June 25, 2020 CONGRESSIONAL RECORD — HOUSE H2439 [Roll No. 117] Fitzpatrick King (NY) Rutherford b 1329 Fleischmann Kinzinger Scalise YEAS—230 Flores Kustoff (TN) Schweikert AFTER RECESS Adams Golden Omar Fortenberry LaMalfa Scott, Austin Aguilar Gomez Pallone Foxx (NC) Lamborn Shimkus The recess having expired, the House Allred Gonzalez (TX) Panetta Fulcher Latta Simpson was called to order by the Speaker pro Axne Gottheimer Pappas Gaetz Lesko Smith (MO) tempore (Ms. UNDERWOOD) at 1 o’clock Barraga´ n Green, Al (TX) Pascrell Garcia (CA) Long Smith (NE) Gianforte Loudermilk Smith (NJ) and 29 minutes p.m. Bass Grijalva Payne Gibbs Lucas Smucker Beatty Haaland Perlmutter f Gohmert Luetkemeyer Spano Bera Harder (CA) Peters Gonzalez (OH) Marshall Stauber Beyer Hastings Peterson ANTITRUST CRIMINAL PENALTY Gooden Massie Stefanik Bishop (GA) Hayes Phillips ENHANCEMENT AND REFORM Gosar Mast Steil Blumenauer Higgins (NY) Pingree PERMANENT EXTENSION ACT Blunt Rochester Himes Granger McAdams Steube Pocan Graves (GA) McCarthy Stewart Bonamici Horn, Kendra S. Porter Mr. NADLER. Madam Speaker, I ask Boyle, Brendan Horsford Graves (LA) McCaul Stivers Pressley Graves (MO) McClintock Taylor unanimous consent that the Com- F. Houlahan Price (NC) Brindisi Hoyer Green (TN) McHenry Thompson (PA) mittee on the Judiciary be discharged Quigley Brown (MD) Huffman Griffith McKinley Thornberry Raskin from further consideration of the bill Brownley (CA) Jackson Lee Grothman Meuser Tiffany Rice (NY) (H.R. 7036) to amend the Anitrust Bustos Jayapal Guest Miller Timmons Richmond Butterfield Jeffries Guthrie Mitchell Tipton Criminal Penalty Enhancement and Rose (NY) Carbajal Johnson (GA) Hagedorn Moolenaar Turner Reform Act of 2004 to repeal the sunset Ca´ rdenas Johnson (TX) Rouda Harris Mooney (WV) Upton provision, and ask for its immediate Roybal-Allard Hartzler Murphy (NC) Van Drew Carson (IN) Kaptur consideration in the House. Cartwright Keating Ruiz Hern, Kevin Newhouse Wagner Case Kelly (IL) Ruppersberger Herrera Beutler Norman Walberg The Clerk read the title of the bill. Casten (IL) Kennedy Rush Hice (GA) Nunes Walden The SPEAKER pro tempore. Is there Castor (FL) Khanna Ryan Higgins (LA) Olson Walker objection to the request of the gen- Castro (TX) Kildee Sa´ nchez Hill (AR) Palmer Walorski Chu, Judy Kilmer Sarbanes Holding Pence Waltz tleman from New York? Cicilline Kim Scanlon Hollingsworth Perry Watkins There was no objection. Cisneros Kind Schakowsky Hudson Posey Weber (TX) The text of the bill is as follows: Clark (MA) Kirkpatrick Schiff Huizenga Reed Wenstrup Clarke (NY) Krishnamoorthi Schneider Hurd (TX) Reschenthaler Westerman H.R. 7036 Clay Kuster (NH) Schrader Johnson (LA) Rice (SC) Williams Be it enacted by the Senate and House of Rep- Cleaver Lamb Schrier Johnson (OH) Riggleman Wilson (SC) resentatives of the United States of America in Johnson (SD) Roby Wittman Clyburn Langevin Scott (VA) Congress assembled, Cohen Larsen (WA) Scott, David Jordan Rodgers (WA) Womack Connolly Larson (CT) Serrano Joyce (PA) Roe, David P. Woodall SECTION 1. SHORT TITLE. Cooper Lawrence Sewell (AL) Katko Rogers (KY) Wright This Act may be cited as the ‘‘Antitrust Correa Lawson (FL) Shalala Keller Rose, John W. Yoho Criminal Penalty Enhancement and Reform Costa Lee (CA) Sherman Kelly (MS) Rouzer Young Permanent Extension Act’’. Courtney Lee (NV) Kelly (PA) Roy Zeldin Sherrill SEC. 2. FINDINGS; PURPOSE. Cox (CA) Levin (CA) Sires NOT VOTING—20 Craig Levin (MI) Slotkin (a) FINDINGS.—Congress finds the fol- Crist Lewis Smith (WA) Arrington Emmer Mullin lowing: Crow Lieu, Ted Soto Babin Gallagher Palazzo (1) Conspiracies among competitors to fix Cuellar Lipinski Spanberger Barr Heck Rogers (AL) prices, rig bids, and allocate markets are Cunningham Loebsack Speier Bishop (UT) Joyce (OH) Rooney (FL) categorically and irredeemably anticompeti- Davids (KS) Lofgren Stanton Carter (TX) King (IA) Sensenbrenner tive and contravene the competition policy Davis (CA) Lowenthal Stevens Curtis LaHood Webster (FL) of the United States. Davis, Danny K. Lowey Suozzi Duncan Marchant Dean Luja´ n (2) Cooperation incentives are important to Swalwell (CA) DeFazio Luria the efforts of the Antitrust Division of the Takano DeGette Lynch Thompson (CA) b 1311 Department of Justice to prosecute and DeLauro Malinowski Thompson (MS) deter the offenses described in paragraph (1). DelBene Maloney, Titus So the resolution was agreed to. (b) PURPOSE.—The purpose of this Act, and Delgado Carolyn B. the amendments made by this Act, is to Demings Maloney, Sean Tlaib The result of the vote was announced DeSaulnier Matsui Tonko as above recorded. strengthen public and private antitrust en- Deutch McBath Torres (CA) forcement by providing incentives for anti- Dingell McCollum Torres Small A motion to reconsider was laid on trust violators to cooperate fully with gov- Doggett McEachin (NM) the table. ernment prosecutors and private litigants Doyle, Michael McGovern Trahan through the repeal of the sunset provision of F. McNerney Trone MEMBERS RECORDED PURSUANT TO HOUSE Underwood RESOLUTION 965, 116TH CONGRESS the Antitrust Criminal Penalty Enhance- Engel Meeks ment and Reform Act of 2004 (15 U.S.C. 1 Escobar Meng Vargas Axne (Raskin) Kirkpatrick Payne note). Eshoo Mfume Veasey Ca´ rdenas (Gallego) (Wasserman Espaillat Moore Vela (Gomez) Langevin Schultz) SEC. 3. REPEAL OF SUNSET PROVISION. Vela´ zquez Evans Morelle DeSaulnier (Lynch) Pingree (Kuster (a) IN GENERAL.—Section 211 of the Anti- Visclosky Finkenauer Moulton (Matsui) Lawson (FL) (NH)) trust Criminal Penalty Enhancement and Wasserman Fletcher Mucarsel-Powell Deutch (Rice (Evans) Rush Reform Act of 2004 (15 U.S.C. 1 note) is re- Foster Murphy (FL) Schultz (NY)) Lewis (Kildee) (Underwood) Frankel Nadler Waters pealed. Engel (Nadler) Lieu, Ted (Beyer) Sa´ nchez (Roybal- Fudge Napolitano Watson Coleman Frankel (Kuster Lipinski (Cooper) (b) TECHNICAL AND CONFORMING AMEND- Allard) Gabbard Neal Welch (NH)) Lofgren (Boyle, MENTS.—Section 212 of the Antitrust Crimi- Serrano (Meng) Gallego Neguse Wexton Garamendi Brendan F.) nal Penalty Enhancement and Reform Act of Watson Coleman Garamendi Norcross Wild (Boyle, Lowenthal 2004 (15 U.S.C. 1 note) is amended— (Pallone) Garcı´a (IL) O’Halleran Wilson (FL) Brendan F.) (Beyer) (1) by striking paragraph (6); and Garcia (TX) Ocasio-Cortez Yarmuth Johnson (TX) Lowey (Meng) Welch (McGovern) (2) by redesignating paragraph (7) as para- (Jeffries) Moore (Beyer) graph (6). NAYS—180 Khanna (Gomez) Napolitano Wilson (FL) (Hayes) Abraham Brady Cloud Kind (Beyer) (Correa) The bill was ordered to be engrossed Aderholt Brooks (AL) Cole and read a third time, was read the Allen Brooks (IN) Collins (GA) f third time, and passed, and a motion to Amash Buchanan Comer Amodei Buck Conaway reconsider was laid on the table. Armstrong Bucshon Cook RECESS f Bacon Budd Crawford Baird Burchett Crenshaw The SPEAKER pro tempore. Pursu- GEORGE FLOYD JUSTICE IN Balderson Burgess Davidson (OH) POLICING ACT OF 2020 Banks Byrne Davis, Rodney ant to clause 12(a) of rule I, the Chair Bergman Calvert DesJarlais declares the House in recess for a pe- Mr. NADLER. Madam Speaker, pur- Biggs Carter (GA) Diaz-Balart riod of less than 15 minutes. suant to House Resolution 1017, I call Bilirakis Chabot Dunn Bishop (NC) Cheney Estes Accordingly (at 1 o’clock and 14 min- up the bill (H.R. 7120) to hold law en- Bost Cline Ferguson utes p.m.), the House stood in recess. forcement accountable for misconduct

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.007 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE H2440 CONGRESSIONAL RECORD — HOUSE June 25, 2020 in court, improve transparency Sec. 332. Involvement of Attorney General. in section 901 of title I of the Omnibus Crime through data collection, and reform po- Sec. 333. Data collection demonstration project. Control and Safe Streets Act of 1968 (34 U.S.C. lice training and policies, and ask for Sec. 334. Development of best practices. 10251). Sec. 335. Authorization of appropriations. (6) LOCAL LAW ENFORCEMENT OFFICER.—The its immediate consideration. PART IV—DATA COLLECTION term ‘‘local law enforcement officer’’ means any The Clerk read the title of the bill. officer, agent, or employee of a State or unit of The SPEAKER pro tempore. Pursu- Sec. 341. Attorney General to issue regulations. Sec. 342. Publication of data. local government authorized by law or by a gov- ant to House Resolution 1017, the Sec. 343. Limitations on publication of data. ernment agency to engage in or supervise the amendment in the nature of a sub- prevention, detection, or investigation of any PART V—DEPARTMENT OF JUSTICE REGULATIONS violation of criminal law. stitute recommended by the Com- AND REPORTS ON RACIAL PROFILING IN THE (7) STATE.—The term ‘‘State’’ has the meaning mittee on the Judiciary, printed in the UNITED STATES given the term in section 901 of title I of the Om- bill, modified by the amendment print- Sec. 351. Attorney General to issue regulations ed in part D of House Report 116–436, is nibus Crime Control and Safe Streets Act of 1968 and reports. (34 U.S.C. 10251). adopted and the bill, as amended, is Subtitle B—Additional Reforms (8) TRIBAL LAW ENFORCEMENT OFFICER.—The considered read. Sec. 361. Training on racial bias and duty to term ‘‘tribal law enforcement officer’’ means The text of the bill, as amended, is as intervene. any officer, agent, or employee of an Indian follows: Sec. 362. Ban on no-knock warrants in drug tribe, or the Bureau of Indian Affairs, author- H.R. 7120 cases. ized by law or by a government agency to en- Sec. 363. Incentivizing banning of chokeholds gage in or supervise the prevention, detection, Be it enacted by the Senate and House of Rep- and carotid holds. or investigation of any violation of criminal resentatives of the United States of America in Sec. 364. PEACE Act. law. Congress assembled, Sec. 365. Stop Militarizing Law Enforcement (9) UNIT OF LOCAL GOVERNMENT.—The term ‘‘unit of local government’’ has the meaning SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Act. given the term in section 901 of title I of the Om- (a) SHORT TITLE.—This Act may be cited as Sec. 366. Public safety innovation grants. nibus Crime Control and Safe Streets Act of 1968 the ‘‘George Floyd Justice in Policing Act of Subtitle C—Law Enforcement Body Cameras (34 U.S.C. 10251). 2020’’. ART EDERAL OLICE AMERA AND P 1—F P C (10) DEADLY FORCE.—The term ‘‘deadly force’’ (b) TABLE OF CONTENTS.—The table of con- ACCOUNTABILITY ACT means that force which a reasonable person tents for this Act is as follows: Sec. 371. Short title. would consider likely to cause death or serious Sec. 1. Short title; table of contents. Sec. 372. Requirements for Federal law enforce- bodily harm, including— Sec. 2. Definitions. ment officers regarding the use of (A) the discharge of a firearm; TITLE I—POLICE ACCOUNTABILITY body cameras. (B) a maneuver that restricts blood or oxygen Subtitle A—Holding Police Accountable in the Sec. 373. Patrol vehicles with in-car video re- flow to the brain, including chokeholds, stran- Courts cording cameras. gleholds, neck restraints, neckholds, and carotid Sec. 101. Deprivation of rights under color of Sec. 374. Facial recognition technology. artery restraints; and law. Sec. 375. GAO study. (C) multiple discharges of an electronic con- Sec. 102. Qualified immunity reform. Sec. 376. Regulations. trol weapon. Sec. 103. Pattern and practice investigations. Sec. 377. Rule of construction. (11) USE OF FORCE.—The term ‘‘use of force’’ Sec. 104. Independent investigations. PART 2—POLICE CAMERA ACT includes— Subtitle B—Law Enforcement Trust and Sec. 381. Short title. (A) the use of a firearm, electronic control Integrity Act Sec. 382. Law enforcement body-worn camera weapon, explosive device, chemical agent (such requirements. as pepper spray), baton, impact projectile, blunt Sec. 111. Short title. instrument, hand, fist, foot, canine, or vehicle Sec. 112. Definitions. TITLE IV—CLOSING THE LAW against an individual; Sec. 113. Accreditation of law enforcement ENFORCEMENT CONSENT LOOPHOLE (B) the use of a weapon, including a personal agencies. Sec. 401. Short title. body weapon, chemical agent, impact weapon, Sec. 114. Law enforcement grants. Sec. 402. Prohibition on engaging in sexual acts Sec. 115. Attorney General to conduct study. extended range impact weapon, sonic weapon, while acting under color of law. Sec. 116. Authorization of appropriations. sensory weapon, conducted energy device, or Sec. 117. National task force on law enforce- Sec. 403. Enactment of laws penalizing engag- firearm, against an individual; or ment oversight. ing in sexual acts while acting (C) any intentional pointing of a firearm at Sec. 118. Federal data collection on law en- under color of law. an individual. forcement practices. Sec. 404. Reports to Congress. (12) LESS LETHAL FORCE.—The term ‘‘less le- Sec. 405. Definition. thal force’’ means any degree of force that is not TITLE II—POLICING TRANSPARENCY likely to cause death or serious bodily injury. THROUGH DATA TITLE V—MISCELLANEOUS PROVISIONS (13) FACIAL RECOGNITION.—The term ‘‘facial Subtitle A—National Police Misconduct Registry Sec. 501. Severability. Sec. 502. Savings clause. recognition’’ means an automated or semiauto- Sec. 201. Establishment of National Police Mis- mated process that analyzes biometric data of SEC. 2. DEFINITIONS. conduct Registry. an individual from video footage to identify or In this Act: Sec. 202. Certification requirements for hiring of assist in identifying an individual. law enforcement officers. (1) BYRNE GRANT PROGRAM.—The term ‘‘Byrne grant program’’ means any grant program TITLE I—POLICE ACCOUNTABILITY Subtitle B—PRIDE Act under subpart 1 of part E of title I of the Omni- Subtitle A—Holding Police Accountable in the Sec. 221. Short title. bus Crime Control and Safe Streets Act of 1968 Courts Sec. 222. Definitions. (34 U.S.C. 10151 et seq.), without regard to Sec. 223. Use of force reporting. SEC. 101. DEPRIVATION OF RIGHTS UNDER whether the funds are characterized as being COLOR OF LAW. Sec. 224. Use of force data reporting. Sec. 225. Compliance with reporting require- made available under the Edward Byrne Memo- Section 242 of title 18, United States Code, is ments. rial State and Local Law Enforcement Assist- amended— (1) by striking ‘‘willfully’’ and inserting Sec. 226. Federal law enforcement reporting. ance Programs, the Local Government Law En- Sec. 227. Authorization of appropriations. forcement Block Grants Program, the Edward ‘‘knowingly or recklessly’’; Byrne Memorial Justice Assistance Grant Pro- (2) by striking ‘‘, or may be sentenced to TITLE III—IMPROVING POLICE TRAINING gram, or otherwise. death’’; and AND POLICIES (2) COPS GRANT PROGRAM.—The term ‘‘COPS (3) by adding at the end the following: ‘‘For Subtitle A—End Racial and Religious Profiling grant program’’ means the grant program au- purposes of this section, an act shall be consid- Act thorized under section 1701 of title I of the Om- ered to have resulted in death if the act was a Sec. 301. Short title. nibus Crime Control and Safe Streets Act of 1968 substantial factor contributing to the death of Sec. 302. Definitions. (34 U.S.C. 10381). the person.’’. PART I—PROHIBITION OF RACIAL PROFILING (3) FEDERAL LAW ENFORCEMENT AGENCY.—The SEC. 102. QUALIFIED IMMUNITY REFORM. Sec. 311. Prohibition. term ‘‘Federal law enforcement agency’’ means Section 1979 of the Revised Statutes of the Sec. 312. Enforcement. any agency of the United States authorized to United States (42 U.S.C. 1983) is amended by adding at the end the following: ‘‘It shall not be PART II—PROGRAMS TO ELIMINATE RACIAL engage in or supervise the prevention, detection, a defense or immunity in any action brought PROFILING BY FEDERAL LAW ENFORCEMENT investigation, or prosecution of any violation of under this section against a local law enforce- AGENCIES Federal criminal law. (4) FEDERAL LAW ENFORCEMENT OFFICER.— ment officer (as such term is defined in section Sec. 321. Policies to eliminate racial profiling. The term ‘‘Federal law enforcement officer’’ has 2 of the George Floyd Justice in Policing Act of PART III—PROGRAMS TO ELIMINATE RACIAL the meaning given the term in section 115 of title 2020), or in any action under any source of law PROFILING BY STATE AND LOCAL LAW EN- 18, United States Code. against a Federal investigative or law enforce- FORCEMENT AGENCIES (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ ment officer (as such term is defined in section Sec. 331. Policies required for grants. has the meaning given the term ‘‘Indian tribe’’ 2680(h) of title 28, United States Code), that—

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 6333 E:\CR\FM\K25JN7.036 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE June 25, 2020 CONGRESSIONAL RECORD — HOUSE H2441 ‘‘(1) the defendant was acting in good faith, Law Enforcement Act of 1994 (34 U.S.C. 12602) is (vi) Any substantially similar procedure to en- or that the defendant believed, reasonably or amended— sure impartiality in the investigation or prosecu- otherwise, that his or her conduct was lawful at (1) in subsection (a)— tion. the time when the conduct was committed; or (A) by striking ‘‘The Attorney General’’ and (B) INDEPENDENT INVESTIGATION OF LAW EN- ‘‘(2) the rights, privileges, or immunities se- inserting the following: FORCEMENT STATUTE.—The term ‘‘independent cured by the Constitution and laws were not ‘‘(1) FEDERAL COLLECTION OF DATA.—The At- investigation of law enforcement statute’’ means clearly established at the time of their depriva- torney General’’; and a statute requiring an independent investigation tion by the defendant, or that at such time, the (B) by adding at the end the following: in a criminal matter in which— state of the law was otherwise such that the de- ‘‘(2) STATE COLLECTION OF DATA.—The attor- (i) one or more of the possible defendants is a fendant could not reasonably have been ex- ney general of a State may, through appropriate law enforcement officer; pected to know whether his or her conduct was means, acquire data about the use of excessive (ii) one or more of the alleged offenses in- lawful.’’. force by law enforcement officers and such data volves the law enforcement officer’s use of dead- SEC. 103. PATTERN AND PRACTICE INVESTIGA- may be used by the attorney general in con- ly force in the course of carrying out that offi- TIONS. ducting investigations under section 210401. cer’s duty; and (a) SUBPOENA AUTHORITY.—Section 210401 of This data may not contain any information that (iii) the non-Federal law enforcement officer’s the Violent Crime Control and Law Enforcement may reveal the identity of the victim or any law use of deadly force resulted in a death or injury. Act of 1994 (34 U.S.C. 12601) is amended— enforcement officer.’’; and (C) INDEPENDENT PROSECUTOR.—The term (1) in subsection (a), by inserting ‘‘, by pros- (2) by amending subsection (b) to read as fol- ‘‘independent prosecutor’’ means, with respect ecutors,’’ after ‘‘conduct by law enforcement of- lows: to a criminal investigation or prosecution of a ficers’’; ‘‘(b) LIMITATION ON USE OF DATA ACQUIRED law enforcement officer’s use of deadly force, a (2) in subsection (b), by striking ‘‘paragraph BY THE ATTORNEY GENERAL.—Data acquired prosecutor who— (1)’’ and inserting ‘‘subsection (a)’’; and under subsection (a)(1) shall be used only for re- (3) by adding at the end the following: (i) does not oversee or regularly rely on the ‘‘(c) SUBPOENA AUTHORITY.—In carrying out search or statistical purposes and may not con- law enforcement agency by which the law en- the authority in subsection (b), the Attorney tain any information that may reveal the iden- forcement officer under investigation is em- General may require by subpoena the produc- tity of the victim or any law enforcement offi- ployed; and tion of all information, documents, reports, an- cer.’’. (ii) would not be involved in the prosecution swers, records, accounts, papers, and other data (d) ENFORCEMENT OF PATTERN OR PRACTICE in the ordinary course of that prosecutor’s du- in any medium (including electronically stored RELIEF.—Beginning in the first fiscal year that ties. information), as well as any tangible thing and begins after the date that is one year after the (2) GRANT PROGRAM.—The Attorney General documentary evidence, and the attendance and date of enactment of this Act, a State or unit of may award grants to eligible States and Indian testimony of witnesses necessary in the perform- local government that receives funds under the Tribes to assist in implementing an independent ance of the Attorney General under subsection Byrne grant program or the COPS grant pro- investigation of law enforcement statute. (b). Such a subpoena, in the case of contumacy gram during a fiscal year may not make avail- (3) ELIGIBILITY.—To be eligible for a grant or refusal to obey, shall be enforceable by order able any amount of such funds to a local law under this subsection, a State or Indian Tribe of any appropriate district court of the United enforcement agency if that local law enforce- shall have in effect an independent investiga- States. ment agency enters into or renews any contrac- tion of law enforcement statute. ‘‘(d) CIVIL ACTION BY STATE ATTORNEYS GEN- tual arrangement, including a collective bar- (4) AUTHORIZATION OF APPROPRIATIONS.— ERAL.—Whenever it shall appear to the attorney gaining agreement with a labor organization, There are authorized to be appropriated to the general of any State, or such other official as a that— Attorney General $750,000,000 for fiscal years State may designate, that a violation of sub- (1) would prevent the Attorney General from 2021 through 2023 to carry out this subsection. section (a) has occurred within their State, the seeking or enforcing equitable or declaratory re- (b) COPS GRANT PROGRAM USED FOR CIVILIAN State attorney general or official, in the name of lief against a law enforcement agency engaging REVIEW BOARDS.—Part Q of title I of the of the the State, may bring a civil action in the appro- in a pattern or practice of unconstitutional mis- Omnibus Crime Control and Safe Streets Act of priate district court of the United States to ob- conduct; or 1968 (34 U.S.C. 10381 et seq.) is amended— tain appropriate equitable and declaratory relief (2) conflicts with any terms or conditions con- (1) in section 1701(b) (34 U.S.C. 10381(b))— to eliminate the pattern or practice. In carrying tained in a consent decree. (A) by redesignating paragraphs (22) and (23) out the authority in this subsection, the State SEC. 104. INDEPENDENT INVESTIGATIONS. as paragraphs (23) and (24), respectively; attorney general or official shall have the same (a) IN GENERAL.— (B) in paragraph (23), as so redesignated, by subpoena authority as is available to the Attor- (1) DEFINITIONS.—In this subsection: striking ‘‘(21)’’ and inserting ‘‘(22)’’; and ney General under subsection (c). (A) INDEPENDENT INVESTIGATION.—The term (C) by inserting after paragraph (21) the fol- ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this ‘‘independent investigation’’ means a criminal lowing: section may be construed to limit the authority investigation or prosecution of a law enforce- ‘‘(22) to develop best practices for and to cre- of the Attorney General under subsection (b) in ment officer’s use of deadly force, including one ate civilian review boards;’’; and any case in which a State attorney general has or more of the following: (2) in section 1709 (34 U.S.C. 10389), by adding brought a civil action under subsection (d). (i) Using an agency or civilian review board at the end the following: ‘‘(f) REPORTING REQUIREMENTS.—On the date that investigates and independently reviews all ‘‘(8) ‘civilian review board’ means an adminis- that is one year after the enactment of the allegations of use of deadly force made against trative entity that investigates civilian com- George Floyd Justice in Policing Act of 2020, law enforcement officers in the jurisdiction. plaints against law enforcement officers and— and annually thereafter, the Civil Rights Divi- (ii) Assigning of the attorney general of the ‘‘(A) is independent and adequately funded; sion of the Department of Justice shall make State in which the alleged use of deadly force ‘‘(B) has investigatory authority and sub- publicly available on an internet website a re- was committed to conduct the criminal inves- poena power; port on, during the previous year— tigation and prosecution. ‘‘(C) has representative community diversity; ‘‘(1) the number of preliminary investigations (iii) Adopting a procedure under which an ‘‘(D) has policy making authority; of violations of subsection (a) that were com- independent prosecutor is assigned to inves- ‘‘(E) provides advocates for civilian complain- menced; tigate and prosecute the case, including a proce- ants; ‘‘(2) the number of preliminary investigations dure under which an automatic referral is made ‘‘(F) may conduct hearings; and of violations of subsection (a) that were re- to an independent prosecutor appointed and ‘‘(G) conducts statistical studies on prevailing solved; and overseen by the attorney general of the State in complaint trends.’’. ‘‘(3) the status of any pending investigations which the alleged use of deadly force was com- of violations of subsection (a).’’. Subtitle B—Law Enforcement Trust and mitted. (b) GRANT PROGRAM.— Integrity Act (iv) Adopting a procedure under which an (1) GRANTS AUTHORIZED.—The Attorney Gen- SEC. 111. SHORT TITLE. eral may award a grant to a State to assist the independent prosecutor is assigned to inves- tigate and prosecute the case. This subtitle may be cited as the ‘‘Law En- State in conducting pattern and practice inves- forcement Trust and Integrity Act of 2020’’. tigations under section 210401(d) of the Violent (v) Having law enforcement agencies agree to Crime Control and Law Enforcement Act of 1994 and implement memoranda of understanding SEC. 112. DEFINITIONS. (34 U.S.C. 12601). with other law enforcement agencies under In this subtitle: (2) APPLICATION.—A State seeking a grant which the other law enforcement agencies— (1) COMMUNITY-BASED ORGANIZATION.—The under paragraph (1) shall submit an application (I) shall conduct the criminal investigation term ‘‘community-based organization’’ means a in such form, at such time, and containing such into the alleged use of deadly force; and grassroots organization that monitors the issue information as the Attorney General may re- (II) upon conclusion of the criminal investiga- of police misconduct and that has a local or na- quire. tion, shall file a report with the attorney gen- tional presence and membership, such as the (3) FUNDING.—There are authorized to be ap- eral of the State containing a determination re- National Association for the Advancement of propriated $100,000,000 to the Attorney General garding whether— Colored People (NAACP), the American Civil for each of fiscal years 2021 through 2023 to (aa) the use of deadly force was appropriate; Liberties Union (ACLU), UnidosUS, the Na- carry out this subsection. and tional Urban League, the National Congress of (c) DATA ON EXCESSIVE USE OF FORCE.—Sec- (bb) any action should be taken by the attor- American Indians, or the National Asian Pacific tion 210402 of the Violent Crime Control and ney general of the State. American Legal Consortium (NAPALC).

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(2) LAW ENFORCEMENT ACCREDITATION ORGANI- organizations, and professional civilian over- training, hiring and recruitment, and oversight ZATION.—The term ‘‘law enforcement accredita- sight organizations. that are designed to improve management and tion organization’’ means a professional law en- (3) CONTINUING ACCREDITATION PROCESS.—The address misconduct by law enforcement officers. forcement organization involved in the develop- Attorney General shall adopt policies and proce- (d) COMPONENTS OF PILOT PROGRAM.—A pilot ment of standards of accreditation for law en- dures to partner with law enforcement accredi- program developed under subsection (c)(2) shall forcement agencies at the national, State, re- tation organizations, professional law enforce- include implementation of the following: gional, or Tribal level, such as the Commission ment associations, labor organizations, commu- (1) TRAINING.—The implementation of policies, on Accreditation for Law Enforcement Agencies nity-based organizations, and professional civil- practices, and procedures addressing training (CALEA). ian oversight organizations to— and instruction to comply with accreditation (3) LAW ENFORCEMENT AGENCY.—The term (A) continue the development of further ac- standards in the areas of— ‘‘law enforcement agency’’ means a State, local, creditation standards consistent with paragraph (A) the use of deadly force, less lethal force, Indian tribal, or campus public agency engaged (2); and and de-escalation tactics and techniques; in the prevention, detection, investigation, pros- (B) encourage the pursuit of accreditation of (B) investigation of officer misconduct and ecution, or adjudication of violations of criminal Federal, State, local, and Tribal law enforce- practices and procedures for referring to pros- laws. ment agencies by certified law enforcement ac- ecuting authorities allegations of officer use of (4) PROFESSIONAL LAW ENFORCEMENT ASSOCIA- creditation organizations. excessive force or racial profiling; TION.—The term ‘‘professional law enforcement (b) USE OF FUNDS REQUIREMENTS.—Section (C) disproportionate contact by law enforce- association’’ means a law enforcement member- 502(a) of title I of the Omnibus Crime Control ment with minority communities; ship association that works for the needs of and Safe Streets Act of 1968 (34 U.S.C. 10153(a)) (D) tactical and defensive strategy; Federal, State, local, or Indian tribal law en- is amended by adding at the end the following: (E) arrests, searches, and restraint; forcement agencies and with the civilian com- ‘‘(7) An assurance that, for each fiscal year (F) professional verbal communications with munity on matters of common interest, such as covered by an application, the applicant will civilians; the Hispanic American Police Command Officers use not less than 5 percent of the total amount (G) interactions with— Association (HAPCOA), the National Asian Pa- of the grant award for the fiscal year to assist (i) youth; cific Officers Association (NAPOA), the Na- law enforcement agencies of the applicant, in- (ii) individuals with disabilities; tional Black Police Association (NBPA), the Na- cluding campus public safety departments, gain (iii) individuals with limited English pro- tional Latino Peace Officers Association or maintain accreditation from certified law en- ficiency; and (NLPOA), the National Organization of Black forcement accreditation organizations in accord- (iv) multi-cultural communities; Law Enforcement Executives (NOBLE), Women ance with section 113 of the Law Enforcement (H) proper traffic, pedestrian, and other en- in Law Enforcement, the Native American Law Trust and Integrity Act of 2020.’’. forcement stops; and Enforcement Association (NALEA), the Inter- (c) ELIGIBILITY FOR CERTAIN GRANT FUNDS.— (I) community relations and bias awareness. national Association of Chiefs of Police (IACP), The Attorney General shall, as appropriate and (2) RECRUITMENT, HIRING, RETENTION, AND the National Sheriffs’ Association (NSA), the consistent with applicable law, allocate Depart- PROMOTION OF DIVERSE LAW ENFORCEMENT OFFI- Fraternal Order of Police (FOP), or the Na- ment of Justice discretionary grant funding only CERS.—Policies, procedures, and practices for— tional Association of School Resource Officers. to States or units of local government that re- (A) the hiring and recruitment of diverse law (5) PROFESSIONAL CIVILIAN OVERSIGHT ORGANI- quire law enforcement agencies of that State or enforcement officers who are representative of ZATION.—The term ‘‘professional civilian over- unit of local government to gain and maintain the communities they serve; (B) the development of selection, promotion, sight organization’’ means a membership organi- accreditation from certified law enforcement ac- educational, background, and psychological zation formed to address and advance civilian creditation organizations in accordance with standards that comport with title VII of the oversight of law enforcement and whose mem- this section. Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); bers are from Federal, State, regional, local, or SEC. 114. LAW ENFORCEMENT GRANTS. Tribal organizations that review issues or com- and (a) USE OF FUNDS REQUIREMENT.—Section plaints against law enforcement agencies or offi- (C) initiatives to encourage residency in the 502(a) of title I of the Omnibus Crime Control jurisdiction served by the law enforcement agen- cers, such as the National Association for Civil- and Safe Streets Act of 1968 (34 U.S.C. 10153(a)), ian Oversight of Law Enforcement (NACOLE). cy and continuing education. as amended by section 113, is amended by add- (3) OVERSIGHT.—Complaint procedures, in- SEC. 113. ACCREDITATION OF LAW ENFORCE- ing at the end the following: cluding the establishment of civilian review MENT AGENCIES. ‘‘(8) An assurance that, for each fiscal year (a) STANDARDS.— boards or analogous procedures for jurisdictions covered by an application, the applicant will across a range of sizes and agency configura- (1) INITIAL ANALYSIS.—The Attorney General use not less than 5 percent of the total amount shall perform an initial analysis of existing ac- tions, complaint procedures by community-based of the grant award for the fiscal year to study organizations, early warning systems and re- creditation standards and methodology devel- and implement effective management, training, oped by law enforcement accreditation organi- lated intervention programs, video monitoring recruiting, hiring, and oversight standards and technology, data collection and transparency, zations nationwide, including national, State, programs to promote effective community and regional, and Tribal accreditation organiza- and administrative due process requirements in- problem solving strategies for law enforcement herent to complaint procedures for members of tions. Such an analysis shall include a review of agencies in accordance with section 114 of the the recommendations of the Final Report of the the public and law enforcement. Law Enforcement Trust and Integrity Act of (4) YOUTH JUSTICE AND SCHOOL SAFETY.—Uni- President’s Taskforce on 21st Century Policing, 2020.’’. issued by the Department of Justice, in May form standards on youth justice and school (b) GRANT PROGRAM FOR COMMUNITY ORGANI- 2015. safety that include best practices for law en- ZATIONS.—The Attorney General may make (2) DEVELOPMENT OF UNIFORM STANDARDS.— forcement interaction and communication with grants to community-based organizations to After completion of the initial review and anal- children and youth, taking into consideration study and implement— ysis under paragraph (1), the Attorney General adolescent development and any disability, in- (1) effective management, training, recruiting, shall— cluding— hiring, and oversight standards and programs to (A) recommend, in consultation with law en- (A) the right to effective and timely notifica- promote effective community and problem solv- forcement accreditation organizations and com- tion of a parent or legal guardian of any law ing strategies for law enforcement agencies; or munity-based organizations, the adoption of ad- enforcement interaction, regardless of the immi- (2) effective strategies and solutions to public ditional standards that will result in greater gration status of the individuals involved; and safety, including strategies that do not rely on community accountability of law enforcement (B) the creation of positive school climates by Federal and local law enforcement agency re- agencies and an increased focus on policing improving school conditions for learning by— sponses. with a guardian mentality, including standards (i) eliminating school-based arrests and refer- (c) USE OF FUNDS.—Grant amounts described relating to— rals to law enforcement; (i) early warning systems and related inter- in paragraph (8) of section 502(a) of title I of the (ii) using evidence-based preventative meas- vention programs; Omnibus Crime Control and Safe Streets Act of ures and alternatives to school-based arrests (ii) use of force procedures; 1968 (34 U.S.C. 10153(a)), as added by subsection and referrals to law enforcement, such as restor- (iii) civilian review procedures; (a) of this section, and grant amounts awarded ative justice and healing practices; and (iv) traffic and pedestrian stop and search under subsection (b) shall be used to— (iii) using school-wide positive behavioral procedures; (1) study management and operations stand- interventions and supports. (v) data collection and transparency; ards for law enforcement agencies, including (5) VICTIM SERVICES.—Counseling services, in- (vi) administrative due process requirements; standards relating to administrative due proc- cluding psychological counseling, for individ- (vii) video monitoring technology; ess, residency requirements, compensation and uals and communities impacted by law enforce- (viii) youth justice and school safety; and benefits, use of force, racial profiling, early ment misconduct. (ix) recruitment, hiring, and training; and warning and intervention systems, youth jus- (e) TECHNICAL ASSISTANCE.— (B) recommend additional areas for the devel- tice, school safety, civilian review boards or (1) IN GENERAL.—The Attorney General may opment of national standards for the accredita- analogous procedures, or research into the effec- provide technical assistance to States and com- tion of law enforcement agencies in consultation tiveness of existing programs, projects, or other munity-based organizations in furtherance of with existing law enforcement accreditation or- activities designed to address misconduct; and the purposes of this section. ganizations, professional law enforcement asso- (2) develop pilot programs and implement ef- (2) MODELS FOR REDUCTION OF LAW ENFORCE- ciations, labor organizations, community-based fective standards and programs in the areas of MENT MISCONDUCT.—The technical assistance

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 6333 E:\CR\FM\A25JN7.001 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE June 25, 2020 CONGRESSIONAL RECORD — HOUSE H2443 provided by the Attorney General may include misconduct, including pre-interview warnings nity-based organizations to coordinate the proc- the development of models for States and com- and termination policies. ess of the detection and referral of complaints munity-based organizations to reduce law en- (2) INITIAL ANALYSIS.—The Attorney General regarding incidents of alleged law enforcement forcement officer misconduct. Any development shall perform an initial analysis of existing misconduct. of such models shall be in consultation with State laws, rules, and procedures to determine (d) AUTHORIZATION OF APPROPRIATIONS.— community-based organizations. whether, at a threshold level, the effect of the There are authorized to be appropriated (f) USE OF COMPONENTS.—The Attorney Gen- type of law, rule, or procedure that raises mate- $5,000,000 for each fiscal year to carry out this eral may use any component or components of rial investigatory issues that could impair or section. the Department of Justice in carrying out this hinder a prompt and thorough investigation of SEC. 118. FEDERAL DATA COLLECTION ON LAW section. possible misconduct, including criminal conduct. ENFORCEMENT PRACTICES. (g) APPLICATIONS.—An application for a grant (3) DATA COLLECTION.—After completion of (a) AGENCIES TO REPORT.—Each Federal, under subsection (b) shall be submitted in such the initial analysis under paragraph (2), and State, Tribal, and local law enforcement agency form, and contain such information, as the At- considering material investigatory issues, the shall report data of the practices enumerated in torney General may prescribe by rule. Attorney General shall gather additional data subsection (c) of that agency to the Attorney (h) PERFORMANCE EVALUATION.— nationwide on similar laws, rules, and proce- General. (1) MONITORING COMPONENTS.— dures from a representative and statistically sig- (b) BREAKDOWN OF INFORMATION BY RACE, (A) IN GENERAL.—Each program, project, or nificant sample of jurisdictions, to determine ETHNICITY, AND GENDER.—For each practice activity funded under this section shall contain whether such laws, rules, and procedures raise enumerated in subsection (c), the reporting law a monitoring component, which shall be devel- such material investigatory issues. enforcement agency shall provide a breakdown oped pursuant to rules made by the Attorney (b) REPORTING.— of the numbers of incidents of that practice by General. (1) INITIAL ANALYSIS.—Not later than 120 days race, ethnicity, age, and gender of the officers (B) REQUIREMENT.—Each monitoring compo- after the date of the enactment of this Act, the of the agency and of members of the public in- nent required under subparagraph (A) shall in- Attorney General shall— volved in the practice. clude systematic identification and collection of (A) submit to Congress a report containing the (c) PRACTICES TO BE REPORTED ON.—The data about activities, accomplishments, and pro- results of the initial analysis conducted under practices to be reported on are the following: grams throughout the duration of the program, subsection (a)(2); (1) Traffic violation stops. project, or activity and presentation of such (B) make the report submitted under subpara- (2) Pedestrian stops. data in a usable form. graph (A) available to the public; and (3) Frisk and body searches. (2) EVALUATION COMPONENTS.— (C) identify the jurisdictions for which the (4) Instances where law enforcement officers (A) IN GENERAL.—Selected grant recipients study described in subsection (a)(3) is to be con- used deadly force, including— shall be evaluated on the local level or as part ducted. (A) a description of when and where deadly of a national evaluation, pursuant to rules (2) DATA COLLECTED.—Not later than 2 years force was used, and whether it resulted in made by the Attorney General. after the date of the enactment of this Act, the death; (B) REQUIREMENTS.—An evaluation conducted Attorney General shall submit to Congress a re- (B) a description of deadly force directed under subparagraph (A) may include inde- port containing the results of the data collected against an officer and whether it resulted in in- pendent audits of police behavior and other as- under this section and publish the report in the jury or death; and sessments of individual program implementa- Federal Register. (C) the law enforcement agency’s justification tions. For community-based organizations in se- SEC. 116. AUTHORIZATION OF APPROPRIATIONS. for use of deadly force, if the agency determines lected jurisdictions that are able to support out- There are authorized to be appropriated for it was justified. come evaluations, the effectiveness of funded fiscal year 2021, in addition to any other sums (d) RETENTION OF DATA.—Each law enforce- programs, projects, and activities may be re- authorized to be appropriated— ment agency required to report data under this quired. (1) $25,000,000 for additional expenses relating section shall maintain records relating to any (3) PERIODIC REVIEW AND REPORTS.—The At- to the enforcement of section 210401 of the Vio- matter reported for not less than 4 years after torney General may require a grant recipient to lent Crime Control and Law Enforcement Act of those records are created. submit biannually to the Attorney General the 1994 (34 U.S.C. 12601), criminal enforcement (e) PENALTY FOR STATES FAILING TO REPORT results of the monitoring and evaluations re- under sections 241 and 242 of title 18, United AS REQUIRED.— quired under paragraphs (1) and (2) and such States Code, and administrative enforcement by (1) IN GENERAL.—For any fiscal year, a State other data and information as the Attorney the Department of Justice of such sections, in- shall not receive any amount that would other- General determines to be necessary. cluding compliance with consent decrees or wise be allocated to that State under section (i) REVOCATION OR SUSPENSION OF FUNDING.— judgments entered into under such section 505(a) of title I of the Omnibus Crime Control If the Attorney General determines, as a result 210401; and and Safe Streets Act of 1968 (34 U.S.C. 10156(a)), of monitoring under subsection (h) or otherwise, (2) $3,300,000 for additional expenses related or any amount from any other law enforcement that a grant recipient under the Byrne grant to conflict resolution by the Department of Jus- assistance program of the Department of Justice, program or under subsection (b) is not in sub- tice’s Community Relations Service. unless the State has ensured, to the satisfaction stantial compliance with the requirements of of the Attorney General, that the State and this section, the Attorney General may revoke or SEC. 117. NATIONAL TASK FORCE ON LAW EN- each local law enforcement agency of the State FORCEMENT OVERSIGHT. suspend funding of that grant, in whole or in is in substantial compliance with the require- (a) ESTABLISHMENT.—There is established part. ments of this section. within the Department of Justice a task force to (j) CIVILIAN REVIEW BOARD DEFINED.—In this (2) REALLOCATION.—Amounts not allocated by be known as the Task Force on Law Enforce- section, the term ‘‘civilian review board’’ means reason of this subsection shall be reallocated to ment Oversight (hereinafter in this section re- an administrative entity that investigates civil- States not disqualified by failure to comply with ferred to as the ‘‘Task Force’’). ian complaints against law enforcement officers this section. (b) COMPOSITION.—The Task Force shall be and— (f) REGULATIONS.—The Attorney General shall (1) is independent and adequately funded; composed of individuals appointed by the Attor- prescribe regulations to carry out this section. (2) has investigatory authority and subpoena ney General, who shall appoint not less than 1 TITLE II—POLICING TRANSPARENCY power; individual from each of the following: THROUGH DATA (3) has representative community diversity; (1) The Special Litigation Section of the Civil (4) has policy making authority; Rights Division. Subtitle A—National Police Misconduct (5) provides advocates for civilian complain- (2) The Criminal Section of the Civil Rights Registry ants; Division. SEC. 201. ESTABLISHMENT OF NATIONAL POLICE (6) may conduct hearings; and (3) The Federal Coordination and Compliance MISCONDUCT REGISTRY. (7) conducts statistical studies on prevailing Section of the Civil Rights Division. (a) IN GENERAL.—Not later than 180 days complaint trends. (4) The Employment Litigation Section of the after the date of enactment of this Act, the At- (k) AUTHORIZATION OF APPROPRIATIONS.— Civil Rights Division. torney General shall establish a National Police There are authorized to be appropriated to the (5) The Disability Rights Section of the Civil Misconduct Registry to be compiled and main- Attorney General $25,000,000 for fiscal year 2021 Rights Division. tained by the Department of Justice. to carry out the grant program authorized (6) The Office of Justice Programs. (b) CONTENTS OF REGISTRY.—The Registry re- under subsection (b). (7) The Office of Community Oriented Polic- quired to be established under subsection (a) SEC. 115. ATTORNEY GENERAL TO CONDUCT ing Services (COPS). shall contain the following data with respect to STUDY. (8) The Corruption/Civil Rights Section of the all Federal and local law enforcement officers: (a) STUDY.— Federal Bureau of Investigation. (1) Each complaint filed against a law en- (1) IN GENERAL.—The Attorney General shall (9) The Community Relations Service. forcement officer, aggregated by— conduct a nationwide study of the prevalence (10) The Office of Tribal Justice. (A) complaints that were found to be credible and effect of any law, rule, or procedure that (11) The unit within the Department of Justice or that resulted in disciplinary action against allows a law enforcement officer to delay the re- assigned as a liaison for civilian review boards. the law enforcement officer, disaggregated by sponse to questions posed by a local internal af- (c) POWERS AND DUTIES.—The Task Force whether the complaint involved a use of force or fairs officer, or review board on the investigative shall consult with professional law enforcement racial profiling (as such term is defined in sec- integrity and prosecution of law enforcement associations, labor organizations, and commu- tion 302);

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 6333 E:\CR\FM\A25JN7.001 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE H2444 CONGRESSIONAL RECORD — HOUSE June 25, 2020 (B) complaints that are pending review, Subtitle B—PRIDE Act (iv) the type of force used against the officer, disaggregated by whether the complaint in- SEC. 221. SHORT TITLE. the civilian, or both, including the types of volved a use of force or racial profiling; and This subtitle may be cited as the ‘‘Police Re- weapons used; (C) complaints for which the law enforcement porting Information, Data, and Evidence Act of (v) the reason force was used; officer was exonerated or that were determined 2020’’ or the ‘‘PRIDE Act of 2020’’. (vi) a description of any injuries sustained as to be unfounded or not sustained, disaggregated a result of the incident; SEC. 222. DEFINITIONS. by whether the complaint involved a use of force (vii) the number of officers involved in the in- In this subtitle: or racial profiling. cident; (1) LOCAL EDUCATIONAL AGENCY.—The term (2) Discipline records, disaggregated by (viii) the number of civilians involved in the ‘‘local educational agency’’ has the meaning whether the complaint involved a use of force or incident; and given the term in section 8101 of the Elementary racial profiling. (ix) a brief description regarding the cir- and Secondary Education Act of 1965 (20 U.S.C. (3) Termination records, the reason for each cumstances surrounding the incident, which 7801). termination, disaggregated by whether the com- shall include information on— (2) LOCAL LAW ENFORCEMENT OFFICER.—The plaint involved a use of force or racial profiling. (I) the type of force used by all involved per- term ‘‘local law enforcement officer’’ has the (4) Records of certification in accordance with sons; meaning given the term in section 2, and in- section 202. (II) the legitimate police objective necessi- cludes a school resource officer. (5) Records of lawsuits against law enforce- tating the use of force; (3) SCHOOL.—The term ‘‘school’’ means an ele- ment officers and settlements of such lawsuits. (III) the resistance encountered by each local mentary school or secondary school (as those (6) Instances where a law enforcement officer law enforcement officer or tribal law enforce- terms are defined in section 8101 of the Elemen- resigns or retires while under active investiga- ment officer involved in the incident; tary and Secondary Education Act of 1965 (20 tion related to the use of force. (IV) the efforts by local law enforcement offi- U.S.C. 7801)). (c) FEDERAL AGENCY REPORTING REQUIRE- cers or tribal law enforcement officers to— (4) SCHOOL RESOURCE OFFICER.—The term MENTS.—Not later than 1 year after the date of (aa) de-escalate the situation in order to avoid ‘‘school resource officer’’ means a sworn law en- enactment of this Act, and every 6 months the use of force; or forcement officer who is— thereafter, the head of each Federal law en- (bb) minimize the level of force used; and (A) assigned by the employing law enforce- forcement agency shall submit to the Attorney (V) if applicable, the reason why efforts de- ment agency to a local educational agency or General the information described in subsection scribed in subclause (IV) were not attempted. school; (b). (B) INCIDENTS REPORTED UNDER DEATH IN CUS- TATE AND OCAL AW NFORCEMENT (B) contracting with a local educational agen- (d) S L L E TODY REPORTING ACT.—A State or Indian Tribe cy or school; or AGENCY REPORTING REQUIREMENTS.—Beginning is not required to include in a report under sub- in the first fiscal year that begins after the date (C) employed by a local educational agency or school. section (a)(1) an incident reported by the State that is one year after the date of enactment of or Indian Tribe in accordance with section this Act and each fiscal year thereafter in which SEC. 223. USE OF FORCE REPORTING. 20104(a)(2) of the Violent Crime Control and a State receives funds under the Byrne grant (a) REPORTING REQUIREMENTS.— Law Enforcement Act of 1994 (34 U.S.C. (1) IN GENERAL.—Beginning in the first fiscal program, the State shall, once every 180 days, 12104(a)(2)). year that begins after the date that is one year submit to the Attorney General the information (C) RETENTION OF DATA.—Each law enforce- after the date of enactment of this Act and each described in subsection (b) for the State and ment agency required to report data under this fiscal year thereafter in which a State or Indian each local law enforcement agency within the section shall maintain records relating to any Tribe receives funds under a Byrne grant pro- State. matter so reportable for not less than 4 years (e) PUBLIC AVAILABILITY OF REGISTRY.— gram, the State or Indian Tribe shall— after those records are created. (1) IN GENERAL.—In establishing the Registry (A) report to the Attorney General, on a quar- (3) AUDIT OF USE-OF-FORCE REPORTING.—Not required under subsection (a), the Attorney terly basis and pursuant to guidelines estab- later than 1 year after the date of enactment of General shall make the Registry available to the lished by the Attorney General, information re- this Act, and each year thereafter, each State or public on an internet website of the Attorney garding— Indian Tribe described in paragraph (1) shall— General in a manner that allows members of the (i) any incident involving the use of deadly (A) conduct an audit of the use of force inci- public to search for an individual law enforce- force against a civilian by— dent reporting system required to be established ment officer’s records of misconduct, as de- (I) a local law enforcement officer who is em- under paragraph (1)(B); and scribed in subsection (b), involving a use of force ployed by the State or by a unit of local govern- (B) submit a report to the Attorney General on or racial profiling. ment in the State; or the audit conducted under subparagraph (A). (2) PRIVACY PROTECTIONS.—Nothing in this (II) a tribal law enforcement officer who is (4) COMPLIANCE PROCEDURE.—Prior to submit- subsection shall be construed to supersede the employed by the Indian Tribe; ting a report under paragraph (1)(A), the State requirements or limitations under section 552a of (ii) any incident involving the shooting of a or Indian Tribe submitting such report shall title 5, United States Code (commonly known as local law enforcement officer or tribal law en- compare the information compiled to be reported the ‘‘Privacy Act of 1974’’). forcement officer described in clause (i) by a ci- pursuant to clause (i) of paragraph (1)(A) to SEC. 202. CERTIFICATION REQUIREMENTS FOR vilian; HIRING OF LAW ENFORCEMENT OF- (iii) any incident involving the death or arrest publicly available sources, and shall revise such FICERS. of a local law enforcement officer or tribal law report to include any incident determined to be (a) IN GENERAL.— Beginning in the first fiscal enforcement officer; missing from the report based on such compari- year that begins after the date that is one year (iv) any incident during which use of force by son. Failure to comply with the procedures de- after the date of the enactment of this Act, a or against a local law enforcement officer or scribed in the previous sentence shall be consid- State or unit of local government, other than an tribal law enforcement officer described in ered a failure to comply with the requirements Indian Tribe, may not receive funds under the clause (i) occurs, which is not reported under of this section. Byrne grant program for that fiscal year if, on clause (i), (ii), or (iii); (b) INELIGIBILITY FOR FUNDS.— the day before the first day of the fiscal year, (v) deaths in custody; and (1) IN GENERAL.—For any fiscal year in which the State or unit of local government has not— (vi) uses of force in arrests and booking; a State or Indian Tribe fails to comply with this (1) submitted to the Attorney General evidence (B) establish a system and a set of policies to section, the State or Indian Tribe, at the discre- that the State or unit of local government has a ensure that all use of force incidents are re- tion of the Attorney General, shall be subject to certification and decertification program for ported by local law enforcement officers or tribal not more than a 10-percent reduction of the purposes of employment as a law enforcement law enforcement officers; and funds that would otherwise be allocated for that officer in that State or unit of local government (C) submit to the Attorney General a plan for fiscal year to the State or Indian Tribe under a that is consistent with the rules made under the collection of data required to be reported Byrne grant program. subsection (c); and under this section, including any modifications (2) REALLOCATION.—Amounts not allocated (2) submitted to the National Police Mis- to a previously submitted data collection plan. under a Byrne grant program in accordance conduct Registry established under section 201 (2) REPORT INFORMATION REQUIRED.— with paragraph (1) to a State for failure to com- records demonstrating that all law enforcement (A) IN GENERAL.—The report required under ply with this section shall be reallocated under officers of the State or unit of local government paragraph (1)(A) shall contain information that the Byrne grant program to States that have not have completed all State certification require- includes, at a minimum— failed to comply with this section. ments during the 1-year period preceding the (i) the national origin, sex, race, ethnicity, (3) INFORMATION REGARDING SCHOOL RE- fiscal year. age, disability, English language proficiency, SOURCE OFFICERS.—The State or Indian Tribe (b) AVAILABILITY OF INFORMATION.—The At- and housing status of each civilian against shall ensure that all schools and local edu- torney General shall make available to law en- whom a local law enforcement officer or tribal cational agencies within the jurisdiction of the forcement agencies all information in the reg- law enforcement officer used force; State or Indian Tribe provide the State or In- istry under section 201 for purposes of compli- (ii) the date, time, and location, including dian Tribe with the information needed regard- ance with the certification and decertification whether it was on school grounds, and the zip ing school resource officers to comply with this programs described in subsection (a)(1) and con- code, of the incident and whether the jurisdic- section. sidering applications for employment. tion in which the incident occurred allows for (c) PUBLIC AVAILABILITY OF DATA.— (c) RULES.—The Attorney General shall make the open-carry or concealed-carry of a firearm; (1) IN GENERAL.—Not later than 1 year after rules to carry out this section and section 201, (iii) whether the civilian was armed, and, if the date of enactment of this Act, and each year including uniform reporting standards. so, the type of weapon the civilian had; thereafter, the Attorney General shall publish,

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 6333 E:\CR\FM\A25JN7.001 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE June 25, 2020 CONGRESSIONAL RECORD — HOUSE H2445 and make available to the public, a report con- (B) seek public comment before finalizing the investigatory activities’’ means the following ac- taining the data reported to the Attorney Gen- guidelines required under subparagraph (A). tivities by a law enforcement agent: eral under this section. SEC. 226. FEDERAL LAW ENFORCEMENT REPORT- (A) Interviews. (2) PRIVACY PROTECTIONS.—Nothing in this ING. (B) Traffic stops. subsection shall be construed to supersede the The head of each Federal law enforcement (C) Pedestrian stops. requirements or limitations under section 552a of agency shall submit to the Attorney General, on (D) Frisks and other types of body searches. (E) Consensual or nonconsensual searches of title 5, United States Code (commonly known as a quarterly basis and pursuant to guidelines es- the persons, property, or possessions (including the ‘‘Privacy Act of 1974’’). tablished by the Attorney General, the informa- vehicles) of individuals using any form of public (d) GUIDANCE.—Not later than 180 days after tion required to be reported by a State or Indian or private transportation, including motorists the date of enactment of this Act, the Attorney Tribe under section 223. General, in coordination with the Director of and pedestrians. SEC. 227. AUTHORIZATION OF APPROPRIATIONS. (F) Data collection and analysis, assessments, the Federal Bureau of Investigation, shall issue There are authorized to be appropriated to the guidance on best practices relating to estab- and predicated investigations. Attorney General such sums as are necessary to (G) Inspections and interviews of entrants lishing standard data collection systems that carry out this subtitle. capture the information required to be reported into the United States that are more extensive under subsection (a)(2), which shall include TITLE III—IMPROVING POLICE TRAINING than those customarily carried out. (H) Immigration-related workplace investiga- standard and consistent definitions for terms. AND POLICIES Subtitle A—End Racial and Religious tions. SEC. 224. USE OF FORCE DATA REPORTING. (I) Such other types of law enforcement en- Profiling Act (a) TECHNICAL ASSISTANCE GRANTS AUTHOR- counters compiled for or by the Federal Bureau IZED.—The Attorney General may make grants SEC. 301. SHORT TITLE. of Investigation or the Department of Justice to eligible law enforcement agencies to be used This subtitle may be cited as the ‘‘End Racial Bureau of Justice Statistics. for the activities described in subsection (c). and Religious Profiling Act of 2020’’ or (8) REASONABLE REQUEST.—The term ‘‘reason- (b) ELIGIBILITY.—In order to be eligible to re- ‘‘ERRPA’’. able request’’ means all requests for informa- ceive a grant under this section a law enforce- SEC. 302. DEFINITIONS. tion, except for those that— ment agency shall— In this subtitle: (A) are immaterial to the investigation; (1) be a tribal law enforcement agency or be (1) COVERED PROGRAM.—The term ‘‘covered (B) would result in the unnecessary disclosure located in a State that receives funds under a program’’ means any program or activity funded of personal information; or Byrne grant program; in whole or in part with funds made available (C) would place a severe burden on the re- (2) employ not more that 100 local or tribal under— sources of the law enforcement agency given its law enforcement officers; (A) a Byrne grant program; and size. (3) demonstrate that the use of force policy for (B) the COPS grant program, except that no PART I—PROHIBITION OF RACIAL local law enforcement officers or tribal law en- program, project, or other activity specified in PROFILING forcement officers employed by the law enforce- section 1701(b)(13) of part Q of title I of the Om- ment agency is publicly available; and SEC. 311. PROHIBITION. nibus Crime Control and Safe Streets Act of 1968 (4) establish and maintain a complaint system No law enforcement agent or law enforcement (34 U.S.C. 10381 et seq.) shall be a covered pro- that— agency shall engage in racial profiling. (A) may be used by members of the public to gram under this paragraph. SEC. 312. ENFORCEMENT. (2) GOVERNMENTAL BODY.—The term ‘‘govern- report incidents of use of force to the law en- (a) REMEDY.—The United States, or an indi- forcement agency; mental body’’ means any department, agency, vidual injured by racial profiling, may enforce (B) makes all information collected publicly special purpose district, or other instrumentality this part in a civil action for declaratory or in- searchable and available; and of Federal, State, local, or Indian Tribal govern- junctive relief, filed either in a State court of (C) provides information on the status of an ment. general jurisdiction or in a district court of the investigation related to a use of force complaint. (3) HIT RATE.—The term ‘‘hit rate’’ means the United States. (c) ACTIVITIES DESCRIBED.—A grant made percentage of stops and searches in which a law (b) PARTIES.—In any action brought under under this section may be used by a law enforce- enforcement agent finds drugs, a gun, or some- this part, relief may be obtained against— ment agency for— thing else that leads to an arrest. The hit rate (1) any governmental body that employed any (1) the cost of assisting the State or Indian is calculated by dividing the total number of law enforcement agent who engaged in racial Tribe in which the law enforcement agency is searches by the number of searches that yield profiling; located in complying with the reporting require- contraband. The hit rate is complementary to (2) any agent of such body who engaged in ments described in section 223; the rate of false stops. racial profiling; and (2) the cost of establishing necessary systems (4) LAW ENFORCEMENT AGENCY.—The term (3) any person with supervisory authority required to investigate and report incidents as ‘‘law enforcement agency’’ means any Federal, over such agent. required under subsection (b)(4); State, or local public agency engaged in the pre- (c) NATURE OF PROOF.—Proof that the routine (3) public awareness campaigns designed to vention, detection, or investigation of violations or spontaneous investigatory activities of law gain information from the public on use of force of criminal, immigration, or customs laws. enforcement agents in a jurisdiction have had a by or against local and tribal law enforcement (5) LAW ENFORCEMENT AGENT.—The term ‘‘law disparate impact on individuals with a par- officers, including shootings, which may include enforcement agent’’ means any Federal, State, ticular characteristic described in section 302(6) tip lines, hotlines, and public service announce- or local official responsible for enforcing crimi- shall constitute prima facie evidence of a viola- ments; and nal, immigration, or customs laws, including po- tion of this part. (4) use of force training for law enforcement lice officers and other agents of a law enforce- (d) ATTORNEY’S FEES.—In any action or pro- agencies and personnel, including training on ment agency. ceeding to enforce this part against any govern- de-escalation, implicit bias, crisis intervention (6) RACIAL PROFILING.— mental body, the court may allow a prevailing techniques, and adolescent development. (A) IN GENERAL.—The term ‘‘racial profiling’’ plaintiff, other than the United States, reason- SEC. 225. COMPLIANCE WITH REPORTING RE- means the practice of a law enforcement agent able attorney’s fees as part of the costs, and QUIREMENTS. or agency relying, to any degree, on actual or may include expert fees as part of the attorney’s (a) IN GENERAL.—Not later than 1 year after perceived race, ethnicity, national origin, reli- fee. The term ‘‘prevailing plaintiff’’ means a the date of enactment of this Act, and each year gion, gender, gender identity, or sexual orienta- plaintiff that substantially prevails pursuant to thereafter, the Attorney General shall conduct tion in selecting which individual to subject to a judicial or administrative judgment or order, an audit and review of the information provided routine or spontaneous investigatory activities or an enforceable written agreement. under this subtitle to determine whether each or in deciding upon the scope and substance of PART II—PROGRAMS TO ELIMINATE RA- State or Indian Tribe described in section law enforcement activity following the initial CIAL PROFILING BY FEDERAL LAW EN- 223(a)(1) is in compliance with the requirements investigatory procedure, except when there is FORCEMENT AGENCIES trustworthy information, relevant to the locality of this subtitle. SEC. 321. POLICIES TO ELIMINATE RACIAL (b) CONSISTENCY IN DATA REPORTING.— and timeframe, that links a person with a par- PROFILING. (1) IN GENERAL.—Any data reported under ticular characteristic described in this para- (a) IN GENERAL.—Federal law enforcement this subtitle shall be collected and reported— graph to an identified criminal incident or agencies shall— (A) in a manner consistent with existing pro- scheme. (1) maintain adequate policies and procedures grams of the Department of Justice that collect (B) EXCEPTION.—For purposes of subpara- designed to eliminate racial profiling; and data on local law enforcement officer encoun- graph (A), a tribal law enforcement officer exer- (2) cease existing practices that permit racial ters with civilians; and cising law enforcement authority within Indian profiling. (B) in a manner consistent with civil rights country, as that term is defined in section 1151 (b) POLICIES.—The policies and procedures de- laws for distribution of information to the pub- of title 18, United States Code, is not considered scribed in subsection (a)(1) shall include— lic. to be racial profiling with respect to making key (1) a prohibition on racial profiling; (2) GUIDELINES.—Not later than 1 year after jurisdictional determinations that are nec- (2) training on racial profiling issues as part the date of enactment of this Act, the Attorney essarily tied to reliance on actual or perceived of Federal law enforcement training; General shall— race, ethnicity, or tribal affiliation. (3) the collection of data in accordance with (A) issue guidelines on the reporting require- (7) ROUTINE OR SPONTANEOUS INVESTIGATORY the regulations issued by the Attorney General ment under section 223; and ACTIVITIES.—The term ‘‘routine or spontaneous under section 341;

