26 if the offense was against an individual who was less than 18 years of age at the time of the 27 offense, not later than 10 years after that individual’s eighteenth birthday. 28 “(c) Other Offenses.—Except as provided in subsections (a) and (b), no person shall be 29 prosecuted, tried, or punished for any offense under section 1641, 1642, 1643, or 1644 unless the 30 indictment for such offense is found, or the information for such offense is instituted, not later 31 than 7 years after the date on which the offense was completed.

32 “1646. Definitions 33 “In this chapter, the following definitions shall apply: 34 “(1) AGGRAVATED SEXUAL ABUSE.—The term ‘aggravated sexual abuse’ has the meaning 35 given the term in section 2241. 36 “(2) BODILY INJURY.—The term ‘bodily injury’— 37 “(A) has the meaning given the term in section 1365(h); and 38 “(B) does not include solely emotional or psychological harm.

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1 “(3) CONTROLLED SUBSTANCE.—The term ‘controlled substance’ has the meaning given 2 the term in section 102 of the Controlled Substances Act (21 U.S.C. 802). 3 “(4) EXCESSIVE FORCE.— 4 “(A) IN GENERAL.—The term ‘excessive force’— 5 “(i) means— 6 “(I) in the case of force used against a person incarcerated based upon a 7 criminal conviction, force that is both unnecessary and wanton; and 8 “(II) in any other case, force that is objectively unreasonable force; and 9 “(ii) includes deadly force if the use of deadly force was objectively 10 unreasonable under all the facts and circumstances. 11 “(B) WANTON USE OF FORCE.—For purposes of subparagraph (A)(i), wanton use of 12 force shall include— 13 “(i) non-de-minimis force intentionally inflicted in the absence of a legitimate 14 penological purpose; and 15 “(ii) force used with the intent to inflict harm, injury, pain, or suffering beyond 16 that which would result from a good faith effort to maintain discipline, restore 17 order, or to achieve any other legitimate penological purpose. 18 “(C) OBJECTIVELY UNREASONABLE FORCE.— For purposes of subparagraph (A), the 19 term ‘objectively unreasonable force’ means force that, upon consideration of all the 20 facts and circumstances from the point of view of a reasonable officer or government 21 actor on the scene, exceeds the amount of force necessary to accomplish a legitimate 22 law enforcement or governmental objective. 23 “(D) DEADLY FORCE.—For purpose of subparagraph (A)(i)(II), the use of deadly 24 force shall be considered reasonable if, from the point of view of a reasonable officer 25 or government actor on the scene, such force is— 26 “(i) reasonably necessary to prevent an imminent threat of death or serious 27 bodily injury to the person using the force or to any other person; or 28 “(ii) reasonably necessary to prevent the escape of a suspect or person in 29 custody if a reasonable officer or government actor on the scene would have 30 probable cause to believe that the escapee would, if not immediately apprehended, 31 pose a serious threat of physical harm to the officer or to others and when escape 32 cannot reasonably be prevented by non-deadly means. 33 “(5) INSTITUTION.—The term ‘institution’ has the meaning given the term in section 2 of 34 the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997). 35 “(6) SEXUAL ABUSE.—The term ‘sexual abuse’ has the meaning given the term in section 36 2242. 37 “(7) SEXUAL ACT; SEXUAL CONTACT.—The terms ‘sexual act’ and ‘sexual contact’ have 38 the meaning given those terms in section 2246. 39 “(8) UNDER THE COLOR OF LAW.—The term ‘under the color of law’ includes actions 16 6/10/2021 4:09 PM

1 taken under the color of any Federal, State, Tribal, territorial, commonwealth, possession, or 2 district law, which includes any statute, ordinance, regulation, or custom thereof.”. 3 (b) Table of Chapters.—The table of chapters part I of title 18, United States Code, is 4 amended by inserting after the item relating to chapter 79 the following: 5 “80Persons acting under color of law 6 1641”.

7 SEC. 102. CIVIL ACTION FOR DEPRIVATION OF RIGHTS. 8 Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) is amended— 9 (1) by striking “Every” and inserting the following: 10 “(a) In this section, the term ‘public employer’ means a Federal law enforcement agency, a 11 State, a public agency, as defined in section 901 of the Omnibus Crime Control and Safe Streets 12 Act of 1968 (34 U.S.C. 10251), or any unit of local government, that, at the time of a deprivation 13 of any rights, privileges, or immunities described in section (b), employs, or contracts with an 14 individual to perform the duties of, a Federal or local law enforcement officer or any other 15 officer empowered by law to execute searches, to seize evidence, or to make arrests. 16 “(b) Every”; 17 (2) in subsection (b), as so designated, by inserting “the United States or” before “any 18 State”; and 19 (3) by adding at the end the following: 20 “(c) If, while acting under color of law, any officer who is empowered by law to execute 21 searches, to seize evidence, or to make arrests subjects or causes to be subjected any citizen of 22 the United States or other person within the jurisdiction thereof to the deprivation of any rights, 23 privileges, or immunities secured by the Constitution and laws, the public employer of that 24 officer shall be liable to the party injured for the conduct of the officer in an action at law, suit in 25 equity, or other proper proceeding for redress, regardless of whether a policy or custom of the 26 public employer caused the violation, and regardless of whether the officer has any defense or 27 immunity from suit or liability. This paragraph shall constitute an abrogation of sovereign 28 immunity with respect to public employers that are States or public agencies of States and a 29 waiver of sovereign immunity with respect to Federal law enforcement agencies for any claim 30 brought under this section. Nothing in this paragraph shall be construed to limit or preclude any 31 legal, equitable, or other remedy that is available, under this section or under any other source of 32 law, against an individual officer.”.

33 SEC. 103. PATTERN AND PRACTICE INVESTIGATIONS. 34 (a) Subpoena Authority.—Section 210401 of the Violent Crime Control and Law Enforcement 35 Act of 1994 (34 U.S.C. 12601) is amended— 36 (1) in subsection (a)— 37 (A) by inserting “, by prosecutors,” after “conduct by law enforcement officers”; and 38 (B) by inserting “, including juvenile courts,” after “the administration of juvenile 39 justice”; 17 6/10/2021 4:09 PM

1 (2) in subsection (b), by striking “paragraph (1)” and inserting “subsection (a)”; and 2 (3) by adding at the end the following: 3 “(c) Subpoena Authority.—In carrying out the authority in subsection (b), the Attorney 4 General may require by subpoena the production of all information, documents, reports, answers, 5 records, accounts, papers, and other data in any medium (including electronically stored 6 information), as well as any tangible thing and documentary evidence, and the attendance and 7 testimony of witnesses necessary in the performance of the Attorney General under subsection 8 (b). Such a subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order 9 of any appropriate district court of the United States. 10 “(d) Rule of Construction.—Nothing in this section may be construed to limit the authority of 11 the Attorney General under subsection (b) in any case in which a State attorney general has 12 brought a civil action under subsection (d). 13 “(e) Reporting Requirements.—On the date that is 1 year after the enactment of the TITLE 14 Act, and annually thereafter, the Civil Rights Division of the Department of Justice shall make 15 publicly available on an internet website a report with information for the previous year that 16 includes— 17 “(1) the number of preliminary investigations of violations of subsection (a) that were 18 commenced; 19 “(2) the number of preliminary investigations of violations of subsection (a) that were 20 closed, including whether there was a recommendation to the Attorney General to open a 21 formal investigation; and 22 “(3) the status of any pending preliminary investigations of violations of subsection (a).”. 23 (b) Data on Excessive Use of Force.—Section 210402 of the Violent Crime Control and Law 24 Enforcement Act of 1994 (34 U.S.C. 12602) is amended— 25 (1) in subsection (a)— 26 (A) by striking “The Attorney General” and inserting the following: 27 “(1) FEDERAL COLLECTION OF DATA.—The Attorney General”; and 28 (B) by adding at the end the following: 29 “(2) STATE COLLECTION OF DATA.—The attorney general of a State may, through 30 appropriate means, acquire data about the use of force by law enforcement officers and such 31 data may be used by the attorney general in conducting investigations under section 210401. 32 This data may not contain any information that may reveal the identity of the victim or any 33 law enforcement officer.”; and 34 (2) by amending subsection (b) to read as follows: 35 “(b) Limitation on Use of Data Acquired by the Attorney General.—Data acquired under 36 subsection (a)(1) shall be used only for research or statistical purposes and may not contain any 37 information that may reveal the identity of the victim or any law enforcement officer.”. 38 (c) Enforcement of Pattern or Practice Relief.—Beginning in the first fiscal year that begins 39 after the date that is one year after the date of enactment of this Act, a State or unit of local 40 government that receives funds under the Byrne grant program or the COPS grant program 18 6/10/2021 4:09 PM

1 during a fiscal year may not make available any amount of such funds to a local law enforcement 2 agency if the law enforcement agency, or the unit of local government of which the law 3 enforcement agency is an agency, enters into or renews any contractual arrangement, including a 4 collective bargaining agreement with a labor organization, that— 5 (1) would prevent the Attorney General from seeking or enforcing equitable or 6 declaratory relief against a law enforcement agency engaging in a pattern or practice of 7 unconstitutional misconduct; or 8 (2) conflicts with any terms or conditions contained in a consent decree.

9 SEC. 104. INDEPENDENT INVESTIGATIONS. 10 (a) Definitions.—In this section: 11 (1) INDEPENDENT INVESTIGATION.—The term “independent investigation” means a 12 criminal investigation or prosecution of a law enforcement officer’s use of deadly force, 13 including one or more of the following: 14 (A) Assigning of the attorney general of the State in which the use of deadly force 15 was committed to conduct the criminal investigation and prosecution. 16 (B) Adopting a procedure under which an independent prosecutor is assigned to 17 investigate and prosecute the case, including a procedure under which an automatic 18 referral is made to an independent prosecutor appointed and overseen by the attorney 19 general of the State where the use of deadly force occurred. 20 (C) Adopting a procedure under which an independent prosecutor is assigned to 21 investigate and, if necessary, prosecute the case. 22 (D) Having a State or local enforcement agency of the State in which the alleged use 23 of deadly force was committed— 24 (i) conduct the investigation into the use of deadly force; and 25 (ii) upon conclusion of the investigation, file a report with the attorney general 26 of the State containing a determination regarding whether the use of deadly force 27 was appropriate. 28 (E) Any substantially similar procedure to ensure impartiality in the investigation or 29 prosecution. 30 (2) INDEPENDENT INVESTIGATION OF LAW ENFORCEMENT STATUTE.—The term 31 “independent investigation of law enforcement statute” means a statute requiring an 32 independent investigation of an incident in which— 33 (A) a law enforcement officer was involved; 34 (B) one or more of the alleged offenses involves the law enforcement officer’s use 35 of force in the course of carrying out that officer’s duty; and 36 (C) the non-Federal law enforcement officer’s use of force resulted in the death or 37 serious bodily injury of another person. 38 (3) INDEPENDENT PROSECUTOR.—The term “independent prosecutor” means, with respect 39 to a criminal investigation or prosecution of a law enforcement officer’s use of force, which 19 6/10/2021 4:09 PM

1 resulted in death or serious bodily injury, a prosecutor who— 2 (A) does not oversee or have a conflict of interest with respect to prosecuting a law 3 enforcement officer of the law enforcement agency employing the law enforcement 4 officer under investigation or have a professional or business relationship with the law 5 enforcement agency that presents a conflict of interest; and 6 (B) would not be involved in the prosecution in the ordinary course of that 7 prosecutor’s duties. 8 (b) Grant Program.—The Attorney General may award grants to eligible States, Indian Tribes, 9 and units of local government to assist in implementing an independent investigation of law 10 enforcement statute. 11 (c) Eligibility.—To be eligible for a grant under this section, a State, Indian Tribe, or unit of 12 local government shall have in effect an independent investigation of law enforcement statute. 13 (d) Authorization of Appropriations.—There are authorized to be appropriated to the Attorney 14 General $750,000,000 for fiscal years 2022 through 2024 to carry out this section.

15 Subtitle B—Law Enforcement Trust and Integrity Act

16 SEC. 111. SHORT TITLE. 17 This subtitle may be cited as the “Law Enforcement Trust and Integrity Act of 2021”.

18 SEC. 112. DEFINITIONS. 19 In this subtitle: 20 (1) CIVIL RIGHTS ORGANIZATION.—The term “civil rights organization” means an 21 organization that monitors the equitable enforcement of and treatment under the law and 22 that has a national presence and membership, such as the National Association for the 23 Advancement of Colored People (NAACP), the American Civil Liberties Union (ACLU), 24 UnidosUS, the National Urban League, the National Congress of American Indians, or the 25 National Asian Pacific American Legal Consortium (NAPALC). 26 (2) COMMUNITY-BASED ORGANIZATION.—The term “community-based organization” 27 means an organization that monitors the equitable enforcement of and treatment under the 28 law and that has a local presence and membership. 29 (3) LAW ENFORCEMENT ACCREDITATION ORGANIZATION.—The term “law enforcement 30 accreditation organization” means a professional law enforcement organization involved in 31 the development of standards of accreditation for law enforcement agencies at the national, 32 State, regional, or Tribal level, such as the Commission on Accreditation for Law 33 Enforcement Agencies (CALEA) or State Peace Officer Standards and Training (POST), or 34 other State based accreditation programs. 35 (4) LAW ENFORCEMENT AGENCY.—The term “law enforcement agency” means a State, 36 local, Indian tribal, or campus public agency engaged in the prevention, detection, 37 investigation, prosecution, or adjudication of violations of criminal laws. 38 (5) LAW ENFORCEMENT LABOR ORGANIZATION.—The term “law enforcement labor

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1 organization” means a nationally recognized organization subject to the Labor-Management 2 Reporting and Disclosure Act of 1959 (29 U.S.C. 401 et seq.). 3 (6) PROFESSIONAL CIVILIAN OVERSIGHT ORGANIZATION.—The term “professional civilian 4 oversight organization” means a membership organization formed to address and advance 5 civilian oversight of law enforcement and whose members are from Federal, State, regional, 6 local, or Tribal organizations that review issues or complaints against law enforcement 7 agencies or officers, such as the National Association for Civilian Oversight of Law 8 Enforcement (NACOLE). 9 (7) PROFESSIONAL LAW ENFORCEMENT ASSOCIATION.—The term “professional law 10 enforcement association” means a law enforcement membership association that works for 11 the needs of Federal, State, local, or Indian tribal law enforcement agencies and with the 12 civilian community on matters of common interest, such as the Hispanic American Police 13 Command Officers Association (HAPCOA), the National Asian Pacific Officers 14 Association (NAPOA), the National Black Police Association (NBPA), the National Latino 15 Peace Officers Association (NLPOA), the National Organization of Black Law 16 Enforcement Executives (NOBLE), Women in Law Enforcement, the Native American 17 Law Enforcement Association (NALEA), the International Association of Chiefs of Police 18 (IACP), the National Sheriffs’ Association (NSA), or the Fraternal Order of Police (FOP).

19 SEC. 113. ACCREDITATION OF LAW ENFORCEMENT 20 AGENCIES. 21 (a) Standards.— 22 (1) INITIAL ANALYSIS.—Not later than 180 days after the date of enactment of this Act, 23 the Attorney General shall perform an initial analysis of existing accreditation standards and 24 methodology developed by law enforcement accreditation organizations nationwide, 25 including national, State, regional, and Tribal accreditation organizations. 26 (2) DEVELOPMENT OF UNIFORM STANDARDS.— 27 (A) IN GENERAL.—Not later than 1 year after the date on which the Attorney 28 General completes the initial review and analysis under paragraph (1), the Attorney 29 General shall— 30 (i) recommend, in consultation with law enforcement accreditation 31 organizations, professional law enforcement associations, civil rights 32 organizations, and community-based organizations, the adoption of national 33 standards relating to— 34 (I) early warning systems and related intervention programs; 35 (II) use of force policies and procedures, including deadly force, less lethal 36 force, the duty to intervene, and de-escalation tactics and techniques; 37 (III) traffic and pedestrian stop and search policies and procedures; 38 (IV) data collection for law enforcement activities and transparency; 39 (V) supervisory review policies and procedures, including internal affairs 40 investigations of officer misconduct; 21 6/10/2021 4:09 PM

1 (VI) video monitoring technology and policies, including the use of body- 2 worn and vehicle cameras; 3 (VII) interactions with youth, lesbian, gay, bisexual, transgender, and 4 queer (LGBTQ) individuals, individuals with limited English proficiency; 5 individuals with disabilities, and multicultural communities; 6 (VIII) community interactions, bias-based enforcement, and bias 7 awareness; and 8 (IX) recruitment, hiring, and training; 9 (ii) recommend additional areas for the development of national standards for 10 the accreditation of law enforcement agencies in consultation with existing law 11 enforcement accreditation organizations, professional law enforcement 12 associations, law enforcement labor organizations, civil rights organizations, 13 community-based organizations, and professional civilian oversight 14 organizations; 15 (iii) include in the national standards described in clause (i) that a law 16 enforcement agency shall comply with— 17 (I) the requirements relating to review of information in the National 18 Police Accountability Database before hiring under section 202(b)(2); and 19 (II) the certification standards established under section 203(a)(1)(B); 20 (iv) include in the national standards described in clause (i) compliance with 21 the use of force guidance provided under section 363(b)(4); and 22 (v) include in the national standards described in clause (i) the periodic 23 reaccreditation of law enforcement agencies, not less frequently than every 5 24 years. 25 (B) REQUIREMENT.—In carrying out subparagraph (A), the Attorney General shall 26 ensure that— 27 (i) the analysis required includes a specific analysis of the standards and 28 practices of law enforcement agencies with 50 or fewer sworn officers or serving 29 50,000 or fewer residents; and 30 (ii) the recommendations required under subparagraph (A) include 31 recommendations for accreditation of law enforcement agencies described in 32 clause (i). 33 (3) CONTINUING ACCREDITATION PROCESS.—The Attorney General shall adopt policies 34 and procedures to partner with law enforcement accreditation organizations, professional 35 law enforcement associations, law enforcement labor organizations, civil rights 36 organizations, community-based organizations, and professional civilian oversight 37 organizations to— 38 (A) continue the development of national accreditation standards consistent with 39 paragraph (2); and 40 (B) encourage the pursuit of accreditation of Federal, State, local, and Tribal law 22 6/10/2021 4:09 PM

1 enforcement agencies by certified law enforcement accreditation organizations. 2 (b) Use of Funds Requirements.—Section 502(a) of title I of the Omnibus Crime Control and 3 Safe Streets Act of 1968 (34 U.S.C. 10153(a)) is amended by adding at the end the following: 4 “(7) An assurance that, for each fiscal year covered by an application, the applicant will 5 use not less than 5 percent of the total amount of the grant award for the fiscal year to assist 6 law enforcement agencies of the applicant, including campus public safety departments, 7 gain or maintain accreditation from certified law enforcement accreditation organizations in 8 accordance with section 113 of the Law Enforcement Trust and Integrity Act of 2021.”. 9 (c) Eligibility for Certain Grant Funds.— 10 (1) IN GENERAL.—The Attorney General shall, as appropriate and consistent with 11 applicable law, allocate Department of Justice discretionary grant funding only to States 12 that adopt the accreditation standards described in paragraphs (2) and (3) of subsection (a) 13 and require law enforcement agencies of the State or units of local government thereof to 14 gain and maintain accreditation from certified law enforcement accreditation organizations 15 in accordance with this section. 16 (2) BYRNE AND COPS GRANT PROGRAMS ELIGIBILITY.—Beginning in the first fiscal year 17 that begins 1 year after the date of enactment of this Act, a State or unit of local government 18 may not receive funds under the Byrne grant program or the COPS grant program for a 19 fiscal year unless, for the fiscal year preceding the application for the grant program funds, 20 the law enforcement agencies of the State or unit of local government, as the case may be, 21 gain and maintain accreditation from certified law enforcement accreditation organizations 22 in accordance with this section. 23 (d) Grant Funds for Accreditation of Smaller Law Enforcement Agencies.—The Attorney 24 General shall develop a grant program to award grants to law enforcement agencies with 50 or 25 fewer sworn officers or serving 50,000 or fewer residents to enroll in an accreditation program 26 meeting the national standards established by the Attorney General under subsection (a)(2). 27 (e) Technical Assistance.—The Attorney General shall provide technical assistance to State 28 accreditation agencies to adopt and implement the standards described in subsection (a)(2).

29 SEC. 114. USE OF EXISTING GRANTS. 30 (a) Use of Funds Requirement.—Section 502(a) of title I of the Omnibus Crime Control and 31 Safe Streets Act of 1968 (34 U.S.C. 10153(a)), as amended by section 113, is amended by 32 adding at the end the following: 33 “(8) An assurance that, for each fiscal year covered by an application, the applicant will 34 use not less than 5 percent of the total amount of the grant award for the fiscal year to study 35 and implement effective management, training, recruiting, hiring, and oversight standards 36 and programs to promote effective community and problem solving strategies for law 37 enforcement agencies in accordance with section 114 of the Law Enforcement Trust and 38 Integrity Act of 2021.”. 39 (b) Grant Program for Civil Rights Organizations and Community Organizations.—The 40 Attorney General shall make grants to civil rights organizations and community-based 41 organizations to study and implement effective strategies and solutions to public safety.

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1 (c) Use of Funds.—Grant amounts described in paragraph (8) of section 502(a) of title I of the 2 Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10153(a)), as added by 3 subsection (a) of this section, and grant amounts awarded under subsection (b) shall be used to— 4 (1) study management and operations standards for law enforcement agencies, including 5 standards relating to administrative due process, residency requirements, compensation and 6 benefits, use of force, racial profiling, interactions with individuals with disabilities, early 7 warning and intervention systems, youth justice, school safety, civilian review boards or 8 analogous procedures, or research into the effectiveness of existing programs, projects, or 9 other activities designed to address misconduct; 10 (2) create gun violence interruption and restorative justice programs that are community- 11 led; and 12 (3) develop pilot programs and implement effective standards and programs in the areas 13 of training, hiring and recruitment, and oversight that are designed to improve management 14 and address misconduct by law enforcement officers. 15 (d) Components of Pilot Program.—A pilot program developed under subsection (c)(3) shall 16 include implementation of the following: 17 (1) TRAINING.—The implementation of policies, practices, and procedures addressing 18 training and instruction to comply with accreditation standards in the areas described in 19 section 113(a)(2)(A)(i). 20 (2) RECRUITMENT, HIRING, RETENTION, AND PROMOTION OF DIVERSE LAW ENFORCEMENT 21 OFFICERS.—Policies, procedures, and practices for— 22 (A) the hiring and recruitment of law enforcement officers who are traditionally 23 underrepresented in the law enforcement profession and representative of the 24 communities they serve; 25 (B) the development of selection, promotion, educational, background, and 26 psychological standards that comport with title VII of the Civil Rights Act of 1964 (42 27 U.S.C. 2000e et seq.); and 28 (C) initiatives to encourage residency in the jurisdiction served by the law 29 enforcement agency and continuing education, including earning an advanced degree. 30 (3) OVERSIGHT.—The development of complaint procedures, including the establishment 31 of civilian review boards or analogous procedures for jurisdictions across a range of sizes 32 and agency configurations, complaint procedures by civil rights organizations and 33 community-based organizations, early warning systems and related intervention programs, 34 video monitoring technology, data collection and transparency, and administrative due 35 process requirements inherent to complaint procedures for members of the public and law 36 enforcement. 37 (4) YOUTH JUSTICE AND SCHOOL SAFETY.—The development of uniform standards on 38 youth justice and school safety that include best practices for law enforcement interaction 39 and communication with children and youth in non-school settings and develop non-police 40 services and programs for children and youth in school, including school counselors, nurses, 41 psychologists, social workers, and mediators, taking into consideration adolescent 42 development and any disability, including— 24 6/10/2021 4:09 PM

1 (A) the right to effective and timely notification of a parent or legal guardian of any 2 law enforcement interaction, including interviews, questioning, and custodial 3 interrogation, regardless of the immigration status of the individuals involved; and 4 (B) the creation of positive school climates by improving school conditions for 5 learning by using— 6 (i) counselors, nurses, psychologists, social workers, and mediators to create 7 school-wide behavioral interventions and supports; and 8 (ii) evidence-based preventative measures and alternatives to school-based 9 arrests and referrals to law enforcement, such as restorative justice and healing 10 practices. 11 (5) VICTIM SERVICES.—Counseling services, including psychological counseling, for 12 individuals and communities impacted by law enforcement misconduct and vicarious 13 trauma. 14 (e) Technical Assistance.— 15 (1) IN GENERAL.—The Attorney General may provide technical assistance to States, civil 16 rights organizations, community-based organizations, Federal and local law enforcement 17 agencies, law enforcement accreditation organizations, and professional law enforcement 18 associations, in furtherance of the purposes of this section. 19 (2) MODELS FOR REDUCTION OF LAW ENFORCEMENT MISCONDUCT.—The technical 20 assistance provided by the Attorney General may include the development of programs and 21 standards to reduce law enforcement officer misconduct, as described in subsection (c)(3). 22 (f) Use of Components.—The Attorney General may use any component or components of the 23 Department of Justice in carrying out this section. 24 (g) Applications.—An application for a grant under subsection (b) shall be submitted in such 25 form, and contain such information, as the Attorney General may prescribe by rule. 26 (h) Performance Evaluation.— 27 (1) EVALUATION COMPONENTS.— 28 (A) IN GENERAL.—Selected grant recipients shall be evaluated on the local level or 29 as part of a national evaluation, pursuant to rules made by the Attorney General. 30 (B) REPORTING.—Each program, project, or activity funded under this section shall 31 collect and report data about activities, accomplishments, and programs throughout the 32 duration of the program, project, or activity, pursuant to rules made by the Attorney 33 General. 34 (C) AUDITS.—An evaluation conducted under subparagraph (A) may include 35 requiring independent audits of funded programs, projects, and activities. 36 (2) PERIODIC REVIEW AND REPORTS.—The Attorney General may require a grant recipient 37 to submit every 180 days to the Attorney General reports and evaluations required under 38 paragraph (1) and such other data and information as the Attorney General determines to be 39 necessary. 40 (i) Revocation or Suspension of Funding.—If the Attorney General determines, as a result of 25 6/10/2021 4:09 PM

1 monitoring under subsection (h) or otherwise, that a grant recipient under the Byrne grant 2 program or under subsection (b) is not in substantial compliance with the requirements of this 3 section, the Attorney General may revoke or suspend funding of that grant, in whole or in part. 4 (j) Civilian Review Board Defined.—In this section, the term “civilian review board” means 5 an administrative entity of a unit of local government that— 6 (1) investigates civilian complaints of misconduct against law enforcement officers or the 7 law enforcement agency and reviews the policies and practices of the law enforcement 8 agency; 9 (2) is independent from the law enforcement agency the administrative entity exercises 10 investigative review authority over; 11 (3) has authority to investigate use of force incidents and other serious misconduct and 12 subpoena power; 13 (4) has representative community diversity and a representative of law enforcement that 14 is not an officer or employee of a law enforcement agency of the unit of local government; 15 (5) has the authority to propose policies for the law enforcement agency the 16 administrative entity exercises investigative and review authority over; 17 (6) provides assistance for civilian complainants, including interpreters; 18 (7) may conduct hearings; and 19 (8) conducts statistical studies on prevailing complaint trends.

20 SEC. 115. AUTHORIZATION OF APPROPRIATIONS. 21 There are authorized to be appropriated for fiscal year 2022, in addition to any other sums 22 authorized to be appropriated— 23 (1) $25,000,000 for additional expenses relating to the enforcement of section 210401 of 24 the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601), criminal 25 enforcement under sections 241 and 242 of title 18, United States Code, and administrative 26 enforcement by the Department of Justice of such sections, including compliance with 27 consent decrees or judgments entered into under such section 210401; and 28 (2) $10,000,000 for additional expenses related to conflict resolution by the Department 29 of Justice’s Community Relations Service.

30 TITLE II—POLICING TRANSPARENCY THROUGH DATA

31 Subtitle A—National Police Accountability Database

32 SEC. 201. DEFINITIONS. 33 In this subtitle: 34 (1) ACCOUNTABILITY DATABASE.—The term “Accountability Database” means the 35 National Police Accountability Database established under section 202(a). 36 (2) EMPLOYMENT INFORMATION.—The term “employment information” means

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1 employment information relating to a law enforcement officer regarding any of the 2 following: 3 (A) A decertification or license revocation action, in accordance with section 203. 4 (B) A termination, which shall include the reason for the termination. 5 (C) A criminal conviction. 6 (D) The resignation or retirement of the law enforcement officer while under 7 investigation for misconduct, or in lieu of a penalty for alleged misconduct. 8 (E) A record of each award or commendation. 9 (3) SERIOUS MISCONDUCT COMPLAINT.—The term “serious misconduct complaint” means 10 a complaint of a criminal act, use of excessive force, bias, discrimination, obstruction of 11 justice, theft, or sexual misconduct. 12 (4) SERIOUS MISCONDUCT COMPLAINT INFORMATION.—The term “serious misconduct 13 complaint information”— 14 (A) means information relating to serious misconduct complaints; and 15 (B) includes information regarding serious misconduct complaints that were 16 sustained or not sustained through an official proceeding, such as a civilian complaint 17 review board, internal affairs or department disciplinary process, civil litigation, or 18 criminal prosecution. 19 (5) STATE CERTIFICATION AGENCY.—The term “State certification agency” means the 20 agency of a State responsible for the certification and decertification of individuals for 21 purposes of employment as a law enforcement officer in that State, including as a law 22 enforcement officer of a unit of local government in the State.

