March 3, 2021 CONGRESSIONAL RECORD — HOUSE H1039 Zimbabwe and to maintain in force the in the Federal Register and transmits to Mr. RODNEY DAVIS of Illinois. Mr. sanctions to respond to this threat. the Congress a notice stating that the Speaker, on that I demand the yeas JOSEPH R. BIDEN, Jr. emergency is to continue in effect be- and nays. THE WHITE HOUSE, March 2, 2021. yond the anniversary date. In accord- The SPEAKER pro tempore. Pursu- f ance with this provision, I have sent to ant to section 3(s) of House Resolution the Federal Register for publication the 8, the yeas and nays are ordered. CONTINUATION OF THE NATIONAL enclosed notice stating that the na- Pursuant to clause 8 of rule XX, fur- EMERGENCY WITH RESPECT TO tional emergency declared in Executive ther proceedings on this question are UKRAINE—MESSAGE FROM THE Order 13692 of March 8, 2015, with re- postponed. PRESIDENT OF THE UNITED spect to the situation in Venezuela is Pursuant to clause 1(c) of rule XIX, STATES (H. DOC. NO. 117–21) to continue in effect beyond March 8, further consideration of H.R. 1 is post- The SPEAKER pro tempore laid be- 2021. poned. fore the House the following message The situation in Venezuela continues f from the President of the United to pose an unusual and extraordinary States; which was read and, together threat to the national security and for- GEORGE FLOYD JUSTICE IN with the accompanying papers, referred eign policy of the United States. There- POLICING ACT OF 2021 to the Committee on Foreign Affairs fore, I have determined that it is nec- Mr. NADLER. Mr. Speaker, pursuant and ordered to be printed: essary to continue the national emer- to House Resolution 179, I call up the gency declared in Executive Order 13692 To the Congress of the United States: bill (H.R. 1280) to hold law enforcement with respect to the situation in Ven- accountable for misconduct in court, Section 202(d) of the National Emer- ezuela. gencies Act (50 U.S.C. 1622(d)) provides improve transparency through data JOSEPH R. BIDEN, Jr. collection, and reform police training for the automatic termination of a na- THE WHITE HOUSE, March 2, 2021. tional emergency unless, within 90 and policies, and ask for its immediate f days prior to the anniversary date of consideration. its declaration, the President publishes RECESS The Clerk read the title of the bill. The SPEAKER pro tempore. Pursu- in the Federal Register and transmits to The SPEAKER pro tempore. Pursu- ant to House Resolution 179, the bill is the Congress a notice stating that the ant to clause 12(a) of rule I, the Chair considered read. emergency is to continue in effect be- declares the House in recess subject to The text of the bill is as follows: yond the anniversary date. In accord- the call of the Chair. ance with this provision, I have sent to Accordingly (at 1 o’clock and 58 min- H.R. 1280 the Federal Register for publication the utes p.m.), the House stood in recess. Be it enacted by the Senate and House of Rep- resentatives of the United States of America in enclosed notice stating that the na- f tional emergency declared in Executive Congress assembled, 1815 Order 13660 of March 6, 2014, with re- b SECTION 1. SHORT TITLE; TABLE OF CONTENTS. spect to Ukraine is to continue in ef- AFTER RECESS (a) SHORT TITLE.—This Act may be cited as the ‘‘George Floyd Justice in Policing Act of fect beyond March 6, 2021. The recess having expired, the House 2021’’. The actions and policies of persons was called to order by the Speaker pro (b) TABLE OF CONTENTS.—The table of con- that undermine democratic processes tempore (Mr. ESPAILLAT) at 6 o’clock tents for this Act is as follows: and institutions in Ukraine; threaten and 15 minutes p.m. Sec. 1. Short title; table of contents. its peace, security, stability, sov- f Sec. 2. Definitions. ereignty, and territorial integrity; and FOR THE PEOPLE ACT OF 2021 TITLE I—POLICE ACCOUNTABILITY contribute to the misappropriation of Subtitle A—Holding Police Accountable in its assets, and the actions and policies The SPEAKER pro tempore. Pursu- the Courts ant to clause 1(c) of rule XIX, further of the Government of the Russian Fed- Sec. 101. Deprivation of rights under color of eration, including its purported annex- consideration of the bill (H.R. 1) to ex- law. ation