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(D) not include personally identifiable infor- torney General determines to be necessary to (b) REQUIRED ACTIVITIES.—Activities carried mation; eliminate racial profiling by Federal law en- out with a grant under this section shall in- (3) provide that a standardized form shall be forcement agencies. clude— made available to law enforcement agencies for PART III—PROGRAMS TO ELIMINATE RA- (1) developing a data collection tool and re- the submission of collected data to the Depart- CIAL PROFILING BY STATE AND LOCAL porting the compiled data to the Attorney Gen- ment of Justice; LAW ENFORCEMENT AGENCIES eral; and (4) provide that law enforcement agencies (2) training of law enforcement personnel on shall compile data on the standardized form SEC. 331. POLICIES REQUIRED FOR GRANTS. data collection, particularly for data collection made available under paragraph (3), and submit (a) IN GENERAL.—An application by a State or on hit rates for stops and searches. the form to the Civil Rights Division and the a unit of local government for funding under a (c) EVALUATION.—Not later than 3 years after Department of Justice Bureau of Justice Statis- covered program shall include a certification the date of enactment of this Act, the Attorney tics; that such State, unit of local government, and General shall enter into a contract with an in- (5) provide that law enforcement agencies any law enforcement agency to which it will stitution of higher education (as defined in sec- shall maintain all data collected under this sub- distribute funds— tion 101 of the Higher Education Act of 1965 (20 title for not less than 4 years; (1) maintains adequate policies and proce- U.S.C. 1001)) to analyze the data collected by (6) include guidelines for setting comparative dures designed to eliminate racial profiling; and each of the grantees funded under this section. benchmarks, consistent with best practices, (2) has eliminated any existing practices that (d) AUTHORIZATION OF APPROPRIATIONS.— against which collected data shall be measured; permit or encourage racial profiling. There are authorized to be appropriated to carry (7) provide that the Department of Justice Bu- (b) POLICIES.—The policies and procedures de- out activities under this section— scribed in subsection (a)(1) shall include— reau of Justice Statistics shall— (1) $5,000,000, over a 2-year period, to carry (A) analyze the data for any statistically sig- (1) a prohibition on racial profiling; out the demonstration program under subsection (2) training on racial profiling issues as part nificant disparities, including— (a); and (i) disparities in the percentage of drivers or of law enforcement training; (2) $500,000 to carry out the evaluation under (3) the collection of data in accordance with pedestrians stopped relative to the proportion of subsection (c). the population passing through the neighbor- the regulations issued by the Attorney General SEC. 334. DEVELOPMENT OF BEST PRACTICES. under section 341; and hood; (a) USE OF FUNDS REQUIREMENT.—Section (ii) disparities in the hit rate; and (4) participation in an administrative com- 502(a) of title I of the Omnibus Crime Control plaint procedure or independent audit program (iii) disparities in the frequency of searches and Safe Streets Act of 1968 (34 U.S.C. 10153(a)), performed on racial or ethnic minority drivers that meets the requirements of section 332. as amended by sections 113 and 114, is amended (c) EFFECTIVE DATE.—This section shall take and the frequency of searches performed on by adding at the end the following: nonminority drivers; and effect 12 months after the date of enactment of ‘‘(9) An assurance that, for each fiscal year this Act. (B) not later than 3 years after the date of en- covered by an application, the applicant will actment of this Act, and annually thereafter— SEC. 332. INVOLVEMENT OF ATTORNEY GENERAL. use not less than 10 percent of the total amount (i) prepare a report regarding the findings of (a) REGULATIONS.— of the grant award for the fiscal year to develop the analysis conducted under subparagraph (A); (1) IN GENERAL.—Not later than 6 months and implement best practice devices and systems (ii) provide such report to Congress; and after the date of enactment of this Act and in to eliminate racial profiling in accordance with (iii) make such report available to the public, consultation with stakeholders, including Fed- section 334 of the End Racial and Religious including on a website of the Department of eral, State, and local law enforcement agencies Profiling Act of 2020.’’. Justice, and in accordance with accessibility and community, professional, research, and civil (b) DEVELOPMENT OF BEST PRACTICES.—Grant standards under the Americans with Disabilities rights organizations, the Attorney General shall amounts described in paragraph (9) of section Act of 1990 (42 U.S.C. 12101 et seq.); and issue regulations for the operation of adminis- 502(a) of title I of the Omnibus Crime Control (8) protect the privacy of individuals whose trative complaint procedures and independent and Safe Streets Act of 1968 (34 U.S.C. 10153(a)), data is collected by— audit programs to ensure that such procedures as added by subsection (a) of this section, shall (A) limiting the use of the data collected and programs provide an appropriate response be for programs that include the following: under this subtitle to the purposes set forth in to allegations of racial profiling by law enforce- (1) The development and implementation of this subtitle; ment agents or agencies. training to prevent racial profiling and to en- (B) except as otherwise provided in this sub- (2) GUIDELINES.—The regulations issued under courage more respectful interaction with the title, limiting access to the data collected under paragraph (1) shall contain guidelines that en- public. sure the fairness, effectiveness, and independ- (2) The acquisition and use of technology to this subtitle to those Federal, State, or local em- ence of the administrative complaint procedures facilitate the accurate collection and analysis of ployees or agents who require such access in and independent auditor programs. data. order to fulfill the purposes for the data set forth in this subtitle; (b) NONCOMPLIANCE.—If the Attorney General (3) The development and acquisition of feed- determines that the recipient of a grant from back systems and technologies that identify law (C) requiring contractors or other nongovern- any covered program is not in compliance with enforcement agents or units of agents engaged mental agents who are permitted access to the the requirements of section 331 or the regula- in, or at risk of engaging in, racial profiling or data collected under this subtitle to sign use tions issued under subsection (a), the Attorney other misconduct. agreements incorporating the use and disclosure General shall withhold, in whole or in part (at (4) The establishment and maintenance of an restrictions set forth in subparagraph (A); and the discretion of the Attorney General), funds administrative complaint procedure or inde- (D) requiring the maintenance of adequate se- for one or more grants to the recipient under the pendent auditor program. curity measures to prevent unauthorized access covered program, until the recipient establishes SEC. 335. AUTHORIZATION OF APPROPRIATIONS. to the data collected under this subtitle. compliance. There are authorized to be appropriated to the SEC. 342. PUBLICATION OF DATA. (c) PRIVATE PARTIES.—The Attorney General Attorney General such sums as are necessary to The Director of the Bureau of Justice Statis- shall provide notice and an opportunity for pri- carry out this part. tics of the Department of Justice shall provide to vate parties to present evidence to the Attorney PART IV—DATA COLLECTION Congress and make available to the public, to- General that a recipient of a grant from any gether with each annual report described in sec- SEC. 341. ATTORNEY GENERAL TO ISSUE REGULA- tion 341, the data collected pursuant to this sub- covered program is not in compliance with the TIONS. title, excluding any personally identifiable in- requirements of this part. (a) REGULATIONS.—Not later than 6 months SEC. 333. DATA COLLECTION DEMONSTRATION after the date of enactment of this Act, the At- formation described in section 343. PROJECT. torney General, in consultation with stake- SEC. 343. LIMITATIONS ON PUBLICATION OF (a) TECHNICAL ASSISTANCE GRANTS FOR DATA holders, including Federal, State, and local law DATA. COLLECTION.— enforcement agencies and community, profes- The name or identifying information of a law (1) IN GENERAL.—The Attorney General may, sional, research, and civil rights organizations, enforcement agent, complainant, or any other through competitive grants or contracts, carry shall issue regulations for the collection and individual involved in any activity for which out a 2-year demonstration project for the pur- compilation of data under sections 321 and 331. data is collected and compiled under this sub- pose of developing and implementing data col- (b) REQUIREMENTS.—The regulations issued title shall not be— lection programs on the hit rates for stops and under subsection (a) shall— (1) released to the public; searches by law enforcement agencies. The data (1) provide for the collection of data on all (2) disclosed to any person, except for— collected shall be disaggregated by race, eth- routine and spontaneous investigatory activi- (A) such disclosures as are necessary to com- nicity, national origin, gender, and religion. ties; ply with this subtitle; (2) NUMBER OF GRANTS.—The Attorney Gen- (2) provide that the data collected shall— (B) disclosures of information regarding a eral shall provide not more than 5 grants or con- (A) be disaggregated by race, ethnicity, na- particular person to that person; or tracts under this section. tional origin, gender, disability, and religion; (C) disclosures pursuant to litigation; or (3) ELIGIBLE GRANTEES.—Grants or contracts (B) include the date, time, and location of (3) subject to disclosure under section 552 of under this section shall be awarded to law en- such investigatory activities; title 5, United States Code (commonly known as

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the Freedom of Information Act), except for dis- (b) LIMITATION ON ELIGIBILITY FOR FUNDS.— techniques, tactical repositioning, and other closures of information regarding a particular Beginning in the first fiscal year that begins tactics and techniques intended to stabilize the person to that person. after the date that is one year after the date of situation and reduce the immediacy of the risk PART V—DEPARTMENT OF JUSTICE REGU- enactment of this Act, a State or unit of local so that more time, options, and resources can be LATIONS AND REPORTS ON RACIAL government may not receive funds under the called upon to resolve the situation without the PROFILING IN THE UNITED STATES COPS grant program for a fiscal year if, on the use of force. day before the first day of the fiscal year, the (ii) DEADLY FORCE.—With respect to the use of SEC. 351. ATTORNEY GENERAL TO ISSUE REGULA- TIONS AND REPORTS. State or unit of local government does not have deadly force, the term ‘‘reasonable alternatives’’ includes the use of less lethal force. (a) REGULATIONS.—In addition to the regula- in effect a law that prohibits the issuance of a tions required under sections 333 and 341, the no-knock warrant in a drug case. (D) TOTALITY OF THE CIRCUMSTANCES.—The Attorney General shall issue such other regula- (c) DEFINITION.—In this section, the term ‘‘no- term ‘‘totality of the circumstances’’ means all tions as the Attorney General determines are knock warrant’’ means a warrant that allows a credible facts known to the Federal law enforce- necessary to implement this subtitle. law enforcement officer to enter a property ment officer leading up to and at the time of the (b) REPORTS.— without requiring the law enforcement officer to use of force, including the actions of the person (1) IN GENERAL.—Not later than 2 years after announce the presence of the law enforcement against whom the Federal law enforcement offi- the date of enactment of this Act, and annually officer or the intention of the law enforcement cer uses such force and the actions of the Fed- thereafter, the Attorney General shall submit to officer to enter the property. eral law enforcement officer. Congress a report on racial profiling by law en- SEC. 363. INCENTIVIZING BANNING OF (2) PROHIBITION ON LESS LETHAL FORCE.—A forcement agencies. CHOKEHOLDS AND CAROTID HOLDS. Federal law enforcement officer may not use (2) SCOPE.—Each report submitted under (a) DEFINITION.—In this section, the term any less lethal force unless— paragraph (1) shall include— ‘‘chokehold or carotid hold’’ means the applica- (A) the form of less lethal force used is nec- (A) a summary of data collected under sec- tion of any pressure to the throat or windpipe, essary and proportional in order to effectuate tions 321(b)(3) and 331(b)(3) and from any other the use of maneuvers that restrict blood or oxy- an arrest of a person who the officer has prob- reliable source of information regarding racial gen flow to the brain, or carotid artery re- able cause to believe has committed a criminal profiling in the United States; straints that prevent or hinder breathing or re- offense; and (B) a discussion of the findings in the most re- duce intake of air of an individual. (B) reasonable alternatives to the use of the cent report prepared by the Department of Jus- (b) LIMITATION ON ELIGIBILITY FOR FUNDS.— form of less lethal force have been exhausted. tice Bureau of Justice Statistics under section Beginning in the first fiscal year that begins (3) PROHIBITION ON DEADLY USE OF FORCE.—A 341(b)(7); after the date that is one year after the date of Federal law enforcement officer may not use (C) the status of the adoption and implemen- enactment of this Act, a State or unit of local deadly force against a person unless— tation of policies and procedures by Federal law government may not receive funds under the (A) the form of deadly force used is necessary, enforcement agencies under section 321 and by Byrne grant program or the COPS grant pro- as a last resort, to prevent imminent and serious the State and local law enforcement agencies gram for a fiscal year if, on the day before the bodily injury or death to the officer or another under sections 331 and 332; and first day of the fiscal year, the State or unit of person; (D) a description of any other policies and local government does not have in effect a law (B) the use of the form of deadly force creates procedures that the Attorney General believes that prohibits law enforcement officers in the no substantial risk of injury to a third person; would facilitate the elimination of racial State or unit of local government from using a and profiling. chokehold or carotid hold. (C) reasonable alternatives to the use of the form of deadly force have been exhausted. Subtitle B—Additional Reforms (c) CHOKEHOLDS AS CIVIL RIGHTS VIOLA- (4) REQUIREMENT TO GIVE VERBAL WARNING.— TIONS.— SEC. 361. TRAINING ON RACIAL BIAS AND DUTY (1) SHORT TITLE.—This subsection may be When feasible, prior to using force against a TO INTERVENE. person, a Federal law enforcement officer shall (a) IN GENERAL.—The Attorney General shall cited as the ‘‘Eric Garner Excessive Use of Force Prevention Act’’. identify himself or herself as a Federal law en- establish— forcement officer, and issue a verbal warning to (1) a training program for law enforcement of- (2) CHOKEHOLDS AS CIVIL RIGHTS VIOLA- TIONS.—Section 242 of title 18, United States the person that the Federal law enforcement of- ficers to cover racial profiling, implicit bias, and ficer seeks to apprehend, which shall— procedural justice; and Code, as amended by section 101, is amended by adding at the end the following: ‘‘For the pur- (A) include a request that the person sur- (2) a clear duty for Federal law enforcement render to the law enforcement officer; and officers to intervene in cases where another law poses of this section, the application of any pressure to the throat or windpipe, use of ma- (B) notify the person that the law enforce- enforcement officer is using excessive force ment officer will use force against the person if against a civilian, and establish a training pro- neuvers that restrict blood or oxygen flow to the brain, or carotid artery restraints which prevent the person resists arrest or flees. gram that covers the duty to intervene. UIDANCE ON USE OF FORCE.—Not later or hinder breathing or reduce intake of air is a (5) G (b) MANDATORY TRAINING FOR FEDERAL LAW than 120 days after the date of enactment of this punishment, pain, or penalty.’’. ENFORCEMENT OFFICERS.—The head of each Act, the Attorney General, in consultation with Federal law enforcement agency shall require SEC. 364. PEACE ACT. impacted persons, communities, and organiza- each Federal law enforcement officer employed (a) SHORT TITLE.—This section may be cited tions, including representatives of civil and by the agency to complete the training programs as the ‘‘Police Exercising Absolute Care With human rights organizations, victims of police established under subsection (a). Everyone Act of 2020’’ or the ‘‘PEACE Act of use of force, and representatives of law enforce- (c) LIMITATION ON ELIGIBILITY FOR FUNDS.— 2020’’. ment associations, shall provide guidance to Beginning in the first fiscal year that begins (b) USE OF FORCE BY FEDERAL LAW ENFORCE- Federal law enforcement agencies on— after the date that is one year after the date of MENT OFFICERS.— (A) the types of less lethal force and deadly enactment of this Act, a State or unit of local (1) DEFINITIONS.—In this subsection: force that are prohibited under paragraphs (2) government may not receive funds under the (A) DEESCALATION TACTICS AND TECHNIQUES.— and (3); and Byrne grant program for a fiscal year if, on the The term ‘‘deescalation tactics and techniques’’ (B) how a Federal law enforcement officer day before the first day of the fiscal year, the means proactive actions and approaches used by can— State or unit of local government does not re- a Federal law enforcement officer to stabilize (i) assess whether the use of force is appro- quire each law enforcement officer in the State the situation so that more time, options, and re- priate and necessary; and or unit of local government to complete the sources are available to gain a person’s vol- (ii) use the least amount of force when inter- training programs established under subsection untary compliance and reduce or eliminate the acting with— (a). need to use force, including verbal persuasion, (I) pregnant individuals; (d) GRANTS TO TRAIN LAW ENFORCEMENT OF- warnings, tactical techniques, slowing down the (II) children and youth under 21 years of age; FICERS ON USE OF FORCE.—Section 501(a)(1) of pace of an incident, waiting out a subject, cre- (III) elderly persons; title I of the Omnibus Crime Control and Safe ating distance between the officer and the (IV) persons with mental, behavioral, or phys- Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is threat, and requesting additional resources to ical disabilities or impairments; amended by adding at the end the following: resolve the incident. (V) persons experiencing perceptual or cog- ‘‘(I) Training programs for law enforcement (B) NECESSARY.—The term ‘‘necessary’’ means nitive impairments due to use of alcohol, nar- officers, including training programs on use of that another reasonable Federal law enforce- cotics, hallucinogens, or other drugs; force and a duty to intervene.’’. ment officer would objectively conclude, under (VI) persons suffering from a serious medical SEC. 362. BAN ON NO-KNOCK WARRANTS IN DRUG the totality of the circumstances, that there was condition; and CASES. no reasonable alternative to the use of force. (VII) persons with limited English proficiency. (a) BAN ON FEDERAL WARRANTS IN DRUG (C) REASONABLE ALTERNATIVES.— (6) TRAINING.—The Attorney General shall CASES.—Section 509 of the Controlled Sub- (i) IN GENERAL.—The term ‘‘reasonable alter- provide training to Federal law enforcement of- stances Act (21 U.S.C. 879) is amended by add- natives’’ means tactics and methods used by a ficers on interacting people described in sub- ing at the end the following: ‘‘A search warrant Federal law enforcement officer to effectuate an clauses (I) through (VII) of paragraph (5)(B)(ii). authorized under this section shall require that arrest that do not unreasonably increase the (7) LIMITATION ON JUSTIFICATION DEFENSE.— a law enforcement officer execute the search risk posed to the law enforcement officer or an- (A) IN GENERAL.—Chapter 51 of title 18, warrant only after providing notice of his or her other person, including verbal communication, United States Code, is amended by adding at the authority and purpose.’’. distance, warnings, deescalation tactics and end the following:

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 6333 E:\CR\FM\A25JN7.001 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE H2448 CONGRESSIONAL RECORD — HOUSE June 25, 2020 ‘‘§ 1123. Limitation on justification defense for thorized to provide excess property to local law cipient, the recipient will return the property to Federal law enforcement officers enforcement agencies. The Defense Logistics the Department of Defense; ‘‘(a) IN GENERAL.—It is not a defense to an of- Agency, administers such section by operating ‘‘(9) with respect to a recipient that is not a fense under section 1111 or 1112 that the use of the Law Enforcement Support Office program. Federal agency, the recipient certifies to the De- less lethal force or deadly force by a Federal law (2) New and used material, including mine-re- partment of Defense that the recipient notified enforcement officer was justified if— sistant ambush-protected vehicles and weapons the local community of the request for personal ‘‘(1) that officer’s use of use of such force was determined by the Department of Defense to be property under this section by— inconsistent with section 364(b) of the George ‘‘military grade’’ are transferred to Federal, ‘‘(A) publishing a notice of such request on a Floyd Justice in Policing Act of 2020; or Tribal, State, and local law enforcement agen- publicly accessible Internet website; ‘‘(2) that officer’s gross negligence, leading up cies through the program. ‘‘(B) posting such notice at several prominent to and at the time of the use of force, contrib- (3) As a result local law enforcement agencies, locations in the jurisdiction of the recipient; and uted to the necessity of the use of such force. including police and sheriff’s departments, are ‘‘(C) ensuring that such notices were available ‘‘(b) DEFINITIONS.—In this section— acquiring this material for use in their normal to the local community for a period of not less ‘‘(1) the terms ‘deadly force’ and ‘less lethal operations. than 30 days; and force’ have the meanings given such terms in (4) As a result of the wars in Iraq and Af- ‘‘(10) the recipient has received the approval section 2 and section 364 of the George Floyd ghanistan, military equipment purchased for, of the city council or other local governing body Justice in Policing Act of 2020; and and used in, those wars has become excess prop- to acquire the personal property sought under ‘‘(2) the term ‘Federal law enforcement officer’ erty and has been made available for transfer to this section.’’; has the meaning given such term in section local and Federal law enforcement agencies. (C) by striking subsection (d); 115.’’. (5) In Fiscal Year 2017, $504,000,000 worth of (D) by redesignating subsections (e) and (f) as (B) CLERICAL AMENDMENT.—The table of sec- property was transferred to law enforcement subsections (o) and (p), respectively; and tions for chapter 51 of title 18, United States agencies. (E) by inserting after subsection (c) the fol- Code, is amended by inserting after the item re- (6) More than $6,800,000,000 worth of weapons lowing new subsections: lating to section 1122 the following: and equipment have been transferred to police ‘‘(d) ANNUAL CERTIFICATION ACCOUNTING FOR ‘‘1123. Limitation on justification defense for organizations in all 50 States and four terri- TRANSFERRED PROPERTY.—(1) For each fiscal Federal law enforcement offi- tories through the program. year, the Secretary shall submit to Congress cer- cers.’’. (7) In May 2012, the Defense Logistics Agency tification in writing that each Federal or State (c) LIMITATION ON THE RECEIPT OF FUNDS instituted a moratorium on weapons transfers agency to which the Secretary has transferred UNDER THE EDWARD BYRNE MEMORIAL JUSTICE through the program after reports of missing property under this section— ASSISTANCE GRANT PROGRAM.— equipment and inappropriate weapons transfers. ‘‘(A) has provided to the Secretary docu- (1) LIMITATION.—A State or unit of local gov- (8) Though the moratorium was widely pub- mentation accounting for all controlled prop- ernment, other than an Indian Tribe, may not licized, it was lifted in October 2013 without erty, including arms and ammunition, that the receive funds that the State or unit of local gov- adequate safeguards. Secretary has transferred to the agency, includ- ernment would otherwise receive under a Byrne (9) On January 16, 2015, President Barack ing any item described in subsection (f) so trans- grant program for a fiscal year if, on the day Obama issued Executive Order 13688 to better ferred before the date of the enactment of the before the first day of the fiscal year, the State coordinate and regulate the federal transfer of George Floyd Justice in Policing Act of 2020; or unit of local government does not have in ef- military weapons and equipment to State, local, and fect a law that is consistent with subsection (b) and Tribal law enforcement agencies. ‘‘(B) with respect to a non-Federal agency, (10) In July, 2017, the Government Account- of this section and section 1123 of title 18, carried out each of paragraphs (5) through (8) ability Office reported that the program’s inter- United States Code, as determined by the Attor- of subsection (b). nal controls were inadequate to prevent fraudu- ney General. ‘‘(2) If the Secretary does not provide a certifi- (2) SUBSEQUENT ENACTMENT.— lent applicants’ access to the program. cation under paragraph (1) for a Federal or (A) IN GENERAL.—If funds described in para- (11) On August, 28, 2017, President Donald State agency, the Secretary may not transfer graph (1) are withheld from a State or unit of Trump rescinded Executive Order 13688 despite a additional property to that agency under this local government pursuant to paragraph (1) for July 2017 Government Accountability Office re- section. 1 or more fiscal years, and the State or unit of port finding deficiencies with the administration ‘‘(e) ANNUAL REPORT ON EXCESS PROPERTY.— local government enacts or puts in place a law of the 1033 program. described in paragraph (1), and demonstrates (12) As a result, Federal, State, and local law Before making any property available for trans- substantial efforts to enforce such law, subject enforcement departments across the country are fer under this section, the Secretary shall annu- to subparagraph (B), the State or unit of local eligible again to acquire free ‘‘military-grade’’ ally submit to Congress a description of the government shall be eligible, in the fiscal year weapons and equipment that could be used in- property to be transferred together with a cer- after the fiscal year during which the State or appropriately during policing efforts in which tification that the transfer of the property unit of local government demonstrates such sub- people and taxpayers could be harmed. would not violate this section or any other pro- stantial efforts, to receive the total amount that (13) The Department of Defense categorizes vision of law. the State or unit of local government would equipment eligible for transfer under the 1033 ‘‘(f) LIMITATIONS ON TRANSFERS.—(1) The Sec- have received during each fiscal year for which program as ‘‘controlled’’ and ‘‘un-controlled’’ retary may not transfer to Federal, Tribal, funds were withheld. equipment. ‘‘Controlled equipment’’ includes State, or local law enforcement agencies the fol- (B) LIMIT ON AMOUNT OF PRIOR YEAR FUNDS.— weapons, explosives such as flash-bang gre- lowing under this section: A State or unit of local government may not re- nades, mine-resistant ambush-protected vehi- ‘‘(A) Firearms, ammunition, bayonets, gre- ceive funds under subparagraph (A) in an cles, long-range acoustic devices, aircraft capa- nade launchers, grenades (including stun and amount that is more than the amount withheld ble of being modified to carry armament that are flash-bang),and explosives. from the State or unit of local government dur- combat coded, and silencers, among other mili- ‘‘(B) Vehicles, except for passenger auto- ing the 5-fiscal-year period before the fiscal year tary grade items. mobiles (as such term is defined in section during which funds are received under subpara- (b) LIMITATION ON DEPARTMENT OF DEFENSE 32901(a)(18) of title 49, United States Code) and graph (A). TRANSFER OF PERSONAL PROPERTY TO LOCAL bucket trucks. (3) GUIDANCE.—Not later than 120 days after LAW ENFORCEMENT AGENCIES.— ‘‘(C) Drones. the date of enactment of this Act, the Attorney (1) IN GENERAL.—Section 2576a of title 10, ‘‘(D) Controlled aircraft that— General, in consultation with impacted persons, United States Code, is amended— ‘‘(i) are combat configured or combat coded; or communities, and organizations, including rep- (A) in subsection (a)— ‘‘(ii) have no established commercial flight ap- resentatives of civil and human rights organiza- (i) in paragraph (1)(A), by striking plication. tions, individuals against whom a law enforce- ‘‘counterdrug, counterterrorism, and border se- ‘‘(E) Silencers. ment officer used force, and representatives of curity activities’’ and inserting ‘‘counterter- ‘‘(F) Long-range acoustic devices. law enforcement associations, shall make guid- rorism’’; and ‘‘(G) Items in the Federal Supply Class of ance available to States and units of local gov- (ii) in paragraph (2), by striking ‘‘, the Direc- banned items. ernment on the criteria that the Attorney Gen- tor of National Drug Control Policy,’’; ‘‘(2) The Secretary may not require, as a con- eral will use in determining whether the State or (B) in subsection (b)— dition of a transfer under this section, that a unit of local government has in place a law de- (i) in paragraph (5), by striking ‘‘and’’ at the Federal or State agency demonstrate the use of scribed in paragraph (1). end; any small arms or ammunition. (4) APPLICATION.—This subsection shall apply (ii) in paragraph (6), by striking the period ‘‘(3) The limitations under this subsection to the first fiscal year that begins after the date and inserting a semicolon; and shall also apply with respect to the transfer of that is 1 year after the date of the enactment of (iii) by adding at the end the following new previously transferred property of the Depart- this Act, and each fiscal year thereafter. paragraphs: ment of Defense from one Federal or State agen- SEC. 365. STOP MILITARIZING LAW ENFORCE- ‘‘(7) the recipient submits to the Department cy to another such agency. MENT ACT. of Defense a description of how the recipient ex- ‘‘(4)(A) The Secretary may waive the applica- (a) FINDINGS.—Congress makes the following pects to use the property; bility of paragraph (1) to a vehicle described in findings: ‘‘(8) the recipient certifies to the Department subparagraph (B) of such paragraph (other (1) Under section 2576a of title 10, United of Defense that if the recipient determines that than a mine-resistant ambush-protected vehi- States Code, the Department of Defense is au- the property is surplus to the needs of the re- cle), if the Secretary determines that such a

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waiver is necessary for disaster or rescue pur- ‘‘(A) the agency has complied with all require- (c) USE OF COPS GRANT PROGRAM TO HIRE poses or for another purpose where life and pub- ments under this section; or LAW ENFORCEMENT OFFICERS WHO ARE RESI- lic safety are at risk, as demonstrated by the ‘‘(B) the eligibility of the agency to receive DENTS OF THE COMMUNITIES THEY SERVE.—Sec- proposed recipient of the vehicle. property transferred under this section has been tion 1701(b) of title I of the Omnibus Crime Con- ‘‘(B) If the Secretary issues a waiver under suspended. trol and Safe Streets Act of 1968 (34 U.S.C. subparagraph (A), the Secretary shall— ‘‘(h) PROHIBITION ON OWNERSHIP OF CON- 10381(b)), as amended by this Act, is further ‘‘(i) submit to Congress notice of the waiver, TROLLED PROPERTY.—A Federal or State agency amended— and post such notice on a public Internet that receives controlled property under this sec- (1) by redesignating paragraphs (23) and (24) website of the Department, by not later than 30 tion may not take ownership of the property. as paragraphs (26) and (27), respectively; days after the date on which the waiver is ‘‘(i) NOTICE TO CONGRESS OF PROPERTY DOWN- (2) in paragraph (26), as so redesignated, by issued; and GRADES.—Not later than 30 days before down- striking ‘‘(22)’’ and inserting ‘‘(25)’’; and ‘‘(ii) require, as a condition of the waiver, grading the classification of any item of per- (3) by inserting after paragraph (22) the fol- that the recipient of the vehicle for which the sonal property from controlled or Federal Sup- lowing: waiver is issued provides public notice of the ply Class, the Secretary shall submit to Congress ‘‘(23) to recruit, hire, incentivize, retain, de- waiver and the transfer, including the type of notice of the proposed downgrade. velop, and train new, additional career law en- vehicle and the purpose for which it is trans- ‘‘(j) NOTICE TO CONGRESS OF PROPERTY CAN- forcement officers or current law enforcement ferred, in the jurisdiction where the recipient is NIBALIZATION.—Before the Defense Logistics officers who are willing to relocate to commu- located by not later than 30 days after the date Agency authorizes the recipient of property nities— on which the waiver is issued. transferred under this section to cannibalize the ‘‘(A) where there are poor or fragmented rela- ‘‘(5) The Secretary may provide for an exemp- property, the Secretary shall submit to Congress tionships between police and residents of the tion to the limitation under subparagraph (D) of notice of such authorization, including the community, or where there are high incidents of paragraph (1) in the case of parts for aircraft name of the recipient requesting the authoriza- crime; and described in such subparagraph that are trans- tion, the purpose of the proposed cannibaliza- ‘‘(B) that are the communities that the law ferred as part of regular maintenance of aircraft tion, and the type of property proposed to be enforcement officers serve, or that are in close in an existing fleet. cannibalized. proximity to the communities that the law en- ‘‘(6) The Secretary shall require, as a condi- ‘‘(k) QUARTERLY REPORTS ON USE OF CON- forcement officers serve; tion of any transfer of property under this sec- TROLLED EQUIPMENT.—Not later than 30 days ‘‘(24) to collect data on the number of law en- tion, that the Federal or State agency that re- after the last day of a fiscal quarter, the Sec- forcement officers who are willing to relocate to ceives the property shall return the property to retary shall submit to Congress a report on any the communities where they serve, and whether the Secretary if the agency— such law enforcement officer relocations have ‘‘(A) is investigated by the Department of Jus- uses of controlled property transferred under this section during that fiscal quarter. impacted crime in such communities; tice for any violation of civil liberties; or ‘‘(25) to develop and publicly report strategies ‘‘(B) is otherwise found to have engaged in ‘‘(l) REPORTS TO CONGRESS.—Not later than 30 and timelines to recruit, hire, promote, retain, widespread abuses of civil liberties. days after the last day of a fiscal year, the Sec- develop, and train a diverse and inclusive law ‘‘(g) CONDITIONS FOR EXTENSION OF PRO- retary shall submit to Congress a report on the enforcement workforce, consistent with merit GRAM.—Notwithstanding any other provision of following for the preceding fiscal year: law, amounts authorized to be appropriated or ‘‘(1) The percentage of equipment lost by re- system principles and applicable law;’’. otherwise made available for any fiscal year cipients of property transferred under this sec- Subtitle C—Law Enforcement Body Cameras may not be obligated or expended to carry out tion, including specific information about the PART 1—FEDERAL POLICE CAMERA AND this section unless the Secretary submits to Con- type of property lost, the monetary value of ACCOUNTABILITY ACT such property, and the recipient that lost the gress certification that for the preceding fiscal SEC. 371. SHORT TITLE. property. year that— This part may be cited as the ‘‘Federal Police ‘‘(1) each Federal or State agency that has re- ‘‘(2) The transfer of any new (condition code Camera and Accountability Act’’. ceived controlled property transferred under this A) property transferred under this section, in- section has— cluding specific information about the type of SEC. 372. REQUIREMENTS FOR FEDERAL LAW EN- ‘‘(A) demonstrated 100 percent accountability property, the recipient of the property, the mon- FORCEMENT OFFICERS REGARDING THE USE OF BODY CAMERAS. for all such property, in accordance with para- etary value of each item of the property, and (a) DEFINITIONS.—In this section: graph (2) or (3), as applicable; or the total monetary value of all such property (1) MINOR.—The term ‘‘minor’’ means any in- ‘‘(B) been suspended from the program pursu- transferred during the fiscal year.’’. dividual under 18 years of age. ant to paragraph (4); (2) EFFECTIVE DATE.—The amendments made (2) SUBJECT OF THE VIDEO FOOTAGE.—The ‘‘(2) with respect to each non-Federal agency by paragraph (1) shall apply with respect to any term ‘‘subject of the video footage’’— that has received controlled property under this transfer of property made after the date of the (A) means any identifiable Federal law en- section, the State coordinator responsible for enactment of this Act. forcement officer or any identifiable suspect, each such agency has verified that the coordi- SEC. 366. PUBLIC SAFETY INNOVATION GRANTS. nator or an agent of the coordinator has con- victim, detainee, conversant, injured party, or (a) BYRNE GRANTS USED FOR LOCAL TASK ducted an in-person inventory of the property other similarly situated person who appears on FORCES ON PUBLIC SAFETY INNOVATION.—Sec- transferred to the agency and that 100 percent the body camera recording; and tion 501(a) of the Omnibus Crime Control and of such property was accounted for during the (B) does not include people who only inciden- Safe Streets Act of 1968 (34 U.S.C. 10151(a)), as inventory or that the agency has been sus- tally appear on the recording. amended by this Act, is further amended by pended from the program pursuant to para- (3) VIDEO FOOTAGE.—The term ‘‘video foot- adding at the end the following: graph (4); age’’ means any images or audio recorded by a ‘‘(3) LOCAL TASK FORCES ON PUBLIC SAFETY IN- ‘‘(3) with respect to each Federal agency that body camera. NOVATION.— has received controlled property under this sec- (b) REQUIREMENT TO WEAR BODY CAMERA.— ‘‘(A) IN GENERAL.—A law enforcement pro- tion, the Secretary of Defense or an agent of the (1) IN GENERAL.—Federal law enforcement of- gram under paragraph (1)(A) may include the Secretary has conducted an in-person inventory ficers shall wear a body camera. development of best practices for and the cre- of the property transferred to the agency and (2) REQUIREMENT FOR BODY CAMERA.—A body ation of local task forces on public safety inno- that 100 percent of such property was accounted camera required under paragraph (1) shall— vation, charged with exploring and developing for during the inventory or that the agency has (A) have a field of view at least as broad as new strategies for public safety, including non- been suspended from the program pursuant to the officer’s vision; and law enforcement strategies. paragraph (4); (B) be worn in a manner that maximizes the ‘‘(4) the eligibility of any agency that has re- ‘‘(B) DEFINITION.—The term ‘local task force camera’s ability to capture video footage of the ceived controlled property under this section for on public safety innovation’ means an adminis- officer’s activities. which 100 percent of the property was not ac- trative entity, created from partnerships be- (c) REQUIREMENT TO ACTIVATE.— counted for during an inventory described in tween community-based organizations and other (1) IN GENERAL.—Both the video and audio re- paragraph (1) or (2), as applicable, to receive local stakeholders, that may develop innovative cording functions of the body camera shall be any property transferred under this section has law enforcement and non-law enforcement activated whenever a Federal law enforcement been suspended; and strategies to enhance just and equitable public officer is responding to a call for service or at ‘‘(5) each State coordinator has certified, for safety, repair breaches of trust between law en- the initiation of any other law enforcement or each non-Federal agency located in the State forcement agencies and the community they investigative stop (as such term is defined in for which the State coordinator is responsible pledge to serve, and enhance accountability of section 373) between a Federal law enforcement that— law enforcement officers.’’. officer and a member of the public, except that ‘‘(A) the agency has complied with all require- (b) CRISIS INTERVENTION TEAMS.—Section when an immediate threat to the officer’s life or ments under this section; or 501(c) of title I of the Omnibus Crime Control safety makes activating the camera impossible or ‘‘(B) the eligibility of the agency to receive and Safe Streets Act of 1968 (34 U.S.C. 10152(c)) dangerous, the officer shall activate the camera property transferred under this section has been is amended by adding at the end the following: at the first reasonable opportunity to do so. suspended; and ‘‘(3) In the case of crisis intervention teams (2) ALLOWABLE DEACTIVATION.—The body ‘‘(6) the Secretary of Defense has certified, for funded under subsection (a)(1)(H), a program camera shall not be deactivated until the stop each Federal agency that has received property assessment under this subsection shall contain a has fully concluded and the Federal law en- under this section that— report on best practices for crisis intervention.’’. forcement officer leaves the scene.

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(d) NOTIFICATION OF SUBJECT OF RECORD- (B) A parent or legal guardian of a minor sub- making the request in accordance with the pro- ING.—A Federal law enforcement officer who is ject of body camera video footage, and their des- cedures for requesting and providing govern- wearing a body camera shall notify any subject ignated legal counsel. ment records set forth in the section 552a of title of the recording that he or she is being recorded (C) The spouse, next of kin, or legally author- 5, United States Code. by a body camera as close to the inception of the ized designee of a deceased subject of body cam- (2) EXCEPTIONS.—The following categories of stop as is reasonably possible. era video footage, and their designated legal video footage shall not be released to the public (e) REQUIREMENTS.—Notwithstanding sub- counsel. in the absence of express written permission section (c), the following shall apply to the use (D) A Federal law enforcement officer whose from the non-law enforcement subjects of the of a body camera: body camera recorded the video footage, and video footage: (1) Prior to entering a private residence with- their designated legal counsel, subject to the (A) Video footage not subject to a minimum 3- out a warrant or in non-exigent circumstances, limitations and restrictions in this part. year retention period pursuant to subsection (j). a Federal law enforcement officer shall ask the (E) The superior officer of a Federal law en- (B) Video footage that is subject to a minimum occupant if the occupant wants the officer to forcement officer whose body camera recorded 3-year retention period solely and exclusively discontinue use of the officer’s body camera. If the video footage, subject to the limitations and pursuant to paragraph (1)(B) or (2) of sub- the occupant responds affirmatively, the Fed- restrictions in this part. section (j). eral law enforcement officer shall immediately (F) Any defense counsel who claims, pursuant (3) PRIORITY OF REQUESTS.—Notwithstanding discontinue use of the body camera. to a written affidavit, to have a reasonable basis any time periods established for acknowledging (2) When interacting with an apparent crime for believing a video may contain evidence that and responding to records requests in section victim, a Federal law enforcement officer shall, exculpates a client. 552a of title 5, United States Code, responses to as soon as practicable, ask the apparent crime (3) LIMITATION.—The right to inspect subject requests for video footage that is subject to a victim if the apparent crime victim wants the of- to subsection (j)(1) shall not include the right to minimum 3-year retention period pursuant to ficer to discontinue use of the officer’s body possess a copy of the body camera video footage, subsection (j)(1)(A), where a subject of the video camera. If the apparent crime victim responds unless the release of the body camera footage is footage is recorded being killed, shot by a fire- affirmatively, the Federal law enforcement offi- otherwise authorized by this part or by another arm, or grievously injured, shall be prioritized cer shall immediately discontinue use of the applicable law. When a body camera fails to and, if approved, the requested video footage body camera. capture some or all of the audio or video of an shall be provided as expeditiously as possible, (3) When interacting with a person seeking to incident due to malfunction, displacement of but in no circumstances later than 5 days fol- anonymously report a crime or assist in an on- camera, or any other cause, any audio or video lowing receipt of the request. going law enforcement investigation, a Federal footage that is captured shall be treated the (4) USE OF REDACTION TECHNOLOGY.— law enforcement officer shall, as soon as prac- same as any other body camera audio or video (A) IN GENERAL.—Whenever doing so is nec- ticable, ask the person seeking to remain anony- footage under this part. essary to protect personal privacy, the right to mous, if the person seeking to remain anony- (j) ADDITIONAL RETENTION REQUIREMENTS.— a fair trial, the identity of a confidential source mous wants the officer to discontinue use of the Notwithstanding the retention and deletion re- or crime victim, or the life or physical safety of officer’s body camera. If the person seeking to quirements in subsection (i), the following shall any person appearing in video footage, redac- remain anonymous responds affirmatively, the apply to body camera video footage under this tion technology may be used to obscure the face Federal law enforcement officer shall imme- part: and other personally identifying characteristics diately discontinue use of the body camera. (1) Body camera video footage shall be auto- of that person, including the tone of the per- (f) RECORDING OF OFFERS TO DISCONTINUE matically retained for not less than 3 years if son’s voice, provided the redaction does not USE OF BODY CAMERA.—Each offer of a Federal the video footage captures an interaction or interfere with a viewer’s ability to fully, com- law enforcement officer to discontinue the use of event involving— pletely, and accurately comprehend the events a body camera made pursuant to subsection (e), (A) any use of force; or captured on the video footage. and the responses thereto, shall be recorded by (B) an stop about which a complaint has been (B) REQUIREMENTS.—The following require- the body camera prior to discontinuing use of registered by a subject of the video footage. ments shall apply to redactions under subpara- the body camera. (2) Body camera video footage shall be re- graph (A): (g) LIMITATIONS ON USE OF BODY CAMERA.— tained for not less than 3 years if a longer reten- (i) When redaction is performed on video foot- Body cameras shall not be used to gather intel- tion period is voluntarily requested by— age pursuant to this paragraph, an unedited, ligence information based on First Amendment (A) the Federal law enforcement officer whose original version of the video footage shall be re- protected speech, associations, or religion, or to body camera recorded the video footage, if that tained pursuant to the requirements of sub- record activity that is unrelated to a response to officer reasonably asserts the video footage has sections (i) and (j). a call for service or a law enforcement or inves- evidentiary or exculpatory value in an ongoing (ii) Except pursuant to the rules for the redac- tigative stop between a law enforcement officer investigation; tion of video footage set forth in this subsection and a member of the public, and shall not be (B) any Federal law enforcement officer who or where it is otherwise expressly authorized by equipped with or employ any facial recognition is a subject of the video footage, if that officer this Act, no other editing or alteration of video technologies. reasonably asserts the video footage has evi- footage, including a reduction of the video (h) EXCEPTIONS.—Federal law enforcement of- dentiary or exculpatory value; footage’s resolution, shall be permitted. ficers— (C) any superior officer of a Federal law en- (m) PROHIBITED WITHHOLDING OF FOOTAGE.— (1) shall not be required to use body cameras forcement officer whose body camera recorded Body camera video footage may not be withheld during investigative or enforcement stops with the video footage or who is a subject of the video from the public on the basis that it is an inves- the public in the case that— footage, if that superior officer reasonably as- tigatory record or was compiled for law enforce- (A) recording would risk the safety of a con- serts the video footage has evidentiary or excul- ment purposes where any person under inves- fidential informant, citizen informant, or under- patory value; tigation or whose conduct is under review is a cover officer; (D) any Federal law enforcement officer, if police officer or other law enforcement employee (B) recording would pose a serious risk to na- the video footage is being retained solely and ex- and the video footage relates to that person’s tional security; or clusively for police training purposes; conduct in their official capacity. (C) the officer is a military police officer, a (E) any member of the public who is a subject (n) ADMISSIBILITY.—Any video footage re- member of the United States Army Criminal In- of the video footage; tained beyond 6 months solely and exclusively vestigation Command, or a protective detail as- (F) any parent or legal guardian of a minor pursuant to subsection (j)(2)(D) shall not be ad- signed to a Federal or foreign official while per- who is a subject of the video footage; or missible as evidence in any criminal or civil forming his or her duties; and (G) a deceased subject’s spouse, next of kin, or legal or administrative proceeding. (2) shall not activate a body camera while on legally authorized designee. (o) CONFIDENTIALITY.—No government agency the grounds of any public, private or parochial (k) PUBLIC REVIEW.—For purposes of sub- or official, or law enforcement agency, officer, elementary or secondary school, except when re- paragraphs (E), (F), and (G) of subsection (j)(2), or official may publicly disclose, release, or sponding to an imminent threat to life or health. any member of the public who is a subject of share body camera video footage unless— (i) RETENTION OF FOOTAGE.— video footage, the parent or legal guardian of a (1) doing so is expressly authorized pursuant (1) IN GENERAL.—Body camera video footage minor who is a subject of the video footage, or to this part or another applicable law; or shall be retained by the law enforcement agency a deceased subject’s next of kin or legally au- (2) the video footage is subject to public re- that employs the officer whose camera captured thorized designee, shall be permitted to review lease pursuant to subsection (l), and not ex- the footage, or an authorized agent thereof, for the specific video footage in question in order to empted from public release pursuant to sub- 6 months after the date it was recorded, after make a determination as to whether they will section (l)(1). which time such footage shall be permanently voluntarily request it be subjected to a minimum (p) LIMITATION ON FEDERAL LAW ENFORCE- deleted. 3-year retention period. MENT OFFICER VIEWING OF BODY CAMERA FOOT- (2) RIGHT TO INSPECT.—During the 6-month (l) DISCLOSURE.— AGE.—No Federal law enforcement officer shall retention period described in paragraph (1), the (1) IN GENERAL.—Except as provided in para- review or receive an accounting of any body following persons shall have the right to inspect graph (2), all video footage of an interaction or camera video footage that is subject to a min- the body camera footage: event captured by a body camera, if that inter- imum 3-year retention period pursuant to sub- (A) Any person who is a subject of body cam- action or event is identified with reasonable section (j)(1) prior to completing any required era video footage, and their designated legal specificity and requested by a member of the initial reports, statements, and interviews re- counsel. public, shall be provided to the person or entity garding the recorded event, unless doing so is

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necessary, while in the field, to address an im- Federal agency or department, shall be made (B) ACTIVATION WITH LIGHTS.—A Federal law mediate threat to life or safety. publicly available on that agency’s website. enforcement officer shall begin recording when (q) ADDITIONAL LIMITATIONS.—Video footage (w) RULE OF CONSTRUCTION.—Nothing in this patrol vehicle emergency lights are activated or may not be— part shall be construed to preempt any laws when they would otherwise be activated if not (1) in the case of footage that is not subject to governing the maintenance, production, and de- for the need to conceal the presence of law en- a minimum 3-year retention period, viewed by struction of evidence in criminal investigations forcement, and shall continue until the reason any superior officer of a Federal law enforce- and prosecutions. for the activation ceases to exist, regardless of ment officer whose body camera recorded the SEC. 373. PATROL VEHICLES WITH IN-CAR VIDEO whether the emergency lights are no longer acti- footage absent a specific allegation of mis- RECORDING CAMERAS. vated. conduct; or (a) DEFINITIONS.—In this section: (C) PERMISSIBLE RECORDING.—A Federal law (2) divulged or used by any law enforcement (1) AUDIO RECORDING.—The term ‘‘audio re- enforcement officer may begin recording if the agency for any commercial or other non-law en- cording’’ means the recorded conversation be- officer reasonably believes recording may assist forcement purpose. tween a Federal law enforcement officer and a with prosecution, enhance safety, or for any (r) THIRD PARTY MAINTENANCE OF FOOTAGE.— second party. other lawful purpose; and shall continue until Where a law enforcement agency authorizes a (2) EMERGENCY LIGHTS.—The term ‘‘emergency the reason for recording ceases to exist. third party to act as its agent in maintaining lights’’ means oscillating, rotating, or flashing (4) ENFORCEMENT OR INVESTIGATIVE STOPS.—A body camera footage, the agent shall not be per- lights on patrol vehicles. Federal law enforcement officer shall record any mitted to independently access, view, or alter (3) ENFORCEMENT OR INVESTIGATIVE STOP.— enforcement or investigative stop. Audio record- any video footage, except to delete videos as re- The term ‘‘enforcement or investigative stop’’ ing shall terminate upon release of the violator quired by law or agency retention policies. means an action by a Federal law enforcement and prior to initiating a separate criminal inves- (s) ENFORCEMENT.— officer in relation to enforcement and investiga- tigation. (1) IN GENERAL.—If any Federal law enforce- tion duties, including traffic stops, pedestrian (c) RETENTION OF RECORDINGS.—Recordings ment officer, or any employee or agent of a Fed- stops, abandoned vehicle contacts, motorist as- made on in-car video camera recording medium eral law enforcement agency fails to adhere to sists, commercial motor vehicle stops, roadside shall be retained for a storage period of at least the recording or retention requirements con- safety checks, requests for identification, or re- 90 days. Under no circumstances shall any re- tained in this part, intentionally interferes with sponses to requests for emergency assistance. cording made on in-car video camera recording medium be altered or erased prior to the expira- a body camera’s ability to accurately capture (4) IN-CAR VIDEO CAMERA.—The term ‘‘in-car video footage, or otherwise manipulates the video camera’’ means a video camera located in tion of the designated storage period. Upon com- video footage captured by a body camera during a patrol vehicle. pletion of the storage period, the recording me- dium may be erased and reissued for operational or after its operation— (5) IN-CAR VIDEO CAMERA RECORDING EQUIP- use unless otherwise ordered or if designated for (A) appropriate disciplinary action shall be MENT.—The term ‘‘in-car video camera recording taken against the individual officer, employee, equipment’’ means a video camera recording evidentiary or training purposes. (d) ACCESSIBILITY OF RECORDINGS.—Audio or or agent; system located in a patrol vehicle consisting of video recordings made pursuant to this section (B) a rebuttable evidentiary presumption shall a camera assembly, recording mechanism, and be adopted in favor of a criminal defendant who shall be available under the applicable provi- an in-car video recording medium. sions of section 552a of title 5, United States reasonably asserts that exculpatory evidence (6) RECORDING.—The term ‘‘recording’’ means Code. Only recorded portions of the audio re- was destroyed or not captured; and the process of capturing data or information cording or video recording medium applicable to (C) a rebuttable evidentiary presumption shall stored on a recording medium as required under the request will be available for inspection or be adopted on behalf of a civil plaintiff suing this section. the Government, a Federal law enforcement copying. (7) RECORDING MEDIUM.—The term ‘‘recording (e) MAINTENANCE REQUIRED.—The agency agency, or a Federal law enforcement officer for medium’’ means any recording medium for the shall ensure proper care and maintenance of in- damages based on misconduct who reasonably retention and playback of recorded audio and car video camera recording equipment and re- asserts that evidence supporting their claim was video including VHS, DVD, hard drive, solid cording medium. An officer operating a patrol destroyed or not captured. state, digital, or flash memory technology. vehicle must immediately document and notify (2) PROOF COMPLIANCE WAS IMPOSSIBLE.—The (8) WIRELESS MICROPHONE.—The term ‘‘wire- the appropriate person of any technical difficul- disciplinary action requirement and rebuttable less microphone’’ means a device worn by a Fed- ties, failures, or problems with the in-car video presumptions described in paragraph (1) may be eral law enforcement officer or any other equip- camera recording equipment or recording me- overcome by contrary evidence or proof of exi- ment used to record conversations between the dium. Upon receiving notice, every reasonable gent circumstances that made compliance impos- officer and a second party and transmitted to effort shall be made to correct and repair any of sible. the recording equipment. the in-car video camera recording equipment or (t) USE OF FORCE INVESTIGATIONS.—In the (b) REQUIREMENTS.— recording medium and determine if it is in the case that a Federal law enforcement officer (1) IN GENERAL.—Each Federal law enforce- public interest to permit the use of the patrol ve- equipped with a body camera is involved in, a ment agency shall install in-car video camera hicle. witness to, or within viewable sight range of ei- recording equipment in all patrol vehicles with a SEC. 374. FACIAL RECOGNITION TECHNOLOGY. ther the use of force by another law enforcement recording medium capable of recording for a pe- No camera or recording device authorized or officer that results in a death, the use of force riod of 10 hours or more and capable of making required to be used under this part may be by another law enforcement officer, during audio recordings with the assistance of a wire- equipped with or employ facial recognition tech- which the discharge of a firearm results in an less microphone. nology, and footage from such a camera or re- injury, or the conduct of another law enforce- (2) RECORDING EQUIPMENT REQUIREMENTS.— cording device may not be subjected to facial ment officer that becomes the subject of a crimi- In-car video camera recording equipment with a recognition technology. nal investigation— recording medium capable of recording for a pe- (1) the law enforcement agency that employs riod of 10 hours or more shall record activities— SEC. 375. GAO STUDY. the law enforcement officer, or the agency or de- (A) whenever a patrol vehicle is assigned to Not later than 1 year after the date of enact- partment conducting the related criminal inves- patrol duty; ment of this Act, the Comptroller General of the tigation, as appropriate, shall promptly take (B) outside a patrol vehicle whenever— United States shall conduct a study on Federal possession of the body camera, and shall main- (i) a Federal law enforcement officer assigned law enforcement officer training, vehicle pur- tain such camera, and any data on such cam- that patrol vehicle is conducting an enforcement suits, use of force, and interaction with citizens, era, in accordance with the applicable rules or investigative stop; and submit a report on such study to— governing the preservation of evidence; (ii) patrol vehicle emergency lights are acti- (1) the Committees on the Judiciary of the (2) a copy of the data on such body camera vated or would otherwise be activated if not for House of Representatives and of the Senate; (2) the Committee on Oversight and Reform of shall be made in accordance with prevailing fo- the need to conceal the presence of law enforce- the House of Representatives; and rensic standards for data collection and repro- ment; or (3) the Committee on Homeland Security and duction; and (iii) an officer reasonably believes recording Governmental Affairs of the Senate. (3) such copied data shall be made available may assist with prosecution, enhance safety, or to the public in accordance with subsection (l). for any other lawful purpose; and SEC. 376. REGULATIONS. Not later than 6 months after the date of the (u) LIMITATION ON USE OF FOOTAGE AS EVI- (C) inside the vehicle when transporting an enactment of this Act, the Attorney General DENCE.—Any body camera video footage re- arrestee or when an officer reasonably believes shall issue such final regulations as are nec- corded by a Federal law enforcement officer recording may assist with prosecution, enhance essary to carry out this part. that violates this part or any other applicable safety, or for any other lawful purpose. law may not be offered as evidence by any gov- (3) REQUIREMENTS FOR RECORDING.— SEC. 377. RULE OF CONSTRUCTION. ernment entity, agency, department, prosecu- (A) IN GENERAL.—A Federal law enforcement Nothing in this part shall be construed to im- torial office, or any other subdivision thereof in officer shall begin recording for an enforcement pose any requirement on a Federal law enforce- any criminal or civil action or proceeding or investigative stop when the officer determines ment officer outside of the course of carrying against any member of the public. an enforcement stop is necessary and shall con- out that officer’s duty. (v) PUBLICATION OF AGENCY POLICIES.—Any tinue until the enforcement action has been PART 2—POLICE CAMERA ACT Federal law enforcement agency policy or other completed and the subject of the enforcement or SEC. 381. SHORT TITLE. guidance regarding body cameras, their use, or investigative stop or the officer has left the This part may be cited as the ‘‘Police Creating the video footage therefrom that is adopted by a scene. Accountability by Making Effective Recording

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 6333 E:\CR\FM\A25JN7.001 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE H2452 CONGRESSIONAL RECORD — HOUSE June 25, 2020 Available Act of 2020’’ or the ‘‘Police CAMERA ‘‘(B) a law enforcement officer who is wearing enactment of this part, each recipient of a grant Act of 2020’’. a body-worn camera to obtain consent to be re- under subpart 1 of part E of this title shall sub- SEC. 382. LAW ENFORCEMENT BODY-WORN CAM- corded from a crime victim or witness before mit to the Director of the Office of Audit, As- ERA REQUIREMENTS. interviewing the victim or witness; sessment, and Management a report that— (a) USE OF FUNDS REQUIREMENT.—Section ‘‘(C) the collection of recorded data unrelated ‘‘(A) describes the progress of the body-worn 502(a) of title I of the Omnibus Crime Control to a legitimate law enforcement purpose be mini- camera program; and and Safe Streets Act of 1968 (34 U.S.C. 10153(a)), mized to the greatest extent practicable; ‘‘(B) contains recommendations on ways in as amended by section 334, is amended by add- ‘‘(D) the system used to store recorded data which the Federal Government, States, and ing at the end the following: collected by body-worn cameras to log all view- units of local government can further support ‘‘(10) An assurance that, for each fiscal year ing, modification, or deletion of stored recorded the implementation of the program. covered by an application, the applicant will data and to prevent, to the greatest extent prac- ‘‘(3) REVIEW.—The Director of the Office of use not less than 5 percent of the total amount ticable, the unauthorized access or disclosure of Audit, Assessment, and Management shall of the grant award for the fiscal year to develop stored recorded data; evaluate the policies and protocols of the grant- policies and protocols in compliance with part ‘‘(E) any law enforcement officer be prohib- ees and take such steps as the Director of the OO.’’. ited from accessing the stored data without an Office of Audit, Assessment, and Management (b) REQUIREMENTS.—Title I of the Omnibus authorized purpose; and determines necessary to ensure compliance with Crime Control and Safe Streets Act of 1968 (34 ‘‘(F) the law enforcement agency to collect the program. U.S.C. 10101 et seq.) is amended by adding at and report statistical data on— ‘‘SEC. 3052. BODY-WORN CAMERA TRAINING TOOL- the end the following: ‘‘(i) incidences of use of force, disaggregated KIT. by race, ethnicity, gender, and age of the victim; ‘‘(a) IN GENERAL.—The Director shall estab- ‘‘PART OO—LAW ENFORCEMENT BODY- ‘‘(ii) the number of complaints filed against WORN CAMERAS AND RECORDED DATA lish and maintain a body-worn camera training law enforcement officers; toolkit for law enforcement agencies, academia, ‘‘SEC. 3051. USE OF GRANT FUNDS. ‘‘(iii) the disposition of complaints filed and other relevant entities to provide training ‘‘(a) IN GENERAL.—Grant amounts described against law enforcement officers; and technical assistance, including best prac- in paragraph (10) of section 502(a) of this title— ‘‘(iv) the number of times camera footage is tices for implementation, model policies and pro- ‘‘(1) shall be used— used for evidence collection in investigations of cedures, and research materials. ‘‘(A) to purchase or lease body-worn cameras crimes; and ‘‘(b) MECHANISM.—In establishing the toolkit for use by State, local, and tribal law enforce- ‘‘(v) any other additional statistical data that required to under subsection (a), the Director ment officers (as defined in section 2503); the Director determines should be collected and may consolidate research, practices, templates, ‘‘(B) for expenses related to the implementa- reported; and tools that been developed by expert and law tion of a body-worn camera program in order to ‘‘(2) allows an individual to file a complaint enforcement agencies across the country. deter excessive force, improve accountability with a law enforcement agency relating to the and transparency of use of force by law enforce- improper use of body-worn cameras; and ‘‘SEC. 3053. STUDY. ment officers, assist in responding to complaints ‘‘(3) complies with any other requirements es- ‘‘(a) IN GENERAL.—Not later than 2 years against law enforcement officers, and improve tablished by the Director. after the date of enactment of the Police CAM- evidence collection; and ‘‘(e) REPORTING.—Statistical data required to ERA Act of 2020, the Director shall conduct a ‘‘(C) to implement policies or procedures to be collected under subsection (d)(1)(D) shall be study on— comply with the requirements described in sub- reported to the Director, who shall— ‘‘(1) the efficacy of body-worn cameras in de- section (b); and ‘‘(1) establish a standardized reporting system terring excessive force by law enforcement offi- ‘‘(2) may not be used for expenses related to for statistical data collected under this program; cers; facial recognition technology. and ‘‘(2) the impact of body-worn cameras on the ‘‘(b) REQUIREMENTS.—A recipient of a grant ‘‘(2) establish a national database of statis- accountability and transparency of the use of under subpart 1 of part E of this title shall— tical data recorded under this program. force by law enforcement officers; ‘‘(1) establish policies and procedures in ac- ‘‘(f) USE OR TRANSFER OF RECORDED DATA.— ‘‘(3) the impact of body-worn cameras on re- cordance with the requirements described in ‘‘(1) IN GENERAL.—Recorded data collected by sponses to and adjudications of complaints of subsection (c) before law enforcement officers an entity receiving a grant under a grant under excessive force; use of body-worn cameras; subpart 1 of part E of this title from a body- ‘‘(4) the effect of the use of body-worn cam- ‘‘(2) adopt recorded data collection and reten- worn camera shall be used only in internal and eras on the safety of law enforcement officers on tion protocols as described in subsection (d) be- external investigations of misconduct by a law patrol; fore law enforcement officers use of body-worn enforcement agency or officer, if there is reason- ‘‘(5) the effect of the use of body-worn cam- cameras; able suspicion that a recording contains evi- eras on public safety; ‘‘(3) make the policies and protocols described dence of a crime, or for limited training pur- ‘‘(6) the impact of body-worn cameras on evi- in paragraphs (1) and (2) available to the pub- poses. The Director shall establish rules to en- dence collection for criminal investigations; ‘‘(7) issues relating to the secure storage and lic; and sure that the recorded data is used only for the ‘‘(4) comply with the requirements for use of purposes described in this paragraph. handling of recorded data from the body-worn recorded data under subsection (f). ‘‘(2) PROHIBITION ON TRANSFER.—Except as cameras; ‘‘(8) issues relating to the privacy of individ- ‘‘(c) REQUIRED POLICIES AND PROCEDURES.—A provided in paragraph (3), an entity receiving a recipient of a grant under subpart 1 of part E of grant under subpart 1 of part E of this title may uals and officers recorded on body-worn cam- this title shall— not transfer any recorded data collected by the eras; ‘‘(9) issues relating to the constitutional rights ‘‘(1) develop with community input and pub- entity from a body-worn camera to another law of individuals on whom facial recognition tech- lish for public view policies and protocols for— enforcement or intelligence agency. nology is used; ‘‘(A) the safe and effective use of body-worn ‘‘(3) EXCEPTIONS.— ‘‘(10) issues relating to limitations on the use cameras; ‘‘(A) CRIMINAL INVESTIGATION.—An entity re- ‘‘(B) the secure storage, handling, and de- ceiving a grant under subpart 1 of part E of this of facial recognition technology; ‘‘(11) issues relating to the public’s access to struction of recorded data collected by body- title may transfer recorded data collected by the body-worn camera footage; worn cameras; entity from a body-worn camera to another law ‘‘(12) the need for proper training of law en- ‘‘(C) protecting the privacy rights of any indi- enforcement agency or intelligence agency for forcement officers that use body-worn cameras; vidual who may be recorded by a body-worn use in a criminal investigation if the requesting ‘‘(13) best practices in the development of pro- camera; law enforcement or intelligence agency has rea- tocols for the safe and effective use of body- ‘‘(D) the release of any recorded data col- sonable suspicion that the requested data con- worn cameras; lected by a body-worn camera in accordance tains evidence relating to the crime being inves- ‘‘(14) a review of law enforcement agencies with the open records laws, if any, of the State; tigated. that found body-worn cameras to be unhelpful and ‘‘(B) CIVIL RIGHTS CLAIMS.—An entity receiv- in the operations of the agencies; and ‘‘(E) making recorded data available to pros- ing a grant under subpart 1 of part E of this ‘‘(15) any other factors that the Director de- ecutors, defense attorneys, and other officers of title may transfer recorded data collected by the termines are relevant in evaluating the efficacy the court in accordance with subparagraph (E); law enforcement agency from a body-worn cam- of body-worn cameras. and era to another law enforcement agency for use ‘‘(b) REPORT.—Not later than 180 days after ‘‘(2) conduct periodic evaluations of the secu- in an investigation of the violation of any right, the date on which the study required under sub- rity of the storage and handling of the body- privilege, or immunity secured or protected by section (a) is completed, the Director shall sub- worn camera data. the Constitution or laws of the United States. mit to Congress a report on the study, which ‘‘(d) RECORDED DATA COLLECTION AND RETEN- ‘‘(g) AUDIT AND ASSESSMENT.— shall include any policy recommendations that TION PROTOCOL.—The recorded data collection ‘‘(1) IN GENERAL.—Not later than 2 years after the Director considers appropriate.’’. and retention protocol described in this para- the date of enactment of this part, the Director graph is a protocol that— of the Office of Audit, Assessment, and Manage- TITLE IV—CLOSING THE LAW ‘‘(1) requires— ment shall perform an assessment of the use of ENFORCEMENT CONSENT LOOPHOLE ‘‘(A) a law enforcement officer who is wearing funds under this section and the policies and SEC. 401. SHORT TITLE. a body-worn camera to provide an explanation protocols of the grantees. This title may be cited as the ‘‘Closing the if an activity that is required to be recorded by ‘‘(2) REPORTS.—Not later than September 1 of Law Enforcement Consent Loophole Act of the body-worn camera is not recorded; each year, beginning 2 years after the date of 2019’’.