23 SEC. 202. ESTABLISHMENT OF NATIONAL POLICE 24 ACCOUNTABILITY DATABASE. 25 (a) Establishment.—Not later than 180 days after the date of enactment of this Act, the 26 Attorney General shall establish a National Police Accountability Database, which shall— 27 (1) be compiled and maintained by the Department of Justice; 28 (2) be— 29 (A) web-based to ensure decentralized access at the State and local levels for the 30 upload or entry of the required data; and 31 (B) accessible to State and local agencies through an application programming 32 interface (commonly known as an “API”) so that a State or local agency using an 33 electronic reporting system on the day before the date of enactment of this Act can 34 provide the data electronically through an automated data feed using the API; 35 (3) include employment information and serious misconduct complaint information 36 reported under subsection (b)(1) with respect to a law enforcement officer of a State or unit 37 of local government or under subsection (c) with respect to a Federal law enforcement 38 officer; 27 6/10/2021 4:09 PM

1 (4) disaggregate serious misconduct complaint, including the law enforcement officer’s 2 name, date of the serious misconduct complaint, and agency, by— 3 (A) the type of complaint; 4 (B) whether it was sustained or not sustained; and 5 (C) the discipline imposed, if any; 6 (5) allow a law enforcement agency of the Federal Government or a State or unit of local 7 government to— 8 (A) search and review employment information and serious misconduct complaint 9 information by the name of an individual; and 10 (B) access all information in the National Police Accountability Database for 11 purposes of— 12 (i) compliance with the certification and decertification programs described in 13 section 203(b)(1); or 14 (ii) considering applications for employment; and 15 (6) be made available to the public in accordance with subsection (d). 16 (b) Requirements for State and Local Law Enforcement Agencies.— 17 (1) REPORTING REQUIREMENT.—For the first fiscal year that begins after the date that is 1 18 year after the date of enactment of this Act, and each fiscal year thereafter, the Peace 19 Officer Standards Training (POST) entity of a State receiving funds under the Byrne grant 20 program during such fiscal year, or the law enforcement agency or other entity of the State 21 with equivalent responsibilities, shall collect and shall, once every 180 days, report to the 22 Attorney General employment information and serious misconduct complaint information 23 with respect to law enforcement officers of the State and law enforcement officers of each 24 law enforcement agency of a unit of local government located within the State, with a 25 unique identifier assigned for each law enforcement officer. 26 (2) USE IN HIRING.—For the first fiscal year that begins after the date that is 1 year after 27 the date of enactment of this Act, and each fiscal year thereafter, a law enforcement agency 28 of a State or unit of local government receiving funds under the Byrne grant program during 29 such fiscal year shall— 30 (A) before hiring an individual to serve as a law enforcement officer of the law 31 enforcement agency, review employment information and serious misconduct 32 complaint information, if any, with respect to the individual in the Accountability 33 Database; 34 (B) submit a certification to the Peace Officer Standards Training (POST) entity, 35 law enforcement agency, or equivalent entity of the applicable State indicating whether 36 the law enforcement agency is in compliance with subparagraph (A); 37 (C) if the law enforcement agency hires an individual who has negative employment 38 information, shall make publicly available— 39 (i) the decision to hire the individual with negative employment information; 40 and 28 6/10/2021 4:09 PM

1 (ii) information regarding each piece of negative employment information with 2 respect to the individual; and 3 (D) if the law enforcement agency hires an individual who has 1 or more serious 4 misconduct complaints that were sustained, shall— 5 (i) submit to the Peace Officer Standards Training (POST) entity, law 6 enforcement agency, or equivalent entity of the applicable State a written 7 statement providing the reasons for hiring the individual; and 8 (ii) make publicly available— 9 (I) the decision to hire the individual with 1 or more serious misconduct 10 complaints that were sustained; and 11 (II) the serious misconduct complaint information with respect to each 12 serious misconduct complaint that was sustained. 13 (c) Federal Agency Reporting Requirements.—Not later than 1 year after the date of 14 enactment of this Act, and every 6 months thereafter, the head of each Federal law enforcement 15 agency shall submit to the Attorney General negative employment information and serious 16 misconduct complaint information with respect to each law enforcement officer of the Federal 17 law enforcement agency. 18 (d) Public Availability of Accountability Database.— 19 (1) IN GENERAL.—The Attorney General shall make available to the public on an internet 20 website of the Attorney General information from the Accountability Database in a manner 21 that allows members of the public to search for and review— 22 (A) employment information described in subparagraph (A), (B), or (C) of section 23 201(2) with respect to an individual law enforcement officer by name; and 24 (B) information relating to serious misconduct complaints that were sustained or not 25 sustained, including the law enforcement agency that employed the law enforcement 26 officer, which shall be disaggregated by incident and include a unique identifier for 27 each law enforcement officer involved. 28 (2) DUE PROCESS PROTECTIONS.—A current or former law enforcement officer of the 29 Federal Government or a State or unit of local government, or counsel or other designated 30 representative for the law enforcement officer shall have the right to access and review 31 personal information in the Accountability Database pertaining to that officer and allow the 32 officer, their counsel or other designated representative to provide additional information or 33 documents, or a personal statement, which shall be retained as part of the employment 34 information and present evidence and petition the Peace Officer Standards Training (POST) 35 entity, law enforcement agency, or other equivalent entity that reports employment 36 information or serious misconduct complaint information with respect to the law 37 enforcement officer under this section to amend or correct the information. 38 (3) PRIVACY PROTECTIONS.—Nothing in this subsection shall be construed to supersede 39 the requirements or limitations under section 552a of title 5, United States Code (commonly 40 known as the “Privacy Act of 1974”).

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1 SEC. 203. CERTIFICATION REQUIREMENTS FOR HIRING 2 OF LAW ENFORCEMENT OFFICERS. 3 (a) Standards for Certification of Law Enforcement Officers.— 4 (1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the 5 Attorney General shall— 6 (A) analyze the certification requirements of each State certifying agency; and 7 (B) in consultation with subject matter experts and organizations, including 8 professional law enforcement associations, law enforcement officials, civil rights 9 attorneys, public health professionals, data scientists, and members of protected 10 classes, establish uniform national standards for the certification of law enforcement 11 officers. 12 (2) TECHNICAL ASSISTANCE.—The Attorney General shall provide technical assistance to 13 State certifying agencies to adopt and implement the national standards established under 14 paragraph (1)(B). 15 (b) Funding Limitation.—Beginning in the first fiscal year that begins after the date that is 1 16 year after the date of enactment of this Act, a State or unit of local government, other than an 17 Indian Tribe, may not receive funds under the Byrne grant program for that fiscal year if, on the 18 day before the first day of the fiscal year, the State or unit of local government has not— 19 (1) submitted to the Attorney General evidence that the State or unit of local government 20 has a certification and decertification program for purposes of employment as a law 21 enforcement officer in that State or of that unit of local government that is consistent with 22 the national standards established under subsection (a)(1)(B); and 23 (2) submitted to the Accountability Database records demonstrating that all law 24 enforcement officers of the State or unit of local government have completed all State 25 certification requirements during the 1-year period preceding the fiscal year.

26 SEC. 204. RULES. 27 The Attorney General shall promulgate rules to carry out this subtitle, including uniform 28 reporting standards.

29 Subtitle B—PRIDE Act

30 SEC. 221. SHORT TITLE. 31 This subtitle may be cited as the “Police Reporting Information, Data, and Evidence Act of 32 2021” or the “PRIDE Act of 2021”.

33 SEC. 222. DEFINITIONS. 34 In this subtitle: 35 (1) LAW ENFORCEMENT AGENCY.—The term “law enforcement agency” has the meaning 36 given the term in section 302.

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1 (2) LOCAL EDUCATIONAL AGENCY.—The term “local educational agency” has the 2 meaning given the term in section 8101 of the Elementary and Secondary Education Act of 3 1965 (20 U.S.C. 7801). 4 (3) LOCAL LAW ENFORCEMENT OFFICER.—The term “local law enforcement officer” has 5 the meaning given the term in section 2, and includes a school resource officer. 6 (4) ROUTINE OR SPONTANEOUS INVESTIGATORY ACTIVITIES.—The term “routine or 7 spontaneous investigatory activities” has the meaning given the term in section 302. 8 (5) SCHOOL.—The term “school” means an elementary school or secondary school (as 9 those terms are defined in section 8101 of the Elementary and Secondary Education Act of 10 1965 (20 U.S.C. 7801)). 11 (6) SCHOOL RESOURCE OFFICER.—The term “school resource officer” means a sworn law 12 enforcement officer who is— 13 (A) assigned by the employing law enforcement agency to a local educational 14 agency or school; 15 (B) contracting with a local educational agency or school; or 16 (C) employed by a local educational agency or school.

17 SEC. 223. EXPANSION OF FBI DATABASE. 18 (a) In General.—Not later than 1 year after the date of enactment of this Act, the Attorney 19 General, acting through the Director of the Federal Bureau of Investigation, shall expand the 20 Federal Bureau of Investigation Use of Force database in order to ensure that all data described 21 in subsection (c) is consolidated and can be reported by States and Indian Tribes using the same 22 reporting mechanism and practices. 23 (b) National Use of Force Data Collection.—The Attorney General, acting through the 24 Director of the Federal Bureau of Investigation, shall expand the data collected under the 25 National Use of Force Data Collection to include information relating to all deadly and less 26 lethal use-of-force incidents, which shall include all data described in subsection (c). 27 (c) Data to Be Collected for All Deadly and Less Lethal Use-of-force Incidents.—The data 28 described in this subsection is the following data, disaggregated by incident: 29 (1) INCIDENT INFORMATION.—With respect to the deadly or less lethal use-of-force 30 incident: 31 (A) Date and time. 32 (B) Total number of officers who applied force and a unique identifier for each 33 officer. 34 (C) Number of officers from the reporting agency who applied force. 35 (D) Location. 36 (E) Location type (such as on a street, at a business, or in a home). 37 (F) Whether 1 or more officers approached the subject. 38 (G) Whether it was an ambush incident or whether any officer was targeted for 31 6/10/2021 4:09 PM

1 attack because of his or her status as a law enforcement officer. 2 (H) Whether a supervisor or senior officer was consulted during the incident. 3 (I) The reason for initial contact (such as routine patrol or traffic stop). 4 (J) The most serious offense the individual was suspected of, if any. 5 (K) If applicable, the National Incident-Based Reporting System record or local 6 incident number of the report detailing— 7 (i) criminal incident information on the subject; or 8 (ii) the assault or homicide of a law enforcement officer. 9 (L) If the incident involved multiple agencies, case numbers for incident reports of 10 each agency involved. 11 (2) SUBJECT INFORMATION.—With respect to each subject of the deadly or less lethal use- 12 of-force incident: 13 (A) Age, sex, race, ethnicity, height, and weight. 14 (B) A description of any injury to or the death of the subject, or whether 15 hospitalization was required. 16 (C) All types of force used against the subject. 17 (D) Threat to the officer or another person, if any. 18 (E) Resistance, if any, by the subject. 19 (F) Types of resistance or weapon involvement (such as a threat, active aggression, 20 or firearm). 21 (G) Whether the subject had a known or apparent disability or impairment, such as 22 mental health condition or being under the influence of drugs or alcohol. 23 (H) Whether the subject was experiencing homelessness, if known. 24 (I) English language proficiency, if known. 25 (J) Whether subject had a weapon and the type of weapon if so. 26 (3) OFFICER INFORMATION.—With respect to each officer involved in the deadly or less 27 lethal use-of-force incident, using a unique identified assigned to each law enforcement 28 officer: 29 (A) Age, gender, race, ethnicity, height, and weight. 30 (B) Years of service in law enforcement. 31 (C) Whether the officer is a full-time employee. 32 (D) Whether the officer was on duty. 33 (E) Whether the officer discharged a firearm. 34 (F) Injuries to the officer, if any. 35 (G) If so, the type of injury to the officer.

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1 SEC. 224. REPORTING ON LAW ENFORCEMENT 2 PRACTICES. 3 (a) Reporting Requirements.— 4 (1) IN GENERAL.—The Attorney General, working through the Bureau of Justice 5 Statistics, shall establish a program for State Statistical Analysis Centers (commonly known 6 as “SACs”) to collect and analyze data on law enforcement practices, under which the State 7 Statistical Analysis Centers shall report to the Attorney General once every 180 days, and in 8 accordance with guidelines established by the Attorney General, the following information: 9 (A) USE OF FORCE DATA.— 10 (i) IN GENERAL.—The data described in section 223(c) relating to all deadly and 11 less lethal use-of-force incidents. 12 (ii) INCIDENTS REPORTED UNDER DEATH IN CUSTODY REPORTING ACT.—A State 13 or Indian Tribe is not required to include in a report under this paragraph an 14 incident reported by the State or Indian Tribe in accordance with section 15 20104(a)(2) of the Violent Crime Control and Law Enforcement Act of 1994 (34 16 U.S.C. 12104(a)(2)). 17 (B) LAW ENFORCEMENT PRACTICES.— 18 (i) IN GENERAL.—Information regarding— 19 (I) use of force practices; and 20 (II) data for law enforcement practices involving routine or spontaneous 21 investigatory activities, including— 22 (aa) traffic violation stops; 23 (bb) pedestrian stops; and 24 (cc) frisk and body searches, including consent searches, conducted 25 by the law enforcement agencies of the State or tribal government. 26 (ii) REQUIREMENTS.—The information required to be reported under clause 27 (i)— 28 (I) shall be disaggregated by incident; 29 (II) shall include— 30 (aa) the known or apparent race, ethnicity, age, and gender of the 31 individual subject to the investigatory activity; 32 (bb) whether the individual had a known or apparent disability or 33 impairment, such as mental health condition or being under the 34 influence of drugs or alcohol; 35 (cc) whether there individual was known to be experiencing 36 homelessness; 37 (dd) whether the person was known to lack English language

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1 proficiency; 2 (ee) the type of investigatory activity, including— 3 (AA) a pedestrian stop or traffic stop; 4 (BB) a frisk or body search; or 5 (CC) an arrest or citation; 6 (ff) the date, time, and location of such investigatory activities; 7 (gg) a unique identifier for the law enforcement officer who 8 conducted the investigatory activity; and 9 (III) shall not include personally identifiable information of the individual. 10 (2) ADDITIONAL REQUIREMENTS.—Each State or Indian Tribe described in paragraph (1) 11 shall— 12 (A) establish a system and a set of policies to ensure that all law enforcement 13 practice data are reported by local law enforcement officers or tribal law enforcement 14 officers; and 15 (B) submit to the Attorney General a plan for the collection of data required to be 16 reported under this section, including any modifications to a previously submitted data 17 collection plan. 18 (3) RETENTION OF DATA.—Each law enforcement agency required to report data under 19 this section shall maintain records relating to any matter so reportable for not less than 3 20 years after those records are created. 21 (4) COMPLIANCE PROCEDURE.—Prior to submitting a report under paragraph (1), the 22 Statistical Analysis Center submitting such report shall compare the information compiled 23 to be reported pursuant to subclause (I) of paragraph (1)(A)(i) to publicly available sources, 24 and shall revise such report to include any incident determined to be missing from the report 25 based on such comparison. Failure to comply with the procedures described in the previous 26 sentence shall be considered a failure to comply with the requirements of this section. 27 (5) REGULATIONS.— 28 (A) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the 29 Attorney General, in consultation with the Bureau of Justice Statistics and 30 stakeholders, including Federal, State, and local law enforcement agencies and 31 professional law enforcement associations, and community, professional, research, and 32 civil rights organizations, shall issue regulations for the collection and compilation of 33 data under this subtitle. 34 (B) REQUIREMENTS.—The regulations issued under subparagraph (A) shall— 35 (i) provide for an electronic reporting method to be made available to law 36 enforcement agencies for the submission of collected data to a Statistical Analysis 37 Center; 38 (ii) provide that law enforcement agencies submit the information required 39 under this subtitle through the electronic reporting method described in clause (i) 34 6/10/2021 4:09 PM

1 to the applicable Statistical Analysis Center; 2 (iii) include guidelines for setting comparative benchmarks, consistent with 3 best practices, against which collected data shall be measured; 4 (iv) provide that a Statistical Analysis Center shall— 5 (I) conduct racial, ethnic, and gender analysis for— 6 (aa) traffic or pedestrian stops; 7 (bb) searches, including frisks and consent searches; and 8 (cc) contraband seized as a result of the search; and 9 (II) conduct analysis for law enforcement practices described in items (aa), 10 (bb), and (cc) of subclause (I) and for the use of force involving people with 11 a known or apparent mental health condition, substance use impairment, 12 experiencing homelessness, or with limited English language proficiency; 13 (III) make public the analyses described in subclauses (I) and (II) on the 14 website of the Statistical Analysis Center and annually report the analyses to 15 the Bureau of Justice Statistics; and 16 (IV) submit disaggregate data to the Federal Bureau of Investigation Use 17 of Force database; 18 (v) provide that, not later than 3 years after the date of enactment of this Act, 19 and annually thereafter, the Bureau of Justice Statistics shall— 20 (I) review and analyze the analyses submitted by the Statistical Analysis 21 Centers under clause (iv); 22 (II) prepare a report regarding the findings of the review and analysis 23 under subclause (I), including race and other demographic data, and the 24 number of residents experiencing homelessness, of the locality; 25 (III) provide such report to Congress; and 26 (IV) make such report available to the public, including on a website of 27 the Department of Justice, and in accordance with accessibility standards 28 under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); 29 and 30 (vi) protect the privacy of individuals whose data is collected by— 31 (I) limiting the use of the data collected under this subtitle to the purposes 32 set forth in this subtitle; 33 (II) except as otherwise provided in this subtitle, limiting access to the 34 data collected under this subtitle to those Federal, State, or local employees 35 or agents who require such access in order to fulfill the purposes for the data 36 set forth in this subtitle; 37 (III) requiring contractors or other nongovernmental agents who are 38 permitted access to the data collected under this subtitle to sign use 39 agreements incorporating the use and disclosure restrictions set forth in 35 6/10/2021 4:09 PM

1 subclause (I); and 2 (IV) requiring the maintenance of adequate security measures to prevent 3 unauthorized access to the data collected under this subtitle. 4 (C) PUBLIC AVAILABILITY OF DATA.—The Attorney General shall make the data 5 collected under this subtitle available on the Federal Bureau of Investigation Use of 6 Force database (as expanded under section 223), which shall be disaggregated by 7 incident and include a unique identifier for each law enforcement officer involved. 8 (b) Ineligibility for Funds.— 9 (1) BYRNE GRANTS.— 10 (A) IN GENERAL.—For any fiscal year in which a State or Indian Tribe fails to 11 comply with this section, the State or Indian Tribe, at the discretion of the Attorney 12 General, shall be subject to not more than a 10-percent reduction of the funds that 13 would otherwise be allocated for that fiscal year to the State or Indian Tribe under a 14 Byrne grant program. 15 (B) REALLOCATION.—Amounts not allocated under a Byrne grant program in 16 accordance with paragraph (1) to a State for failure to comply with this section shall be 17 reallocated under the Byrne grant program to States that have not failed to comply with 18 this section. 19 (C) INFORMATION REGARDING SCHOOL RESOURCE OFFICERS.—The State or Indian 20 Tribe shall ensure that all schools and local educational agencies within the jurisdiction 21 of the State or Indian Tribe provide the State or Indian Tribe with the information 22 needed regarding school resource officers to comply with this section. 23 (2) COPS GRANTS.—Beginning in the first fiscal year that begins 1 year after the date of 24 enactment of this Act, a State or unit of local government may not receive funds under the 25 COPS grant program for a fiscal year unless, for the fiscal year preceding the application for 26 COPS grant program funds, the law enforcement agencies of the State or unit of local 27 government, as the case may be, comply with the data reporting requirements described in 28 subsection (a). 29 (c) Guidance.—Not later than 180 days after the date of enactment of this Act, the Attorney 30 General, in coordination with the Director of the Federal Bureau of Investigation, shall issue 31 guidance on best practices relating to establishing standard data collection systems that capture 32 the information required to be reported under subsection (a), which shall include standard and 33 consistent definitions for terms. 34 (d) Consistency in Data Reporting.—Any data reported under this subtitle shall be collected 35 and reported— 36 (1) in a manner consistent with existing programs of the Bureau of Justice Statistics that 37 collect data on local law enforcement officer encounters with individuals; and 38 (2) in a manner consistent with civil rights laws for distribution of information to the 39 public. 40 (e) Duties and Functions for the Bureau of Justice Statistics.—The Bureau of Justice Statistics 41 shall— 36 6/10/2021 4:09 PM

1 (1) administer the standards for data collection, analysis, and reporting standards 2 established under this section; 3 (2) administer the grant program authorized under section 225, as directed by the 4 Attorney General; 5 (3) cooperate with and provide technical assistance to States, units of local government, 6 Tribal governments, Statistical Analysis Centers, and law enforcement agencies involved in 7 activities related to the collection, analysis, and reporting of law enforcement practices data; 8 and 9 (4) perform such other functions as the Attorney General may delegate in furtherance of 10 this section. 11 (f) OMB Study.—Not later than 1 year after the date of enactment of this Act, the Director of 12 the Office of Management and Budget shall— 13 (1) conduct a review and assessment of the criminal justice data collections across the 14 Federal Government to identify duplication of data collection, which shall include a review 15 of any criminal justice data that the Federal Government collects, such as crime data, 16 criminal prosecutions, hate crime data, and law enforcement data, including data on police 17 use of force or investigatory activities; and 18 (2) submit to the Attorney General, the Committee on the Judiciary of the Senate, and the 19 Committee on the Judiciary of the House of Representatives a report summarizing data 20 collection programs and requirements and identifying areas of duplication and making 21 recommendations for the consolidation of data collection where possible.

22 SEC. 225. GRANTS FOR LAW ENFORCEMENT DATA 23 REPORTING. 24 (a) Technical Assistance Grants Authorized.—The Attorney General may make grants to 25 eligible law enforcement agencies to be used for the activities described in subsection (c). 26 (b) Eligibility.—In order to be eligible to receive a grant under this section a law enforcement 27 agency shall— 28 (1) be a tribal law enforcement agency or be located in a State that receives funds under a 29 Byrne grant program; 30 (2) demonstrate that the general orders of the law enforcement agency, including the use 31 of force policy, are publicly available; and 32 (3) establish and maintain a complaint system that allows members of the public to file 33 complaints for incidents of use of force and other officer misconduct with the law 34 enforcement agency; and 35 (4) maintain accreditation in accordance with section 113. 36 (c) Activities Described.—A grant made under this section may be used by a law enforcement 37 agency for— 38 (1) the cost of assisting the State or Indian Tribe in which the law enforcement agency is 39 located in complying with the reporting requirements described in section 223; 37 6/10/2021 4:09 PM

1 (2) the cost of establishing necessary systems required to report data as required under 2 sections 223 and 224; 3 (3) public awareness campaigns designed provide the public information on the use of 4 force by or against local and tribal law enforcement officers, including shootings, which 5 may include tip lines, hotlines, and public service announcements; and 6 (4) use of force training for law enforcement agencies and personnel, including training 7 on de-escalation, implicit bias, crisis intervention techniques, and adolescent development.

8 SEC. 226. COMPLIANCE WITH REPORTING 9 REQUIREMENTS. 10 Not later than 3 years after the date of enactment of this Act, and each year thereafter, the 11 Attorney General shall conduct an audit and review of the information provided under this 12 subtitle to determine whether each State or Indian Tribe described in section 224(a)(1) is in 13 compliance with the requirements of this subtitle.

14 SEC. 227. FEDERAL LAW ENFORCEMENT REPORTING. 15 The head of each Federal law enforcement agency shall submit to the Attorney General, on a 16 quarterly basis and pursuant to guidelines established by the Attorney General, the information 17 required to be reported by a State or Indian Tribe under section 223.

18 SEC. 228. PUBLIC AVAILABILITY OF DATA. 19 (a) In General.—Not later than 1 year after the date of enactment of this Act, and each year 20 thereafter, the Attorney General shall publish, and make available to the public, a report 21 containing the data reported to the Attorney General under this subtitle. 22 (b) Use of Force Data Collection.—Not later than 90 days after the date of enactment of this 23 Act, the Attorney General shall make available to the public the data in the National Use of 24 Force Data Collection of the Federal Bureau of Investigation, including law enforcement 25 practices information under 224. 26 (c) Limitations on Publication of Data.—The name or identifying information of a law 27 enforcement officer, complainant, or any other individual involved in any activity for which data 28 is collected and compiled under this subtitle shall not be— 29 (1) released to the public; 30 (2) disclosed to any person, except for— 31 (A) such disclosures as are necessary to comply with this subtitle; 32 (B) disclosures of information regarding a particular person to that person; or 33 (C) disclosures pursuant to litigation; or 34 (3) subject to disclosure under section 552 of title 5, United States Code (commonly 35 known as the Freedom of Information Act), except for disclosures of information regarding 36 a particular person to that person. 37 (d) Privacy Protections.—Nothing in this subsection shall be construed to supersede the 38 6/10/2021 4:09 PM

1 requirements or limitations under section 552a of title 5, United States Code (commonly known 2 as the “Privacy Act of 1974”).

3 SEC. 229. AUTHORIZATION OF APPROPRIATIONS. 4 There are authorized to be appropriated to the Attorney General such sums as are necessary to 5 carry out this subtitle.

6 TITLE III—IMPROVING POLICE POLICIES AND 7 PRACTICES

8 Subtitle A—End Biased Law Enforcement Practices

9 SEC. 301. SHORT TITLE. 10 This subtitle may be cited as [the “___ Act of 2021”].

11 SEC. 302. DEFINITIONS. 12 In this subtitle: 13 (1) BIASED ENFORCEMENT OF THE LAW OR DISCRIMINATION.— 14 (A) IN GENERAL.—The term “biased enforcement of the law or discrimination” 15 means the practice of a law enforcement agent or agency relying, to any degree, on 16 actual or perceived race, ethnicity, national origin, religion, gender, gender identity, 17 sexual orientation, or disability in selecting which individual to subject to routine or 18 spontaneous investigatory activities or in deciding upon the scope and substance of law 19 enforcement activity following the initial investigatory procedure, except when there is 20 trustworthy information, relevant to the locality and timeframe, that links a person with 21 a particular characteristic described in this paragraph to an identified criminal incident 22 or scheme. 23 (B) EXCEPTION.—For purposes of subparagraph (A), a tribal law enforcement 24 officer exercising law enforcement authority within Indian country, as that term is 25 defined in section 1151 of title 18, United States Code, is not considered to be biased 26 enforcement of the law or discrimination with respect to making key jurisdictional 27 determinations that are necessarily tied to reliance on actual or perceived race, 28 ethnicity, or tribal affiliation. 29 (2) COVERED PROGRAM.—The term “covered program” means any program or activity 30 funded in whole or in part with funds made available under— 31 (A) a Byrne grant program; or 32 (B) the COPS grant program, except that no program, project, or other activity 33 specified in section 1701(b)(13) of part Q of title I of the Omnibus Crime Control and 34 Safe Streets Act of 1968 (34 U.S.C. 10381 et seq.) shall be a covered program under 35 this paragraph. 36 (3) GOVERNMENTAL BODY.—The term “governmental body” means any department, 37 agency, special purpose district, or other instrumentality of Federal, State, local, or Indian 39 6/10/2021 4:09 PM

1 Tribal government. 2 (4) HIT RATE.—The term “hit rate” means the percentage of stops and searches in which a 3 law enforcement agent finds drugs, a gun, or something else that leads to an arrest. The hit 4 rate is calculated by dividing the total number of searches by the number of searches that 5 yield contraband. 6 (5) LAW ENFORCEMENT AGENCY.—The term “law enforcement agency” means any 7 Federal, State, or local public agency engaged in the prevention, detection, or investigation 8 of violations of criminal, immigration, or customs laws. 9 (6) LAW ENFORCEMENT AGENT.—The term “law enforcement agent” means any Federal, 10 State, or local official responsible for enforcing criminal, immigration, or customs laws, 11 including police officers and other agents of a law enforcement agency. 12 (7) REASONABLE REQUEST.—The term “reasonable request” means all requests for 13 information, except for those that— 14 (A) are immaterial to the investigation; 15 (B) would result in the unnecessary disclosure of personal information; or 16 (C) would place a severe burden on the resources of the law enforcement agency 17 given the size of the agency. 18 (8) ROUTINE OR SPONTANEOUS INVESTIGATORY ACTIVITIES.—The term “routine or 19 spontaneous investigatory activities” means the following activities by a law enforcement 20 agent: 21 (A) Interviews. 22 (B) Traffic stops. 23 (C) Pedestrian stops. 24 (D) Frisks and other types of body searches. 25 (E) Consensual or nonconsensual searches of the persons, property, or possessions 26 (including vehicles) of individuals using any form of public or private transportation, 27 including motorists and pedestrians. 28 (F) Inspections and interviews of entrants into the United States that are more 29 extensive than those customarily carried out. 30 (G) Immigration-related workplace investigations. 31 (H) Such other types of law enforcement encounters compiled for or by the Federal 32 Bureau of Investigation or the Bureau of Justice Statistics.

33 PART I—PROHIBITION OF BIASED LAW 34 ENFORCEMENT PRACTICES

35 SEC. 311. PROHIBITION. 36 No law enforcement agent or law enforcement agency shall engage in biased enforcement of 37 the law or discrimination on the basis of the race, ethnicity, national origin, religion, gender, 40 6/10/2021 4:09 PM

1 gender identity, sexual orientation, or disability of an individual.

2 SEC. 312. ENFORCEMENT. 3 (a) Remedy.—The United States, or an individual injured by biased enforcement of the law or 4 discrimination may enforce this part in a civil action for declaratory or injunctive relief, filed 5 either in a State court of general jurisdiction or in a district court of the United States. 6 (b) Parties.—In any action brought under this part, relief may be obtained against— 7 (1) any governmental body that employed any law enforcement agent who engaged in 8 biased enforcement of the law or discrimination; 9 (2) any agent of such body who engaged in biased enforcement of the law or 10 discrimination; and 11 (3) any person with supervisory authority over such agent. 12 (c) Nature of Proof.—Proof that the routine or spontaneous investigatory activities of law 13 enforcement agents in a jurisdiction have had a disparate impact on individuals with a particular 14 characteristic described in section 302(6) shall constitute prima facie evidence of a violation of 15 this part. 16 (d) Attorney’s Fees.—In any action or proceeding to enforce this part against any 17 governmental body, the court may allow a prevailing plaintiff, other than the United States, 18 reasonable attorney’s fees as part of the costs, and may include expert fees as part of the 19 attorney’s fee. The term “prevailing plaintiff” means a plaintiff that substantially prevails 20 pursuant to a judicial or administrative judgment or order, or an enforceable written agreement.

21 PART II—PROGRAMS AND PRACTICES

22 SEC. 321. POLICIES REQUIRED FOR GRANTS. 23 (a) In General.—An application by a State or a unit of local government for funding under a 24 covered program shall include a certification that such State or unit of local government, and any 25 law enforcement agency to which it will distribute funds— 26 (1) maintains adequate policies and procedures to prohibit racial profiling; and 27 (2) has eliminated any existing practices that permit or encourage racial profiling. 28 (b) Policies.—The policies and procedures described in subsection (a)(1) shall include— 29 (1) a prohibition on racial profiling; 30 (2) training on racial profiling issues as part of law enforcement training; 31 (3) the collection of data in accordance with the regulations issued by the Attorney 32 General under section 224; and 33 (4) participation in an administrative complaint procedure or independent audit program 34 that meets the requirements of section 322. 35 (c) Effective Date.—This section shall take effect on the date that is 12 months after the date 36 of enactment of this Act.

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1 SEC. 322. INVOLVEMENT OF ATTORNEY GENERAL. 2 (a) Regulations.— 3 (1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act and in 4 consultation with stakeholders, including Federal, State, and local law enforcement 5 agencies, professional law enforcement associations, and community, professional, 6 research, and civil rights organizations, the Attorney General shall issue regulations for the 7 operation of administrative complaint procedures and independent audit programs to ensure 8 that such procedures and programs provide an appropriate response to allegations of biased 9 enforcement of the law or discrimination by law enforcement agents or agencies. 10 (2) GUIDELINES.—The regulations issued under paragraph (1) shall contain guidelines 11 that ensure the fairness, effectiveness, and independence of the administrative complaint 12 procedures and independent auditor programs. 13 (b) Noncompliance.—If the Attorney General determines that the recipient of a grant from any 14 covered program is not in compliance with the requirements of the regulations issued under 15 subsection (a), the Attorney General shall withhold, in whole or in part (at the discretion of the 16 Attorney General), funds for one or more grants to the recipient under the covered program, until 17 the recipient establishes compliance. 18 (c) Private Parties.—The Attorney General shall provide notice and an opportunity for private 19 parties to present evidence to the Attorney General that a recipient of a grant from any covered 20 program is not in compliance with the requirements of this part.