of Crimea and its use of force in pand Americans’ access to the ballot Sec. 102. Qualified immunity reform. Ukraine, continue to pose an unusual box, reduce the influence of big money Sec. 103. Pattern and practice investiga- and extraordinary threat to the na- in politics, strengthen ethics rules for tions. tional security and foreign policy of public servants, and implement other Sec. 104. Independent investigations. the United States. Therefore, I have de- anti-corruption measures for the pur- Subtitle B—Law Enforcement Trust and termined that it is necessary to con- pose of fortifying our democracy, and Integrity Act tinue the national emergency declared for other purposes, will now resume. Sec. 111. Short title. in Executive Order 13660 with respect The Clerk read the title of the bill. Sec. 112. Definitions. to Ukraine. MOTION TO RECOMMIT Sec. 113. Accreditation of law enforcement agencies. JOSEPH R. BIDEN, JR. Mr. RODNEY DAVIS of Illinois. Mr. Sec. 114. Law enforcement grants. THE WHITE HOUSE, March 2, 2021. Speaker, I have a motion to recommit Sec. 115. Attorney General to conduct study. f at the desk. Sec. 116. Authorization of appropriations. The SPEAKER pro tempore. The Sec. 117. National task force on law enforce- CONTINUATION OF THE NATIONAL Clerk will report the motion to recom- EMERGENCY WITH RESPECT TO ment oversight. mit. Sec. 118. Federal data collection on law en- VENEZUELA—MESSAGE FROM The Clerk read as follows: forcement practices. THE PRESIDENT OF THE UNITED Mr. Rodney Davis of Illinois moves to re- TITLE II—POLICING TRANSPARENCY STATES (H. DOC. NO. 117–22) commit the bill H.R. 1 to the Committee on THROUGH DATA House Administration. The SPEAKER pro tempore laid be- Subtitle A—National Police Misconduct fore the House the following message The material previously referred to Registry from the President of the United by Mr. RODNEY DAVIS of Illinois is as Sec. 201. Establishment of National Police States; which was read and, together follows: Misconduct Registry. with the accompanying papers, referred Strike subtitle B of title V. Sec. 202. Certification requirements for hir- Strike section 5218. ing of law enforcement officers. to the Committee on Foreign Affairs The SPEAKER pro tempore. Pursu- Subtitle B—PRIDE Act and ordered to be printed: ant to clause 2(b) of rule XIX, the pre- To the Congress of the United States: vious question is ordered on the motion Sec. 221. Short title. Sec. 222. Definitions. Section 202(d) of the National Emer- to recommit. gencies Act (50 U.S.C. 1622(d)) provides Sec. 223. Use of force reporting. The question is on the motion to re- Sec. 224. Use of force data reporting. for the automatic termination of a na- commit. Sec. 225. Compliance with reporting require- tional emergency unless, within 90 The question was taken; and the ments. days prior to the anniversary date of Speaker pro tempore announced that Sec. 226. Federal law enforcement reporting. its declaration, the President publishes the noes appeared to have it. Sec. 227. Authorization of appropriations.

VerDate Sep 11 2014 06:09 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0655 E:\CR\FM\A03MR7.026 H03MRPT1 SSpencer on DSK126QN23PROD with HOUSE H1040 CONGRESSIONAL RECORD — HOUSE March 3, 2021 TITLE III—IMPROVING POLICE TRAINING without regard to whether the funds are identify or assist in identifying an indi- AND POLICIES characterized as being made available under vidual. Subtitle A—End Racial and Religious the Edward Byrne Memorial State and Local TITLE I—POLICE ACCOUNTABILITY Profiling Act Law Enforcement Assistance Programs, the Subtitle A—Holding Police Accountable in Sec. 301. Short title. Local Government Law Enforcement Block the Courts Grants Program, the Edward Byrne Memo- Sec. 302. Definitions. SEC. 101. DEPRIVATION OF RIGHTS UNDER rial Justice Assistance Grant Program, or PART I—PROHIBITION OF RACIAL PROFILING COLOR OF LAW. otherwise. Section 242 of title 18, United States Code, Sec. 311. Prohibition. (2) COPS GRANT PROGRAM.—The term is amended— Sec. 312. Enforcement. ‘‘COPS grant program’’ means the grant pro- (1) by striking ‘‘willfully’’ and inserting PART II—PROGRAMS TO ELIMINATE RACIAL gram authorized under section 1701 of title I ‘‘knowingly or recklessly’’; PROFILING BY FEDERAL LAW ENFORCEMENT of the Omnibus Crime Control and Safe (2) by striking ‘‘, or may be sentenced to AGENCIES Streets Act of 1968 (34 U.S.C. 10381). death’’; and Sec. 321. Policies to eliminate racial (3) FEDERAL LAW ENFORCEMENT AGENCY.