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 6333 E:\CR\FM\A25JN7.001 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE June 25, 2020 CONGRESSIONAL RECORD — HOUSE H2453 SEC. 402. PROHIBITION ON ENGAGING IN SEXUAL (2) the disposition of each case in which sex- world, the streets are lined with pro- ACTS WHILE ACTING UNDER COLOR ual misconduct by a person acting under color testers demanding fundamental change OF LAW. of law was reported during the previous year. (a) IN GENERAL.—Section 2243 of title 18, in the culture of law enforcement and SEC. 404. REPORTS TO CONGRESS. United States Code, is amended— meaningful accountability for officers (a) REPORT BY ATTORNEY GENERAL.—Not later (1) in the section heading, by adding at the who commit misconduct. Today, we an- than 1 year after the date of enactment of this end the following: ‘‘or by any person acting swer their call. Act, and each year thereafter, the Attorney under color of law’’; We value and respect the many brave General shall submit to Congress a report con- (2) by redesignating subsections (c) and (d) as and honorable police officers who put subsections (d) and (e), respectively; taining— (1) the information required to be reported to their lives on the line every day to pro- (3) by inserting after subsection (b) the fol- tect us and our communities. We know lowing: the Attorney General under section 403(b); and that most law enforcement officers do ‘‘(c) OFANINDIVIDUAL BY ANY PERSON ACT- (2) information on— ING UNDER COLOR OF LAW.— (A) the number of reports made, during the their jobs with dignity, selflessness, ‘‘(1) IN GENERAL.—Whoever, acting under previous year, to Federal law enforcement agen- and honor, and they are deserving of color of law, knowingly engages in a sexual act cies regarding persons engaging in a sexual act our respect and gratitude for all they with an individual, including an individual who while acting under color of law; and do to keep us safe. is under arrest, in detention, or otherwise in the (B) the disposition of each case in which sex- But we must also acknowledge that ual misconduct by a person acting under color actual custody of any Federal law enforcement there are too many exceptions. Too officer, shall be fined under this title, impris- of law was reported. (b) REPORT BY GAO.—Not later than 1 year many law enforcement officers do not oned not more than 15 years, or both. uphold the ethic of protecting and serv- ‘‘(2) DEFINITION.—In this subsection, the term after the date of enactment of this Act, and ‘sexual act’ has the meaning given the term in each year thereafter, the Comptroller General of ing their community. Instead, the re- section 2246.’’; and the United States shall submit to Congress a re- ality for too many Americans—espe- (4) in subsection (d), as so redesignated, by port on any violations of section 2243(c) of title cially for too many African Ameri- adding at the end the following: 18, United States Code, as amended by section cans—is that police officers are per- ‘‘(3) In a prosecution under subsection (c), it 402, committed during the 1-year period covered ceived as a threat to their liberties, to by the report. is not a defense that the other individual con- their dignity, and, all too often, to SEC. 405. DEFINITION. sented to the sexual act.’’. their safety. (b) DEFINITION.—Section 2246 of title 18, In this title, the term ‘‘sexual act’’ has the United States Code, is amended— meaning given the term in section 2246 of title To those who do not believe it, look (1) in paragraph (5), by striking ‘‘and’’ at the 18, United States Code. at these tragic statistics. African Americans are more than twice as like- end; TITLE V—MISCELLANEOUS PROVISIONS (2) in paragraph (6), by striking the period at ly to be shot and killed by police each the end and inserting ‘‘; and’’; and SEC. 501. SEVERABILITY. year, and Black men between the ages (3) by inserting after paragraph (6) the fol- If any provision of this Act, or the application of such a provision to any person or cir- of 15 and 34 are approximately 10 times lowing: more likely to be killed by police than ‘‘(7) the term ‘Federal law enforcement officer’ cumstance, is held to be unconstitutional, the has the meaning given the term in section 115.’’. remainder of this Act and the application of the other Americans. (c) CLERICAL AMENDMENT.—The table of sec- remaining provisions of this Act to any person This is not a new problem. Our coun- tions for chapter 109A of title 18, United States or circumstance shall not be affected thereby. try’s history of racism and racially mo- Code, is amended by amending the item related SEC. 502. SAVINGS CLAUSE. tivated violence is rooted in the origi- to section 2243 to read as follows: Nothing in this Act shall be construed— nal sin of slavery, lynchings, and Jim ‘‘2243. Sexual abuse of a minor or ward or by (1) to limit legal or administrative remedies Crow, and systemic racism continues any person acting under color of under section 1979 of the Revised Statutes of the to haunt our Nation. We see it in the law.’’. United States (42 U.S.C. 1983), section 210401 of rates of COVID deaths, in our system SEC. 403. ENACTMENT OF LAWS PENALIZING EN- the Violent Crime Control and Law Enforcement of mass incarceration, and in the vast Act of 1994 (34 U.S.C. 12601), title I of the Omni- GAGING IN SEXUAL ACTS WHILE chasm of economic inequality, all of ACTING UNDER COLOR OF LAW. bus Crime Control and Safe Streets Act of 1968 which fall disproportionately on the (a) IN GENERAL.—Beginning in the first fiscal (34 U.S.C. 10101 et seq.), or title VI of the Civil year that begins after the date that is one year Rights Act of 1964 (42 U.S.C. 2000d et seq.); backs of African Americans. We see it after the date of enactment of this Act, in the (2) to affect any Federal, State, or Tribal law in the harassment and excessive force case of a State or unit of local government that that applies to an Indian Tribe because of the that people of color routinely face by does not have in effect a law described in sub- political status of the Tribe; or far too many of our police officers. section (b), if that State or unit of local govern- (3) to waive the sovereign immunity of an In- An unmistakable message has been ment that would otherwise receive funds under dian Tribe without the consent of the Tribe. sent to African Americans in this coun- the COPS grant program, that State or unit of The SPEAKER pro tempore. The bill, try that they are second class citizens local government shall not be eligible to receive as amended, shall be debatable for 4 and that their lives are somehow of such funds. In the case of a multi-jurisdictional hours, equally divided among and con- or regional consortium, if any member of that less value. Well, let me state clearly consortium is a State or unit of local govern- trolled by the chair and ranking minor- and unequivocally that Black lives ment that does not have in effect a law de- ity member of the Committee on the matter. scribed in subsection (b), if that consortium Judiciary. George Floyd mattered. would otherwise receive funds under the COPS The gentleman from New York (Mr. Breonna Taylor mattered. grant program, that consortium shall not be eli- NADLER) and the gentleman from Ohio Eric Garner mattered. gible to receive such funds. (Mr. JORDAN) each will control 2 hours. Amadou Diallo mattered. (b) DESCRIPTION OF LAW.—A law described in The Chair recognizes the gentleman Tamir Rice mattered. this subsection is a law that— from New York. Walter Scott mattered. (1) makes it a criminal offense for any person Laquan McDonald and so many oth- acting under color of law of the State or unit of GENERAL LEAVE ers mattered. local government to engage in a sexual act with Mr. NADLER. Madam Speaker, I ask Rayshard Brooks mattered, and the an individual, including an individual who is unanimous consent that all Members countless other people who have lost under arrest, in detention, or otherwise in the may have 5 legislative days in which to their lives at the hands of law enforce- actual custody of any law enforcement officer; revise and extend their remarks and in- and ment mattered. (2) prohibits a person charged with an offense sert extraneous material on H.R. 7120. For far too long, pleas for justice and described in paragraph (1) from asserting the The SPEAKER pro tempore. Is there reform have fallen on deaf ears in Con- consent of the other individual as a defense. objection to the request of the gen- gress. But that changes today. The (c) REPORTING REQUIREMENT.—A State or unit tleman from New York? George Floyd Justice in Policing Act of local government that receives a grant under There was no objection. would finally allow for meaningful ac- the COPS grant program shall submit to the At- Mr. NADLER. Madam Speaker, I countability in cases of police mis- torney General, on an annual basis, information yield myself such time as I may con- conduct, and it would begin the process on— sume. (1) the number of reports made to law enforce- of reimagining policing in the 21st cen- ment agencies in that State or unit of local gov- Madam Speaker, the tragic and bru- tury. ernment regarding persons engaging in a sexual tal death of George Floyd has been a This legislation makes it easier for act while acting under color of law during the wake-up call for millions of Americans. the Federal Government to success- previous year; and Across the Nation and around the fully prosecute police misconduct

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.001 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE H2454 CONGRESSIONAL RECORD — HOUSE June 25, 2020 cases. It effectively bans chokeholds, section 365 of the bill contains provisions HOUSE OF REPRESENTATIVES, ends racial and religious profiling, en- that fall within the jurisdiction of the Com- COMMITTEE ON ENERGY AND COMMERCE, courages prosecutions independent mittee on Armed Services. I acknowledge Washington, DC, June 24, 2020. from local police, and eliminates the that your Committee will not formally con- Hon. JERROLD NADLER, sider H.R. 7120 and agree that the inaction of Chair, Committee on Judiciary, dubious court-made doctrine of quali- your Committee with respect to the bill does Washington, DC. fied immunity in civil rights lawsuits not waive any future jurisdictional claim DEAR CHAIRMAN NADLER: I write con- against law enforcement officers. over the matters contained in H.R. 7120 cerning H.R. 7120, the ‘‘Justice in Policing At the same time, it works to pre- which fall within your Committee’s Rule X Act of 2020,’’ which was additionally referred vent police violence and bias through a jurisdiction. to the Committee on Energy and Commerce (Committee). series of front-end approaches aimed at I will ensure that our exchange of letters is In recognition of the desire to expedite encouraging departments to meet a included in the Congressional Record during consideration of H.R. 7120, the Committee gold standard in training, hiring, de-es- floor consideration of the bill. I appreciate agrees to waive formal consideration of the your cooperation regarding this legislation calation strategies, bystander duty, bill as to provisions that fall within the Rule and look forward to continuing to work with use of body cameras, and other best X jurisdiction of the Committee. The Com- you as this measure moves through the legis- practices. mittee takes this action with the mutual un- lative process. The bill also ends no-knock warrants derstanding that we do not waive any juris- Sincerely. in drug cases, stops the militarization diction over the subject matter contained in JERROLD NADLER, of local policing, and requires the col- this or similar legislation, and that the Com- Chairman. lection of data on a number of key po- mittee will be appropriately consulted and licing matters which would be made involved as this bill or similar legislation public, including the first ever national HOUSE OF REPRESENTATIVES, moves forward so that we may address any COMMITTEE ON ARMED SERVICES, database on police misconduct inci- remaining issues within our jurisdiction. I Washington, DC, June 19, 2020. also request that you support my request to dents to prevent the movement of dan- Hon. JERROLD NADLER, name members of the Committee to any con- gerous officers from department to de- Chairman, Committee on the Judiciary, House ference committee to consider such provi- partment. of Representatives, Washington, DC. sions. It also creates a new grant program DEAR CHAIRMAN NADLER: I am writing to Finally, I would appreciate the inclusion of for community-based organizations to you concerning H.R. 7120, the ‘‘Justice in Po- this letter into the Congressional Record create local commissions and task licing Act of 2020.’’ There are certain provi- during floor consideration of H.R. 7120. forces on policing innovation to re- sions in this legislation that fall within the Sincerely, imagine how public safety could work Rule X jurisdiction of the Armed Services FRANK PALLONE, Jr. Chairman. in a truly equitable and just way in Committee. each community. In the interest of permitting your Com- Mr. JORDAN. Madam Speaker, I I want to thank the sponsor of this mittee to proceed expeditiously to floor con- yield myself such time as I may con- legislation, the gentlewoman from sideration of this important bill, we will not sume. California (Ms. BASS), for her tremen- formally consider H.R. 7120. We do so with Madam Speaker, what happened to dous work in crafting a bill that is at the understanding that by waiving consider- George Floyd last month in Min- once bold and transformative, while ation of the bill, the Committee on Armed neapolis was tragic, horrific, and as Services does not waive any future jurisdic- wrong as wrong could be. His family also taking a responsible and balanced tional claims over the subject matters con- approach to the many complicated deserved justice, and I hope they get tained in the bill which fall within its Rule that swiftly. Bad police officers must issues associated with policing. X jurisdiction. be held accountable for their mis- I also want to thank the activists Please ensure that our exchange of letters across the country who are leading the conduct, and justice must be carried is included in the Congressional Record dur- out. protests. It is because of you that we ing floor consideration of the bill. Thank you are here today considering the most for the cooperative spirit in which you have While we focus on rooting out the significant reforms to policing in a worked regarding this matter and others be- bad apples, we need to remember that generation. It is because of your en- tween our respective Committees. the overwhelming majority of law en- ergy, your determination, and your de- Sincerely, forcement officers are good people who mands for justice that the Nation has ADAM SMITH, put themselves in harm’s way to keep Chairman. awakened to the need for action. the rest of us safe. I know that everyone in this Cham- We need meaningful legislation that ber mourns those who have lost their HOUSE OF REPRESENTATIVES, increases training, ensures trans- lives at the hands of law enforcement. COMMITTEE ON THE JUDICIARY, parency, holds everyone accountable, Washington, DC, June 24, 2020. But today is our opportunity to offer and guarantees that tragedies similar Hon. FRANK PALLONE, Jr., more than just sympathy. Today is our to what happened in Minneapolis don’t Chairman, Committee on Energy and Commerce, happen again. opportunity to show the world that we House of Representatives, Washington, DC. are listening and that we will respond This moment in our great Nation’s DEAR CHAIRMAN PALLONE: I am writing to with real and lasting reforms. history demands that we work together you concerning section 362 of H.R. 7120, the across the aisle to fashion legislation Thoughts and prayers are not ‘‘Justice in Policing Act of 2020.’’ enough. Pledges to study the problem that works, legislation that actually I appreciate your willingness to work coop- makes a real and lasting difference. are not enough. Half measures are not eratively on this legislation. I recognize that enough. Pretend sham measures are Unfortunately, Democrats haven’t section 362 of the bill contains provisions done that, and they show no sign of not enough. that fall within the jurisdiction of the Com- We must not let this moment slip mittee on Energy and Commerce. I acknowl- wanting to do that. They didn’t consult away. If we do, it will be a terrible edge that your Committee will not formally us when they put together this legisla- stain on our legacy. consider H.R. 7120 and agree that the inac- tion. Madam Speaker, I urge all of my col- tion of your Committee with respect to the In committee just last week, Repub- leagues to support this vital legisla- bill does not waive any future jurisdictional licans offered 12 thoughtful and good tion, and I reserve the balance of my claim over the matters contained in H.R. amendments, every single one voted 7120 which fall within your Committee’s Rule down—every single one. time. X jurisdiction. HOUSE OF REPRESENTATIVES, In the Senate just yesterday, Demo- COMMITTEE ON THE JUDICIARY, I will ensure that our exchange of letters is crats voted to not even debate a com- Washington, DC, June 18. 2020. included in the Congressional Record during monsense proposal put forward by Sen- Hon. ADAM SMITH, floor consideration of the bill. I appreciate ator SCOTT. Chairman, Committee on Armed Services, House your cooperation regarding this legislation Now, it is interesting. There was of Representatives, Washington, DC. and look forward to continuing to work with some bipartisan support for moving to you as this measure moves through the legis- DEAR CHAIRMAN SMITH: I am writing to you debate. Two Democrats and one Inde- concerning section 365 of H.R. 7120, the ‘‘Jus- lative process. tice in Policing Act of 2020.’’ Sincerely, pendent voted with the Republicans, I appreciate your willingness to work coop- JERROLD NADLER, yet Democrats chose partisanship over eratively on this legislation. I recognize that Chairman. real reform.

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.037 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE June 25, 2020 CONGRESSIONAL RECORD — HOUSE H2455 We need reform, but House Demo- That is what is also in the President’s cronies, like Roger Stone and Michael crats have delivered a bill that is de- executive order, this in addition to his Flynn, can lie to Federal investigators signed to keep cops in the car; and many achievements over the past 31⁄2 only to receive a get-out-of-jail free when you do that, it makes our com- years, including record low unemploy- card from the President’s protector, munities less safe by preventing good ment, a booming economy, the 2017 tax Attorney General William Barr. But on law enforcement officers from being cuts, the USMCA, the FIRST STEP the other hand, regular Black folks, able to do their job. That is what this Act, and the list goes on and on. like George Floyd and Rayshard bill is going to do. Now is not the time Senator SCOTT’s bill, which as I said Brooks—accosted for broken-taillight to cripple the men and women who so Mr. STAUBER introduced in the House, types of offenses—get executed by the selflessly serve our communities. also gets to the heart of the issue with- police acting as judge, jury, and execu- This bill has serious due process con- out hamstringing the men and women tioner. cerns for law enforcement officers. who faithfully serve our communities. The only way that Congress can Bad officers must be held account- It focuses on training, accountability, prove to the American people that we able for their crimes. No one disputes and transparency. believe that Black lives matter is for that. But this bill would punish It provides additional training for all of us—Republicans and Democrats unadjudicated allegations against offi- our law enforcement officers in de-es- alike—to take legislative action, to cers, including officers who may be in- calation tactics and the duty to inter- stop police from brutalizing and killing nocent of those allegations. vene when an officer is observing ex- Black people—not tomorrow, not next This bill will make our law enforce- cessive use of force. It provides more year. Now. ment officers less safe by prohibiting funding for body cameras and for the Madam Speaker, in the name of Mi- them from obtaining surplus equip- storage of the footage. chael Brown and the citizens of Fer- ment from our Federal Government. It prevents bad officers from going guson, Missouri, let’s demilitarize po- We had an amendment in the com- from department to department and lice departments. In the name of Breonna Taylor and mittee that says: What about just al- creates an enhanced penalty for the Kathryn Johnston, let’s ban no-knock lowing folks on the border dealing with falsifying of police reports. It is a bill the cartels, dealing with the terrorists warrants. that has the right answers and a bill In the name of George Floyd and Eric they deal with down there, what about that should pass the Senate and get letting those law enforcement agencies Garner, let’s ban chokeholds and make signed into law by the President. it easier for police departments to fire have access to surplus military equip- Now is the time for us to come to- ment? Democrats said no. That was bad cops. gether as Americans and continue to In the name of Tamir Rice, let’s one of the 12 amendments they said no make this country the greatest nation enact a national registry of bad cops. to. ever. Madam Speaker, for the people of the This equipment allows officers to Madam Speaker, I urge my col- United States demanding action, let’s protect themselves and the commu- leagues to oppose this bill, and I re- pass the George Floyd Justice in Polic- nities they serve. For example, ar- serve the balance of my time. ing Act now. mored vehicles in Texas were used to Mr. NADLER. Madam Speaker, Mr. Mr. JORDAN. Madam Speaker, I rescue people from rising floodwaters JORDAN is correct. The Democrats in would just point out, the chairman of during Hurricane Harvey, and helmets the Senate did indeed oppose the Re- the committee said that Democrats re- saved the lives of officers who were publican bill because that bill is a jected Senator SCOTT’s bill yesterday. shot at while responding to the ter- sham designed to look as if it is doing Not all of them. Not all of them. A cou- rorist attack at the Pulse nightclub in something, designed to look as if it is ple of them voted for it—bipartisan Orlando in 2016. having some reform while, in fact, support. In fact, that is the only pro- And this bill does nothing to address doing nothing, just more sham and just posal that has bipartisan support right the calls for defunding and dismantling more sham histrionics designed to now—Senator SCOTT’s bill. In fact, it police departments. Frankly, I have make sure that nothing real passes and has tri-partisan support because one of never heard such a crazy idea. This that nothing changes. the Independents in the Senate voted concept, the most insane public policy Madam Speaker, I yield 3 minutes to for it. So it is not accurate to try to proposal I have ever heard—and I have the distinguished gentleman from characterize Senator SCOTT’s legisla- been in politics a few years—will cer- Georgia (Mr. JOHNSON). tion the way the chairman did. tainly make our communities less safe. Mr. JOHNSON of Georgia. Madam Madam Speaker, I yield 4 minutes to It is a real failure of leadership that Speaker, I thank the chairman. the distinguished gentleman from the Speaker and the chairman chose Madam Speaker, I rise in support of North Carolina (Mr. HUDSON). not to even seek any Republican con- the George Floyd Justice in Policing Mr. HUDSON. Madam Speaker, I sensus, any Republican input on the Act because Black lives matter. thank the gentleman for yielding me legislation. Rather than working with Police killed George Floyd over a the time and for his tremendous work us in the House to put forward mean- counterfeit $20 bill as if his life didn’t on this issue. ingful bipartisan solutions, Democrats matter. Madam Speaker, I am disappointed. I have rushed this bill to the floor and Police in Atlanta, Georgia, killed am disappointed by the fact that we have put forward extreme measures, Rayshard Brooks for running away as had an opportunity today to make real knowing these measures will not pass if his life didn’t matter. bipartisan and meaningful reform. Yet, the Senate and will not get to the Breonna Taylor, Kathryn Johnston, that is not the bill that is before us President’s desk. Tamir Rice, Walter Scott, Philando today. Just last week, we held a markup for Castile, Eric Garner, and a long list of I am disappointed the Democrat lead- this bill. As I said, every single one of others, each killed by police and ership seems more interested in pass- the Republican amendments were re- robbed of their constitutional right to ing a bill through the House than hav- jected by my Democrat colleagues, all due process. ing actual solutions signed into law. 12 of them. And I am disappointed the bill before Fortunately, President Trump has b 1345 us today punishes good police officers. led the way and signed an executive None of these notorious killings Madam Speaker, this is very personal order last week that will invest more moved Congress to act. It took regular to me. One month ago, my community energy and resources in police training, folks of all races, creeds, and colors lost one of our own. George Floyd was recruiting, and community engage- taking to the streets in every part of born in Fayetteville, and members of ment. We have consulted with many of this country, even in the face of a glob- his family still live in our community. the law enforcement folks on our side, al pandemic, to tell the world that we I was honored to be asked to speak at like the sponsor of our legislation, Mr. have had enough of police killing Black his memorial service, where I promised STAUBER, 20 years as a commander in folks. Our people need to know that we his family and our community that I the Duluth Police Department. That hear them. And Congress knows that would work to create real and mean- community engagement is essential. on the one hand, President Trump’s ingful reform.

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.038 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE H2456 CONGRESSIONAL RECORD — HOUSE June 25, 2020 After listening to many leaders in Mr. NADLER. Madam Speaker, I broken process by which it was pro- our community, as well as talking to yield 3 minutes to the gentleman from duced. As we have all agreed, the issue many here in Congress, it became clear Tennessee (Mr. COHEN). of updating and reforming the way in that there is a lot that Republican and Mr. COHEN. Madam Speaker, I rise which our communities are policed and Democrats agree on: We agree on ban- today in strong support of the George strengthening the relationship between ning chokeholds, increasing police ac- Floyd Justice in Policing Act. those brave Americans who serve us in countability, and information-sharing, Mr. HUDSON is my friend. I think the uniform and the communities they improving training, reforming no- world of Mr. HUDSON, but Mr. HUDSON serve are matters of critical impor- knock warrants, and increasing the use wasn’t in the markup or the hearing of tance. of body cameras. the Committee on the Judiciary on The people of this country expect and The reality of our divided govern- this bill. And what they would have deserve the Members of this body to ment is that for any legislation to be- seen is what I saw and what I put into rise to this occasion and work together come law, it has to pass the Democrat- the Hill publication today. to find common ground on solutions controlled House, the Republican-con- I saw shams. I saw ruses. I saw them that will preserve the civil liberties of trolled Senate, and be signed by the bringing up antifa. I saw them bringing all people and protect and honor the le- Republican President. The Democrats up ‘‘Russia hoax,’’ bringing up Michael gitimacy of law enforcement. These are introduced this legislation with no Flynn. They brought up abortion. They not mutually exclusive pursuits. input from Republicans. It jammed it didn’t talk about George Floyd. They Madam Speaker, at our hearing in through the committee without accept- didn’t talk about attacks on African the Committee on the Judiciary 2 ing any constructive input or amend- Americans. They didn’t talk about jus- weeks ago, you heard a little bit about ments. tice and making it better. They that. Now, many Republican amendments brought up sham issues to try to divert It is interesting the lens by which we would have strengthened this bill—like the American people’s eyes to what is see this. Anybody who watched that, I increasing the penalty for lynching and the Trump train propaganda machine. think they could see that we all heard blocking unions from protecting bad And they were on it. moving testimony. George Floyd’s brother, Philonise, cops. This bill also removes qualified They brought up the sister of a slain was there. He testified in a very mov- immunity for police officers. That officer in Oakland thinking that they ing way. Their family attorney was means any police officer can be were going to change the narrative to there, and a panel of experts that we dragged into civil court by any dis- the protesters and, really, the rioters. all heard from. Well, it turned out it was a boogaloo gruntled person they ever come in con- At that committee hearing, I, and all tact with. member; people who are white, many my Republican colleagues in the mark- Madam Speaker, we all agree bad are white supremacist, and they want up that followed, expressed our sincere cops shouldn’t be able to hide behind civil war in this country for who killed desire to work together and find com- qualified immunity. Representative that officer and then within a week mon ground with the Democrat major- BEN CLINE and I introduced an amend- killed a sheriff in Santa Cruz. You ity to solve these problems. We all ment that would have earned the sup- don’t ever hear them mention agreed on the core reform issues. port of a majority of this House and boogaloo. They bring up antifa. And We talked a lot about transparency would have solved this problem, but there is nothing about antifa to be in- and improving training and improving the Democrats wouldn’t allow it. Now, volved in any of these protests. It is termination ability for those rare indi- why would they do that? unfortunate what we have seen. viduals who serve in law enforcement Madam Speaker, my colleagues This is a good bill. Its time is now. It and violate the law, and the legitimacy across the aisle may have the votes to collects data on bad cops so other po- that upholds the character of our legal pass this measure in the House, but lice departments will know about it. It system. this legislation is already dead on ar- collects data on the use of deadly force. We could have built consensus rival in the Senate, and the President It prohibits chokeholds. It makes re- around those and other key ideas to re- would never sign it. forms on deadly-force usage. It sets up store faith in our institutions and build They would say to the families who an independent system of judgment on trust in our communities. But, unfor- mourn the loss of life, they would say officers where there won’t be home tunately, just 10 days after introduc- to the people who march for justice, cooking and hand-in-glove law, as it tion of the bill, the majority marked that 100 percent of nothing is better has been currently, and there will be up the final version that we are voting than 80 percent of what they propose in better training: Racial bias and de-es- on today without any opportunity for this bill. They want you to believe the calation. input from Republican Members. They failure to get real reform is the They brought up defunding the po- blocked us out of the room, and then thought of the Republicans when they lice, that Congress has not brought up denied us, as our ranking member, JIM have shut us out of the process, and defunding the police. That is their JORDAN, just said, they denied a dozen they blocked us from having an open ruse. It is ‘‘re-fund,’’ if anything, but it amendments—good-faith amend- debate in the Senate. is not defund. It is embarrassing. I was ments—that we brought to that proc- Wake up, America. The Democrats in embarrassed to see the Republicans did ess. What a tragedy that is. Congress hope you aren’t smart enough it. It was a shame on the lives of Madam Speaker, you have to ask to see the truth. Wake up and demand George Floyd, Eric Garner, Michael yourself, because my constituents are that your elected officials work to- Brown, all the other people in Mem- asking themselves, people back home gether to get you the reform that all phis—Steven Atkins and Darrius Stew- are asking why. Why would they do people of good will demand. Tell them art—whose lives have been cut short by that? Why would our colleagues on the to stop this charade while there is still improper activities and deadly force by other side shut us out of the room, time. police officers. when everybody acknowledges this is a Madam Speaker, we owe it to the Police are mostly good, but the ones real problem, that we need bipartisan memory of George Floyd and to good that aren’t need to be brought to jus- solutions to it. police officers who risk their lives tice. My good friend, Senator TIM SCOTT, every day to protect us. I am com- Mr. JORDAN. Madam Speaker, I explained it well yesterday in his epic mitted to continuing to fight for mean- yield 3 minutes to the distinguished speech on the floor of the Senate after ingful reform and for healing in our gentleman from Louisiana (Mr. JOHN- the Democrats on the other side spiked communities, and I ask my colleagues SON). and killed his bill. He explained the on both sides of the aisle to stop the Mr. JOHNSON of Louisiana. Madam process: That he went to CHUCK SCHU- political games and answer the cries Speaker, I thank the gentleman from MER, the leader over there, and the heard across this country. Ohio. other Democrats, he went to each of The SPEAKER pro tempore. Mem- Madam Speaker, I rise to join my them individually to find out what bers are reminded to address their re- colleagues in voicing my great concern their concerns were with this bill to marks to the Chair. with the substance of this bill and the figure out how to fix it.

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.040 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE June 25, 2020 CONGRESSIONAL RECORD — HOUSE H2457 He offered first, in good faith, five I believe that all of us in this Cham- be working on together to solve, which amendments to the bill, then 20. Then ber are here for a reason. It is our sol- could have a real and lasting positive he said he would do a manager’s emn duty to acknowledge the sins of impact on preventing future senseless amendment, basically to change much the past 400 years and begin to repair acts of violence. of the substance of his bill just to get the soul of America. We should also be working together something over the lines so we could We can build a better, more just to honor the memories of all of those solve the problem. And you know what country. lost in the recent unrest, including happened? They gave him the stiff arm, Pass the George Floyd Justice in Po- George Floyd and David Underwood to use our football metaphor. licing Act, because Black lives matter. and Breonna Taylor and David Dorn. Why is that? Because they want to Make the critical reforms that we Doing so would serve as a beginning to preserve this as a wedge issue for the need to do right now. a healing process to emerge a stronger, elections in the fall. That is why. End the chokehold. End racial more unified Nation. profiling. Demilitarize police depart- And TIM SCOTT said it better than we Madam Speaker, I represent Ohio’s ments. Hold bad police officers ac- could—and I commend every American First Congressional District, which in- countable. to watch the video of his speech on the cludes much of the city of Cincinnati. floor. This reality leaves us at an im- When we do this, we can begin to re- passe today, and it makes perfectly build trust between the police and the Back in 2002, following protests and clear that this bill in its current form community. civil unrest over the shooting of a young man, the death of a young man goes too far. As Congressman JORDAN Colleagues, do not be obstructionists. has explained, it ties the hands of Stand with us in this historic moment. named Timothy Thomas, the city, po- American law enforcement, jeopardizes Set aside politics. Stop living in fear of lice representatives, community lead- the safety of every American. We have the President’s Twitter account. Re- ers, and local and Federal officials en- to oppose it. member the oath you took to your con- tered into something called the Col- Madam Speaker, I urge my col- stituents and to our country. laborative Agreement, to build posi- leagues to do so, and it is a shame it Mr. JORDAN. Madam Speaker, I tive, constructive relationships be- has come to this. yield myself such time as I may con- tween the police department and the Mr. NADLER. Madam Speaker, I sume. communities that they serve. yield myself such time as I may con- Before yielding, I just point out, I The Collaborative Agreement imple- sume. You have heard a lot of errant can’t believe the chairman of the Judi- mented many of the reforms that we nonsense on the floor. But it must not ciary Committee would utter such a are discussing today: Revised use-of- go unrebutted. statement on the House floor, but he force policies and mandatory training; Ms. BASS, the chairperson of the said, ‘‘Imaginary things like antifa.’’ emphasizing de-escalation procedures; Black Caucus and the chairperson of They are not imaginary; they are real. increased transparency; and inde- our subcommittee talked personally to And if you don’t believe me, go talk to pendent citizen complaint authority to the Republican leader, Mr. MCCARTHY, Andy Ngo, the journalist in Portland investigate allegations against police and got nowhere. The Committee on who was attacked by antifa, who the officers; and use of automatic body the Judiciary’s staff talked to the Re- President of the United States des- cameras, among other reforms. publican staff of the Committee on the ignated as a terrorist organization. The results haven’t been perfect, but Judiciary and got nowhere. The Repub- And to have the chair of the Judici- we have seen a dramatic improvement lican amendments that Mr. JORDAN ad- ary Committee on the House floor say in local police-community relations. vanced at the markup, his wonderful these words: ‘‘Imaginary things like Also arrests and serious crimes have amendments, included antifa, the Se- antifa’’? They are far from imaginary. decreased across the city. And, nota- attle autonomous zone, stripping out And there are people in every major bly, excessive use of force and violence the entire underlying legislation, city in this country who know that, against police officers has decreased. defunding police departments, and add- and yet the chair of the Judiciary Com- These positive results are not due to ing a death penalty to antilynching mittee just made that statement. That heavy-handed mandates from the Fed- legislation passed by the House. is scary. eral Government. Rather, the changes Of course, we wouldn’t accept these So when we say we weren’t consulted are more attributable to the grassroots amendments. They couldn’t utter the and they talk about—when you have collaborative process, which required phrase ‘‘Black Lives Matter,’’ and that kind of attitude, we had good, everyone involved to put aside their could barely engage the subject of po- thoughtful amendments in that com- political agendas and work together. lice reform. Instead, their amend- mittee. No, no, no, we can’t deal with Both police and the neighborhoods that ments—and I have given you about half it, because their attitude is antifa is they serve had to reach out to each of them just listed here—were errant imaginary. It is far from that. Go ask other and come together to address nonsense, off-topic, dealing with imagi- that journalist in Portland, who just a concerns and problem areas. year ago was beaten up by these indi- nary things like antifa, and completely One of my suggestions to improve negating the entire purpose of the bill. viduals. That is ridiculous. I yield 4 minutes to the gentleman this bill calls for a study of Cin- They weren’t interested in ‘‘Black cinnati’s Collaborative Agreement, and Lives Matter.’’ They weren’t interested from Ohio (Mr. CHABOT). Mr. CHABOT. Madam Speaker, de- other similar agreements, to explore in police reform. They were interested what worked well, what didn’t, and in pure demagoguery. Of course, we spite what you may hear and read from the majority, there is actually a lot of what lessons can help other commu- would not accept their amendments. nities across the Nation. Madam Speaker, I yield 1 minute to common ground between the legisla- the gentleman from Rhode Island (Mr. tion that we are considering today here At the same time, we must recognize the important work law enforcement CICILLINE). and the legislation that I am an origi- nal cosponsor of recently introduced by officers do to keep our communities b 1400 Senator TIM SCOTT and here by PETE safe. That is why I suggest that we also Mr. CICILLINE. Madam Speaker, Dr. STAUBER. We ought to pass those provi- focus on supporting those police offi- Martin Luther King, Jr., visited my sions that we agree on and continue to cers who dedicate their lives to pro- district in April of 1967. Almost a year discuss and debate the things we don’t. tecting our communities. to the day he was killed, Dr. King told Last week in the Judiciary Com- Specifically, I propose that we add Rhode Islanders: mittee, as has been mentioned, we of- retired police officers who are killed I haven’t lost faith in the future. But I fered a dozen reasonable, thoughtful while serving in public or private secu- never intend to adjust myself to the madness amendments to improve this bill. But rity roles, like Sergeant David Dorn, to of militarism or racial inequality. every single one was rejected by the the Public Safety Officers’ Benefits More than 50 years later, we are still majority, every single one. Program, which provides death and fighting the madness of racial inequal- Improving police-community rela- education benefits to the families of of- ity. tions is a critical issue that we should ficers killed in the line of duty.

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.041 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE H2458 CONGRESSIONAL RECORD — HOUSE June 25, 2020 Madam Speaker, these and other pro- We are blessed to be led by CBC Chair House Democrats hoped to work in a posals from my colleagues are reason- KAREN BASS, who brings 47 years of bipartisan way to create meaningful able and would improve the legislation leadership advocating for an end to po- change to end the epidemic of racial in- that we are considering today. lice brutality. She brings extraor- justice and police brutality. However, I hope that Democrats and Repub- dinary gentility, grace, and strength to it is disappointing that the Senate licans here in the House can work to- this fight. GOP has ignored the voices of hundreds gether with the Senate to get meaning- As you know, Madam Speaker, the of thousands of people peacefully call- ful legislation to the President, just as George Floyd Justice in Policing Act ing out for justice and progress, day in we did with the coronavirus legisla- will fundamentally transform the cul- and day out, week in and week out, for tion, before another life is lost. ture of policing to address systemic the past month. Mr. NADLER. Madam Speaker, I racism, curb police brutality, and save The Senate proposal mimics words of yield myself such time as I may con- lives, as it puts an end to shielding po- real reform but takes no action to sume. lice from accountability. make any difference. It is inadequate Madam Speaker, we agree on some We don’t paint all police with the and unworthy of support. things; nothing meaningful. The Re- same brush. But for those who need to During this moment of anguish, publicans agree on studies, not on ac- be painted with that brush, we need to which we want to turn into action, it tion. They agree on nothing that will take the action contained in this bill. would be a moral failure to accept any- add accountability to the police, noth- This legislation contains bold, un- thing less than transformational ing that will prevent police brutality, precedented reforms, including banning change. nothing that contributes in any way to chokeholds. People say, ‘‘Well, why But it is clear that the White House Black Lives Matter. can’t you compromise with the other has zero interest in real change. Yes- They will not agree to banning side?’’ Well, they don’t ban chokeholds. terday, the White House went so far as chokeholds. They will not agree to We ban chokeholds. So are we supposed to issue a veto threat, stating that the changing the mens rea statutes so we to come up with a number of George Floyd Justice in Policing Act can hold brutal officers accountable. would deter good people from pursuing They will not agree to banning no- chokeholds we will agree with? No. We knock warrants in drug cases. They ban chokeholds. Stopping no-knock careers in law enforcement. will not agree to ending qualified im- warrants on drug offenses. Ending the No, Mr. President, good people are munity. court-created qualified immunity doc- pursuing careers in law enforcement. They will agree to studies. They will trine that is a barrier to holding police Banning chokeholds is not going to agree to gestures. They will agree to officers accountable for wrongful con- deter good people from pursuing ca- shams. Their whole approach is a duct. reers in law enforcement. That is a sham, because they agree to nothing Our distinguished chairman enumer- White House concern. meaningful, and they claim to be ated all of these things just now. Com- Hundreds of people are dying. meaningful. batting racial profiling, mandating Vetoing this will make the White Their claim is a sham. They will do data collection, including body and House what? Ignoring of this epidemic? nothing that will add accountability, dashboard cameras, strengthening The George Floyd Justice in Policing nothing that will save one life, nothing independent investigations of police Act is a bill that American people are that will put one brutal policeman in departments, creating a publicly acces- insisting on, that this moment in his- jail. Nothing. sible national police misconduct reg- tory demands. And what a shameful, Madam Speaker, I yield 1 minute to istry. bad-faith act to dismiss the will of the the gentlewoman from California (Ms. Publicly accessible, that is what the public out of hand. PELOSI), the Speaker of the House. Senate bill does not do. We will take Two weeks ago, Philonise Floyd, the Ms. PELOSI. Madam Speaker, I the data and keep it to ourselves? Well, brother of George Floyd, testified so thank the gentleman for yielding, and what is the use? beautifully and powerfully before Mr. I thank him for his stalwart support And establishing strong new stand- NADLER’s committee, the Judiciary for justice in policing. Thank you so ards for policing. Committee, on this legislation. He said much for bringing this legislation to This week, a coalition of more than that day: ‘‘The people marching in the the floor, to you, Mr. NADLER, members 135 leading civil and human rights streets are telling you enough is of the Judiciary Committee, and the groups sent a letter stating their oppo- enough. Be the leaders that this coun- Congressional Black Caucus. sition to the Senate bill. We have our try, this world, needs.’’ That was his Madam Speaker, exactly one month bill; they have their bill. challenge to us. ago, George Floyd spoke his final And this is what 135 leading civil b 1415 words, ‘‘I can’t breathe,’’ and changed rights groups had to say: the course of history in our Nation. I The Senate act is an inadequate response Then, he said: ‘‘George’s name means will never forget that, nor will many to the decades of pain, hardship, and devas- something. . . . If his death ends up others. I will also never forget his call- tation that Black people have and continue changing the world for the better, and ing out for his mama right there at the to endure as a result of systemic racism and I think it will’’—I think it has—‘‘then end. lax policies that fail to hold police account- he died as he lived. It is on you to Since that horrific day in Min- able for misconduct. make sure his death is not in vain.’’ neapolis, Americans from every walk This bill falls woefully short of the com- Today, with this bill, we have the op- prehensive reform needed to address the cur- portunity and the obligation to ensure of life and corner of the country have rent policing crisis and achieve meaningful been marching, protesting, and de- law enforcement accountability. that George Floyd’s death and the manding that this moment of national It is deeply problematic to meet this mo- death of so many are not in vain. Their agony become a moment of national ment with a menial incremental approach lives matter, Black lives matter. action. that offers more funding to police and few Madam Speaker, I urge a strong bi- Today, by passing the George Floyd policies to effectively address the constant partisan vote on the George Floyd Jus- Justice in Policing Act, the House is loss of Black lives at the hands of police. tice in Policing Act. Justice is for honoring his life and the lives of all Passing watered-down legislation that fails George by passing this bill. killed by police brutality by saying to remedy the actual harms resulting in the Madam Speaker, I thank the distin- loss of life is a moral statement that is in- guished chairman for all of his leader- never again and taking action. consistent with a genuine belief that Black The Congress and the country are lives matter. ship and work on these issues, not only well served by the leadership of the Further, any attempt to amend or salvage today and this past month but over Congressional Black Caucus, the con- the Senate act will only serve to check the time. I urge an ‘‘aye’’ vote. science of the Congress, as we call it, box and claim reform, when in actuality no Mr. JORDAN. Madam Speaker, I with JOHN LEWIS and so many other reform has occurred to combat police mis- yield 3 minutes to the distinguished leaders, which has been developing conduct and to protect Black lives. gentleman from Georgia (Mr. COLLINS). these reforms contained in this legisla- 135 leading civil and human rights or- Mr. COLLINS of Georgia. Madam tion for decades, 49 years to be exact. ganizations said that. Speaker, I agree with what was just

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Watered-down This bill provides a direct require- gaining agreements on things that ac- bills, not watered-down bills but bills ment for accreditation, the require- tually do pander and stop us from get- that are not allowed to go to con- ment to professionalize police. And, ting at the bad actors in the police de- ference and actually work the will of yes, it is racial profiling, and it has partments from going on. The Demo- these two bodies, one controlled by Re- teeth in it because it includes a prohi- crats chose not to talk about it, to publicans, one controlled by Demo- bition in profiling based on ethnicity, walk away and obfuscate and not talk crats, is simply wrong. We did it in the national origin, religion, and gender. about it. FIRST STEP Act, and some of those And it creates a cause of action by the That was an amendment, frankly, very same civil rights groups that Attorney General of any who are in- that the chairman didn’t list because spoke against the FIRST STEP Act jured. We have never had that before. the chairman understands that that is came around when they saw that we And, yes, it adds a modification of roll- a problem that needs to be worked on, were honestly negotiating to an end. back on qualified immunity. and we could have, but we didn’t. So as we move forward, I would urge But I say to my friends, in rolling The bill does not do, in fact, what it ‘‘no’’ on this. But I would urge that the back qualified immunity, you have due is said to do. Some of the provisions of destruction stop, and it doesn’t start process. You are in the courthouse. It limits the military hardware dis- this bill actually will hurt the police here. So we all need to help and put justice first for everyone. bursements, use of force, and it profes- officers and the police in our commu- sionalizes the police. nity. It doesn’t help; it actually hurts. Mr. NADLER. Madam Speaker, the gentleman who just spoke referred to Now, I want to answer the question There are many things that do help, of Philonise Floyd. He doesn’t want his and we can work on those. the collective bargaining provision. He apparently hasn’t read the bill. That brother to be on his shirt; he wants jus- The Speaker of the House just said tice. that passing a watered-down bill is provision is in the bill. I suggest he read the bill. As I conclude, Madam Speaker, I just wrong. Well, I will tell you what else is want to answer his daughter’s point. wrong. It is coming to the floor of this Madam Speaker, I yield 3 minutes to the gentlewoman from Texas (Ms. His daughter, Gianna, said: ‘‘My daddy House and saying passing this bill will changed the world.’’ JACKSON LEE). change anything because it will not. Ms. JACKSON LEE. Madam Speaker, We are changing the world. We can’t And stopping the Senate bill from my friends on the other side of the wait, and now is the time—not process, going forward and having amendment aisle are consistently being persistent but reality, and making a bill that and having process is wrong as well be- in the language of why process for changes civil rights in this Nation. Mr. JORDAN. Madam Speaker, I cause the only way the two bodies will them is more important than saving yield 4 minutes to the distinguished come together and find the common lives. I answer the question with a lit- gentleman from Florida (Mr. RUTHER- ground and denominator to actually tle book called the Constitution of the FORD). pass a bill—I have been on this floor United States, which on this day we before, many times, having to remind Mr. RUTHERFORD. Madam Speaker, hope that we will make it holier and I rise today in opposition to the bill. our colleagues that simply coming to more potent for the large numbers of this floor and passing something While I have many major concerns African American men and women who with this attempt to federalize State doesn’t make it law. have seen the brunt of racial profiling In this case, it is more important and local law enforcement, I would like and police brutality. to specifically address the issue of than ever to know that the Senate is Now, let me be very clear. In the working on the Republican side be- qualified immunity. opening of this Constitution, it tracks Qualified immunity protects police cause they are a Republican majority. the language that says we are created officers, teachers, and social workers We are a Democratic majority. You are for a more perfect union. Centuries from civil liability when performing going to pass a Democratic bill. That is later, Dr. Martin Luther King asked their duties in a proper manner. Should fine. The Senate will pass a Republican the question of why we can’t wait to be this bill become law, it would com- bill. But then you go to conference. allowed to be full citizens in this Na- pletely eliminate qualified immunity But when you poison the discussion tion as African Americans. He also said for law enforcement. like we are doing today, that is wrong. now is the time. Now, I know that many of my col- Justice, as I have seen in my home So when a Member asked me about leagues on the other side, along with State when I have a DA who is charg- the moment of this bill, this day, I many well-meaning folks around the ing police officers before investigations said: There are few seismic moments country, think that that is a good idea, are over—Paul Howard needs to recuse on the floor of the House. There are few but they have been fed a false nar- himself. Why? Because good people are catastrophic earthquake moments that rative. So, let me break a few myths being harmed. change lives and save lives. Today, we surrounding qualified immunity and The Speaker actually said, Madam cannot wait. Amadou Diallo could not explain why it is so important to pro- Speaker, that good police officers want wait more than 20, 30 years ago. Now, tect it. to do their jobs. That is correct. Yet, we have legislation that will be a sig- Myth number one: If you are a good right now, the city of Atlanta is seeing nificant civil rights moment in our his- police officer, you have nothing to a large increase in officers from the At- tory. worry about. That is absolutely not lanta Police Department applying any- I am very pleased to have introduced true. Imagine this scenario, and this is where else but Fulton County because the Law Enforcement Trust and Integ- one that occurs every day in depart- they don’t think they can get backed rity Act with my colleagues that does ments across America. You are at- up. That is what the problem of this help police, that does require the ac- tempting to make an arrest. The sus- bill is. creditation of 18,000 police depart- pect physically resists arrest. The sus- This is not something that we just ments. Maybe if the officers in Min- pect is now fighting the police, and the simply should take lightly. Justice for neapolis had been trained in human de- officer uses empty-hand techniques to George Floyd should be the first and cency and the stopping of excessive secure him. But the suspect is injured foremost thing, and not just George force and the duty to intervene, not while being lawfully and properly se- Floyd, anyone in this case. only would George Floyd’s life been cured. There are areas that we can work on, saved, but many others in times before. The officer has done nothing wrong, but simply putting things together, But we have a bill that says that you properly followed the law, followed de- throwing it together, and then having have to require something. And when I partment policy and agency training,

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Every single day I went to work, I did not violate the constitutional It is time for results, not rhetoric. knew and was willing to put my life on rights of the victims. Well, he is con- And to the Members on the other side the line for my community. It is what ceding, in other words, that in 40 or 30 who may have African-American chil- I signed up for, and it is what every of- percent, or whatever it is, of the time dren, let me just tell you the difference ficer in this country signs up for. when qualified immunity is granted really quickly. However, I shouldn’t be asked to put and holds officers unaccountable, they The SPEAKER pro tempore. The my wife’s future and my children’s fu- have violated the constitutional rights time of the gentleman has expired. ture in that breach also. That is not of the victims. That is one of the rea- Mr. NADLER. Madam Speaker, I what I signed up for, not when I prop- sons why we must change the doctrine yield the gentleman from Louisiana an additional 30 seconds. erly followed the law, followed my of qualified immunity. Mr. RICHMOND. Madam Speaker, agency’s policies, followed my training Madam Speaker, I yield 3 minutes to let’s assume two kids go out at night to the letter, but I could still be sued. the gentleman from Louisiana (Mr. to the school dance. When the Black That is not part of the deal. RICHMOND). Myth number two: Qualified immu- mother is waiting by the phone and the nity is always granted by the courts. b 1430 phone rings and the child says, ‘‘Well, This also is not true. In fact, courts Mr. RICHMOND. Madam Speaker, I there was a problem,’’ and both kids only grant qualified immunity to offi- thank the gentleman for yielding. say, ‘‘We see police lights. The police cers 57 percent of the time. In the ma- Let me just quickly reply to what I are on the way,’’ the White mother and jority of the cases where qualified im- think the big difference is between the parent is going to think help is on the munity was granted, it was determined two sides. We just heard an eloquent way and feel relieved; the Black moth- that officers did not violate anyone’s argument about the financial impact er is going to get more concerned and constitutional rights. to families if a police officer loses his say, ‘‘Just do whatever they tell you, Under current law, even if the court job, that they have loss of income. baby. Just come home. No matter how grants the officer qualified immunity, What we are talking about is the loss much they degrade you, just come the plaintiff can still sue the agency of love and support both financially home.’’ There is a difference of policing in for alleged ineffective training or poli- and emotionally to a family when they this country, and we are just asking to cies. lose their father or their mother or fix it. Myth number three: Qualified immu- their child. So while one side looks at Mr. JORDAN. Madam Speaker, I nity gives officers free rein on the job. this as a purely financial or economic yield 4 minutes to the distinguished That is absolutely false. It is not true. problem, we look at it as life or death. gentleman from New York (Mr. KING), In order for qualified immunity to I also heard them talk about the Sen- who, for 28 years, has served his fine apply, an officer must have followed ate bill. I won’t even go into the Sen- the law, followed agency policy, fol- constituents. ate bill. It doesn’t ban chokeholds. It Mr. KING of New York. Madam lowed all the proper training. If he vio- doesn’t end no-knock warrants. That lates any one of those, he is on his own Speaker, I thank the gentleman for bill has about as much teeth as a new- yielding. and open to civil litigation. born baby. Madam Speaker, law enforcement is I rise in opposition to H.R. 7120. But what I will say, Madam Speaker, too dangerous of a profession that The brutal murder of George Floyd is that America is burning, and my col- deals in split-second decisions. Most and the protests and demonstrations leagues can’t see it or they don’t want people in this room have no idea what since then highlight the racial issues it is like to determine in a high-stress to see it because of blind loyalty to a which still afflict our Nation and which situation whether a suspect is pulling self-absorbed leader who lacks the deserve thoughtful discussion and de- out a gun or a cell phone. They never character or concern to care. bate. I want to use my time today to wrestled a man to the ground who is But America is not only burning; reject the premise of systemic police fighting like hell to evade arrest. America is also weeping. She is weep- racism, which is the genesis of today’s Police officers don’t get to watch a ing for the victims of excessive force legislation. video in slow motion over and over by those sworn to protect and serve. I say the opposite: No one has done again to figure out what to do. That is She is crying for her American leader- more to protect all lives than the po- why qualified immunity exists. In fact, ship to man up to meet this moment lice. Take New York City, where thou- the U.S. Supreme Court just confirmed and to write in the laws of this country sands of protesters have regularly it. once and for all that Black lives do taken to the streets to demonstrate We cannot be so eager to make major matter. against the NYPD even though, in the policing reforms on the Federal level She is calling on us to act, not to past 25 years, the policies and actions that we overcorrect and prevent good cower to the moment, be wilfully igno- of the NYPD have literally saved tens officers on the street from being able rant, or just deny the ugly facts. Now of thousands of lives of people of color. to do their jobs. We should not put our is not the time for the quintessential The city has gone from more than 2,000 communities at that kind of risk. coward or the political hypocrite. murders a year, with a great majority The SPEAKER pro tempore. The America is crying and America is of them being African American, to time of the gentleman has expired. weeping. If you open your hearts and less than 300. Mr. JORDAN. Madam Speaker, I your ears and get past the purposeful Last year, NYPD officers fired their yield an additional 30 seconds to the irrelevant noise, you will then hear weapon 35 times. That is 35 times in a gentleman from Florida (Mr. RUTHER- that she is begging for help. Just lis- police force of 36,000 in a city of more FORD). ten. America is crying for help just than 8 million, and millions more com- Mr. RUTHERFORD. Madam Speaker, like George Floyd did. muters and tourists. Five African I want to invite my colleagues on the So the real question today is: Will Americans were killed by the NYPD in other side of the aisle to reconsider you pretend you didn’t see those hor- the entire year, four of whom had a this legislation. Not one single point rific 8 minutes and 46 seconds? Will you gun or knife. will destroy the bedrock of law en- cower to the white nationalists or will You won’t hear this on the House forcement in this country, and I know you continue to only protect life until floor from the other side today, but na- there are Members across the aisle that it is born? tionally, more Whites are killed by po- understand that because they have In church, we are taught that weep- lice than African Americans each year, been there; they have done that; they ing may endure for the night, but joy both in total numbers and in propor- have made those arrests. cometh in the morning. Colleagues, tion to their encounters with police.