21 SEC. 323. DEVELOPMENT OF BEST PRACTICES. 22 (a) Use of Funds Requirement.—Section 502(a) of title I of the Omnibus Crime Control and 23 Safe Streets Act of 1968 (34 U.S.C. 10153(a)), as amended by section 114 of this Act, is 24 amended by adding at the end the following: 25 “(9) An assurance that, for each fiscal year covered by an application, the applicant will 26 use not less than 10 percent of the total amount of the grant award for the fiscal year to 27 develop and implement best practice devices and systems to eliminate biased enforcement 28 of the law or discrimination in accordance with section 322 of the TITLE Act.”. 29 (b) Development of Best Practices.—Grant amounts described in paragraph (9) of section 30 502(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 31 10153(a)), as added by subsection (a) of this section, shall be for programs that include the 32 following: 33 (1) The acquisition and use of technology to facilitate the accurate collection and analysis 34 of data. 35 (2) The development and acquisition of feedback systems and technologies that identify 36 law enforcement agents or units of agents engaged in, or at risk of engaging in, biased 37 enforcement of the law or discrimination or other misconduct. 38 (3) The establishment and maintenance of an administrative complaint procedure or 39 independent auditor program.

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1 SEC. 324. AUTHORIZATION OF APPROPRIATIONS. 2 There are authorized to be appropriated to the Attorney General such sums as are necessary to 3 carry out this part.

4 PART III—DEPARTMENT OF JUSTICE REGULATIONS 5 AND REPORTS ON BIASED ENFORCEMENT OF THE 6 LAW OR DISCRIMINATION IN THE UNITED STATES

7 SEC. 331. ATTORNEY GENERAL TO ISSUE 8 REGULATIONS AND REPORTS. 9 (a) Regulations.—In addition to the regulations required under section 322, the Attorney 10 General shall issue such other regulations as the Attorney General determines are necessary to 11 implement this subtitle. 12 (b) Reports.— 13 (1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, and 14 annually thereafter, the Attorney General shall submit to Congress a report on biased 15 enforcement of the law or discrimination by law enforcement agencies. 16 (2) SCOPE.—Each report submitted under paragraph (1) shall include— 17 (A) a summary of data collected from any reliable source of information regarding 18 biased enforcement of the law or discrimination; and 19 (B) a discussion of the findings in the most recent report prepared by the Department 20 of Justice Bureau of Justice Statistics under section 224.

21 Subtitle B—Additional Reforms

22 SEC. 361. REQUIREMENTS FOR SEARCH WARRANTS 23 INCLUDING NO-KNOCK ENTRY REQUIREMENTS. 24 (a) Definitions.—In this section: 25 (1) COVERED LAW ENFORCEMENT TASK FORCE.—The term “covered law enforcement task 26 force” means a law enforcement task force that has not less than 1 Federal law enforcement 27 agency or Federal law enforcement officer as a member. 28 (2) COVERED FEDERAL WARRANT.—The term “covered Federal warrant” means a warrant 29 authorizing a search by a Federal law enforcement officer or covered law enforcement task 30 force. 31 (3) NO-KNOCK ENTRY.—The term “no-knock entry” means entry into a property by a law 32 enforcement officer without the law enforcement officer announcing both their presence 33 and intention to enter the property. 34 (b) Federal Search Warrants.— 35 (1) NO-KNOCK ENTRY REQUIREMENTS.— 43 6/10/2021 4:09 PM

1 (A) BAR ON USE TO PREVENT DESTRUCTION OF DRUG EVIDENCE.—A covered Federal 2 warrant may not authorize a no-knock entry on the basis of, and may not be executed 3 through a no-knock entry based on an alleged exigent circumstance relating to, the 4 prevention of the destruction of drug evidence. 5 (B) REQUIREMENTS FOR COURT AUTHORIZATION.—A court— 6 (i) may only issue a covered Federal warrant authorizing a no-knock entry if 7 the court determines there is clear and convincing evidence that law enforcement 8 officers entering the property without announcing their presence and intention to 9 enter is necessary because notice prior to entry would endanger the life or safety 10 of the law enforcement officer or other persons; and 11 (ii) may not issue a covered Federal warrant authorizing a no-knock entry on 12 the basis of the prevention of the destruction of drug evidence. 13 (C) AVOIDING DESTRUCTION OF PROPERTY.—In executing a covered Federal warrant 14 through a no-knock entry, Federal law enforcement officers shall seek to avoid the 15 destruction of property occasioned by the forcible entry. 16 (D) CONFORMING AMENDMENT FOR DRUG CASES.—Section 509 of the Controlled 17 Substances Act (21 U.S.C. 879) is amended by adding at the end the following: “A law 18 enforcement officer may not make a no-knock entry (as defined in section 361(a) of 19 the TITLE Act) in executing a search warrant authorized under this section if the 20 purpose for the no-knock entry is to prevent the destruction of evidence.”. 21 (2) PLANNING AND EXECUTION OF ALL FEDERAL SEARCH WARRANTS.— 22 (A) EXECUTION DURING DAYLIGHT HOURS.— 23 (i) IN GENERAL.—Except as provided in clause (ii), a covered Federal warrant 24 shall only authorize execution of the covered Federal warrant during, and shall 25 only be executed by a Federal law enforcement officer or covered law 26 enforcement task force during, daylight hours. 27 (ii) COURT AUTHORIZATION FOR NIGHTTIME SERVICE.—A court may authorize a 28 covered Federal warrant to be executed outside of daylight hours if the court 29 determines there are clearly articulated reasons indicating that nighttime 30 execution is necessary. 31 (B) APPROVAL.—An application for a covered Federal warrant shall be approved by 32 the head of the law enforcement agency submitting the application. The authority 33 under this subparagraph may not be delegated. 34 (C) POTENTIAL PRESENCE OF VULNERABLE INDIVIDUALS.— 35 (i) EVALUATION.—An application for a covered Federal warrant shall assess, 36 and a court issuing a covered Federal warrant shall evaluate, whether there will be 37 children, individuals with a disability, individuals who are elderly, or other 38 vulnerable individuals present at the location where the covered Federal warrant 39 is to be executed. 40 (ii) REQUIREMENTS FOR ISSUANCE.—A covered Federal warrant may only 41 authorize the search of a location where a child, individual with a disability, 44 6/10/2021 4:09 PM

1 individual who is elderly, or other vulnerable individual will be present if the 2 court determines there is a clear necessity. 3 (D) KNOCK REQUIREMENT.—Except as provided in paragraph (1), during execution 4 of a covered Federal warrant— 5 (i) an easily identifiable law enforcement officer shall knock and notify persons 6 inside the location in a voice or manner loud enough to be heard by the occupants 7 inside the premises; 8 (ii) the announcement shall be recorded by a body-worn camera or other 9 government issued recording device; and 10 (iii) law enforcement officers shall delay entry an appropriate amount of time 11 after the announcement, based on the size and nature of the premises, to allow the 12 occupant a reasonable opportunity to respond. 13 (E) VERIFICATION OF PLACE TO BE SEARCHED.—Before executing a covered Federal 14 warrant, Federal law enforcement officers shall verify that the address or location 15 about to be searched is the address or location authorized to be searched under the 16 covered Federal warrant. 17 (F) USE OF EXPLOSIVE DEVICES.—Federal law enforcement officers executing a 18 covered Federal warrant shall not use flash-bang stun grenades or other explosive 19 devices, unless expressly authorized under the covered Federal warrant based on 20 clearly articulated reasons that the use of the devices is necessary to protect the life or 21 safety of law enforcement officers or other persons. 22 (3) DATA COLLECTION.—A Federal law enforcement agency shall— 23 (A) collect data about— 24 (i) the items to be seized under a covered Federal warrant, as described in the 25 application; and 26 (ii) the items seized in the execution of that covered Federal warrant; and 27 (B) submit the data collected under subparagraph (A) to the Attorney General. 28 (4) EXCLUSION OF EVIDENCE.—Evidence obtained in violation of this subsection may not 29 be admitted in any trial, hearing, or proceeding in or before any court, department, officer, 30 agency, regulatory body, or other authority of the United States, a State, or a political 31 subdivision thereof. 32 (c) Limitation on State and Local Law Enforcement Eligibility for Funds.—Beginning in the 33 first fiscal year that begins after the date that is 1 year after the date of enactment of this Act, a 34 law enforcement agency of a State or unit of local government may not receive funds made 35 available to the State or local government under the Byrne grant program or the COPS grant 36 program for a fiscal year if, on the day before the first day of the fiscal year, the State or local 37 law enforcement agency, and for purposes of paragraph (2)(F) of this subsection each agency 38 that prosecutes criminal offenses that are investigated by the law enforcement agency, does not 39 have in effect policies meeting the following requirements: 40 (1) NO-KNOCK ENTRY REQUIREMENTS.—

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1 (A) BAR ON USE TO PREVENT DESTRUCTION OF DRUG EVIDENCE.—The law 2 enforcement agency shall not seek a warrant authorizing a no-knock entry, and a 3 warrant shall not be executed by a law enforcement officer of the law enforcement 4 agency through a no-knock entry, on the basis of the prevention of the destruction of 5 drug evidence. 6 (B) APPLICATIONS FOR COURT AUTHORIZATION.—When applying for a warrant 7 authorizing a no-knock entry, a law enforcement officer of the law enforcement agency 8 is required to present clear and convincing evidence to the court that law enforcement 9 officers entering the property without announcing their presence and intention to enter 10 is necessary because notice prior to entry would endanger the life or safety of the law 11 enforcement officer or other persons. 12 (C) AVOIDING DESTRUCTION OF PROPERTY.—In executing a warrant through a no- 13 knock entry, law enforcement officers of the law enforcement agency shall seek to 14 avoid the destruction of property occasioned by the forcible entry. 15 (2) ALL SEARCH WARRANTS.— 16 (A) EXECUTION DURING DAYLIGHT HOURS.—A search pursuant to a warrant shall 17 only be executed by the law enforcement agency during daylight hours, unless— 18 (i) the application for the warrant clearly articulates reasons indicating that 19 nighttime execution is necessary; and 20 (ii) the court expressly authorizes nighttime execution of the warrant. 21 (B) APPROVAL.—The application for a search warrant shall be approved by the head 22 of the law enforcement agency, which may not be delegated. 23 (C) POTENTIAL PRESENCE OF VULNERABLE INDIVIDUALS.—The law enforcement 24 officers executing a search warrant— 25 (i) assess whether there will be children, individuals with a disability, 26 individuals who are elderly, or other vulnerable individuals present at the location 27 where the warrant is to be executed; and 28 (ii) do not execute the warrant at a location where a child, individual with a 29 disability, individual who is elderly, or other vulnerable individual will be present, 30 absent clear necessity. 31 (D) KNOCK REQUIREMENT.—Except as provided in paragraph (1), during execution 32 of a search warrant— 33 (i) an easily identifiable law enforcement officer knocks and notifies persons 34 inside the location in a voice or manner loud enough to be heard by the occupants 35 inside the premises; 36 (ii) the announcement is recorded by a body-worn camera or other government 37 issued recording device; and 38 (iii) law enforcement officers delay entry an appropriate amount of time after 39 the announcement, based on the size and nature of the premises, to allow the 40 occupant a reasonable opportunity to respond.

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1 (E) VERIFICATION OF PLACE TO BE SEARCHED.—Before executing a search warrant, 2 law enforcement officers shall verify that the address or location about to be searched 3 is the address or location authorized to be searched under the search warrant. 4 (F) USE OF EXPLOSIVE DEVICES.—Law enforcement officers executing a search 5 warrant shall not use flash-bang stun grenades or other explosive devices, unless 6 expressly authorized under the search warrant based on clearly articulated reasons that 7 the use of the devices is necessary to protect the life or safety of law enforcement 8 officers or other persons. 9 (G) DATA COLLECTION.—The law enforcement agency shall— 10 (i) collect data about— 11 (I) the items to be seized under a search warrant, as described in the 12 application; and 13 (II) the items seized in the execution of that search warrant; and 14 (ii) submit the data collected under clause (i) to the Attorney General. 15 (H) EXCLUSION OF EVIDENCE.—Evidence obtained in violation of the policies 16 described in subparagraphs (A) through (F) shall not be offered as evidence by the law 17 enforcement agency or any agency that prosecutes criminal offenses that are 18 investigated by the law enforcement agency in any trial, hearing, or proceeding in or 19 before any court, department, officer, agency, regulatory body, or other authority of the 20 United States, a State, or a political subdivision thereof.

21 SEC. 362. INCENTIVIZING BANNING OF CHOKEHOLDS. 22 (a) Definition.—In this section, the term “chokehold or vascular neck restraint” means a 23 physical maneuver or technique that restricts an individual’s ability to breathe, or restricts the 24 flow of blood to an individual’s brain. 25 (b) Limitation on Eligibility for Funds.—Beginning in the first fiscal year that begins after the 26 date that is one year after the date of enactment of this Act, a State or unit of local government 27 may not receive funds under the Byrne grant program or the COPS grant program for a fiscal 28 year if, on the day before the first day of the fiscal year, the State or local law enforcement 29 agency of the State or unit of local government does not have in effect policies that— 30 (1) prohibit law enforcement officers in the State or unit of local government from using 31 a chokehold or vascular neck restraint, except when deadly force is justified; 32 (2) prohibit any training on the use of chokeholds or vascular neck restraint holds, except 33 for training designed to identify and prevent the use of chokeholds or vascular neck 34 restraints; and 35 (3) establish a duty to intervene for any law enforcement officer who observes another 36 law enforcement officer using a chokehold or vascular neck restraint on an individual when 37 deadly force is not authorized. 38 (c) Federal Law Enforcement Officers.— 39 (1) PROHIBITION ON CHOKEHOLDS.—A Federal law enforcement agency may not use a

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1 chokehold or vascular neck restraint. 2 (2) PROHIBITION ON CERTAIN TRAINING.—No Federal agency may offer training to 3 Federal law enforcement officers on the use of chokeholds or vascular neck restraints, 4 except for training designed to identify and prevent the use of chokeholds or vascular neck 5 restraints. 6 (3) DUTY TO INTERVENE.—Each Federal law enforcement officer shall have a duty to 7 intervene if the Federal law enforcement officer observes another law enforcement officer 8 using excessive force, including a chokehold or vascular neck restraint on an individual 9 when deadly force is not authorized.

10 SEC. 363. LIMITATION ON JUSTIFICATION DEFENSE. 11 (a) In General.—Chapter 51 of title 18, United States Code, is amended by adding at the end 12 the following:

13 “1123. Limitation on justification defense for Federal law 14 enforcement officers 15 “(a) In General.—It is not a defense to an offense under section 1111 or 1112 that the use of 16 less lethal force or deadly force by a Federal law enforcement officer was justified if the officer’s 17 gross negligence, leading up to and at the time of the use of force, contributed to the necessity of 18 the use of such force. 19 “(b) Definitions.—In this section— 20 “(1) the terms ‘deadly force’ and ‘less lethal force’ have the meanings given such terms 21 in section 2 of the TITLE Act; and 22 “(2) the term ‘Federal law enforcement officer’ has the meaning given such term in 23 section 115.”. 24 (b) Clerical Amendment.—The table of sections for chapter 51 of title 18, United States Code, 25 is amended by inserting after the item relating to section 1122 the following: 26 “1123. Limitation on justification defense for Federal law enforcement officers.”.

27 SEC. 364. STOP MILITARIZING LAW ENFORCEMENT 28 ACT. 29 (a) Limitation on Department of Defense Transfer of Personal Property to Local Law 30 Enforcement Agencies.— 31 (1) IN GENERAL.—Section 2576a of title 10, United States Code, is amended— 32 (A) in subsection (a)— 33 (i) in paragraph (1)(A), by striking “counterdrug, counterterrorism, disaster- 34 related emergency preparedness, and border security activities” and inserting 35 “counterterrorism and disaster-related emergency preparedness”; 36 (ii) in paragraph (2), by striking “, the Director of National Drug Control 37 Policy,”; and 48 6/10/2021 4:09 PM

1 (iii) by adding at the end the following: 2 “(3) To assist recipients in complying with subsection (b), the Secretary shall establish an 3 online system that includes common descriptions.”; 4 (B) in subsection (b)— 5 (i) in paragraph (5), by striking “and” at the end; 6 (ii) in paragraph (6), by striking the period and inserting a semicolon; and 7 (iii) by adding at the end the following new paragraphs: 8 “(7) the recipient submits to the Department of Defense and the appropriate unit of the 9 Department of Justice, as established under section 364(c)(1) of the TITLE Act— 10 “(A) a description of how the recipient expects to use the controlled property; and 11 “(B) on an annual basis after receipt of the property, a report that includes— 12 “(i) a written certification that the recipient maintains possession of the 13 controlled property; 14 “(ii) a description of how the recipient used the controlled property during the 15 reporting period; and 16 “(iii) a written certification that the controlled property was not used for 17 purposes prohibited under this section; 18 “(8) the recipient certifies to the Department of Defense and the appropriate unit of the 19 Department of Justice, as established under section 364(c)(1) of the TITLE Act, that if the 20 recipient determines that the controlled property is surplus to the needs of the recipient, the 21 recipient will return the controlled property to the Department of Defense; 22 “(9) with respect to a recipient that is not a Federal agency, the recipient certifies to the 23 Department of Defense and the appropriate unit of the Department of Justice, as established 24 under section 364(c)(1) of the TITLE Act, that the recipient notified the local community of 25 the request for controlled property under this section by publishing a notice of such request 26 on a publicly accessible Internet website for a period of not less than 30 days; and 27 “(10) the recipient has received the approval of the city council or other local governing 28 body to acquire the controlled property sought under this section, prior to the transfer of the 29 equipment.”; 30 (C) by striking subsections (d) and (e); 31 (D) by redesignating subsections (f) and (g) as subsections (m) and (n), respectively; 32 and 33 (E) by inserting after subsection (c) the following new subsections: 34 “(d) Annual Certification Accounting for Transferred Property.—(1) For each fiscal year, the 35 Secretary shall submit to Congress certification in writing that each recipient to which the 36 Secretary has transferred property under this section— 37 “(A) has provided to the Secretary documentation accounting for all controlled property 38 that the Secretary has transferred to the agency, including any item described in subsection

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1 (f) so transferred before the date of the enactment of the TITLE Act; and 2 “(B) with respect to a non-Federal agency, carried out each of paragraphs (5) through (8) 3 of subsection (b). 4 “(2) If the Secretary does not provide a certification under paragraph (1) for a recipient, the 5 Secretary may not transfer additional property to that agency under this section. 6 “(e) Annual Report on Excess Property.—Before making any property available for transfer 7 under this section, the Secretary shall annually submit to Congress a description of the property 8 to be transferred together with a certification that the transfer of the property would not violate 9 this section or any other provision of law. 10 “(f) Limitations on Transfers.—(1) The Secretary may not transfer to Federal, Tribal, State, or 11 local law enforcement agencies the following under this section: 12 “(A) All firearms, ammunition of 0.50 caliber or higher, bayonets, grenade launchers, and 13 grenades (including all fragmentation, stun, and flash-bang grenades). 14 “(B) Tracked or armored vehicles 15 “(C) Weaponized drones and drones other than for the uses described in paragraph 16 (7)(A). 17 “(D) Weaponized or combat configured aircraft. 18 “(E) Silencers. 19 “(F) Long-range acoustic devices. 20 “(G) Items in the Federal Supply Class of banned items. 21 “(2) The Secretary may not require, as a condition of a transfer under this section, that a 22 Federal or State agency demonstrate the need for any small arms or ammunition. 23 “(3) The limitations under this subsection shall also apply with respect to the transfer of 24 previously transferred property of the Department of Defense from one recipient to another 25 Federal, Tribal, State, or local agency. 26 “(4)(A) The Secretary may waive the applicability of paragraph (1) to a mine-resistant 27 ambush-protected vehicle, if the Secretary determines that such a waiver is necessary for disaster 28 or rescue purposes or for another purpose where life and public safety are at risk, as 29 demonstrated by the proposed recipient of the vehicle. 30 “(B) The Secretary may waive the applicability of paragraph (1) to firearms (except firearms 31 of 0.50 caliber or over and automatic rifles) if the Secretary determines that such a waiver is 32 necessary where life and public safety are at high risk, as demonstrated by the proposed recipient 33 of the firearm. 34 “(C) If the Secretary issues a waiver under subparagraph (A) or (B), the Secretary shall— 35 “(i) submit to Congress notice of the waiver, and post such notice on a public Internet 36 website of the Department, by not later than 30 days after the date on which the waiver is 37 issued; and 38 “(ii) require, as a condition of the waiver, that the recipient of the vehicle for which the 39 waiver is issued provides public notice of the waiver and the transfer, including the type of 50 6/10/2021 4:09 PM

1 vehicle and the purpose for which it is transferred, in the jurisdiction where the recipient is 2 located by not later than 30 days after the date on which the waiver is issued. 3 “(5) The Secretary may provide for an exemption to the limitation under paragraph (1)(D) in 4 the case of parts for aircraft described in such subparagraph that are transferred as part of regular 5 maintenance of aircraft in an existing fleet. 6 “(6) The Secretary shall require, as a condition of any transfer of property under this section, 7 that the Federal or State agency that receives the property shall return the property to the 8 Secretary if the agency— 9 “(A) is found by the Department of Justice to have violated civil liberties; or 10 “(B) is otherwise found to have engaged in widespread abuses of civil liberties. 11 “(7) A drone permitted to be transferred under this section— 12 “(A) may be used only for emergency activities, such as a search and rescue mission, 13 disaster-related emergency, active shooter, or hostage situations; and 14 “(B) may not be used for ordinary surveillance activities, including First Amendment 15 assemblies. 16 “(g) Transfers to State and Local Governments.—(1) The Secretary shall establish a priority 17 program to transfer property that is not defined as controlled property, through the General 18 Services Administration to State or local units of government for the construction of public 19 buildings including— 20 “(A) schools and libraries (as described section 550(c) of title 40); 21 “(B) housing (as described in section 550(f)(3) of title 40); 22 “(C) medical clinics (as described in section 550(d) of title 40); 23 “(D) green spaces (as described in section 550(e) of title 40); and 24 “(E) homeless assistance (as described in section 501 of the McKinney-Vento Homeless 25 Assistance Act (42 U.S.C. 11411)), with priority given to homeless veterans initiatives. 26 “(2) Transfers under this subsection shall be limited to underserved areas (as defined section 27 81.2 of title 24, Code of Federal Regulations, as of the date of enactment of the TITLE Act), 28 including rural areas, or projects authorized to alleviate veterans’ homelessness under chapter 20 29 of title 38. 30 “(h) Conditions for Extension of Program.—Notwithstanding any other provision of law, 31 amounts authorized to be appropriated or otherwise made available for any fiscal year may not 32 be obligated or expended to carry out this section unless the Secretary submits to Congress 33 certification that for the preceding fiscal year that— 34 “(1) each recipient that has received controlled property transferred under this section 35 has— 36 “(A) demonstrated 100 percent accountability for all such property, in accordance 37 with paragraph (2) or (3), as applicable; or 38 “(B) been suspended from the program pursuant to paragraph (4);

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1 “(2) with respect to each non-Federal agency that has received controlled property under 2 this section, the State coordinator responsible for each such agency has verified that the 3 coordinator or an agent of the coordinator has conducted an in-person inventory of the 4 property transferred to the agency and that 100 percent of such property was accounted for 5 during the inventory or that the agency has been suspended from the program pursuant to 6 paragraph (4); 7 “(3) with respect to each Federal agency that has received controlled property under this 8 section, the Secretary of Defense or an agent of the Secretary has conducted an in-person 9 inventory of the property transferred to the agency and that 100 percent of such property 10 was accounted for during the inventory or that the agency has been suspended from the 11 program pursuant to paragraph (4); 12 “(4) the eligibility of any agency that has received controlled property under this section 13 for which 100 percent of the property was not accounted for during an inventory described 14 in paragraph (1) or (2), as applicable, to receive any property transferred under this section 15 has been suspended; and 16 “(5) each State coordinator has certified, for each non-Federal agency located in the State 17 for which the State coordinator is responsible that— 18 “(A) the agency has complied with all requirements under this section; or 19 “(B) the eligibility of the agency to receive property transferred under this section 20 has been suspended; and 21 “(6) the Secretary of Defense has certified, for each Federal agency that has received 22 property under this section that— 23 “(A) the agency has complied with all requirements under this section; or 24 “(B) the eligibility of the agency to receive property transferred under this section 25 has been suspended. 26 “(i) Prohibition on Ownership of Controlled Property.—A Federal or State agency that 27 receives controlled property under this section may not take ownership of the property. 28 “(j) Notice to Congress of Property Downgrades.—Not later than 30 days before downgrading 29 the classification of any item of personal property from controlled or Federal Supply Class, the 30 Secretary shall submit to Congress notice of the proposed downgrade. 31 “(k) Notice to Congress of Property Cannibalization.—Before the Defense Logistics Agency 32 authorizes the recipient of property transferred under this section to cannibalize the property, the 33 Secretary shall submit to Congress notice of such authorization, including the name of the 34 recipient requesting the authorization, the purpose of the proposed cannibalization, and the type 35 of property proposed to be cannibalized. 36 “(l) Quarterly Reports on Use of Controlled Equipment.—Not later than 30 days after the last 37 day of a fiscal quarter, the Secretary shall submit to Congress a report on any uses of controlled 38 property transferred under this section during that fiscal quarter. 39 “(m) Reports to Congress.—Not later than 30 days after the last day of a fiscal year, the 40 Secretary shall submit to Congress a report on the following for the preceding fiscal year:

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1 “(1) The percentage of equipment lost by recipients of property transferred under this 2 section, including specific information about the type of property lost, the monetary value 3 of such property, and the recipient that lost the property. 4 “(2) The transfer of any new (condition code A) property transferred under this section, 5 including specific information about the type of property, the recipient of the property, the 6 monetary value of each item of the property, and the total monetary value of all such 7 property transferred during the fiscal year.”. 8 (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall apply with respect 9 to any transfer of property made after the date of the enactment of this Act. 10 (b) Prohibition on Certain Transfers and Certain Uses of Grant Funds.—Notwithstanding any 11 other provision of law, an agency (as defined in section 551 of title 5, United States Code) may 12 not transfer, or award grant funds or provide funds through the Federal asset forfeiture program 13 for the purchase or maintenance of, any equipment described in section 2576a(f)(1) of title 10, 14 United States Code, to any State or local law enforcement agency. 15 (c) Public Report on Transfer of Military Specific Equipment.— 16 (1) ESTABLISHMENT.—Not later than 180 days after the date of enactment of this Act, the 17 Attorney General shall establish within the Department of Justice a unit to monitor, track, 18 and publicly report on— 19 (A) military specific equipment that is transferred from an agency (as defined in 20 section 551 of title 5, United States Code) to a State or local law enforcement agency; 21 (B) the use of Federal grant or asset forfeiture funds by a State or unit of local 22 government to purchase or maintain military style equipment; and 23 (C) the data reported under paragraph (7) of section 2576a(b) of title 10, United 24 States Code, as added by subsection (a) of this section. 25 (2) COMPLAINT INVESTIGATION.—The unit established under paragraph (1) shall, upon 26 receipt of a complaint or notice, investigate and report to the Federal agency or department 27 from which the Federal financial assistance was conveyed any complaint filed pursuant to 28 title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education 29 Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 30 1973 (29 U.S.C. 794), and the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), 31 concerning the use of military style equipment. 32 (3) ANNUAL REPORT.—The unit established under paragraph (1) shall— 33 (A) submit an annual report to the Committee on the Judiciary of the Senate, the 34 Committee on the Judiciary of the House of Representatives, the Armed Services 35 Committee of the Senate, and the Armed Services Committee of the House of 36 Representatives, on the information described in subparagraphs (A) and (B) of 37 paragraph (1); and 38 (B) publish the annual report described in subparagraph (A) on the website of the 39 Department of Justice. 40 (4) INTERNET WEBSITE.—The unit established under paragraph (1) shall maintain the 41 information described paragraph (1) on a public internet website that is searchable by city, 53 6/10/2021 4:09 PM

1 State, and zip code and includes by year, since 2000, an inventory of property transferred to 2 a recipient.

3 SEC. 365. PUBLIC SAFETY INNOVATION GRANTS. 4 (a) Byrne Grants Used for Local Task Forces on Public Safety Innovation.—Section 501(a) of 5 title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151(a)) is 6 amended by adding at the end the following: 7 “(3) LOCAL TASK FORCES ON PUBLIC SAFETY INNOVATION.— 8 “(A) IN GENERAL.—A law enforcement program under paragraph (1)(A) may 9 include the development of best practices for and the creation of local task forces on 10 public safety innovation, charged with exploring and developing new strategies for 11 public safety, including non-law enforcement strategies. 12 “(B) DEFINITION.—The term ‘local task force on public safety innovation’ means an 13 administrative entity, created from partnerships between community-based 14 organizations and other local stakeholders, that may develop innovative law 15 enforcement and non-law enforcement strategies to enhance just and equitable public 16 safety, repair breaches of trust between law enforcement agencies and the community 17 they pledge to serve, and enhance accountability of law enforcement officers.”. 18 (b) Crisis Intervention Teams.—Section 501(c) of title I of the Omnibus Crime Control and 19 Safe Streets Act of 1968 (34 U.S.C. 10152(c)) is amended by adding at the end the following: 20 “(3) In the case of crisis intervention teams funded under subsection (a)(1)(H), a program 21 assessment under this subsection shall contain— 22 “(A) a report on best practices for crisis intervention; and 23 “(B) data on the number of incidents that the crisis intervention teams responded to, 24 the outcome of the interventions, and demographic data for the individual in crisis, 25 including race, ethnicity, age, and gender.”. 26 (c) Use of COPS Grant Program To Hire Law Enforcement Officers Who Are Residents of the 27 Communities They Serve.—Section 1701(b) of title I of the Omnibus Crime Control and Safe 28 Streets Act of 1968 (34 U.S.C. 10381(b)), as amended by this Act, is further amended— 29 (1) by redesignating paragraphs (23) and (24) as paragraphs (26) and (27), respectively; 30 (2) in paragraph (26), as so redesignated, by striking “(22)” and inserting “(25)”; and 31 (3) by inserting after paragraph (22) the following: 32 “(23) to recruit, hire, incentivize, retain, develop, and train new, additional career law 33 enforcement officers or current law enforcement officers who are willing to relocate to 34 communities— 35 “(A) where there are poor or fragmented relationships between police and residents 36 of the community, or where there are high incidences of crime; and 37 “(B) that are the communities that the law enforcement officers serve, or that are in 38 close proximity to the communities that the law enforcement officers serve; 39 “(24) to collect data on the number of law enforcement officers who are willing to 54 6/10/2021 4:09 PM

1 relocate to the communities where they serve, and whether such law enforcement officer 2 relocations have impacted crime in such communities; 3 “(25) to develop and publicly report strategies and timelines to recruit, hire, promote, 4 retain, develop, and train a diverse and inclusive law enforcement workforce, consistent 5 with merit system principles and applicable law;”.

6 Subtitle C—Law Enforcement Body Cameras

7 PART I—FEDERAL POLICE CAMERA AND 8 ACCOUNTABILITY ACT

9 SEC. 371. SHORT TITLE. 10 This part may be cited as the “Federal Police Camera and Accountability Act”.

11 SEC. 372. REQUIREMENTS FOR FEDERAL LAW 12 ENFORCEMENT OFFICERS REGARDING THE USE OF 13 BODY CAMERAS. 14 (a) Definitions.—In this section: 15 (1) MINOR.—The term “minor” means any individual under 18 years of age. 16 (2) SUBJECT OF THE VIDEO FOOTAGE.—The term “subject of the video footage”— 17 (A) means any identifiable Federal law enforcement officer or any identifiable 18 suspect, victim, detainee, conversant, injured party, or other similarly situated person 19 who appears on the body camera recording; and 20 (B) does not include people who only incidentally appear on the recording. 21 (3) VIDEO FOOTAGE.—The term “video footage” means any images or audio recorded by 22 a body camera. 23 (b) Requirement to Wear Body Camera.— 24 (1) IN GENERAL.—Federal law enforcement officers shall wear a body camera. 25 (2) REQUIREMENT FOR BODY CAMERA.—A body camera required under paragraph (1) 26 shall— 27 (A) have a field of view at least as broad as the officer’s vision; and 28 (B) be worn in a manner that maximizes the camera’s ability to capture video 29 footage of the officer’s activities. 30 (c) Requirement To Activate.— 31 (1) IN GENERAL.—Both the video and audio recording functions of the body camera shall 32 be activated whenever a Federal law enforcement officer interacts with a member of the 33 public, except that when an immediate threat to the officer’s life or safety or the life or 34 safety of others makes activating the camera impossible or dangerous, the officer shall—

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1 (A) activate the camera at the first reasonable opportunity to do so; and 2 (B) document the reason the camera was not activated. 3 (2) ALLOWABLE DEACTIVATION.—The body camera shall not be deactivated until the 4 interaction has fully concluded and the Federal law enforcement officer leaves the scene. 5 (d) Notification of Subject of Recording.—A Federal law enforcement officer who is wearing 6 a body camera shall notify any individual who is being recorded that the individual is being 7 recorded by a body camera as close to the inception of the stop as is reasonably possible. 8 (e) Requirements.—Notwithstanding subsection (c), the following shall apply to the use of a 9 body camera: 10 (1) Prior to entering a private residence without a warrant or in non-exigent 11 circumstances, a Federal law enforcement officer shall ask the occupant if the occupant 12 wants the officer to discontinue use of the officer’s body camera. If the occupant responds 13 affirmatively, the Federal law enforcement officer shall immediately discontinue use of the 14 body camera. 15 (2) When interacting with an apparent crime victim, a Federal law enforcement officer 16 shall, as soon as practicable, ask the apparent crime victim if the apparent crime victim 17 wants the officer to discontinue use of the officer’s body camera. If the apparent crime 18 victim responds affirmatively, the Federal law enforcement officer shall immediately 19 discontinue use of the body camera. 20 (3) When interacting with a person seeking to anonymously report a crime or assist in an 21 ongoing law enforcement investigation, a Federal law enforcement officer shall, as soon as 22 practicable, ask the person seeking to remain anonymous, if the person seeking to remain 23 anonymous wants the officer to discontinue use of the officer’s body camera. If the person 24 seeking to remain anonymous responds affirmatively, the Federal law enforcement officer 25 shall immediately discontinue use of the body camera. 26 (f) Recording of Offers To Discontinue Use of Body Camera.—Each offer of a Federal law 27 enforcement officer to discontinue the use of a body camera made pursuant to subsection (e), and 28 the responses thereto, shall be recorded by the body camera prior to discontinuing use of the 29 body camera. 30 (g) Limitations on Use of Body Camera.—Body cameras shall not be used to gather 31 intelligence information based on First Amendment protected speech, associations, or religion, or 32 to record activity that is unrelated to a law enforcement or investigative stop between a law 33 enforcement officer and a member of the public, and shall not be equipped with any facial 34 recognition technologies. 35 (h) Exceptions.—Federal law enforcement officers— 36 (1) shall not be required to activate body cameras during interactions with the public or 37 investigative or enforcement stops in the case that— 38 (A) recording would risk the safety of a confidential informant, citizen informant, or 39 undercover officer; 40 (B) recording would pose a serious risk to national security; or

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1 (C) the officer is a military police officer, a member of the United States Army 2 Criminal Investigation Command, or a protective detail assigned to a Federal or 3 foreign official while performing their duties; 4 (2) shall not be required to activate body cameras when on patrol or on duty but not 5 engaged in interactions with public or investigative or enforcement stops; and 6 (3) shall not activate a body camera while on the grounds of any public, private or 7 parochial elementary or secondary school, except when responding to an imminent threat to 8 life or health. 9 (i) Retention of Footage.— 10 (1) IN GENERAL.—Body camera video footage shall be retained by the law enforcement 11 agency that employs the officer whose camera captured the footage, or an authorized agent 12 thereof, for 12 months after the date it was recorded, after which time such footage shall be 13 permanently deleted, except that any body camera footage related to an incident involving 14 the use of deadly force, a complaint, or ongoing investigation may not be deleted, in 15 accordance with paragraphs (1) and (2) of subsection (j). 16 (2) RIGHT TO INSPECT.—During the 12-month retention period described in paragraph (1), 17 the following persons shall have the right to inspect the body camera footage: 18 (A) Any person who is a subject of body camera video footage, and their designated 19 legal counsel. 20 (B) A parent or legal guardian of a minor subject of body camera video footage, and 21 their designated legal counsel. 22 (C) The spouse, next of kin, or legally authorized designee of a deceased subject of 23 body camera video footage, and their designated legal counsel. 24 (D) A Federal law enforcement officer whose body camera recorded the video 25 footage, and their designated legal counsel, subject to the limitations and restrictions in 26 this part. 27 (E) The superior officer of a Federal law enforcement officer whose body camera 28 recorded the video footage, subject to the limitations and restrictions in this part. 29 (F) Any defense counsel who claims, pursuant to a written affidavit, to have a 30 reasonable basis for believing a video may contain evidence that exculpates a client. 31 (3) LIMITATION.—The right to inspect subject to subsection (j)(1) shall not include the 32 right to possess a copy of the body camera video footage, unless the release of the body 33 camera footage is otherwise authorized by this part or by another applicable law. When a 34 body camera fails to capture some or all of the audio or video of an incident due to 35 malfunction, displacement of camera, or any other cause, any audio or video footage that is 36 captured shall be treated the same as any other body camera audio or video footage under 37 this part. 38 (j) Additional Retention Requirements.—Notwithstanding the retention and deletion 39 requirements in subsection (i), the following shall apply to body camera video footage under this 40 part:

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1 (1) Body camera video footage shall be automatically retained for not less than 3 years if 2 the video footage captures an interaction or event involving— 3 (A) any use of deadly force; 4 (B) any stop about which a complaint has been registered or lawsuit filed by the 5 individual recorded in the video footage, or the individual’s next of kin or attorney; or 6 (C) an ongoing criminal investigation. 7 (2) Body camera video footage shall be retained for not less than 3 years if a longer 8 retention period is voluntarily requested by— 9 (A) the Federal law enforcement officer whose body camera recorded the video 10 footage, if that officer reasonably asserts the video footage has evidentiary or 11 exculpatory value in an ongoing investigation; 12 (B) any Federal law enforcement officer who is a subject of the video footage, if that 13 officer reasonably asserts the video footage has evidentiary or exculpatory value; 14 (C) any superior officer of a Federal law enforcement officer whose body camera 15 recorded the video footage or who is a subject of the video footage, if that superior 16 officer reasonably asserts the video footage has evidentiary or exculpatory value; 17 (D) any Federal law enforcement officer, if the video footage is being retained solely 18 and exclusively for police training purposes; 19 (E) any member of the public who is a subject of the video footage; 20 (F) any parent or legal guardian of a minor who is a subject of the video footage; or 21 (G) a deceased subject’s spouse, next of kin, or legally authorized designee. 22 (k) Public Review.—For purposes of subparagraphs (E), (F), and (G) of subsection (j)(2), any 23 member of the public who is a subject of video footage, the parent or legal guardian of a minor 24 who is a subject of the video footage, or a deceased subject’s next of kin or legally authorized 25 designee, shall be permitted to review the specific video footage in question in order to make a 26 determination as to whether they will voluntarily request it be subjected to a minimum 3-year 27 retention period. 28 (l) Disclosure.— 29 (1) IN GENERAL.—Except as provided in paragraph (2), all video footage of an interaction 30 or event captured by a body camera, if that interaction or event is identified with reasonable 31 specificity and requested by a member of the public, shall be provided to the person or 32 entity making the request in accordance with the procedures for requesting and providing 33 government records set forth in the section 552a of title 5, United States Code. 34 (2) EXCEPTIONS.—The following categories of video footage shall not be released to the 35 public in the absence of express written permission from the non-law enforcement subjects 36 of the video footage: 37 (A) Video footage not subject to a minimum 3-year retention period pursuant to 38 subsection (j). 39 (B) Video footage that is subject to a minimum 3-year retention period solely and 58 6/10/2021 4:09 PM

1 exclusively pursuant to paragraph (1)(B) or (2) of subsection (j). 2 (3) PRIORITY OF REQUESTS.—Notwithstanding any time periods established for 3 acknowledging and responding to records requests in section 552a of title 5, United States 4 Code, responses to requests for video footage that is subject to a minimum 3-year retention 5 period pursuant to subsection (j)(1)(A), where a subject of the video footage is recorded 6 being killed, shot by a firearm, or grievously injured, shall be prioritized and, if approved, 7 the requested video footage shall be provided as expeditiously as possible, but in no 8 circumstances later than 5 days following receipt of the request. 9 (4) USE OF REDACTION TECHNOLOGY.— 10 (A) IN GENERAL.—Whenever doing so is necessary to protect personal privacy, the 11 right to a fair trial, the identity of a confidential source or crime victim, or the life or 12 physical safety of any person appearing in video footage, redaction technology may be 13 used to obscure the face and other personally identifying characteristics of that person, 14 including the tone of the person’s voice, provided the redaction does not interfere with 15 a viewer’s ability to fully, completely, and accurately comprehend the events captured 16 on the video footage. 17 (B) REQUIREMENTS.—The following requirements shall apply to redactions under 18 subparagraph (A): 19 (i) When redaction is performed on video footage pursuant to this paragraph, an 20 unedited, original version of the video footage shall be retained pursuant to the 21 requirements of subsections (i) and (j). 22 (ii) Except pursuant to the rules for the redaction of video footage set forth in 23 this subsection or where it is otherwise expressly authorized by this Act, no other 24 editing or alteration of video footage, including a reduction of the video footage’s 25 resolution, shall be permitted. 26 (m) Prohibited Withholding of Footage.—Body camera video footage may not be withheld 27 from the public on the basis that it is an investigatory record or was compiled for law 28 enforcement purposes where any person under investigation or whose conduct is under review is 29 a police officer or other law enforcement employee and the video footage relates to that person’s 30 conduct in their official capacity. 31 (n) Admissibility.—Any video footage retained beyond 6 months solely and exclusively 32 pursuant to subsection (j)(2)(D) shall not be admissible as evidence in any criminal or civil legal 33 or administrative proceeding. 34 (o) Confidentiality.—No government agency or official, or law enforcement agency, officer, 35 or official may publicly disclose, release, or share body camera video footage unless— 36 (1) doing so is expressly authorized pursuant to this part or another applicable law; or 37 (2) the video footage is subject to public release pursuant to subsection (l), and not 38 exempted from public release pursuant to subsection (l)(1). 39 (p) Limitation on Federal Law Enforcement Officer Viewing of Body Camera Footage.— 40 (1) IN GENERAL.—No Federal law enforcement officer shall review or receive an 41 accounting of any body camera video footage that is subject to a minimum 3-year retention 59 6/10/2021 4:09 PM

1 period pursuant to subsection (j)(1) prior to completing any required initial reports, 2 statements, and interviews regarding the recorded event, unless doing so is necessary, while 3 in the field, to address an immediate threat to life or safety. 4 (2) AMENDING OF REPORTS AND STATEMENTS.—A Federal law enforcement officer may 5 amend any reports, statements, or interviews regarding the recorded event after viewing the 6 body camera video footage. 7 (q) Additional Limitations.—Video footage may not be— 8 (1) in the case of footage that is not subject to a minimum 3-year retention period, viewed 9 by any superior officer of a Federal law enforcement officer whose body camera recorded 10 the footage absent a specific allegation of misconduct; or 11 (2) divulged or used by any law enforcement agency for any commercial or other non- 12 law enforcement purpose. 13 (r) Third Party Maintenance of Footage.—Where a law enforcement agency authorizes a third 14 party to act as its agent in maintaining body camera footage, the agent shall not be permitted to 15 independently access, view, or alter any video footage, except to delete videos as required by law 16 or agency retention policies. 17 (s) Enforcement.— 18 (1) IN GENERAL.—If any Federal law enforcement officer, or any employee or agent of a 19 Federal law enforcement agency fails to adhere to the recording or retention requirements 20 contained in this part, intentionally interferes with a body camera’s ability to accurately 21 capture video footage, or otherwise manipulates the video footage captured by a body 22 camera during or after its operation— 23 (A) appropriate disciplinary action shall be taken against the individual officer, 24 employee, or agent; 25 (B) a rebuttable evidentiary presumption shall be adopted in favor of a criminal 26 defendant who reasonably asserts that exculpatory evidence was destroyed or not 27 captured; and 28 (C) a rebuttable evidentiary presumption shall be adopted on behalf of a civil 29 plaintiff suing the Government, a Federal law enforcement agency, or a Federal law 30 enforcement officer for damages based on misconduct who reasonably asserts that 31 evidence supporting their claim was destroyed or not captured. 32 (2) PROOF COMPLIANCE WAS IMPOSSIBLE.—The disciplinary action requirement and 33 rebuttable presumptions described in paragraph (1) may be overcome by contrary evidence 34 or proof of exigent circumstances that made compliance impossible. 35 (t) Use of Force Investigations.—In the case that a Federal law enforcement officer equipped 36 with a body camera is involved in, a witness to, or within viewable sight range of either the use 37 of force by another law enforcement officer that results in a death, the use of force by another 38 law enforcement officer, during which the discharge of a firearm results in an injury, or the 39 conduct of another law enforcement officer that becomes the subject of a criminal 40 investigation— 41 (1) the law enforcement agency that employs the law enforcement officer, or the agency 60 6/10/2021 4:09 PM

1 or department conducting the related criminal investigation, as appropriate, shall promptly 2 take possession of the body camera, and shall maintain such camera, and any data on such 3 camera, in accordance with the applicable rules governing the preservation of evidence; 4 (2) a copy of the data on such body camera shall be made in accordance with prevailing 5 forensic standards for data collection and reproduction; and 6 (3) such copied data shall be made available to the public in accordance with subsection 7 (l). 8 (u) Limitation on Use of Footage as Evidence.—Any body camera video footage recorded by 9 a Federal law enforcement officer that violates this part or any other applicable law may not be 10 offered as evidence by any government entity, agency, department, prosecutorial office, or any 11 other subdivision thereof in any criminal or civil action or proceeding against any member of the 12 public. 13 (v) Publication of Agency Policies.—Any Federal law enforcement agency policy or other 14 guidance regarding body cameras, their use, or the video footage therefrom that is adopted by a 15 Federal agency or department, shall be made publicly available on that agency’s website. 16 (w) Rule of Construction.—Nothing in this part shall be construed to preempt any laws 17 governing the maintenance, production, and destruction of evidence in criminal investigations 18 and prosecutions.

19 SEC. 373. PATROL VEHICLES WITH IN-CAR VIDEO 20 RECORDING CAMERAS. 21 (a) Definitions.—In this section: 22 (1) AUDIO RECORDING.—The term “audio recording” means the recorded conversation 23 between a Federal law enforcement officer and a second party. 24 (2) EMERGENCY LIGHTS.—The term “emergency lights” means oscillating, rotating, or 25 flashing lights on patrol vehicles. 26 (3) ENFORCEMENT OR INVESTIGATIVE STOP.—The term “enforcement or investigative 27 stop” means an action by a Federal law enforcement officer in relation to enforcement and 28 investigation duties, including traffic stops, pedestrian stops, abandoned vehicle contacts, 29 motorist assists, commercial motor vehicle stops, roadside safety checks, requests for 30 identification, or responses to requests for emergency assistance. 31 (4) IN-CAR VIDEO CAMERA.—The term “in-car video camera” means a video camera 32 located in a patrol vehicle. 33 (5) IN-CAR VIDEO CAMERA RECORDING EQUIPMENT.—The term “in-car video camera 34 recording equipment” means a video camera recording system located in a patrol vehicle 35 consisting of a camera assembly, recording mechanism, and an in-car video recording 36 medium. 37 (6) RECORDING.—The term “recording” means the process of capturing data or 38 information stored on a recording medium as required under this section. 39 (7) RECORDING MEDIUM.—The term “recording medium” means any recording medium

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1 for the retention and playback of recorded audio and video including VHS, DVD, hard 2 drive, solid state, digital, or flash memory technology. 3 (8) WIRELESS MICROPHONE.—The term “wireless microphone” means a device worn by a 4 Federal law enforcement officer or any other equipment used to record conversations 5 between the officer and a second party and transmitted to the recording equipment. 6 (b) Requirements.— 7 (1) IN GENERAL.—Each Federal law enforcement agency shall install in-car video camera 8 recording equipment in all patrol vehicles with a recording medium capable of recording for 9 a period of 10 hours or more and capable of making audio recordings with the assistance of 10 a wireless microphone. 11 (2) RECORDING EQUIPMENT REQUIREMENTS.—In-car video camera recording equipment 12 with a recording medium capable of recording for a period of 10 hours or more shall record 13 activities— 14 (A) whenever a patrol vehicle is assigned to patrol duty; 15 (B) outside a patrol vehicle whenever— 16 (i) a Federal law enforcement officer assigned that patrol vehicle is conducting 17 an enforcement or investigative stop; 18 (ii) patrol vehicle emergency lights are activated or would otherwise be 19 activated if not for the need to conceal the presence of law enforcement; or 20 (iii) an officer reasonably believes recording may assist with prosecution, 21 enhance safety, or for any other lawful purpose; and 22 (C) inside the vehicle when transporting an arrestee or when an officer reasonably 23 believes recording may assist with prosecution, enhance safety, or for any other lawful 24 purpose. 25 (3) REQUIREMENTS FOR RECORDING.— 26 (A) IN GENERAL.—A Federal law enforcement officer shall begin recording for an 27 enforcement or investigative stop when the officer determines an enforcement stop is 28 necessary and shall continue until the enforcement action has been completed and the 29 subject of the enforcement or investigative stop or the officer has left the scene. 30 (B) ACTIVATION WITH LIGHTS.—A Federal law enforcement officer shall begin 31 recording when patrol vehicle emergency lights are activated or when they would 32 otherwise be activated if not for the need to conceal the presence of law enforcement, 33 and shall continue until the reason for the activation ceases to exist, regardless of 34 whether the emergency lights are no longer activated. 35 (C) PERMISSIBLE RECORDING.—A Federal law enforcement officer may begin 36 recording if the officer reasonably believes recording may assist with prosecution, 37 enhance safety, or for any other lawful purpose; and shall continue until the reason for 38 recording ceases to exist. 39 (4) ENFORCEMENT OR INVESTIGATIVE STOPS.—A Federal law enforcement officer shall 40 record any enforcement or investigative stop. Audio recording shall terminate upon release 62 6/10/2021 4:09 PM

1 of the violator and prior to initiating a separate criminal investigation. 2 (c) Retention of Recordings.—Recordings made on in-car video camera recording medium 3 shall be retained for a storage period of at least 90 days. Under no circumstances shall any 4 recording made on in-car video camera recording medium be altered or erased prior to the 5 expiration of the designated storage period. Upon completion of the storage period, the recording 6 medium may be erased and reissued for operational use unless otherwise ordered or if designated 7 for evidentiary or training purposes. 8 (d) Accessibility of Recordings.—Audio or video recordings made pursuant to this section 9 shall be available under the applicable provisions of section 552a of title 5, United States Code. 10 Only recorded portions of the audio recording or video recording medium applicable to the 11 request will be available for inspection or copying. 12 (e) Maintenance Required.—The agency shall ensure proper care and maintenance of in-car 13 video camera recording equipment and recording medium. An officer operating a patrol vehicle 14 must immediately document and notify the appropriate person of any technical difficulties, 15 failures, or problems with the in-car video camera recording equipment or recording medium. 16 Upon receiving notice, every reasonable effort shall be made to correct and repair any of the in- 17 car video camera recording equipment or recording medium and determine if it is in the public 18 interest to permit the use of the patrol vehicle.

19 SEC. 374. FACIAL RECOGNITION TECHNOLOGY. 20 No camera or recording device authorized or required to be used under this part may be 21 equipped with facial recognition technology.

22 SEC. 375. GAO STUDY. 23 Not later than 1 year after the date of enactment of this Act, the Comptroller General of the 24 United States shall conduct a study on Federal law enforcement officer training, vehicle pursuits, 25 use of force, and interaction with citizens, and submit a report on such study to— 26 (1) the Committees on the Judiciary of the House of Representatives and of the Senate; 27 (2) the Committee on Oversight and Reform of the House of Representatives; and 28 (3) the Committee on Homeland Security and Governmental Affairs of the Senate.

29 SEC. 376. REGULATIONS. 30 Not later than 6 months after the date of the enactment of this Act, the Attorney General shall 31 issue such final regulations as are necessary to carry out this part.

32 SEC. 377. RULE OF CONSTRUCTION. 33 Nothing in this part shall be construed to impose any requirement on a Federal law 34 enforcement officer outside of the course of carrying out that officer’s duty.

35 PART II—POLICE CAMERA ACT

36 SEC. 381. SHORT TITLE.

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1 This part may be cited as the “Police Creating Accountability by Making Effective Recording 2 Available Act of 2021” or the “Police CAMERA Act of 2021”.

3 SEC. 382. LAW ENFORCEMENT BODY-WORN CAMERA 4 REQUIREMENTS. 5 (a) Use of Funds Requirement.—Section 502(a) of title I of the Omnibus Crime Control and 6 Safe Streets Act of 1968 (34 U.S.C. 10153(a)), as amended by section 322, is amended by 7 adding at the end the following: 8 “(10) An assurance that, for each fiscal year covered by an application, the applicant will 9 use not less than 5 percent of the total amount of the grant award for the fiscal year to 10 develop policies and protocols in compliance with part PP.”. 11 (b) Requirements.—Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 12 U.S.C. 10101 et seq.) is amended by adding at the end the following:

13 “PART PP—LAW ENFORCEMENT BODY-WORN 14 CAMERAS AND RECORDED DATA

15 “SEC. 3061. USE OF GRANT FUNDS. 16 “(a) In General.—Grant amounts described in paragraph (10) of section 502(a) of this title— 17 “(1) shall be used— 18 “(A) to purchase or lease body-worn cameras for use by State, local, and tribal law 19 enforcement officers (as defined in section 2503); 20 “(B) for expenses related to the implementation of a body-worn camera program in 21 order to deter excessive force, improve accountability and transparency of use of force 22 by law enforcement officers, assist in responding to complaints against law 23 enforcement officers, and improve evidence collection; 24 “(C) to implement policies or procedures to comply with the requirements described 25 in subsection (b); and 26 “(D) for the expenses related to storage of video footage; and 27 “(2) may not be used for expenses related to facial recognition technology. 28 “(b) Requirements.—A recipient of a grant under subpart 1 of part E of this title shall— 29 “(1) establish policies and procedures in accordance with the requirements described in 30 subsection (c) before law enforcement officers use of body-worn cameras; 31 “(2) adopt recorded data collection and retention protocols as described in subsection (d) 32 before law enforcement officers use of body-worn cameras; 33 “(3) make the policies and protocols described in paragraphs (1) and (2) available to the 34 public; and 35 “(4) comply with the requirements for use of recorded data under subsection (f). 36 “(c) Required Policies and Procedures.—A recipient of a grant under subpart 1 of part E of 64 6/10/2021 4:09 PM

1 this title shall— 2 “(1) develop with community input and publish for public view policies and protocols 3 for— 4 “(A) the safe and effective use of body-worn cameras; 5 “(B) the secure storage, handling, and destruction of recorded data collected by 6 body-worn cameras; 7 “(C) protecting the privacy rights of any individual who may be recorded by a body- 8 worn camera; 9 “(D) the release of any recorded data collected by a body-worn camera in 10 accordance with the open records laws, if any, of the State; and 11 “(E) making recorded data available to prosecutors, defense attorneys, and other 12 officers of the court in accordance with subparagraph (E); and 13 “(2) conduct periodic evaluations of the security of the storage and handling of the body- 14 worn camera data. 15 “(d) Recorded Data Collection and Retention Protocol.—The recorded data collection and 16 retention protocol described in this paragraph is a protocol that— 17 “(1) requires— 18 “(A) a law enforcement officer who is wearing a body-worn camera to provide an 19 explanation for the failure to activate the body-worn camera as required under section 20 372(c) of the TITLE Act; 21 “(B) a law enforcement officer who is wearing a body-worn camera to obtain 22 consent to be recorded from a crime victim or witness before interviewing the victim 23 or witness; 24 “(C) the collection of recorded data unrelated to a legitimate law enforcement 25 purpose be minimized to the greatest extent practicable; 26 “(D) the system used to store recorded data collected by body-worn cameras to log 27 all viewing, modification, or deletion of stored recorded data and to prevent, to the 28 greatest extent practicable, the unauthorized access or disclosure of stored recorded 29 data; and 30 “(E) any law enforcement officer be prohibited from accessing the stored data 31 without an authorized purpose; 32 “(2) allows an individual to file a complaint with a law enforcement agency relating to 33 the improper use of body-worn cameras; and 34 “(3) complies with any other requirements established by the Attorney General. 35 “(e) Reporting.—Statistical data required to be collected under subsection (d)(1)(D) shall be 36 reported to the Attorney General, who shall— 37 “(1) establish a standardized reporting system for statistical data collected under this 38 program; and

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1 “(2) establish a national database of statistical data recorded under this program. 2 “(f) Use or Transfer of Recorded Data.— 3 “(1) IN GENERAL.—Recorded data collected by an entity receiving a grant under a grant 4 under subpart 1 of part E of this title from a body-worn camera shall be used only in internal 5 and external investigations of misconduct by a law enforcement agency or officer, if there is 6 reasonable suspicion that a recording contains evidence of a crime, or for limited training 7 purposes. The Attorney General shall establish rules to ensure that the recorded data is used 8 only for the purposes described in this paragraph. 9 “(2) PROHIBITION ON TRANSFER.—Except as provided in paragraph (3), an entity 10 receiving a grant under subpart 1 of part E of this title may not transfer any recorded data 11 collected by the entity from a body-worn camera to another law enforcement or intelligence 12 agency. 13 “(3) EXCEPTIONS.— 14 “(A) CRIMINAL INVESTIGATION.—An entity receiving a grant under subpart 1 of part 15 E of this title may transfer recorded data collected by the entity from a body-worn 16 camera to another law enforcement agency or intelligence agency for use in a criminal 17 investigation if the requesting law enforcement or intelligence agency has reasonable 18 suspicion that the requested data contains evidence relating to the crime being 19 investigated. 20 “(B) CIVIL RIGHTS CLAIMS.—An entity receiving a grant under subpart 1 of part E of 21 this title may transfer recorded data collected by the law enforcement agency from a 22 body-worn camera to another law enforcement agency for use in an investigation of 23 the violation of any right, privilege, or immunity secured or protected by the 24 Constitution or laws of the United States. 25 “(g) Audit and Assessment.— 26 “(1) IN GENERAL.—Not later than 2 years after the date of enactment of this part, the 27 Director of the Office of Audit, Assessment, and Management shall perform an assessment 28 of the use of funds under this section and the policies and protocols of the grantees. 29 “(2) REPORTS.—Not later than September 1 of each year, beginning 2 years after the date 30 of enactment of this part, each recipient of a grant under subpart 1 of part E of this title shall 31 submit to the Director of the Office of Audit, Assessment, and Management a report that— 32 “(A) describes the progress of the body-worn camera program; and 33 “(B) contains recommendations on ways in which the Federal Government, States, 34 and units of local government can further support the implementation of the program. 35 “(3) REVIEW.—The Director of the Office of Audit, Assessment, and Management shall 36 evaluate the policies and protocols of the grantees and take such steps as the Director of the 37 Office of Audit, Assessment, and Management determines necessary to ensure compliance 38 with the program.

39 “SEC. 3062. PENALTIES FOR FAILURE TO USE BODY- 40 WORN CAMERAS. 66 6/10/2021 4:09 PM

1 “(a) Definition.—In this section, the term ‘covered provision’ means any provision of law that 2 makes funds available for the purchase of body-worn cameras. 3 “(b) Requirement.— 4 “(1) STATES.—A State that receives funds under a covered provision shall— 5 “(A) have a policy in place to review an instance or conduct of any law enforcement 6 officer who willfully or intentionally fails to ensure that a body-worn camera 7 purchased using those funds is engaged, functional, and properly secured at all times 8 during which the camera is required to be worn; and 9 “(B) ensure that any entity to which the State awards a subgrant under the covered 10 provision reviews an instance or conduct of any law enforcement officer who willfully 11 or intentionally fails to ensure that a body-worn camera purchased using those funds is 12 engaged, functional, and properly secured at all times during which the camera is 13 required to be worn. 14 “(2) OTHER ENTITIES.—An entity other than a State that receives funds under a covered 15 provision shall implement a disciplinary policy for any law enforcement officer who 16 intentionally fails to ensure that a body-worn camera purchased using those funds is 17 engaged, functional, and properly secured at all times during which the camera is required 18 to be worn. 19 “(c) Compliance.— 20 “(1) INELIGIBILITY FOR FUNDS.— 21 “(A) FIRST FISCAL YEAR.— 22 “(i) STATES.—For the first fiscal year beginning after the date of enactment of 23 this part in which a State fails to comply with subsection (b)(1), the State shall be 24 subject to a 20-percent reduction of the funds that would otherwise be provided to 25 the State under the applicable covered provision for that fiscal year. 26 “(ii) OTHER ENTITIES.—For the first fiscal year beginning after the date of 27 enactment of this part in which an entity other than a State fails to comply with 28 subsection (b)(2), the entity shall be subject to a 20-percent reduction of the funds 29 that would otherwise be allocated to the entity under the applicable covered 30 provision for that fiscal year. 31 “(B) SUBSEQUENT FISCAL YEARS.— 32 “(i) STATES.—Beginning in the first fiscal year beginning after the first fiscal 33 year described in subparagraph (A)(i) in which a State fails to comply with 34 subsection (b), the percentage by which the funds described in subparagraph 35 (A)(i) are reduced shall be increased by 5 percent each fiscal year the State fails to 36 comply with subsection (b), except that such reduction shall not exceed 25 37 percent in any fiscal year. 38 “(ii) OTHER ENTITIES.—Beginning in the first fiscal year beginning after the 39 first fiscal year described in subparagraph (A)(i) in which a an entity other than a 40 State fails to comply with subsection (b), the percentage by which the funds 41 described in subparagraph (A)(ii) are reduced shall be increased by 5 percent each 67 6/10/2021 4:09 PM

1 fiscal year the entity fails to comply with subsection (b), except that such 2 reduction shall not exceed 25 percent in any fiscal year. 3 “(2) REALLOCATION.—Amounts not allocated under covered provision to a State or other 4 entity for failure to comply with subsection (b) shall be reallocated under the covered 5 provision to States or other entities that have complied with subsection (b).