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To the protesters: We hear things accountable, but that does not Just in the past month, we have seen you; we see you; we are you. We are undermine law enforcement so that shootings increase dramatically in cit- sick and tired of being sick and tired. they can do what they need to do to ies such as Chicago and New York, America is a great country. We have protect our society. where shootings are at their highest come a long way. We still have a long I have talked to numerous law en- level in almost 25 years. way to go. forcement officers and police chiefs in It is time to be honest. It is not a We are tired of police violence in a my district. All of them, every single peaceful protest when businesses are country where the Declaration of Inde- one of them, said there are portions of wrecked and looted, when rocks and pendence promises life, liberty, and the this Democrat bill that would under- bricks and Molotov cocktails are pursuit of happiness. mine their ability to protect us in our thrown at cops and more than 300 po- We are tired of police violence in a communities. lice officers are injured, as we are see- country where the Pledge of Allegiance Now, there are other parts of this bill ing right now in New York. promises liberty and justice for all. that I support, that Republicans sup- No, police are not perfect—none of us We are tired of police violence in a port, that the President could sign. So are, that is for sure—but they do out- country where the Constitution prom- why don’t we try to unite on the things standing work. Just last month, this ises equal protection under the law. that we can agree on? House, under Democratic leadership, We are sick and tired of being sick It has been said before that in Judici- passed the HEROES Act, recognizing and tired. That is why we should act. ary Committee none of the Republican the great work of the police in com- It is time to end racial profiling, amendments were—you voted them all bating COVID–19. How things change in time to criminalize the chokehold, down. Democrats voted them all down. one month. time to demilitarize the police, time to And then Senator SCOTT said that he My father was in the NYPD for more end qualified immunity, time for a na- offered 20 amendments to the Demo- than 30 years. I have been to too many tional standard on the excessive use of crats in the Senate, and they rejected wakes and funerals of cops who have force, time for a database on brutal of- them. made the ultimate sacrifice, laying ficers, time to expand the Justice De- So, if we really want to get some- down their lives for others. partment Office of Civil Rights’ juris- thing done—and we should get some- Police deserve more than this legisla- diction, and time for the George Floyd thing done—let’s try to work together tion, which targets them for society’s Justice in Policing Act so we can con- instead of pushing through a bill that ills. It is time to stand with the men tinue our country’s long, necessary, you haven’t reached out to Republicans and women in blue who put their lives and majestic march toward a more per- to negotiate on. on the line for all the rest of us every fect Union. I also am very dismayed by what is day of the year. I strongly urge a ‘‘no’’ Mr. BIGGS. Madam Speaker, I ask happening around our country. I know vote. unanimous consent that I be permitted people are upset, and I applaud the peo- Mr. NADLER. Madam Speaker, I to control the balance of the Repub- ple who are peaceful in their protests. yield 3 minutes to the distinguished lican time. The SPEAKER pro tempore. The gentleman from New York (Mr. The SPEAKER pro tempore (Ms. time of the gentlewoman has expired. JEFFRIES). OMAR). Without objection, the gen- Mr. BIGGS. Madam Speaker, I yield Mr. JEFFRIES. Madam Speaker, I tleman from Arizona (Mr. BIGGS) will the gentlewoman from Arizona an addi- thank the distinguished chair for yield- control the balance of the Republican tional 30 seconds. ing and for his great leadership. time. Mrs. LESKO. Madam Speaker, I ask Madam Speaker, we have a national There was no objection. all Members, both Republican and problem here in America of police vio- Mr. BIGGS. Madam Speaker, I yield 3 Democrat, to call on the people who lence, police brutality, and the police minutes to the gentlewoman from Ari- are violent out in our streets, people use of excessive force. It requires a na- zona (Mrs. LESKO.) who are looting, people who are tearing tional solution. That is why Congress Mrs. LESKO. Madam Speaker, I down statues, people who are setting should pass the George Floyd Justice thank the gentleman for yielding. up autonomous zones—in the one in Se- Black lives matter. My two in Policing Act. attle they killed somebody there— Here in America, every Black mother grandsons, who are Black, their lives please, let’s try to heal our country to- and every Black father has to have the matter. I don’t want anything bad to gether. talk with their child about what to do happen to them. Mr. NADLER. Madam Speaker, I My life matters. White lives matter. when approached by the police because yield 1 minute to the distinguished Hispanic lives matter. Asian lives mat- any encounter can turn deadly, not be- gentleman from California (Mr. cause of criminal conduct but because ter. Native American lives matter. SWALWELL). of the color of their skin. Quite frankly, all lives matter. Police Mr. SWALWELL of California. Just ask the family of Amadou officers’ lives matter, too. Madam Speaker, I thank the gen- What happened to George Floyd was Diallo, the family of Sean Bell, the tleman for yielding. family of Eric Garner, the family of terrible, and bad cops or cops that do I support this bill because Black lives Tamir Rice, the family of Walter bad things have to be held accountable. matter. Scott, the family of Oscar Grant, the But we have to recognize that the vast Gianna Floyd, the 6-year-old daugh- family of Stephon Clark, the family of majority of law enforcement officers ter of George Floyd, said, ‘‘My daddy Breonna Taylor. Just ask the family of are good, honest people trying to help changed the world.’’ We are here to George Floyd, who narrated his own our community and protect our com- prove that she is right. death for 8 minutes and 46 seconds and munity. called for his mama. We can’t throw the baby out with the b 1445 It is a difficult conversation. I had to bathwater, as the saying goes. We need I spoke to an African American mem- have the talk with my two sons, and I a bipartisan bill because you guys ber of my community 2 weeks ago who knew what to say word for word be- know, I know you are passionate, I told me he feels safe twice a day: when cause my father had the same talk know you believe in this, but you also he wakes up in his own house and after with me decades ago, and nothing has know that this bill that you are push- work when he comes into his own changed. ing through without negotiating with house. So all of us in this Chamber, whether Republicans on is not going to go any- He said, ‘‘In between, people look at you are a Democrat or Republican, where. me, at the nice car I worked hard to

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So if a Black police cap- We should all in this body feel tion. tain feels that way, imagine how peo- ashamed for taking up space and time Madam Speaker, I yield 1 minute to ple in the Black community who are when we are not solving the problem. the gentleman from Maryland (Mr. not in law enforcement feel. God help us all. RASKIN). We can change the world with these Mr. NADLER. Madam Speaker, I Mr. RASKIN. Madam Speaker, the necessary police reforms, because yield myself such time as I may con- whole premise of civil government is Black lives do matter. sume. that we will be safer inside the social Mr. BIGGS. Madam Speaker, I yield 3 Madam Speaker, I would like to re- contract than outside of it, the state of minutes to the gentleman from Michi- spond to the assertion that we have not nature which Thomas Hobbes famously gan (Mr. MITCHELL). been willing to work with the Repub- described as a state of war, ‘‘solitary, Mr. MITCHELL. Madam Speaker, I licans on this important legislation. rise today disappointed and frustrated poor, nasty, brutish, and short.’’ Allow me to set the record straight in with this legislation and the dysfunc- So we give up the habits of violent detail on where we are and how we got tion of this legislative body. self-help for trust in the rule of law and Police work is vital, sometimes here. the impartial administration of jus- We introduced a comprehensive po- thankless, sometimes dangerous. tice. My oldest son is a police officer, and licing reform bill 18 days ago. We ex- But where was the American social we talked about these issues long be- plained to our colleagues in the minor- contract for George Floyd as Officer fore the events of the last several ity that we initiated the process by de- Chauvin asphyxiated him with his knee weeks. He recently had to put on a vest veloping comprehensive legislation as he begged for his life; or Breonna and police multiple times, protests with Senators BOOKER and HARRIS as Taylor, a 26-year-old EMT who was where, Madam Speaker, I prayed to well as with members of our caucus. shot eight times in her own bed by offi- God they would not turn violent and We also explained the importance of cers carrying a no-knock warrant; or someone would get hurt. So it is near moving quickly given the moment we Tamir Rice, a 12-year-old boy who had and dear to my heart, as well as some were in as a Nation. a water fight in the park, and then was Members on the other side of the aisle. Since that time, we have indicated to shot dead by a police officer getting It is not an economic issue. It is an the minority that if they are interested out of his car? issue of America, it is an issue of in developing legislation that they The American social contract has al- rights, and meaningful change is need- could support, we needed to understand ways been contaminated by racism. In ed now. how they wanted to change the bill and the words of the Supreme Court in the All across this country, our constitu- whether those changes would lead Dred Scott decision, our Constitution ents, our neighbors, and, yes, my fam- them to support the bill. began as a ‘‘White man’s compact’’ in Chair BASS has reached out to the ily, are begging us to step forward and which the African American had ‘‘no minority leader and to Senator SCOTT, lead, to come together for reform. rights the White man was bound to re- We see these demonstrations in our and we have reached out to the minor- spect.’’ cities and towns across this Nation, ity over the course of the last 10 days. The Civil War gave us the chance for and we all agree reform is needed, yet We held a hearing 2 weeks ago in a new birth of freedom, but after 12 yesterday in the Senate, constructive which the minority invited three wit- years of reconstruction, it was washed legislation proposed by Senator SCOTT nesses. away by the KKK and Jim Crow. was blocked by Democrats despite a The minority did not share a single commitment to full debate on the floor amendment with us before last week’s The SPEAKER pro tempore. The and amendments. markup. The minority refused our offer time of the gentleman has expired. We apparently don’t want to legis- to review and work with them on spe- Mr. NADLER. Madam Speaker, I late, do we? cific amendments they offered, that we yield an additional 30 seconds to the I have actively reached out for sub- indicated we could support if we had gentleman. stantive discussion on this bill with the opportunity to review and discuss Mr. RASKIN. Madam Speaker, Amer- the sponsor to offer input and support, before we go to the floor. ican apartheid lasted until the modern to no avail. That is their right, of course, but in civil rights movement, when the blood I spoke with Ms. BASS today, and she my experience, when a Member would sacrifice of JOHN LEWIS and Medgar hopes maybe we will set up a work like the majority to support their Evers, Schwerner, Chaney, and Good- group, but not until we vote on this amendments, they would ordinarily man, and Dr. King gave us the Civil Democrat-developed bill, without the share the text with us in advance. That Rights Act of 1964 and the Voting ability to even consider a single did not happen here. Rights Act of 1965, but we have been amendment. I would also note that some of what brought back to the baseline of violent Heaven forbid we legislate. we saw is in the bill now, and we have white supremacy by a reactionary Su- Senator SCOTT was correct in his not received a single outreach regard- preme Court and a President who looks speech yesterday: the issue is about ing this important matter from either into the souls of white supremacists not what action we take, but about the Trump White House or the Trump and sees ‘‘very fine people.’’ who takes and can claim the action. This is the real deep state in Amer- My colleagues in the other party are Department of Justice. Again, in my experience, if there ica: violent white racism. so focused upon election messaging, Black Lives Matter and America’s they overlook some critical things. were a serious and good-faith effort to young people have given us the chance We have needed to address these enact legislation, the White House to launch a new birth of freedom, a issues for decades. Even when a Demo- would seek to work with both sides of crat was in the White House and the the aisle and both sides of the Capitol. third reconstruction in America. Let’s Democrats controlled both bodies of That has not happened thus far. start today with the George Floyd Jus- this legislature, nothing was done. Chair BASS and I and the others on tice in Policing Act. This issue will not go away. I think our side of the aisle have remained Mr. BIGGS. Madam Speaker, I yield 4 we agree on that. It is staying. open to a full and frank discussion with minutes to the gentleman from Texas Lacking action, this issue will be- the minority about their possible sup- (Mr. GOHMERT), my friend. come more heated and divisive in our port of real and meaningful policing re- Mr. GOHMERT. Madam Speaker, I communities across this Nation. form legislation. That has not hap- thank my friend from Arizona for What do you say we all simply focus pened thus far. yielding. on doing our current jobs rather than But it is my hope that the Senate There have been tragedies in this worrying about the November election? will take up meaningful legislation— country, and yet it still hasn’t been

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This immunity removal is going Federal hate crime and gives the De- tions, and I have got the bill here, H.R. to help the law enforcement unions. partment of Justice the power to sub- 7120, but there is no better example They will make a fortune, like teach- poena law enforcement departments for than the legislation that Congressman ers’ unions do, selling the insurance, pattern and practice investigations. BOBBY RUSH has worked on for years but it is going to keep law officers tied And so critically important, it in- and years trying to pay an appropriate up in civil court instead of criminal vests money into Black and Brown tribute to a 14-year-old Black young court, and it is going to leave criminals communities to reimagine what polic- man who was kidnapped, horribly tor- on the street. ing should look like, so everyone is tured, and killed. And I can just read Madam Speaker, I say to my col- safe. the last phrase of this section 250: leagues, vote ‘‘no’’ on this bill. Madam Speaker, hundreds of thou- The person may be in prison for not more Mr. NADLER. Madam Speaker, what sands of people in communities across than 10 years. do we hear from our Republican America are standing up and speaking So I have an amendment that I friends? ‘‘Marxism,’’ ‘‘antifa;’’ any- out for bold reform, organizing day thought should get some Democrat thing but dealing with the problem. after day, night after night, in big cit- votes. We are not going to pass any of Madam Speaker, I yield 3 minutes to ies and small towns. They have not ours unless we have Democrat votes. the gentlewoman from Washington just forced a necessary conversation; But I believe the death penalty in (Ms. JAYAPAL). they have prompted necessary action. lynching cases is totally appropriate, Ms. JAYAPAL. Madam Speaker, I So let us, today, heed these righteous certainly in some of them. That is why rise for Charleena Lyles, Che Taylor, voices of the powerful movement on I felt it was totally appropriate that Manuel Ellis, Tony McDade, George the ground so local communities, led the two people under Texas law that Floyd, Breonna Taylor, Rayshard by Black voices, can move forward on lynched, that killed James Byrd got Brooks, Eric Garner, Atatiana Jeffer- transformational changes. That begins the death penalty. It has already been son, Ezell Ford, Tanisha Anderson, today by passing the George Floyd Jus- implemented. Tamir Rice, Walter Scott, Philando tice in Policing Act. But I understood from hearing Chair- Castile, Gabriella Nevarez, Botham Mr. BIGGS. Madam Speaker, I yield 3 man NADLER say three times, I believe Jean. minutes to the gentleman from Wis- it was, the death penalty is barbarous. I rise for Eric Reason, Stephon Clark, consin (Mr. GROTHMAN). It is barbarous. It is barbarous. Okay, Dominique Clayton, Alton Sterling, Mr. GROTHMAN. Madam Speaker, it he made clear to his members, do not Michael Brown, Terence Crutcher, is going to be hard to think of some- support the Gohmert amendment. And Janisha Fonville, Oscar Grant, Freddie thing original to say, but I will give it I would be happy calling it the Bobby Gray, Laquan McDonald, Michelle a go. Rush amendment, because a life sen- Cusseaux, Akai Gurley, Jamar Clark, First of all, I would like to point out tence was originally in his bill. Ariane McCree, Frank Smart, Natasha that nobody I know defends Derek I offered—and it was spur of the mo- McKenna, Tony Robinson, Anthony Chauvin. And nobody I know doesn’t ment, I didn’t have it planned—okay. Hill. have sympathy for George Floyd and Look, you are stopping the members— I rise for Alexia Christian, Mya Hall, his family. That should go without say- this is what I am thinking—from vot- Calin Roquemore, Peter Gaines, Sandra ing. ing for my amendment. All right. I Bland, Demarcus Semer, Willie Till- The question is, what can we do to need Democrat votes. Let’s take out man, Alteria Woods, Jordan Edwards, prevent this sort of thing in the future? the death penalty and just say ‘‘any I personally believe that part of the term of years, including life,’’ and stop Aaron Bailey, Antwon Rose II, Pamela Turner, Salvado Ellswood, Darrius problem stems from the close relation- there, not the ‘‘or death.’’ ship that big city governments have They wouldn’t even agree to that. Stewart, Billy Ray Davis, Samuel DuBose. with the local unions. No. They are going to stop anything I had introduced a bill when I was in that Republicans want to do. I rise for Felix Kumi, Tyree the State legislature about 13 years We ought to be setting the example Crawford, India Kager, Antronie Scott, ago making it easier to get rid of an to those who are creating a Marxist Troy Robinson, Anthony Ashford, crime wave across our country trying Bettie Jones, Nathaniel Harris Pickett, underperforming policeman. That bill to destroy what we have instead of Aura Rosser, Dominique White, George went nowhere, as most of these bills go playing partisan games in here. Mann, William Chapman II, Brendon nowhere because very few people are I am glad to hear in here how much Glenn. willing to take on the unions. That being said, when I introduced the Democrats tried to reach out and b 1500 work with us, because I sure didn’t get the bill, I did expect it would save lives that message, because we were ready, I rise for all of our Black brothers, and would pass. I expected it to save willing, and able. sisters, and siblings who have been Black lives, and I expected it to save And it is further demonstrated in the killed by law enforcement in this coun- White lives. Senate, when TIM SCOTT was doing ev- try. Right now, you can Google Heather erything he could to get a bill passed, But, Madam Speaker, it is not Mac Donald. She’s pretty good on this and he couldn’t get any support. enough just to say their names. It is issue. Look, what do you see out in the not enough just to say that Black lives First of all, the number of lives lost streets? You see White spoiled adults matter. We must fight for Black lives in which an unarmed person was shot coming up to Black law enforcement and for real transformative justice. by a police officer has fallen the last 4 officers, spitting, just chiding them, Let us pass the George Floyd Justice years, from 70 lives to 28 lives, which is giving them all kinds of crud. The mes- in Policing Act as a bold, urgent, nec- a good step in the right direction. It sage is clear: We are White spoiled essary first step. It bans chokeholds doesn’t mean we shouldn’t do more. We brats, and you came off the plantation. and defines them as civil rights viola- should do more. Get back. tions. It bans no-knock warrants for The second thing I will point out is, That is what Clarence Thomas said drug cases. It establishes a public po- when adjusted for violent crime, actu- he felt like because he was a conserv- lice misconduct registry. It reforms ally, a higher percentage of White peo- ative that wanted to think for himself. qualified immunity and ends racial ple are killed by police than Black peo- But those same law officers are the profiling by law enforcement. ple, and it offends me that we don’t ones—I have seen the law officers I It requires reporting of incidents of bring that up. We try to racialize the know run to the sound of a gun to save use of force, stops, and searches, and issue. lives even of people that make fun of the demographics of those involved, The same day Breonna Taylor died, them. too. Duncan Lemp died in a situation,

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This year, I cosponsored JUSTIN They don’t want to talk about when In Mr. Floyd’s case, his breath was AMASH’s legislation to end qualified White people are killed because they literally being snuffed out as he cried immunity for public officials. want to enrage Black people, and they out for his dead mother. But for so So if the majority was seeking bipar- want to make White people feel guilty many Blacks in our country today, ‘‘I tisan support for police reform, they and not like America. But if you look can’t breathe’’ is just another way of would have had it. If they had sought at the studies, that is what it shows. saying, ‘‘I have no hope.’’ consultation, compromise, and co- Now, hopefully, these local govern- Today, this august body is going to operation, if they had reached across ments can do something to make it pass a piece of legislation that will the aisle, they would have found many easier to get rid of bad cops. But let’s begin the process of restoring hope, sincere allies among Republicans. look at how this bill affects the aver- hope to many whose ancestors fought My views on law enforcement were age person. The majority of cops, the for centuries to be included in the Na- shaped years ago when I had the honor vast majority of cops, are great cops. tion’s vision of liberty and justice for to work for the former Los Angeles po- What does it do to them? What it does all. lice chief, Ed Davis. His approach to is you take away qualified immunity, This legislation gives us an oppor- law enforcement proved highly effec- which means if you are a police officer, tunity to live up to what Alexis de tive. you become afraid to arrest somebody, Tocqueville observed about America’s While crime increased dramatically you become afraid to resist somebody, greatness. He wrote: across the rest of the country during these years, in Los Angeles, under you become afraid to pursue somebody. America is not great because it is more en- What is going to happen when we lightened than any other nation, but rather Chief Davis, it came down. He believed have a timid, neutered police force? because it has always been able to repair its in the policing principles of Sir Robert Right now, in Milwaukee—I don’t faults. Peel, that the police are simply an ex- represent Milwaukee, but my districts Today, we are seeking to repair some tension of the community. Chief Davis goes right up to it—the number of mur- faults in our policing system, a polic- believed that, and he practiced it. ders this year has gone up from 37 to 72 ing system whose foundation was built He introduced neighborhood watch, murders in the first 5-plus months, this upon two pillars of experiences, one by enlisting citizens to work in partner- year compared to last year. a group of Americans who came to ship with the police. He introduced the Basic Car Plan that matched patrol of- Does anybody care about all the peo- America of their own free will in ficers with individual neighborhoods so ple who are dying in the city of Mil- search of freedom, the other by a group that they would become a familiar, rec- waukee who aren’t killed by police? I of Americans who came to America ognized, and trusted presence in those don’t hear a lot about it. against their will and were enslaved for Already, they have cut the number of neighborhoods. 244 years. I believe the closer we adhere to police this year, and they are talking Vestiges of that system are still evi- about cutting the number of police these principles, the more effective law dent in today’s law enforcement cul- enforcement will become and the fewer next year. What effect will that have ture. Chokeholds on Black arrestees, on people dying? Does anybody care? I abuses we will see. no-knock entries into Black resi- Major parts of this bill move us clos- don’t hear anybody care about that. dences, militarized police forces in All they want to do is tear down the er to these principles, including the Black communities, and qualified im- need to open police records of mis- police. munity are all intended to preserve The SPEAKER pro tempore. The conduct, the restriction of no-knock rather than serve, intended to protect time of the gentleman has expired. warrants, the restriction of transfers of Mr. BIGGS. Madam Speaker, I yield perpetrators of excessive use of force military hardware to local police de- the gentleman from Wisconsin (Mr. rather than improve conditions and partments, and the encouragement of communities. GROTHMAN) an additional 30 seconds. police cameras. Mr. GROTHMAN. Madam Speaker, Today, House Democrats and, I hope, If these provisions were presented as then, finally, you talk about Black some of our Republican colleagues will standalone bills, I think many would Lives Matter. I want to talk about say by their votes that enough is pass with significant bipartisan sup- Black Lives Matter a little bit. enough, that it is time to apply the port. But by rolling them into a bill You look on their website, and they greatness of America equitably and to that imposes an ideological laundry want to disrupt the westernized, pre- all our citizens. list of operational restrictions and pro- scribed nuclear family. I thought ev- But we cannot stop here. Recent oc- cedures upon every police department erybody was for the family. Black currences have exposed and shone a in the country, it makes this bill un- Lives Matter, on their website, is spotlight on inequities in our wise, unworkable, and unsupportable. against the strong family. healthcare system, inadequacies in our Worse, it ignores the most serious Cofounder Patrisse Cullors says gov- educational system, and inappropriate- problem we face: the protection of bad ernment controls everything, and she ness in our electoral system. Liberty cops by collective bargaining agree- says, we are trained Marxists. That and justice for all remains a deferred ments that makes it all but impossible person is the cofounder of Black Lives dream for far too many. to fire them. Matter. Do you want to follow them Job losses, challenges in healthcare, Policing is a uniquely community- down the path of complete government eviction threats—people are trying to based function. New York, New York, control over everything? catch their breath. If they can’t and Auburn, California, are very dif- Mr. NADLER. Madam Speaker, I breathe, they can’t hope. ferent places with very different needs, yield 4 minutes to the gentleman from As a proud South Carolinian, I be- challenges, and standards. Running and South Carolina (Mr. CLYBURN), the dis- lieve in and try to live by that prin- micromanaging every local police de- tinguished majority whip of the House. ciple: ‘‘While I breathe, I hope.’’ With partment is far beyond our competence Mr. CLYBURN. Madam Speaker, I the passage of the George Floyd Jus- or authority. thank the gentleman for yielding me tice in Policing Act, we will all breathe So, even though there are provisions the time. a little freer and gain a little more in the bill I strongly support, I cannot The motto of my home State of hope. support the attempt to federalize local South Carolina is ‘‘Dum spiro spero.’’ Mr. BIGGS. Madam Speaker, I yield 4 police departments, which moves us That is a Latin phrase for: ‘‘While I minutes to the gentleman from Cali- further down a slippery slope I fear we breathe, I hope.’’ fornia (Mr. MCCLINTOCK). are already on. Today, as the House prepares to vote Mr. MCCLINTOCK. Madam Speaker, Looking at the wreckage on our on the historic George Floyd Justice 13 years ago, I partnered with Cali- streets, I feel the ultimate target of

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As a person of faith, I believe the re- Finally, I strongly condemn the sen- Needless to say, that hurts the com- sponsibility falls on each and every one timents expressed in so many forums munities we are trying to help the of us to ensure that everyone is treated that America is systemically racist. most. There isn’t a community meet- as a child of God. However, the reality There are racists of every color in ing out there that is asking for less po- is George Floyd was not treated as the every society. It is the baser side of lice. Minority neighborhoods or high child of God that he is. He wasn’t treat- human nature. crime neighborhoods want more police. ed that way when he said his last But no nation has struggled harder to Now, they want better policing, but words, ‘‘I can’t breathe.’’ transcend that nature and isolate and they want more of it. Justice demands that we must put an ostracize its racists than have Ameri- In the Senate, Democrats wouldn’t end to police brutality, racial profiling, cans. The American Founders placed even debate Senator SCOTT’s bill. Here white supremacy, and the vicious rac- principles in the Declaration of Inde- in the House, Democrats won’t let Re- ism in America. pendence that they believed would publicans offer a single amendment. Justice demands that long-suffering someday produce a nation of free men What reason could the majority pos- Americans be made whole for being de- and women of all races and religions, sibly have for refusing to work with nied their rights as Americans. together enjoying the blessings of lib- us? If there is anything that history has erty under the equal protection of our When Americans are demanding that taught us, it is that our laws must be laws. Lincoln denounced any other we work together toward common equal to all, and we must boldly affirm claim as ‘‘having an evil tendency, if goals, why won’t Democrats do so? that Black lives matter. Mr. BIGGS. Madam Speaker, I yield 2 not an evil design.’’ This is sad, cynical politics. The minutes to the gentleman from Texas An evil tendency and an evil design Speaker of the House would rather call Republicans murderers than work with (Mr. HURD). are exactly what the radical left has Mr. HURD of Texas. Madam Speaker, us on solutions. introduced into our society, and it is today we are missing an opportunity to But it was never really about police tearing our country apart. pass an overwhelmingly bipartisan bill. reform. The majority’s eyes and ac- Mr. NADLER. Madam Speaker, I We are missing an opportunity for a tions are fixed on November, not police yield 1 minute to the distinguished police reform bill to actually become gentlewoman from Florida (Mrs. reform. It is not too late. I urge my col- law. We are missing an opportunity to DEMINGS). do our part to prevent another Black Mrs. DEMINGS. Madam Speaker, I leagues to do the right thing and work with us to send a bill that the Presi- person from dying in police custody. joined the police department in 1984. Everyone here believes, as I do, that dent will sign. Few words can describe the feeling that whether your skin is black or your uni- Mr. NADLER. Madam Speaker, I I had when I took my oath to protect form is blue, you should not feel tar- yield 1 minute to the distinguished and serve. I took it to heart. geted in this country. We all know the majority of police gentleman from California (Mr. We have failed to do one simple officers do the job well every day. But CORREA). thing: empower police chiefs to perma- today is about those who don’t, those Mr. CORREA. Madam Speaker, I nently fire bad cops. who should have never been hired, or thank the gentleman for yielding. This is one of the most important those who have forgotten their oaths of I join Congresswoman BASS in sup- things Congress could have addressed. office. port of H.R. 7120, the George Floyd Jus- Keeping bad cops off the force could tice in Policing Act. b 1515 prevent another killing like George The tragic death of George Floyd and Floyd. It would protect good police of- Police misconduct has resulted in the countless others will not be in vain. ficers by ensuring bad officers, like deaths of George Floyd, Breonna Tay- This bill is a comprehensive approach George Floyd’s murderer, don’t soil the lor, and Rayshard Brooks—people who on policing that aims to end decades of reputations of good officers. should be alive today. systemic racism, and I ask my col- Just a few months ago when dealing As Members of Congress, our primary leagues to join us in support of this with the COVID–19 pandemic, we responsibility is the health, safety, and measure. worked together as one Congress—not well-being of the American people. We I had hoped that arrest disparities, two parties—to pass needed relief to have made progress. We have come a especially cannabis-related arrests, our fellow citizens. That is the spirit long way, but we still have a ways to would have been part of this measure. that I wish was in this Chamber today. go. Good police officers want us to get According to the ACLU, Black people Mr. NADLER. Madam Speaker, I there. They need us to help them im- are more likely to be arrested for mari- yield 1 minute to the gentleman from prove the profession that they love. juana possession, and in some States Colorado (Mr. NEGUSE). As a former police officer and a po- they are up to 10 times more likely to Mr. NEGUSE. Madam Speaker, I lice chief, I am supporting the George be arrested for cannabis possession. We want to extend my condolences to my Floyd Justice in Policing Act. Passing can’t ask our police officers to enforce good friend and to the Speaker for her this bill will change much. I ask my flawed cannabis policy. Cannabis use is recent loss. colleagues to vote for it and pass this a social and medical issue and not a Madam Speaker, I rise today in sup- legislation. criminal matter. port of the George Floyd Justice in Po- Mr. BIGGS. Madam Speaker, I yield 2 Let’s not ask our police officers to do licing Act, a powerful and trans- minutes to the gentleman from Texas the impossible. I ask for reform in can- formative bill that will ultimately help (Mr. CRENSHAW). nabis policy immediately. save lives. Mr. CRENSHAW. Madam Speaker, I Mr. BIGGS. Madam Speaker, I re- In the wake of the tragic deaths of rise today in opposition to this bill, serve the balance of my time. Breonna Taylor, George Floyd, Elijah which is unfortunate because it doesn’t Mr. NADLER. Madam Speaker, I McClain, Michael Marshall, and so have to be this way. There is actually yield 1 minute to the distinguished many others, it is critical and it is our a lot of agreement on much of this bill. gentlewoman from Texas (Ms. GARCIA). duty to act. As a multicultural and Honestly, I was pleasantly surprised Ms. GARCIA of Texas. Madam Speak- multiracial movement sweeps our Na- when I read it, and if we voted on this er, I rise to express my strong support tion and as communities across the section by section, I believe there are for the George Floyd Justice in Polic- country plead for change, it lands on some areas where there would be an ing Act. each of us to act. overwhelming bipartisan majority for It is past time for Congress to make This bill will ban chokeholds. It will some necessary and crucial reforms. systemic changes on issues of racism, bring transparency by standing up the

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.057 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE H2466 CONGRESSIONAL RECORD — HOUSE June 25, 2020 first ever national database of civilian do have the power to change the law, The SPEAKER pro tempore. Without police encounters, and it will provide to make it more just, and to combat objection, the gentleman from Ohio additional tools to the Department of structural racism through measurable, controls the balance of the time. Justice and State attorneys general for meaningful reforms. There was no objection. pattern or practice investigations. Change starts here today. Mr. JORDAN. Madam Speaker, I We must enact these reforms. We Mr. BIGGS. Madam Speaker, I re- yield as much time as he may consume must stand up on the side of justice serve the balance of my time. to the gentleman from the State of Ar- and equality. We must act. Mr. NADLER. Madam Speaker, I izona (Mr. BIGGS), chairman of the Madam Speaker, I urge my col- yield 1 minute to the distinguished Freedom Caucus, and my good friend leagues to support this bill. gentlewoman from Pennsylvania (Ms. and great Member. Mr. BIGGS. Madam Speaker, I re- DEAN). Mr. BIGGS. Madam Speaker, I thank serve the balance of my time. Ms. DEAN. Madam Speaker, I, too, the gentleman for yielding some time Mr. NADLER. Madam Speaker, I offer you my and my family’s sym- to me. yield 1 minute to the gentlewoman pathies on the loss of your father. Madam Speaker, we consider some- Madam Speaker, it is my privilege to from Georgia (Mrs. MCBATH). thing very serious today, and that is rise in support of this historic bill, the Mrs. MCBATH. Madam Speaker, I do reformation of policing. And we are, as offer you my deepest condolences. George Floyd Justice in Policing Act. Federal elected officials, reaching into We stand here today keenly aware Enough is enough. State and local police agencies. And if Racial injustice has been right before that we are living through history. Yet this bill were to become law, we are our eyes for far too long—Amadou again, racism and injustice have imposing the values of us collectively— Diallo, Eric Garner, Tamir Rice, opened painful wounds 400 years in the because that is the way this works—on Breonna Taylor, Rayshard Brooks, and making. those State and local agencies. George Floyd. We can no longer turn a I lost my son, Jordan, to those Madam Speaker, when we had this blind eye. We need to meet this civil wounds. And, yes, my Black son’s life debate in the Committee on the Judici- rights moment of national anguish. We did matter. With each gut-wrenching ary, it was often pointed out by some must insist on bold change, not sur- video, I am reminded of the hole left in on my side of the aisle that there was render to a bare minimum. my heart by the murder of my own son. Unarmed Black Americans are being movement afoot to defund, and in some That is my history. It is the history of murdered in the street by those who cases, even eliminate police agencies at far too many Black Americans, and it have sworn to protect and serve. This the local and State level. And that was is a history that can never, ever be is not a Black problem. It is my prob- viewed as a ruse, as a deflection from erased. lem. It is your problem. It is our Amer- the issue. But in reality, indeed, this But America has always been able to ican problem. bill itself will have that effect. rise to the tests of our time. Our future We must ban chokeholds, no-knock Madam Speaker, see, on the front is etched in the courage of our convic- warrants, and finally hold officers ac- side of it, you have a radical group of tions, and today we must respond with countable. folks, people who are agitating to actu- bold action. George Floyd’s daughter said, ‘‘My ally defund or eliminate police agen- Madam Speaker, to save American daddy changed the world.’’ Let’s come cies—whether they are affiliated with lives, to create a better future for our together and honor her words. Let’s any of my colleagues, I don’t know. We children, and to help mend the wounds change the world with this trans- have had some Members of this body of hate and violence, our response is formative bill. suggest that their own police depart- clear. I urge my colleagues to support Mr. BIGGS. Madam Speaker, I re- ments are cancerous and should be am- the George Floyd Justice in Policing serve the balance of my time. putated. We have seen that. Act. Mr. NADLER. Madam Speaker, I And then on the other hand, though, Our time is now. yield 1 minute to the gentlewoman this bill actually is a rear-guard ac- Mr. BIGGS. Madam Speaker, I re- from Florida (Ms. MUCARSEL-POWELL). tion. serve the balance of my time. Ms. MUCARSEL-POWELL. Madam So you have a frontal attack on Mr. NADLER. Madam Speaker, I Speaker, my condolences. I just heard State and local police—eliminate yield 1 minute to the distinguished about your father. them. Then you have a rear-guard ac- gentleman from Arizona (Mr. STAN- Madam Speaker, today I rise in tion. That is what this does. It brings TON). strong support of the George Floyd power to control local and State police Mr. STANTON. Madam Speaker, I Justice in Policing Act. Today marks 1 to this body. rise today in support of the George month since George Floyd called out, Madam Speaker, as my friend from Floyd Justice in Policing Act. ‘‘I can’t breathe,’’ as an officer suffo- California said earlier, one of the most I want to thank Chairman NADLER cated him to death and two complicitly unique things about policing is it is and Congresswoman BASS for their un- watched. The world has joined Mr. tied to community. So we need to con- wavering leadership on this historic Floyd’s family in demanding that we sider that. We need to consider that legislation. take action. South Florida and my con- this bill will actually have the impact Black lives matter. George Floyd was stituents are demanding action. that so many seem to want, and that is murdered 1 month ago today. This We can’t bring him back, but we can to attenuate State and local policing. month has been a painful and reflective bring justice to him; to his 6-year-old So when we start talking about quali- period for our Nation, and the House daughter, Gianna; his family; and his fied limited immunity and the pro- has taken an essential step to heal that brother, Philonise. posed elimination of that in this bill, I We can put an end to chokeholds and pain with this bill. recall that there were several Members hold every police officer accountable Today, we vote on long overdue legis- from my side of the aisle that wish to for their actions. We can honor the life lation to bring greater accountability see that. I mean, Mr. MCCLINTOCK said and legacy of Breonna Taylor, whose and transparency into policing and to he would like to see it done away with. murderers still walk free, and we can help make everyone more safe. The Others said the same thing. But there and must serve the memory of the specific measures included in this bill, were also efforts and attempts to mod- countless other lives that have been from banning chokeholds and no-knock ify the qualified limited immunity taken and brutalized by bringing law warrants to eliminating qualified im- enforcement back to their roots of pro- rules. munity, are critical steps to improve Madam Speaker, now why is this im- tecting and serving. policing practices. It includes reforms The time for bold and profound ac- portant? Because you need to under- to combat racial profiling and right in- tion is now. stand that QLI does not protect a po- justices that exist in America today. lice officer from charges for illegal or The ability to end racism in our b 1530 unconstitutional conduct. It just country is beyond the reach of Con- Mr. JORDAN. Madam Speaker, I ask doesn’t. But when you totally elimi- gress. We don’t have the power to unanimous consent that I be permitted nate it, the same protections that are change every heart and mind, but we to control the balance of our time. there for, whether it is a schoolteacher

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.059 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE June 25, 2020 CONGRESSIONAL RECORD — HOUSE H2467 or social worker or some other govern- Mr. NADLER. Mr. Speaker, I yield 1 House floor to be voted on in a rush ment worker, police officers will now minute to the gentlewoman from Texas process. That is not an American solu- be left without protection whatsoever. (Ms. ESCOBAR). tion to an American problem. And the result will be, it will be harder Ms. ESCOBAR. Mr. Speaker, I rise in We have seen calls to defund the po- to recruit, train, and retain police offi- support of the George Floyd Justice in lice and dismantle police departments cers. We are not going to have the best Policing Act. across the United States. We all know police officers we can get anymore. Mr. Speaker, the day our country that can only lead to bad outcomes. We Madam Speaker, so what is going to witnessed the brutal murder of George all know that the police are there to happen, then, is you are going to see Floyd was a critical tipping point for protect and to serve. fewer police officers. So you are going America. His murder has sparked a Yes, we all know that there are bad to see, for instance, in one of the big movement—one of renewed calls for policemen out there. We all know there cities in my State, hundreds of vacan- civil rights and justice for all. are bad actors in every profession, and cies already there. You will see that Hundreds of thousands of Americans we know that they need to be weeded move to thousands of vacancies. You have been marching in the streets. out. We need to do that. And we also will see fewer police on the street. They are not asking for incentives for know that those bad policemen are as Those police who are there will have to studies or for task forces. No, they are offensive to the good policemen as they make a calculated cost-risk-ratio as- asking and marching for and demand- are to anyone. No one wants to see sessment. ing meaningful change and meaningful them weeded out more than the good And that assessment will be this: If I reform. And it is up to us to rise up and policemen want to see them weeded get involved in this particular situa- deliver on change that will meet this out. This bill does nothing to address tion, what will be the risk to my fam- moment. those calls and reassure Americans ily going forward? If you want police Mr. Speaker, I pray that our Repub- that things will happen. officers to make that calculation, I can lican colleagues have a change of heart No, this is a partisan bill with no Re- guarantee you they will say it is better and decide to join us on our journey to- publican involvement whatsoever. This if I sit in my car. I will wait till this ward true reform. This bill is only the bill also doesn’t take appropriate steps situation has been ameliorated and beginning and we need to push for a to ensure that law enforcement officers then I will step forward. So you will whole-of-government response—from are working to improve their relations have less policing, fewer officers, and Congress, to the statehouse, to the city with the community—the community that they serve and protect. We have that will mean higher crime. More halls all over America. crime. Mr. Speaker, our country deserves no all said we need community policing. Madam Speaker, I can’t help but less. This moment deserves no less. You ask any policeman, any good po- liceman out there, ‘‘What is the best comment on something that was said George Floyd deserves no less. by the chairman earlier today, some- Mr. ARMSTRONG. Mr. Speaker, I police practice?’’ And they will tell you thing that was iterated the other day ask unanimous consent to control the ‘‘Community policing.’’ That is what we need. in our Committee on the Judiciary balance of the time of the minority. hearing on this, where a gentleman Mr. Speaker, instead, this bill limits The SPEAKER pro tempore (Mr. CAS- said at that time the same thing that their ability to do their jobs, and it TRO of Texas). Without objection, the keeps them in their cars rather than the chairman said today, that effec- gentleman from North Dakota controls interacting with the people in their tively antifa was a fiction. It was imag- the balance of the time. communities. That is what they want inary. It was like a unicorn, for Pete’s There was no objection. to do. They are not there for the sake. Mr. ARMSTRONG. Mr. Speaker, I I refer them to a CNN article from, I money. We know that. There is not a yield as much time as he may consume believe, it is 2018, where a couple of single police person out there that is to the gentleman from Georgia (Mr. CNN reporters interviewed leaders of there for the money. They are there to CARTER). the antifa movement and iterated that protect and to serve. And they want Mr. CARTER of Georgia. Mr. Speak- some members don’t want to advocate community policing. That is what they er, I thank the gentleman for yielding for violence but others do because they want. me the time. have an objective and they believe that Mr. Speaker, in my district, we had a Mr. Speaker, I come here for two pur- violence will help them get their objec- tragic death of a young man whose life poses: One is to express my opposition tive. I don’t think CNN thinks antifa is ended way too early—Ahmaud Arbery. to this bill. a fiction. Apparently, here, we do, This was something that none of us My second purpose is to express my though. should accept in our society, and none Madam Speaker, but I have to say hope, my hope that we can come to- of us will accept in our society. It that as we are talking about taking gether and that we can negotiate a should have never happened. away—back to the QLI—qualified im- long-lasting and a significant com- We have had protests. We should munity, one of the members of the promise, an American compromise to have protests. I am very proud of the Committee on the Judiciary said, Well, an American problem. First Congressional District because look, here is what will happen: We just Just yesterday, the Democrats in the our protests have been productive. Yes, tell the police officers to go get an E&O Senate blocked Senator TIM SCOTT’s we should protest and, yes, we are pro- policy, get an errors and omissions pol- bill, the JUSTICE Act. They blocked it testing. And we are getting results be- icy, like I have to do as an attorney or from moving forward with debate. cause we are protesting in the right like doctors have to do. They blocked it from moving forward way. We are protesting to change the Well, I viewed that statement at the for compromise and for negotiation. system. That is what we want to do. time as an accidental omission that That is not an American solution. We are protesting to have an American elimination of qualified limited immu- We all agree this is an American solution to an American problem. nity will actually leave police officers problem. We all agree we need an Mr. Speaker, the right path forward unprotected and subject to the avari- American solution, and we all agree is discussion and negotiation with our cious litigation of trial attorneys. And that that means we have to have nego- eyes, with our goal, with our mission I say that as a guy who was a trial at- tiation. That means we have to have set on real reforms. This bill doesn’t torney. I am really familiar with how compromise. have that. This bill doesn’t represent that works. Mr. Speaker, the minority leader in that. This bill is not an American solu- So this bill will nationalize policing the Senate wouldn’t even allow our tion to an American problem. That is while at the same time result in higher counterparts in the Senate to discuss why I am urging my colleagues to op- crime, less policing, less safety. That solutions and allow them to decide if it pose this bill. That is why I am urging always means there will be less respect is the right path forward. Now, here we my colleagues to negotiate, to com- for rights for individuals in this coun- find ourselves in the House facing a sit- promise. That is why I am encouraging try. uation where we have a partisan bill, my colleagues to come up with an Madam Speaker, I urge my col- drafted without Republican involve- American solution to an American leagues to vote ‘‘no’’ on this bill. ment, that is being brought to the problem.

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.060 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE H2468 CONGRESSIONAL RECORD — HOUSE June 25, 2020 Mr. NADLER. Mr. Speaker, I yield 1 Why democracy means Mr. Speaker, I rise in strong support of the minute to the distinguished gentle- Everybody but me. George Floyd Justice in Policing Act. I am an woman from Minnesota (Ms. OMAR). I, too, am America. original co-sponsor of The Justice in Policing Ms. OMAR. Mr. Speaker, I thank the Mr. JORDAN. Mr. Speaker, I reserve Act which will for the first time ever under fed- chairman for yielding. the balance of my time. eral law: Mr. Speaker, I rise today on behalf of Mr. NADLER. Mr. Speaker, I yield 1. establish national standard for the oper- the people of my city of Minneapolis, 11⁄4 minutes to the gentleman from ation of police departments; who are angry, who are sick, who are Kentucky (Mr. YARMUTH). 2. mandate data collection on police en- tired of being murdered at the hands of Mr. YARMUTH. Mr. Speaker, I rise counters; police. today in support of the George Floyd 3. reprogram existing funds to invest in I rise on behalf of Jamar Clark, who Justice in Policing Act because it is an transformative community-based policing pro- was shot in the back and killed by Min- abomination that the people who keep grams; neapolis police in 2015. me safe cause others to live in fear. 4. streamline federal law to prosecute ex- I rise on behalf of Philando Castile, I rise because I was Breonna Taylor’s cessive force and establish independent pros- who was brutally murdered by police. Congressman, and I will continue to ecutors for police investigations; I rise on behalf of Black mothers, represent her until she gets justice be- 5. make Lynching a federal crime to con- like myself, who stay up worried every cause Breonna Taylor, when her door spire to violate existing federal hate crime single night so that their sons can was broken down after midnight, laws. come home safe. wasn’t just killed by one cop, a bad Among other specifics it will: make it easier I rise on behalf of Eric Garner, San- apple, or even three. for the federal government to successfully I rise because Breonna Taylor was dra Bland, Frederick Gray. prosecute police misconduct cases, end racial killed by a system, a system that al- I rise on behalf of George Floyd, who and religious profiling, and eliminate qualified lowed police to blindly fire 22 shots, was brutally murdered, and his brutal immunity for law enforcement. killing an unarmed woman in her murder touched our Nation. The bill incentivizes the use of independent home, and says that is not a crime. I rise because so many can no longer prosecutors for police misconduct investiga- I rise because Breonna Taylor’s rise. When we build a system that pro- tions, helps take equipment made for war off story, though tragic, is not unique. Be- vides equal justice for everyone here in of our streets, and requires the use of body cause far too often, that system is America, we might finally all rise. and dashboard cameras. The legislation bans more interested in shielding those who the use of choke holds and no-knock warrants b 1545 perpetrate these atrocities than seek- the federal level and encourages states to do ing justice for those it is meant to Mr. JORDAN. Mr. Speaker, I reserve the same. the balance of my time. serve. And because, while tragedies This bill contains no new federal funds for Mr. NADLER. Mr. Speaker, I yield 2 like Breonna’s are not uncommon, and policing except where constitutionally-man- minutes to the gentleman from Mis- millions must live in fear for their dated for data collection and conditions ac- souri (Mr. CLAY). lives every single day—I am not one of cess to federal grants based on a state’s will- Mr. CLAY. Mr. Speaker, our Nation them. People who look like me are not ingness to adopt the transformative provisions has reached an inflection point in our among them. in the bill. Instead it reprograms existing I rise because this system is far too history. Our country is demanding grants to law enforcement and reinvests in our badly broken for Band-Aid solutions. change after four centuries of systemic communities by supporting critical community- And this bill, the most dramatic re- racism toward African Americans. based programs to change the culture of law thinking of policing ever to come be- The Members of this body must lis- enforcement and empower our communities to fore the United States Congress, is a ten and respond to the millions of reimagine public safety in an equitable and much-needed and long-overdue step. Americans who want this country to just manner. And every day we delay will cost more correct course and move toward the The ‘‘Executive Order’’ signed by President lives. Constitution’s promise of equal justice Trump recently was too little, too late. Sur- under the law. I rise because hundreds of thousands have risen up and made their voices rounded by bellicose declarations of ‘‘law and Your neighbors, friends, children, and order’’ in the face of persistent and on-going grandchildren are demanding that we heard and shown me the way. And most importantly, I rise because murder of Black men and women, especially pass the George Floyd Justice in Polic- Black lives matter. our youth, it was nothing less than an insult ing Act and subsequently move forward Mr. JORDAN. Mr. Speaker, I reserve and an attempt to deny the demands put for- in a comprehensive way to erase the the balance of my time. ward by more than three weeks of protest and stain of racism on this Nation existing Mr. NADLER. Mr. Speaker, I yield calls for real change by hundreds of thou- since Africans first were brought myself such time as I may consume. sands in more than 100 cities, towns and vil- ashore. Just today, we heard the following: lages in every state of the union. This is the moment. History will ‘‘We are just going to go out and start I view the Justice in Policing Act as a long judge us by our actions today, at this slaughtering them.’’ North Carolina overdue minimum federal action to address pivotal moment. Future generations cops fired after racist talk of killing 400 years of terrorism against the African will look at this moment and wonder, Black residents. ‘‘Wipe them off the American community and other oppressed when you had the opportunity to stand F’ing map. That will put them back communities and our responsibility as Mem- and guide our country in its ongoing about four or five generations.’’ bers of Congress to utilize the power of the quest to be a more perfect union, the That is why we say it is systemic rac- voice of the people in streets in every corner question will be asked: What did you ism. of our nation to take decisive and meaningful do? You can, today, begin to make I yield 1 minute to the gentleman steps to redress the centuries of brutalization right the many wrongs perpetrated from Illinois (Mr. DANNY K. DAVIS). of our people. upon people of color and ensure our Mr. DANNY K. DAVIS of Illinois. Mr. Mr. JORDAN. Mr. Speaker, I reserve country lives up to its great promise. Speaker, I rise in strong support of this the balance of my time. So we must get to yes. Vote ‘‘yes’’ on legislation that is long overdue. As a Mr. NADLER. Mr. Speaker, I yield this legislation to improve the quality matter of fact, people like me have the balance of my time to the gentle- of life for people that are as American been fighting these issues for years and woman from California (Ms. BASS), as any one of you. years. Now, we get an opportunity to chair of the Crime, Terrorism, and As video evidence has clearly shown, actually vote. Homeland Security Subcommittee and African Americans are still due all the I want to thank Chairman NADLER sponsor of this important legislation, rights and privileges granted by the and Chairman BASS for giving us the and I ask unanimous consent that she 14th Amendment. opportunity to vote on what might be- may control the time on the majority In the words of the Missouri poet come and should be the most impor- side. Langston Hughes: tant legislation we will pass this year, The SPEAKER pro tempore. Is there I swear to the Lord because it does say that Black lives, objection to the request of the gen- I still can’t see and all lives, matter. tleman from New York?

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.061 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE June 25, 2020 CONGRESSIONAL RECORD — HOUSE H2469 There was no objection. democracy. It is unhealthy for public then the economy, so much uncer- Ms. BASS. Mr. Speaker, I yield 1 safety. It is unhealthy for the brothers tainty, and finally the brutality en- minute to the gentlewoman from Flor- in blue, and I stand here as the co-chair acted on George Floyd as he was mur- ida (Ms. WASSERMAN SCHULTZ). of First Responders and Public Safety dered on the streets of Minneapolis. Ms. WASSERMAN SCHULTZ. Mr. in Congress. It is time we make clear The legitimate protest movements get- Speaker, today, we take a crucial step that Black lives matter and never for- ting overshadowed and overrun by an- toward racial justice. We do it in the get it. archists who simply wish to destroy name of George Floyd, Breonna Taylor, Mr. JORDAN. Mr. Speaker, I reserve America and burn it all down. This has Tony McDade, Corey Jones, and all of the balance of my time. been a brutal summer, and it is only those lives unjustly taken by law en- Ms. BASS. Mr. Speaker, I yield 1 June. forcement. minute to the gentlewoman from Mas- Number two, with very few excep- We mourn and say their names on sachusetts (Ms. PRESSLEY). tions, this House is united in wanting the House floor because their lives and Ms. PRESSLEY. Mr. Speaker, I rise to deliver for the country. I have spo- all Black lives matter. today on behalf of every Black family ken to dozens of Members on both sides So let’s move to end the policing cul- that has been robbed of a child, on be- of the aisle, and this body wants to act. ture that lacks real transparency and half of every family member that has Every call that I have been on since accountability. Let us unite to ban been forced to see their loved one the murder of George Floyd has been a barbaric chokeholds and build the na- lynched on national television. near-universal desire for action and tional misconduct registry so problem- Driving while Black, jogging while meaningful reform. We believe our bill atic police don’t just move to another Black, sleeping while Black, we have does that. I know there is disagreement town to keep a badge. been criminalized for the very way we there, though. But I also know we are Let’s outlaw racial profiling, quali- show up in the world. not that far apart. fied immunity for rights-violating po- Under the harsh gaze of far too many, Finally, we all know that today’s bill lice, and dangerous no-knock warrants. my black body is seen as a threat, al- will not become law. I know my col- This bill targets bad actors and prac- ways considered armed. Centuries of leagues are sincere in their desire to tices and affirms the standards profes- institutionalized oppression will not be enact this law, but we know that this sional law enforcement set for them- undone overnight, for racism in Amer- will never see the light of day in the selves, including a duty to serve and ica is as structural as the marble pil- Senate, and there is no chance that it protect. lars of this very institution. will be signed into law. Half-measures are not acceptable, With the power of the pen, we must Yesterday, on the Senate floor, we not when men and women are killed be- legislate accountability, dismantle saw Senator SCOTT deliver a powerful, cause of their skin color. these systems, and move in the direc- impassioned plea for compromise and Let’s seize this moment to dismantle tion of justice and healing. debate, true negotiation. We all know The Justice in Policing Act is a crit- the centuries of institutional racism that that is the only way that we can ical step forward, and I applaud the embedded in our justice system. live up to our duties as Members of By the way, in response to what the leadership of the Congressional Black Congress and deliver for the people of gentleman on the other side of the Caucus. this country who so desperately need a But our work is unfinished. There is aisle said about an American solution win right now. a rallying cry in communities across for an American problem, it doesn’t get We live in divided government, the Nation. Black Lives Matter is a more American than making sure that whether we like it or not. To the ma- mandate from the people. It is time. justice is meted out fairly and without jority, I would say: You are the major- Pay us what you owe us. Our black ity. This choice is yours. Please do not regard to one’s skin color. skin is not a crime. It is the beautiful Let us all bend the arc toward justice let it slip away. robe of nation builders. b 1600 by voting for the George Floyd Justice Mr. JORDAN. Mr. Speaker, I yield 3 in Policing Act. minutes to the distinguished gen- Ms. BASS. Mr. Speaker, I yield 1 Mr. JORDAN. Mr. Speaker, I reserve tleman from Ohio (Mr. GONZALEZ). minute to the gentleman in California the balance of my time. Mr. GONZALEZ of Ohio. Mr. Speak- (Mr. TAKANO). Ms. BASS. Mr. Speaker, I yield 1 er, while I will not be supporting this Mr. TAKANO. Mr. Speaker, I rise minute to the gentleman from New bill today, I do want to commend my today in support of the George Floyd Jersey (Mr. PASCRELL). colleagues for bringing this debate to Justice in Policing Act. This is nec- Mr. PASCRELL. Mr. Speaker, ‘‘The floor. essary and bold legislation that in- arc of the moral universe is long, but it Mr. JEFFRIES, Mr. RICHMOND, and cludes critical provisions to hold police bends toward justice,’’ Martin Luther many others who I have watched on accountable and to save lives. It in- King said. television back in my office have spo- cludes a ban on no-knock warrants I want to thank Chairwoman BASS, ken with a conviction and a truth that that would have saved Breonna Tay- Chairman NADLER, and Senator BOOKER cannot be denied. lor’s life, a ban on chokeholds that for their leadership on this landmark As a former professional and college would have saved George Floyd’s life, piece of legislation. football player, I have been hearing and the prohibition on racial profiling We stand here today at a great moral these painful stories for my entire that would have saved Rayshard reckoning. For millions of Black and adult life from my own teammates. I Brooks’ life. Brown Americans, our country is un- have seen it myself when I went out in Breonna Taylor, George Floyd, equal. The traumatic murders of Black the community with some of my Afri- Rayshard Brooks, and so many other and Brown Americans by the very peo- can-American friends. innocent Black lives were ended by law ple and institutions meant to protect While I can never fully understand enforcement officers, who often faced them make clear something needs to its effects or its impact, I know it is little to no consequences for their ac- change. real. We have to address it around our tions. I watched the protests. I have heard dinner tables, in our communities, and This bill also reforms qualified im- the courage and cries for justice. I have here on the House floor. Black lives munity for law enforcement, which is a marched. have always mattered. barrier to achieving justice for victims And today, we show that this House I also know a few other important of police brutality. The Senate major- is listening. things. ity’s idea of compromise is to strip this The George Floyd Justice in Policing Number one, the American people are section out of the bill. I say no. Act is the largest reform Congress has starving for us to work together in a A police officer has held his knee to undertaken in generations. It is no half bipartisan way to get a passable bill on George Floyd’s neck for 8 minutes and measure but a full measure. the President’s desk and signed into 46 seconds, leading to his death. This The growing divide between our men law. atrocious act has finally forced us to and women in blue and the public they This has been one of the most brutal confront the racism deeply rooted in are sworn to protect is unhealthy for times in our life. First the coronavirus, our institutions.

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.063 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE H2470 CONGRESSIONAL RECORD — HOUSE June 25, 2020 Congress must act. Vote ‘‘yes’’ on the in Policing Act. I want to commend legislation and rise to the occasion in George Floyd Justice in Policing Act. our chairwoman of the Congressional the wake of the many injustices that Mr. JORDAN. Mr. Speaker, I reserve Black Caucus for her tremendous lead- have come to light across our Nation. the balance of my time. ership. But, today, I am saddened, saddened Ms. BASS. Mr. Speaker, I yield 1 George Floyd, Breonna Taylor, that the majority has slammed the minute to the gentleman from Cali- Ahmaud Arbery, Rayshard Brooks, Eli- door shut on Republicans, slammed the fornia (Mr. MCNERNEY). jah McClain, for them, and for all of door shut on real reform, slammed the Mr. MCNERNEY. Mr. Speaker, rac- the other Black lives that matter, we door shut on bipartisanship, and ism persists in America today, and its need, and this bill provides, concrete slammed the door shut on Senator TIM poison pervades our institutions, cre- Federal reforms to address the root SCOTT’s proposals as we sought to work ating barriers that magnify inequality causes of these injustices. together to find a bipartisan solution. and injustice. George Floyd and so many others Instead of working across the aisle To Black Americans and commu- like him should be alive today. With on this important matter, and instead nities of color, this comes as no sur- the Justice in Policing Act, we can, of taking Senator SCOTT up on his offer prise. But, unfortunately, it has taken like the Reverend Dr. Martin Luther to work together on a bill that could be many Americans too long to acknowl- King said, bend the arc of justice, when signed into law, the majority is push- edge this truth. We cannot ignore how all Americans will be treated with hu- ing a bill through the House that can- the remnants of slavery and the Jim manity and dignity by law enforce- not be signed into law and that will, in Crow era have maintained a stronghold ment. fact, impede the ability of good police on our institutions. During this moment of national an- officers to do their jobs effectively and, Our criminal justice system guish, we must insist on bold change. further, allow bad cops to hide behind disproportionally penalizes Black This legislation is necessary to save police union collective bargaining Americans and people of color with al- lives and to seek justice, and I am agreements. most blanket immunity for those who proud to cast my vote in favor of this During the markup of this legisla- disregard human life and dignity. But, legislation today. tion, my colleagues and I offered a today, we have an opportunity to right Mr. JORDAN. Mr. Speaker, I reserve dozen reasonable amendments in an ef- these wrongs and to tell the world that the balance of my time. fort to improve this bill. My amend- the U.S. House of Representatives be- Ms. BASS. Mr. Speaker, I yield 1 ment to ensure collective bargaining lieves that Black lives matter. minute to the gentlewoman from New agreements do not protect racist and The George Floyd Justice in Policing Mexico (Ms. HAALAND). violent officers was rejected by Demo- Act would make much-needed reforms, Ms. HAALAND. Mr. Speaker, our jus- crats at the markup and under the from holding police accountable to tice system has been biased: slavery; closed rule today, unfortunately, was combating racial profiling. the Trail of Tears; blankets laced with not made in order. When this law passes, this will make smallpox; Jim Crow laws; and, re- While I do thank the gentlewoman, a real difference in American life. I cently, Breonna Taylor and George the chair of the subcommittee, in en- urge my colleagues to vote ‘‘yes’’ on Floyd. Justice has never been just for suring that portions of my amendment this essential legislation. everyone, but only for some people. were included and that the Department Mr. JORDAN. Mr. Speaker, I reserve The barriers that have long blocked of Justice now would have the ability the balance of my time. to pursue bad cops through consent de- Ms. BASS. Mr. Speaker, I yield 1 many people from achieving the Amer- crees regardless of collective bar- minute to the gentleman from Virginia ican Dream have been revealed most recently under the knees of police. The gaining barriers, it fails to directly ad- (Mr. CONNOLLY). Mr. CONNOLLY. Mr. Speaker, I racism in our system is long-lasting, dress the many troublesome provisions thank my good friend from California and change is long overdue. That is found in collective bargaining agree- for her brilliant leadership on this very why I support the Justice in Policing ments that my amendment would have important matter. Act. prevented, provisions like ensuring ac- Mr. Speaker, I rise in support of the This bill is a beacon of hope to vic- cess to evidence for officers before bill, the George Floyd Justice in Polic- tims of the systemic racism that interviews or interrogations about al- ing Act of 2020. I am proud to cosponsor plagues our criminal justice system. leged wrongdoing occurred; provisions this long-overdue proposal to end bru- This bill envisions a new model of pub- delaying officer interviews after al- tality in law enforcement and to ad- lic safety that works to end racial bias; leged misconduct; mandating the de- dress the systemic racism that has promotes de-escalation training in- struction of disciplinary records—no- marred American law enforcement for stead of militarization; and is built on body wants that to be a policy of a too long. community trust, transparency, and local police department; prohibiting With this legislation, we finally say accountability. the investigations of misconduct after enough is enough. We have had enough I urge my colleagues to vote ‘‘yes’’ a set length of time; prohibiting the in- of racial and religious profiling. We on this historic bill. vestigation of anonymous complaints; have had enough of no-knock warrants Mr. JORDAN. Mr. Speaker, I yield as requiring arbitration after being dis- and chokeholds. We have had enough of much time as he may consume to the ciplined or terminated. These are pro- qualified immunity and enough of po- gentleman from Virginia (Mr. CLINE), a visions that do not belong in collective lice using military-grade equipment on member of the Judiciary Committee. bargaining agreements for our local po- our streets. Mr. CLINE. Mr. Speaker, the tragic lice departments. This bill will help us move from, killing of George Floyd, Breonna Tay- Between 2006 and 2017, according to frankly, a culture of impunity all too lor, and so many others has led to a na- The Washington Post, the Nation’s often in our law enforcement entities tionwide cry for action to address rac- largest police departments fired nearly to a culture of accountability. ism and target police violence in Amer- 1,900 police officers for misconduct, but We serve the public, whether we are ica. those departments were forced to rein- in law enforcement or whether in the Across the country, millions of state more than 450 officers after ap- Halls of Congress. This bill reaffirms Americans have peacefully rallied, pro- peals required by union collective bar- that principle in a democracy. I am tested, marched, and prayed for a gaining agreements. proud to support it in the memory of changing of hearts and a changing of Further, collective bargaining agree- the murdered George Floyd. laws to pursue additional account- ments have been linked to an increase Mr. JORDAN. Mr. Speaker, I reserve ability and transparency in police de- in violent incidents involving law en- the balance of my time. partments. forcement officers. One study found a Ms. BASS. Mr. Speaker, I yield 1 In my own district in Virginia, I was 40 percent increase of violent incidents minute to the gentleman from Nevada proud to join those who stood up in Florida after a change in collective (Mr. HORSFORD). against racism and declare that Black bargaining laws there. In 2006, the Bu- Mr. HORSFORD. Mr. Speaker, I rise lives matter. A few weeks ago, I was reau of Justice Statistics issued a re- today to speak in favor of the Justice optimistic that we could collaborate on port and found that law enforcement

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.065 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE June 25, 2020 CONGRESSIONAL RECORD — HOUSE H2471 agencies operating under a collective I think it is important to note that The trauma around these fears are bargaining agreement garnered 9.9 use because as these situations have hap- lifelong. This is not normal, but for Af- of force complaints for every 100 offi- pened before when people have been rican American parents, sadly, it is. cers, compared to 7.3 use of force for killed, even when they have been killed The tragic murder of George Floyd nonunionized agencies. During the dis- on video, they always seem to be up for and so many African Americans around ciplinary process, only 7 percent of the debate. ‘‘Well, maybe we don’t really the country, including in my own dis- complaints were sustained or found to know what happened before the camera trict with Oscar Grant, demand action. have merit in departments with collec- went on,’’ or, ‘‘Maybe somebody was a These tragic murders demand justice tive bargaining agreements. In agen- criminal.’’ that this bill provides, for example, by cies without unions, the sustain rate We are united on both sides of the ending qualified immunity. No one is was more than double at 15 percent. aisle in recognizing that there is a above the law. This was just another example, by problem in this country. There is a his- The world is watching today, Mr. not including my amendment, of how toric problem in this country. And I be- Speaker. The United Nations passed a the majority refused to work with us lieve that we will eventually get there resolution condemning the violent on this legislation, rather than accept and move forward and have a bill. I am practices perpetrated by law enforce- good amendments on our side where we happy that we will be passing this bill ment against people of African descent could find common ground, but we today, but I don’t see this as the end. in the United States of America. Let us were cut out of the process. There is Mr. Speaker, I yield 1 minute to the show the rest of the world that we nothing in the legislation to address gentlewoman from Oregon (Ms. truly intend to live up to our creed of the dangerous and reckless efforts by BONAMICI). liberty and justice for all and, yes, that means also Black lives do matter. some officials further to defund, dis- b 1615 mantle, or disband police departments. I urge an ‘‘aye’’ vote. Our dedicated police officers who Ms. BONAMICI. Mr. Speaker, Black Mr. JORDAN. Mr. Speaker, I reserve serve our communities work to ensure lives matter. I rise in strong support of the balance of my time. Ms. BASS. Mr. Speaker, may I in- that lawlessness does not prevail in our the George Floyd Justice in Policing quire how much time remains on each streets and neighborhoods. The anar- Act. side. chy and death that unfolded within Se- Black people in this country have The SPEAKER pro tempore. The gen- attle’s autonomous zone, or CHAZ, is a been fighting for centuries for freedom, tlewoman from California has 56 min- perfect example of what defund the po- equality, and justice under the law. utes remaining. The gentleman from lice would look like across America. The senseless death of George Floyd is Ohio has 50 minutes remaining. Frankly, it is no surprise that the the latest tragic example of how, too often, the Black community is targeted Ms. BASS. Mr. Speaker, I yield 1 American people are fed up with Wash- minute to the gentlewoman from Flor- ington. As Mr. HUDSON referred to ear- rather than supported by law enforce- ment. ida (Ms. CASTOR). lier, this was a moment in our history Ms. CASTOR of Florida. Justice. Jus- In Oregon and around the country, that calls for unity and healing. But, tice. I have heard my Tampa neighbors people from all backgrounds are de- unfortunately, with eyes on November and their calls for justice. Black lives manding change, and the bill before us elections, the majority has decided to matter, and I dedicate my vote on the today answers their call. It bans let politics drive debate rather than George Floyd Justice in Policing Act chokeholds and no-knock warrants, sound public policy. today to the generations of Tampa overturns the existing qualified immu- We are all outraged by the horrific neighbors who have suffered the unfair nity doctrine, creates a public national tragedies that have occurred across our burdens of discrimination, disrespect, police misconduct registry, and in- Nation, and it is utterly unacceptable and violence due to the color of their creases accountability and oversight of that the legislation before us reached skin. the House floor in such a partisan man- Federal, State, and local law enforce- Too many lives over too many years ner. ment. in America cut short at the hands of The bill cannot bring back George I urge my colleagues to oppose this officers who were supposed to protect Floyd, Breonna Taylor, or the count- bill in its current form, and I urge them, so House Democrats will act de- less others who have been killed or them to reconsider because to get leg- cisively today to ensure that police of- mistreated by the very individuals who islation across the finish line, we need ficers are held accountable for mis- swore an oath to protect them, but we to put politics aside to eradicate rac- conduct and that lives are saved. We can honor their memory today by pass- ism in America, to uphold the will end harmful policing practices, in- ing this legislation to prevent these foundational principles of our Republic cluding racial profiling, no-knock war- abuses going forward. and live out the motto inscribed on the rants, and chokeholds. Supreme Court building across the I thank Chairwoman BASS for her The time for change is now. In fact, street: Equal Justice Under Law. leadership. a new paradigm for policing in America Ms. BASS. Mr. Speaker, I yield my- Mr. JORDAN. Mr. Speaker, I reserve is overdue. self such time as I may consume. the balance of my time. I thank my good friend, Congress- I want to thank my colleague on the Ms. BASS. Mr. Speaker, I yield 1 woman KAREN BASS of California, for other side of the aisle for the ideas that minute to the gentlewoman from Cali- bringing us closer to justice today. you were concerned about, and the fact fornia (Ms. LEE). Mr. JORDAN. Mr. Speaker, I reserve that you recognized that part of your Ms. LEE of California. Mr. Speaker, I the balance of my time. ideas we did incorporate in the man- thank Chairwoman BASS for yielding Ms. BASS. Mr. Speaker, I yield 1 ager’s amendment. And so I do look and for her visionary and tremendous minute to the gentleman from Penn- forward to working with you in the fu- leadership. sylvania (Mr. BRENDAN F. BOYLE). ture. Let me say a couple of things about Mr. BRENDAN F. BOYLE of Pennsyl- I want to say to several of my other this bill. vania. Mr. Speaker, coronavirus has in- colleagues on the other side of the First of all, finally, this bill, after fected our great Nation for months, but aisle: This is a process. We have had generations, will begin to end systemic racism has infected our society for cen- many conversations, many conversa- racism in policing. Young people from turies. Racism has helped cause dis- tions leading up to this, and I am sure all backgrounds are demanding action parities in education, health, housing, those conversations will continue. But and have said to the world that enough and, of course, criminal justice. I am really encouraged to hear my col- is enough. Well, today we take a historic step to leagues on the other side of the aisle, As the mother and grandmother of finally do something about it. I am number one, agree that what happened Black men and boys, I had too many proud to support and cosponsor the in Minneapolis was a horrific act of vi- painful conversations, as do all Black George Floyd Justice in Policing Act. olence, and that the issue of police families, about what to do to make It is time. It is long past time that we abuse is a real issue and that the issue sure their encounters with the police breathe new life again into our motto, of systemic racism is a real issue. are not deadly. ‘‘Equal Justice for All.’’

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.066 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE H2472 CONGRESSIONAL RECORD — HOUSE June 25, 2020 Mr. JORDAN. Mr. Speaker, I reserve Ends qualified immunity; only poses an extraordinary risk to our the balance of my time. Funds independent prosecutors for citizens who depend on society’s most Ms. BASS. Mr. Speaker, I yield 1 police misconduct; basic governmental service of pro- minute to the gentlewoman from New Strengthens the pattern and practice tecting life and property. York (Mrs. CAROLYN B. MALONEY). reviews at the Federal and State level; This is nothing more than an out- Mrs. CAROLYN B. MALONEY of New Establishes national standards for burst of political emotion and a will- York. Mr. Speaker, I thank the gentle- law enforcement; ingness to take advantage of civil un- woman for yielding and her leadership, Invests in public safety innovation rest. along with the Congressional Black grants; This civil unrest is not constructive; Caucus, in moving this important bill Establishes a public national police it is anarchy. It also does not take into to the floor. misconduct registry; account the hundreds of thousands of I rise today with Americans across Requires data collection on the use of good police officers risking everything the country who are demanding force; to keep us safe, officers like Julian change. I rise in strong support of the Bans chokeholds, and conditions Fed- Keen, Jr., from my State of Florida. George Floyd Justice in Policing Act. eral grants on banning chokeholds; Unfortunately, you will never hear This vital reform package addresses Bans no-knock warrants and racial about the tragic death of this Black of- police brutality, law enforcement ac- profiling; ficer in the mainstream media. It countability, and racial injustice. It Permits deadly force only as a last doesn’t fit the left’s narrative, so they creates data collection standards, bans resort; ignore it. However, in Florida, we will racial and religious profiling, ends the Establishes a duty to intervene by never forget Officer Keen, who was laid use of chokeholds that killed Eric Gar- other officers; to rest this week, and the positive in- ner and George Floyd, and bans no- Mandates use of body cameras; and fluence that he had on our community. knock warrants like the one that took Prohibits sexual acts with anyone After the criminal who killed him found out that he was a police officer the life of Breonna Taylor. It ends under arrest, detention, or in custody. in plain clothes, he pulled out a gun qualified immunity to allow full ac- I have always supported law enforce- and killed him. countability. ment, and I still do, but today the uni- This bill is a critical first step to- So it begs the question: Who is really versal cries for change and justice de- responsible for the flaws in law en- ward a more just nation. We cannot be mand that we hold law enforcement to a country that declares Black lives forcement protocols? All of these de- the same standards of justice as any partments with all of these problems matter if we fail to make lasting other American by passing the George and issues are all run by Democratic change to protect the lives of Black Floyd Justice in Policing Act now. commissions and Democratic city people. Mr. JORDAN. Mr. Speaker, I yield 5 We are facing a historic moment, and councils. minutes to the distinguished gen- This is not a Federal issue. This is a we must deliver historic change. Vote tleman from Florida (Mr. STEUBE), a Minneapolis police issue or an Atlanta ‘‘yes’’ on H.R. 7120. member of the Oversight Committee police issue or a Ferguson issue or a Mr. JORDAN. Mr. Speaker, I reserve and the Judiciary Committee. Chicago issue, where just this past the balance of my time. Mr. STEUBE. Mr. Speaker, today I Ms. BASS. Mr. Speaker, I yield 1 weekend they had one of the most vio- rise in opposition to this bill and House lent weekends over Father’s Day week- minute to the gentlewoman from Cali- Democrats’ completely partisan at- end. fornia (Ms. ESHOO). tempt at actual law enforcement re- This is an issue with Democratic Ms. ESHOO. Mr. Speaker, I thank form. They call it the Justice in Polic- leadership in these cities that have Congresswoman BASS for yielding, and ing Act, but this legislation would not failed to keep up with standards, train- I thank the Congressional Black Cau- achieve justice for anyone. Instead, it ing, and protocol. Some of these de- cus for their extraordinary leadership. partments have training standards dat- The death of George Floyd has shak- would promote anarchy and put our law enforcement officers’ lives at risk. ing back to the eighties. en the conscience of our entire country ‘‘Why?’’ you ask. Because their and people around the world, and it has It would end legal protection for our officers who actually follow their Democratic leadership has failed to laid bare the racial disparities in polic- make necessary reforms in their de- ing that Black Americans face every training and protocol. It would take es- sential weapons and protective equip- partments. day but for too long have been ignored. And now it is the Federal Govern- That is why millions of Americans are ment away from our police. In a time like today where law en- ment’s role to police local police de- peacefully protesting across our coun- forcement officers are ambushed and partments run by a Democratic city try demanding justice. council or commission? Will those The Justice in Policing Act is bold targeted just because of their profes- sion, we are going take away their abil- commissions and leaders ever be held and it is historic. It takes, head-on, accountable? chokeholds, no-knock arrests, racial ity to receive protective equipment? So not only do the Democrats want Everyone in this Chamber wants jus- profiling, and the militarization of the tice for George Floyd and his family, to take away an officer’s legal protec- police. It will bring accountability and and they will get that in a court of law, tion if they follow their training and transparency to police departments where justice belongs. across our country and raise the stand- protocol, then they want to take away If the Democratic majority truly ards of the profession and instill best their protective vests, protective wants to reform our police depart- practices to ensure that all Americans shields, and protective vehicles they ments and if they truly want to fix the feel safe when interacting with law en- get in military transfers that phys- problems, then the focus should be on forcement. ically protect our officers from bul- the agencies with the problems and This legislation is the face of justice. lets—none of which has anything to do their leadership, not passing a progres- It will make America fairer; it will with George Floyd’s death. sive messaging bill in an election year make America stronger; and every How does this make any sense? I can that they know has no chance of be- Member of this body should vote for it. tell you it doesn’t make any sense to coming law. Mr. JORDAN. Mr. Speaker, I reserve the mass majority of Americans who This legislation doesn’t get justice the balance of my time. trust that someone will be there when for anyone. Instead, it fails to address Ms. BASS. Mr. Speaker, I yield 1 they call 911. the real underlying problems, while at- minute to the gentleman from Georgia This legislation comes from the same tempting to vilify our law enforcement (Mr. BISHOP). party who has been calling to defund officers. It won’t go anywhere in the Mr. BISHOP of Georgia. Mr. Speaker, the police. Members of this very body Senate, and it certainly won’t go to the I support the George Floyd Justice in have called to defund our police offi- President’s desk. So let’s call it what it Policing Act, which: cers and our police departments. is: a political messaging bill. Changes the criminal conduct stand- I have to ask my colleagues how they The longer we spend on this, the ard from ‘‘willful’’ to ‘‘knowing or think that would help. Defunding the more time we waste not working on ac- reckless’’; police won’t solve any problems and tual, tangible solutions. Time to put

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.068 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE June 25, 2020 CONGRESSIONAL RECORD — HOUSE H2473 politics aside and work on real solu- Ms. SEWELL of Alabama. Mr. Speak- The need for serious structural re- tions where the problems are actually er, I rise today in support of the Jus- form cannot be clearer as our country located. tice in Policing Act. mourns the murder of George Floyd, Over the past few weeks, we have b 1630 just one of the most recent instances of seen tens of thousands of Americans a long, painful history of violence and Ms. BASS. Mr. Speaker, I yield my- take to the street demanding justice discrimination against African Amer- self such time as I may consume. not only for George Floyd, Breonna ican men and women in our country. Mr. Speaker, let me just say that Taylor, and Ahmaud Arbery, but also Right now we are witnessing an out- there is absolutely nothing in our bill for the countless unnamed Black pouring of support from all commu- that calls for defunding the police. Americans across the country who nities, from all backgrounds, a collec- In fact, I recall that this body funded have been killed by the police. tive movement working to end bigotry first responders in the HEROES Act The stark reality is that police bru- and hatred, to advance racial equality, and that that bill is languishing in the tality is a symptom of a larger prob- fighting the scourge of racism that has Senate. So maybe my good colleagues lem, and that problem is systemic rac- held a grip on our country for far too on the other side of the aisle might call ism. long, and affirming, yes, that indeed up their Senators and ask that they Mr. Speaker, Black lives matter. Black lives matter. move on the HEROES Act. That might While we cannot legislate away what We should all be inspired by the over- be the first thing to do. is in the hearts of people, we can work whelmingly peaceful demonstrations This bill is not against police. In to ensure that those in power are held all across this country calling for jus- fact, this bill is calling for standards accountable for their actions. tice, a freedom which is a cornerstone and training and accreditation. In con- The Justice in Policing Act is bold, of our Nation. versations that I have had with the As- transformative legislation that will To make real change, we must con- sociation of Police Chiefs and also the change the culture of law enforcement, tinue to work together. Fraternal Order of Police, they said and it would also help build trust be- Mr. Speaker, I urge every one of my that there are 18,000 police depart- tween law enforcement and our com- colleagues to join me in supporting ments across the United States, and munities by addressing systemic rac- this important bill. they have been fighting for accredita- ism. Mr. JORDAN. Mr. Speaker, I reserve tion and standards for years, but it Mr. Speaker, the streets are crying the balance of my time. takes a very long time to do it depart- out for bold and transformational Ms. BASS. Mr. Speaker, I yield 2 ment by department, and they encour- change. minutes to the gentlewoman from Cali- aged this part of the bill. Let’s make sure that the people fornia (Ms. WATERS). Now, granted, they don’t love the know that we see them, that we hear Ms. WATERS. Mr. Speaker, I rise to whole bill, but this part of the bill, them, and that at last we are doing support H.R. 7120, the George Floyd they absolutely do. something about it. Justice in Policing Act, which bans To say that the only departments Mr. Speaker, I urge my colleagues to chokeholds, creates a national police that have problems are run by Demo- vote in favor of the George Floyd Jus- misconduct registry, and makes it easi- crats is either magical thinking, fan- tice in Policing Act. er to prosecute police for their bru- tasy, or denial. That is just not the Mr. JORDAN. Mr. Speaker, I reserve tality, among many other much-needed case at all, and I would encourage my the balance of my time. provisions. Ms. BASS. Mr. Speaker, I yield 11⁄2 colleague on the other side of the aisle Mr. Speaker, I want to thank the minutes to the gentleman from Illinois to actually examine his State. Congressional Black Caucus and every- (Mr. RUSH). Mr. Speaker, I yield 1 minute to the body who worked so hard to make sure Mr. RUSH. Mr. Speaker, I want to gentleman from Massachusetts (Mr. that we have this moment. thank the gentlewoman from Cali- KENNEDY). The murder of George Floyd and the fornia (Ms. BASS), my friend, for her Mr. KENNEDY. Mr. Speaker, I thank pleasure the murdering officer seemed long-time and courageous action and Chairwoman BASS for her extraor- to take in his power over a struggling leadership on these important issues. dinary work and leadership on this bill. Mr. Speaker, George Floyd, Breonna Black man are nothing new. When history is written, it will ask: My heart broke when I first saw the Taylor, Christopher Whitfield, Chad Why our Nation had to watch George video footage of the murder, not just Robertson, Terence Crutcher, Philando Floyd have the life drained from his for George Floyd and his loved ones, Castile, Alton Sterling, Bettie Jones, body by the knee of a White police offi- but also because this brutality and all Quintonio LeGrier, Sandra Bland, cer to know that our system was bro- the police violence against Black men Alfontish Cockerham, Walter Scott, ken? Why our country had to learn and women before it have been used for Laquan McDonald, Eric Garner, Rekia Breonna Taylor’s name to know that centuries to terrorize, subjugate, and Boyd, Darrin Hanna, Calvin Cross, no-knock warrants get Black people silence the Black community. Leon Brackens, Fred Hampton, Mark murdered in their rooms? Why our I have been fighting against this Clark. country had to see Ahmaud Arbery Mr. Speaker, these are the names of since my first days as an activist and hunted and lynched to know that there the Timeless 20, murdered by rogue po- member of the California State Assem- is an unshakeable target on Black men lice officers, seven of them in my bly, when I took on then-Los Angeles in this country? hometown of Chicago, Illinois. Police Chief Daryl Gates, who popular- For too long, we let ignorance coddle Thank God for H.R. 7120, the George ized the chokehold maneuver, which white supremacists, we let idleness Floyd Justice in Policing Act. killed over a dozen Black men in Los shelter oppression and hate. But we There but for the grace of God go I. Angeles between 1975 and 1982. can move from ignorance and idleness Mr. JORDAN. Mr. Speaker, I reserve But now I would like to pay tribute to action. We can use the power of this the balance of my time. to the brave men and women who for so body and this Chamber to do more than Ms. BASS. Mr. Speaker, I yield 45 many years have confronted bad cops, acknowledge the movement. We can seconds to the gentleman from New racist cops, brutal police chiefs, and join it. We can pass the George Floyd Jersey (Mr. GOTTHEIMER). the police protective leagues and Justice in Policing Act today. Mr. GOTTHEIMER. Mr. Speaker, I unions who shield them from account- Because justice is a nation that rise today as a proud cosponsor of the ability. I want to pay tribute to Angela didn’t have to learn George Floyd, George Floyd Justice in Policing Act of Davis, Elaine Brown, and the Black Breonna Taylor, and Ahmaud Arbery’s 2020. Panthers, who fought hard and sac- names. That is justice. Mr. Speaker, I want to thank the rificed mightily fighting bad cops. And Mr. JORDAN. Mr. Speaker, I reserve Congressional Black Caucus, led by my then there is Reverend Al Sharpton, the balance of my time. friend, Chairwoman KAREN BASS, New who took up the fight against bad cops Ms. BASS. Mr. Speaker, I yield 1 Jersey’s great Senator CORY BOOKER, and assisted their families in getting minute to the gentlewoman from Ala- and others for their work on this land- legal representation when these issues bama (Ms. SEWELL). mark legislation. were not popular.

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.070 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE H2474 CONGRESSIONAL RECORD — HOUSE June 25, 2020 Mr. Speaker, I want to thank Rev- sage as the final chapter in this long officer who had nothing to do with erend Jackson, who worked with me to struggle to cure ourselves of the poison what happened to George Floyd or the confront the racist L.A. Police Chief of racism. young man in Brunswick, Georgia, or Daryl Gates. I want to thank Colin Our history of pursuing civil rights in Atlanta. Kaepernick, who took the knee and in this Chamber is comprised of starts Mr. Speaker, there is something else challenged the killings and beatings of and stops, successes and failures. I don’t understand. I don’t understand unarmed Blacks. And lastly, I want to Of course, passing this bill today will why, 3 years ago this month, I was on thank Black Lives Matter: uncompro- not end racism, but it will further the a baseball field when a man crazed by mising, disruptive, energetic, and dedi- righteous cause of not just equality, extreme political ideology walked on cated to undoing police killings and but equity in this country. the baseball field and started shooting abuse. Most Americans are not racists, but bullets at me and many of my col- Mr. Speaker, I want to challenge the not enough of us are antiracist, and leagues. I don’t understand why that mayors and members of city councils that is where we need to be. happened. and county commissioners who control Mr. ARMSTRONG. Mr. Speaker, I There is something else I don’t un- police budgets to get the courage to re- yield as much time as he may consume derstand. As I was there in the line of imagine what it means to serve and to the gentleman from Georgia (Mr. fire, I don’t understand why one of our protect and undo the system of rogue LOUDERMILK), my friend. Capitol Police officers, who didn’t cops that has gone on for far too long. Mr. LOUDERMILK. Mr. Speaker, I know anything about me—we weren’t In closing, Mr. Speaker, I want to say thank my colleague for yielding me the friends at the time—walked into the to the protesters: I stand with you. time. line of fire to draw fire away from me No justice, no peace. As I came here, I realized there is a and one of my colleagues so we could, Mr. JORDAN. Mr. Speaker, I yield lot happening in this country today I hopefully, get to his partner and Matt the balance of my time to the gen- don’t understand. I really don’t under- Mika, who had been wounded by the tleman from North Dakota (Mr. ARM- stand. shooter. STRONG), and I ask unanimous consent I have a lot of friends back home. I The Bible tells us that there is no that he may control that time. have friends who are Black and White, greater love than someone who would The SPEAKER pro tempore (Mr. Asian, Hispanic, every race, every na- willingly lay down their life for some- CARSON of Indiana). Is there objection tionality. I talk to them. They don’t one else. When I see that officer walk to the request of the gentleman from understand what is happening in this out in the line of fire to protect me, Ohio? Nation today. who didn’t know me—a Black man; I There was no objection. I try to put my finger on it, but I am am a White man—I sometimes wonder: Mr. ARMSTRONG. Mr. Speaker, I re- kind of losing track of where we are Why do they do that? serve the balance of my time. going, and wherever it is we are going, My dad served in the Army. He was Ms. BASS. Mr. Speaker, I yield 2 why aren’t we going there together? on the D-day invasion. I often wonder minutes to the gentlewoman from Cali- why they would step off those boats for b 1645 fornia (Ms. SPEIER). people that they don’t know and walk Ms. SPEIER. Mr. Speaker, I rise in Why do we keep dividing ourselves into the line of fire. I mean, these are support of the Justice in Policing Act and using different issues to divide our- things that I really don’t understand. and to applaud Congresswoman BASS selves? I also don’t understand why we are and the Congressional Black Caucus, I mean, I don’t understand why not working together to improve law because Black lives matter. George Floyd died under the knee of a enforcement in this Nation. I don’t All lives can’t matter until Black police officer. I really don’t. I was hor- know why the media and some here lives matter. rified when I watched the video of him. want to take the action of one or two I am grateful that my bill, which Regardless of what his race is, that was or a few and apply it to law enforce- makes it a crime for law enforcement horrific. I don’t understand why that ment all across the board when I have officers to engage in a sexual act with happened. seen what these law enforcement offi- anyone in their custody or while exer- But I also don’t understand why, in cers do. They put their lives on the line cising their authority, has been in- response to his seeming murder, it daily for us. cluded in this bill. seemed appropriate to destroy the I don’t know what the answer is, but Why is this important? Because sex- homes, the businesses, the livelihood of I do know those who do. I called on the ual violence is the second-most fre- innocent people who had nothing to do police chiefs in my district to get to- quently reported form of police mis- with it in the same community. I don’t gether, to talk about this, and we met conduct after excessive force, yet in understand that. yesterday. many States, officers can claim con- I don’t understand why retired Police There is some stuff that we all agree sent when accused of assaulting some- Chief David Dorn was gunned down to on that they agree on. There are plenty one in their custody. death as he was trying to protect one of things that they want to see happen. Yesterday I held a town hall with Dr. of these businesses, a business owned They all agree that we should hold offi- John Gates, who shared his experience by someone who had nothing to do with cers more accountable. They also agree as being a Black man in America, how any of this. that we should have a database to a piece of his soul dies every time a I don’t understand why Shay track those officers who are bad offi- Black man or woman dies at the hands Mikalonis, a Las Vegas police officer, cers so they know that they are hiring of police, how he fears his deep love of was shot in the head while attempting someone who has had problems in America is unrequited. to disperse a group of protesters. other States or in other jurisdictions. Four hundred years ago, Black men I don’t understand why Dave Patrick That is a problem for them. and women were brought to these Underwood, a Federal Protective Serv- This is because these police chiefs, shores in shackles, deprived of their ice officer, was shot and killed while on they want good law enforcement. They humanity. duty amid protests in Oakland, Cali- are there to serve the communities. Even at the beginning of our country, fornia. I can’t wrap my hands around They are there to uphold law and African Americans were only consid- that. order. ered to be three-fifths of a person. I don’t understand why four St. Louis Something else I don’t understand is, Where was our humanity then and police officers were shot at a peaceful when we see what is going on, on TV, where is it now? protest that turned violent—two shot why some of these officers actually Racism in America did not end with in the leg, one shot in the foot, and the show up to work the next day. They go the abolition of slavery, America’s fourth shot in the arm. to try to protect the peaceful pro- original sin. It did not end with the I don’t understand why, in New York testers, and they are attacked by the passage of the Civil Rights Act of 1866 City, a police officer was attacked and violent ones and, in some cases, get no or 1871 or 1957 or 1964 or 1968 or even beaten by several men, while onlookers support out of their leadership. I don’t 1991. Some inevitably touted their pas- encouraged them to do that—a police understand why they do that.

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Mr. Speaker, I yield my- talk from that veteran police officer they need more training. self such time as I may consume. who warned what can happen to you on We need more mental health support I am so sorry that my colleague on the street, in a squad car, or in the in this Nation. The police chiefs told the other side of the aisle is so con- basement of a police precinct, where me that I would be surprised—and I am fused and has so much trouble under- often the system is rigged so that good going to go. I am going spend more standing. Perhaps it might help if he police can’t always help you. Support time with them. I spend a lot of time studied more history, U.S. history, to it for those sons who, despite the best with our law enforcement already, but understand that why that knee was on education and decorum, fear a siren or I am going to go ride with them to ex- George Floyd’s neck was because of a police light, the police brutality that perience some of this. I encourage all racism in this country. we all have. of my colleagues to do this. Perhaps my colleague on the other As we advance this critical work, They said they spend an unbelievable side of the aisle could go to Alabama to support this for all Americans. Speak amount of time on the calls of mental the Legacy Museum so that he could the truth that Black lives matter. health issues that they really can’t do understand a little bit about U.S. his- Mr. ARMSTRONG. Mr. Speaker, I anything about because the person tory. yield 5 minutes to the gentleman from hasn’t committed a crime. They may Perhaps my colleague on the other Texas (Mr. ROY). be on the verge of suicide, but they side of the aisle could go to the Na- Mr. ROY. Mr. Speaker, I appreciate haven’t committed a crime so they tional Memorial for Lynching and the remarks from the gentlewoman can’t arrest them. They just have to learn a little bit about his State of from the Virgin Islands. stay there with them. Sometimes, they Georgia, where many of the lynchings My question that I have for this body may get somebody to come out, or they were carried out by law enforcement as we sit here today is: Why aren’t we may not. It puts them in a very dif- officers. amending the legislation? Why aren’t ficult position. So, they are all about When he said that 100 percent of po- we offering and allowing amendments doing more, doing more with mental lice chiefs were against this bill, it is in this great body, in the people’s health issues. just not true. I have met with police House? A general question. There is a lot that we support. Now, chiefs, and they support parts of the When I go home, and I assume you all I did hear it said earlier that this is not bill. The National Organization of have the same thing, they say: What’s defunding the police. But let me tell Black Law Enforcement Officers sup- wrong with Washington? Why don’t you what 100 percent of the police port this bill. The Fraternal Order of you actually sit down around a table chiefs in that meeting said to me: If Police are not completely opposed to and try to solve problems? you remove qualified immunity, you this bill. I think this is one of the things that will be shutting down the police de- So, I would like to work with my col- is most perplexing, and we see it in the partments in America because they league on the other side of the aisle to Senate as well, the so-called greatest will not be able to retain their officers. help him understand a little bit more deliberative body. Yet, we saw what That was 100 percent of the police of the history of the United States. happened in the Senate, where there chiefs, and they are police chiefs in all Mr. Speaker, I yield 11⁄2 minutes to was an offer for 20 amendments, a man- types of demographics. I have part of the gentlewoman from the Virgin Is- ager’s amendment from the gentleman Atlanta. I go all the way up into the lands (Ms. PLASKETT). from South Carolina, Senator SCOTT, rural parts of Georgia. Ms. PLASKETT. Mr. Speaker, I and that offer was rejected. But they 100 percent said, if you re- thank my colleague and chairwoman of Here, we are not even really having move our qualified immunity, we will the Congressional Black Caucus, who an opportunity to offer an amendment, not keep police officers, and you will has led us in this fight here on this have a serious debate. I don’t question shut down law enforcement in this Na- floor as we make a historic movement at all the motives that are behind my tion as we know it. toward justice. colleagues on the other side of the There was one other thing that they I am so upset that my colleague, my aisle, in terms of putting forward legis- were 100 percent behind: Senator TIM classmate, left before I could help him lation to try to address a problem we SCOTT’s bill. Every one of them was 100 understand. I wanted to give him books all perceive as a problem we want to percent behind what was in that bill. that he could read. He could read address. Now, a lot of it they already do. They ‘‘Blind Spot: Hidden Biases of Good I look at the bill that we have here; banned chokeholds. They are way People,’’ ‘‘White Fragility: Why It’s So it is a Republican bill. There is a lot of ahead of a lot of different departments. Hard for White People to Talk About overlap. There are some policies in it There are some things in this bill Racism,’’ ‘‘The New Jim Crow.’’ that are in agreement. I just don’t un- they agree with, but they are also 100 And if he didn’t want to read a book, derstand why we can’t start with some percent—100 percent—against this bill. he could look at a documentary. How nucleus of a bill and offer 20 or 30 One hundred percent of the police about ‘‘13th?’’ amendments, vote on the amendments chiefs I met with in my district, which But if he doesn’t want to do that, if as a deliberative body, the United was virtually all but a couple of de- he wants to support this bill, I will give States Congress, the people’s House. partments, were against this bill and him a good cop story about why to do Why can’t we just offer amendments the way it is written right now. it. I will ask my colleagues to support and vote on them? Then, wherever the The one thing that they asked for me this, if not for George Floyd and the amendments take us, at the end of to portray is: Let’s not paint all law countless others killed at the hand of that, vote on a bill. That used to hap- enforcement with a broad brush. Those police, or for those of us Black Ameri- pen. police officers who are risking their cans who live in fear of police bru- I was a staffer in the Senate, and we lives, those good ones, they feel like tality, I ask you to support it for a had 50 amendments on different bills. they are getting kicked in the rear end good cop. My staff today, they look at that as by the politicians, local and at the Fed- I ask you to support it for my father, some sort of relic of history, as this eral level. who called me up and told me this is a thing that we used to do because we They want us to work together. They good bill; a cop who, for 30 years, was don’t do it anymore. I literally don’t want to see us work together. If we are on the New York City police force and understand it. going to call for unity in this Nation, said the biggest threat to every good It is a question on both sides of the then we better start right here. Instead cop is a bad cop; who says that the big- aisle, why we do not sit down and offer of trying to ramrod a political bill that gest threat to every good cop is a bru- legislation and go through it. Start

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Too many and the heart of the ability of an indi- do the job of securing the blessings of people who lived in America were chat- vidual American not to be over- liberty. tels. Their lives were counted in the whelmed by law enforcement, there is Ms. BASS. Mr. Speaker, I yield 1 dollars, by what that property was agreement, but we would like to have minute to the gentleman from Mary- worth, not in their human value. For conversations about those issues. land (Mr. HOYER), who is the majority far, far too long, Mr. Speaker, that has There is. leader. been a reality and a legacy of slavery, My friend from Michigan, now an Mr. HOYER. Mr. Speaker, we ought segregation, and prejudice. independent, offered legislation about to come together, we ought to reason We must act to ensure that law en- qualified immunity. I don’t agree with together, and we would get a better forcement in every jurisdiction under- it. product in the legislative process. stands that each human being is enti- Sadly, our friends in the United States tled to equal justice under the law and b 1700 Senate don’t always do that. Sadly, to life, liberty, and the pursuit of hap- I don’t agree with a full abolition of when my friend’s party was in the lead- piness. qualified immunity. I don’t. My grand- ership, it didn’t always do that. And, We must act to ensure that no longer father is a chief of police. I know we yes, from time to time, we didn’t do will we see horrific images and videos have all got law enforcement in our that. of unarmed Black men and women communities, and we are worried about This is an issue of critical, imme- being killed by those who were sworn what that will do to our law enforce- diate concern, and there is a way to get to uphold the law and keep the peace. ment. to where the gentleman from Texas The bill we are voting on today is We are seeing it right now. We have suggested: pass legislation in the Sen- long overdue. I congratulate the Con- 104 shootings in Chicago. We had 14 ate; pass legislation here; we will go to gressional Black Caucus, Ms. BASS, killings. We had a 3-year-old boy shot conference; and we will try to resolve Senator HARRIS, and Senator BOOKER. on the street. We have teenagers get- our differences so we can pass a bill. This bill will ban chokeholds like the ting killed, a 324 percent increase in I have talked to the gentlewoman kind that killed George Floyd last New York shootings. We had a guy get from California, the former speaker of month, in whose memory this bill is shot in the back of his head while the California Assembly, and she has named. changing his tire in New York. told me that she doesn’t want a mes- I knelt on the marble floor. My knee We have lawlessness occurring, and sage; she wants a law. And I am abso- rejected that as something that it this body ought to address it. The At- lutely convinced that is true. She un- didn’t want to do. It was not only pain- torney General of the United States derstands the legislative process very ful, but it was a long time: 8 minutes ought to address it. We ought to en- well. But in order to initiate that proc- and 46 seconds. That was not to re- force the laws of the United States. We ess, we need to pass a bill. Of course, strain George Floyd. He was re- ought to have a debate here about that. unfortunately, we have some con- strained. We ought to have a debate here about straints here on amendments because It would also ban no-knock warrants ensuring or protecting the citizenry of of the coronavirus. of the kind that led to the murder of the United States. It is our funda- Having said that, I hope that we pass Breonna Taylor in her own home that mental responsibility. It is our job. this bill, and I hope the Senate passes was mistakenly broken into by the po- That is our duty in the Constitution, a bill. Now, unfortunately, they will lice, and it would condition Federal to secure the blessings of liberty. Yet have to come to agreement and get 60 funding to State and local governments we are just going to sit here and take votes. I say ‘‘unfortunately’’ because on their banning racial profiling and shots across the building with a Senate Mr. MCCONNELL is not prepared to get adopting best practices for police bill and a House bill with no resolu- to 60 votes. We don’t have to get to 60 training as identified by the Obama ad- tion, and then we are going to fly home votes. Here, the majority rules. The ministration’s Task Force on 21st Cen- tomorrow. majority will rule today, and the ma- tury Policing. In what universe does that make jority sponsored this bill. Moreover, this bill would facilitate, sense? In what universe is that the Mr. Speaker, on the rostrum in front under appropriate circumstances, the right thing to do? In what universe are of me there are inscribed five words: ability of victims to be compensated the American people looking at the ‘‘union,’’ ‘‘justice,’’ ‘‘tolerance,’’ for their loss. A right without a rem- people’s House and saying, ‘‘Job well ‘‘peace,’’ and ‘‘liberty.’’ It is our indi- edy is no right at all. done, you all, well done,’’ when people vidual and collective responsibility as I want to thank Chairwoman BASS are dying, literally, in the streets of Members of this House, the people’s and the Congressional Black Caucus for our country right now of all races? House, to ensure that all of these vir- introducing this bill of which I am What were the races of the murders tues are upheld in the United States. proud to be a sponsor, and I would like in Chicago this last weekend of 104? There is justifiable anger in this to thank, as well, Chairman NADLER What was the race of the 3-year-old boy country because justice is not being and the Judiciary Committee for mov- who was shot? upheld. That does not mean it has ing swiftly to mark up this legislation These are real issues. Why don’t we never been upheld, but it ought to be so we can have it on the floor today. just sit around the table and figure it always upheld. I said ‘‘swiftly.’’ It has been centuries out instead of litigating this in the There is a deep frustration because that the dark blot of slavery and the press and taking shots across the Cap- some of those charged with enforcing dehumanization of some of our fellow itol dome? our laws are doing so without tolerance Americans has been a reality. Senator SCOTT is a good man offering and in a way that disregards the rights Senator MCCONNELL has already said a good bill, and the Speaker of the and welfare of victims without just that the Republican-led Senate will not House says that we are trying to mur- cause. That does not damn all members even consider this bill. That is not sur- der George Floyd again? of the police—in fact, not the major- prising. There are 275 bills, all of which Come on. It is our job to secure the ity—but it does damn actions that are have Republican votes, sitting on Sen- blessings of liberty. What I ask of this inconsistent with justice, peace, toler- ator MCCONNELL’s desk—or maybe Chamber is that we sit down and figure ance, and liberty. wastebasket—so it is not surprising out legislation to actually secure that Many of our people will never see the that he won’t consider this bill either, and support our law enforcement. full light of liberty because of the color any more than he considered Justice Seventy-six million interactions of of their skin. The result has been a bro- Garland by a President who had 11 law enforcement with civilians: 99 per- ken union and a broken peace. That is months left on his term. We will see

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The majority leader called on by the color of our skin—which hap- problem towards bipartisanship here. us to work with our colleagues across pens too often, too frequently, and too Mr. Speaker, I yield 3 minutes to the the aisle on this legislation. Had he regularly—not by the color of our skin, gentleman from Alabama (Mr. PALM- been serious about that, there would but by the content of our character and ER). have been a discussion before this bill the caliber of our conduct. Mr. PALMER. Mr. Speaker, I rise ever came to the floor. But there By ignoring this bill, Senator MCCON- today in opposition to this bill because wasn’t one. NELL is ignoring the cries for justice it would result in more crime and fewer Mr. Speaker, as my colleague from from Blacks, from Whites, and from people willing to serve in law enforce- North Dakota has pointed out, there Americans of all different colors and of ment. will be no amendments from the Re- all different religions, all who were dis- This bill lowers the standard for publicans that substantially improve tinguished by one facet or another, but mens rea and basically eliminates this bill, except that there aren’t any they have in common that they are qualified immunity for law enforce- on the Senate side either. So it is dis- Americans governed by a Constitution ment officers, so, in the course of doing ingenuous to say that the Republicans and laws of our country. Senator their job, an officer could go to prison are not interested in pursuing justice MCCONNELL will be ignoring the his- for unintentionally breaking the law. through sensible law enforcement. tory and legacy of slavery and segrega- Who wants to serve in a job where Mr. Speaker, I urge my colleagues to tion that has led to these acts. they are attacked, underpaid, over- oppose this bill. My colleague mentioned Mont- worked, and, under this bill, possibly Ms. BASS. Mr. Speaker, may I in- gomery, Alabama, and a number of the charged as a criminal? quire how much time is remaining on museums. Bryan Stevenson has a mu- each side? seum, and he says the first thing you b 1715 The SPEAKER pro tempore. The gen- do when you discriminate against peo- Without qualification, what hap- tlewoman from California has 38 min- ple is you dehumanize them. It should pened to George Floyd was horrific, utes remaining. Ms. BASS. Mr. Speaker, I yield 1 not be a surprise, if we have, for cen- and those involved deserve the full minute to the gentlewoman from Illi- turies, dehumanized people of color punishment under the law. Mr. Floyd’s nois (Ms. KELLY). that, from time to time and too often, death was a brutal and callous assault that has undermined the public trust of Ms. KELLY of Illinois. Mr. Speaker, I they are not treated as human beings. rise today in support of the George Mr. Speaker, I urge my colleagues on law enforcement officers that we de- Floyd Justice in Policing Act. pend on to keep our communities safe. both sides of the aisle: Mr. Speaker, I am going to be frank. Vote for this bill. Notwithstanding, we cannot undermine Vote for this bill even if you don’t A bill like this should have been passed the entire law enforcement community years ago. We know that chokeholds think it is perfect. because of it. Every group has bad ac- Vote for this bill because you want to are dangerous, the same with no-knock tors. Congress is not without examples warrants in nonviolent Federal cases. say that we want justice for every of such. But we can’t continue to paint American. This legislation would have prevented all law enforcement officers as villains. George Floyd’s death and the death of Vote for this bill because you want to Mr. Speaker, I am thankful for the say that we want a remedy for wrongs. so many other Black and Brown people brave men and women who keep our in America. Vote for this bill to restore justice. communities, families, and this very Vote for this bill to protect liberty. We should have acted when Laquan Vote for this bill to promote toler- Capitol safe. They take an oath to run McDonald was killed in Chicago—you ance. towards danger when everyone runs remember, ‘‘16 shots and a cover-up.’’ Vote for this bill to restore peace to away. In fact, two officers, David Bai- Or Rekia Boyd in Chicago. Or we the families of victims and entire com- ley and Crystal Griner did just that should have acted when Tamir Rice munities that live in fear. when they kept my colleagues and me was killed for playing with a toy gun And vote for this bill to prove our from being killed on the baseball field that anyone could buy at their local Union is not only a union of States, but 3 years ago. I am convinced that sev- Dollar General. Yet, still today, after a nation of free people united in our eral of my colleagues and I would have watching the life and oxygen drain common pursuit of justice and oppor- been killed or grievously wounded, as from the face of George Floyd, my col- tunity for all. was STEVE SCALISE, were it not for the leagues on the other side still defend The people’s House needs to do its job courage and dedication to duty of Offi- the status quo. Some parts of this bill for all the people. cers Bailey and Griner. They are he- are not new, but we could never get This is not an antipolice bill. It is a roes, and I stand with them, not with them passed. bill that cries out—whatever our dis- these lawless vandals who have occu- I was part of Speaker Ryan’s task cipline, including Members of Con- pied some of our cities, who are pres- force on police accountability: 18 gress—that we act consistent with the suring my colleagues across the aisle months of meeting with the public and law, consistent with the Constitution, to, if not eliminate our police depart- nothing came of it. Well, not this time, and consistent with our moral values. ments, make them ineffective. because George Floyd deserves better. We will not leave these words to only Every day, somewhere in our Nation, Sandra Bland deserves better. Breonna be inscribed in wood, but enshrined in police officers put their lives on the Taylor, Laquan McDonald, and Oscar our hearts and in our laws: union, jus- line and far too many of them lose Grant deserve justice. And this is from tice, tolerance, peace, and liberty not their lives or suffer serious injuries as the niece of three cops, the cousin of for some, but for all. they faithfully and honorably do their one cop, the auntie of two cops, but These are neither Democratic prin- jobs in service to their communities. I also the mother of a Black son and a ciples nor Republican ones. These are will not support any effort to make Black daughter. American principles. These are, in their jobs more dangerous while also Mr. Speaker, I just have to say one many ways, unique principles honored leaving our communities vulnerable to more thing. I get so sick of hearing by this country in its rhetoric. This the lawless acts and senseless violence Chicago being bantered about. I was bill is to honor those in its reality. that we are witnessing across our Na- here for 5 years and could not get one That is why all who believe in these tion today. gun violence prevention bill passed or principles should vote for this bill. Mr. Speaker, in regard to the major- signed on to by my colleagues on the Mr. ARMSTRONG. Mr. Speaker, with ity leader, Mr. HOYER, I appreciate the other side. It wasn’t until the Demo- all due respect, when the Democratic fact that he respectfully referenced crats took over that we could at least

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.077 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE H2478 CONGRESSIONAL RECORD — HOUSE June 25, 2020 get background checks passed and the I am deliberate when I call this a Surveillance video gone. And Andres is Charleston loophole. But, again, we step, however important. We have so gone, with six police bullets in his can’t get anything called in the Sen- much more to do to dismantle racist back. ate. systems that have infected our country The public should not need to call for Mr. ARMSTRONG. Mr. Speaker, may since before we were a country and, in- a third-party investigation into these I inquire how much time I have re- deed, were part of our foundational deaths. We should be able to trust the maining? documents. system. The SPEAKER pro tempore. The gen- Genocide of Native Americans. Slav- More importantly, they should not tleman from North Dakota has 28 min- ery. Jim Crow. Mass incarceration. need investigations because the utes remaining. And many forms of racist injustice on- killings must stop—today. Mr. ARMSTRONG. Mr. Speaker, I re- going as I speak. Mr. Speaker, we must pass the serve the balance of my time. Mr. Speaker, this month I marched George Floyd Justice in Policing Act. Ms. BASS. Mr. Speaker, I yield 1 with 6,000 of my constituents in Mr. ARMSTRONG. Mr. Speaker, I minute to the gentleman from New Macomb County crying out for major, continue to reserve the balance of my York (Mr. MEEKS). structural change in what may have time. Mr. MEEKS. Mr. Speaker, I was born been the biggest antiracism rally that Ms. BASS. Mr. Speaker, I yield 1 in 1953. Brown v. Board of Education county has ever seen. If we pass this minute to the gentleman from Texas had not been decided. The Civil Rights bill and pat ourselves on the back for (Mr. DOGGETT). Act was not yet law, and the Voting having done something, we will have Mr. DOGGETT. Mr. Speaker, I thank Rights Act was more than a decade failed the people. Instead, let’s pass the gentlewoman for her tremendous away. African Americans could be de- this bill today and continue to work to nied sitting on a bus, a room at a hotel, leadership. entry into a school, solely because of end systemic racism tomorrow. Mr. Speaker, this bill is an important Mr. ARMSTRONG. Mr. Speaker, I the color of their skin. start—not an end—of what must be For my three daughters, such a time continue to reserve the balance of my done to stop racism in America. So is still somewhat unimaginable to time. much more must be accomplished by them. They cannot fathom being re- Ms. BASS. Mr. Speaker, I yield 1 the local police departments across the fused entry into a restaurant or being minute to the gentlewoman from country. This is more than a few bad legally barred from living in a neigh- Michigan (Mrs. LAWRENCE). apples. It is a virus that has too often borhood, because the laws on the books Mrs. LAWRENCE. Mr. Speaker, I rise infected the orchard. This is not a time said it was the right thing to do. These today because I have heard the cries for meaningless gestures or watered- are the realities of my generation, for and the screams from the street ‘‘Black down proposals, but for real, meaning- I recall getting off a train and seeing lives matter.’’ ful action. ‘‘colored’’ and ‘‘white.’’ But it is not Mr. Speaker, as a Black woman elect- Black lives matter because for so the realities for my daughters. ed to Congress, I feel the generations of often and for so long they have been But they do know about a world my people calling on our government the subject of violence and prejudices where Black men and women can be time and time again for decades and as though they did not. stopped by a police officer on the decades to enact transformational leg- In Austin, Mike Ramos was fleeing. flimsiest of pretexts, and they under- islation, to finally have a law on the Javier Ambler couldn’t breathe. Both stand the pain of seeing unarmed Black books to stop police assaults on Black were unarmed, unthreatening, and both men and women shot, choked, and lives. are now dead. While technology has lit- kneeled upon until they take their last Sadly, as a country we can no longer erally brought this violence into our breath. use the excuse of being blind to racism. homes, we also recognize how many I now also have a one-year-old grand- We can no longer use the excuse of incidences have never been reported. daughter. She does not know about being deaf to the cries of justice, for Failure by some law enforcement mass incarceration. She has not seen justice in this country, or the arro- personnel to protect Black citizens, videos of Black men being murdered by gance of White privilege. Our country, threatens the very core of our democ- those that are supposed to protect the our people, the citizens of this country racy. What we do today is not only law. I do hope she learns about these are calling on us to come together and about protecting those victims, but it incidents, like the murder of George to join America and vote for this bill, is also with respect and thanks to the Floyd or Eric Garner or Sean Bell, but the George Floyd Justice in Policing many dedicated police officers who put in the same way my daughter has Act now. their lives on the line daily for our se- learned about segregation: Through Mr. Speaker, in our country, we curity. books and movies and history and pledge one Nation under God, indivis- What we need is to reach across the classes. I hope she views our current ible, with liberty and justice for all. It divide, to have protesters educating po- failings as unimaginable problems from is time to act now. lice about their concerns, and officers an era far passed. Mr. ARMSTRONG. Mr. Speaker, I listening and affirming that they want And this Congress can make a dif- continue to reserve the balance of my to be a part of the solution that we ference. Let’s not wait now. The cam- time. offer today. Ms. BASS. Mr. Speaker, I yield 1 era of history is rolling, and it rolled b 1730 bad on those in 1953. Let it not roll bad minute to the gentlewoman from the on us today. great State of California (Ms. Mr. ARMSTRONG. Mr. Speaker, I re- Mr. Speaker, let us pass this act. BARRAGA´ N). serve the balance of my time. This bill will not take us all the way to Ms. BARRAGA´ N. Mr. Speaker, the Ms. BASS. Mr. Speaker, I yield 1 that destination, but it is a real step time for change is now. minute to the gentlewoman from Ohio towards a just world. Let’s pass this Not next month. (Mrs. BEATTY). bill. Not after more studies. Mrs. BEATTY. Mr. Speaker, it is in- Mr. ARMSTRONG. Mr. Speaker, I Not after more deaths. disputable that George Floyd should be continue to reserve the balance of my Now. alive today. His killing was the result time. Our country demands it. of police violence that too many Black Ms. BASS. Mr. Speaker, I yield 1 We, as a Congress, have listened. Americans have experienced, many in minute to the gentleman from Michi- Today, we must act. my district. gan (Mr. LEVIN). For George Floyd, Breonna Taylor, Black lives matter. Mr. LEVIN of Michigan. Mr. Speaker, Eric Garner, and the countless others, I was honored to attend George I rise in strong support of this profound we demand justice. We demand change. Floyd’s funeral and proud to support legislation, the George Floyd Justice In my very own district, just last this historic bill in honor of his name. in Policing Act, a long overdue step to- week, a young Latino kid, 18 years old, Today I breathe—today we breathe— wards ending the scourge of police bru- Andres Guardado, was shot in the back in honor of George Floyd. This bill will tality in America. by police. There were no body cameras. honor his life. And in the words of his

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.078 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE June 25, 2020 CONGRESSIONAL RECORD — HOUSE H2479 daughter: My daddy will change the We are here today to bend the arc of are suggestions, an insult to us in this world. the moral universe towards justice. House. I ask all of my colleagues to help Mr. ARMSTRONG. Mr. Speaker, I re- I urge my colleagues to vote ‘‘yes.’’ change the world by ending some of the serve the balance of my time. Mr. ARMSTRONG. Mr. Speaker, I re- most dangerous and egregious prac- Ms. BASS. Mr. Speaker, I yield 1 serve the balance of my time. tices of law enforcement in our Nation. minute to the gentleman from Mary- Ms. BASS. Mr. Speaker, I yield 1 Beyond this bill, we must get to the land (Mr. MFUME), the newest member minute to the gentleman from Cali- root of structural racism that has of the Congressional Black Caucus. fornia (Mr. LEVIN). plagued our country for centuries. Mr. MFUME. Mr. Speaker, to my Mr. LEVIN of California. Mr. Speak- As I have called out in my resolution, friends on the other side of the aisle, er, our country is in crisis. We are bro- H. Res. 990, racism is a national crisis. every now and then in our Nation’s his- ken by generations of systemic racial We must move toward a truth and rec- tory we find ourselves at a singular, injustice, and it is clear that only real onciliation process. searing, and seminal moment, a mo- change in action will allow us to begin Today, my colleagues, we go from ment such as this. putting the fragments back together. agony to action. I support this bill, and And so, whether it was the great de- Millions of Americans across the I ask you to join me. bates of the 1960s and the civil rights country and in my district are demand- Mr. ARMSTRONG. Mr. Speaker, I re- bill or the granting of women the right ing accountability and reform to a serve the balance of my time. to vote 100 years ago or the debates of structure that has allowed police bru- Ms. BASS. Mr. Speaker, I yield 1 war and peace which predate all of us, tality and injustice against people of minute to the gentleman from New this is our moment. And it is our mo- color for far too long. York (Mr. ESPAILLAT). ment to do the right thing on behalf of As we continue hearing new names of Mr. ESPAILLAT. Mr. Speaker, I rise the faceless and nameless men and those who have lost their lives to this in support of this bill. women who have lost their lives as a system, it is clear: Thoughts and pray- One month ago, George Floyd was result of police violence. ers have never been enough, and they murdered. As his 6-year-old astutely So when future generations peer are not enough now. said in the days following, ‘‘Daddy through the telescope of time and look We can no longer stand idly by, fail- changed the world.’’ back on us and this day, let them say ing to act on behalf of our Black Amer- In this bill, there are several policies of us that, when it came to addressing ican communities in pain. The Justice in Policing Act will help bring about that have been highlighted in the Har- the issue of racist, ugly, violent, crimi- the long overdue changes that we need, lem Manifesto Against Police Bru- nal actions by bad police officers, we to strengthen transparency and ac- tality. The Harlem Manifesto advo- did not waiver, that we did not flinch, countability in our law enforcement. cates for a ban on chokeholds and the that we did not shirk our responsibility knee. It demilitarizes police and ends We need to ban unnecessary and ex- to do the right thing. The right thing is cessive uses of force, including qualified immunity. passing the George Floyd Justice in The Harlem Manifesto also includes a chokeholds, and we need to end the Policing Act, and to do so on behalf of provision to ensure that police officers militarization of local police depart- all those who are not here to pass it can be held accountable for excessive ments. That is why we must pass the and to vote and to speak for them- force. The standard should not be will- Justice in Policing Act today and begin selves. ful intent but reckless intent. We must the first of many steps towards a more I strongly urge passage. This is the just system, ensuring that George pass this bill and eradicate the cultural moment that we have to act in, and it violence in police departments across Floyd, Breonna Taylor, and countless will be a fleeting moment. others are not forgotten. the country. Mr. ARMSTRONG. Mr. Speaker, I re- The best anticrime policies are anti- The SPEAKER pro tempore. Without serve the balance of my time. objection, the gentleman from Ohio poverty policies. We must continue Ms. BASS. Mr. Speaker, I yield 1 (Mr. JORDAN) will control the balance this fight. Black lives matter. minute to the gentleman from New Mr. ARMSTRONG. Mr. Speaker, I re- of the Republican time. Jersey (Mr. NORCROSS). There was no objection. serve the balance of my time. Mr. NORCROSS. Mr. Speaker, I rise Ms. BASS. Mr. Speaker, I yield 1 Mr. JORDAN. Mr. Speaker, I reserve today on the importance of the George minute to the gentleman from Texas the balance of my time. Floyd Justice in Policing Act, and I am (Mr. GREEN). Ms. BASS. Mr. Speaker, I yield 1 Mr. GREEN of Texas. Mr. Speaker, honored to stand with my colleagues minute to the gentlewoman from New for those who are not sure as to why we here in Congress, and certainly with York (Ms. VELA´ ZQUEZ). ´ are here today, please allow me to ex- the Congressional Black Caucus, to Ms. VELAZQUEZ. Mr. Speaker, in plain it to you. combat the epidemic of racial injus- nearly every city and town across this We are here today because Ahmaud tice. country, the American people are rais- Arbery’s murder was captured on As we know, this bill creates unprec- ing their collective voice for change. video. edented reforms, needed reforms. But Our Nation is having a long overdue We are here today because Ms. Coo- the first step is to admit we have a conversation about race and policing, per was captured on video as she used problem, and apparently we haven’t and we are finally acknowledging incited language, the language of a done that as a Chamber in the whole. Black lives matter. Black man assaulting a White woman, This is not a standalone issue. It is But it takes more than words and to summon the police. one that continues today. It is about hashtags. The American people want We are here today because all 8 min- ending racial profiling, transforming true reform. This bill takes tangible utes and 46 seconds of George Floyd’s the culture of policing. It is not us steps in that direction. It ends quali- demise were captured on video. versus them. It is we, together. fied immunity. The bill bans And the American people don’t like My hometown of Camden, just 10 chokeholds. No-knock warrants will what they have seen. They don’t agree years ago, had the highest murder rate become a thing of the past. with what they see. They know that in North America, called the most dan- We are all outraged by the deaths of they have been lied to. They know gerous town, but reinvented their po- George Floyd, Breonna Taylor, that, if these things hadn’t been cap- lice department—not alone, but to- Rayshard Brooks, Eric Garner, and so tured on video, we would not be here gether, changed their culture, now, many others. However, anger is not today. working together, always reviewing enough. The American people are de- Carlyle was right: ‘‘No lie can live what they are doing: How can we do manding action. forever.’’ this better? Sixty-three percent less This bill offers meaningful, trans- William Cullen Bryant was right: murders, 73 percent drop in the crime formative change, not lip service or ‘‘Truth, crushed to earth, shall rise rate. half measures being floated by the again.’’ It can be done, but we have to do it President and Senate Republicans. Dr. King was right: ‘‘The arc of the together. The time is now. History will judge moral universe is long, but it bends to- The President and Senate Repub- us on how we respond to this moment. wards justice.’’ licans, seriously short. They merely Vote ‘‘yes.’’