6 “SEC. 3063. BODY-WORN CAMERA TRAINING TOOLKIT. 7 “(a) In General.—The Attorney General shall establish and maintain a body-worn camera 8 training toolkit for law enforcement agencies, academia, and other relevant entities to provide 9 training and technical assistance, including best practices for implementation, model policies and 10 procedures, and research materials. 11 “(b) Mechanism.—In establishing the toolkit required to under subsection (a), the Attorney 12 General may consolidate research, practices, templates, and tools that been developed by expert 13 and law enforcement agencies across the country.

14 “SEC. 3064. STUDY. 15 “(a) In General.—Not later than 3 years after the date of enactment of the Police CAMERA 16 Act of 2021, the Attorney General shall conduct a study on— 17 “(1) the efficacy of body-worn cameras in deterring excessive force by law enforcement 18 officers; 19 “(2) the impact of body-worn cameras on the accountability and transparency of the use 20 of force by law enforcement officers; 21 “(3) the impact of body-worn cameras on responses to and adjudications of complaints of 22 excessive force or other complaints of serious misconduct; 23 “(4) the effect of the use of body-worn cameras on the safety of law enforcement officers 24 on patrol; 25 “(5) the effect of the use of body-worn cameras on public safety; 26 “(6) the impact of body-worn cameras on evidence collection for criminal investigations; 27 “(7) issues relating to the secure storage and handling of recorded data from the body- 28 worn cameras; 29 “(8) issues relating to the privacy of individuals and officers recorded on body-worn 30 cameras; 31 “(9) issues relating to the use of facial recognition technology; 32 “(10) issues relating to the public’s access to body-worn camera footage; and 33 “(11) any other factors that the Attorney General determines are relevant in evaluating 34 the efficacy of body-worn cameras. 35 “(b) Report.—Not later than 180 days after the date on which the study required under 36 subsection (a) is completed, the Attorney General shall submit to Congress a report on the study, 37 which shall include any policy recommendations that the Attorney General considers 38 appropriate.”. 68 6/10/2021 4:09 PM

1 SEC. 383. STUDY AND PROPOSAL ON IMPROVING 2 ACCOUNTABILITY FOR DOJ GRANTS. 3 (a) Definitions.—In this section— 4 (1) the term “covered grant” means a grant awarded under a covered grant program; and 5 (2) the term “covered grant program” means— 6 (A) the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 7 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 8 U.S.C. 10151 et seq.); 9 (B) the “Cops on the Beat” program under part Q of title I of the Omnibus Crime 10 Control and Safe Streets Act of 1968 (34 U.S.C. 10381 et seq.); and 11 (C) any other grant program administered by the Attorney General that provides 12 funds to law enforcement agencies. 13 (b) Study and Proposal.—Not later than 1 year after the date of enactment of this Act, the 14 Attorney General shall study, and submit to Congress a proposal regarding, the possible 15 implementation of a method to improve accountability for law enforcement agencies that receive 16 funds from covered grant programs. 17 (c) Contents.—In carrying out subsection (b), the Attorney General shall develop performance 18 metrics for law enforcement agencies that apply for and receive funds from covered grant 19 programs, the parameters of which shall— 20 (1) establish benchmarks of progress, measured on a semiannual or annual basis, as 21 appropriate; 22 (2) require annual accounting by a recipient of a covered grant of the progress made 23 toward each benchmark described in paragraph (1); and 24 (3) provide that a recipient shall submit an explanation for its failure to meet a benchmark 25 described in paragraph (1). 26 (d) Technical Assistance.—The Attorney General shall provide technical assistance to assist 27 law enforcement agencies in meeting the benchmarks for progress established under subsection 28 (c)(1). 29 (e) Deadline to Meet Benchmarks.—Beginning on the date that is 2 years after the date on 30 which the Attorney General submits to Congress the proposal under subsection (b)— 31 (1) failure by a law enforcement agency to be in compliance with the benchmarks for 32 progress established under subsection (c)(1) shall be violation of the grant agreement for 33 any covered grant; and 34 (2) such a law enforcement agency may not apply for a covered grant for a period of 1 35 year following the determination of the failure to be in compliance.

36 Subtitle D—Medical Attention for Individuals in Federal 37 Custody Displaying Medical Distress

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1 SEC. 385. SHORT TITLE. 2 This subtitle may be cited as the “Andrew Kearse Accountability for Denial of Medical Care 3 Act of 2021”.

4 SEC. 386. MEDICAL ATTENTION FOR INDIVIDUALS IN 5 FEDERAL CUSTODY DISPLAYING MEDICAL DISTRESS. 6 (a) In General.—Chapter 13 of title 18, United States Code, is amended by adding at the end 7 the following:

8 “250. Medical attention for individuals in Federal custody 9 displaying medical distress 10 “(a) Definitions.—In this section— 11 “(1) the term ‘appropriate Inspector General’, with respect to a covered official, means— 12 “(A) the Inspector General of the Federal agency that employs the covered official; 13 or 14 “(B) in the case of a covered official employed by a Federal agency that does not 15 have an Inspector General, the Inspector General of the Department of Justice; 16 “(2) the term ‘covered official’ means— 17 “(A) a Federal law enforcement officer (as defined in section 115); 18 “(B) an officer or employee of the Bureau of Prisons; or 19 “(C) an officer or employee of the United States Marshals Service; and 20 “(3) the term ‘medical distress’ includes breathing difficulties. 21 “(b) Requirement.— 22 “(1) OFFENSE.—It shall be unlawful for a covered official to negligently fail to obtain or 23 provide immediate medical attention to an individual in Federal custody who displays 24 medical distress in the presence of the covered official, if the individual suffers unnecessary 25 pain, injury, or death as a result of that failure. 26 “(2) PENALTY.—A covered official who violates paragraph (1) shall be fined under this 27 title, imprisoned for not more than 1 year, or both. 28 “(3) STATE CIVIL ENFORCEMENT.—Whenever an attorney general of a State has 29 reasonable cause to believe that a resident of the State has been aggrieved by a violation of 30 paragraph (1) by a covered official, the attorney general, or another official, agency, or 31 entity designated by the State, may bring a civil action in any appropriate district court of 32 the United States to obtain appropriate equitable and declaratory relief. 33 “(c) Inspector General Investigation.— 34 “(1) IN GENERAL.—The appropriate Inspector General shall investigate any instance in 35 which—

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1 “(A) a covered official fails to obtain or provide immediate medical attention to an 2 individual in Federal custody who displays medical distress in the presence of the 3 covered official; and 4 “(B) the individual suffers unnecessary pain, injury, or death as a result of the failure 5 to obtain or provide immediate medical attention. 6 “(2) REFERRAL FOR PROSECUTION.—If an Inspector General, in conducting an 7 investigation under paragraph (1), concludes that the covered official acted negligently in 8 failing to obtain or provide immediate medical attention to the individual in Federal 9 custody, the Inspector General shall refer the case to the Attorney General for prosecution 10 under this section. 11 “(3) CONFIDENTIAL COMPLAINT PROCESS.—The Inspector General of a Federal agency 12 that employs covered officials shall establish a process under which an individual may 13 confidentially submit a complaint to the Inspector General regarding an incident described 14 in paragraph (1) involving a covered official employed by the Federal agency (or, in the 15 case of the Inspector General of the Department of Justice, involving a covered official 16 employed by a Federal agency that does not have an Inspector General). 17 “(d) Training.—The head of an agency that employs covered officials shall provide training to 18 each such covered official on obtaining or providing medical assistance to individuals in medical 19 distress.”. 20 (b) Technical and Conforming Amendment.—The table of sections for chapter 13 of title 18, 21 United States Code, is amended by adding at the end the following: 22 “250. Medical attention for individuals in Federal custody displaying medical distress.”.

23 Subtitle E—Preventing the Misuse of Tear Gas

24 SEC. 390. SHORT TITLE. 25 This subtitle may be cited as the “Preventing the Misuse of Tear Gas Act”.

26 SEC. 391. FINDINGS. 27 Congress finds the following: 28 (1) Riot control agents are heavily regulated on the battlefield and have been banned by 29 the international community under the Convention on the Prohibition of the Development, 30 Production, Stockpiling and Use of Chemical Weapons and on their Destruction, done at 31 Geneva September 3, 1992, and entered into force April 29, 1997 (commonly referred to as 32 the “Chemical Weapons Convention”). 33 (2) The Centers for Disease Control and Prevention recognize that exposure to riot 34 control agents can impose both immediate and long term health effects, including blindness, 35 glaucoma, cataracts, asthma, burns, and respiratory failure possibly resulting in death. 36 (3) Riot control agents cause respiratory distress and pose particular challenges in urban 37 communities, and among minority populations, where incidences of respiratory illness are 38 disproportionately high.

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1 (4) Riot control agents cause respiratory distress and pose significant challenges during 2 the COVID–19 pandemic due to the damage that the pandemic has inflicted to respiratory 3 systems of millions of people. 4 (5) If the use of riot control agents is regulated on the battlefield, their use against civilian 5 populations should be regulated. 6 (6) Limiting the use of riot control agents to stop violent behavior can be a valid strategy 7 to de-escalate violence and avoid greater use of force by law enforcement. 8 (7) In particular, riot control agents should not be deployed against persons behaving 9 peacefully.

10 SEC. 392. DEFINITIONS. 11 In this subtitle: 12 (1) LAW ENFORCEMENT OFFICER.—The term “law enforcement officer”— 13 (A) means any officer of the United States, a State, or a unit of local government, 14 who is empowered by law to conduct investigations of, or make arrests because of, 15 offenses against the United States, the District of Columbia, a State, or a political 16 subdivision of a State; and 17 (B) includes a member of the Armed Forces (including any reserve component) 18 under orders to act in a policing capacity in the United States. 19 (2) RIOT CONTROL AGENT.—The term “riot control agent”— 20 (A) means any chemical that— 21 (i) is not included on any schedule of chemicals contained in the Annex on 22 Chemicals of the Convention on the Prohibition of the Development, Production, 23 Stockpiling and Use of Chemical Weapons and on their Destruction, done at 24 Geneva September 3, 1992, and entered into force April 29, 1997 (commonly 25 referred to as the “Chemical Weapons Convention”); and 26 (ii) can produce rapidly in humans sensory irritation or disabling physical 27 effects which disappear within a short time following termination of exposure; 28 and 29 (B) includes the chemical compounds 2-chlorobenzalmalononitrile, 30 chloroacetophenone, and oleoresin capsicum. 31 (3) VIOLENT ACTIVITY.—The term “violent activity” means activity causing physical 32 injury to persons or serious property damage.

33 SEC. 393. USE OF FORCE STANDARD RELATED TO THE 34 USE OF RIOT CONTROL AGENTS. 35 (a) Federal Law Enforcement on Use of Force Policy Requirement.—Beginning with the first 36 fiscal year that begins after the date of enactment of this Act, all Federal law enforcement 37 agencies shall have in effect a clear set of policies related to the use of force that clearly states 38 that— 72 6/10/2021 4:09 PM

1 (1) riot control agents or similar irritants— 2 (A) shall not be deployed against non-violent civilians; and 3 (B) shall only be deployed to stop violent activity; and 4 (2) the use of riot control agents or similar irritants to quell violent activity should be 5 directed in way that minimizes any impact on those not participating in the violent activity. 6 (b) State and Local Law Enforcement Use of Force Requirement.—Beginning with the first 7 fiscal year that begins after the date of enactment of this Act, in order to be eligible to receive 8 funds under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 9 1968 (34 U.S.C. 10151 et seq.) and part Q of title I of such Act (34 U.S.C. 10381 et seq.), a State 10 or unit of local government shall have in effect a law or policy, and be in substantial compliance 11 with such law or policy, establishing use of force standards for law enforcement officers that 12 clearly state that— 13 (1) the use of riot control agents or similar irritants may not be deployed against non- 14 violent civilians and only deployed to stop violent activity; and 15 (2) the use of riot control agents or similar irritants to quell violent activity should be 16 directed in way that minimizes any impact on those not participating in the violent activity.

17 Subtitle F—Use of Chemical Restraints

18 SEC. 395. STUDY AND REPORT. 19 (a) Definitions.—In this section— 20 (1) the term “chemical restraint” means a medication, such as a sedative or hypnotic 21 agent, administered to restrain a severely agitated individual, who is experiencing a 22 potential acute psychiatric emergency or drug intoxication from behavior that is harmful to 23 the individual or others, without a direct therapeutic purpose; 24 (2) the term “covered public safety officer” means a public safety officer who is not a law 25 enforcement officer; and 26 (3) the terms “law enforcement officer” and “public safety officer” have the meanings 27 given the terms in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act 28 of 1968 (34 U.S.C. 10284). 29 (b) Study.— 30 (1) IN GENERAL.—The Attorney General shall conduct a study on the use of chemical 31 restraints by State and local public safety officers during any incident in which a law 32 enforcement officer is present. 33 (2) REQUIREMENTS.—The study required to be conducted under paragraph (1) shall 34 include a study of — 35 (A) how often since January 1, 2008— 36 (i) a law enforcement officer administered a chemical restraint; 37 (ii) a covered public safety officer administered a chemical restraint at the 38 direction of a law enforcement officer; or 73 6/10/2021 4:09 PM

1 (iii) a covered public safety officer administered a chemical restraint to 2 facilitate the arrest or other detention of an individual while a law enforcement 3 officer was present; 4 (B) the policies and guidelines of State and local governments relating to the use of 5 chemical restraints during incidents involving a law enforcement officer; and 6 (C) the policies and guidelines of State and local governments relating to the 7 interactions between law enforcement officers and covered public safety officers in the 8 field, including whether a law enforcement officer may influence the decision of a 9 covered public safety officer to administer a chemical restraint. 10 (c) Report.— 11 (1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the 12 Attorney General shall submit to Congress a report on the study required under subsection 13 (b). 14 (2) CONTENTS.—The report required to be submitted under paragraph (1) shall contain, at 15 a minimum— 16 (A) the number of times a chemical restraint was administered by a State or local 17 public safety officer during an incident described in subsection (b)(1); 18 (B) the demographic data, such as race, ethnicity, sex, age, disability status, veteran 19 status, level of education, location, and income, of the individuals to whom a chemical 20 restraint was administered during an incident described in subsection (b)(1); and 21 (C) an assessment of the outcome of each incident described in subsection (b)(1), 22 including whether the individual to whom the chemical restraint was administered— 23 (i) was transported to a hospital; 24 (ii) was admitted to an intensive care unit; 25 (iii) died; or 26 (iv) suffered a permanent injury or disability. 27 (3) DATABASE.—Beginning not later than 1 year after the date on which the report 28 required under this subsection is completed, the Attorney General shall compile data 29 regarding the use of chemical restraints during incidents described in subsection (b)(1) as a 30 part of the National Incident-Based Reporting System (NIBRS).

31 SEC. 396. BAN ON USE OF KETAMINE DURING ARREST 32 AND DETENTION FOR FEDERAL OFFENSES OTHER 33 THAN IN A HOSPITAL. 34 (a) In General.—Beginning not later than 120 days after the date of enactment of this Act, 35 ketamine, or any other chemical restraint (as defined in section 395), may not be administered to 36 an individual during an arrest or detention for a Federal offense other than in a hospital for 37 medical purposes. 38 (b) Incentives for States and Units of Local Government to Ban Use of Ketamine Other Than 74 6/10/2021 4:09 PM

1 in a Hospital.—Beginning in the first fiscal year that begins after the date that is 1 year after the 2 date of enactment of this Act, a State or unit of local government may not receive funds under 3 the Byrne grant program or the COPS grant program for a fiscal year if, on or before the day 4 before the first day of the fiscal year, the State or local unit of government does not certify that 5 the jurisdiction has in place a law or policy that prohibits the administration of ketamine, or any 6 other chemical restraint (as defined in section 395), to an individual during an arrest or detention 7 other than in a hospital for medical purposes.

8 TITLE IV—PREVENTING SEXUAL ACTS WHILE ACTING 9 UNDER COLOR OF LAW

10 SEC. 401. INCENTIVE FOR STATES TO PROHIBIT 11 ENGAGING IN SEXUAL ACTS WHILE ACTING UNDER 12 COLOR OF LAW. 13 (a) Authority to Make Grants.—The Attorney General is authorized to make grants to States 14 that have in effect a law that— 15 (1) makes it a criminal offense for any person acting under color of law of the State to 16 engage in a sexual act (as defined in section 2246 of title 18, United States Code) with an 17 individual who has been arrested by, is detained by, or is in custody of any law enforcement 18 officer; and 19 (2) prohibits a person charged with an offense described in paragraph (1) from asserting 20 the consent of the other individual as a defense. 21 (b) Reporting Requirement.—A State that receives a grant under this section shall submit to 22 the Attorney General, on an annual basis, information on— 23 (1) the number of reports made to law enforcement agencies in that State regarding 24 persons engaging in a sexual act (as defined in section 2246 of title 18, United States Code) 25 while acting under color of law during the previous year; and 26 (2) the disposition of each case in which sexual misconduct by a person acting under 27 color of law was reported during the previous year. 28 (c) Application.—A State seeking a grant under this section shall submit an application to the 29 Attorney General at such time, in such manner, and containing such information as the Attorney 30 General may reasonably require, including information about the law described in subsection (a). 31 (d) Grant Amount.—The amount of a grant to a State under this section shall be in an amount 32 that is not greater than 10 percent of the average of the total amount of funding of the 3 most 33 recent awards that the State received under the following grant programs: 34 (1) Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 35 U.S.C. 10441 et seq.) (commonly referred to as the “STOP Violence Against Women 36 Formula Grant Program”). 37 (2) Section 41601 of the Violence Against Women Act of 1994 (34 U.S.C. 12511) 38 (commonly referred to as the “Sexual Assault Services Program”).

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1 (e) Grant Term.— 2 (1) IN GENERAL.—The Attorney General shall provide an increase in the amount provided 3 to a State under the grant programs described in subsection (d) for a 2-year period. 4 (2) RENEWAL.—A State that receives a grant under this section may submit an 5 application for a renewal of such grant at such time, in such manner, and containing such 6 information as the Attorney General may reasonably require. 7 (3) LIMIT.—A State may not receive a grant under this section for more than 4 years. 8 (f) Uses of Funds.—A State that receives a grant under this section shall use— 9 (1) 25 percent of such funds for any of the permissible uses of funds under the grant 10 program described in paragraph (1) of subsection (d); and 11 (2) 75 percent of such funds for any of the permissible uses of funds under the grant 12 program described in paragraph (2) of subsection (d). 13 (g) Direct Appropriations.—For the purpose of making grants under this section, there is 14 authorized to be appropriated, and there is appropriated, to remain available until expended, out 15 of any money in the Treasury not otherwise appropriated— 16 (1) for fiscal year 2021, $5,000,000; 17 (2) for fiscal year 2022, $5,000,000; 18 (3) for fiscal year 2023, $5,000,000; 19 (4) for fiscal year 2024, $5,000,000; and 20 (5) for fiscal year 2025, $5,000,000. 21 (h) Definition.—For purposes of this section, the term “State” means each of the several States 22 and the District of Columbia, Indian Tribes, and the Commonwealth of Puerto Rico, Guam, 23 American Samoa, the Virgin Islands, and the Northern Mariana Islands.

24 SEC. 402. REPORTS TO CONGRESS. 25 (a) Report by Attorney General.—Not later than 1 year after the date of enactment of this Act, 26 and each year thereafter, the Attorney General shall submit to Congress a report containing— 27 (1) the information required to be reported to the Attorney General under section 402(b); 28 and 29 (2) information on— 30 (A) the number of reports made, during the previous year, to Federal law 31 enforcement agencies regarding persons engaging in a sexual act (as defined in section 32 2246 of title 18, United States Code) while acting under color of law; and 33 (B) the disposition of each case in which sexual misconduct by a person acting 34 under color of law was reported. 35 (b) Report by GAO.—Not later than 1 year after the date of enactment of this Act, and each 36 year thereafter, the Comptroller General of the United States shall submit to Congress a report on 37 any violations of section 2243(c) of title 18, United States Code, as amended by section 401,

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1 committed during the 1-year period covered by the report.

2 TITLE V—NATIONAL MUSEUM OF AFRICAN 3 AMERICAN HISTORY AND CULTURE COUNCIL

4 SEC. 501. DEFINITIONS. 5 In this title: 6 (1) DIRECTOR.—The term “Director” means the Director of the National Museum of 7 African American History and Culture. 8 (2) ELIGIBLE PROGRAM PARTICIPANT.—The term “eligible program participant” means a 9 Federal, State, or local law enforcement officer or recruiter, or a candidate in a law 10 enforcement academy.

11 SEC. 502. PROGRAM AUTHORIZED. 12 (a) Direct Appropriations.—For the purpose of carrying out this title, there is authorized to be 13 appropriated, and there is appropriated, to remain available until expended, out of any money in 14 the Treasury not otherwise appropriated— 15 (1) for fiscal year 2021, $2,000,000; 16 (2) for fiscal year 2022, $2,000,000; 17 (3) for fiscal year 2023, $2,000,000; 18 (4) for fiscal year 2024, $2,000,000; and 19 (5) for fiscal year 2025, $2,000,000. 20 (b) Donations, Gifts, Bequests, and Devises of Property.—In accordance with chapter 23 of 21 title 36, United States Code, and in furtherance of the purposes of this title, the Director is 22 authorized to solicit, accept, hold, administer, invest, and use donated funds and gifts, bequests, 23 and devises of property, both real and personal. 24 (c) Use of Funds.—The Director, using funds appropriated under subsection (a) and resources 25 received under subsection (b), including through the engagement of eligible program participants 26 as appropriate and in consultation with the professional law enforcement associations or 27 organizations— 28 (1) shall develop and nationally disseminate a curriculum to educate eligible program 29 participants on the history of racism in the United States; and 30 (2) shall carry out education program training for eligible program participants that 31 focuses on— 32 (A) understanding the history of racism in America; 33 (B) improving relationships between law enforcement and the communities they 34 serve; and 35 (C) training eligible program participants who can effectively train their law 36 enforcement peers in their State and communities.

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1 (d) Applications.—The Director may seek the engagement of an eligible program participant 2 under subsection (c) by requiring submission of an application to the Director at such time, in 3 such manner, and based on such competitive criteria as the Director may require.

4 SEC. 503. ONLINE EDUCATION RESOURCES. 5 (a) Website.—The Director shall maintain on the website of the National Museum of African 6 American History and Culture a special section designated for education resources to improve 7 awareness and understanding of the history of racism in the United States and to promote racial 8 reconciliation through best practices to improve relations between law enforcement and the 9 communities they serve. The website and resources shall be made publically available. 10 (b) Information Distribution.—The Director shall distribute information about the activities 11 funded under this title through the website of the National Museum of African American History 12 and Culture, and shall respond to inquiries for supplementary information concerning such 13 activities. 14 (c) Best Practices.—The information distributed by the Director shall include best practices 15 for educators.

16 SEC. 504. NATIONAL MUSEUM OF AFRICAN AMERICAN 17 HISTORY AND CULTURE COUNCIL. 18 The National Museum of African American History and Culture Council established under 19 section 5 of the National Museum of African American History and Culture Act (20 U.S.C. 80r- 20 3), shall have governance responsibility for the programs and activities carried out under this title 21 in accordance with the National Museum of African American History and Culture Act (20 22 U.S.C. 80r).

23 SEC. 505. ENGAGEMENT OF ELIGIBLE PROGRAM 24 PARTICIPANTS. 25 (a) In General.—An eligible program participant shall be engaged at the discretion of the 26 Director to participate in education program activities authorized under this title and approved by 27 the Director pursuant to an application described in section 502(d). 28 (b) Engagement Period.—Engagement of eligible program participants under this title shall be 29 for a period determined by the Director. 30 (c) Priority.—In engaging eligible program participants under section 502, the Director shall 31 give priority to applications from such participants who work for a Federal, State, or local law 32 enforcement agency that does not, at the time application is made, offer any education 33 programming on the history of racism or best practices to improve race relations between law 34 enforcement and the communities they serve.

35 SEC. 506. ANNUAL REPORT. 36 Not later than February 1 of each year, the Director shall submit to the Congress a report 37 describing the activities carried out under this title.

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1 TITLE VI—HUMANE CORRECTIONAL HEALTH CARE 2 ACT

3 SEC. 601. SHORT TITLE. 4 This title may be cited as the “Humane Correctional Health Care Act”.

5 SEC. 602. REPEAL OF MEDICAID INMATE EXCLUSION. 6 (a) In General.—Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended, 7 in the matter following paragraph (30), by striking “such term does not include—” and all that 8 follows through “patient in an institution for mental diseases” and inserting “such term does not 9 include any such payments with respect to care or services for any individual who is under 65 10 years of age and is a patient in an institution for mental diseases”. 11 (b) Conforming Amendments.—Section 1902 of the Social Security Act (42 U.S.C. 1396a) is 12 amended— 13 (1) in subsection (a)— 14 (A) by striking paragraph (84); 15 (B) by redesignating paragraphs (85) and (86) as paragraphs (84) and (85), 16 respectively; 17 (C) in paragraph (84), as redesignated by subparagraph (B), by striking “(oo)(1)” 18 and inserting “(nn)(1)”; and 19 (D) in paragraph (85), as redesignated by subparagraph (B), by striking “(pp)” and 20 inserting “(oo)”; 21 (2) by striking subsection (nn); 22 (3) by redesignating subsections (oo) and (pp) as subsections (nn) and (oo), respectively; 23 (4) in subsection (nn), as redesignated by paragraph (3), by striking “(85)” and inserting 24 “(84)”; and 25 (5) in subsection (oo), as redesignated by paragraph (3), by striking “(86)” and inserting 26 “(85)”. 27 (c) Effective Date.—The amendments made by this section shall apply with respect to medical 28 assistance provided on or after [January 1, 2020].

29 SEC. 603. REPORT BY COMPTROLLER GENERAL. 30 Not later than the date that is three years after the date of the enactment of this Act, and 31 annually thereafter for each of the following five years, the Comptroller General of the United 32 States shall submit to Congress a report containing the following information: 33 (1) The percentage of inmates that receive medical assistance under a State plan under 34 title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). 35 (2) The access of inmates to health care services, including specialty care, and health care 36 providers. 79 6/10/2021 4:09 PM

1 (3) The quality of health care services provided to inmates. 2 (4) Any impact of coverage under such a State plan on recidivism. 3 (5) The percentage of inmates who, upon release, are— 4 (A) enrolled under such a State plan; and 5 (B) connected to a primary care provider in their community. 6 (6) Trends in the prevalence and incidence of illness and injury among inmates. 7 (7) Any other information the Comptroller General determines necessary regarding the 8 health of inmates.

9 SEC. 604. SENSE OF CONGRESS ON INCARCERATION 10 AND COMMUNITY-BASED HEALTH SERVICES. 11 It is the sense of Congress that— 12 (1) no individual in the United States should be incarcerated for the purpose of being 13 provided with health care that is unavailable to the individual in the individual’s 14 community; 15 (2) each State and unit of local government should establish programs that offer 16 community-based health services (including mental health and substance use disorder 17 services) commensurate with the principle stated in paragraph (1); and 18 (3) Federal reimbursement for expenditures on medical assistance made available through 19 the amendments made by this Act should not supplant an investment in community-based 20 services.

21 TITLE VII—BEHAVIORAL HEALTH RESPONSES

22 SEC. 701. PURPOSES. 23 The purposes of this title are— 24 (1) to address the need to provide services and treatment to individuals with a disability, 25 individuals with drug or alcohol addiction, and individuals experiencing homelessness, to 26 prevent crisis and unnecessary interactions with law enforcement; 27 (2) to improve the systems for mental health professionals, social workers, and other 28 trained professionals to provide services to individuals with disabilities; 29 (3) to reduce the number of calls for service to police involving individuals with 30 behavioral health disabilities, with substance use disorders, or experiencing homelessness so 31 that officers can respond to and investigate serious crime; and 32 (4) to develop co-response programs made up of law enforcement officers and mental 33 health professionals to respond to incidents involving an individual in mental health crisis 34 who has a dangerous weapon or poses a danger to others.

35 Subtitle A—Priority for Public Heath Responses

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1 PART I—MENTAL HEALTH JUSTICE ACT

2 SEC. 711. SHORT TITLE. 3 This part may be cited as the “Mental Health Justice Act of 2021”.

4 SEC. 712. FINDINGS. 5 Congress finds the following: 6 (1) Needless institutionalization (including in psychiatric hospitals) of people with 7 disabilities is generally a violation of the Americans with Disabilities Act of 1990 (42 8 U.S.C. 12101 et seq.), and the failure to provide sufficient community-based services (such 9 as supported housing, assertive community treatment, mobile crisis, peer support, and 10 supported employment) has resulted in needless institutionalization as well as incarceration 11 of persons with mental illness or an intellectual or developmental disability. 12 (2) In the landmark 1999 Supreme Court case Olmstead v. L.C., the Supreme Court ruled 13 that the “unjustified institutional isolation of persons with disabilities is a form of 14 discrimination” prohibited by the Americans with Disabilities Act of 1990 (42 U.S.C. 15 12101 et seq.). 16 (3) Regulations promulgated by the Attorney General in 1991 affirm that title II of the 17 Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.) requires public entities to 18 “administer services, programs, and activities in the most integrated setting appropriate to 19 the needs of qualified individuals with disabilities” (28 C.F.R. 35.130(d)). The regulation 20 defines “the most integrated setting” as one that “enables individuals with disabilities to 21 interact with nondisabled persons to the fullest extent possible” (28 C.F.R. pt. 35, App. B). 22 (4) Yet today, persons with a mental illness or an intellectual or developmental disability 23 are more likely to be incarcerated and to be subject to excessive use of force by law 24 enforcement officers: 25 (A) One out of every 4 fatal encounters with law enforcement officers is a person 26 with mental illness. 27 (B) Persons with a mental illness or an intellectual or developmental disability are 28 often charged with minor, nonviolent offenses. For many of these persons, arrest and 29 incarceration could have been avoided if they had access to intensive community- 30 based services and stable housing. 31 (5) Many of the police encounters that lead to the incarceration of people with mental 32 illness or an intellectual or developmental disability could be avoided by having in place 33 systems that ensure that calls to 911 or to law enforcement result in dispatch of mental 34 health professionals, peer support workers, or others rather than law enforcement officers. 35 (6) Many people who are incarcerated would be better served in community services. If 36 there were sufficient community services, and persons with mental illness or an intellectual 37 or developmental disability were connected to those services rather than being arrested, 38 thousands of people with mental illness or an intellectual or developmental disability would 39 avoid needless admissions to hospitals or jails. Further, jails and hospitals would experience 40 less crowding. 81 6/10/2021 4:09 PM

1 SEC. 713. GRANTS FOR MENTAL HEALTH 2 PROFESSIONALS TO ACT AS FIRST RESPONDERS. 3 (a) In General.—The Secretary of Health and Human Services (in this section referred to as 4 the “Secretary”), acting through the Assistant Secretary for Mental Health and Substance Use 5 and in consultation with the Assistant Attorney General for the Civil Rights Division of the 6 Department of Justice (in this section referred to as the “Assistant Attorney General”), shall 7 award grants to States and political subdivisions of States— 8 (1) to hire, employ, train, and dispatch mental health professionals to respond in lieu of 9 law enforcement officers in emergencies in which— 10 (A) an individual calling 9-1-1, 9-8-8, or another emergency hotline states that a 11 person— 12 (i) is in a mental health crisis; or 13 (ii) may have a mental illness or an intellectual or developmental disability; 14 (B) a law enforcement officer or other first responder identifies a person as having 15 (or possibly having) a mental illness or an intellectual or developmental disability; or 16 (C) a law enforcement officer or other first responder identifies a person as being (or 17 possibly being) under the influence of a legal or illegal substance; 18 (2) to include in the training for mental health professionals pursuant to paragraph (1) 19 training in— 20 (A) the principles of de-escalation and anti-racism; and 21 (B) age-appropriate mechanisms for carrying out the professionals’ responsibilities; 22 (3) to ensure that such mental health professionals link persons described in subparagraph 23 (A), (B), or (C) of paragraph (1) with voluntary community-based services where 24 appropriate; and 25 (4) to train the staff of dispatch centers regarding the proper handling of a report of an 26 emergency described in paragraph (1), including training in the principles of de-escalation 27 and anti-racism referred to in paragraph (2)(A). 28 (b) Delegation.—The Secretary shall delegate responsibility for carrying out the Secretary’s 29 responsibilities under this section and section 714 to the Director of the Center for Mental Health 30 Services of the Substance Abuse and Mental Health Services Administration. 31 (c) Additional Awards.—The Secretary shall make an additional award of funds under this 32 section each fiscal year to grantees that demonstrate that their programs under this section 33 resulted in— 34 (1) a notable reduction in the incarceration and death of persons with mental illness or an 35 intellectual or developmental disability; or 36 (2) a notable reduction in the use of force by police and a notable increase in referrals of 37 persons with a mental illness or intellectual disability to community-based, voluntary 38 support services (other than institutionalization or carceral support services).

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1 (d) Priority.—In awarding grants under this section, the Secretary shall give priority to States 2 and political subdivisions of States that— 3 (1) have high rates of arrests and incarceration of persons with a mental illness or an 4 intellectual or developmental disability; 5 (2) commit to increasing resources for mental health and community-based support 6 services or solutions for such persons; or 7 (3) include peer support specialists in their current first responder model. 8 (e) Reporting.— 9 (1) BY GRANTEES.—A recipient of a grant under this section shall submit to the 10 Secretary— 11 (A) a quarterly report on— 12 (i) the number and percentage of emergencies where mental health 13 professionals were dispatched in lieu of law enforcement officers pursuant to 14 assistance under this section; 15 (ii) such other matters as the Secretary may require for determining whether the 16 recipient should receive an additional award under subsection (c); and 17 (iii) any increase or decrease, compared to any previous quarter, in 18 incarceration or institutionalization as a result of dispatching mental health 19 professionals pursuant to assistance under this section, disaggregated to include 20 data specific to persons with intellectual and developmental disabilities and 21 mental illnesses where available, so as— 22 (I) to provide a critical baseline analysis; and 23 (II) to ensure that mental health practitioners are not simply funneling 24 individuals into other institutionalized settings; and 25 (B) a final report on the use of such grant. 26 (2) BY SECRETARY.—Not later than 1 year after awarding the first grant under this 27 section, and annually thereafter, the Secretary shall submit to Congress a report on the grant 28 program under this section. 29 (3) DISAGGREGATION OF DATA.—The reporting pursuant to paragraphs (1) and (2) shall 30 be disaggregated by age, gender, race, and ethnicity, to the extent the Secretary determines 31 appropriate. 32 (f) Revocation of Grant.—If the Secretary finds, based on reporting under subsection (e) or 33 other information, that activities funded through a grant under this section are leading to a 34 significant increase in incarceration or institutionalization— 35 (1) the Secretary shall revoke the grant; and 36 (2) the grantee shall repay to the Federal Government any amounts that the grantee— 37 (A) received through the grant; and 38 (B) has not obligated or expended.

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1 SEC. 714. TECHNICAL ASSISTANCE FOR POLITICAL 2 SUBDIVISIONS OF A STATE. 3 The Secretary of Health and Human Services, acting through the Assistant Secretary for 4 Mental Health and Substance Use and in consultation with the Assistant Attorney General for the 5 Civil Rights Division of the Department of Justice, shall provide technical assistance to grantees 6 under section 713 (or other Federal law), other political subdivisions of States, and States to hire, 7 employ, train, and dispatch mental health professionals to respond in lieu of law enforcement 8 officers, as described in section 713.

9 SEC. 715. STUDY. 10 (a) In General.—The Secretary of Health and Human Services and the Assistant Attorney 11 General for the Civil Rights Division of the Department of Justice shall conduct a study of the 12 effectiveness of programs and activities under sections 713 and 714. 13 (b) Qualitative and Longitudinal Examination.—The study under subsection (a) shall include a 14 qualitative and longitudinal study of— 15 (1) the number of persons diverted from arrests; and 16 (2) short- and long-term outcomes for those persons, including reduced recidivism, 17 reduced incidences of use of force, and reduced utilization of resources. 18 (c) Completion; Report.—Not later than 3 years after the date of enactment of this Act, the 19 Secretary of Health and Human Services and the Assistant Attorney General for the Civil Rights 20 Division of the Department of Justice shall— 21 (1) complete the study under subsection (a); 22 (2) submit a report to Congress on the results of such study; and 23 (3) publish such report.

24 SEC. 716. FUNDING. 25 To carry out this part, there are authorized to be appropriated such sums as may be necessary 26 for fiscal year 2021 and each subsequent fiscal year.

27 PART II—CAHOOTS ACT

28 SEC. 721. SHORT TITLE. 29 This part may be cited as the “Crisis Assistance Helping Out On The Streets Act” or the 30 “CAHOOTS Act”.

31 SEC. 722. ENHANCED FEDERAL MEDICAID SUPPORT 32 FOR COMMUNITY-BASED MOBILE CRISIS 33 INTERVENTION SERVICES. 34 Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end 35 the following new subsection: 84 6/10/2021 4:09 PM

1 “(cc) Community-Based Mobile Crisis Intervention Services.— 2 “(1) IN GENERAL.—Notwithstanding section 1902(a)(1) (relating to Statewideness), 3 section 1902(a)(10)(B) (relating to comparability), section 1902(a)(23)(A) (relating to 4 freedom of choice of providers), or section 1902(a)(27) (relating to provider agreements), a 5 State may provide medical assistance for qualifying community-based mobile crisis 6 intervention services under a State plan amendment or waiver approved under section 1115 7 or 1915. 8 “(2) QUALIFYING COMMUNITY-BASED MOBILE CRISIS INTERVENTION SERVICES DEFINED.— 9 For purposes of this subsection, the term ‘qualifying community-based mobile crisis 10 intervention services’ means, with respect to a State, items and services for which medical 11 assistance is available under the State plan under this title or a waiver of such plan, that 12 are— 13 “(A) furnished outside of a hospital or other facility setting to an individual who is— 14 “(i) entitled to medical assistance under such plan or waiver; and 15 “(ii) experiencing a mental health or substance use disorder crisis; 16 “(B) furnished by a multidisciplinary mobile crisis team— 17 “(i) that includes at least 1 behavioral health care professional who is capable 18 of conducting an assessment of the individual, in accordance with the 19 professional’s permitted scope of practice under State law, and other professionals 20 or paraprofessionals with appropriate expertise in behavioral health or mental 21 health crisis response, including nurses, social workers, peer support specialists, 22 and others, as designated by the State and approved by the Secretary; 23 “(ii) whose members are trained in trauma-informed care, de-escalation 24 strategies, and harm reduction; 25 “(iii) that is able to respond in a timely manner and, where appropriate, provide 26 the following— 27 “(I) screening and assessment; 28 “(II) stabilization and de-escalation; 29 “(III) coordination with, and referrals to, health, social, and other services 30 and supports as needed; and 31 “(IV) facilitate an individual into the State’s Medicaid transportation 32 process to ensure access to the next step in care or treatment; 33 “(iv) that maintains relationships with relevant community partners, including 34 medical, primary care, and behavioral health providers, community health centers, 35 crisis respite centers, managed care organizations (if applicable), entities able to 36 provide assistance with application and enrollment in the State plan or a waiver of 37 the plan, entities able to provide assistance with applying for and enrolling in 38 benefit programs, entities that provide assistance with housing (such as public 39 housing authorities, Continuum of Care programs, or not-for-profit entities that 40 provide housing assistance), and entities that provide assistance with other social

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1 services; 2 “(v) that coordinates with crisis intervention hotlines and emergency response 3 systems; 4 “(vi) that maintains the privacy and confidentiality of patient information 5 consistent with Federal and State requirements; and 6 “(vii) that operates independently from (but may coordinate with) State or local 7 law enforcement agencies; 8 “(C) available 24 hours per day, every day of the year; and 9 “(D) voluntary to receive. 10 “(3) PAYMENTS.— 11 “(A) IN GENERAL.—Notwithstanding section 1905(b), beginning October 1, 2020, 12 during each of the first 12 fiscal quarters that a State meets the requirements described 13 in paragraph (4), the Federal medical assistance percentage applicable to amounts 14 expended by the State for medical assistance for qualifying community-based mobile 15 crisis intervention services furnished during such quarter shall be equal to 95 percent. 16 “(B) EXCLUSION OF ENHANCED PAYMENTS FROM TERRITORIAL CAPS.—To the extent 17 that the amount of a payment to Puerto Rico, the Virgin Islands, Guam, the Northern 18 Mariana Islands, or American Samoa for medical assistance for qualifying community- 19 based mobile crisis intervention services that is based on the Federal medical 20 assistance percentage specified in subparagraph (A) exceeds the amount that would 21 have been paid to such territory for such services if the Federal medical assistance 22 percentage for the territory had been determined without regard to such 23 subparagraph— 24 “(i) the limitation on payments to territories under subsections (f) and (g) of 25 section 1108 shall not apply to the amount of such excess; and 26 “(ii) the amount of such excess shall be disregarded in applying such 27 subsections. 28 “(4) REQUIREMENTS.—The requirements described in this paragraph are the following: 29 “(A) The State demonstrates, to the satisfaction of the Secretary— 30 “(i) that it will be able to support the provision of qualifying community-based 31 mobile crisis intervention services that meet the conditions specified in paragraph 32 (2); and 33 “(ii) how it will support coordination between mobile crisis teams and 34 community partners, including health care providers, to enable the provision of 35 services, needed referrals, and other activities identified by the Secretary. 36 “(B) The State provides assurances satisfactory to the Secretary that— 37 “(i) any additional Federal funds received by the State for qualifying 38 community-based mobile crisis intervention services provided under this 39 subsection that are attributable to the increased Federal medical assistance 40 percentage under paragraph (3)(A) will be used to supplement, and not supplant, 86 6/10/2021 4:09 PM

1 the level of State funds expended for such services in the fiscal year preceding the 2 first fiscal year in which the State elected to provide medical assistance under this 3 subsection; 4 “(ii) if the State made qualifying community-based mobile crisis intervention 5 services available in a region of the State in such preceding fiscal year, the State 6 will continue to make such services available in such region under this subsection; 7 and 8 “(iii) the State will conduct the evaluation and assessment, and submit the 9 report, required under paragraph (5). 10 “(5) STATE EVALUATION AND REPORT.— 11 “(A) STATE EVALUATION.—Not later than 4 fiscal quarters after a State begins 12 providing qualifying community-based mobile crisis intervention services in 13 accordance with this subsection, the State shall enter into a contract with an 14 independent entity or organization to conduct an evaluation for the purposes of— 15 “(i) determining the effect of the provision of such services on— 16 “(I) emergency room visits; 17 “(II) use of ambulatory services; 18 “(III) hospitalizations; 19 “(IV) the involvement of law enforcement in mental health or substance 20 use disorder crisis events; and 21 “(V) the diversion of individuals from jails or similar settings; and 22 “(ii) assessing— 23 “(I) the types of services provided to individuals; 24 “(II) the types of events responded to; 25 “(III) cost savings or cost-effectiveness attributable to such services; 26 “(IV) the experiences of individuals who receive qualifying community- 27 based mobile crisis intervention services; 28 “(V) the successful connection of individuals with follow-up services; and 29 “(VI) other relevant outcomes identified by the Secretary. 30 “(B) COMPARISON TO HISTORICAL MEASURES.—The contract described in 31 subparagraph (A) shall specify that the evaluation is based on a comparison of the 32 historical measures of State performance with respect to the outcomes specified under 33 such subparagraph to the State’s performance with respect to such outcomes during the 34 period beginning with the first quarter in which the State begins providing qualifying 35 community-based mobile crisis intervention services in accordance with this 36 subsection. 37 “(C) REPORT.—Not later than 2 years after a State begins to provide qualifying 38 community-based mobile crisis intervention services in accordance with this

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1 subsection, the State shall submit a report to the Secretary on the following: 2 “(i) The results of the evaluation carried out under subparagraph (A). 3 “(ii) The number of individuals who received qualifying community-based 4 mobile crisis intervention services. 5 “(iii) Demographic information regarding such individuals when available, 6 including the race or ethnicity, age, sex, sexual orientation, gender identity, and 7 geographic location of such individuals. 8 “(iv) The processes and models developed by the State to provide qualifying 9 community-based mobile crisis intervention services under the State plan or 10 waiver, including the processes developed to provide referrals for, or coordination 11 with, follow-up care and services. 12 “(v) Lessons learned regarding the provision of such services. 13 “(D) PUBLIC AVAILABILITY.—The State shall make the report required under 14 subparagraph (C) publicly available, including on the website of the appropriate State 15 agency, upon submission of such report to the Secretary. 16 “(6) BEST PRACTICES REPORT.— 17 “(A) IN GENERAL.—Not later than 3 years after the first State begins to provide 18 qualifying community-based mobile crisis intervention services in accordance with this 19 subsection, the Secretary shall submit a report to Congress that— 20 “(i) identifies the States that elected to provide services in accordance with this 21 subsection; 22 “(ii) summarizes the information reported by such States under paragraph 23 (5)(C); and 24 “(iii) identifies best practices for the effective delivery of community-based 25 mobile crisis intervention services. 26 “(B) PUBLIC AVAILABILITY.—The report required under subparagraph (A) shall be 27 made publicly available, including on the website of the Department of Health and 28 Human Services, upon submission to Congress. 29 “(7) STATE PLANNING AND EVALUATION GRANTS.— 30 “(A) IN GENERAL.—As soon as practicable after the date of enactment of this 31 subsection, the Secretary may award planning and evaluation grants to States for 32 purposes of developing a State plan amendment or section 1115 or 1915 waiver 33 request (or an amendment to such a waiver) to provide qualifying community-based 34 mobile crisis intervention services and conducting the evaluation required under 35 paragraph (5)(A). A grant awarded to a State under this paragraph shall remain 36 available until expended. 37 “(B) STATE CONTRIBUTION.—A State awarded a grant under this subsection shall 38 contribute for each fiscal year for which the grant is awarded an amount equal to the 39 State percentage determined under section 1905(b) (without regard to the temporary 40 increase in the Federal medical assistance percentage of the State under section 88 6/10/2021 4:09 PM

1 6008(a) of the Families First Coronavirus Response Act (Public Law 116–127) or any 2 other temporary increase in the Federal medical assistance percentage of the State for 3 fiscal year 2020 or any succeeding fiscal year) of the grant amount. 4 “(8) FUNDING.— 5 “(A) IMPLEMENTATION AND ADMINISTRATION.—There is appropriated to the 6 Secretary, out of any funds in the Treasury not otherwise appropriated, such sums as 7 are necessary for purposes of implementing and administering this section. 8 “(B) PLANNING AND EVALUATION GRANTS.—There is appropriated, out of any funds 9 in the Treasury not otherwise appropriated, $25,000,000 to the Secretary for fiscal year 10 2021 for purposes of making grants under paragraph (7), to remain available until 11 expended.”.

12 PART III—HELP ACT OF 2021

13 SEC. 731. SHORT TITLE. 14 This part may be cited as the “Human-Services Emergency Logistic Program Act of 2021” or 15 the “HELP Act of 2021”.

16 SEC. 732. PURPOSES. 17 The purposes of this part are as follows: 18 (1) To strengthen the existing 211 services and to coordinate 211 and 988 services in 19 States throughout the Nation. 20 (2) To increase the availability, reliability, and responsiveness of 211 and 988 services, 21 and improve information and referral through 211 and 988 services, across the country, 24 22 hours a day, 365 days a year. 23 (3) To reduce the use of 911 services for circumstances not related to law enforcement, 24 fire, or medical emergencies. 25 (4) To more efficiently connect individuals with mental health services and other needed 26 human services. 27 (5) To reduce the arrests, incarcerations, and violent interactions between law 28 enforcement and individuals that sometimes occur from inappropriate 911 emergency 29 referrals.

30 SEC. 733. ALLOTMENTS TO STRENGTHEN 31 NATIONWIDE ACCESSIBILITY AND COORDINATION OF 32 211 AND 988 SERVICES FOR INFORMATION AND 33 REFERRAL FOR HUMAN SERVICES AND MENTAL 34 HEALTH NEEDS. 35 (a) In General.—Out of amounts appropriated under section 734(a) that remain after 36 application of section 734(b), the Secretary of Health and Human Services (referred to in this 89 6/10/2021 4:09 PM

1 part as the “Secretary”), acting through the Human Services National Board, shall make an 2 allotment to each State, in accordance with the formula developed under subsection (b), to carry 3 out a program for the purposes of— 4 (1) ensuring 211 and 988 services are directly accessible to all individuals in each State; 5 (2) ensuring capacity within each State for 988 services through the operational support 6 of State designated crisis centers within the National Suicide Prevention Lifeline Network; 7 (3) strengthening the reliability, accessibility, and responsiveness of methods of 8 communication through 211 and 988 services, in order to provide information and referrals 9 with respect to human services provided through the respective 211 or 988 services, 10 including mental health emergency resources and suicide prevention resources provided 11 through 988 services, homelessness resources, domestic violence resources, resources to 12 identify and address child, adult, and elder abuse and exploitation, caregiver and child care 13 resources, and other human service needs provided through 211 services; and 14 (4) reducing law enforcement interactions with people with disabilities and individuals 15 experiencing human-services or mental health needs, and increasing the capacity to divert 16 calls from 911 or police departments to mental health and human services responders, as 17 appropriate. 18 (b) Allotments to States.— 19 (1) IN GENERAL.—For purposes of making allotments under this section, the Secretary 20 shall develop a formula for determining the allotment amounts for each State. Such formula 21 shall be based on population, population density, poverty rate, and other evidence-based 22 predictive data related to the needs of the State for, and access to, mental health and other 23 human services. Allotments made under this section, and the services provided through such 24 allotments, shall not supplant funding otherwise made available to the State for such 25 purposes, or services otherwise provided by the State for such purposes. 26 (2) NON-FEDERAL CONTRIBUTIONS.—A State may not be eligible for an allotment under 27 this section unless the State ensures that at least 25 percent of the resources of the program 28 funded by the State allotment will be derived from non-Federal sources, which may include 29 in-kind contributions of goods or services. 30 (3) REQUIREMENT REGARDING STATE ALLOTMENT AMOUNTS.—Of the amounts allotted to 31 a State under this section, not more than 15 percent shall be allocated for evaluation, 32 training, and technical assistance, and for management and administration of subgrants 33 awarded under this section. 34 (4) ADMINISTRATIVE COSTS.—From the allotment made to a State under this subsection, 35 the State Human Services Collaborative may retain the greater of \1/2\ of 1 percent of such 36 allotment or $50,000, for administrative costs. 37 (c) Human Services National Board.— 38 (1) IN GENERAL.—The Secretary shall establish a Human Services National Board for 39 purposes of— 40 (A) managing and allocating funds under this section, including making allotments 41 to States;

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1 (B) reviewing State plans for implementing and maintaining 211 systems and 2 coordinating the 211 and 988 systems; 3 (C) evaluating State 211 and 988 systems, including with respect to capacity for 4 answering and responding to calls; and 5 (D) evaluating the coordination and collaboration among 211, 988, and 911 services 6 and other emergency and call center systems. 7 (2) MEMBERSHIP.— 8 (A) IN GENERAL.—The Human Services National Board shall be comprised of not 9 fewer than 19 members selected by the Secretary in accordance with subparagraph (B), 10 of which 11 shall be permanent members, and 8 shall serve 3-year, rotating terms. 11 (B) MEMBERS.— 12 (i) PERMANENT MEMBERS.—The 11 permanent members shall be comprised of 13 one representative from each of— 14 (I) the Alliance of Information and Referral Systems; 15 (II) United Way Worldwide; 16 (III) the National Council on Independent Living; 17 (IV) the National Association of Area Agencies on Aging; 18 (V) the Bazelon Center for Mental Health Law; 19 (VI) the Leadership Conference on Civil and Human Rights; 20 (VII) the National Alliance to End Homelessness; 21 (VIII) the Fraternal Order of Police; 22 (IX) the National Suicide Prevention Lifeline; 23 (X) the National Domestic Violence Hotline; and 24 (XI) the National Emergency Number Association. 25 (ii) ROTATING MEMBERS.—The 8 rotating members shall be selected by the 26 Secretary, with input from stakeholders and advocates, and shall include— 27 (I) 1 representative of a faith-based organization dedicated to providing 28 human services; 29 (II) 1 representative of an organization dedicated to ensuring racial and 30 ethnic equity; 31 (III) 1 representative of a disability organization operated by a majority of 32 people with disabilities; 33 (IV) 1 representative of an organization representing older adults; 34 (V) 1 representative of an organization representing Tribal and Native 35 peoples; 36 (VI) 1 representative of an organization representing LGBTQ+ 91 6/10/2021 4:09 PM

1 populations; 2 (VII) 1 representative of a secular organization dedicated to providing 3 human services; and 4 (VIII) 1 representative of a law enforcement labor or representative 5 organization. 6 (iii) ADDITIONAL ROTATING MEMBERS.—In addition to the members appointed 7 under clauses (i) and (ii), the Secretary may appoint to the Human Services 8 National Board up to 4 additional rotating members to represent specific 9 populations or issues. Each such member shall serve a 3-year term. 10 (iv) EX OFFICIO MEMBERS.—Ex officio members of the Human Services 11 National Board shall include 1 representative from each of— 12 (I) the Department of Health and Human Services; 13 (II) the Department of Education; 14 (III) the Department of Homeland Security; 15 (IV) the Department of Housing and Urban Development; 16 (V) the Department of Commerce; and 17 (VI) the Department of Labor. 18 (3) FISCAL AGENT.—The Office of the Secretary of Health and Human Services shall be 19 the fiscal agent of the Human Services National Board. 20 (4) CHAIR AND VICE CHAIR.— 21 (A) CHAIR SELECTION.—The Chair of the Human Services National Board shall be 22 selected by the Human Services National Board members, from among the permanent 23 members described in paragraph (2)(B)(i), and shall serve a 5-year term. 24 (B) VICE CHAIR SELECTION.—The Vice Chair shall be selected by the Human 25 Services National Board members, from among the rotating members described in 26 paragraph (2)(B)(ii), and shall serve a 3-year term. 27 (d) State Oversight Entities.— 28 (1) HUMAN SERVICES COLLABORATIVES.— 29 (A) IN GENERAL.—A State seeking an allotment under this section, not later than 3 30 months after receiving an allotment, shall appoint a lead entity (referred to in this 31 section as a “Human Services Collaborative”) for purposes of meeting the 32 requirements of this subsection. 33 (B) HUMAN SERVICES COLLABORATIVE.—A State lead entity shall be treated as the 34 State Human Services Collaborative under this subsection if the entity— 35 (i)(I) is a State entity or an independently incorporated nonprofit organization 36 serving as the lead implementing agency coordinating and managing State and 37 regional projects and operations for 211 in the State— 38 (aa) under State law; or 92 6/10/2021 4:09 PM

1 (bb) by order of the State public utility commission; 2 (II) collaborates, to the extent practicable, with the entities listed in clause (ii); 3 and 4 (III) collaborates with the Administrator of the National Suicide Prevention 5 Lifeline to coordinate 988 operations with 211 operations in the State; or 6 (ii) is a collaborative entity established by the State for such purpose from 7 among representatives of— 8 (I) an informal, existing 211 statewide collaborative in the State; 9 (II) crisis centers within the National Suicide Prevention Lifeline Network 10 operating in the State; 11 (III) State agencies; 12 (IV) community-based organizations, including— 13 (aa) organizations representing older adults; 14 (bb) organizations representing people with disabilities; 15 (cc) where appropriate, organizations representing Native peoples 16 and Tribal nations; 17 (dd) organizations representing people with mental health disabilities; 18 and 19 (ee) organizations led by Black people, indigenous people, or people 20 of color working to end racism; 21 (V) faith-based organizations dedicated to providing human services; 22 (VI) nonprofit organizations providing human services; 23 (VII) comprehensive and specialized information and referral providers, 24 including area agencies on aging, aging and disability resource centers, and 25 211 and 988 call centers; 26 (VIII) State and regional foundations; 27 (IX) businesses headquartered in, or with significant presence in, the State; 28 and 29 (X) law enforcement labor or representative organizations representing 30 rank and file officers. 31 (2) HUMAN SERVICES STATE OVERSIGHT COUNCIL.— 32 (A) IN GENERAL.—Each State receiving an allotment under this section shall 33 establish a Human Services State Oversight Council (referred to in this section as a 34 “Council”) to provide guidance and oversight of the 211 and 988 systems to the State 35 Human Services Collaborative. 36 (B) MEMBERS.— 37 (i) IN GENERAL.—Each Council shall be comprised of not more than 25 93 6/10/2021 4:09 PM

1 stakeholders and service providers appointed by the governor of the State for 2 staggered 3-year terms, including— 3 (I) at least 3 representatives of human service providers; 4 (II) at least 2 adults over the age of 60; 5 (III) at least 3 people with disabilities; 6 (IV) at least 3 additional people with mental health disabilities; 7 (V) at least 1 individual with a child under 18 years of age; 8 (VI) at least 1 individual caring for an older adult; 9 (VII) at least 1 individual providing support for a relative with a disability; 10 (VIII) at least 3 individuals who are members of a family that receives 11 means tested Federal benefits, such as temporary assistance for needy 12 families under part A of title IV of the Social Security Act (42 U.S.C. 601 et 13 seq.), the supplemental nutrition assistance program established under the 14 Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), or the supplemental 15 security income program established under title XVI of the Social Security 16 Act (42 U.S.C. 1381 et seq.); 17 (IX) at least 1 business representative; and 18 (X) at least 1 representative of a law enforcement labor or representative 19 organization. 20 (ii) CONFLICTS OF INTEREST.—No Council member may be an employee of an 21 entity that receives a subgrant from the State Human Services Collaborative. 22 (iii) CHAIR AND VICE CHAIR.—With respect to each Council, the Council shall 23 select from among its members a Chair, who shall be a recipient of human 24 services, and a Vice Chair, who shall be a provider of human services or a 25 business representative. 26 (C) DUTIES.—Each Council shall be responsible for— 27 (i) reviewing the annual State application to the Human Services National 28 Board; 29 (ii) reviewing the annual Human Services Collaborative budget; 30 (iii) identifying topics for, and ensuring an evaluation of, the State 211 and 988 31 services, consistent with subsection (h)(2); 32 (iv) monitoring the State 211 and 988 services to ensure that such services are 33 racially equitable; and 34 (v) making recommendations to increase the awareness and effectiveness of 35 211 and 988 services in all parts and communities of the State. 36 (e) Application.—The Human Services Collaborative of a State, on behalf of each State 37 seeking an allocation under this section, acting under the direction of the State governor, shall 38 submit an annual application to the Human Services National Board for such an allocation, at

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1 such time, in such manner, and containing such information as the Secretary may require, 2 including the following: 3 (1) A description of how the Human Services Collaborative will— 4 (A) ensure that every resident of the State with phone or internet service can connect 5 to the 211 and 988 services at no charge; 6 (B) make available, throughout the State, 211 and 988 service information and 7 referral with respect to human services, including information about the manner in 8 which the Human Services Collaborative will develop, sustain, and evaluate the State’s 9 211 and 988 services and ensure sufficient State capacity for answering and responding 10 to calls to 988; 11 (C) coordinate with 911 systems and law enforcement agencies to divert calls to 12 mental health and human services responders who can assist individuals and link 13 individuals with voluntary, community-based services, as appropriate; 14 (D) use annual 211 and 988 operational data to inform the Collaborative’s approach 15 to assessing the program and establishing oversight metrics. 16 (2) Information on the sources of funding and other resources for the State 211 and 988 17 services for purposes of meeting the requirements under subsection (b)(2). 18 (3) Information describing how the Human Services Collaborative will provide to all 19 individuals in the State, to the extent practicable, a statewide database available via the 20 internet, that will allow such individuals to search for programs or services that are 21 available from mental health and human services providers in the State. 22 (4) Assurances that all activities and information provided by the 211 and 988 services 23 and all entities receiving subgrants pursuant to this section will be directly accessible 24 according to the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 25 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), and part 1194 of title 36, Code of 26 Federal Regulations (or any successor regulations). 27 (5) Any additional information the Secretary may require. 28 (f) Subgrants.— 29 (1) AUTHORITY.—For purposes of carrying out a program in a State, the State Human 30 Services Collaborative may make subgrants to such entities as the Collaborative determines 31 appropriate, which may include subgrants to provide funds— 32 (A) for the provision of 211 and 988 services; 33 (B) for the operation and maintenance of 211 and 988 call centers; 34 (C) for the collection and display of information in the statewide database; 35 (D) for increasing public awareness of 211 and 988 services in the State in 36 collaboration with 911 services and other emergency call centers; 37 (E) for coordination of the State’s 211 and 988 services, including the collection, 38 accessibility, and display of information through a national data platform; 39 (F) to conduct statewide and regional planning for 211 and 988 services; 95 6/10/2021 4:09 PM

1 (G) for start-up costs of extending 211 and 988 services to unserved areas, including 2 costs of software and hardware upgrades and telecommunications and internet costs; 3 (H) to ensure that 211 and 988 services are directly accessible, consistent with the 4 Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 508 of the 5 Rehabilitation Act of 1973 (29 U.S.C. 794d), and part 1194 of title 36, Code of Federal 6 Regulations (or any successor regulations); 7 (I) for staffing; 8 (J) for training; 9 (K) for activities related to accreditation; 10 (L) for the evaluation of State 211 and 988 activities and capacity; 11 (M) for internet hosting and site development and maintenance for a statewide 12 database; 13 (N) for cloud-based data and messaging capacity; 14 (O) to encourage coordination and collaboration of 211 and 988 services within the 15 State and ensure coordination and collaboration with local 911 Public Safety 16 Answering Points; 17 (P) to integrate or share resources and service-level data with national platforms 18 hosted by the Human Services National Board; 19 (Q) to prepare and submit State and national reporting requirements and other 20 activities approved by the Human Services State Oversight Council; 21 (R) to provide stipends and travel reimbursement for individuals with disabilities 22 and their family members for costs associated with serving on the Human Services 23 State Oversight Council; or 24 (S) to carry out other activities approved by the Human Services National Board on 25 behalf of the Secretary. 26 (2) CONSIDERATIONS.—In awarding a subgrant under this subsection, a lead entity shall 27 consider— 28 (A) the ability of the entity seeking the subgrant to carry out activities or provide 29 services consistent with this part; 30 (B) the extent to which the award of the subgrant will facilitate equitable geographic 31 distribution of subgrants under this section to ensure that rural communities have 32 access to 211 and 988 services; and 33 (C) the extent to which the recipient of the subgrant will establish and maintain 34 cooperative relationships with specialized information and referral centers, including 35 Child Care Resource and Referral Agencies, crisis centers, referral agencies for aging 36 or disability services, 911 call centers, 311 call centers, and other call centers, as 37 applicable. 38 (3) PREFERENCE.—In awarding a subgrant under this subsection, a lead entity shall give 39 preference to organizations that work with people with disabilities who are Black, 96 6/10/2021 4:09 PM