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.080 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE H2480 CONGRESSIONAL RECORD — HOUSE June 25, 2020 Mr. JORDAN. Mr. Speaker, I reserve ficers who are accountable to the pub- For all the good intentions, we have the balance of my time. lic. to recognize the fact that this bill is Ms. BASS. Mr. Speaker, I yield my- I am so proud to be here on this his- not just going to chase bad cops out of self such time as I may consume. toric day, where, for the first time in I the business, but it is going to dissuade Mr. Speaker, the Justice in Policing have no idea how many years, the good people from continuing in law en- Act establishes a bold, transformative House of Representatives will pass the forcement. And that is going to make vision of policing in America. Never George Floyd Justice in Policing Act. our communities less safe. again should the world be subjected to Mr. Speaker, I reserve the balance of This bill makes it easier to sue law witnessing what we saw in the streets my time. enforcement. It makes it easier to in Minneapolis, the slow murder of an Mr. JORDAN. Mr. Speaker, I yield as prosecute cops, all cops, not just bad individual by a uniformed police offi- much time as he may consume to the cops. It ensures that there is a public cer. gentleman from North Dakota (Mr. database of all complaints, whether The world is witnessing the birth of a ARMSTRONG). they are completely frivolous or not. new movement in our country. This Mr. ARMSTRONG. Mr. Speaker, I sat It takes away their ability to use movement has now spread to many na- through this through a committee equipment, whether they need it or tions around the world, with thousands hearing, a markup, a Rules Committee, not. It takes away the ability for offi- marching to register their horror and and all day here today, and I have cers to use lifesaving tools, whether hearing the cry, ‘‘I can’t breathe,’’ peo- heard a lot about how now is the time they need it or not. ple marching to demand not just for bold action and now is the time for Combined with what is going on, and change, but transformative change transformational change. But what we a combination between peaceful pro- that ends police brutality, that ends don’t spend nearly enough time talking tests and violent rioting, I have a racial profiling and ends the practice of about is whether what we are doing and friend and officers in Minneapolis just denying Americans the ability to sue what law we are passing is actually this week have responded to calls when they have been injured, that de- good policy, whether this policy will where they are being spit on and had nies local jurisdictions the power to work in as diverse communities as we bottles thrown at them where they are fire and prosecute offending officers. have from one end of this great Nation responding to murders. Black communities have been, sadly, to another. To say that these types of policies If there was ever a subject that re- marching for over 100 years against po- and this type of rhetoric is not going to quires nuanced and thoughtful delib- lice abuse and for the police to protect chase good people out of this profession eration, police reform is it. Unfortu- and serve our communities like they do is just not true. nately, we seem to be incapable of that Republicans in the Judiciary Com- elsewhere. in this town at this time. mittee did offer substantive and qual- In the 1950s, news cameras exposed That is unfortunate because the ity amendments. We offered amend- the brutal horror of legalized racism in American people want reform, and that ments to require recordings of non- the form of segregation. The news cam- reform has to start with the basic rec- custodial interviews to enhance the use eras of the 1950s exposed the brutal ognition that 2 million out of 2.3 mil- of body cameras by Federal officers. treatment of people who dared to chal- lion people who are incarcerated in this We offered what I consider is reason- lenge the system. News cameras ex- country are incarcerated in State and able collective bargaining reform so posed to the world that Black people local prisons and this inherently be- that bad cops can actually get fired did not have the same constitutional comes a community action. from their jobs. We exempted our Bor- protections, that freedom of speech, b 1745 der Patrol from the ban on the pur- that the right to assemble and protest chase of surplus military equipment. were not rights extended to all African Law enforcement is mostly a local We also even offered an amendment for Americans. function. And when we are talking a ban on no-knock warrants. We just Seventy years later, it is the cell about reform, we must always recog- asked to collect the data during the phone camera that has exposed the nize that these laws must work at 2:30 process while we were doing it. continuation of violence directed at Af- a.m. in dangerous, unpredictable, and So to say that everything we offered rican Americans by the police and ex- often violent situations, whether that and what we tried to accomplish either posed the reality that the right of life, officer is patrolling downtown Wash- here or on the other side was not rel- liberty, and the pursuit of happiness is ington, D.C., or he is on a rural North evant to the conversation just simply not guaranteed to all African Ameri- Dakota road where backup is measured isn’t true. cans at all times. in hours and not minutes. But there are things we agree on. We Now, the movement for police ac- We can move quickly and thought- agree with body cameras for law en- countability has become a rainbow fully. We can work toward policies that forcement. We agree that more trans- movement, reflecting the wonderful di- hold bad officers and derelict depart- parency is the best thing. versity of our Nation and world. The ments accountable without making it Congresswoman BASS has talked a power of this movement will help move harder for good cops to do their jobs. lot—and I think this is actually accu- Congress to act, to pass legislation Part of how we do that is by recog- rate—we wouldn’t know a lot about that not only holds police accountable nizing some uncomfortable truths. I these things without cell phone cam- and increases transparency, but assists will be the first one to say that sys- eras and what has gone on. That is a police departments to change the cul- temic racial disparities exist in our reality that exists. But the other re- ture. criminal justice system, not just in law ality that exists is that we all are func- Now, I know that change is hard, but enforcement, but throughout, whether tioning in a digital society. Asking our I am certain that police officers, pro- it is in pretrial release programs, Federal law enforcement to come into fessionals who risk their lives every charging decisions that determine min- the 21st century along with us is not a day, are deeply concerned about their imum mandatory sentences, facially terribly irrelevant nor unreasonable re- profession and do not want to work in neutral enhancements that have dis- quest. an environment that requires their si- parate impacts on minority commu- We agree with making sure we have a lence when they know that a fellow of- nities. way to track officers. We don’t nec- ficer is abusing the public. But we also need to recognize the essarily agree on the exact specifics, I am certain police officers would truth that, when we talk about these but there is a way to get there. like to be free to intervene and stop an things, we have been talking about I think everyone agrees that more officer from using deadly force when it them for years and long before Presi- de-escalation training is incredibly im- is not necessary, and I am certain that dent Trump was elected. In fact, if portant, and that doesn’t matter if you police officers want to make sure that your claim is historical and systemic are in a diverse community or not. they are trained in the best practices racism, then it is sometimes hard to Everybody who has talked to law en- in policing. A profession where you believe that all of these occurred as of forcement knows they deal with way have the power to kill should be a pro- January 3, 2017, when President Trump too many mental health issues. We fession that requires highly trained of- took office. agree with those resources.

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.081 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE June 25, 2020 CONGRESSIONAL RECORD — HOUSE H2481 We all want to hold bad cops ac- I think, unfortunately, that is where tant work that police officers do every countable and departments that have this is going. But I do have hope be- day, risking their lives to keep us safe. too many bad incidents accountable. cause I know there are a lot of people That is really the thing that we have Many of us on our side agree with on both sides of the aisle who truly to focus the most on because we know qualified immunity reform. I tend to want to work on this. You don’t have there are bad cops like there are bad agree with my friend Congressman ROY to go very far; 350 Members of Congress people in any profession. But to paint when he said we want significant re- on both sides of the aisle have already everybody with the same brush is not form. I would also argue we need to re- cosponsored bills related to criminal only unfair, it actually does a dis- place it with something. justice reform. service to the work that they do in The problem with no-knock warrants So, we will get this done, maybe not every community on a daily basis that isn’t that they are there; it is that they as soon as we could have, but I am is unheralded. are overused. The problem with mili- hopeful we will rise to the moment. What I would first say is that while tary equipment isn’t that it is utilized; Ms. BASS. Mr. Speaker, I yield the the bill that is before us today is a bill it is that, in some departments, it is balance of my time to the gentleman that has some components that we sup- overused. from New York (Mr. JEFFRIES), the dis- port, but some components that we feel But if we continue to paint with a tinguished chair of the Democratic would create even more problems, broad brush all of these things and Caucus, and I ask unanimous consent there can be work done to come to- have it affect every department, re- that he may control that time. gether. I know in committee there gardless of how urban or rural in na- The SPEAKER pro tempore. Is there were many opportunities to bring that ture, regardless if they have a history objection to the request of the gentle- forward, to bring other amendments of abuse or none at all, then we run woman from California? forward, and it is a shame that every into the real risk of alienating the peo- There was no objection. single Republican amendment was shut ple who most closely and most want re- Mr. JEFFRIES. Mr. Speaker, I thank down. Every single amendment was form. the distinguished gentlewoman, the shut down in committee. Every single I will end on something that I think chair of the Congressional Black Cau- amendment that we brought forward is fairly hopeful, and I do have hope be- cus, for her tremendous leadership on was shut down on this House floor. cause I think this is the most criminal the George Floyd Justice in Policing That is not going to solve this prob- justice reform in Congress we have ever Act and in moving this important piece lem. I think we all know that. If we are seen. There are Members on both sides of legislation forward. here to make law, which I think a lot of the aisle who are serious about mari- Mr. Speaker, I yield 1 minute to the of us are, then it is going to mean both juana legislation. If you want to talk distinguished gentlewoman from Cali- sides coming together to bring their about a system in the criminal code best ideas forward to address the prob- fornia (Mrs. DAVIS). that has a disparate racial impact, I Mrs. DAVIS of California. Mr. Speak- lem. I was very disappointed yesterday to am not sure you need to go a whole lot er, for weeks, people across the country watch on the Senate floor our former further than marijuana reform. have been protesting in the streets, de- We have had people on both sides of House colleague and friend TIM SCOTT, manding justice for George Floyd, for the aisle who have done the juvenile who has worked on this for a long time, Breonna Taylor, and for a countless justice act, the justice reinvestment somebody who has actually been a vic- number of people killed by police. act, trial penalties, clemency for un- tim of racial profiling himself who Sadly, incidents like these are some- duly harsh prisons. We have a lot of worked closely with a lot of people to thing that our communities of color places we can do that. I think it bears bring a bill to the floor that had a lot know too well. This moment—this mo- repeating, and I just truly, truly mean of bipartisan support. Yes, maybe some ment—begs us to act, to be bold, to this. The FIRST STEP Act, which was people had differences with the bill, but capture this opportunity for change. passed by the last Congress that was instead of coming together and work- I commit and I urge all of my col- bicameral, bipartisan, and advocated ing through those differences, the leagues to be allies in this fight and for by this President, is the single most Democrats in the Senate voted down amplify our voices, recognizing that, important criminal justice reform that the opportunity even to bring the bill once again, it is the women of color has probably ever come out of this Con- on the floor. who will take the lead in ensuring jus- gress. The motion to proceed is the motion I don’t say that from being a Repub- tice for all. Vote ‘‘yes’’ on this bill. to start debate on the issue; they voted lican politician. I say that from prac- Mr. JORDAN. Mr. Speaker, I yield it down. How is that going to solve the ticing Federal criminal defense under such time as he may consume to the problem if you don’t even want to de- both the Bush administration and the gentleman from Louisiana (Mr. SCA- bate the problem? At least here on the Obama administration. LISE), the minority whip. House floor we are having a debate. So in 3 years at the Federal level, we Mr. SCALISE. Mr. Speaker, I thank I wish we had an open amendment have gotten more done. But it is called my colleague and friend from Ohio for process where we could try to settle the FIRST STEP Act for a reason, be- yielding and for his leadership on this these differences here. That is not cause there is a second step. I have had issue. going to happen, unfortunately. But, I, the opportunity through all the rhet- I also want to thank my friend and as my colleague Mr. ARMSTRONG, don’t oric and all the partisan fighting and colleague, the gentlewoman from Cali- give up hope, but we present the oppor- everything, I have also gotten to meet fornia (Ms. BASS), for her work over tunity to solve this problem. great, thoughtful people on both sides the years on this issue as well. If you look at the bill, H.R. 7278, the of the aisle. And people on my side of Mr. Speaker, we stand at a moment JUSTICE Act, by my friend Mr. the aisle who, as short a time ago as in time that is so important in our STAUBER, who served as a police officer several years, didn’t believe in some of country’s history, a moment when we for over 20 years, he saw the good and these things believe in them now. can actually come together to solve a the bad in policing. He brings that It is not just in the Federal Govern- problem that we have seen that has unique perspective as somebody who ment. States all across the country, gone on for a long time, something wants to solve the problem. from Colorado to New Jersey to North that has come to light in different He will tell you that the person who Dakota to Texas, are doing criminal ways over years. But George Floyd’s doesn’t want a bad cop more than any- justice reform. They are doing it death, a death that never should have body is a good cop. You don’t want to thoughtfully and moving it forward. happened, really did awaken and create go on a call with a bad cop. You want I find it unfortunate that we are a moment in time when we can actu- to root them out, while not under- going to be here and that we couldn’t ally get something done on this issue. mining the important work that law have this conversation. We are going to I hope that we rise to this moment. I enforcement officers do every day. do what we do so well in this town: hope that we work together to address Mr. Speaker, I have seen it firsthand. talk and talk and talk and then fail to the problems that we have seen while I would not be here today if it wasn’t have action on anything that has a re- making a careful and important dis- for the bravery and heroism of law en- alistic chance of becoming law. tinction not to undermine the impor- forcement. I have seen them risk their

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.083 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE H2482 CONGRESSIONAL RECORD — HOUSE June 25, 2020 lives for myself and for other people, We could not ask for a better pair to TIM did not ask to do the bill on the maybe not knowing if they were going work on this important issue: a Black Senate side with no input from the to make it home that night, and they Senator who has personally experi- other side of the aisle. TIM offered do that every day. enced racial discrimination and a re- amendments and others, but it can’t If there is a bad cop, let’s root them tired law enforcement officer, wounded even move the bill forward. out. But we want to make sure we on the job, for more than 23 years with Now you are defaming its supporters don’t undermine the ability for the the State of Minnesota, who now serves saying, as Speaker PELOSI absurdly good cops that are all around our com- in the House. claims, that we are trying to get away munities, keeping us safe every day. Their thoughtful efforts have pro- with murder, the murder of George They have a right not only to keep us duced something that is too rare in Floyd. She knows she should have safe, but they have a right to make it this town: a bill that actually tries to apologized, but she doubled down on back home to see their families at the solve a problem, not just score political her remarks yesterday. That was a end of that night, too. points. very sad state of affairs. Let’s make sure, when we are strik- It is truly a bipartisan plan, with Think for one moment. The Speaker ing that important balance, we don’t over 80 percent of the policies in the of the House is second in line to the forget about those two competing bill supported by Democrats. It builds President of the United States. That sides. on previous Republican-led civil rights job is too big for words so small, espe- We can solve this problem. We need efforts, such as in the majority when cially in this moment and in this op- to work together to get this done. we did criminal justice reform, oppor- portunity. Hopefully, we will do that before this tunity zones, and school choice. In So much for meeting the moment moment is lost. fact, it could be on its way to becoming and working together to solve a prob- Mr. JEFFRIES. Mr. Speaker, I yield law today in a more sensible environ- lem. We have reached a new low in this such time as he may consume to the ment. It would pass on the merits with body, and it is not one that I want to gentleman from California (Mr. overwhelmingly bipartisan support. be a part of. Democrats in the Senate had the op- PETERS), my good friend and class- But we don’t live in sensible times. portunity to add 20 amendments to ad- mate. When I looked George Floyd’s brother Mr. PETERS. Mr. Speaker, I rise in the eye and told him that George dress their concerns about the JUS- today in support of H.R. 7120, the will not have died in vain, I meant it. TICE Act, but they chose to walk away. Meanwhile, Democrats in the George Floyd Justice in Policing Act. To those on the other side of the Just to reflect on the comments from aisle, I believe you meant it, too, but House haven’t given the Republicans the gentleman, my colleague from Lou- there are questions that arise: the opportunity to offer a single isiana, we all believe that cops are Did you work in good faith across the amendment on the floor. I have been in the position of being a good people who became—most cops aisle or did you choose to go it alone? Did you choose to make a point rath- majority leader. I understand you let a are good people who became officers to few make a decision, but I do not be- serve their communities. The provi- er than make a difference, all while putting politics before people and slan- lieve it is the will of the other side of sions in today’s bill will help us sup- the aisle to shut out voices on this port the good cops by rooting out the dering Republicans in the process? First, you dismissed the JUSTICE side. I do not believe that you think bad ones. you have all the answers or are afraid But, fundamentally, the culture of Act as ineffective before one single word was read. I never once said that to even have a debate when you know policing in this country must change. this is an issue that all of America on There is a tremendous amount of sup- the Democrat bill was a nonstarter, not once. I was asked at a press con- the streets is rising up and wants to port nationally, and I believe in this have a voice heard. body, for better training, transparency, ference to name one thing that I op- pose. I went back to the reporter and I don’t understand why anybody is and accountability. It is devastating afraid to have amendments. We didn’t that we are acting too late to save the said, no, I will not, because this is a moment in time the country expects us stop participating even though we had lives of George Floyd and Breonna Tay- been shut out. We have been to every lor and Eric Garner and the many to rise to the occasion. I am not going to point to something that I disagree hearing. We have been to every place. other victims who haven’t even made We want to make law. We don’t want with because I believe we can get to headlines. to make politics. I think our country But there is hope that this bill can the point together. I had hoped that on this floor we deserves more. save lives and protect Black lives mov- Worse yet, Democrats are now trying probably would be debating amend- ing forward. We may not finish today, to distract from the party’s failures in ments. Not one single amendment was but this is an important start. governing major American cities. You Mr. Speaker, I strongly urge my col- allowed. Not one single amendment are complicit in the chaos and its con- leagues to support this legislation and was allowed. sequences. vote ‘‘yes.’’ I listened to the Democrats on the While you stall serious reform, your other side because they are in the posi- b 1800 allies in the leftwing mob are engaging tion the Republicans are here in the in looting, destruction, and violence, Mr. JORDAN. Mr. Speaker, I yield 1 minority. They were offered 20 amend- attacking people, property, and public minute to the gentleman from Cali- ments, but they felt they shouldn’t go monuments to American heroes. fornia (Mr. MCCARTHY), the Republican forward—not to vote on the bill, but The latest incident, I guarantee you, leader and my good friend. not even to debate it. Would it be too will not be the last. It was in the city Mr. MCCARTHY. Mr. Speaker, I much to offer the minority one vote to of Madison, Wisconsin, not a Repub- thank the gentleman for yielding. I do a bill together? lican stronghold, but a Democrat, for thank the gentleman for his work and Then you tried to diminish its au- decades. There, local officials stood by the work of his committee. thor. One Senate Democrat who is as a mob tore down several statues I thank Congresswoman KAREN White went so far as to say on the floor that are publicly owned and entirely BASS—I served with her in the State of the Senate that Senator SCOTT, a unoffensive. assembly—for the work as we go for- Black Republican, was taking the The first statue they tore down was ward. token approach. of Lady Forward, a symbol of progress Today marks 1 month since George I don’t know if you have ever served in the women’s suffrage movement. Floyd was tragically killed. As we all with TIM, but there is no one who has Next, they tore down a statue of Hans agree, Mr. Floyd, Pat Underwood, and higher character than the man I know. Christian Heg, an abolitionist who died countless others should be alive today. I don’t know what it is like to walk fighting to end slavery during the Civil Republicans have listened closely to in other people’s lives, but TIM is a War. calls for justice, and we have responded good friend. He has told me the stories. But it wasn’t just statues they at- proactively. Leading our response has TIM did not start working on this bill a tacked that night. The mob also as- been Senator TIM SCOTT and Congress- month ago. He has been working on it saulted a sitting State senator, a self- man PETE STAUBER. his entire life, like others, as well. described supporter of the protestors.

VerDate Sep 11 2014 16:28 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.085 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE June 25, 2020 CONGRESSIONAL RECORD — HOUSE H2483 This lawless and unjustified violence I wonder what this Nation would be the cause we strive and the responsi- must be stopped. But their own Wis- had he not been assassinated? Would bility people give us. Let’s not call consin Lieutenant Governor seemed we ever have had Jim Crow laws or the each other names of murderers and too surprised by the attacks to do any- KKK? Would we even be standing here others. Let’s believe in the goodness of thing about them. Their fatal mistake today? But I think George Floyd would one another, and let’s understand that is to assume that Democrats will be be, and so would Pat Underwood. we can solve this problem once and for safe because, as the Lieutenant Gov- In my office, in my chambers, I have all. Frederick Douglass as my newest por- ernor said, they are on the ‘‘proper’’ b 1815 side. trait, a man born into slavery, worked But here is the reality: Mobs don’t his way out. Even though he had every Mr. JEFFRIES. Mr. Speaker, I yield care about your political affiliation. reason to criticize this Nation, he loved myself such time as I may consume. Mobs won’t draw any lines because it for its bruises, its sores, and all be- Mr. Speaker, despite the representa- they can’t draw any lines because they cause he believed in a more perfect tion that was just made, Speaker are mobs. They don’t want peace, jus- Union, adviser to a President and be- PELOSI, as she always does, has risen to tice, or reform. They want destruction, lieving tomorrow would be better than the occasion. upheaval, and, most of all, control over today. The question is, will you? you, over others, and over our past, Inside my conference room, I keep a The Republican minority leader just present, and future. very big portrait of Washington cross- said that we have put politics over peo- In this country, no one is above the ing the Delaware. If the mob was al- ple. That is insulting, because it is our law no matter how proper the coastal lowed in, they would probably tear it children, our sons, our daughters, our elites or mainstream media deem their down. You see, that portrait is painted brothers, our sisters, our fathers, our cause. As elected officials, it is our re- not by an American, but by an immi- mothers, our husbands, our wives who sponsibility to condemn these acts grant who lived here because America are the ones who are being killed. with passion, force, and moral clarity. is more than a country. America is an This is not about politics. We know It doesn’t just happen in Wisconsin. idea, an idea about liberty and free- that racism has been in the soil of It happens in California. It happens in dom. And he thought if he painted this America since 1619. We need trans- the Speaker’s district. painting, he would inspire others to be- formational action. Just a few short years ago, the Pope lieve in the freedom that we stand for. The time to talk the talk is over. It spoke from these Chambers. As he left, He gets it historically incorrect. He is time to walk the walk. That is why the leadership stopped at Saint Serra puts Washington in a rowboat with 13 we are moving forward with the George and prayed together. There was a stat- people, but he only shows you 12 faces. Floyd Justice in Policing Act. ue in San Francisco that the mob tore You look at Washington. He is in his Mr. Speaker, I yield such time as she down. I am not sure, but I have not ceremonial uniform with his hand on may consume to the gentlewoman from seen any comments from the individual his chest, bigger than life. You think New York (Miss RICE), my good friend, who represents that district. that man had never lost a battle, but a distinguished member of the New In fact, their so-called solutions, history told us he had not won one yet. York delegation, a former Federal See, that was the night we surprised such as dismantling and defunding po- prosecutor, and a district attorney of the Hessians with our first victory. But lice would only make the problem one of the largest prosecutorial offices if you look at the portrait and see who worse, especially for our vulnerable in the Nation. is in it, you look at the second rower, communities. By giving their leftwing Miss RICE of New York. Mr. Speaker, it is a Black American. The one next to allies a pass, the Democrats are giving I rise today to offer my wholehearted him is Scottish. You come down, and the mob more power, more license, and support for the George Floyd Justice in the woman in the very back is a Native Policing Act. more ambition. That is a recipe not for American. As my good friend, Mr. JEFFRIES, just justice, but for more chaos. I do not know if they were in the said, I spent the first 20 years of my ca- Mr. Speaker, Abraham Lincoln knew boat that night, but to this young im- reer as a prosecutor in the criminal riots, mob rule, and defunding the po- migrant, that is who he believed, hav- justice system. I have seen where it lice present serious threats to the ing lived in America, would be there. American way of life. As a young man, To the back you see this man, a works and, more often, I have seen he warned that ‘‘lawlessness in spirit’’ farmer, with his hand across his face. where it doesn’t work. quickly becomes ‘‘lawlessness in prac- The hand of the 13th person nobody I can say without a doubt that police tice.’’ He knew, if it was proper and sees. You see, to this young artist, he accountability is one of the areas that you ignored it, it would become a prac- said here we are not even a nation but is fundamentally broken, but we need tice. an idea, an idea based upon that we are to do more than just hold individual of- Today, we are witnessing the situa- all equal. ficers responsible. We need to address tion that Lincoln feared: a war on civil Having never won a battle, we are the institutions that protect them and society that is quickly escalating. We willing to risk everything, where peo- perpetuate systemic racism. must summon the courage to protect ple would say on the holiest of nights, That is why I am proud to cosponsor law-abiding citizens against lawless- of Christmas: We will go to a challenge this bill, which will make critical ness. in a rough water and cross that we changes to this broken system, like re- Our choice is clear: civil society or have never won before. Here is a hand. forming the qualified immunity stand- chaos. Those are our only options. Would you get in and join us? ard, banning the use of chokeholds, Republicans know which side we That is as true today as it was then. creating a national police misconduct stand on. We will stand up, hold the You see, in that portrait, they didn’t registry, and modifying the mens rea line, and fight until the mob is stopped. say only one party to join; they wanted standard to hold officers accountable. Enough is enough. all. They didn’t say one had all the I will continue to work with my col- Today, on this floor, 1 month ago, I ideas; they said we were collective. And leagues in the Congressional Black thought we would show the country they were willing to do things they Caucus and continue to listen to local that we are worthy of the office they hadn’t done before. They knew they Black leaders and activists back in my let us serve in. We may be of different were not perfect, but they strived to district on Long Island as we continue parties. I am proud of mine. You see, I become a more perfect Union. to root out injustice and discrimina- was not born into the Republican I had hoped that that is what we tion from our society. Party. I came from a party of Demo- would see today. Today, that will not Black lives matter, Mr. Speaker, and crats. be the answer, but that can also not be it is about time our laws and policies In my office, I keep portraits. I keep the end. I would hope both of us would reflect that. a portrait of Abraham Lincoln, the rise up on both sides and ask us to go Mr. JORDAN. Mr. Speaker, I yield first Republican President. I love what to conference. myself such time as I may consume. he stood for. I love what he stood Let’s not miss this window of oppor- Mr. Speaker, we just heard the against. Malice towards none. tunity to show that we are worthy of Democratic Conference Chair say

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.087 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE H2484 CONGRESSIONAL RECORD — HOUSE June 25, 2020 Speaker PELOSI rose to the occasion. Mr. JEFFRIES. Mr. Speaker, I yield Mr. JORDAN. Mr. Speaker, I reserve Calling Republican Senators murderers such time as she may consume to the the balance of my time. is rising to the occasion? gentlewoman from Illinois (Mrs. Mr. JEFFRIES. Mr. Speaker, I yield We have had all kinds of new defini- BUSTOS), the distinguished chair of the 1 minute to the gentlewoman from tions today. DCCC, a classmate, and a great Mem- California (Ms. JUDY CHU). First, we hear from the committee ber of Congress. Ms. JUDY CHU of California. Mr. chair of the Judiciary Committee that Mrs. BUSTOS. Mr. Speaker, I thank Speaker, the lynching of George Floyd antifa is imaginary, and now we heard Chairman JEFFRIES for yielding me the shocked our Nation, not because he from the Democratic Conference Chair time. was the first Black man murdered by that the Speaker rose to the occasion Mr. Speaker, I rise today as the wife police, but because he is one of count- when she uses language like she did to of the sheriff of Rock Island County, Il- less Black men unjustifiably murdered, describe Republican Senators. linois. I also rise today in support of and with video. It was indisputable. And, oh, by the way, it wasn’t just the Justice in Policing Act. After centuries of inequality, preju- Republican Senators who voted for TIM I have listened to so many people dice, and discrimination, the American SCOTT’s bill. There were two Democrat throughout the district that I serve people are crying out for justice. Senators who voted for it, and an Inde- who are hurting, so many stories of Today, we are taking action. pendent. And somehow we get that lan- people who are in pain: a woman whose The Justice in Policing Act curbs the guage, the Speaker of the House—as cousin died when the police used a neck excessive force and lack of trans- the Republican leader said, the indi- restraint like the one that took George parency that has contributed to police vidual second in line to the President— Floyd’s life. That was in 2010, a decade brutality; chokeholds and no-knock rising to the occasion using language ago. Her family has been fighting for warrants for drug cases would be like that, preceded by the chairman of justice ever since. banned; deadly force would be re- the Judiciary Committee, the com- I recognize that I as a White woman stricted, as would military equipment mittee focused on the rule of law, fo- cannot fully understand the pain that meant for battlefields, not American cused on the Constitution, saying an Black Americans feel, but I also know streets; and body cameras would be that if we are going to make real and organization the President of the mandatory. Crucially, it also limits lasting change to end systemic racism, United States has called terrorists is qualified immunity, which protects po- I must care just as much and I must be imaginary? That is what we hear on lice from accountability. just as motivated as those in the com- But reform is not enough. We must the House floor? munities who are hurting most. I appreciate the Republican leader’s also change the culture of policing, Today, I lift their voices. America remarks. I thought they were right on which this bill does through funding will hear you. for States and communities to conduct target. For this family’s decade-long quest Mr. Speaker, I reserve the balance of badly needed de-escalation training. for justice, we can, we will, and we George Floyd was not the first Black my time. must act. man killed by police, but with this leg- Mr. JEFFRIES. Mr. Speaker, I yield Mr. JORDAN. Mr. Speaker, I reserve islation, he can hopefully be among the such time as he may consume to the the balance of my time. last. gentleman from Mississippi (Mr. Mr. JEFFRIES. Mr. Speaker, I yield Mr. JORDAN. Mr. Speaker, I reserve THOMPSON), a distinguished gentleman, such time as he may consume to the the balance of my time. the chair of the Homeland Security gentleman from New Jersey (Mr. Mr. JEFFRIES. Mr. Speaker, I yield Committee. MALINOWSKI), a great new member of 1 minute to the gentleman from Flor- Mr. THOMPSON of Mississippi. Mr. the freshman class. ida (Mr. SOTO). Speaker, I thank the gentleman from Mr. MALINOWSKI. Mr. Speaker, I Mr. SOTO. Mr. Speaker, in my home- New York (Mr. JEFFRIES) for yielding will proudly vote for the George Floyd town of Kissimmee, Florida, I joined me the time. Justice in Policing Act because I be- our local protest of the murder of As someone who has been both a vic- lieve that Black lives matter, because I George Floyd. We came together, mem- tim of police insensitivity and someone believe that nobody in America should bers of the NAACP, Black Lives Mat- who has spent his entire life in an area have to fear an encounter with police ter, our Sheriff Russ Gibson, local po- known for police mistreating people, simply because of the color of their lice chiefs, and a multitude of my fel- and somebody who represents the area skin, and because I believe that what low Puerto Rican brothers and sisters. where Emmett Till was killed and his we need right now above all is trust, We decried hate, condemned police bru- accuser wore a badge, this notion that trust between law enforcement and the tality, and stood unified for change. somehow law enforcement’s activities people, all the people they are sworn to I then led a conversation on justice just started is not true. protect. and equality in America with Black But, you know, you have to walk in Trust is not built by police who use civil rights leaders, law enforcement, my shoes and the shoes of the Congres- force as a first resort, it is not built by and local officials from across central sional Black Caucus to know what we police who look like they are the 82nd Florida. I listened intently, and their are talking about. I hope at some point Airborne parachuting into a war zone, voices were clear: Black lives matter, we can get there. it is not built by hiding problems so and support the George Floyd Justice I am a grandfather. The story my fa- abusive officers get assigned to train in Policing Act of 2020. ther told me about law enforcement, rookie cops or those fired for mis- We see you; we hear you, and we will this day I am telling my grandson that conduct can get rehired somewhere honor those we lost with action. same story 50 years later. Law enforce- else. Mr. JORDAN. Mr. Speaker, I reserve ment hasn’t changed. Trust is built from better training, the balance of my time. So what we have to do is if we are transparency, and the accountability Mr. JEFFRIES. Mr. Speaker, I yield committed to it, we have to support that every true public servant wel- 1 minute to the gentlewoman from the this bill. comes. Commonwealth of Massachusetts (Mrs. The notion that the system is not Now, this may not be a perfect bill, TRAHAN). broken? It is operating how it was de- but it is surely the start of a process Mrs. TRAHAN. Mr. Speaker, I thank signed, so we are going to have to fix that will make us better. So, please, Chairman JEFFRIES for yielding. it, and we fix it by supporting this bill. let’s get this process started. Mr. Speaker, we have long encoun- Mr. JORDAN. Mr. Speaker, I reserve If we also want to fund the police, if tered excuses as to why we can’t tackle the balance of my time. we want to support the good cops who bias, discrimination, and racism in Mr. JEFFRIES. Mr. Speaker, may I are out there, then please ask the Sen- America, excuses that have prevented inquire how much time we have re- ate to support the HEROES Act along- equality in healthcare, in the class- maining. side police reform, the whole point of room, housing, in the workplace, and, The SPEAKER pro tempore. The gen- which was to help our State and local yes, in the way police interact with tleman from New York has 17 minutes governments keep our first responders communities they have sworn to pro- remaining. on the job. tect.

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.088 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE June 25, 2020 CONGRESSIONAL RECORD — HOUSE H2485 That approach has led to a deadly re- woman from the great State of Michi- And for far too long, the government ality where Black lives are equal on gan (Ms. TLAIB). has failed to protect the people. That paper, but not in real life. Ms. TLAIB. Mr. Speaker, our country changes today. This is a first, yet sig- We know this because the data show continues to fail Black people. nificant step to save lives, especially it. The data show that Black Ameri- Seven-year-old Aiyana Stanley- Black lives. cans are more likely to die during a Jones, in my district, would have grad- In my hometown of San Antonio, po- trip to the hospital and more likely to uated from high school this year if she lice violence has existed for genera- be killed, while unarmed, by the police. was not murdered by police when they tions. In just the last few years, We know this because George Floyd raided her home, the wrong home. Marquise Jones was killed by an off- should be alive today; so should Yes, who killed George Floyd should duty officer during a routine fender- Breonna Taylor, Tamir Rice, Eric Gar- be the focus, but also what killed bender. ner, and so many others. George Floyd. We are talking about Antronie Scott was killed by an offi- The Justice in Policing Act would centuries of dehumanizing Black folks cer who thought a cell phone was a have prevented their deaths, and it is in our country, and it must end now. gun. long overdue. We owe it to them and to We cannot stop here. We are, again, Charles Roundtree was killed by po- every Black American to make this failing our neighbors when it comes to lice. He was only 18 years old. bill law. Then we must get to work fix- public safety, education, poverty, The Latino community has also suf- ing the injustice that has persisted in structural racism, which is deadly, and fered from police brutality. Andres our country for centuries so that we it is up to us to tear it down. Guardado and Carlos Lopez are the lat- can create a more inclusive, truly It is not enough for us to just say est to be killed. equal, and just America for everyone to Black lives matter. We, in this Cham- Forty years ago, in San Antonio, call home. ber, have the power for real policy Hector Santoscoy was killed by a po- Mr. JORDAN. Mr. Speaker, I reserve change and implementation that truly lice officer who had also killed a Black the balance of my time. frees our Black neighbors. man, Bobby Jo Phillips, in 1968. Mr. JEFFRIES. Mr. Speaker, I yield Aiyana, George, Breonna, Malice The cases we see on video are only a such time as she may consume to the Green, we failed you, but your murders fraction of the misconduct and abuse gentlewoman from New York (Ms. may be the way not to continue the in- that occurs every day, leaving long- CLARKE), my good friend. justice that we see in our country, and lasting physical, mental, and socio- we have to stop it now. logical damage. The good, lifesaving b 1830 Mr. JORDAN. Mr. Speaker, I con- work of police is undercut by the blue Ms. CLARKE of New York. Mr. tinue to reserve the balance of my code of secrecy, officers who refuse to Speaker, I thank our conference chair. time. tell on each other, police unions that Mr. Speaker, I rise today in support Mr. JEFFRIES. Mr. Speaker, I yield never admit when they are wrong, and of the George Floyd Justice in Policing such time as he may consume to the politicians who have been afraid to Act in honor of the lives I took an oath distinguished gentleman from the take on police unions. to serve as long as I draw breath. great State of Colorado (Mr. CROW), an This Congress must have the courage Breonna Taylor, George Floyd, Army Ranger, a patriot, and a great to act now and pass this legislation. Dominique ‘‘Rem’mie’’ Fells, Sandra Member of the United States House of Mr. JORDAN. Mr. Speaker, I con- Bland, Saheed Vassell, Eric Garner, Representatives. tinue to reserve the balance of my Sean Bell, Patrick Dorismond—how Mr. CROW. Mr. Speaker, I rise today time. many more Black lives must be in honor of Elijah McClain, a young Mr. JEFFRIES. Mr. Speaker, I yield hashtagged before we deliver equal jus- Black man from Aurora, Colorado, who 1 minute to the distinguished gen- tice to all of our people? died in police custody. He was 23 years tleman from the great State of Illinois I have heard my colleagues on the old. (Mr. KRISHNAMOORTHI). other side of the aisle make every ex- Before coming to the floor today, I Mr. KRISHNAMOORTHI. Mr. Speak- cuse under the Sun for maintaining the asked Elijah’s mother what she wanted er, I rise today in strong support of the status quo. Not today, my friends. to tell the world about her son, and George Floyd Justice in Policing Act. When Americans are dying at dis- here are her words: ‘‘Elijah spread joy In 2019, USA Today published the proportionate rates across the country everywhere he went. He was a lover of largest public database of disciplinary at the hands of law enforcement and all beings. He dedicated his energy to records for police officers. They found have been doing so for generations, healing others through his work as a that fewer than 10 percent of officers in enough is enough, and Congress must massage therapist and playing his vio- most police forces had been inves- act. This crucial legislation will make lin at the animal shelter to keep them tigated. But of those who are inves- police accountable for their actions. from being lonely. Elijah’s name will tigated, most have 10 or more mis- 1976, Randolph Evans, 15 years old, live on in the hearts of all who knew conduct charges, and worse, some face unarmed Black boy, shot dead, Brook- him.’’ more than 100 allegations. Almost all lyn, New York. Colorado was blessed by Elijah’s leg- still have their badges today. 1978, Arthur Miller, choked to death, acy, and last week, we passed the most To address this issue, the George Brooklyn, New York—my first protest transformative police bill in the coun- Floyd Justice in Policing Act includes as a child. The only crime: Being try. a national registry to bring trans- Black. Tonight, it is Congress’ turn to do parency to disciplinary decisions, to Here we are 2020, Breonna Taylor, the same. I urge my colleagues to join bring transparency to police mis- shot dead in her home; George Floyd, me and pass the George Floyd Justice conduct, and to bring transparency to choked to death. Their only crime: in Policing Act. The time for talk in the high cost of irresponsible individ- Being Black. Congress is over. My vote tonight will uals to taxpayers. So, my colleagues, as the only Black be cast for Elijah McClain. The George Floyd Justice in Policing woman in the New York State congres- Mr. JORDAN. Mr. Speaker, I con- Act is about transparency and sun- sional delegation, there are two things tinue to reserve the balance of my light. We need that now more than I know are true and will remain true time. ever. whether we acknowledge or accept it: Mr. JEFFRIES. Mr. Speaker, I yield Mr. JORDAN. Mr. Speaker, I con- Black lives matter. such time as he may consume to the tinue to reserve the balance of my No justice, no peace. Today, I choose distinguished gentleman from the time. justice. I vote ‘‘yes.’’ great State of Texas (Mr. CASTRO), the Mr. JEFFRIES. Mr. Speaker, how Mr. JORDAN. Mr. Speaker, I con- chair of the Congressional Hispanic much time do we have remaining on tinue to reserve the balance of my Caucus. our side? time. Mr. CASTRO of Texas. Mr. Speaker, The SPEAKER pro tempore. The gen- Mr. JEFFRIES. Mr. Speaker, I yield for far too long, far too many people tleman from New York has 71⁄2 minutes 1 minute to the distinguished gentle- have lost their lives to police brutality. remaining.

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.089 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE H2486 CONGRESSIONAL RECORD — HOUSE June 25, 2020 Mr. JEFFRIES. Mr. Speaker, I yield tant that we have context in this de- This Congress started off with Demo- 1 minute to the distinguished gen- bate. We have driven here and have crats saying abolish ICE. Then it tleman from the great State of Oregon been driven here by the actions of peo- moved to, no, let’s get rid of the whole (Mr. BLUMENAUER). ple all across this country who want Department of Homeland Security. Mr. BLUMENAUER. Mr. Speaker, I justice, who want an end to police vio- Now, we have Democrats in big cities am honored to stand for the George lence, who want an end to rogue cops around our country saying defund the Floyd Justice in Policing Act, an im- and want to be able to live, work, and police, get rid of police departments. It portant step for racial justice. I hope breathe in a society like anyone else. makes no sense. our approval will soften the hearts in Mr. JORDAN. Mr. Speaker, I con- Those four principles seem to me the Senate because there is much to tinue to reserve the balance of my should be common sense and should do. time. form the framework for us to work to- I am honored to work with another Mr. JEFFRIES. Mr. Speaker, I am gether and form policy. But unfortu- champion for justice, Congresswoman prepared to close. I have no additional nately, the Democrats didn’t want to BARBARA LEE, whose Marijuana Justice speakers. I reserve the balance of my work together. We saw it yesterday in Act would be the next step, repealing time. the Senate. We saw it last week in the Nixon’s blatantly racist prohibition of Mr. JORDAN. Mr. Speaker, I yield House, in the committee. We are seeing marijuana with its selective enforce- myself such time as I may consume. it today on the floor. It seems to me four principles should ment against young Black men, which Twelve amendments offered last frame our work in putting together continues to ensnare tens of thousands week, none accepted. No amendments of young Black men every month for policies that help the country. First and foremost, we need to recog- allowed on the floor today. Yesterday, something that Americans think nize, as we all do, the tragedy that we weren’t even allowed to debate it, should be legal. couldn’t even move to debate in the Let’s approve the MORE Act, already took place in Minneapolis. The taking of George Floyd’s life was just that, a United States Senate. passed out of the Judiciary Committee, tragedy. It never should have hap- But as I said, the only bipartisanship the next critical step in racial justice pened. As I have said before, it is as we have seen on this issue in the last reform and protecting young Black wrong as wrong can be, and his family several weeks on Capitol Hill was yes- men from oppression. terday in the Senate when two Demo- Mr. JORDAN. Mr. Speaker, I con- deserves justice, as do others. The Republican leader mentioned Pat crats and one Independent, tinue to reserve the balance of my Underwood. His death was as wrong as tripartisanship, voted to move forward time. wrong can be, and his family deserves on Senator SCOTT’s legislation. Mr. JEFFRIES. Mr. Speaker, I yield justice as well. So let’s hope, on this issue, this im- 1 minute to the distinguished gen- Second, we should condemn violence portant issue and others, that we can tleman from the great State of Mary- and also the creation of any type of au- begin to work together for the good of land (Mr. MFUME), the former head of tonomous zone that is separate from the American people, for the good of the NAACP as well as the Congres- our great country. this great country—I would say the sional Black Caucus. I said this earlier today. There is a greatest Nation ever, not perfect, Mr. MFUME. Mr. Speaker, I thank big difference between peaceful protest greatest Nation ever though. the distinguished gentleman from New and some of the things we have seen. When you live in the greatest Nation York, the chair of our Caucus, for Peaceful protest, that is First Amend- ever, I think the people of this great yielding. ment. We have all engaged in it. That country want us to work together to I listened intently to the litany that is apple pie. That is America. find the solutions that make sense, the minority leader chose to deliver, But peaceful protest is different than that make good common sense, and fit and I watched and looked through a the rioting we have seen. Peaceful pro- within those principles I talked about. lens of history about his admonitions test is different than the looting we That is what I hoped we could do. about our 16th President, Abraham have seen. Peaceful protest is different Over the last few weeks, unfortunately, Lincoln, and they were all well-stated. than the violence we have witnessed, that is not the course the majority has I think the bottom line, though, is the attacking of people, the taking of taken. that, in any debate, there ought to be people’s businesses and destroying I urge a ‘‘no’’ vote, and I yield back real context. So there are other things them. Peaceful protest is different than the balance of my time. that Lincoln said that are relevant to CHAZ and CHOP and these autonomous Mr. JEFFRIES. Mr. Speaker, I yield this debate as well. zones that are forming. myself such time as I may consume. In 1848, in a speech delivered in Third, the vast majority—vast, vast Let me begin by thanking the chair Edwardsville, Illinois, he spoke these majority—of police officers are good, of the Congressional Black Caucus and words to his countrymen. He said: good people doing great work, risking the prime sponsor of this legislation, When you have succeeded in dehumanizing their lives every time they put the uni- KAREN BASS, for her extraordinary the Negro; when you have put him down and form on and serve their shift, do their made it impossible for him to be but as the leadership on such a critical issue dur- beasts of the field; when you have extin- duty. ing such a critical moment in time. guished his soul in this world and placed him They are the guys who protect us I also want to thank the distin- where the ray of hope is blown out as in the here on Capitol Hill. They are the folks guished chair of the House Judiciary darkness of the damned, are you quite sure who rushed into the Twin Towers on 9/ Committee, Congressman JERRY NAD- that the demon you have roused will not 11. They are the guys and gals back LER, for his tremendous leadership in turn and rend you? home, men and women back home, who ushering this bill through committee Lincoln went on to say: protect our communities, and we and to the floor of the House of Rep- Destroy the Negro’s spirit and you have should remember that. resentatives. planted the seeds of despotism at your own Fourth, defunding the police is crazy, doorstep. one of the most crazy ideas I have ever b 1845 He said: heard. I want to thank Speaker PELOSI and Ignore the chains of bondage, and you pre- You have the mayor of New York, as the entire House Democratic Caucus pare your own limbs to wear them. I said earlier today, the mayor of New for rising to the occasion at this par- Finally, he said: York is going to cut the police a billion ticular moment in time. Accustomed to trample on the rights and dollars. You have the mayor of LA, our I want to thank my colleagues on the the freedoms of others, and you would have second largest city, going to cut the other side of the aisle for participating lost the creative genius of your own inde- police $150 million. You have a super- in the debate and sharing their ideas, pendence, and then become the fit subjects of majority on the city council of Min- though I will note that many of my Re- the first cunning tyrant who rises among neapolis that wants to abolish the po- publican colleagues spent this debate you. lice and so many other major cities talking about antifa, talking about the So while I appreciate the minority where they are talking about the same autonomous zone, and talking about leader’s comments, I think it is impor- thing. abolishing the police, which appears

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.091 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE June 25, 2020 CONGRESSIONAL RECORD — HOUSE H2487 nowhere within the four corners of this from the moment that President John tunity to practice what we preach. While we legislation. Adams uttered them. use our speech to advance American ideals They know what this bill is really all So I am thankful to the House Demo- such as freedom, liberty, and justice for all, we about. It criminalizes the chokehold, cratic Caucus for rising to the occa- must use our hands to implement these val- because it is about George Floyd, who sion. We collectively have said to the ues. H.R. 7120 puts us on the right path. was strangled to death with a knee to protesters of every race throughout Many may seek to mischaracterize this leg- his neck for 8 minutes and 46 seconds America: We hear you, we see you, and islation. Some will ignore the opportunities that while handcuffed. It is about being we are you. this bill presents to improve our communities. handcuffed while Black, about George Many of you know that the death of For example, I greatly appreciate that the au- Floyd. George Floyd was not called to my at- thors included my proposal, the Law Enforce- They know this bill, its really about tention by a fellow Member of Con- ment Inclusion Act, which permits Federal Tamir Rice, a 12-year-old who was gress, by my chief of staff, or by my grant funds to be used to recruit and train offi- gunned down while playing in a Cleve- legislative director. It was called to my cers from the neighborhoods they are charged land park. It is about Tamir Rice be- attention by my young son, who said: to protect and serve. H.R. 7120 also provides cause the bill will establish a registry Dad, it has happened again. What are law enforcement with the help and training for brutal officers so that jurisdictions you going to do about it? they need to address mental health, drug use, will have some visibility into whom Those words, of course, ran through and other complex societal issues. These pro- they are hiring. The officer who mur- my heart. But I say to him, and I say posals are partial solutions to the historic dis- dered Tamir Rice, this 12-year-old boy, to all of those other Black children connect and distrust between communities of had been fired by a neighboring depart- throughout America: We are here color and law enforcement. ment for brutal behavior, and then he today as House Democrats to do some- Others may argue that the bill does not go was hired by the Cleveland Police De- thing about it. far enough. This legislation addresses one partment with tragic consequences be- Pass the George Floyd Justice in Po- Federal part of a complicated puzzle of en- cause they had no visibility into his licing Act. trenched, systematic bias and inequality, and record. This bill is about Tamir Rice. Mr. Speaker, I yield back the balance we cannot let the perfect be the enemy of the They know this bill is about Breonna of my time. good. Going forward, we must demilitarize law Taylor, sleeping while Black, gunned Mr. SCOTT of Virginia. Mr. Speaker, I rise enforcement and establish empathy in our jus- down because of a no-knock warrant in today in support of the George Floyd Justice tice system. Make no mistake—much more is a drug case that was falsely executed in Policing Act. needed from cities, counties, State, and Fed- in Louisville. Now a husband has lost Americans have been protesting ever since eral authorities in every corner of our country. his wife. It is about Breonna Taylor. the nation witnessed the murder of George Our work is cut out for us, and our mandate, They know that. Floyd at the hands of law enforcement last from those whom we were elected to rep- This is about countless individuals in month. Today, the House of Representatives resent and serve, is clear. this great country of ours killed by po- is taking action to address problems in our Mr. Speaker, a democracy cannot thrive lice officers without justification. broken policing and criminal justice systems where power remains unchecked and justice Yes, we know that the majority of by passing The George Floyd Justice in Polic- is reserved for a select few. Ignoring these police officers—certainly the ones I ing Act. cries and failing to respond to this movement interact with at home in Brooklyn— The bill has many important provisions— is simply not an option. For peace cannot exist are hardworking individuals who are in It bans chokeholds, ends no-knock warrants where justice is not served. I urge each and the community to protect and serve. in drug cases and prohibits racial profiling. everyone of our colleagues to support this leg- But there are violent officers, there are It creates national standards for policing islation. brutal officers, and there are abusive policies, such as training, body cameras and officers; and far too often they are not use of deadly force. Mr. PAYNE. Mr. Speaker, I ask my col- held accountable because of a toxic It provides for data collection. leagues in the U.S. House of Representatives culture that exists and that cannot be It removes barriers that make it difficult to to join me as I rise to support the George denied—not month after month, not hold police officers accountable for mis- Floyd Justice in Policing Act. year after year, but decade after decade conduct. Police brutality in our communities of color after decade. Mr. Speaker, I urge my colleagues in the has been a national pandemic for decades. We know the names. Many of those Senate to pass this bill as quickly as possible, My colleagues and I can recall quite easily an names were called today from the floor and to begin the next step in the process: in- incident or incidents of police brutality that in- of the House of Representatives, but vesting in our communities. volve ourselves or our loved ones. We under- the names are too numerous to men- Mr. LEWIS. Mr. Speaker, I rise in strong stand what it feels like to be afraid of the very tion. That is why we are here, to do support of H.R. 7120, the George Floyd Jus- men and women who are supposed to protect something transformative about it. tice in Policing Act. you. We understand that we are considered I am thankful for all of those peace- For far too long, equal justice and protection dangerous based on the color of our skin. ful protesters who have gone out all under the law have been deferred dreams for Unfortunately, my colleagues on the other throughout the four corners of Amer- Black people and communities of color across side of the aisle don’t seem to understand ica, yes, led by young African-Amer- our country. As we consider this bill, people that. They have shown that our law enforce- ican women—I love that—and young throughout Metro Atlanta and throughout my ment officials, like our President, are above African-American men, but joined by home state of Georgia are gripped by pain the law. every other race, Black, White, Latino, and anguish over the deaths of Ahmaud That’s not right. I am proud to vote for a bill Asian, Native American, multiracial, Arbery, Rayshard Brooks, Breonna Taylor, that will go a long way towards healing the rift multigenerational, and multicultural, George Floyd, Trayvon Martin, Sandra Bland, between our law enforcement agencies and coming together and saying, Philando Castile, Tamir Rice, Jordan Davis, the minority neighborhoods they serve. It will ‘‘Enough.’’ who was the beloved son of our colleague end racial profiling in police conduct. It will ban We need to deal with systemic racism Congresswoman LUCY MCBATH, and countless the use of chokeholds, basically the 21st cen- in America, and we can start with the others. The pain in the depths of our souls is tury’s version of lynching. It will eliminate ‘‘no- cancer of police brutality. That is what constant and all consuming. It is the seem- knock’’ warrants in law enforcement, which the George Floyd Justice in Policing ingly endless nightmare from which we cannot means police officers must respect the rights bill is all about. It is not about antifa awake. of every homeowner and renter regardless of or some autonomous zone or defunding Today, young people are taking up the man- race. It will establish independent prosecutors the police, which they know doesn’t ap- tle in a movement that I know all too well. All in cases of excessive force. In addition, it will pear in this bill. over the world, communities are once again establish a national standard of conduct for I don’t want to question anybody’s joining the call for racial equity and equality. police officers nationwide. This national stand- good faith, but let’s have a real debate. While their feet march towards justice, their ard will make it easier to train law enforcement You are entitled to your own opinion; pain, their frustration, and petitions cannot— officials across the country to support equal you are not entitled to your own facts. must not—be ignored. The George Floyd Jus- protections under the law for all American citi- Those words ring true to this very day tice in Policing Act provides us with an oppor- zens.

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00065 Fmt 4634 Sfmt 9920 E:\CR\FM\K25JN7.093 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE H2488 CONGRESSIONAL RECORD — HOUSE June 25, 2020 People of all colors, cultures and creeds in Policing Act of 2020. This legislation has The JUSTICE Act also authorizes a $500 have taken to streets across the country to de- been a long time coming and for many it has million matching grant program to help police mand action in this cause. They want it estab- arrive too little too late. Our nation is a work departments purchase body-worn cameras lished in federal law that black lives matter in progress, and we will continue to fight for and receive the necessary training to ensure and the time of killing our men and women of equality under the law in every and all as- optimal use. It conditions eligibility for this color is over. As our citizens tear down the pects. As we recently celebrate Juneteenth, I funding on certain criteria, including usage at statutes of racists and bigots across the coun- am reminded of what my ancestors have en- all times when an officer arrests or detains try, we need to follow suit and tear down the dured, and I know that they would be proud of anyone. policies that allow racism to exist in our law the progress we are making today. I know I The evidence for bodycam use is compel- enforcement. am. ling. Studies have shown that the use of body- Mr. Speaker, I know my fellow members of This essential legislation has critical provi- worn cameras can reduce complaints against the U.S. House of Representatives agree that sion including supporting the need for more officers by up to 90 percent and decrease offi- the George Floyd Justice in Policing Act de- deescalation training for police officers, some- cers’ use of force by 60 percent. serves to be recognized at this time because thing that I have long fought for and which has The JUSTICE ACT also provides $500 mil- it represents a milestone in the American com- proven time and time again to work. The bill lion for duty-to-intervene training and directs mitment to justice and equality for every cit- will also block the transfer of weapons of war the Attorney General in consultation with state izen. All lives will matter when Black lives mat- to police departments, end the no-knock war- and local governments, and organizations rep- ter. rants that led to the murder of Breonna Taylor, resenting rank and file law enforcement offi- Ms. JOHNSON of Texas. Mr. Speaker, the ban choke holds that killed Eric Garner and cers to develop training curricula on the duty thousands of peaceful protests and dem- George Floyd, and finally end qualified immu- of a law enforcement officer to intervene when onstrations that took place in the streets nity which has shielded police officers from re- another officer engages in excessive use of across our country these past few weeks are ceiving justice for killing or injuring members force. a product of years of delay in action on the of the community. Had any one of the three officers on the issue of police brutality. Today, we take a As a member of the Congressional Black scene in Minneapolis intervened when George meaningful first step towards a solution by Caucus but more importantly as a black moth- Floyd pleaded that he couldn’t breathe, his life passing H.R. 7120, the George Floyd Justice er, grandmother, and now great grandmother, could have been saved. in Policing Act of 2020, with my full support. I am so proud to be an original sponsor of the Other reforms embedded in the legislation It is my hope that this moment in our history legislation. include maintaining and appropriately sharing will be looked upon as a time when we as a Our communities are demanding action, disciplinary records for officer hiring, use of nation came together, regardless of party or calling for strong and effective action that will force reporting to the FBI, no-knock warrant politics, in support of sweeping, transformative help not only prevent future tragedies between reporting, incentivizing chokehold bans and in- change—and I believe that this bill is the an- police and the communities they patrol, but creased penalties for false police reports. swer. Among its bold initiatives include ban- also help increase trust and build safer com- The JUSTICE Act empowers the Commu- ning chokeholds that took the life of George munities. nity Oriented Policing Services (COPS) grant This is a commonsense bill that deserves Floyd and no-knock warrants that resulted in program to hire recruiters and enroll can- bipartisan support. This is the first step to the murder of Breonna Taylor; ending court- didates in law enforcement academies to en- making our union more perfect and I urge all sure racial and demographic representation created doctrines of qualified immunity; and my colleagues to support it. improving oversight regulations to hold law en- Mr. SMITH of New Jersey. Mr. Speaker, the similar to the communities served, and funds forcement accountable for misconduct. The JUSTICE Act is designed to ensure greater an education program for law enforcement on Justice in Policing Act is both a reflection upon transparency and accountability in policing in racism produced by the Smithsonian’s Na- and remedy for the structural and institutional order to build safer communities. tional Museum of African American History. bias against Black Americans in our society. I cosponsored the JUSTICE Act because it The bill makes lynching a federal crime. It has always been my belief that there must is a serious, comprehensive and balanced re- The legislation also creates the Commission be a relationship between the police and the form initiative—an important step forward. on the Social Status of Black Men and Boys community they swear to protect—one built on I am deeply grateful to Senator TIM SCOTT which will study and issue a wide-ranging re- mutual respect, trust, and communication. and Congressman PETE STAUBER for author- port on conditions affecting Black men and That is why I was proud to see provisions in- ing this bicameral legislation. boys, including homicide rates, arrest and in- cluded in this bill that support community- The killing of George Floyd while in custody carceration rates, poverty, violence, father- based safety programs and establish public by a Minneapolis police officer demands jus- hood, mentorship, drug abuse, death rates, safety innovation grants for local commissions tice and has resulted in a fresh and necessary disparate income and wealth levels, school and task forces to reassess current ap- look at crime and policing. performance in all grade levels and health proaches. Empowering our communities to re- I watched the video of Derek Chauvin kneel- issues and will make recommendations to ad- imagine public safety in an equitable and just ing on the neck of Mr. Floyd who pleaded ‘‘I dress these issues. manner is a crucial step to bring about change can’t breathe’’ with horror and disbelief. That said, why not vote for the Democrat bill in the culture of law enforcement. Chauvin not only betrayed his solemn duty to that is before the House today as well? It is important to note that legislation alone serve and protect but he betrayed, as well, po- I have serious concerns that the language in cannot right the wrongs of the past, nor will it lice officers throughout the nation who serve H.R. 7120—the Democrat proposal—evis- assure unconditionally the very liberties guar- with great honor and valor, and make enor- cerates qualified immunity in civil lawsuits for anteed within its text. Rather, it is in the hearts mous sacrifices to protect the innocent and our women and men in law enforcement. and minds of Americans in every community enforce the law. Let’s be clear, current policy provides no im- that real, purposeful change is initiated. To Today I—like many Americans—believe that munity whatsoever—nor should it ever—from those who called my offices, wrote letters, or nonviolent dialogue and persuasion are not criminal prosecution as in the case of the offi- attended protests over the past weeks to de- only the best way, but it is the only way to cer responsible for the death of George Floyd. mand that Congress take action, know that my achieve meaningful change. But qualified immunity—a judicially created vote today lends influence to your voices. Those who commit violent acts against po- legal doctrine—shields government officials, I’d like to thank Speaker PELOSI, Whip CLY- lice and others, as well as those who destroy including law enforcement, from personal li- BURN, and all Members of House Leadership, property and steal, should be prosecuted to ability lawsuits so long as their actions do not Senators CORY BOOKER and KAMALA HARRIS, the greatest extent of the law. violate ‘‘clearly established statutory or con- as well as Chairs of the Congressional Black The JUSTICE Act that we will vote on today stitutional rights of which a reasonable person Caucus and the House Judiciary Committee includes new funding of $225 million for im- would have known.’’ Representatives BASS and NADLER for the proved police training—including best prac- According to the Congressional Research timely and thorough manner in which this bill tices for violence deescalation and alternatives Service, ‘‘The Supreme Court has observed will be passed. to the use of force—which will likely reduce in- that qualified immunity balances two important I strongly urge my colleagues to support jury or death to both police officers and crimi- interests—the need to hold public officials ac- H.R. 7120 and ask that the Senate begin de- nal suspects. The training also includes the countable when they exercise power irrespon- bate without delay. most effective approaches to suspects with sibly and the need to shield officials from har- Ms. MOORE. Mr. Speaker, I rise today in mental health conditions and developmental assment, distraction and liability when they support of H.R. 7120—George Floyd Justice disability including individuals with autism. perform their duties reasonably.’’