1 Indigenous, or other people of color. 2 (g) Use of State Allotment and Subgrant Amounts.— 3 (1) IN GENERAL.—Amounts awarded as State allotments or subgrants under this section 4 shall be used solely for either or both of the following purposes: 5 (A) To make available 211 and 988 services to all individuals in a State via voice, 6 short message service or other messaging, internet, or other telecommunication 7 methods. 8 (B) For community information and referral with respect to human services, among 9 individuals, families, and agencies seeking such services and the providers of such 10 services. 11 (2) REQUIREMENTS.—In making 211 and 988 services available, the recipient of a State 12 allotment or subgrant shall, to the maximum extent practicable— 13 (A) abide by the Key Standards for 211 Centers as specified in the Standards and 14 Quality Indicators for Professional Information and Referral published by the Alliance 15 of Information and Referral Systems fir 211 services; 16 (B) abide by the clinical standards and guidelines specified by the Administrator of 17 the National Suicide Prevention Lifeline for 988 crisis centers that are part of the 18 National Suicide Prevention Lifeline Network; and 19 (C) collaborate with public and private human services organizations and existing 20 national, regional, and local information and referral systems to provide an exhaustive 21 and comprehensive database of services from which to provide information or referrals 22 to individuals using the 211 and 988 services. 23 (3) USE OF SUBGRANT FUNDS.—Amounts awarded through a subgrant under subsection 24 (f) may be used by the subgrant recipient for the purposes described in subsection (f)(1). 25 (h) Reports and Evaluations.— 26 (1) ANNUAL REPORTS.—The State Human Services Collaborative of each State receiving 27 an allotment under this section shall submit to the Human Services National Board, not later 28 than 60 days after the end of each fiscal year in which such allotment is made, a report on 29 the program funded by the State allotment. Each report shall— 30 (A) describe the activities or services funded by the State allotment; 31 (B) assess the effectiveness of such activities and services in making available, to all 32 residents of the State, 211 and 988 services for emergency mental health services and 33 information and referrals with respect to human services in accordance with the 34 provisions of this section; 35 (C) assess the effectiveness of collaboration with human services resource and 36 referral entities and service providers; 37 (D) include the percentage of calls to 911 or to police that were diverted to mental 38 health and other human services responders; and 39 (E) describe the services to which individuals were linked through the 211 and 988 40 services and any efforts to track outcomes. 97 6/10/2021 4:09 PM

1 (2) EVALUATION.—Each State Human Services Collaborative shall award a contract to an 2 independent entity to conduct an evaluation of the State 211 and 988 systems biennially. 3 The evaluation shall address— 4 (A) any barriers to access to the State 211 and 988 services for residents and 5 visitors; 6 (B) the effectiveness of the State 211 and 988 services at connecting residents to 7 needed human services; 8 (C) the effectiveness of collaborations among 211 and 988 partners; 9 (D) the effects of the State 211 and 988 services on 911 law enforcement, fire, and 10 medical emergency services; 11 (E) the comprehensiveness of the information in the State 211 and 988 database; 12 (F) public awareness of the State 211 and 988 services; 13 (G) user satisfaction with the State 211 and 988 services; and 14 (H) other topics identified by the Human Services State Oversight Councils. 15 (i) Definitions.—In this section: 16 (1) 211 SERVICE.—The term “211 service” means providing residents with information 17 and referrals, via voice telephone, text telephone, short message service, text, internet 18 phone, or other telecommunication methods, with respect to health and human services and 19 other provider agencies. 20 (2) 988 SERVICE.—The term “988 service” means the provision of mental health or 21 suicide crisis support and resources through the universal telephone number within the 22 United States designated for the purpose of the national suicide prevention and mental 23 health crisis hotline system operating through the National Suicide Prevention Lifeline. 24 (3) HUMAN SERVICES.—The term “human services” means services that— 25 (A) assist individuals in becoming more self-sufficient, in preventing dependency, 26 and in strengthening family relationships; 27 (B) address social determinants of health; 28 (C) support personal and social development; or 29 (D) help ensure the health and well-being of individuals, families, and communities. 30 (4) INDIAN TRIBE; TRIBAL ORGANIZATION.—The terms “Indian tribe” and “tribal 31 organization” have the meanings given such terms in section 4 of the Indian Self- 32 Determination and Education Assistance Act (25 U.S.C. 5304)). 33 (5) STATE.—The term “State” means the several States, the District of Columbia, the 34 Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, 35 and the Commonwealth of the Northern Mariana Islands, or an Indian tribe or tribal 36 organization.

37 SEC. 734. AUTHORIZATION OF APPROPRIATIONS.

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1 (a) In General.—There are authorized to be appropriated to carry out this part— 2 (1) $550,000,000 for each of fiscal years 2022 and 2023, of which, each such fiscal year, 3 $350,000,000 shall be allocated for 211 services and $200,000,000 shall be allocated for 4 988 services; and 5 (2) $450,000,000 for each of fiscal years 2024 through 2028, of which, each such fiscal 6 year, $300,000,000 shall be allocated for 211 services and $150,000,000 shall be allocated 7 for 988 services. 8 (b) Reservation.—Of the amount appropriated under this section for a fiscal year, the Human 9 Services National Board may reserve \1/2\ of 1 percent for administrative and national 10 coordinating activities. 11 (c) Availability.—Amounts appropriated pursuant to this section shall remain available until 12 expended.

13 Subtitle B—Improving Law Enforcement Interactions With 14 Individuals With a Disability

15 PART I—BEHAVIORAL HEALTH CRISIS RESPONSE 16 IMPROVEMENTS ACT

17 SEC. 751. SHORT TITLE. 18 This part may be cited as the “Behavioral Health Crisis Response Improvements Act”.

19 SEC. 752. BEHAVIORAL HEALTH CRISIS RESPONSE 20 TRAINING AMONG LAW ENFORCEMENT OFFICERS. 21 (a) In General.—Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 22 U.S.C. 10101 et seq.), as amended by section 382 of this Act, is amended by adding at the end 23 the following:

24 “PART QQ—BEHAVIORAL HEALTH CRISIS RESPONSE 25 TRAINING AMONG LAW ENFORCEMENT OFFICERS.

26 “SEC. 3071. BEHAVIORAL HEALTH CRISIS RESPONSE 27 TRAINING AMONG LAW ENFORCEMENT OFFICERS. 28 “(a) Definition.—In this section— 29 “(1) the term ‘Director’ means the Director of the Office of Community Oriented 30 Policing Services; 31 “(2) the term ‘eligible entity’ means a State, local, Tribal, or territorial law enforcement 32 agency; and 33 “(3) the term ‘training provider’ means a person with which, using funds from a grant 34 awarded under this section, an eligible entity contracts for behavioral health crisis response 99 6/10/2021 4:09 PM

1 training for law enforcement officers. 2 “(b) Grants.— 3 “(1) AUTHORITY TO MAKE GRANTS.—The Director may make grants on a competitive 4 basis to eligible entities to assist those eligible entities in acquiring behavioral health crisis 5 response training for law enforcement officers. 6 “(2) APPLICATIONS.—An eligible entity desiring a grant under this section shall submit to 7 the Director an application at such time, in such manner, and containing or accompanied by 8 such information, as the Director may reasonably require. 9 “(3) QUALIFICATION STANDARDS.—The Director shall establish and publish qualification 10 standards for training providers.”. 11 (b) Authorization of Appropriations.—Section 1001(a) of title I of the Omnibus Crime Control 12 and Safe Streets Act of 1968 (34 U.S.C. 10261(a)) is amended by adding at the end the 13 following: 14 “(29) There are authorized to be appropriated to carry out part QQ $20,000,000 for each of 15 fiscal years [2020 through 2022].”.

16 PART II—SAFE INTERACTIONS

17 SEC. 761. SHORT TITLE. 18 This part may be cited as the “Safe Interactions Act of 2021”.

19 SEC. 762. FINDINGS. 20 Congress finds the following: 21 (1) Individuals with disabilities are 2.5 times more likely to be victims of violent crime. 22 (2) Individuals with disabilities are 3 times more likely to be victims of a serious crime. 23 (3) Individuals with disabilities make up between one-third and one-half of all individuals 24 killed by law enforcement officers.

25 SEC. 763. PURPOSE. 26 The purposes of this part are to— 27 (1) authorize the Secretary to award competitive grants to nonprofit disability 28 organizations to administer enhanced training programs to law enforcement officers who 29 may encounter or provide services to covered individuals, including— 30 (A) individuals with mental health disabilities, including schizophrenia; 31 (B) individuals who are deaf, deaf-blind, hard of hearing, or blind, are autistic, or 32 have other intellectual or developmental disabilities; 33 (C) older individuals with dementia or other cognitive impairments; or 34 (D) individuals with any other disabilities or chronic health condition; 35 (2) support, not replace, other specialized law enforcement officer training; and 100 6/10/2021 4:09 PM

1 (3)(A) increase the awareness, knowledge, and understanding of law enforcement officers 2 about covered individuals and their unique needs and applicable Federal civil rights laws; 3 (B) reduce incidences of violence between law enforcement officers and covered 4 individuals; 5 (C) expand the knowledge of law enforcement officers, in areas such as the signs of 6 disabilities, identifying people with disabilities, communicating with people with 7 disabilities, and effective ways to approach covered individuals to minimize situations of 8 risk to— 9 (i) those individuals; and 10 (ii) the law enforcement officers who intervene or provide services to those 11 individuals; and 12 (D) increase the knowledge of law enforcement officers of community resources 13 available for covered individuals to ultimately limit interactions with law enforcement 14 officers.

15 SEC. 764. DEFINITIONS. 16 In this part: 17 (1) COVERED GRANT.—The term “covered grant” means a grant awarded under section 18 765(a). 19 (2) COVERED INDIVIDUAL.—The term “covered individual” means— 20 (A) an older individual; or 21 (B) an individual with a disability. 22 (3) ELIGIBLE ENTITY.—The term “eligible entity” means a nonprofit disability 23 organization that has formed a partnership with a law enforcement agency or a consortium 24 of law enforcement agencies to administer enhanced training programs to law enforcement 25 officers of the agency or agencies on how to interact with covered individuals. 26 (4) INDIAN TRIBE.—The term “Indian Tribe” has the meaning given the term in section 4 27 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). 28 (5) INDIVIDUAL WITH A DISABILITY.—The term “individual with a disability” means any 29 individual who has a disability, as defined in section 3 of the Americans with Disabilities 30 Act of 1990 (42 U.S.C. 12102). 31 (6) INITIAL TRAINING PROGRAM.—The term “initial training program” means a mandatory 32 training program offered to new law enforcement officers during their orientation under 33 section 765(d)(1)(A). 34 (7) LAW ENFORCEMENT OFFICER.—The term “law enforcement officer” means any 35 officer, agent, or employee of a State, political subdivision of a State, or Indian Tribe— 36 (A) authorized by law or by a government agency to engage in or supervise the 37 prevention, detection, or investigation of any violation of criminal law; or 38 (B) authorized by law to supervise sentenced criminal offenders.

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1 (8) NONPROFIT DISABILITY ORGANIZATION.—The term “nonprofit disability organization” 2 means a nonprofit organization— 3 (A) that serves covered individuals; and 4 (B)(i) that is operated by a board of which the majority of members are covered 5 individuals; 6 (ii) that has an advisory panel of which the majority of members are covered 7 individuals; or 8 (iii) the majority of the employees of which are covered individuals. 9 (9) OLDER INDIVIDUAL.—The term “older individual” has the meaning given the term in 10 section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002). 11 (10) PARTNER ACADEMY.—The term “partner academy”, with respect to an eligible entity 12 that receives a covered grant, means a law enforcement training academy with which the 13 eligible entity partners to administer an initial training program, as described in section 14 765(b)(1). 15 (11) PARTNER AGENCY.—The term “partner agency”, with respect to an eligible entity 16 that receives a covered grant, means the law enforcement agency with which the eligible 17 entity partners, or that is a member of a consortium with which the eligible entity partners, 18 to administer enhanced training programs to law enforcement officers of the agency on how 19 to interact with covered individuals. 20 (12) REFRESHER TRAINING PROGRAM.—The term “refresher training program” means a 21 training program offered to existing law enforcement officers under section 765(d)(1)(B). 22 (13) SECRETARY.—The term “Secretary” means the Secretary of Health and Human 23 Services.

24 SEC. 765. GRANT PROGRAM. 25 (a) In General.—The Secretary shall award competitive grants to nonprofit disability 26 organizations to administer enhanced training programs to law enforcement officers who may 27 encounter or provide services to covered individuals. 28 (b) Application.—An eligible entity seeking a covered grant shall submit to the Secretary an 29 application that— 30 (1)(A) identifies a law enforcement training academy with which the eligible entity will 31 partner to administer an initial training program; and 32 (B) includes a memorandum of understanding entered into between the eligible entity and 33 the law enforcement training academy; 34 (2) describes the training program curriculum, which shall include training on how to 35 interact with, identify, approach, and communicate with covered individuals that is 36 provided, as of the date of submission of the application— 37 (A) by the partner academy to new law enforcement officers; or 38 (B) by any partner agency to existing law enforcement officers;

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1 (3) describes the learning objectives of the training programs that the eligible entity will 2 administer using the grant; 3 (4) describes the activities that will be carried out under the grant; 4 (5) includes a timeline of the activities described in paragraph (4); and 5 (6) demonstrates expertise in training related to covered individuals. 6 (c) Preferences.—In awarding covered grants, the Secretary shall ensure— 7 (1) geographic diversity of grant recipients, including grant recipients that serve rural 8 localities; and 9 (2) that the training funded by the grant is provided to multiple levels of law enforcement 10 agencies, including local, county, State, and Tribal agencies. 11 (d) Use of Funds.— 12 (1) MANDATORY USES.—An eligible entity that receives a covered grant shall use the 13 grant funds to— 14 (A) modify the training provided by the partner academy to new law enforcement 15 officers of each partner agency so that the academy provides not fewer than 8 hours of 16 training on topics such as how to interact with, identify, approach, and communicate 17 with covered individuals and applicable Federal civil rights laws, including not fewer 18 than 4 hours of interactive learning taught by covered individuals; and 19 (B) develop and implement an enhanced training program for existing law 20 enforcement officers of each partner agency on safe, effective, and respectful 21 interactions with covered individuals— 22 (i) that includes— 23 (I) awareness of and education about covered individuals, including— 24 (aa) individuals with mental health disabilities, including 25 schizophrenia; 26 (bb) individuals who are deaf, deaf-blind, hard of hearing, or blind, 27 are autistic, or have other intellectual or developmental disabilities; 28 (cc) older individuals with dementia or other cognitive impairments; 29 and 30 (dd) individuals with any other disabilities or chronic health 31 condition; 32 (II) escalation avoidance and de-escalation techniques to be used when 33 interacting with covered individuals, including procedures a law enforcement 34 officer should follow to ensure the health and safety of a covered individual; 35 and 36 (III) communication strategies to be used when interacting with covered 37 individuals, including individuals who do not use speech to communicate; 38 (ii) that utilizes—

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1 (I) instructors who are covered individuals; or 2 (II) guest instructors or speakers who are covered individuals; and 3 (iii) in which each law enforcement officer participates not less frequently than 4 4 hours every year. 5 (2) OPTIONAL USES.—An eligible entity that receives a covered grant may use the grant 6 funds to— 7 (A) expand an existing training program regarding topics such as interacting with, 8 identifying, approaching, and communicating with covered individuals that was 9 provided to law enforcement officers by a nonprofit disability organization in 10 conjunction with the partner academy or a partner agency before the eligible entity 11 received the grant; 12 (B) reimburse staff members of the eligible entity for mileage and travel time 13 expended to attend an initial training program or refresher training program occurring 14 in person or online; 15 (C) develop a model of training that utilizes volunteer instructors, except that the 16 eligible entity shall pay any instructor, including a guest instructor, who is a covered 17 individual; 18 (D) acquire a computer system or software needed for the training programs; or 19 (E) support the paid participation of individuals with disabilities and their family 20 members as advisors. 21 (e) Supplement, Not Supplant.—An eligible entity that receives a covered grant shall use the 22 grant funds to supplement, and not supplant, any funds that would, in the absence of the grant 23 funds, be made available from a State, political subdivision of a State, or Indian Tribe for the 24 activities described in subsection (d). 25 (f) Advisory Council.— 26 (1) IN GENERAL.—An eligible entity that receives a covered grant shall establish an 27 advisory council composed of 15 members to advise the eligible entity on activities carried 28 out using the grant. 29 (2) MEMBERSHIP.—An advisory council established under paragraph (1) shall— 30 (A) be composed of— 31 (i) 1 representative of the eligible entity who is a covered individual and shall 32 serve as chair of the advisory council; 33 (ii) 1 representative of the State law enforcement training academy or law 34 enforcement agency for the State that the eligible entity serves, who shall serve as 35 vice chair of the advisory council; 36 (iii) 3 representatives of community-based organizations that support 37 individuals with disabilities, not fewer than 2 of whom have a disability; 38 (iv) 2 representatives of community-based organizations that support older 39 adults; 104 6/10/2021 4:09 PM

1 (v) 2 State officials or their designees; 2 (vi) 1 representative of an organization providing victim services; 3 (vii) 1 representative of a State public safety agency; 4 (viii) 3 members of the public with knowledge of individuals with disabilities 5 and older adults with cognitive impairment, including not fewer than 2 self- 6 advocates or family members of a covered individual; and 7 (ix) 1 active local or State law enforcement officer representing a labor or 8 representative organization; and 9 (B) include a majority of representation from racial and ethnic minority 10 communities. 11 (3) DUTIES.—An advisory council established under paragraph (1) shall— 12 (A) advise the eligible entity and provide general oversight of grant activities carried 13 out by the eligible entity, including development of the training curriculum and 14 implementation of the training programs; and 15 (B) provide the advisory council with recommendations for the sustainability and 16 expansion of the training programs, such as the development of a train-the-trainer 17 model. 18 (g) Annual Report.— 19 (1) REPORT TO SECRETARY BY ELIGIBLE ENTITIES.—Not later than 1 year after receiving a 20 covered grant, and each year thereafter for the duration of the grant period, an eligible entity 21 that receives a covered grant shall submit the following information to the Secretary with 22 respect to the preceding year: 23 (A) The number of individuals who benefitted from the training programs provided 24 by the eligible entity using grant funds, including— 25 (i) the number of individuals who were trained through the training programs, 26 including the total number of new law enforcement officers who participated in 27 the initial training program and existing law enforcement officers who 28 participated in the refresher training program; and 29 (ii) the estimated number of individuals who were impacted by the training 30 programs. 31 (B) Demographic data, including age, sex, and race, for the law enforcement officers 32 who received the training. 33 (C) The number of partner agencies that participated in the training programs. 34 (D) Each partner law enforcement agency, including the city and State in which the 35 headquarters and each local office of the agency are located, and the result of that 36 partnership. 37 (E) Any recommendations for improving the grant program carried out under this 38 part. 39 (2) REPORT TO CONGRESS AND THE ATTORNEY GENERAL BY THE SECRETARY.—Not later 105 6/10/2021 4:09 PM

1 than 2 years after the date of enactment of this Act, and each year thereafter, the Secretary 2 shall submit a report on the grant program carried out under this part, with respect to the 3 preceding year, to— 4 (A) the Attorney General; 5 (B) the Committee on the Judiciary of the Senate; 6 (C) the Committee on Appropriations of the Senate; 7 (D) the Special Committee on Aging of the Senate; 8 (E) the Committee on the Judiciary of the House of Representatives; and 9 (F) the Committee on Appropriations of the House of Representatives. 10 (h) Evaluation.— 11 (1) IN GENERAL.—The Secretary shall use not more than 2 percent of the amounts made 12 available under section 766 for administrative purposes and for an evaluation of the grant 13 program carried out under this part. 14 (2) INDEPENDENT EVALUATOR.—The Secretary shall enter into a contract with a third- 15 party entity that is unrelated to any recipient of a covered grant to carry out the evaluation 16 under paragraph (1). 17 (3) CONTENTS.—In carrying out the evaluation under paragraph (1), the third-party entity 18 contracted under paragraph (2) shall report to the Secretary and the Attorney General on— 19 (A) the demographic characteristics of the population served by the training 20 conducted by eligible entities using covered grants; and 21 (B) any change in the occurrence of violence in the communities served by training 22 described in subparagraph (A).

23 SEC. 766. AUTHORIZATION OF APPROPRIATIONS. 24 There is authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 25 2025 to carry out this part.

26 PART III—LAW ENFORCEMENT TRAINING FOR 27 MENTAL HEALTH CRISIS RESPONSE ACT OF 2021

28 SEC. 771. SHORT TITLE. 29 This part may be cited as the “Law Enforcement Training for Mental Health Crisis Response 30 Act of 2021”.

31 SEC. 772. FINDINGS; PURPOSE. 32 (a) Findings.—Congress finds the following: 33 (1) Law enforcement officers routinely respond to emergencies involving individuals 34 suffering from a mental health crisis. 35 (2) Recent statistics have shown that as many as— 106 6/10/2021 4:09 PM

1 (A) 1 in every 10 calls for police response involve a person suffering from a mental 2 illness; 3 (B) 1 in every 4 fatal encounters with police involve a person with a mental health 4 problem; and 5 (C) 1 in 3 people transported to a hospital emergency room for psychiatric reasons 6 are taken by the police. 7 (3) Law enforcement response calls to individuals suffering from substance use disorder 8 have increased during the current opioid epidemic. 9 (4) There is a need to ensure that law enforcement officers have access to proper 10 evidence-based training in responding to mental health crises. 11 (5) Proper training for response to individuals suffering from a mental health crisis can 12 better protect the safety of the general public and law enforcement officers. 13 (6) Law enforcement officers in the United States can better serve their communities if 14 the law enforcement officers receive training to effectively and safely resolve the mental 15 health crises. 16 (b) Purpose.—The purpose of this part is to provide grants to State, local, and Tribal law 17 enforcement agencies to obtain behavioral health crisis response training for law enforcement 18 officers to— 19 (1) better train law enforcement officers to resolve behavioral health crisis situations; 20 (2) reduce the number of law enforcement officers killed or injured while responding to a 21 behavioral health crisis; and 22 (3) reduce the number of individuals killed or injured during a behavioral health crisis in 23 which a law enforcement officer responds.

24 SEC. 773. DEFINITIONS. 25 In this part: 26 (1) APPLICANT.—The term “applicant” means a law enforcement agency that applies for 27 a grant under section 774. 28 (2) ATTORNEY GENERAL.—The term “Attorney General” means the Attorney General, 29 acting through the Assistant Attorney General for the Office of Justice Programs. 30 (3) CHIEF LAW ENFORCEMENT OFFICER.—The term “chief law enforcement officer” has 31 the meaning given the term in section 922(s) of title 18, United States Code. 32 (4) GRANT FUNDS.—The term “grant funds” means funds from a grant awarded under 33 section 774. 34 (5) INDIAN TRIBE.—The term “Indian Tribe” has the meaning given the term “Indian 35 tribe” in section 4 of the Indian Self-Determination and Education Assistance Act (25 36 U.S.C. 5304). 37 (6) LAW ENFORCEMENT AGENCY.—The term “law enforcement agency” means an agency 38 of a State, unit of local government, or Indian Tribe that is authorized by law or by a

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1 government agency to engage in or supervise the prevention, detection, investigation, or 2 prosecution of any violation of criminal law. 3 (7) PROGRAM.—The term “program” means a program or class that— 4 (A) provides instructional training to law enforcement officers for response to a 5 behavioral health crisis, including response to people suspected to be under the 6 influence of a drug or psychoactive substance, and response to circumstances in which 7 a person is suspected to be suicidal or suffering from a mental illness; and 8 (B) includes training on techniques and strategies designed to protect the health and 9 safety of law enforcement officers and the public, including the person or persons a 10 law enforcement officer encounters during a behavioral health crisis response. 11 (8) RECIPIENT.—The term “recipient” means an applicant that receives a grant under 12 section 774. 13 (9) STATE.—The term “State” has the meaning given the term in section 901 of title I of 14 the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251).

15 SEC. 774. GRANTS. 16 (a) Grants Authorized.—The Attorney General shall award grants to applicants for— 17 (1) law enforcement officers to receive training from behavioral health crisis response 18 program; and 19 (2) the cost of transportation and lodging associated with law enforcement officers 20 attending program. 21 (b) Program Standards.—The Attorney General shall establish and publish qualification 22 standards for organizations that provide behavioral health crisis response programs. 23 (c) Applications.— 24 (1) IN GENERAL.—The chief law enforcement officer of an applicant shall submit to the 25 Attorney General an application that— 26 (A) shall include— 27 (i) a statement describing the program the law enforcement officers will 28 complete; 29 (ii) the total number of law enforcement officers in the agency; 30 (iii) the number of law enforcement officers of the agency that have been 31 killed, or seriously injured while responding to a behavioral health crisis during 32 the 5-year-period preceding the date of the application; and 33 (iv) whether the law enforcement officers employed by the agency receive any 34 behavioral health crisis response training, including during basic police officer 35 training; and 36 (B) in addition to the information required under subparagraph (A), may, at the 37 option of the applicant, include information relating to— 38 (i) recent incidents involving law enforcement officers of the agency in which 108 6/10/2021 4:09 PM

1 behavioral health crisis response training could have played a role in protecting 2 the safety of the law enforcement officer or the public, including the persons or 3 persons the law enforcement officers encountered; and 4 (ii) estimated cost of attendance of a program per law enforcement officer. 5 (d) Restrictions.— 6 (1) SUPPLEMENTAL FUNDS.—Grant funds shall be used to supplement, and not supplant, 7 State, local, and tribal funds made available to any applicant for any of the purposes 8 described in subsection (a). 9 (2) ADMINISTRATIVE COSTS.—Not more than 3 percent of any grant made under this 10 section may be used for administrative costs. 11 (e) Reports and Records.— 12 (1) REPORTS.—For each year during which grant funds are used, the recipient shall 13 submit to the Attorney General a report containing— 14 (A) a summary of any activity carried out using grant funds; 15 (B) the number of officers that received training using grant funds; and 16 (C) any other information relevant to the purpose of this part that the Attorney 17 General may determine appropriate. 18 (2) RECORDS.—For the purpose of an audit by the Attorney General of the receipt and 19 use of grant funds, a recipient shall— 20 (A) keep— 21 (i) any record relating to the receipt and use of grant funds; and 22 (ii) any other record as the Attorney General may require; and 23 (B) make the records described in subparagraph (A) available to the Attorney 24 General upon request by the Attorney General.

25 SEC. 775. USE OF APPROPRIATED FUNDS. 26 Of the total amount appropriated to carry out the Edward Byrne Memorial Justice Assistance 27 Grant under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 28 1968 (34 U.S.C. 10151 et seq.) for each of fiscal years 2022, 2023, and 2024, $5,000,000 shall 29 be used to carry out this part for each such fiscal year.

30 TITLE VIII—TRAFFIC ENFORCEMENT

31 SEC. 801. SHORT TITLE. 32 This title may be cited as the “Driving for Opportunity Act of 2021”.

33 SEC. 802. FINDINGS. 34 Congress finds the following: 35 (1) Driving a vehicle is an essential aspect of the daily lives of most people in the United 109 6/10/2021 4:09 PM

1 States. 2 (2) Driving is often required to access jobs and healthcare, take care of family, get 3 groceries, and fulfill other basic responsibilities. 4 (3) In many small cities, towns, and rural areas that do not have public transportation and 5 ridesharing alternatives, driving is often the only realistic means of transportation. 6 (4) Even in cities with public transportation and ridesharing options, individuals 7 vulnerable to infection during the COVID–19 pandemic and those complying with public 8 health guidance regarding social distancing are increasingly reliant on driving as their 9 primary means of transportation for essential travel. 10 (5) In the United States, millions of Americans have had their driver’s licenses suspended 11 for unpaid court fines and fees. 12 (6) A person whose driver’s license is suspended or revoked for unpaid fines and fees 13 will often find it more difficult to earn a living and therefore pay the debt owed to the 14 government. 15 (7) The barrier to employment posed by driver’s license suspensions and revocations for 16 unpaid fines and fees is especially problematic during the COVID–19 pandemic, when the 17 unemployment rate is the highest it has been since the Great Depression. 18 (8) Drunk and dangerous driving are some of the leading causes of death and serious 19 bodily injury in the United States, and promoting safety on the roads is a legitimate, 20 necessary, and core governmental function. Suspending a license for unsafe driving conduct 21 presents different considerations than suspending a license for unpaid fines and fees. 22 Suspending a license for unsafe driving is an appropriate tool to protect public safety. 23 Policymakers also may consider alternatives to suspension of a license for unsafe driving 24 such as ignition interlock device programs. 25 (9) According to the National Highway Traffic Safety Administration, every year on 26 average, over 34,000 people are killed and 2,400,000 more people are injured in motor 27 vehicle crashes. Some of the major causes of these crashes include speeding, impaired 28 driving, and distracted driving. Nearly half of passenger vehicle occupants killed in crashes 29 are unrestrained. The societal harm caused by motor vehicle crashes has been valued at 30 $836,000,000,000 annually. The enactment of, enforcement of, and education regarding 31 traffic laws are key to addressing unsafe behavior and promoting public safety. 32 (10) However, most driver’s license suspensions are not based on the need to protect 33 public safety. 34 (11) In the State of Florida, 1,100,000 residents received a suspension notice for unpaid 35 fines and fees in 2017 alone. 36 (12) Between 2010 and 2017, all but 3 States increased the amount of fines and fees for 37 civil and criminal violations. 38 (13) In the United States, 40 percent of all driver’s license suspensions are issued for 39 conduct that was unrelated to driving. 40 (14) In 2015, the State of Washington calculated that State troopers spent 70,848 hours 41 dealing with license suspensions for non-driving offenses. 110 6/10/2021 4:09 PM

1 (15) The American Association of Motor Vehicle Administrators estimated that arresting 2 a person for driving with a suspended license can take 9 hours of an officer’s time, 3 including waiting for a tow truck, transporting an individual to jail, filling out paperwork, 4 making a court appearance, and other administrative duties and accordingly Washington 5 State Patrol Chief John Batiste called non-driving suspensions a “drain on the system as a 6 whole”. 7 (16) The Colorado Department of Motor Vehicles determined that suspending driver’s 8 licenses for offenses unrelated to driving consumed 8,566 hours per year of staff time in the 9 Department. 10 (17) Many States impose a significant fee for reinstating a suspended driver’s license, 11 such as Alabama, where the fee is $275. 12 (18) Driving on a suspended license is one of the most common criminal charges in 13 jurisdictions across the country. 14 (19) Seventy-five percent of those with suspended licenses report continuing to drive. 15 (20) It is more likely that those people are also driving without insurance due to the costs 16 and restrictions associated with obtaining auto insurance on a suspended license, thereby 17 placing a greater financial burden on other drivers when a driver with a suspended license 18 causes an accident. 19 (21) The American Association of Motor Vehicle Administrators has concluded the 20 following: “Drivers who have been suspended for social non-conformance-related offenses 21 are often trapped within the system. Some cannot afford to pay the original fines, and may 22 lose their ability to legally get to and from work as a result of the suspension. Many make 23 the decision to drive while suspended. The suspension results in increased financial 24 obligations through new requirements such as reinstatement fees, court costs, and other 25 penalties. While there is a clear societal interest in keeping those who are unfit to drive off 26 the roads, broadly restricting licenses for violations unrelated to an individual’s ability to 27 drive safely may do more harm than good. This is especially true in areas of the country that 28 lack alternative means of transportation. For those individuals, a valid driver license can be 29 a means to survive. Local communities, employers, and employees all experience negative 30 consequences as a result of social non-conformity suspensions, including unemployment, 31 lower wages, fewer employment opportunities and hiring choices, and increased insurance 32 costs.”. 33 (22) A report by the Harvard Law School Criminal Justice Policy Program concluded the 34 following: “The suspension of a driver’s or professional license is one of the most pervasive 35 poverty traps for poor people assessed a fine that they cannot afford to pay. The practice is 36 widespread. Nearly 40 percent of license suspensions nationwide stem from unpaid fines, 37 missed child support payments, and drug offenses—not from unsafe or intoxicated driving 38 or failing to obtain automotive insurance. Suspension of a driver’s or professional licenses 39 is hugely counterproductive; it punishes non-payment by taking away a person’s means for 40 making a living. License suspension programs are also expensive for States to run and they 41 distract law enforcement efforts from priorities related to public safety. License suspensions 42 may also be unconstitutional if the license was suspended before the judge determined the 43 defendant had the ability to pay the criminal justice debt.”.