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00066 Fmt 4634 Sfmt 9920 E:\CR\FM\A25JN7.016 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE June 25, 2020 CONGRESSIONAL RECORD — HOUSE H2489 Section 102 of the Democrat bill ends quali- for law enforcement officers (Section 102). just force using firearms. The Federal Bu- fied immunity and states in pertinent part that Combined, these two provisions take away reau of Investigation began collecting such ‘‘It shall not be a defense or immunity in any any legal protections for officers while mak- data in their Use of Force Database in 2019, ing it easier to prosecute them for mistakes which they established in collaboration with action brought under this section against a on the job, not just criminal acts. With the state and local law enforcement. local law enforcement officer . . . ‘‘ even if change to qualified immunity, an officer can Data collection, training, and certification ‘‘. . . the defendant was acting in good faith, go to prison for an unintentional act that all cost a significant amount of money, yet or that the defendant believed, reasonably or unknowingly broke an unknown law. We be- the Justice in Policing Act does not provide otherwise, that his or her conduct was lawful lieve in holding officers accountable for their additional funding to help states and local- at the time when the conduct was com- actions, but the consequence of this would be ities comply with the many mandates of the mitted. . . .;’ making criminals out of decent cops enforc- bill. In fact, in order to ensure compliance, it ing the laws in good faith. penalizes states and law enforcement agen- If Section 102 became law, it would likely Another provision of serious concern is the cies by taking away all or part of the Byrne result in a flood of legal actions—an engraved change proposed to the current legal stand- Justice Assistance Grant (Byrne JAG) and invitation to sue law enforcement officers. ard of ‘‘objective reasonableness’’ for the use the Community Oriented Policing Services Moreover, it will deter police from using of force outlined in the 1989 U.S. Supreme (COPS) Grant funding. The consequence of force where the use of force is necessary to Court decision Graham v. Connor (Sec. 364). this on all sectors of the criminal justice save life or protect property—diminishing the The Supreme Court has repeatedly said that system will be long lasting. At a time when ability of police to provide public safety in dan- the most important factor to consider in ap- it is well known that state and local govern- plying force is the threat faced by the officer ments are facing serious budget and revenue gerous situations. or others at the scene. The use of force has holes due to the coronavirus pandemic and Finally, a June 15 letter from the NATIONAL to be reasonable given what the officer per- officers are facing furloughs and layoffs, this ASSOCIATION OF POLICE ORGANIZA- ceived to be the threat at the time, not with legislation assumes that somehow govern- TIONS—which represents one thousand pro- the 20/20 vision of hindsight. Law enforce- ments will have the funding to comply with fessional police associations and units and ment officers across the nation take an oath the requirements of the bill. To incentivize 241,000 officers throughout the United that they will run towards danger when ev- compliance with any police reform policies, States—wrote: ‘‘Our most significant concerns eryone else is running away—and they do so funding must be provided, and it is impera- tive that all sides have had their voices include amending Section 242 of Title 18 to protect our families and communities. Subjectively changing the legal standard for heard. This is where the Justice in Policing United States Code to lower the standard for holding officers accountable for their actions Act falls the shortest. mens rea (Title I Subtitle A, Section 101) and will have a chilling effect on the men and I have highlighted a few of the areas where the practical elimination of qualified immunity women in uniform. It undermines their abil- we have strong opposition and others where for law enforcement officers (Section 102). ity to respond in an immediate and decisive we agree on the intention and goal. There Combined, these two provisions take away manner, and thus creates a hesitation that are additional areas of the Justice in Polic- any legal protections for officers while making would threaten the safety of our families, ing Act not covered in this letter with which we have concerns and those whose objectives it easier to prosecute them for mistakes on the communities and officers. No cop wants to work with a bad cop—it we support. We urge you to consider our con- job, not just criminal acts. With the change to makes the job more dangerous and difficult. cerns and the perspective of the officers on qualified immunity, an officer can go to prison We support ensuring officers who have sub- the street and give us a seat at the table as for an unintentional act that unknowingly broke stantiated serious allegations of misconduct this legislation moves forward. Until that an unknown law. We believe in holding offi- that have been officially and fairly adju- consideration is granted, we oppose the Jus- cers accountable for their actions, but the con- dicated can no longer practice law enforce- tice in Policing Act. Thank you for your attention to our con- sequence of this would be making criminals ment, but we must ensure officers have due process before they are decertified. Unfortu- cerns and we hope to work collaboratively out of decent cops enforcing the laws in good with you to improve policing practices in faith.’’ nately, one of the underlying assumptions of the Justice in Policing Act is that law en- America. Please feel free to contact me if I include the entire letter in the Record: forcement officers should not get the right you would like to discuss our concerns fur- NATIONAL ASSOCIATION OF to due process, a right we give all citizens, a ther. POLICE ORGANIZATIONS, INC. right all unions work to protect for their Sincerely, Alexandria, VA, June 15, 2020. members in disciplinary actions. WILLIAM J. JOHNSON, ESQ., Hon. JERROLD NADLER, We support creating national standards for Executive Director. Chair, Committee on the Judiciary, training on de-escalation and communica- Ms. ROYBAL-ALLARD. Mr. Speaker, I rise House of Representatives, Washington, DC. tion techniques to help officers to stabilize today in strong support of H.R. 7120, the Hon. JIM JORDAN, situations and reduce the immediate threat George Floyd Justice in Policing Act. Ranking Member, Committee on the Judiciary, so that more time, options, and resources I thank my colleague from Los Angeles, the House of Representatives, Washington, DC. can be used to resolve the situation without Chairwoman of the Congressional Black Cau- DEAR CHAIRMAN NADLER AND RANKING the use of force. Such training will go much cus, KAREN BASS, for her tireless work and MEMBER JORDAN: I am writing to you today further in achieving the goals of this legisla- leadership on this bill. on behalf of the National Association of Po- tion to reduce the use of lethal force than The murders of George Floyd and Breonna lice Organizations (NAPO), representing over the lessening of legal protections for officers. Taylor were a devastating tragedy. My heart 241,000 sworn law enforcement officers from We also believe that rank-and-file officers, as across the country, to advise you of our op- practitioners, or their representatives, must breaks for their families and all the families position to the Justice in Policing Act, H.R. play a role in developing national training who have lost loved ones as a result of abuse 7120, as currently written. standards. of power at the hands of law enforcement. NAPO is a coalition of police unions and Training standards on the use of force and We expect members of law enforcement to associations from across the nation, which de-escalation would also reduce the use of protect us and help keep our communities was organized for the purpose of advancing ‘‘chokeholds’’ or carotid artery restraints, safe. When we lose people like George and the interests of America’s law enforcement which are already banned by law enforce- Breoanna in senseless and bizarre acts of vio- officers through legislative advocacy, polit- ment agencies across the country as a means lence, that trust understandably disappears. ical action and education. of less-than lethal force for their officers. Rightfully horrified and angered against dis- Unequivocally, what happened to George However, ‘‘chokeholds’’ are a vital tool for plays of police brutality, Americans across the Floyd was egregious. There is no legal jus- officers to have when use of deadly force is tification, self-defense justification, or moral justified. If the subject poses an immediate country, of all racial and ethnic backgrounds, justification for the actions of the officer. threat to the safety of the officer or others are marching in the streets to declare the fun- We, as rank-and-file officers, support im- and a ‘‘chokehold’’ is the officer’s best or damental truth that Black Lives Matter, and to proving policing practices. While we do have only option, it is vital that she is able to use demand justice for all the lives lost at the significant concerns with several provisions it. We strongly recommend against criminal- hands of police brutality. of the Justice in Policing Act, we believe izing these maneuvers outright and we op- The George Floyd Justice in Policing Act is there are areas that we can come together on pose making them a civil rights violation a bold bill that will help address racial injustice to address the need for greater transparency, (Sec. 362(c)). We advise prohibiting and police brutality, head on, for all Ameri- accountability, and training in law enforce- ‘‘chokeholds’’ unless deadly force is author- cans. ment. However, until our concerns are ad- ized. dressed, we cannot support this legislation. Data collection on the use of force is key Also important is that it will help rebuild the Our most significant concerns include to improving integrity and transparency in trust between the majority of good, decent law amending Section 242 of Title 18 United policing. It is important that the data col- enforcement officers and the communities they States Code to lower the standard for mens lected on the use of force reflects the en- have sworn to protect and to serve. rea (Title I Subtitle A, Section 101) and the tirety of the situation: use of force by offi- The George Floyd Justice in Policing Act practical elimination of qualified immunity cers and use of force against officers, and not will help to save lives.

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00067 Fmt 4634 Sfmt 9920 E:\CR\FM\A25JN7.018 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE H2490 CONGRESSIONAL RECORD — HOUSE June 25, 2020 It will ban chokeholds, like the one used to These protests are a direct reaction to the With our vote today to pass the George murder George Floyd as he cried out for his horrific killing of George Floyd but are most Floyd Justice in Policing Act of 2020, the gov- mother. motivated by a deep-seated anger and frustra- ernment of the United States is declaring firm- It bans no-knock warrants, like the one used tion to the separate and unequal justice Afri- ly, forcefully, and unequivocally that Black by Louisville police officers which resulted in can Americans receive at the hands of too Lives Matter. the shooting death of Breonna Taylor while many law enforcement officers. It is true all lives matter, they always have. she was sleeping in her home. The civil disobedience being witnessed But that Black lives matter too, and in so This bill will bring transparency to law en- nightly in the streets of America are also in many other areas of civic life, this nation has forcement practices by mandating the use of memory of countless acts of the inequality and not always lived up to its promise but that the body cameras and holding officers who abuse cruelty visited upon young African American promise is worthy of fulfilling. their power accountable. men and women no longer with us in body but Every African American parent, and every Furthermore, this bill ends qualified immu- forever with us in memory. African America child, knows all too well ’The nity, a legal protection that makes it nearly im- Beloved souls like Breanna Taylor in Louis- Talk’ and the importance of abiding by the possible for victims of police brutality to hold ville, Kentucky; Stephan Clark in Sacramento, rules for surviving interactions with the police. their abusers liable. California; Eric Garner and Sean Bell in New While many police officers take this respon- This bill also reduces the ability of corrupt York City; Sandra Bland in Waller County, sibility seriously and strive to treat all persons police officers to work in new jurisdictions by Texas; Jordan Baker in Houston, Texas; 12- equally and with respect, their efforts are too creating a national database on police mis- year old Tamir Rice in Cleveland; and Michael often undermined by some of their colleagues conduct. Brown in Ferguson, Missouri, also, Pamela who abuse the enormous trust and confidence In response to the militarization of our police Turner, Sandra Bland, and Danny Ray Thom- placed in them. force, this bill will also stop the transfer of mili- as. And systemically racist systems and prac- tary weapons to law enforcement agencies in They remember as well the senseless tices left in place can corrupt even the most our communities. Weapons of war have no killings of Ahmaud Arbery and Trayvon Martin virtuous police officers. place on our streets. by self-appointed vigilantes, Robbie Tolan, So, the most important criminal justice re- And finally, H.R. 7120 closes the law en- shot by police at his own home and he lived forms needed to improve the criminal justice forcement consent loophole, making it a crime but was seriously injured. system are those that will increase public con- for law enforcement to engage in any sexual And the continuing need for their activism is fidence and build trust and mutual respect be- activity with individuals in their custody. reflected in the most recent outrage, which tween law enforcement and the communities This bill is not the end-all solution. It will not began on June 12, 2020 and ended in the they swear an oath and are willing to risk their end the root causes of systemic racism and senseless slaughter of Rayshard Brooks, who lives to protect and serve. police brutality. Nor will it address the systems was simply sleeping in his car at a local That is the overriding purpose and aim of of oppression that have affected communities Wendy’s restaurant, by a uniformed officer of the George Floyd Justice in Policing Act of of color for centuries. the Atlanta Police Department. 2020, which contains numerous provisions to Creating an equal, just, and inclusive Amer- Indeed, the history goes back much further, weed out and eliminate systemic racism in po- ica is critical work we all still have ahead of past Amidou Diallo in New York City, past the lice practices. us. Central Park Five, past Emmitt Till, past the Specifically, this legislation holds police ac- The George Floyd Justice in Policing Act is Racist abuse of law enforcement power during countable in our courts by: a positive step in the right direction. And it is the struggle for civil rights and equal treat- 1. Amending the mens rea requirement in firm declaration by Congress that Black lives ment. federal law (18 U.S.C. Section 242) to pros- matter. Mr. Speaker, the times we are in demand ecute police misconduct from ‘‘willfulness’’ to a I look forward to working with Representa- that action be taken and that is precisely what ‘‘recklessness’’ standard; tive BASS and my colleagues to continue to my colleagues in the Congressional Black 2. Reforming qualified immunity so that indi- combat racial injustice throughout our nation. Caucus, on this committee, and Congressional viduals are not barred from recovering dam- I urge my colleagues to support this vital Democrats did in introducing H.R. 7120, the ages when police violate their constitutional bill. George Floyd Justice in Policing Act of 2020. rights; Ms. JACKSON LEE. Mr. Speaker, as a sen- And we are taking the next bold action 3. Incentivizing state attorneys general to ior member of the Committee on the Judiciary, today in voting to pass this legislation and conduct pattern and practice investigations as an original cosponsor of the legislation, and send it to the Senate and on to the White and improving the use of pattern and practice the author of several of its key legislative pro- House for presidential signature and enact- investigations at the federal level by granting visions, I rise in strong and enthusiastic sup- ment. the Department of Justice Civil Rights Division port of H.R. 7120, the George Floyd Justice In I support this bold legislation not just as a subpoena power; Policing Act of 2020, which marks a defining senior member of the House Judiciary Com- 4. Incentivizing states to create independent turning point in our country. mittee who also served on the House Working investigative structures for police involved By the millions, Americans have taken to Group on Police Strategies, but also a mother deaths; and the streets in protest to affirm that no longer of a young African American male who knows 5. Creating best practices recommendations will the people of this country tolerate or ac- the anxiety that African American mothers feel based on the Obama 21st Century Policing quiesce in horrible policing practices that in- until they can hug their sons and daughters Task force. clude excessive and unnecessary uses of le- who return home safely, and on behalf of all I am particularly pleased that the George thal force that has diminished community trust those relatives and friends who grieve over Floyd Justice In Policing Act includes the End of policing practices across the country and the loss a loved one whose life and future was Racial Profiling Now Act, which I introduced to has angered and terrified communities of color wrongly and cruelly interrupted or ended by ban the pernicious practice of racial profiling. who are overwhelmingly and disproportion- mistreatment at the hands of the police. In addition, I am proud that this legislation ately its innocent victims. The George Floyd Justice in Policing Act of includes as Title I, Subtitle B, the bipartisan Mr. Speaker, the horrifying killing of George 2020 is designed to destroy the pillars of sys- and bicameral George Floyd Law Enforcement Floyd on May 25, 2020 by a Minneapolis po- temic racism in policing practices that has vic- Trust and Integrity Act, which I introduced as lice office shocked and awakened the moral timized communities of color, and especially H.R. 7100. consciousness of the nation. African Americans for decades, is overdue, This legislation provides incentives for local Untold millions have seen the terrifying last too long overdue. police organizations to voluntarily adopt per- 8:46 of life drained from a black man, George This legislation puts the Congress of the formance-based standards to ensure that inci- Floyd, taking his last breaths face down in the United States, on record against racial dents of deadly force or misconduct will be street with his neck under the knee of a police profiling in policing and against the excessive, minimized through appropriate management officer who, along with his three cohorts, was unjustified, and discriminatory use of lethal and training protocols and properly inves- indifferent to his cries for help and pleas that and force by law enforcement officers against tigated, should they occur. he ‘can’t breathe.’ persons of color. The legislation directs the Department of It direct response, for the past several The legislation means no longer will employ- Justice to work cooperatively with independent weeks civil protests against police brutality ment of practices that encourage systemic accreditation, law enforcement and commu- have occurred nightly in cities large and small mistreatment of persons because of their race nity-based organizations to further develop all across the nation. be ignored or tolerated. and refine the accreditation standards and

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00068 Fmt 4634 Sfmt 9920 E:\CR\FM\A25JN7.019 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE June 25, 2020 CONGRESSIONAL RECORD — HOUSE H2491 grants conditional authority to the Department MOTION TO RECOMMIT rious bodily injury as part of an ambush or of Justice to make grants to law enforcement Mr. STAUBER. Mr. Speaker, I have a calculated attack. agencies for the purpose of obtaining accredi- motion to recommit at the desk. ‘‘(3) INFORMATION REQUIRED.—For each use- tation from certified law enforcement accredi- The SPEAKER pro tempore. Is the of-force event required to be reported under gentleman opposed to the bill? paragraph (2), the following information tation organizations. shall be provided, as required by the Federal As I have stated many times, direct action Mr. STAUBER. I am in its current Bureau of Investigation: is vitally important but to be effective it must form. ‘‘(A) Incident information. be accompanied by political, legislative, and The SPEAKER pro tempore. The ‘‘(B) Subject information. governmental action, which is necessary be- Clerk will report the motion to recom- ‘‘(C) Officer information. cause the strength and foundation of demo- mit. ‘‘(4) COMPLIANCE.— cratic government rests upon the consent and The Clerk read as follows: ‘‘(A) INELIGIBILITY FOR FUNDS.— confidence of the governed. Mr. Stauber moves to recommit the bill, ‘‘(i) FIRST FISCAL YEAR.— Effective enforcement of the law and admin- H.R. 7120, to the Committee on Judiciary ‘‘(I) STATES.—For the first fiscal year be- istration of justice requires the confidence of with instructions to report the same back to ginning after the date of enactment of the George Floyd and Walter Scott Notification the community that the law will be enforced the House forthwith, with the following amendment: Act in which a State fails to comply with impartially and that all persons are treated Strike section 2 and all that follows, and paragraph (2) with respect to a State law en- equally without regard to race or ethnicity or insert the following (and conform the table forcement agency, the State shall be subject religion or national origin. of contents accordingly): to a 20-percent reduction of the funds that As the great jurist Judge Learned Hand TITLE I—LAW ENFORCEMENT REFORMS would otherwise be allocated for retention by the State under section 505(c) for that fis- said: ‘‘If we are to keep our democracy, there SEC. 101. GEORGE FLOYD AND WALTER SCOTT must be one commandment: thou shalt not ra- NOTIFICATION ACT. cal year, and if any unit of local government tion justice.’’ (a) SHORT TITLE.—This section may be within the State fails to comply with para- Equal justice is the proud promise America cited as the ‘‘George Floyd and Walter Scott graph (2), the State shall be subject to a re- makes to all persons; the George Floyd Jus- Notification Act’’. duction of the funds allocated for retention tice in Policing Act will help make that promise (b) NATIONAL USE-OF-FORCE DATA COLLEC- by the State under section 505(c) that is TION.—Section 501 of title I of the Omnibus equal to the percentage of the population of a lived reality for African Americans, who have the State represented by the unit of local not ever known it to be true in the area of Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152) is amended by adding at the government, not to exceed 20 percent. community-police relations. end the following: ‘‘(II) LOCAL GOVERNMENTS.—For the first And when Black Lives Matter, then and only ‘‘(h) NATIONAL USE-OF-FORCE DATA COLLEC- fiscal year beginning after the date of enact- then can it truthfully be said that all lives mat- TION.— ment of the George Floyd and Walter Scott ter. ‘‘(1) DEFINITIONS.—In this section— Notification Act in which a unit of local gov- Finally, let me say a few words in memory ‘‘(A) the term ‘law enforcement officer’— ernment fails to comply with paragraph (2), of the man whose sacrifice of his inalienable ‘‘(i) means any officer, agent, or employee the unit of local government shall be subject right to life has galvanized the world and of a State, unit of local government, or an to a 20-percent reduction of the funds that awakened the sleeping giant of moral de- Indian tribe authorized by law or by a gov- would otherwise be allocated to the unit of local government for that fiscal year under cency. ernment agency to engage in or supervise the prevention detection, or investigation of this subpart. Mr. Speaker, in Acts 2:23 of the Scriptures ‘‘(ii) SUBSEQUENT FISCAL YEARS.— it is written that ‘‘This man was handed over any violation of criminal law, or authorized by law to supervise sentenced criminal of- ‘‘(I) STATES.—Beginning in the first fiscal to you by God’s deliberate plan and foreknowl- fenders; and year beginning after the first fiscal year de- edge; and you with the help of wicked men, ‘‘(ii) includes an individual described in scribed in clause (i)(I) in which a State fails put him to death by nailing him to the cross.’’ clause (i) who is employed or volunteers in a to comply with paragraph (2) with respect to Duty calls us to improve the quality of polic- full-time, part-time, or auxiliary capacity; a State law enforcement agency, the per- ing in America. ‘‘(B) the term ‘National Use-of-Force Data centage by which the funds described in We cannot agitate for change one day and Collection’ means the National Use-of-Force clause (i)(I) are reduced shall be increased by then allow things to remain the same, to allow Data Collection of the Federal Bureau of In- 5 percent each fiscal year the State fails to wicked men to keep committing this crime vestigation; and comply with paragraph (2), except that such ‘‘(C) the term ‘serious bodily injury’ means reduction shall not exceed 25 percent in any against humanity. fiscal year. This behavior did not begin with George bodily injury that involves a substantial risk ‘‘(II) LOCAL GOVERNMENTS.—Beginning in Floyd; there is a 400-years of history here, of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, the first fiscal year beginning after the first from slave patrols, to Jim Crow to Bull Connor or protracted loss or impairment of the func- fiscal year described in clause (i)(II) in which to the modern day lynching of George Floyd tion of a bodily member, organ, or mental a unit of local government fails to comply by Minneapolis police officer Derek Chauvin. faculty. with paragraph (2), the percentage by which But the good news is that right is on our ‘‘(2) REPORTING REQUIREMENT.—For each the funds described in clause (i)(II) are re- side; God has stepped in. fiscal year in which a State or unit of local duced shall be increased by 5 percent each In John 1:46 it is said, ‘‘can anything good government receives funds under subsection fiscal year the unit of local government fails come out of Nazareth?’’ (a), the State or unit of local government to comply with paragraph (2), except that When he growing up I am sure there were shall report to the National Use-of-Force such reduction shall not exceed 25 percent in people who saw George Floyd and asked can Data Collection on an annual basis and pur- any fiscal year. suant to guidelines established by the Fed- ‘‘(B) REALLOCATION.—Amounts not allo- anything good come out of the Third Ward of cated under a program referred to in sub- Houston? eral Bureau of Investigation, information re- garding— paragraph (A) to a State or unit of local gov- We now know the answer is clearly yes. ernment for failure to comply with para- George Floyd was here in service to God’s ‘‘(A) a use-of-force event by a law enforce- ment officer in the State or unit of local gov- graph (2) shall be reallocated under the pro- divine plan. ernment that involves— gram to States or units of local government And as his daughter Gianna said, her ‘‘(i) the fatality of an individual that is that have complied with paragraph (2). Daddy changed the world. connected to use of force by a law enforce- ‘‘(5) PUBLIC AVAILABILITY OF DATA.—Not Thank you, George Floyd for what you have ment officer; later than 1 year after the date of enactment done for us, for helping us find our voice and ‘‘(ii) the serious bodily injury of an indi- of this Act, and each year thereafter, the Di- our resolve. vidual that is connected to use of force by a rector of the Federal Bureau of Investigation We will not let you down; we will finish the law enforcement officer; and shall publish, and make available to the pub- job. ‘‘(iii) in the absence of either death or seri- lic, the National Use-of-Force Data Collec- The SPEAKER pro tempore. All time ous bodily injury, when a firearm is dis- tion. ‘‘(6) FBI OUTREACH AND TECHNICAL ASSIST- for debate has expired. charged by a law enforcement officer at or in the direction of an individual; ANCE.—The Director of the Federal Bureau of Pursuant to House Resolution 1017, Investigation shall provide to a State or unit the previous question is ordered on the ‘‘(B) any event in which a firearm is dis- charged by a civilian at or in the direction of of local government technical assistance and bill, as amended. a law enforcement officer; and training for the collection and submission of The question is on the engrossment ‘‘(C) the death or serious bodily injury of a data in accordance with this subsection.’’. and third reading of the bill. law enforcement officer that results from SEC. 102. BREONNA TAYLOR NOTIFICATION ACT. The bill was ordered to be engrossed any discharge of a firearm by a civilian, or (a) SHORT TITLE.—This section may be and read a third time, and was read the any other means, including whether the law cited as the ‘‘Breonna Taylor Notification third time. enforcement officer was killed or suffered se- Act of 2020’’.

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(b) NO-KNOCK WARRANT REPORTS.—Section report is due under clause (i) of this subpara- forcement agency during the preceding cal- 501 of title I of the Omnibus Crime Control graph; and endar year— and Safe Streets Act of 1968 (34 U.S.C. 10152), ‘‘(II) shall include any information with- ‘‘(I) the reason for which the warrant was as amended by section 101 of this Act, is held under subclause (I) in the earliest subse- issued, including each violation of law listed amended by adding at the end the following: quent report submitted under clause (i) after on the warrant; ‘‘(i) NO-KNOCK WARRANT REPORTS.— the investigation has been closed. ‘‘(II) whether, in the course of carrying out ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(B) PENALTY.— the warrant— ‘‘(A) FEDERAL LAW ENFORCEMENT AGENCY.— ‘‘(i) IN GENERAL.— ‘‘(aa) force resulting in property damage, The term ‘Federal law enforcement agency’ ‘‘(I) FIRST FISCAL YEAR.— serious bodily injury, or death was used; or means any agency of the United States au- ‘‘(aa) STATES.— ‘‘(bb) any law enforcement officer, suspect, thorized to engage in or supervise the pre- ‘‘(AA) FAILURE TO COMPLY BY STATE.—For or bystander was injured or killed; vention, detection, investigation, or prosecu- the first fiscal year that follows a fiscal year ‘‘(III) the sex, race, ethnicity, and age of tion of any violation of Federal criminal in which a State failed to comply with sub- each person found at the location for which law. paragraph (A) with respect to a State law en- the no-knock warrant was issued; ‘‘(B) NO-KNOCK WARRANT.—The term ‘no- forcement agency, the State shall be subject ‘‘(IV) whether the location searched knock warrant’ means a warrant that au- to a 20-percent reduction of the funds that matched the location described in the war- thorizes a law enforcement officer to enter a would otherwise be allocated for retention rant; certain premises to execute a warrant with- ‘‘(V) whether the warrant included the par- out first knocking or otherwise announcing by the State under section 505(c) for that fis- cal year. ticularized information required under the the presence of the law enforcement officer if Fourth Amendment to the Constitution of a court of competent jurisdiction finds rea- ‘‘(BB) FAILURE TO COMPLY BY LOCAL GOV- ERNMENT.—For the first fiscal year that fol- the United States, as interpreted by the Su- sonable suspicion that knocking and an- preme Court of the United States, and any nouncing the presence of law enforcement lows a fiscal year in which a unit of local government within a State failed to comply other applicable Federal, State, or local law would— related to the use of no-knock warrants; and ‘‘(i) pose a danger to the officer, a suspect, with subparagraph (A), the State shall be ‘‘(ii) for each local law enforcement agency or a third party on the premises; subject to a reduction of the funds that for which information is submitted under ‘‘(ii) inhibit the investigation; or would otherwise be allocated for retention clause (i) for a calendar year, the crime rate ‘‘(iii) allow the destruction of evidence. by the State under section 505(c) for that fis- data for the applicable unit of local govern- ‘‘(C) STATE LAW ENFORCEMENT AGENCY; cal year by a percentage that is equal to the ment for that calendar year. LOCAL LAW ENFORCEMENT AGENCY.—The terms percentage of the population of the State ‘‘(B) OPEN INVESTIGATIONS.—The Attorney ‘State law enforcement agency’ and ‘local that lives in the unit of local government, General— law enforcement agency’ mean an agency of which may not exceed 20 percent. ‘‘(i) may not publish any information de- a State or unit of local government, respec- ‘‘(bb) UNITS OF LOCAL GOVERNMENT.—For scribed in subparagraph (A) for a no-knock tively, that is authorized to engage in or su- the first fiscal year that follows a fiscal year pervise the prevention, detection, investiga- in which a unit of local government failed to warrant relating to an investigation that has tion, or prosecution of any violation of comply with subparagraph (A), the unit of not been closed as of the date on which the criminal law. local government shall be subject to a 20-per- applicable report is due under that para- graph; and ‘‘(2) REPORT TO ATTORNEY GENERAL.— cent reduction of the funds that would other- ‘‘(ii) shall include any information with- ‘‘(A) REQUIREMENT.— wise be allocated to the unit of local govern- held under clause (i) in the earliest subse- ‘‘(i) IN GENERAL.—Subject to clause (iii), ment under this subpart for that fiscal year. not later than January 31 of the first cal- ‘‘(II) SUBSEQUENT FISCAL YEARS.— quent report published under subparagraph endar year beginning after the date of enact- ‘‘(aa) STATES.—Beginning in the first fiscal (A) after the investigation has been closed.’’. ment of the Breonna Taylor Notification Act year beginning after the first fiscal year de- SEC. 103. GUIDANCE. of 2020, and annually thereafter— scribed in subclause (I)(aa)(AA) in which a (a) IN GENERAL.—Not later than 180 days ‘‘(I) a State that receives funds under sub- State fails to comply with subparagraph (A) after the date of enactment of this Act, the section (a) shall submit to the Attorney Gen- with respect to a State law enforcement Attorney General, in coordination with the eral a report that includes, for each no- agency, the percentage by which the funds Director of the Federal Bureau of Investiga- knock warrant carried out by a State law en- described in subclause (I)(aa)(AA) are re- tion and State and local law enforcement forcement agency of the State during the duced shall be increased by 5 percent each agencies, shall issue guidance on best prac- preceding calendar year, the information de- fiscal year the State fails to comply with tices relating to establishing standard data scribed in subclauses (I) through (V) of para- subparagraph (A) with respect to a State law collection systems that capture the informa- graph (3)(A)(i); and enforcement agency, except that such reduc- tion required to be reported under sub- ‘‘(II) a unit of local government that re- tion shall not exceed 25 percent in any fiscal sections (h) and (i) of section 501 of title I of ceives funds under subsection (a) shall sub- year. the Omnibus Crime Control and Safe Streets mit to the Attorney General a report that in- ‘‘(bb) LOCAL GOVERNMENTS.—Beginning in Act of 1968 (34 U.S.C. 10152), as added by sec- cludes— the first fiscal year beginning after the first tions 101 and 102 of this Act, respectively, ‘‘(aa) for each no-knock warrant carried fiscal year described in subclause (I)(bb) in and that ensure the reporting under such out by a local law enforcement agency of the which a unit of local government fails to subsections (h) and (i) is consistent with unit of local government during the pre- comply with subparagraph (A), the percent- data reported under the Death in Custody ceding calendar year, the information de- age by which the funds described in sub- Reporting Act of 2013 (34 U.S.C. 60105 et seq.), scribed in subclauses (I) through (V) of para- clause (I)(bb) are reduced shall be increased section 20104(a)(2) of the Violent Crime Con- graph (3)(A)(i); and by 5 percent each fiscal year the unit of local trol and Law Enforcement Act of 1994 (34 ‘‘(bb) the crime rate data for the unit of government fails to comply with subpara- U.S.C. 12104(a)(2)), which shall include stand- local government for the preceding calendar graph (A), except that such reduction shall ard and consistent definitions for terms, in- year. not exceed 25 percent in any fiscal year. cluding the term ‘‘use of force’’. ‘‘(ii) STATE OVERSIGHT OF LOCAL GOVERN- ‘‘(ii) REALLOCATION.—Amounts not allo- (b) PRIVACY PROTECTIONS.—Nothing in sec- MENTS.—A State that receives funds under cated by reason of clause (i) to a State or tion 101 or 102 shall be construed to super- subsection (a) shall ensure that each unit of unit of local government for failure to com- sede the requirements or limitations under local government within the State submits ply with subparagraph (A) shall be reallo- section 552a of title 5, United States Code to the Attorney General a report that in- cated to States or units of local government, (commonly known as the ‘‘Privacy Act of cludes, in accordance with clause (i)(II) of respectively, that have complied with sub- 1974’’). this subparagraph— paragraph (A). ‘‘(I) for each no-knock warrant carried out ‘‘(iii) EFFECTIVE DATE.—Clause (i) shall SEC. 104. COMPLIANCE ASSISTANCE GRANTS. by a local law enforcement agency of the take effect with respect to the third annual (a) IN GENERAL.—The Attorney General unit of local government during the pre- report due under subparagraph (A) after the may award grants to States and units of ceding calendar year, the information de- date of enactment of the Breonna Taylor No- local government to assist in the collection scribed in subclauses (I) through (V) of para- tification Act of 2020. of the information required to be reported graph (3)(A)(i); and ‘‘(3) ATTORNEY GENERAL REPORT.— under subsections (h) and (i) of section 501 of ‘‘(II) the crime rate data for the unit of ‘‘(A) IN GENERAL.—Subject to subparagraph title I of the Omnibus Crime Control and local government for the preceding calendar (B), not later than March 31 of the first cal- Safe Streets Act of 1968 (34 U.S.C. 10152), as year. endar year beginning after the date of enact- added by sections 101 and 102 of this Act, re- ‘‘(iii) OPEN INVESTIGATIONS.—A State or ment of the Breonna Taylor Notification Act spectively. unit of local government— of 2020, and annually thereafter, the Attor- (b) APPLICATION.—A State or unit of local ‘‘(I) may not submit the information de- ney General shall publish a report that in- government seeking a grant under this sec- scribed in subclauses (I) through (V) of para- cludes— tion shall submit an application at such graph (3)(A)(i) for a no-knock warrant relat- ‘‘(i) for each no-knock warrant carried out time, in such manner, and containing such ing to an investigation that has not been by a Federal law enforcement agency, State information as the Attorney General may re- closed as of the date on which the applicable law enforcement agency, or local law en- quire.

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(c) AMOUNT OF GRANT.—Each grant award- chokeholds except when deadly force is au- material fact, in furtherance of the depriva- ed under this section shall be not more than thorized.’’. tion of any rights, privileges, or immunities $1,000,000. (c) FEDERAL LAW ENFORCEMENT AGEN- secured or protected by the Constitution or (d) DIRECT APPROPRIATIONS.—For the pur- CIES.— laws of the United States where death or se- pose of making grants under this section, (1) DEFINITION.—In this subsection, the rious bodily injury occurs. there is authorized to be appropriated, and term ‘‘chokehold’’ means a physical maneu- TITLE II—BODY-WORN CAMERAS there is appropriated, out of any money in ver that restricts an individual’s ability to SEC. 201. BODY-WORN CAMERA PARTNERSHIP the Treasury not otherwise appropriated for breathe for the purposes of incapacitation. GRANT PROGRAM. the fiscal year ending September 30, 2020, (2) FEDERAL POLICY.—The Attorney Gen- Subpart 1 of part E of title I of the Omni- $112,000,000, to remain available until ex- eral shall develop a policy for Federal law bus Crime Control and Safe Streets Act of pended. enforcement agencies that bans the use of 1968 (34 U.S.C. 10151 et seq.) is amended by SEC. 105. INCENTIVIZING BANNING OF chokeholds except when deadly force is au- adding at the end the following: thorized. CHOKEHOLDS. ‘‘SEC. 509. BODY-WORN CAMERA PARTNERSHIP (a) SENSE OF CONGRESS.—It is the sense of (3) REQUIREMENT.—The head of each Fed- GRANT PROGRAM. eral law enforcement agency shall imple- Congress that— ‘‘(a) DEFINITIONS.—In this section— (1) chokeholds are extremely dangerous ment the policy developed under paragraph ‘‘(1) the term ‘covered government’ means maneuvers that can easily result in serious (2). a State, unit of local government, or Indian bodily injury or death; SEC. 106. FALSIFYING POLICE INCIDENT RE- Tribe; (2) George Floyd’s death has become a PORTS. ‘‘(2) the term ‘Director’ means the Director flashpoint to compel the need to address the (a) SENSE OF CONGRESS.—It is the sense of of the Bureau of Justice Assistance; and use of chokeholds by law enforcement offi- Congress that— ‘‘(3) the term ‘unit of local government’, cers across the United States; (1) when a law enforcement officer com- notwithstanding section 901, does not include (3) the National Consensus Policy on Use of mits an offense that deprives a citizen of an Indian Tribe. Force, a collaborative effort among 11 of the their rights, privileges, and immunities pro- ‘‘(b) AUTHORIZATION OF GRANTS.—The Di- most significant law enforcement leadership tected under the Constitution and laws of rector may make grants to eligible covered and labor organizations in the United States, the United States, that behavior is penalized governments for use by the covered govern- concluded in a discussion paper on the use of to punish those involved and to deter future ment for— force that chokeholds are extremely dan- conduct; ‘‘(1) the purchase of body-worn cameras; gerous and recommended restricting their (2) where serious bodily injury or death re- ‘‘(2) necessary initial supportive techno- use, consistent with this section; and sults from the acts described in paragraph logical infrastructure for body-worn cameras (4) law enforcement agencies throughout (1), punishment must be severe; for law enforcement officers in the jurisdic- the United States must create policies that (3) a law enforcement officer who inten- tion of the grantee; guard against the use of this maneuver to tionally submits a false police report in con- ‘‘(3) the development of policies and proce- help prevent the death of civilians whom nection with an act described in paragraph dures relating to the use of body-worn cam- they encounter, and engender more trust and (1) should also be punished severely; eras; faith among law enforcement officers and (4) false reporting described in paragraph ‘‘(4) training on the use of body-worn cam- the communities they serve. (3) not only serves to conceal potential eras; (b) INCENTIVIZING BANNING OF criminal conduct and obstruct the adminis- ‘‘(5) the storage, retention, viewing, audit- CHOKEHOLDS.— tration of justice, false reporting also under- ing, and release of footage from body-worn (1) COPS GRANT PROGRAM ELIGIBILITY.— mines the trust and confidence that commu- cameras; and Section 1701 of title I of the Omnibus Crime nities place in law enforcement agencies; ‘‘(6) personnel, including law enforcement, Control and Safe Streets Act of 1968 (34 (5) obstruction of justice is intolerable in prosecution, and criminal defense personnel, U.S.C. 10381), as amended by section 601 of any form, particularly in the form described to support the administration of the body- this Act, is amended by adding at the end in this subsection; worn camera program of the covered govern- the following: (6) the deterioration of trust and con- ment. ‘‘(o) BANNING OF CHOKEHOLDS.— fidence between law enforcement agencies ‘‘(c) ELIGIBILITY.— ‘‘(1) CHOKEHOLD DEFINED.—In this sub- and communities must be abated; and ‘‘(1) APPLICATION.—For a covered govern- section, the term ‘chokehold’ means a phys- (7) severe penalties must be imposed for in- ment to be eligible to receive a grant under ical maneuver that restricts an individual’s dividuals who create false police reports in this section, the chief executive officer of ability to breathe for the purposes of inca- connection with criminal civil rights viola- the covered government shall submit to the pacitation. tions resulting in serious bodily injury or Director an application in such form and ‘‘(2) LIMITATION ON ELIGIBILITY FOR death. containing such information as the Director FUNDS.—Beginning in the first fiscal year be- (b) OFFENSE.—Chapter 47 of title 18, United may require. ginning after the date of enactment of the States Code, is amended by adding at the end ‘‘(2) POLICIES AND PROCEDURES ASSUR- JUSTICE Act, a State or unit of local gov- the following: ANCES.—The application under paragraph (1) ernment may not receive funds under this ‘‘SEC. 1041. FALSE REPORTING. shall, as required by the Director, provide as- section for a fiscal year if, on the day before ‘‘(a) OFFENSE.—It shall be unlawful for any surances that the covered government will the first day of the fiscal year, the State or person to knowingly and willfully falsify a establish policies and procedures in accord- unit of local government does not have an police report in a material way with the in- ance with subsection (d). agency-wide policy in place for each law en- tent to falsify, conceal, or cover up a mate- ‘‘(d) REQUIRED POLICIES AND PROCEDURES.— forcement agency of the State or unit of rial fact, in furtherance of the deprivation of ‘‘(1) IN GENERAL.—A covered government local government that prohibits the use of any rights, privileges, or immunities secured receiving a grant under this section shall de- chokeholds except when deadly force is au- or protected by the Constitution or laws of velop policies and procedures related to the thorized.’’. the United States where death or serious use of body-worn cameras that— (2) BYRNE GRANT PROGRAM ELIGIBILITY.— bodily injury (as defined in section 1365) oc- ‘‘(A) are developed with community input, Section 501 of title I of the Omnibus Crime curs. including from prosecutors and organiza- Control and Safe Streets Act of 1968 (34 ‘‘(b) PENALTY.—Any person who violates tions representing crime victims, in accord- U.S.C. 10152), as amended by section 102 of subsection (a) shall be fined under this title, ance with recognized best practices; this Act, is amended by adding at the end imprisoned for not more than 20 years, or ‘‘(B) require that a body-worn camera be the following: both.’’. activated when a law enforcement officer ar- ‘‘(j) BANNING OF CHOKEHOLDS.— (c) TECHNICAL AND CONFORMING AMEND- rests or detains any person in the course of ‘‘(1) CHOKEHOLD DEFINED.—In this sub- MENT.—The table of sections for chapter 47 of the official duties of the officer, with consid- section, the term ‘chokehold’ means a phys- title 18, United States Code, is amended by eration to sensitive cases; ical maneuver that restricts an individual’s inserting after the item relating to section ‘‘(C) apply discipline to any law enforce- ability to breathe for the purposes of inca- 1040 the following: ment officer who intentionally fails to en- pacitation. ‘‘1041. False reporting.’’. sure that a body-worn camera is engaged, ‘‘(2) LIMITATION ON ELIGIBILITY FOR (d) SENTENCING ENHANCEMENT FOR FAL- functional, and properly secured at all times FUNDS.—Beginning in the first fiscal year be- SIFICATION OF POLICE REPORTS.—Pursuant to during which the camera is required to be ginning after the date of enactment of the its authority under section 994 of title 28, worn; JUSTICE Act, a State or unit of local gov- United States Code, the United States Sen- ‘‘(D) require training for— ernment may not receive funds under this tencing Commission shall review and amend ‘‘(i) the proper use of body-worn cameras; part for a fiscal year if, on the day before the the Federal sentencing guidelines to ensure and first day of the fiscal year, the State or unit that the guidelines provide an additional ‘‘(ii) the handling and use of the obtained of local government does not have an agen- penalty increase of not fewer than 4 offense video and audio recordings; cy-wide policy in place for each law enforce- levels if the defendant knowingly and will- ‘‘(E) provide clear standards for privacy, ment agency of the State or unit of local fully falsifies a report in a material way with data retention, and use for evidentiary pur- government that prohibits the use of the intent to falsify, conceal, or cover up a poses in a criminal proceeding, including in

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.014 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE H2494 CONGRESSIONAL RECORD — HOUSE June 25, 2020 the case of an assault on a law enforcement ‘‘(2) a summary of the information pro- comply with subsection (b), the percentage officer; and vided by covered governments receiving by which the funds described in subpara- ‘‘(F) make footage available to the public grants under this section; and graph (A)(ii) are reduced shall be increased in response to a valid request under an appli- ‘‘(3) a description of the priorities and plan by 5 percent each fiscal year the entity fails cable freedom of information law if the foot- for awarding grants among eligible covered to comply with subsection (b), except that age can be made available— governments, and how the plan will ensure such reduction shall not exceed 25 percent in ‘‘(i) without compromising an ongoing in- the effective use of body-worn cameras to any fiscal year. vestigation or revealing the identity of third protect public safety. (2) REALLOCATION.—Amounts not allocated parties, including victims, informants, or ‘‘(j) DIRECT APPROPRIATIONS.—For the pur- under covered provision to a State or other witnesses; and pose of making grants under this section entity for failure to comply with subsection ‘‘(ii) with consideration given to the rights there is authorized to be appropriated, and (b) shall be reallocated under the covered of victims and surviving family members. there is appropriated, out of amounts in the provision to States or other entities that ‘‘(2) PUBLICATION.—A covered government Treasury not otherwise appropriated, for the have complied with subsection (b). fiscal year ending September 30, 2020, receiving a grant under this section shall TITLE III—LAW ENFORCEMENT RECORDS $500,000,000, to remain available until ex- make all policies and procedures regarding RETENTION body-worn cameras available on a public pended.’’. website. SEC. 202. PENALTIES FOR FAILURE TO USE BODY- SEC. 301. LAW ENFORCEMENT RECORDS RETEN- TION. ‘‘(3) GUIDANCE.—The Director shall issue WORN CAMERAS. (a) IN GENERAL.— Part E of title I of the guidance to covered governments related to (a) DEFINITION.—In this section, the term ‘‘covered provision’’ means— Omnibus Crime Control and Safe Streets the requirements under paragraph (1). Acts of 1968 (34 U.S.C. 10151 et seq.) is amend- ‘‘(e) GRANT AMOUNTS.— (1) section 509 of title I of the Omnibus ed by adding at the end the following: ‘‘(1) MINIMUM AMOUNT.— Crime Control and Safe Streets Act of 1968, ‘‘(A) IN GENERAL.—Each fiscal year, unless as added by section 201; and ‘‘Subpart 4—Law Enforcement Records the Director has awarded a fully funded (2) any other provision of law that makes Retention grant for each eligible application submitted funds available for the purchase of body- ‘‘SEC. 531. LAW ENFORCEMENT RECORDS RETEN- by a State and any units of local government worn cameras. TION. within the State under this section for the (b) REQUIREMENT.— ‘‘(a) DEFINITIONS.—In this section— fiscal year, the Director shall allocate to the (1) STATES.—A State that receives funds ‘‘(1) the term ‘applicable covered system’, State and units of local government within under a covered provision shall— with respect to a law enforcement agency, the State for grants under this section an ag- (A) have a policy in place to apply dis- means the covered system of the covered gregate amount that is not less than 0.5 per- cipline to any law enforcement officer who government of which the law enforcement cent of the total amount appropriated for intentionally fails to ensure that a body- agency is part; the fiscal year for grants under this section. worn camera purchased using those funds is ‘‘(2) the term ‘covered government’ means ‘‘(B) CERTAIN TERRITORIES.—For purposes engaged, functional, and properly secured at a State or unit of local government; of the Virgin Islands, American Samoa, all times during which the camera is re- ‘‘(3) the term ‘covered system’ means a Guam, and the Northern Mariana Islands, quired to be worn; and system maintained by a covered government subparagraph (A) shall be applied by sub- (B) ensure that any entity to which the under subsection (b); and stituting ‘0.25 percent’ for ‘0.5 percent’. State awards a subgrant under the covered ‘‘(4) the term ‘disciplinary record’— ‘‘(2) MAXIMUM AMOUNT.— provision has a policy in place to apply dis- ‘‘(A) means any written document regard- ‘‘(A) AMOUNT PER COVERED GOVERNMENT.—A cipline to any law enforcement officer who ing an allegation of misconduct by a law en- covered government may not receive a grant intentionally fails to ensure that a body- forcement officer that— under this section for a fiscal year in an worn camera purchased using those funds is ‘‘(i) is substantiated and is adjudicated by amount that is greater than 5 percent of the engaged, functional, and properly secured at a government agency or court; and total amount appropriated for grants under all times during which the camera is re- ‘‘(ii) results in— this section for the fiscal year. quired to be worn. ‘‘(I) adverse action by the employing law ‘‘(B) AGGREGATE AMOUNT PER STATE.—A (2) OTHER ENTITIES.—An entity other than enforcement agency; or State and each covered government within a State that receives funds under a covered ‘‘(II) criminal charges; and the State may not receive grants under this provision shall have a policy in place to ‘‘(B) does not include a written document section for a fiscal year in an aggregate apply discipline to any law enforcement offi- regarding an allegation described in subpara- amount that is more than 20 percent of the cer who intentionally fails to ensure that a graph (A) if the adjudication described in total amount appropriated for grants under body-worn camera purchased using those clause (i) of that subparagraph has been this section for the fiscal year. funds is engaged, functional, and properly se- overturned on appeal. ‘‘(f) MATCHING FUNDS.—The portion of the cured at all times during which the camera ‘‘(b) RECORDS RETENTION REQUIREMENTS.— costs of a body-worn camera program pro- is required to be worn. ‘‘(1) RECORDS RETENTION SYSTEM.—A cov- vided by a grant under this section— (c) COMPLIANCE.— ered government that receives funds under ‘‘(1) may not exceed 50 percent; and (1) INELIGIBILITY FOR FUNDS.— this part shall maintain a system for sharing ‘‘(2) subject to subsection (e)(2), shall equal (A) FIRST FISCAL YEAR.— disciplinary records of law enforcement offi- 50 percent if the grant is to a unit of local (i) STATES.—For the first fiscal year begin- cers that meets the requirements under government with fewer than 100,000 resi- ning after the date of enactment of this Act paragraph (2). dents. in which a State fails to comply with sub- ‘‘(2) REQUIREMENTS.—In administering a ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Funds section (b)(1), the State shall be subject to a covered system, a covered government made available under this section shall not 20-percent reduction of the funds that would shall— be used to supplant covered government otherwise be provided to the State under the ‘‘(A) retain each disciplinary record or in- funds, but shall be used to increase the applicable covered provision for that fiscal ternal investigation record regarding a law amount of funds that would, in the absence year. enforcement officer that is prepared by a law of Federal funds, be made available from (ii) OTHER ENTITIES.—For the first fiscal enforcement agency of the covered govern- covered government sources for the purposes year beginning after the date of enactment ment; of this section. of this Act in which an entity other than a ‘‘(B) retain a record of each award or com- ‘‘(h) REPORTS TO THE DIRECTOR.—A covered government that receives a grant under this State fails to comply with subsection (b)(2), mendation regarding a law enforcement offi- section shall submit to the Director, for each the entity shall be subject to a 20-percent re- cer that is prepared by a law enforcement year in which funds from a grant received duction of the funds that would otherwise be agency of the covered government; under this section are expended, a report at allocated to the entity under the applicable ‘‘(C) establish a policy that ensures that such time and in such manner as the Direc- covered provision for that fiscal year. each record included in the covered system is tor may reasonably require, that contains— (B) SUBSEQUENT FISCAL YEARS.— retained and accessible for not less than 30 ‘‘(1) a summary of the activities carried (i) STATES.—Beginning in the first fiscal years; out under the grant and an assessment of year beginning after the first fiscal year de- ‘‘(D) allow a law enforcement officer, coun- whether the activities are meeting the needs scribed in subparagraph (A)(i) in which a sel for a law enforcement officer, or the rep- identified in the grant application; and State fails to comply with subsection (b), the resentative organization of a law enforce- ‘‘(2) such other information as the Director percentage by which the funds described in ment officer to— may require. subparagraph (A)(i) are reduced shall be in- ‘‘(i) submit information to the covered sys- ‘‘(i) REPORTS TO CONGRESS.—Not later than creased by 5 percent each fiscal year the tem relating to a disciplinary record or in- 90 days after the end of a fiscal year for State fails to comply with subsection (b), ex- ternal investigation record regarding the law which grants are made under this section, cept that such reduction shall not exceed 25 enforcement officer that is retained under the Director shall submit to Congress a re- percent in any fiscal year. subparagraph (A); or port that includes— (ii) OTHER ENTITIES.—Beginning in the first ‘‘(ii) obtain access to the covered system in ‘‘(1) the aggregate amount of grants made fiscal year beginning after the first fiscal order to review a disciplinary record or in- under this section to each covered govern- year described in subparagraph (A)(i) in ternal investigation record described in ment for the fiscal year; which a an entity other than a State fails to clause (i);

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.014 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE June 25, 2020 CONGRESSIONAL RECORD — HOUSE H2495 ‘‘(E) allow any Federal, State, or local law TITLE IV—JUSTICE FOR VICTIMS OF (18) Further, it is the sense of Congress enforcement agency to access any record in- LYNCHING that criminal action by a group increases the cluded in the covered system for the purpose SEC. 401. SHORT TITLE. likelihood that the criminal object of that of making a decision to hire a law enforce- This title may be cited as the ‘‘Justice for group will be successfully attained and de- ment officer; Victims of Lynching Act of 2020’’. creases the probability that the individuals ‘‘(F) require that, before hiring a law en- SEC. 402. FINDINGS. involved will depart from their path of crim- forcement officer, a representative of a law Congress finds the following: inality. Therefore, it is appropriate to speci- enforcement agency of the covered govern- (1) The crime of lynching succeeded slav- fy criminal penalties for the crime of lynch- ment with hiring authority— ery as the ultimate expression of racism in ing, or any attempt or conspiracy to commit ‘‘(i) search the applicable covered system the United States following Reconstruction. lynching. of each law enforcement agency that has em- (2) Lynching was a widely acknowledged (19) The United States Senate agreed to ployed the applicant as a law enforcement practice in the United States until the mid- unanimously Senate Resolution 118, 115th Congress, on April 5, 2017, ‘‘[c]ondemning officer in order to determine whether the ap- dle of the 20th century. hate crime and any other form of racism, re- plicant has a disciplinary record, internal in- (3) Lynching was a crime that occurred ligious or ethnic bias, discrimination, incite- vestigation record, or record of an award or throughout the United States, with docu- mented incidents in all but 4 States. ment to violence, or animus targeting a mi- commendation on file; and nority in the United States’’ and taking no- (4) At least 4,742 people, predominantly Af- ‘‘(ii) if a record described in clause (i) ex- tice specifically of Federal Bureau of Inves- rican Americans, were reported lynched in ists, review the record in full before hiring tigation statistics demonstrating that the United States between 1882 and 1968. the law enforcement officer; and ‘‘among single-bias hate crime incidents in (5) Ninety-nine percent of all perpetrators ‘‘(G) prohibit access to the covered system the United States, 59.2 percent of victims of lynching escaped from punishment by by any individual other than an individual were targeted due to racial, ethnic, or ances- State or local officials. who is authorized to access the covered sys- tral bias, and among those victims, 52.2 per- (6) Lynching prompted African Americans tem for purposes of— cent were victims of crimes motivated by to form the National Association for the Ad- ‘‘(i) submitting records or other informa- the offenders’ anti-Black or anti-African vancement of Colored People (referred to in tion to the covered system as described in American bias’’. subparagraphs (A), (B), and (D); or this section as the ‘‘NAACP’’) and prompted (20) On September 14, 2017, President Don- ‘‘(ii) reviewing records or other informa- members of B’nai B’rith to found the Anti- ald J. Trump signed into law Senate Joint tion in the covered system as described in Defamation League. Resolution 49 (Public Law 115–58; 131 Stat. subparagraphs (E) and (F). (7) Mr. Walter White, as a member of the 1149), wherein Congress ‘‘condemn[ed] the NAACP and later as the executive secretary ‘‘(c) INELIGIBILITY FOR FUNDS.— racist violence and domestic terrorist attack of the NAACP from 1931 to 1955, meticulously that took place between August 11 and Au- ‘‘(1) IN GENERAL.— A covered government investigated lynchings in the United States gust 12, 2017, in Charlottesville, Virginia’’ may not receive funds under section 505, 506, and worked tirelessly to end segregation and 515, or 516 unless the covered government is and ‘‘urg[ed] the President and his adminis- racialized terror. tration to speak out against hate groups in compliance with subsection (b) of this sec- (8) Nearly 200 anti-lynching bills were in- that espouse racism, extremism, xenophobia, tion. troduced in Congress during the first half of anti-Semitism, and White supremacy; and ‘‘(2) REALLOCATION.—Amounts not allo- the 20th century. use all resources available to the President cated under a section referred to in para- (9) Between 1890 and 1952, 7 Presidents peti- and the President’s Cabinet to address the graph (1) to a covered government for failure tioned Congress to end lynching. growing prevalence of those hate groups in to comply with subsection (b) shall be reallo- (10) Between 1920 and 1940, the House of the United States’’. cated under that section to covered govern- Representatives passed 3 strong anti-lynch- (21) Senate Joint Resolution 49 (Public ments that have complied with subsection ing measures. Law 115–58; 131 Stat. 1149) specifically took (b). (11) Protection against lynching was the notice of ‘‘hundreds of torch-bearing White ‘‘(d) ONE-TIME GRANT.— minimum and most basic of Federal respon- nationalists, White supremacists, Klansmen, ‘‘(1) IN GENERAL.—The Attorney General sibilities, and the Senate considered but and neo-Nazis [who] chanted racist, anti-Se- shall award a grant to each State, using an failed to enact anti-lynching legislation de- mitic, and anti-immigrant slogans and vio- apportionment formula that reflects the dif- spite repeated requests by civil rights lently engaged with counter-demonstrators ferences between each State, to be used by groups, Presidents, and the House of Rep- on and around the grounds of the University the State and units of local government resentatives to do so. of Virginia in Charlottesville’’ and that within the State to establish covered sys- (12) The publication of ‘‘Without Sanc- these groups ‘‘reportedly are organizing tems. tuary: Lynching Photography in America’’ similar events in other cities in the United helped bring greater awareness and proper ‘‘(2) AMOUNT.—The amount of a grant States and communities everywhere are con- awarded to a State under paragraph (1) shall recognition of the victims of lynching. cerned about the growing and open display of be not less than $1,000,000. (13) Only by coming to terms with history hate and violence being perpetrated by those can the United States effectively champion ‘‘(3) DIRECT APPROPRIATIONS.—For the pur- groups’’. pose of making grants under this subsection, human rights abroad. (22) Lynching was a pernicious and perva- there is authorized to be appropriated, and (14) An apology offered in the spirit of true sive tool that was used to interfere with repentance moves the United States toward there is appropriated, out of any money in multiple aspects of life—including the exer- reconciliation and may become central to a the Treasury not otherwise appropriated, cise of Federally protected rights, as enu- new understanding, on which improved ra- merated in section 245 of title 18, United $100,000,000, to remain available until ex- cial relations can be forged. States Code, housing rights, as enumerated pended. (15) Having concluded that a reckoning in section 901 of the Civil Rights Act of 1968 ‘‘(e) INDEMNIFICATION.— with our own history is the only way the (42 U.S.C. 3631), and the free exercise of reli- ‘‘(1) IN GENERAL.—The United States shall country can effectively champion human gion, as enumerated in section 247 of title 18, indemnify and hold harmless a covered gov- rights abroad, 90 Members of the United United States Code. Interference with these ernment, and any law enforcement agency States Senate agreed to Senate Resolution rights was often effectuated by multiple of- thereof, against any claim (including reason- 39, 109th Congress, on June 13, 2005, to apolo- fenders and groups, rather than isolated indi- able expenses of litigation or settlement) by gize to the victims of lynching and the de- viduals. Therefore, prohibiting conspiracies any person or entity related to— scendants of those victims for the failure of to violate each of these rights recognizes the ‘‘(A) the retention of records in a covered the Senate to enact anti-lynching legisla- history of lynching in the United States and system as required under subsection (b); or tion. serves to prohibit its use in the future. ‘‘(B) the review of records included in a (16) The National Memorial for Peace and SEC. 403. LYNCHING. covered system as required under subsection Justice, which opened to the public in Mont- (a) OFFENSE.—Chapter 13 of title 18, United (b). gomery, Alabama, on April 26, 2018, is the States Code, is amended by adding at the end ‘‘(2) LIMITATION.—Paragraph (1) shall not Nation’s first memorial dedicated to the leg- the following: apply to the release of a record— acy of enslaved Black people, people terror- ‘‘§ 250. Lynching ‘‘(A) to a non-law enforcement entity or in- ized by lynching, African Americans humili- ‘‘Whoever conspires with another person to dividual; or ated by racial segregation and Jim Crow, and violate section 245, 247, or 249 of this title or ‘‘(B) for a purpose other than making a de- people of color burdened with contemporary section 901 of the Civil Rights Act of 1968 (42 cision to hire a law enforcement officer.’’. presumptions of guilt and police violence. U.S.C. 3631) shall be punished in the same (17) Notwithstanding the Senate’s apology (b) EFFECTIVE DATE.—Section 531(c) of title manner as a completed violation of such sec- and the heightened awareness and education I of the Omnibus Crime Control and Safe tion, except that if the maximum term of about the Nation’s legacy with lynching, it imprisonment for such completed violation Streets Acts of 1968, as added by subsection is wholly necessary and appropriate for the is less than 10 years, the person may be im- (a), shall take effect on October 1 of the first Congress to enact legislation, after 100 years prisoned for not more than 10 years.’’. fiscal year beginning after the date of enact- of unsuccessful legislative efforts, finally to (b) TABLE OF SECTIONS AMENDMENT.—The ment of this Act. make lynching a Federal crime. table of sections for chapter 13 of title 18,