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1 SEC. 803. GRANTS FOR DRIVER’S LICENSES 2 REINSTATEMENT PROGRAMS. 3 Subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 4 U.S.C. 10151 et seq.) is amended— 5 (1) in section 501(a) (34 U.S.C. 10152(a)), as amended by section 365 of this Act, by 6 adding at the end the following: 7 “(4) GRANTS FOR DRIVER’S LICENSE REINSTATEMENT PROGRAMS.— 8 “(A) IN GENERAL.—In addition to grants made under paragraph (1), the Attorney 9 General may make grants to States described in subparagraph (B) to cover costs 10 incurred by the State to reinstate driver’s licenses previously suspended for unpaid 11 fines and fees. 12 “(B) STATES DESCRIBED.—A State described in this subparagraph is a State that— 13 “(i) does not have in effect any State or local law that permits— 14 “(I) the suspension or revocation of, or refusal to renew, a driver’s license 15 of an individual based on the individual’s failure to pay a civil or criminal 16 fine or fee; or 17 “(II) the refusal to renew the registration of a motor vehicle based on the 18 owner’s failure to pay a civil or criminal fine or fee; and 19 “(ii) during the 3-year period ending on the date on which the State applies for 20 or receives a grant under this paragraph, has repealed a State or local law that 21 permitted the suspension or revocation of, or refusal to renew, driver’s licenses or 22 the registration of a motor vehicle based on the failure to pay civil or criminal 23 fines or fees. 24 “(C) CRITERIA.—The Attorney General shall award grants under this section to 25 eligible States that submit a plan to reinstate driver’s licenses previously suspended for 26 unpaid fines and fees— 27 “(i) to maximize the number of individuals with suspended driver’s licenses 28 eligible to have driving privileges reinstated or regained; 29 “(ii) to provide assistance to individuals living in areas where public 30 transportation options are limited; and 31 “(iii) to ease the burden on States where the State or local law described in 32 subparagraph (B) was in effect during the 3-year period ending on the date on 33 which a State applies for a grant under this paragraph in accordance with section 34 502. 35 “(D) AMOUNT.—Each grant awarded under this paragraph shall be not greater than 5 36 percent of the amount allocated to the State in accordance with the formula established 37 under section 505. 38 “(E) REPORT.—Not later than 1 year after the date on which a grant is made to a 39 State under this paragraph, the State shall submit to the Attorney General a report that 112 6/10/2021 4:09 PM

1 describes the program implemented under subparagraph (A), including with respect 2 to— 3 “(i) the population served by the program; 4 “(ii) the number of driver’s licenses reinstated under the program; and 5 “(iii) all costs to the State of the program, including how the grants under this 6 paragraph were spent to defray such costs.”; and 7 (2) in section 508— 8 (A) by striking “There” and inserting “(a) In General.—There”; and 9 (B) by adding at the end the following: 10 “(b) Driver’s License Reinstatement Programs.—There is authorized to be appropriated to 11 carry out section 501(a)(4) $10,000,000 for each of fiscal years 2021 through 2025.”.

12 SEC. 804. GAO STUDY. 13 (a) Study.—The Comptroller General of the United States shall conduct a study of the 14 implementation of the grant program in paragraph (4) of section 501(a) of title I of the Omnibus 15 Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152(a)), as added by section 803(1) of 16 this Act, that— 17 (1) includes what is known about the effect of repealing State laws, in selected States, 18 that had permitted the suspension or revocation of, or refusal to renew, driver’s licenses or 19 the registration of a motor vehicle based on the failure to pay civil or criminal fines or fees, 20 including such factors, to the extent information is available, as— 21 (A) the collection of fines and fees; 22 (B) the usage of law enforcement resources; 23 (C) economic mobility and unemployment; 24 (D) rates of enforcement of traffic safety laws through the tracking of number of 25 summonses and violations issued (including those related to automated enforcement 26 technologies); 27 (E) the use of suspensions for public safety-related reasons (including reckless 28 driving, speeding, and driving under the influence); 29 (F) safety-critical traffic events (including in localities with automated enforcement 30 programs); 31 (G) the rates of license suspensions and proportion of unlicensed drivers; 32 (H) racial and geographic disparities; and 33 (I) administrative costs (including costs associated with the collection of fines and 34 fees and with the reinstatement of driver’s licenses); and 35 (2) includes what is known about— 36 (A) existing alternatives to driver’s license suspension as methods of enforcement 37 and collection of unpaid fines and fees; and 113 6/10/2021 4:09 PM

1 (B) existing alternatives to traditional driver’s license suspension for certain kinds of 2 unsafe driving, including models that allow drivers to continue to drive legally while 3 pursuing driver improvement opportunities. 4 (b) Report.—Not later than 2 years after the date of enactment of this Act, the Comptroller 5 General of the United States shall submit to the Committee on the Judiciary and the Committee 6 on Environment and Public Works of the Senate and the Committee on the Judiciary and the 7 Committee on Transportation and Infrastructure a report on the study required under subsection 8 (a).

9 SEC. 805. GRANT PROGRAM. 10 The Attorney General shall establish a grant program to award grants to States and units of 11 local government to establish unarmed civilian government departments to enforce traffic 12 violations.

13 SEC. 806. RESEARCH GRANT PROGRAM – LOW-LEVEL 14 ENFORCEMENT PRACTICES. 15 (a) In General.—Not later than 1 year after the date of enactment of this Act, the Attorney 16 General shall establish a grant program to award grants to States and units of local government to 17 study and analyze the enforcement of State or local misdemeanors or civil infractions to identify 18 offenses for repeal or enforcement de-prioritization, which shall include an analysis of— 19 (1) the fiscal costs of the enforcement of such offenses; 20 (2) the time spent by law enforcement officers on the enforcement of such offenses; 21 (3) the incidence of use of force associated with the enforcement of such offenses; and 22 (4) the impact on different racial, ethnic, age, and gender groups. 23 (b) Reporting.— 24 (1) IN GENERAL.—Not later than 1 year after the date of the award of a grant under 25 subsection (a) to a State or unit of local government, and annually thereafter until the date 26 that is 1 year after the end of the period of the grant, the State or unit of local government 27 shall submit to the Attorney General a report regarding the study and analysis conducted 28 under the grant. 29 (2) BY ATTORNEY GENERAL.—The Attorney General shall submit to the Subcommittee on 30 Criminal Justice and Counterterrorism of the Committee on the Judiciary of the Senate and 31 the Committee on the Judiciary of the House of Representatives an annual report that— 32 (A) summarizes the findings of reports by grant recipients under paragraph (1); and 33 (B) analyzes the data described in paragraphs (1) through (4) of subsection (a). 34 (3) PUBLIC AVAILABILITY.—The Attorney General shall make all reports submitted under 35 paragraph (1) or (2) publicly available.

36 TITLE IX—FAIRNESS FOR RAPE KIT BACKLOG 37 SURVIVORS 114 6/10/2021 4:09 PM

1 SEC. 901. SHORT TITLE. 2 This title may be cited as the “Fairness for Rape Kit Backlog Survivors Act of 2021”.

3 SEC. 902. CRIME VICTIM COMPENSATION. 4 Section 1403(b) of the Victims of Crime Act of 1984 (34 U.S.C. 20102(b)) is amended— 5 (1) in paragraph (8), by striking “and” at the end; 6 (2) by redesignating paragraph (9) as paragraph (10); and 7 (3) by inserting after paragraph (8) the following: 8 “(9) beginning not later than 3 years after the date of enactment of this paragraph, such 9 program— 10 “(A) provides a waiver for any application filing deadline imposed by the program 11 for a crime victim if— 12 “(i) the crime victim is otherwise eligible for compensation; and 13 “(ii) the delay in filing the application was a result of a delay in the testing of, 14 or a delay in the DNA profile matching from, a sexual assault forensic 15 examination kit or biological material collected as evidence related to a sexual 16 offense; and 17 “(B) does not require the crime victim to undergo an appeals process to have the 18 application of the crime victim considered for a filing deadline waiver under 19 subparagraph (A); and”.

20 TITLE X—CONFIDENTIALITY OPPORTUNITIES FOR 21 PEER SUPPORT COUNSELING

22 SEC. 1001. SHORT TITLE. 23 This title may be cited as the “Confidentiality Opportunities for Peer Support Counseling Act” 24 or the “COPS Counseling Act”.

25 SEC. 1002. CONFIDENTIALITY OF PEER SUPPORT 26 COMMUNICATIONS. 27 (a) Definitions.—In this section: 28 (1) LAW ENFORCEMENT AGENCY.—The term “law enforcement agency” means a Federal 29 agency that employs a law enforcement officer. 30 (2) LAW ENFORCEMENT OFFICER.—The term “law enforcement officer” has the meaning 31 given the term “Federal law enforcement officer” in section 115 of title 18, United States 32 Code. 33 (3) PEER SUPPORT COMMUNICATION.—The term “peer support communication” 34 includes—

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1 (A) an oral or written communication made in the course of a peer support 2 counseling session; 3 (B) a note or report arising out of a peer support counseling session; 4 (C) a record of a peer support counseling session; or 5 (D) with respect to a communication made by a peer support participant in the 6 course of a peer support counseling session, another communication, regarding the first 7 communication, that is made between a peer support specialist and— 8 (i) another peer support specialist; 9 (ii) a staff member of a peer support counseling program; or 10 (iii) a supervisor of the peer support specialist. 11 (4) PEER SUPPORT COUNSELING PROGRAM.—The term “peer support counseling program” 12 means a program provided by a law enforcement agency that provides counseling services 13 from a peer support specialist to a law enforcement officer of the agency. 14 (5) PEER SUPPORT COUNSELING SESSION.—The term “peer support counseling session” 15 means any counseling formally provided through a peer support counseling program 16 between a peer support specialist and 1 or more law enforcement officers. 17 (6) PEER SUPPORT PARTICIPANT.—The term “peer support participant” means a law 18 enforcement officer who receives counseling services from a peer support specialist. 19 (7) PEER SUPPORT SPECIALIST.—The term “peer support specialist” means a law 20 enforcement officer who— 21 (A) has received training in— 22 (i) peer support counseling; and 23 (ii) providing emotional and moral support to law enforcement officers who 24 have been involved in or exposed to an emotionally traumatic experience in the 25 course of employment; and 26 (B) is designated by a law enforcement agency to provide the services described in 27 subparagraph (A). 28 (b) Prohibition.—Except as provided in subsection (c), a peer support specialist or a peer 29 support participant may not disclose the contents of a peer support communication to an 30 individual who was not a party to the peer support communication. 31 (c) Exceptions.—Subsection (b) shall not apply to a peer support communication if— 32 (1) the peer support communication contains— 33 (A) an explicit threat of suicide by an individual in which the individual— 34 (i) shares— 35 (I) an intent to die by suicide; and 36 (II) a plan for a suicide attempt or the means by which the individual plans 37 to carry out a suicide attempt; and

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1 (ii) does not solely share that the individual is experiencing suicidal thoughts; 2 (B) an explicit threat by an individual of imminent and serious physical bodily harm 3 or death to another individual who is clearly identified or identifiable; 4 (C) information— 5 (i) relating to the abuse or neglect of— 6 (I) a child; or 7 (II) an older or vulnerable individual; or 8 (ii) that is required by law to be reported; or 9 (D) an admission of criminal conduct; 10 (2) the disclosure is permitted by each peer support participant who was a party to, as 11 applicable— 12 (A) the peer support communication; 13 (B) the peer support counseling session out of which the peer support 14 communication arose; 15 (C) the peer support counseling session of which the peer support communication is 16 a record; or 17 (D) the communication made in the course of a peer support counseling session that 18 the peer support communication is regarding; or 19 (3) a court of competent jurisdiction issues an order or subpoena requiring the disclosure 20 of the peer support communication. 21 (d) Rule of Construction.—Nothing in subsection (b) shall be construed to prohibit the 22 disclosure of— 23 (1) an observation made by a law enforcement officer of a peer support participant 24 outside of a peer support counseling session; or 25 (2) knowledge of a law enforcement officer about a peer support participant not gained 26 from a peer support communication. 27 (e) Disclosure of Rights.—Before the initial peer support counseling session of a peer support 28 participant, a peer support specialist shall inform the peer support participant in writing of the 29 confidentiality requirement under subsection (b) and the exceptions to the requirement under 30 subsection (c).

31 SEC. 1003. BEST PRACTICES AND SUPPORT. 32 (a) Definitions.—In this section: 33 (1) FIRST RESPONDER.—The term “first responder” has the meaning given the term 34 “public safety officer” in section 1204 of title I of the Omnibus Crime Control and Safe 35 Streets Act of 1968 (34 U.S.C. 10284). 36 (2) FIRST RESPONDER AGENCY.—The term “first responder agency” means a Federal, 37 State, local, or Tribal agency that employs or otherwise engages the services of a first 117 6/10/2021 4:09 PM

1 responder. 2 (3) PEER SUPPORT COUNSELING PROGRAM.—The term “peer support counseling program” 3 means a program provided by a first responder agency that provides counseling services 4 from a peer support specialist to a first responder of the first responder agency. 5 (4) PEER SUPPORT PARTICIPANT.—The term “peer support participant” means a first 6 responder who receives counseling services from a peer support specialist. 7 (5) PEER SUPPORT SPECIALIST.—The term “peer support specialist” means a first 8 responder who— 9 (A) has received training in— 10 (i) peer support counseling; and 11 (ii) providing emotional and moral support to first responders who have been 12 involved in or exposed to an emotionally traumatic experience in the course of the 13 duties of those first responders; and 14 (B) is designated by a first responder agency to provide the services described in 15 subparagraph (A). 16 (b) Report on Best Practices.—Not later than 2 years after the date of enactment of this Act, 17 the Attorney General, in coordination with the Secretary of Health and Human Services, shall 18 develop a report on best practices and professional standards for peer support counseling 19 programs for first responder agencies that includes— 20 (1) advice on— 21 (A) establishing and operating peer support counseling programs; and 22 (B) training and certifying peer support specialists; 23 (2) a code of ethics for peer support specialists; 24 (3) recommendations for continuing education for peer support specialists; 25 (4) advice on disclosing to first responders any confidentiality rights of peer support 26 participants; and 27 (5) information on— 28 (A) the different types of peer support counseling programs in use by first responder 29 agencies; 30 (B) any differences in peer support counseling programs offered across categories of 31 first responders; and 32 (C) the important role senior first responders play in supporting access to mental 33 health resources. 34 (c) Implementation.—The Attorney General shall support and encourage the implementation 35 of peer support counseling programs in first responder agencies by— 36 (1) making the report developed under subsection (b) publicly available on the website of 37 the Department of Justice; and

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1 (2) providing a list of peer support specialist training programs on the website of the 2 Department of Justice.

3 SEC. 1004. INFORMATION ON SUICIDE IN LAW 4 ENFORCEMENT. 5 [To be supplied]

6 SEC. 1005. LAW ENFORCEMENT OFFICER 7 WHISTLEBLOWER PROTECTIONS. 8 [To be supplied]

9 TITLE XI—SOCIAL SECURITY FAIRNESS

10 SEC. 1101. SHORT TITLE. 11 This title may be cited as the “Social Security Fairness Act”.

12 SEC. 1102. REPEAL OF GOVERNMENT PENSION OFFSET 13 PROVISION. 14 (a) In General.—Section 202(k) of the Social Security Act (42 U.S.C. 402(k)) is amended by 15 striking paragraph (5). 16 (b) Conforming Amendments.— 17 (1) Section 202(b)(2) of the Social Security Act (42 U.S.C. 402(b)(2)) is amended by 18 striking “subsections (k)(5) and (q)” and inserting “subsection (q)”. 19 (2) Section 202(c)(2) of such Act (42 U.S.C. 402(c)(2)) is amended by striking 20 “subsections (k)(5) and (q)” and inserting “subsection (q)”. 21 (3) Section 202(e)(2)(A) of such Act (42 U.S.C. 402(e)(2)(A)) is amended by striking 22 “subsection (k)(5), subsection (q),” and inserting “subsection (q)”. 23 (4) Section 202(f)(2)(A) of such Act (42 U.S.C. 402(f)(2)(A)) is amended by striking 24 “subsection (k)(5), subsection (q),” and inserting “subsection (q)”.

25 SEC. 1103. REPEAL OF WINDFALL ELIMINATION 26 PROVISIONS. 27 (a) In General.—Section 215 of the Social Security Act (42 U.S.C. 415) is amended— 28 (1) in subsection (a), by striking paragraph (7); 29 (2) in subsection (d), by striking paragraph (3); and 30 (3) in subsection (f), by striking paragraph (9). 31 (b) Conforming Amendments.—Subsections (e)(2) and (f)(2) of section 202 of such Act (42 32 U.S.C. 402) are each amended by striking “section 215(f)(5), 215(f)(6), or 215(f)(9)(B)” in 33 subparagraphs (C) and (D)(i) and inserting “paragraph (5) or (6) of section 215(f)”. 119 6/10/2021 4:09 PM

1 SEC. 1104. EFFECTIVE DATE. 2 The amendments made by this title shall apply with respect to monthly insurance benefits 3 payable under title II of the Social Security Act for months after December 2021. 4 Notwithstanding section 215(f) of the Social Security Act, the Commissioner of Social Security 5 shall adjust primary insurance amounts to the extent necessary to take into account the 6 amendments made by section 1103.

7 TITLE XII—LAW ENFORCEMENT OFFICERS EQUITY

8 SEC. 1201. SHORT TITLE. 9 This title may be cited as the “Law Enforcement Officers Equity Act”.

10 SEC. 1202. INCLUDING CERTAIN POSITIONS WITHIN 11 THE DEFINITION OF LAW ENFORCEMENT OFFICER 12 FOR PURPOSES OF RETIREMENT. 13 (a) Federal Employees Retirement System.—Section 8401(17) of title 5, United States Code, 14 is amended— 15 (1) in subparagraph (C)— 16 (A) by striking “subparagraph (A) and (B)” and inserting “subparagraphs (A), (B), 17 (E), (F), (G), (H), and (I)”; and 18 (B) by striking “and” at the end; and 19 (2) by adding at the end the following: 20 “(E) an employee not otherwise covered by this paragraph— 21 “(i) the duties of whose position include the investigation or apprehension of 22 individuals suspected or convicted of offenses against the criminal laws of the 23 United States; and 24 “(ii) who is authorized to carry a firearm; 25 “(F) an employee of the Internal Revenue Service, the duties of whose position are 26 primarily the— 27 “(i) collection of delinquent taxes; and 28 “(ii) securing of delinquent returns; 29 “(G) an employee of the United States Postal Inspection Service; 30 “(H) an employee of the Department of Veterans Affairs who is a Department police 31 officer under section 902 of title 38; and 32 “(I) an employee of U.S. Customs and Border Protection— 33 “(i) who is a seized property specialist in the GS–1801 job series; and 34 “(ii) the duties of whose position include activities relating to the efficient and

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1 effective custody, management, and disposition of seized and forfeited property;”. 2 (b) Civil Service Retirement System.—Section 8331(20) of title 5, United States Code, is 3 amended, in the matter preceding subparagraph (A)— 4 (1) by inserting “and an individual described in any of subparagraphs (E) through (I) of 5 section 8401(17)” after “United States”; and 6 (2) by striking “this activity” and inserting “such activity or described in any such 7 subparagraph”. 8 (c) Application.—The amendments made by this section shall apply to any— 9 (1) individual who is appointed as a law enforcement officer— 10 (A) as defined in section 8331(20) or 8401(17) of title 5, United States Code (as 11 amended by this section); and 12 (B) on or after the date of enactment of this Act; and 13 (2) incumbent (as defined in section 1203(a)(4)), consistent with the requirements of 14 section 1203.

15 SEC. 1203. INCUMBENT LAW ENFORCEMENT 16 OFFICERS. 17 (a) Definitions.—In this section— 18 (1) the term “Director” means the Director of the Office of Personnel Management; 19 (2) the term “employee” has the meaning given the term in section 8331(1) or 8401(11) 20 of title 5, United States Code; 21 (3) the term “Fund” means the Civil Service Retirement and Disability Fund; 22 (4) the term “incumbent” means an individual who— 23 (A) before the date of enactment of this Act, was appointed to a position as an 24 employee that— 25 (i) did not satisfy the requirements of section 8331(20) or 8401(17) of title 5, 26 United States Code, as then in effect; and 27 (ii) would have satisfied the requirements described in clause (i) if the 28 amendments made by section 1202 had been in effect; and 29 (B) on the date of enactment of this Act, is serving in a position as an employee that 30 satisfies the requirements of section 8331(20) of title 5, United States Code, by virtue 31 of the amendments made by section 1202; 32 (5) the term “law enforcement officer” has the meaning given the term in section 33 8331(20) or 8401(17) of title 5, United States Code, as amended by section 1202; 34 (6) the term “prior service” means, with respect to an incumbent who makes an election 35 under subsection (b)(2), service performed by the incumbent before the date on which 36 appropriate retirement deductions begin to be made under the election; and

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1 (7) the term “service” means service performed by an individual in a position that— 2 (A) satisfies the requirements of section 8331(20) or 8401(17) of title 5, United 3 States Code, as amended by section 1202; or 4 (B) would have satisfied the requirements of section 8331(20) or 8401(17) of title 5, 5 United States Code, as amended by section 1202, if the amendments made by section 6 1202 had then been in effect. 7 (b) Treatment of Service Performed by Incumbents.— 8 (1) SERVICE ON OR AFTER DATE OF ENACTMENT.—Service performed by an incumbent on 9 or after the date of enactment of this Act shall be treated as service performed as a law 10 enforcement officer. 11 (2) SERVICE BEFORE DATE OF ENACTMENT.—Service performed by an incumbent before 12 the date of enactment of this Act shall, for purposes of subchapter III of chapter 83 and 13 chapter 84 of title 5, United States Code, be treated as service performed as a law 14 enforcement officer only if the incumbent submits a written election to the Director by the 15 earlier of— 16 (A) the date that is 5 years after the date of enactment of this Act; or 17 (B) the day before the date on which the incumbent separates from the service. 18 (c) Individual Contributions for Prior Service.— 19 (1) IN GENERAL.—An incumbent who makes an election under subsection (b)(2) may, 20 with respect to prior service performed by the incumbent, pay a deposit into the Fund equal 21 to the sum of— 22 (A) the difference between— 23 (i) the amount that would have been deducted during the period of prior service 24 under section 8334 or 8422 of title 5, United States Code, from the pay of the 25 incumbent if the amendments made by section 1202 had been in effect during the 26 prior service; and 27 (ii) the amount that was deducted during the period of prior service under 28 section 8334 or 8422 of title 5, United States Code; and 29 (B) interest on the amount described in subparagraph (A)(i), as computed under— 30 (i) paragraphs (2) and (3) of section 8334(e) of title 5, United States Code; and 31 (ii) regulations promulgated by the Director. 32 (2) EFFECT OF NOT CONTRIBUTING.—If an incumbent does not pay the full amount of the 33 deposit described in paragraph (1)— 34 (A) all prior service of the incumbent shall remain fully creditable as a law 35 enforcement officer; and 36 (B) the resulting annuity shall be reduced— 37 (i) in a manner similar to that described in section 8334(d)(2) of title 5, United 38 States Code; and

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1 (ii) to the extent necessary to make up the amount unpaid. 2 (d) Government Contributions for Prior Service.— 3 (1) IN GENERAL.—If an incumbent makes an election under subsection (b)(2), an agency 4 that employed the incumbent during any prior service of the incumbent shall remit to the 5 Director, for deposit in the Fund, an amount equal to the sum of— 6 (A) the difference between— 7 (i) the total amount of Government contributions that would have been paid 8 under section 8334 or 8423 of title 5, United States Code, if the amendments 9 made by section 1202 had been in effect during the prior service; and 10 (ii) the total amount of Government contributions paid under section 8334 or 11 8423 of title 5, United States Code; and 12 (B) interest on the amount described in subparagraph (A)(i), as computed in 13 accordance with— 14 (i) paragraphs (2) and (3) of section 8334(e) of title 5, United States Code; and 15 (ii) regulations promulgated by the Director. 16 (2) CONTRIBUTIONS TO BE MADE RATABLY.—Government contributions under this 17 subsection on behalf of an incumbent shall be made by the agency ratably (not less 18 frequently than annually) over the 10-year period beginning on the date described in 19 subsection (a)(6). 20 (e) Exemption From Mandatory Separation.—Notwithstanding section 8335(b) or 8425(b) of 21 title 5, United States Code, a law enforcement officer shall not be subject to mandatory 22 separation during the 3-year period beginning on the date of enactment of this Act. 23 (f) Regulations.—The Director shall prescribe regulations to carry out this title, including 24 regulations for the application of this section in the case of any individual entitled to a survivor 25 annuity (based on the service of an incumbent who dies before making an election under 26 subsection (b)(2)), to the extent of any rights that would have been available to the decedent if 27 still living. 28 (g) Rule of Construction.—Nothing in this section shall be considered to apply in the case of a 29 reemployed annuitant.

30 TITLE XIII—OTHER POLICING IMPROVEMENTS

31 SEC. 1301. PARTIALLY OR TEMPORARILY DISABLED 32 PUBIC SAFETY OFFICERS’ BENEFIT. 33 Part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281 34 et seq.) is amended— 35 (1) in section 1201 (34 U.S.C. 10281)— 36 (A) in subsection (b)— 37 (i) by inserting “(1)” before “In accordance with regulations”; and

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1 (ii) by adding at the end the following: 2 “(2)(A) In accordance with regulations issued pursuant to this part, in any case in which the 3 Bureau determines that a public safety officer is partially or temporarily disabled as the direct 4 and proximate result of a personal injury sustained in the line of duty, the Bureau shall pay a 5 benefit of $3,000 for each month during which the officer is partially or temporarily disabled, not 6 to exceed a total of 6 months. 7 “(B) The amount of the benefit under subparagraph (A) shall be adjusted in accordance with 8 subsection (h). 9 “(C) A partially or temporarily disabled public safety officer shall file a claim for a benefit 10 payment under this paragraph not later than 1 year after the date of the personal injury that 11 directly and proximately resulted in the disability.”; and 12 (B) in subsection (h)— 13 (i) by striking “benefit payable” and inserting “benefits payable”; and 14 (ii) by inserting “and under paragraph (2) of subsection (b)” after “subsection 15 (a)”; 16 (2) in section 1204 (34 U.S.C. 10284)— 17 (A) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; 18 and 19 (B) by inserting after paragraph (7) the following: 20 “(8) ‘partially or temporarily disabled’ includes having an occupational disease, including 21 a psychological condition such as post-traumatic stress disorder;”; and 22 (3) in section 1212(a)(1)(A) (34 U.S.C. 10302(a)(1)(A)), by inserting “, other than a 23 partially or temporarily disabled public safety officer” after “subpart 1”.

24 SEC. 1302. FUNDING FOR COLLABORATIVE REFORM 25 INITIATIVE FOR TECHNICAL ASSISTANCE. 26 (a) In General.—There is appropriated to the Office of Community Oriented Policing 27 Services, out of any money in the Treasury not otherwise appropriated, $4,000,000 for each of 28 fiscal years 2022 through 2025 for the Collaborative Reform Initiative for Technical Assistance 29 established under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 30 1968 (34 U.S.C. 10381). 31 (b) Focus.—Activities carried out using amounts appropriated under subsection (a) shall focus 32 on providing technical assistance regarding the national standards for accreditation established 33 under section 113 and the national standards for certifications established under section 203. 34 (c) Availability.—Amounts appropriated under subsection (a) shall remain available through 35 September 30 of the fiscal year for which the amounts are appropriated.

36 TITLE XIV—MISCELLANEOUS PROVISIONS

37 SEC. 1401. SEVERABILITY. 124 6/10/2021 4:09 PM

1 If any provision of this Act, or the application of such a provision to any person or 2 circumstance, is held to be unconstitutional, the remainder of this Act and the application of the 3 remaining provisions of this Act to any person or circumstance shall not be affected thereby.

4 SEC. 1402. SAVINGS CLAUSE. 5 Nothing in this Act shall be construed— 6 (1) to limit legal or administrative remedies under section 1979 of the Revised Statutes of 7 the United States (42 U.S.C. 1983), section 210401 of the Violent Crime Control and Law 8 Enforcement Act of 1994 (34 U.S.C. 12601), title I of the Omnibus Crime Control and Safe 9 Streets Act of 1968 (34 U.S.C. 10101 et seq.), or title VI of the Civil Rights Act of 1964 (42 10 U.S.C. 2000d et seq.); 11 (2) to affect any Federal, State, or Tribal law that applies to an Indian Tribe because of 12 the political status of the Tribe; or 13 (3) to waive the sovereign immunity of an Indian Tribe without the consent of the Tribe.

14 [SEC. 1403. PAYGO/EMERGENCY DESIGNATION 15 LANGUAGE. 16 [(a) Determination of Budgetary Effects.—The budgetary effects of this Act, for the purpose 17 of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference 18 to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, submitted 19 for printing in the Congressional Record by the Chairman of the House Budget Committee, 20 provided that such statement has been submitted prior to the vote on passage. Note: this is 21 needed because of the direct appropriations in the bill, if the $ is to be counted for paygo 22 purposes] 23 [(b) Emergency Designation.—] 24 [(1) IN GENERAL.—The amounts provided under this Act, or an amendment made by this 25 Act, are designated as an emergency requirement pursuant to section 4(g) of the Statutory 26 Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).] 27 [(2) DESIGNATION IN SENATE.—In the Senate, this Act, and the amendments made by this 28 Act, is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 29 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. Note: this 30 was in Scott bill, and should be used if you want direct appropriations to be considered 31 emergency appropriations] 32

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