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United States Code, is amended by inserting (13) The President of the United States (d) STAFF AND ADMINISTRATIVE SUPPORT.— after the item relating to section 249 the fol- shall appoint 2 members who are not em- The Office of the Staff Director of the United lowing: ployed by the Federal Government and are States Commission on Civil Rights shall pro- ‘‘250. Lynching.’’. experts on issues affecting Black men and vide staff and administrative support to the TITLE V—COMMISSION ON THE SOCIAL boys in America. Commission. All entities of the United STATUS OF BLACK MEN AND BOYS ACT (c) MEMBERSHIP BY POLITICAL PARTY.—If States Government shall provide informa- after the Commission is appointed there is a tion that is otherwise a public record at the SEC. 501. SHORT TITLE. partisan imbalance of Commission members, request of the Commission. This title may be cited as the ‘‘Commis- the congressional leaders of the political sion on the Social Status of Black Men and SEC. 506. COMMISSION MEETING REQUIRE- party with fewer members on the Commis- MENTS. Boys Act’’. sion shall jointly name additional members (a) FIRST MEETING.—The first meeting of SEC. 502. COMMISSION ESTABLISHMENT AND to create partisan parity on the Commission. MEMBERSHIP. the Commission shall take place no later (a) ESTABLISHMENT.—The Commission on SEC. 503. OTHER MATTERS RELATING TO AP- than 30 days after the initial members are all the Social Status of Black Men and Boys POINTMENT; REMOVAL. appointed. Meetings shall be focused on sig- (hereinafter in this title referred to as ‘‘the (a) TIMING OF INITIAL APPOINTMENTS.—Each nificant issues impacting Black men and Commission’’) is established within the initial appointment to the Commission shall boys, for the purpose of initiating research United States Commission on Civil Rights be made no later than 90 days after the Com- ideas and delegating research tasks to Com- Office of the Staff Director. mission is established. If any appointing au- mission members to initiate the first annual (b) MEMBERSHIP.—The Commission shall thorities fail to appoint a member to the report described in section 507. consist of 19 members appointed as follows: Commission, their appointment shall be (b) QUARTERLY MEETINGS.—The Commis- (1) The Senate majority leader shall ap- made by the Staff Director of the Commis- sion shall meet quarterly. In addition to all point one member who is not employed by sion on Civil Rights. quarterly meetings, the Commission shall the Federal Government and is an expert on (b) TERMS.—Except as otherwise provided meet at other times at the call of the Chair issues affecting Black men and boys in in this section, the term of a member of the or as determined by a majority of Commis- America. Commission shall be 4 years. For the purpose sion members. (2) The Senate minority leader shall ap- of providing staggered terms, the first term (c) QUORUM; RULE FOR VOTING ON FINAL AC- point one member who is not employed by of those members initially appointed under TIONS.—A majority of the members of the the Federal Government and is an expert on paragraphs (1) through (5) of section 502 shall Commission constitute a quorum, and an af- issues affecting Black men and boys in be appointed to 2-year terms with all other firmative vote of a majority of the members America. terms lasting 4 years. Members are eligible present is required for final action. (d) EXPECTATIONS FOR ATTENDANCE BY (3) The House of Representatives majority for consecutive reappointment. MEMBERS.—Members are expected to attend leader shall appoint one member who is not (c) REMOVAL.—A member of the Commis- all Commission meetings. In the case of an employed by the Federal Government and is sion may be removed from the Commission absence, members are expected to report to an expert on issues affecting Black men and at any time by the appointing authority the Chair prior to the meeting and allowance boys in America. should the member fail to meet Commission may be made for an absent member to par- (4) The House of Representatives minority responsibilities. Once the seat becomes va- ticipate remotely. Members will still be re- leader shall appoint one member who is not cant, the appointing authority is responsible sponsible for fulfilling prior commitments, employed by the Federal Government and is for filling the vacancy in the Commission be- regardless of attendance status. If a member an expert on issues affecting Black men and fore the next meeting. is absent twice in a given year, he or she will boys in America. (d) VACANCIES.—The appointing authority be reviewed by the Chair and appointing au- (5) The Chair of the Congressional Black of a member of the Commission shall either thority and further action will be considered, Caucus shall be a member of the Commis- reappoint that member at the end of that including removal and replacement on the sion, as well as 5 additional Members of the member’s term or appoint another person Commission. Congressional Black Caucus who shall be in- meeting the qualifications for that appoint- (e) MINUTES.—Minutes shall be taken at dividuals that either sit on the following ment. In the event of a vacancy arising dur- each meeting by the Secretary, or in that in- committees of relevant jurisdiction or are ing a term, the appointing authority shall, dividual’s absence, the Chair shall select an- experts on issues affecting Black men and before the next meeting of the Commission, other Commission member to take minutes boys in the United States, including— appoint a replacement to finish that term. during that absence. The Commission shall (A) education; SEC. 504. LEADERSHIP ELECTION. make its minutes publicly available and ac- (B) justice and Civil Rights; At the first meeting of the Commission cessible not later than one week after each (C) healthcare; each year, the members shall elect a Chair meeting. (D) labor and employment; and and a Secretary. A vacancy in the Chair or (E) housing. Secretary shall be filled by vote of the re- SEC. 507. ANNUAL REPORT GUIDELINES. (6) The Staff Director of the United States maining members. The Chair and Secretary The Commission shall make an annual re- Commission on Civil Rights shall appoint are eligible for consecutive reappointment. port, beginning the year of the first Commis- one member from within the staff of the SEC. 505. COMMISSION DUTIES AND POWERS. sion meeting. The report shall address the current conditions affecting Black men and United States Commission on Civil Rights (a) STUDY.— boys and make recommendations to address who is an expert in issues relating to Black (1) IN GENERAL.—The Commission shall men and boys. conduct a systematic study of the conditions these issues. The report shall be submitted (7) The Chair of the United States Equal affecting Black men and boys, including to the President, the Congress, members of Employment Opportunity Commission shall homicide rates, arrest and incarceration the President’s Cabinet, and the chairs of the appoint one member from within the staff of rates, poverty, violence, fatherhood, appropriate committees of jurisdiction. The the United States Equal Employment Oppor- mentorship, drug abuse, death rates, dis- Commission shall make the report publicly tunity Commission who is an expert in equal parate income and wealth levels, school per- available online on a centralized Federal employment issues impacting Black men. formance in all grade levels including post- website. (8) The Secretary of Education shall ap- secondary education and college, and health SEC. 508. COMMISSION COMPENSATION. point one member from within the Depart- issues. Members of the Commission shall serve on ment of Education who is an expert in urban (2) TRENDS.—The Commission shall docu- the Commission without compensation. education. ment trends regarding the topics described TITLE VI—ALTERNATIVES TO THE USE OF (9) The Attorney General shall appoint one in paragraph (1) and report on the commu- FORCE, DE-ESCALATION, BEHAVIORAL member from within the Department of Jus- nity impacts of relevant government pro- HEALTH CRISES AND DUTY TO INTER- tice who is an expert in racial disparities grams within the scope of such topics. VENE TRAINING within the criminal justice system. (b) PROPOSAL OF MEASURES.—The Commis- SEC. 601. TRAINING ON ALTERNATIVES TO USE (10) The Secretary of Health and Human sion shall propose measures to alleviate and OF FORCE, DE-ESCALATION, AND BE- Services shall appoint one member from remedy the underlying causes of the condi- HAVIORAL HEALTH CRISES. within the Department of Health and Human tions described in subsection (a), which may (a) DEFINITIONS.—Section 901(a) of title I of Services who is an expert in health issues include recommendations of changes to the the Omnibus Crime Control and Safe Streets facing Black men. law, recommendations for how to implement Act of 1968 (34 U.S.C. 10251(a)) is amended— (11) The Secretary of Housing and Urban related policies, and recommendations for (1) in paragraph (27), by striking ‘‘and’’ at Development shall appoint one member from how to create, develop, or improve upon gov- the end; within the Department of Housing and Urban ernment programs. (2) in paragraph (28), by striking the period Development who is an expert in housing and (c) SUGGESTIONS AND COMMENTS.—The at the end and inserting a semicolon; and development in urban communities. Commission shall accept suggestions or com- (3) by adding at the end the following: (12) The Secretary of Labor shall appoint ments pertinent to the applicable issues ‘‘(29) the term ‘de-escalation’ means taking one member from within the Department of from members of Congress, governmental action or communicating verbally or non- Labor who is an expert in labor issues im- agencies, public and private organizations, verbally during a potential force encounter pacting Black men. and private citizens. in an attempt to stabilize the situation and

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.014 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE June 25, 2020 CONGRESSIONAL RECORD — HOUSE H2497 reduce the immediacy of the threat so that ‘‘(1) the term ‘approved course in alter- ‘‘(ii) the total number of law enforcement more time, options, and resources can be natives to use of force, de-escalation tactics, officers employed by the State; and called upon to resolve the situation without or techniques and strategies for responding ‘‘(iii) any barriers to providing the train- the use of force or with a reduction in the to a behavioral health crisis’ means a course ing. force necessary; and using the training curricula established ‘‘(e) DIRECT APPROPRIATIONS.—For the pur- ‘‘(30) the term ‘behavioral health crisis’ under section 1701(n)(1) or equivalents to pose of making grants under this section means a situation in which the behavior of a such training curricula— there is authorized to be appropriated, and person puts the person at risk of hurting ‘‘(A) provided by the Attorney General there is appropriated, out of amounts in the himself or herself or others or prevents the under section 1701(n)(3); or Treasury not otherwise appropriated, for the person from being able to care for himself or ‘‘(B) provided by a certified entity; and fiscal year ending September 30, 2020, herself or function effectively in the commu- ‘‘(2) the term ‘certified entity’ means a $250,000,000, to remain available until ex- nity, including a situation in which a person public or private entity that has been cer- pended.’’. is under the influence of a drug or alcohol, is tified by the Attorney General under section SEC. 602. TRAINING ON DUTY TO INTERVENE. suicidal, or experiences symptoms of a men- 1701(n)(2). Subpart 1 of part E of Title I of the Omni- tal illness.’’. ‘‘(b) AUTHORITY.—The Attorney General bus Crime Control and Safe Streets Act of (b) COPS PROGRAM.—Section 1701 of title I shall, from amounts made available for this 1968 (34 U.S.C. 10151 et seq.), as amended by of the Omnibus Crime Control and Safe purpose under subsection (e), make grants to section 201, is amended by adding at the end Streets Act of 1968 (34 U.S.C. 10381) is amend- States for use by the State or a unit of gov- the following: ed by adding at the end the following: ernment located in the State to— ‘‘SEC. 510. TRAINING ON DUTY TO INTERVENE. ‘‘(n) TRAINING IN ALTERNATIVES TO USE OF ‘‘(1) pay for costs associated with con- ‘‘(a) TRAINING PROGRAM.— FORCE, DE-ESCALATION TECHNIQUES, AND BE- ducting the training and for attendance by ‘‘(1) IN GENERAL.—The Attorney General, in HAVIORAL HEALTH CRISES.— law enforcement personnel at an approved consultation with relevant law enforcement ‘‘(1) TRAINING CURRICULA.—The Attorney agencies of States and units of local govern- General, in consultation with relevant law course in alternatives to use of force, de-es- ments and organizations representing rank enforcement agencies of States and units of calation tactics, or techniques and strategies and file law enforcement officers, shall de- local government, labor organizations, pro- for responding to a behavioral health crisis; velop a training curriculum for law enforce- fessional law enforcement organizations, and and ment agencies and officers on the develop- mental health organizations, shall develop ‘‘(2) procure training in alternatives to use ment, implementation, fulfillment, and en- training curricula in— of force, de-escalation tactics, or techniques forcement of a duty of a law enforcement of- ‘‘(A) alternatives to use of force and de-es- and strategies for responding to a behavioral ficer to intervene when another law enforce- calation tactics; and health crisis from a certified entity. ment officer is engaged in excessive use of ‘‘(B) safely responding to a person experi- ‘‘(c) ALLOCATION OF FUNDS.— force. encing a behavioral health crisis, including ‘‘(1) IN GENERAL.—Of the total amount ap- ‘‘(2) CERTIFIED PROGRAMS.—The Attorney techniques and strategies that are designed propriated to carry out this section for a fis- General shall establish a process to certify to protect the safety of the person experi- cal year, the Attorney General shall allocate public and private entities that offer courses encing the behavioral health crisis, law en- funds to each State in proportion to the on the duty to intervene that are equivalent forcement officers, and the public. total number of law enforcement officers in to the training curriculum established under ‘‘(2) CERTIFIED PROGRAMS.—The Attorney the State as compared to the total number of paragraph (1). General shall establish a process to certify law enforcement officers in the United ‘‘(3) TRANSITIONAL REGIONAL TRAINING PRO- public and private entities that offer courses States. GRAMS.—Until the end of fiscal year 2023, the in alternatives to use of force, de-escalation ‘‘(2) TRAINING FOR STATE LAW ENFORCEMENT Attorney General shall provide regional tactics, and techniques and strategies for re- OFFICERS.—Each State may retain from the training workshops for law enforcement offi- sponding to a behavioral health crisis using total amount of funds provided to the State cers of States and units of local government, the training curricula established under for the purposes described in this section an using the training curriculum established paragraph (1) or equivalents to the training amount that is not more than the amount under paragraph (1). curricula established under paragraph (1). that bears the same ratio to the total ‘‘(4) LIST.—The Attorney General shall ‘‘(3) TRANSITIONAL REGIONAL TRAINING PRO- amount of funds as the ratio of— publish a list of law enforcement agencies of GRAMS FOR STATE AND LOCAL AGENCY PER- ‘‘(A) the total number of law enforcement States and units of local government that SONNEL.—Until the end of fiscal year 2023, officers employed by the State; to employ officers who have successfully com- the Attorney General shall, and thereafter ‘‘(B) the total number of law enforcement pleted a course described under paragraph (2) may, provide regional training to equip and officers employed by the State and units of or (3), which shall include the total number certify personnel from law enforcement local government within the State. of law enforcement officers employed by the agencies of States and units of local govern- ‘‘(3) TRAINING FOR LOCAL LAW ENFORCEMENT agency and the number of officers who have ment in a State to conduct training using OFFICERS.—A State shall make available to completed the course. the training curricula established under units of local government in the State for ‘‘(b) GRANT PROGRAM.— paragraph (1). the purposes described in this section the ‘‘(1) AUTHORIZATION.—The Attorney Gen- ‘‘(4) LIST.—The Attorney General shall amounts remaining after a State retains funds under paragraph (2). At the request of eral may make grants to State and local law publish a list of law enforcement agencies of enforcement agencies to— States and units of local government that a unit of local government, the State may use an amount of the funds allocated to the ‘‘(A) pay for costs associated with attend- employ officers who have successfully com- ance by law enforcement personnel at a pleted a course described under paragraph (2) unit of local government under this para- graph to facilitate training in alternatives to training course approved by the Attorney or (3), which shall include— General under paragraph (2) or (3) of sub- ‘‘(A) the total number of law enforcement use of force, de-escalation tactics, or tech- niques and strategies for responding to a be- section (a); and officers employed by the agency; ‘‘(B) procure training in the duty to inter- ‘‘(B) the number of officers who have com- havioral health crisis to law enforcement of- ficers employed by the unit of local govern- vene from a public or private entity certified pleted the course; and under subsection (a)(2). ‘‘(C) whether personnel from the law en- ment. ‘‘(2) APPLICATION.—Each State or local law forcement agency are certified to conduct ‘‘(d) REPORTING.— ‘‘(1) UNITS OF LOCAL GOVERNMENT.—Any enforcement agency seeking a grant under training. this subsection shall submit an application ‘‘(5) DIRECT APPROPRIATIONS.—For the pur- unit of local government that receives funds from a State under subsection (c)(3) shall to the Attorney General at such time, in pose of making grants under this subsection such manner, and containing such informa- there is authorized to be appropriated, and submit to the State a report indicating— ‘‘(A) the number of law enforcement offi- tion as the Attorney General may require. there is appropriated, out of amounts in the IRECT APPROPRIATIONS.—For the pur- cers that have completed training described ‘‘(c) D Treasury not otherwise appropriated, for the pose of making grants under this section, in this section; fiscal year ending September 30, 2020, there is authorized to be appropriated, and ‘‘(B) the total number of law enforcement $100,000,000, to remain available until ex- there is appropriated, out of amounts in the officers employed by the unit of local gov- pended.’’. Treasury not otherwise appropriated, for the ernment; and (c) BYRNE JAG PROGRAM.—Subpart 1 of fiscal year ending September 30, 2020, part E of title I of the Omnibus Crime Con- ‘‘(C) any barriers to providing the training. $500,000,000, to remain available until ex- trol and Safe Streets Act of 1968 (34 U.S.C. ‘‘(2) STATES.—Any State that receives pended.’’. 10151 et seq.) is amended— funds under subsection (c)(2) shall, after re- (1) by redesignating section 508 as section ceiving the reports described in paragraph TITLE VII—NATIONAL CRIMINAL JUSTICE 511; and (1), submit to the Attorney General— COMMISSION ACT (2) by inserting after section 507 the fol- ‘‘(A) such reports; and SEC. 701. SHORT TITLE. lowing: ‘‘(B) a report by the State indicating— This title may be cited as the ‘‘National ‘‘SEC. 508. LAW ENFORCEMENT TRAINING PRO- ‘‘(i) the number of law enforcement officers Criminal Justice Commission Act of 2020’’. GRAMS. employed by the State that have completed SEC. 702. FINDINGS. ‘‘(a) DEFINITIONS.—In this section— training described in this section; Congress finds that—

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.014 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE H2498 CONGRESSIONAL RECORD — HOUSE June 25, 2020 (1) it is in the interest of the United States finding or supplemental guidance at a meet- (A) the Senate and House of Representa- to establish a commission to undertake a ing where a quorum is present pursuant to tives of the same political party as the Presi- comprehensive review of the criminal justice section 706(d), the finding or supplemental dent; system; guidance may be adopted and included in the (B) the Committee on the Judiciary of the (2) there has not been a comprehensive report required under paragraph (1). House of Representatives of the same polit- study since the President’s Commission on (3) DISSENTS.—In the case of a member of ical party as the President; and Law Enforcement and Administration of the Commission who dissents from a finding (C) the Committee on the Judiciary of the Justice was established in 1965; or supplemental guidance approved by a ma- Senate of the same political party as the (3) in a span of 18 months, the President’s jority vote under paragraph (2), the member President. Commission on Law Enforcement and Ad- may state the reason for the dissent in writ- (3) The leader of the Senate, in consulta- ministration of Justice produced a com- ing and the report described in paragraph (1) tion with the leader of the House of Rep- prehensive report entitled ‘‘The Challenge of shall include the dissent. resentatives who is a member of the opposite Crime in a Free Society’’, which contained (4) PUBLIC ACCESS.—The report submitted party of the President, shall appoint 1 mem- 200 specific recommendations on all aspects under this subsection shall be made avail- ber, who shall serve as a co-chairperson of of the criminal justice system involving— able to the public. the Commission. (A) Federal, State, Tribal, and local gov- (d) PRIOR COMMISSIONS.—The Commission (4) The co-chairperson described in para- ernments; shall take into consideration the work of graph (3) shall appoint 6 members in con- (B) civic organizations; prior relevant commissions in conducting sultation with the leadership of— (C) religious institutions; the review of the Commission. (A) the Senate and House of Representa- (D) business groups; and (e) STATE AND LOCAL GOVERNMENTS.—In tives of the opposite political party as the (E) individual citizens; and issuing the recommendations and report of President; (4) developments over the intervening 50 the Commission under this section, the Com- (B) the Committee on the Judiciary of the years require once again that Federal, State, mission shall not infringe on the legitimate House of Representatives of the opposite po- Tribal, and local governments, law enforce- rights of the States to determine the crimi- litical party as the President; and ment agencies, including rank and file offi- nal laws of the States or the enforcement of (C) the Committee on the Judiciary of the cers, civil rights organizations, community- such laws. Senate of the opposite political party as the (f) PUBLIC HEARINGS.—The Commission based organization leaders, civic organiza- President. shall conduct public hearings in various lo- tions, religious institutions, business groups, cations around the United States. (b) MEMBERSHIP.— and individual citizens come together to re- (g) CONSULTATION WITH GOVERNMENT AND (1) IN GENERAL.—A member shall be ap- view evidence and consider how to improve NONGOVERNMENT REPRESENTATIVES.— pointed based upon knowledge or experience the criminal justice system. (1) IN GENERAL.—The Commission shall— in a relevant area, including— SEC. 703. ESTABLISHMENT OF COMMISSION. (A) closely consult with Federal, State, (A) law enforcement; There is established a commission to be local, and Tribal governments and non- (B) criminal justice; known as the ‘‘National Criminal Justice government leaders, including— (C) national security; Commission’’ (referred to in this title as the (i) State, local, and Tribal law enforcement (D) prison and jail administration; ‘‘Commission’’). officials, including rank and file officers; (E) prisoner reentry; SEC. 704. PURPOSE OF THE COMMISSION. (ii) legislators; (F) public health, including— The Commission shall— (iii) public health officials; (i) physical and sexual victimization; (1) undertake a comprehensive review of (iv) judges; (ii) drug addiction; or the criminal justice system; (v) court administrators; (iii) mental health; (2) submit to the President and Congress (vi) prosecutors; (G) the rights of victims; recommendations for Federal criminal jus- (vii) defense counsel; (H) civil rights; tice reform; and (viii) victims’ rights organizations; (I) civil liberties; (3) disseminate findings and supplemental (ix) probation and parole officials; (J) court administration; guidance to the Federal Government, as well (x) criminal justice planners; (K) social services; or as to State, local, and Tribal governments. (xi) criminologists; (L) State, local, or Tribal government. SEC. 705. REVIEW, RECOMMENDATIONS, AND RE- (xii) civil rights and liberties organiza- (2) LAW ENFORCEMENT REPRESENTATION.— PORT. tions; (A) MEMBERS APPOINTED BY THE CO-CHAIR- (a) GENERAL REVIEW.—The Commission (xiii) community-based organization lead- PERSONS.—Of the 6 members appointed by shall undertake a comprehensive review of ers; the co-chairperson under subsection (a)(2)— all areas of the criminal justice system, in- (xiv) formerly incarcerated individuals; (i) not fewer than 2 shall be representatives cluding the criminal justice costs, practices, (xv) professional organizations; and from Federal, State, or local law enforce- and policies of the Federal, State, local, and (xvi) corrections officials; and ment agencies, including not less than 1 rep- Tribal governments. (B) include in the final report required resentative from a rank and file organiza- (b) RECOMMENDATIONS.— under subsection (c) summaries of the input tion; and (1) IN GENERAL.—Not later than 18 months and recommendations of the leaders con- (ii) not fewer than 1 shall be a representa- after the date of the first meeting of the sulted under subparagraph (A). tive from a Tribal law enforcement agency. Commission, the Commission shall submit to (2) UNITED STATES SENTENCING COMMIS- (B) OTHER MEMBERS.—Of the 6 members ap- the President and Congress recommenda- SION.—To the extent the review and rec- pointed under subsection (a)(4)— tions for changes in Federal oversight, poli- ommendations required by this section re- (i) not fewer than 2 shall be representatives cies, practices, and laws designed to prevent, late to sentencing policies and practices for of Federal, State, or local law enforcement deter, and reduce crime and violence, reduce the Federal criminal justice system, the agencies, including not less than 1 represent- recidivism, improve cost-effectiveness, and Commission shall conduct the review in con- ative from a rank and file organization; and ensure the interests of justice at every step sultation with the United States Sentencing (ii) not fewer than 1 shall be a representa- of the criminal justice system. Commission. tive from a Tribal law enforcement agency. (2) UNANIMOUS CONSENT.—If a unanimous (h) SENSE OF CONGRESS ON UNANIMITY.—It (3) DISQUALIFICATION.—If an individual pos- vote of the members of the Commission at a is the sense of Congress that, given the na- sesses a personal financial interest in the meeting where a quorum is present pursuant tional importance of the matters before the discharge of a duty of the Commission, the to section 706(d) approves a recommendation Commission— individual may not be appointed as a mem- of the Commission, the Commission may (1) the Commission should work toward de- ber of the Commission. adopt and submit the recommendation under veloping findings and supplemental guidance (4) TERMS.—A member shall be appointed paragraph (1). that are unanimously supported by the mem- for the duration of the Commission. (3) PUBLIC ACCESS.—The recommendations bers of the Commission; and (c) APPOINTMENTS AND FIRST MEETING.— submitted under this subsection shall be (2) a finding or supplemental guidance (1) APPOINTMENTS.—Each member of the made available to the public. unanimously supported by the members of Commission shall be appointed not later (c) REPORT.— the Commission should take precedence over than 45 days after the date of enactment of (1) IN GENERAL.—Not later than 18 months a finding or supplemental guidance that is this Act. after the date of the first meeting of the not unanimously supported. (2) FIRST MEETING.—The Commission shall Commission, the Commission shall dissemi- SEC. 706. MEMBERSHIP. hold the first meeting of the Commission on nate to the Federal Government, as well as (a) IN GENERAL.—The Commission shall be the date, whichever is later, that is not later to State, local, and Tribal governments, a re- composed of 14 members, as follows: than— port that details the findings and supple- (1) The President shall appoint 1 member, (A) 60 days after the date of enactment of mental guidance of the Commission regard- who shall serve as a co-chairperson of the this Act; or ing the criminal justice system at all levels Commission. (B) 30 days after the date on which funds of government. (2) The co-chairperson described in para- are made available for the Commission. (2) MAJORITY VOTE.—If a majority vote of graph (1) shall appoint 6 members in con- (3) ETHICS.—At the first meeting of the the members of the Commission approves a sultation with the leadership of— Commission, the Commission shall—

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.014 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE June 25, 2020 CONGRESSIONAL RECORD — HOUSE H2499 (A) draft appropriate ethics guidelines for except that no rate of pay fixed under this (A) chapter 81 of title 5, United States members and staff of the Commission, in- subsection may exceed the equivalent of that Code, relating to compensation for work-re- cluding guidelines relating to— payable for a position at level V of the Exec- lated injuries; (i) conflict of interest; and utive Schedule under section 5316 of title 5, (B) chapter 171 of title 28, United States (ii) financial disclosure; United States Code. Code, relating to tort claims; and (B) consult with the Committees on the (3) PERSONNEL AS FEDERAL EMPLOYEES.— (C) chapter 11 of title 18, United States Judiciary of the Senate and the House of (A) IN GENERAL.—The Executive Director Code, relating to conflicts of interest. Representatives as a part of drafting the and any personnel of the Commission who (f) OBTAINING OFFICIAL DATA.— guidelines; and are employees shall be employees under sec- (1) IN GENERAL.—Except as provided in (C) provide each Committee described in tion 2105 of title 5, United States Code, for paragraph (3), the Commission may directly subparagraph (B) with a copy of the guide- purposes of chapters 63, 81, 83, 84, 85, 87, 89, secure from an agency of the United States lines completed under subparagraph (A). and 90 of such title 5. information necessary to enable the Com- (d) MEETINGS, QUORUM, AND VACANCIES.— (B) MEMBERS OF THE COMMISSION.—Sub- mission to carry out this title. (1) MEETINGS.—The Commission shall meet paragraph (A) shall not be construed to (2) PROCEDURES.—Upon the request of the at the call of— apply to members of the Commission. co-chairpersons of the Commission, the head (A) the co-chairpersons; or (4) THE COMPENSATION OF MEMBERS.— of the agency shall furnish any information (B) a majority of the members of the Com- (A) NON-FEDERAL EMPLOYEES.—A member requested under paragraph (1) to the Com- mission. of the commission who is not an officer or mission. (2) QUORUM.—Except as provided in para- employee of the Federal Government shall (3) SENSITIVE INFORMATION.—The Commis- graph (3)(B), a majority of the members of be compensated at a rate equal to the daily sion may not have access to sensitive infor- the Commission shall constitute a quorum equivalent of the annual rate of basic pay mation regarding ongoing investigations. for purposes of conducting business, except prescribed for level IV of the Executive (g) MAILS.—The Commission may use the that 2 members of the Commission shall con- Schedule under section 5315 of title 5, United United States mails in the same manner and stitute a quorum for purposes of receiving States Code, for each day (including travel under the same conditions as other depart- testimony. time) during which the member is engaged in ments and agencies of the United States. (3) VACANCIES.— the performance of the duties of the Board. (h) BIANNUAL REPORTS.—The Commission (A) IN GENERAL.—A vacancy in the Com- (B) FEDERAL EMPLOYEES.—A member of the shall submit biannual status reports to Con- mission shall not affect a power of the Com- commission who is an officer or employee of gress regarding— mission, and the vacancy shall be filled in the Federal Government shall serve without (1) the use of resources; the same manner in which the original ap- compensation in addition to the compensa- (2) salaries; and pointment was made. tion received for the services of the member (3) all expenditures of appropriated funds. (i) CONTRACTS.— (B) QUORUM.—In the case of a vacancy oc- as an officer or employee of the Federal Gov- (1) IN GENERAL.—The Commission may curring after the date that is 45 days after ernment. enter into a contract with a Federal or State the date of enactment of this Act, until the (5) TRAVEL EXPENSES.—A member of the agency, a private firm, an institution, or an date on which the vacancy is filled, a major- Commission shall be allowed travel expenses, individual for the conduct of an activity nec- ity of the members of the Commission shall including per diem in lieu of subsistence, at essary to the discharge of a duty or responsi- constitute a quorum if— rates authorized for employees of agencies bility of the Commission. (i) not fewer than 1 member of the Com- under subchapter I of chapter 57 of title 5, (2) TIMING.—A contract, lease, or other mission appointed under paragraph (1) or (2) United States Code, while away from the legal agreement the Commission enters into of subsection (a) is present; and home or regular places of business of the may not extend beyond the date of the ter- (ii) not fewer than 1 member of the Com- member in the performance of services for mination of the Commission. mission appointed under paragraph (3) or (4) the Commission. (j) GIFTS.—The Commission may accept, of subsection (a) is present. (b) EXPERTS AND CONSULTANTS.—With the use, or dispose of a gift or donation of a serv- (e) ACTIONS OF THE COMMISSION.— approval of the Commission, the Executive ice or property. (1) IN GENERAL.—The Commission— Director may procure temporary and inter- (k) ADMINISTRATIVE ASSISTANCE.—The Ad- (A) shall, subject to section 705, act by a mittent services under section 3109(b) of title ministrator of General Services shall provide resolution agreed to by a majority of the 5, United States Code. to the Commission, on a reimbursable basis, members of the Commission voting and (c) DETAIL OF GOVERNMENT EMPLOYEES.— the administrative support services nec- present; and Upon the request of the Commission, a Fed- essary for the Commission to carry out the (B) may establish a panel composed of less eral Government employee may be detailed responsibilities of the Commission under than the full membership of the Commission to the Commission without reimbursement, this title, which may include— for purposes of carrying out a duty of the and such detail shall be without interruption (1) human resource management; Commission under this title, which— or loss of civil service status or privilege. (2) budget; (i) shall be subject to the review and con- (d) OTHER RESOURCES.— (3) leasing; trol of the Commission; and (1) IN GENERAL.—The Commission shall (4) accounting; or (ii) may make a finding or determination have reasonable access to materials, re- (5) payroll services. that may be considered a finding or deter- sources, statistical data, and other informa- (l) NON-APPLICABILITY OF FACA AND PUBLIC mination of the Commission if the finding or tion such Commission determines to be nec- ACCESS TO MEETINGS AND MINUTES.— determination is approved by the Commis- essary to carry out its duties from— (1) IN GENERAL.—The Federal Advisory sion. (A) the Library of Congress; Committee Act (5 U.S.C. App.) shall not (2) DELEGATION.—If authorized by the co- (B) the Department of Justice; apply to the Commission. chairpersons of the Commission, a member, (C) the Office of National Drug Control (2) MEETINGS AND MINUTES.— agent, or staff member of the Commission Policy; (A) MEETINGS.— may take an action that the Commission (D) the Department of State; and (i) ADMINISTRATION.—Each meeting of the may take under this title. (E) other agencies of the executive or legis- Commission shall be open to the public, ex- SEC. 707. ADMINISTRATION. lative branch of the Federal Government. cept that a meeting or any portion of it may (a) STAFF.— (2) REQUESTS FOR RESOURCES.—The co- be closed to the public if it concerns matters (1) EXECUTIVE DIRECTOR.—The Commission chairpersons of the Commission shall make or information described in section 552b(c) of shall have a staff headed by an Executive Di- requests for the access described in para- title 5, United States Code. rector, who shall be paid at a rate estab- graph (1) in writing when necessary. (ii) INTERESTED INDIVIDUALS.—An inter- lished for the Certified Plan pay level for the (e) VOLUNTEER SERVICES.—Notwith- ested individual may— Senior Executive Service under section 5382 standing section 1342 of title 31, United (I) appear at an open meeting; of title 5, United States Code. States Code, the Commission— (II) present an oral or written statement (2) APPOINTMENTS AND COMPENSATION.—The (1) may— on the subject matter of the meeting; and co-chairpersons of the Commission shall des- (A) accept and use the services of an indi- (III) be administered an oath or affirma- ignate and fix the compensation of the Exec- vidual volunteering to serve without com- tion. utive Director and, in accordance with rules pensation; and (iii) NOTICE.—Each open meeting of the agreed upon by the Commission, may ap- (B) reimburse the individual described in Commission shall be preceded by timely pub- point and fix the compensation of such other subparagraph (A) for local travel, office sup- lic notice in the Federal Register of the personnel as may be necessary to enable the plies, and for other travel expenses, includ- time, place, and subject of the meeting. Commission to carry out its functions, with- ing per diem in lieu of subsistence, as au- (B) MINUTES AND PUBLIC ACCESS.— out regard to the provisions of title 5, United thorized by section 5703 of title 5, United (i) MINUTES.—Minutes of each open meet- States Code, governing appointments in the States Code; and ing shall be kept and shall contain a record competitive service, and without regard to (2) shall consider the individual described of— the provisions of chapter 51 and subchapter in paragraph (1) an employee of the Federal (I) the people present; III of chapter 53 of such title relating to clas- Government in performance of those services (II) a description of the discussion that oc- sification and General Schedule pay rates, for the purposes of— curred; and

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.014 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE H2500 CONGRESSIONAL RECORD — HOUSE June 25, 2020 (III) a copy of each statement filed. authorized to be appropriated, and there is title shall be for a period determined by the (ii) PUBLIC ACCESS.—The minutes and appropriated, out of amounts in the Treas- Director. records of each open meeting and other docu- ury not otherwise appropriated, for the fiscal (c) PRIORITY.—In engaging eligible pro- ments that were made available to or pre- year ending September 30, 2020, $10,000,000, to gram participants under section 812, the Di- pared for the Commission shall be available remain available until expended. rector shall give priority to applications for public inspection and copying at a single (b) DONATIONS, GIFTS, BEQUESTS, AND DE- from such participants who work for a Fed- location in the offices of the Commission. VISES OF PROPERTY.—In accordance with eral, State, or local law enforcement agency (m) ARCHIVING.—Not later than the date chapter 23 of title 36, United States Code, that does not, at the time application is described in section 709, all records and pa- and in furtherance of the purposes of this made, offer any education programming on pers of the Commission shall be delivered to subtitle, the Director is authorized to solicit, the history of racism or best practices to im- the Archivist of the United States for de- accept, hold, administer, invest, and use do- prove race relations between law enforce- posit in the National Archives. nated funds and gifts, bequests, and devises ment and the communities they serve. SEC. 708. DIRECT APPROPRIATIONS. of property, both real and personal. SEC. 816. ANNUAL REPORT. (a) IN GENERAL.— For the purpose of car- (c) USE OF FUNDS.—The Director, using Not later than February 1 of each year, the rying out this title, there is authorized to be funds appropriated under subsection (a) and Director shall submit to the Congress a re- appropriated, and there is appropriated, out resources received under subsection (b), in- port describing the activities carried out of amounts in the Treasury not otherwise cluding through the engagement of eligible under this subtitle. appropriated, for the fiscal year ending Sep- program participants as appropriate and in TITLE IX—BEST PRACTICES AND STUDIES tember 30, 2020, $14,000,000, to remain avail- consultation with the National Law Enforce- SEC. 901. BEST PRACTICES. able until expended. ment Museum— (a) IN GENERAL.—The National Criminal (b) LIMITATION.—None of the funds pro- (1) shall develop and nationally dissemi- Justice Commission established under title vided by this section may be used for inter- nate a curriculum to educate eligible pro- VIII (referred to in this title as the ‘‘Com- national travel. gram participants on the history of racism mission’’) shall— SEC. 709. SUNSET. in the United States; and (1) develop recommended best practices The Commission shall terminate 60 days (2) shall carry out education program guidelines to ensure fair and effective polic- after the date on which the Commission sub- training for eligible program participants ing tactics and procedures that encourage mits the report required under section 705(c) that focuses on— equitable justice, community trust, and law to Congress. (A) racial reconciliation with the goal of enforcement officer safety; TITLE VIII—LAW ENFORCEMENT AGENCY understanding the history of racism in (2) include the recommended best practices HIRING AND EDUCATION America; described in paragraph (1) in the rec- Subtitle A—Hiring (B) improving relationships between law ommendations of the Commission required SEC. 801. LAW ENFORCEMENT AGENCY HIRING. enforcement and the communities they under section 705; and Section 1701(b) of title I of the Omnibus serve; and (3) best practices for developing standards Crime Control and Safe Streets Act of 1968 (C) training eligible program participants for law enforcement officer due process. (34 U.S.C. 10381(b)) is amended— who can effectively train their law enforce- (b) REQUIREMENTS.—The best practices re- (1) by redesignating paragraphs (22) and ment peers in their State and communities. quired to be developed under subsection (a) (23) as paragraphs (23) and (24), respectively; (d) APPLICATIONS.—The Director may seek shall include— (2) in paragraph (23), as so redesignated, by the engagement of an eligible program par- (1) best practices for the hiring, firing, sus- striking ‘‘(21)’’ and inserting ‘‘(22)’’; and ticipant under subsection (c) by requiring pension, and discipline of law enforcement (3) by inserting after paragraph (21) the fol- submission of an application to the Director officers; and lowing: at such time, in such manner, and based on (2) best practices for community trans- ‘‘(22) for a law enforcement agency that such competitive criteria as the Director parency and optimal administration of a law has a substantially different racial and eth- may require. enforcement agency. nic demographic makeup than the commu- SEC. 813. ONLINE EDUCATION RESOURCES. SEC. 902. STUDY. nity served by the agency, to hire recruiters (a) IN GENERAL.—The Commission shall (a) WEBSITE.—The Director shall maintain and enroll law enforcement officer can- on the website of the National Museum of conduct a study on the establishment and didates in law enforcement academies to be- African American History and Culture a spe- operation of use of force review boards by come career law enforcement officers who cial section designated for education re- States and units of local government, where- have racial and ethnic demographic charac- in citizens can assist law enforcement agen- sources to improve awareness and under- teristics similar to the community;’’. cies in reviewing use of force incidents. standing of the history of racism in the (b) INCLUSION IN COMMISSION RECOMMENDA- SEC. 802. REAUTHORIZATION OF LAW ENFORCE- United States and to promote racial rec- MENT GRANT PROGRAMS. TIONS.—The Commission shall include a re- onciliation through best practices to im- (a) EDWARD BYRNE MEMORIAL JUSTICE AS- port on the study conducted under sub- prove relations between law enforcement and SISTANCE GRANT PROGRAM.—Section 511 of section (a), which shall include recommenda- title I of the Omnibus Crime Control and the communities they serve. The website and tions, if any, for best practices for State and Safe Streets Act of 1968 (Public Law 90–351; resources shall be made publicly available. local use of force review boards, as well as 82 Stat. 197), as so redesignated by this Act, (b) INFORMATION DISTRIBUTION.—The Direc- best practices for developing standards for is amended by striking ‘‘this subpart tor shall distribute information about the law enforcement officer due process, in the $1,095,000,000 for each of the fiscal years 2006 activities funded under this subtitle through recommendations of the Commission re- through 2012’’ and inserting ‘‘this subpart, the website of the National Museum of Afri- quired under section 705. can American History and Culture, and shall including sections 508, 509, and 510, SEC. 903. MENTAL HEALTH STUDY. respond to inquiries for supplementary infor- $800,000,000 for each of fiscal years 2021 (a) IN GENERAL.—The Commission shall through 2025’’. mation concerning such activities. conduct a study on law enforcement officer (b) REAUTHORIZATION OF COPS ON THE BEAT (c) BEST PRACTICES.—The information dis- training, crisis intervention teams, co-re- GRANT PROGRAM.—Section 1001(a)(11)(A) of tributed by the Director shall include best sponder programs, personnel requirements, title I of the Omnibus Crime Control and practices for educators. Federal resources, and pilot programs needed Safe Streets Act of 1968 (34 U.S.C. SEC. 814. NATIONAL MUSEUM OF AFRICAN AMER- to improve nationwide law enforcement offi- 10261(a)(11)(A)) is amended by striking ‘‘part ICAN HISTORY AND CULTURE COUN- cer engagement on issues related to mental Q, to remain available until expended CIL. health, homelessness, and addiction. $1,047,119,000 for each of fiscal years 2006 The National Museum of African American (b) INCLUSION IN COMMISSION RECOMMENDA- through 2009’’ and inserting ‘‘part Q, includ- History and Culture Council established TIONS.—The Commission shall include a re- ing section 1701(n), to remain available until under section 5 of the National Museum of port on the study conducted under sub- expended $400,000,000 for each of fiscal years African American History and Culture Act section (a), which shall include recommenda- 2021 through 2025’’. (20 U.S.C. 80r-3), shall have governance re- tions, if any, in the recommendations of the Subtitle B—Training sponsibility for the programs and activities Commission required under section 705. SEC. 811. DEFINITIONS. carried out under this subtitle in accordance SEC. 904. STUDY AND PROPOSAL ON IMPROVING In this subtitle: with the National Museum of African Amer- ACCOUNTABILITY FOR DOJ GRANTS. (1) DIRECTOR.—The term ‘‘Director’’ means ican History and Culture Act (20 U.S.C. 80r). (a) DEFINITIONS.—In this section— the Director of the National Museum of Afri- SEC. 815. ENGAGEMENT OF ELIGIBLE PROGRAM (1) the term ‘‘covered grant’’ means a can American History and Culture. PARTICIPANTS. grant awarded under a covered grant pro- (2) ELIGIBLE PROGRAM PARTICIPANT.—The (a) IN GENERAL.—An eligible program par- gram; and term ‘‘eligible program participant’’ means a ticipant shall be engaged at the discretion of (2) the term ‘‘covered grant program’’ Federal, State, or local law enforcement offi- the Director to participate in education pro- means— cer or recruiter, or a candidate in a law en- gram activities authorized under this sub- (A) the Edward Byrne Memorial Justice forcement academy. title and approved by the Director pursuant Assistance Grant Program under subpart 1 of SEC. 812. PROGRAM AUTHORIZED. to an application described in section 812(d). part E of title I of the Omnibus Crime Con- (a) DIRECT APPROPRIATIONS.— For the pur- (b) ENGAGEMENT PERIOD.—Engagement of trol and Safe Streets Act of 1968 (34 U.S.C. pose of carrying out this subtitle, there is eligible program participants under this sub- 10151 et seq.);

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.014 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE June 25, 2020 CONGRESSIONAL RECORD — HOUSE H2501 (B) the ‘‘Cops on the Beat’’ program under (1) in paragraph (5), by striking ‘‘and’’ at (2) 75 percent of such funds for any of the part Q of title I of the Omnibus Crime Con- the end; permissible uses of funds under the grant trol and Safe Streets Act of 1968 (34 U.S.C. (2) in paragraph (6), by striking the period program described in paragraph (2) of sub- 10381 et seq.); and at the end and inserting ‘‘; and’’; and section (d). (C) any other grant program administered (3) by inserting after paragraph (6) the fol- (g) DIRECT APPROPRIATIONS.—For the pur- by the Attorney General that provides funds lowing: pose of making grants under this section, to law enforcement agencies. ‘‘(7) the term ‘Federal law enforcement of- there is authorized to be appropriated, and (b) STUDY AND PROPOSAL.—Not later than 1 ficer’ has the meaning given the term in sec- there is appropriated, out of amounts in the year after the date of enactment of this Act, tion 115.’’. Treasury not otherwise appropriated, for the the Attorney General shall study, and sub- (d) CLERICAL AMENDMENT.—The table of fiscal year ending September 30, 2020, mit to Congress a proposal regarding, the sections for chapter 109A of title 18, United $25,000,000, to remain available until ex- possible implementation of a method to im- States Code, is amended by amending the pended. prove accountability for law enforcement item related to section 2243 to read as fol- (h) DEFINITION.—For purposes of this sec- agencies that receive funds from covered lows: tion, the term ‘‘State’’ means each of the grant programs. ‘‘2243. Sexual abuse of a minor or ward or by several States and the District of Columbia, (c) CONTENTS.—In carrying out subsection any person acting under color Indian Tribes, and the Commonwealth of (b), the Attorney General shall develop dis- of law.’’. Puerto Rico, Guam, American Samoa, the crete performance metrics for law enforce- SEC. 1002. INCENTIVE FOR STATES. Virgin Islands, and the Northern Mariana Is- ment agencies that apply for and receive (a) AUTHORITY TO MAKE GRANTS.—The At- lands. funds from covered grant programs, the pa- torney General is authorized to make grants SEC. 1003. REPORTS TO CONGRESS. rameters of which shall— to States that have in effect a law that— (a) REPORT BY ATTORNEY GENERAL.—Not (1) establish benchmarks of progress, meas- (1) makes it a criminal offense for any per- later than 1 year after the date of enactment ured on a semiannual or annual basis, as ap- son acting under color of law of the State to of this Act, and each year thereafter, the At- propriate; engage in a sexual act (as defined in section torney General shall submit to Congress a (2) require annual accounting by a recipi- 2246 of title 18, United States Code) with an report containing— ent of a covered grant of the progress made individual who has been arrested by, is de- (1) the information required to be reported toward each benchmark described in para- tained by, or is in custody of any law en- to the Attorney General under section graph (1); and forcement officer; and 1002(b); and (3) provide that— (2) prohibits a person charged with an of- (2) information on— (A) the failure to achieve a benchmark de- fense described in paragraph (1) from assert- (A) the number of reports made, during the scribed in paragraph (1) shall constitute a ing the consent of the other individual as a previous year, to Federal law enforcement violation of the grant agreement; defense. agencies regarding persons engaging in a sex- (B) if a recipient does not cure a violation (b) REPORTING REQUIREMENT.—A State that ual act (as defined in section 2246 of title 18, by achieving the applicable benchmark not receives a grant under this section shall sub- United States Code) while acting under color later than 90 days after the date of the viola- mit to the Attorney General, on an annual of law; and tion, the recipient shall return the amounts basis, information on— (B) the disposition of each case in which of the covered grant to the Attorney Gen- (1) the number of reports made to law en- sexual misconduct by a person acting under eral; and forcement agencies in that State regarding color of law was reported. (C) a law enforcement agency that violates persons engaging in a sexual act (as defined (b) REPORT BY GAO.—Not later than 1 year a grant agreement may not apply for a cov- in section 2246 of title 18, United States after the date of enactment of this Act, and ered grant for a period of 1 year. Code) while acting under color of law during each year thereafter, the Comptroller Gen- TITLE X—CLOSING THE LAW the previous year; and eral of the United States shall submit to ENFORCEMENT CONSENT LOOPHOLE ACT (2) the disposition of each case in which Congress a report on any violations of sec- sexual misconduct by a person acting under tion 2243(c) of title 18, United States Code, as SEC. 1001. PROHIBITION ON ENGAGING IN SEX- color of law was reported during the previous amended by section 1001, committed during UAL ACTS WHILE ACTING UNDER year. COLOR OF LAW. the 1-year period covered by the report. (c) APPLICATION.—A State seeking a grant TITLE XI—EMERGENCY FUNDING (a) IN GENERAL.—Section 2243 of title 18, under this section shall submit an applica- United States Code, is amended— tion to the Attorney General at such time, in SEC. 1101. EMERGENCY DESIGNATION. (1) in the section heading, by adding at the such manner, and containing such informa- (a) IN GENERAL.—The amounts provided end the following: ‘‘or by any person acting tion as the Attorney General may reason- under this Act, or an amendment made by under color of law’’; ably require, including information about this Act, are designated as an emergency re- (2) by redesignating subsections (c) and (d) the law described in subsection (a). quirement pursuant to section 4(g) of the as subsections (d) and (e), respectively; (d) GRANT AMOUNT.—The amount of a grant Statutory Pay-As-You-Go Act of 2010 (2 (3) by inserting after subsection (b) the fol- to a State under this section shall be in an U.S.C. 933(g)). lowing: amount that is not greater than 10 percent of (b) DESIGNATION IN SENATE.—In the Senate, ‘‘(c) OFANINDIVIDUAL BY ANY PERSON ACT- the average of the total amount of funding of this Act, and the amendments made by this ING UNDER COLOR OF LAW.— the 3 most recent awards that the State re- Act, is designated as an emergency require- ‘‘(1) IN GENERAL.—Whoever, acting under ceived under the following grant programs: ment pursuant to section 4112(a) of H. Con. color of law, knowingly engages in a sexual (1) Part T of title I of the Omnibus Crime Res. 71 (115th Congress), the concurrent reso- act with an individual who has been arrested Control and Safe Streets Act of 1968 (34 lution on the budget for fiscal year 2018. by, is detained by, or is in custody of any U.S.C. 10441 et seq.) (commonly referred to as Mr. STAUBER (during the reading). Federal law enforcement officer, shall be the ‘‘STOP Violence Against Women For- Mr. Speaker, I ask unanimous consent fined under this title, imprisoned not more mula Grant Program’’). than 15 years, or both. to dispense with the reading of the bill. (2) Section 41601 of the Violence Against The SPEAKER pro tempore. Is there ‘‘(2) DEFINITION.—In this subsection, the Women Act of 1994 (34 U.S.C. 12511) (com- term ‘sexual act’ has the meaning given the monly referred to as the ‘‘Sexual Assault objection to the request of the gen- term in section 2246.’’; and Services Program’’). tleman from Minnesota? (4) in subsection (d), as so redesignated, by (e) GRANT TERM.— There was no objection. adding at the end the following: (1) IN GENERAL.—The Attorney General The SPEAKER pro tempore. Pursu- ‘‘(3) In a prosecution under subsection (c), shall provide an increase in the amount pro- ant to the rule, the gentleman from it is not a defense that the other individual vided to a State under the grant programs Minnesota is recognized for 5 minutes consented to the sexual act.’’. described in subsection (d) for a 2-year pe- in support of his motion. (b) ABUSIVE SEXUAL CONTACT.—Section riod. Mr. STAUBER. Mr. Speaker, I rise 2244(a) of title 18, United States Code, is (2) RENEWAL.—A State that receives a amended by— grant under this section may submit an ap- today to talk about two stories, two (1) in paragraph (4), by striking ‘‘or’’ at the plication for a renewal of such grant at such parallel stories that are not conflicting end; time, in such manner, and containing such but coexist in our world today. (2) by redesignating paragraph (5) as para- information as the Attorney General may The first story is that of a police offi- graph (6); and reasonably require. cer in Anytown, USA, the police officer (3) by inserting after paragraph (4) the fol- (3) LIMIT.—A State may not receive a grant who swore a solemn oath to serve and lowing: under this section for more than 4 years. protect her community and who every ‘‘(5) subsection (c) of section 2243 of this (f) USES OF FUNDS.—A State that receives a day proudly puts on the badge, gets in title had the sexual contact been a sexual grant under this section shall use— act, shall be fined under this title, impris- (1) 25 percent of such funds for any of the her car, and goes to her job knowing oned not more than 15 years, or both; or’’. permissible uses of funds under the grant full well that she may not come home. (c) DEFINITION.—Section 2246 of title 18, program described in paragraph (1) of sub- She has a family and kids whom she United States Code, is amended— section (d); and wants to see graduate. She still puts on

VerDate Sep 11 2014 13:24 Jun 26, 2020 Jkt 099060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.014 H25JNPT1 SSpencer on DSK126QN23PROD with HOUSE H2502 CONGRESSIONAL RECORD — HOUSE June 25, 2020 the badge every day because she cares leaders of this Nation and advance real nism to hold law enforcement officers deeply about making her community a and much-needed police reform. accountable in court for their mis- better and safer place. Mr. Speaker, vote ‘‘yes’’ on this mo- conduct. I know this story well from my 23 tion to recommit. It does not address mens rea, a stand- years as a law enforcement officer. It is I yield back the balance of my time. ard that should be the basis of due a narrative of pride that needs to be Ms. BASS. Mr. Speaker, I rise today process. For too long, it has allowed known and heard. It is a narrative that in opposition to the motion to recom- law enforcement officers to evade deserves admiration and respect. mit. criminal liability for excessive force. The second story is of a Black teen- The SPEAKER pro tempore. The gen- It is absolutely imperative that any ager also in Anytown, USA, who tlewoman from California is recognized meaningful policing reform contain ac- watched Walter Scott get shot in the for 5 minutes. countability. It fails the moment. back in South Carolina, who saw Ms. BASS. Mr. Speaker, there is b 1900 Ahmaud Arbery go out for a jog and nothing new under the Sun. The Black not come back, and who saw George people have battled police brutality TIM SCOTT introduced the Walter Floyd murdered at the hands of police since policing began in this Nation. Scott bill many years ago. It has yet to and who is genuinely afraid and uncer- But times have changed; our country see the light of day in the United tain that, if he leaves his home and has changed. States Senate. goes out to the store for his mother, he A few years ago, we had to explain Where is the party of Lincoln? may not come back. that racism still exists despite the The JUSTICE Act has little to do These communities feel abandoned, election of Barack Obama, twice. Now, with the urgent need, the cry of our they feel left behind by their govern- 76 percent of Americans consider rac- people, or those gathering around me ment, and by sitting in this Chamber ism and discrimination a big problem. in Cuney Homes who came to me, today and bringing up a bill that is so That is progress. friends of George Floyd, who knew Big partisan that it will go nowhere after A few years ago, we had to explain Floyd, and said, ‘‘What does this bill its consideration here, the majority is why we say Black lives matter. Now, 67 do? Will it do anything?’’ proving them right. The majority is percent of Americans support the And as I told them about the bill, un- telling that Black teenager and that Black Lives Matter movement. like this George Floyd Act, which re- officer that their concerns can wait Just a few weeks ago, we had to ex- purposes existing grant moneys, I let until after election day. plain the anger and frustration we saw them know that this bill will give Mr. Speaker, my motion to recommit unfolding in the streets. But, again, 67 money to community groups, not give asks that we consider both stories, percent of registered voters supported bunches of dollars to those who will both perspectives. My motion to re- the peaceful protest in response to continue the same patterns. commit, which is the JUSTICE Act, George Floyd’s death. For too long, the disciplinary and was the product of Senator TIM SCOTT’s This is a powerful moment for our misconduct records of officers who pose and my sharing two different stories Nation, and there is a powerful move- a knowing threat to public safety have and finding solutions that inspire real ment in our Nation, a rainbow move- been shielded from the public in a man- change. The JUSTICE Act makes the ment reflecting the wonderful diversity ner that has resulted in great harm to necessary reforms that should have of the whole world. Protests have the communities they are entrusted to. been made a long time ago. taken place in over 60 countries and on Our bill shines the light. I know, when it comes to hiring an every continent. Thousands are march- The Senate bill and the motion to re- officer, there is no room for mistakes. ing in the streets screaming, ‘‘I can’t commit does nothing but closes the This JUSTICE Act improves access to breathe.’’ They are screaming for door and says nothing about Black prior disciplinary records, ensuring change, transformative change, change Lives Matter. In fact, it is a system that officers who continuously act out- that finally ends police brutality. that encourages the collection of side of their policies, procedures, and The movement is calling us to act. records. We can give him credit for training can never move from depart- What is your answer? working in a hostile Chamber, but ment to department. I will vote for passage of the George members of the CBC have prioritized It emphasizes community-reflective Floyd Justice in Policing Act. And and made sure that the issues of today recruitment, ensuring the makeup of today my vote will be dedicated to the are important. police departments more closely re- parents of Tamir Rice, because today is Let me be very clear. There are some semble the communities that they his 18th birthday. notable distinctions between the two serve. Mr. Speaker, I ask my colleagues on proposals. It restores investment in community both sides of the aisle to oppose this The House Justice and Policing Act policing. This is a philosophy that you motion to recommit and pass the un- vastly deals with a more systemic ap- don’t police your community; you po- derlying bill. proach to accountability by developing lice with your community. Mr. Speaker, I yield to the gentle- national policing standards and requir- It invests in improved police train- woman from Texas (Ms. JACKSON LEE), ing police departments to gain accredi- ing, with a focus on de-escalation tech- who is my esteemed colleague and tation. It is a friend of police. It gives niques and the duty to intervene. It in- friend and the most senior CBC mem- and deals with professionalizations. It creases funding for body camera usage, ber on the House Judiciary Committee. has a national registry. It is not pri- which helps identify bad officers and Ms. JACKSON LEE. Mr. Speaker, I vate. It is public. It is systemic racism, exonerate the good ones. thank the gentlewoman from Cali- and so we must be transparent. Mr. Speaker, I ask that you vote for fornia for yielding. This fails the moment. The Justice this motion to recommit. I ask that Mr. Speaker, I rise today to ask the and Policing Act takes a multiprong you vote for real change, for reforming question: Where is the party of Lin- approach to eliminating the use of our law enforcement, for implementing coln? chokeholds. In this bill, George Floyd community policing best practices, for Where is the moment of courage would not have lived. In the Justice more body cameras, for de-escalation when the slaves were freed in that mo- and Policing Act, we could have saved training, for duty to intervene, and for ment in 1863? his life and Eric Garner’s. mental health training. This Senate bill, the MTR, does not How does the House bill ban no- I ask that you vote for that officer rise to the occasion of those who are in knock warrants? We do it. who wants to come home to her kids the streets. It fails the moment. It does And the Senate bill, all it does is and for that Black teenager who, not require anything. It does not ban, study. We have no time for studying. It today, feels left behind. require, or create. must be accountable time now. Now is At a time when so many feel divided The Senate bill is threadbare and the time. and our Nation needs healing, let us be lacking in substance. It does not even Can you believe that the JUSTICE the shining city upon the hill. Let us provide a proper baseline for negotia- bill, Senator SCOTT’s bill, this bill does stand together as one Congress and as tion. It does not contain any mecha- not have anything in it about use of

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Mr. Speaker, I believe we have a list Mr. Speaker, I ask my brothers and Reg. 6544 (February 8, 2012), or any successor of some of those winners thus far, and sisters: Where is the party of Lincoln? thereto. I would love to read those names into Where is the party of the Constitu- The SPEAKER pro tempore. Pursu- the RECORD. tion that says we create a more perfect ant to the rule, the gentleman from The Patents for Humanity Program union to create justice? Georgia (Mr. JOHNSON) and the gen- highlights the ways that innovation Mr. Speaker, this bill here is the cry tleman from Virginia (Mr. CLINE) each and intellectual property can help of those who have never been heard. It will control 20 minutes. solve global humanitarian challenges. gives us a pathway for success. I am The Chair recognizes the gentleman Past award recipients have created glad to stand with the Congressional from Georgia. low-cost phototherapy devices to treat Black Caucus and the Justice Depart- GENERAL LEAVE infants with jaundice and distributed ment to say that this bill has to pass, Mr. JOHNSON of Georgia. Mr. Speak- chemical packets that removed con- the Justice and Policing Act named er, I ask unanimous consent that all taminants from drinking water, to after George Floyd. Members have 5 legislative days to re- name just a few. Winners receive a cer- Ms. BASS. Mr. Speaker, I yield back vise and extend their remarks and in- tificate that allows them, as I said, to the balance of my time. clude extraneous material on the bill accelerate certain patent matters at The SPEAKER pro tempore. Without under consideration. the USPTO. objection, the previous question is or- The SPEAKER pro tempore. Is there Mr. Speaker, I would read into the dered on the motion to recommit. objection to the request of the gen- RECORD the names of some award win- There was no objection. tleman from Georgia? ners to you: The SPEAKER pro tempore. The There was no objection. In 2018, Russell Crawford won the question is on the motion to recommit. Mr. JOHNSON of Georgia. Mr. Speak- award for creating tools for low-cost The question was taken; and the er, I yield myself such time as I may drilling of water wells to reach deep Speaker pro tempore announced that consume. aquifers free from soil contaminants. the noes appeared to have it. Mr. Speaker, I rise in support of H.R. The organization, Brooklyn Bridge to Mr. STAUBER. Mr. Speaker, on that 7259, which strengthens the U.S. Patent Cambodia, Incorporated, won in 2018 I demand the yeas and nays. and Trademark Offices’ Patents for Hu- for creating an affordable rice planting The SPEAKER pro tempore. Pursu- manity Awards competition by allow- device that helps Cambodian farmers ant to section 3 of House Resolution ing the competition’s prize to be trans- improve their crop yields and which 965, the yeas and nays are ordered. ferable to third parties, introduced by minimizes the number of farmers— Pursuant to clause 8 of rule XX, fur- my colleague, LUCY MCBATH, the Rep- mostly women—who have to work in ther proceedings on this question are resentative from the great State of the most exhausting and unhealthy postponed. Georgia. conditions. f Mr. Speaker, H.R. 7259 has bipartisan Also, the firm, Solight Design, won support. As chairman of the Committee the award in 2018 for designing a port- ANNOUNCEMENT BY THE SPEAKER on the Judiciary’s Intellectual Prop- able solar light that has been distrib- PRO TEMPORE erty Subcommittee, I am proud to co- uted to over 200,0000 people worldwide, The SPEAKER pro tempore. Pursu- sponsor this legislation alongside Rep- including many in refugee camps. ant to clause 8 of rule XX, the Chair resentative MARTHA ROBY, ranking Also, the firm, Sanivation, LLC, for will postpone further proceedings member of the subcommittee, and our designing a waste processing plant that today on motions to suspend the rules subcommittee colleague, Representa- transforms human waste into sanitary on which a recorded vote or the yeas tive BEN CLINE. briquettes that replace wood and char- and nays are ordered. Intellectual property and innovation coal for heating and cooking, with four The House will resume proceedings are what help our country flourish. In plants serving 10,000 people in Kenya on postponed questions at a later time. Congress, we have been committed to by the end of the year. f ensuring that the intellectual property And also, in 2018, Because Inter- system incentivizes innovation to the national won the award for distrib- PATENTS FOR HUMANITY greatest extent possible. uting 180,000 pairs of resizable shoes in PROGRAM IMPROVEMENT ACT Through its support for the USPTO’s over 95 countries, with local manufac- Mr. JOHNSON of Georgia. Mr. Speak- Patents For Humanity Program, this turing taking place in Ethiopia, and er, I move to suspend the rules and bill accomplishes that goal. And I want plans for Haiti and Kenya. pass the bill (H.R. 7259) to allow accel- to read a little bit from the USPTO.gov And there are a number of others eration certificates awarded under the website about the Patents for Human- that have won this prestigious Patents Patents for Humanity Program to be ity Program. for Humanity Award. All the way back transferable. How do patents help improve lives to 2013, American Standard, SunPower The Clerk read the title of the bill. globally through inspired innovators Corporation, Nutriset, Golden Rice, The text of the bill is as follows: making a difference? And I will quote GRIT: Global Research Innovation and H.R. 7259 here: ‘‘Patents for Humanity is the Technology. And also, Nokero, DuPont Be it enacted by the Senate and House of Rep- USPTO’s awards program for those Pioneer. And last but not least, resentatives of the United States of America in using game-changing technology to ad- Intermark Partners Strategic Manage- Congress assembled, dress global challenges. It provides ment, LLP. SECTION 1. SHORT TITLE. business incentives for patent holders Mr. Speaker, all should be com- This Act may be cited as the ‘‘Patents for who find ways to reach underserved mended for winning this prestigious Humanity Program Improvement Act’’. communities. These success stories can award and contributing to the better- SEC. 2. TRANSFERABILITY OF ACCELERATION help others learn how to harness inno- ment of humanity. CERTIFICATES. vation for human progress. All patent Mr. Speaker, under H.R. 7259, award (a) IN GENERAL.—A holder of an accelera- holders can participate,’’ it says. winners will be able to transfer this ac- tion certificate issued pursuant to the Pat- Since 2012, the program has given 21 celeration certificate to third parties. ents for Humanity Program (established in awards, not just to big companies, but This will strengthen participation in the notice entitled ‘‘Humanitarian Awards Pilot Program’’, published at 77 Fed. Reg. also small and medium-sized enter- the Patents for Humanity Program and 6544 (February 8, 2012)), or any successor prises, startups, universities, and non- further encourage the use of innova- thereto, of the United States Patent and profits. Together, their work has im- tion and the intellectual property for Trademark Office, may transfer (including proved millions of lives around the critical humanitarian purposes.

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