— (3) by adding at the end the following: ‘‘For profiling. The term ‘‘Federal law enforcement agency’’ purposes of this section, an act shall be con- PART III—PROGRAMS TO ELIMINATE RACIAL means any agency of the United States au- sidered to have resulted in death if the act PROFILING BY STATE AND LOCAL LAW EN- thorized to engage in or supervise the pre- was a substantial factor contributing to the FORCEMENT AGENCIES vention, detection, investigation, or prosecu- death of the person.’’. tion of any violation of Federal criminal Sec. 331. Policies required for grants. SEC. 102. QUALIFIED IMMUNITY REFORM. law. Sec. 332. Involvement of Attorney General. Section 1979 of the Revised Statutes of the (4) FEDERAL LAW ENFORCEMENT OFFICER.— Sec. 333. Data collection demonstration United States (42 U.S.C. 1983) is amended by The term ‘‘Federal law enforcement officer’’ project. adding at the end the following: ‘‘It shall not has the meaning given the term in section Sec. 334. Development of best practices. be a defense or immunity in any action 115 of title 18, United States Code. Sec. 335. Authorization of appropriations. brought under this section against a local (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ law enforcement officer (as such term is de- PART IV—DATA COLLECTION has the meaning given the term ‘‘Indian fined in section 2 of the George Floyd Justice Sec. 341. Attorney General to issue regula- tribe’’ in section 901 of title I of the Omnibus in Policing Act of 2021), or in any action tions. Crime Control and Safe Streets Act of 1968 under any source of law against a Federal in- Sec. 342. Publication of data. (34 U.S.C. 10251). vestigative or law enforcement officer (as Sec. 343. Limitations on publication of data. (6) LOCAL LAW ENFORCEMENT OFFICER.—The such term is defined in section 2680(h) of title PART V—DEPARTMENT OF JUSTICE REGULA- term ‘‘local law enforcement officer’’ means 28, United States Code), that— TIONS AND REPORTS ON RACIAL PROFILING IN any officer, agent, or employee of a State or ‘‘(1) the defendant was acting in good faith, THE UNITED STATES unit of local government authorized by law or that the defendant believed, reasonably or Sec. 351. Attorney General to issue regula- or by a government agency to engage in or otherwise, that his or her conduct was lawful tions and reports. supervise the prevention, detection, or inves- at the time when the conduct was com- tigation of any violation of criminal law. Subtitle B—Additional Reforms mitted; or (7) STATE.—The term ‘‘State’’ has the ‘‘(2) the rights, privileges, or immunities Sec. 361. Training on racial bias and duty to meaning given the term in section 901 of secured by the Constitution and laws were intervene. title I of the Omnibus Crime Control and not clearly established at the time of their Sec. 362. Ban on no-knock warrants in drug Safe Streets Act of 1968 (34 U.S.C. 10251). deprivation by the defendant, or that at such cases. (8) TRIBAL LAW ENFORCEMENT OFFICER.— time, the state of the law was otherwise such Sec. 363. Incentivizing banning of The term ‘‘tribal law enforcement officer’’ that the defendant could not reasonably chokeholds and carotid holds. means any officer, agent, or employee of an have been expected to know whether his or Sec. 364. PEACE Act. Indian tribe, or the Bureau of Indian Affairs, her conduct was lawful.’’. Sec. 365. Stop Militarizing Law Enforcement authorized by law or by a government agen- SEC. 103. PATTERN AND PRACTICE INVESTIGA- Act. cy to engage in or supervise the prevention, TIONS. Sec. 366. Public safety innovation grants. detection, or investigation of any violation (a) SUBPOENA AUTHORITY.—Section 210401 Subtitle C—Law Enforcement Body Cameras of criminal law. of the Violent Crime Control and Law En- PART 1—FEDERAL POLICE CAMERA AND (9) UNIT OF LOCAL GOVERNMENT.—The term forcement Act of 1994 (34 U.S.C. 12601) is ACCOUNTABILITY ACT ‘‘unit of local government’’ has the meaning amended— given the term in section 901 of title I of the Sec. 371. Short title. (1) in subsection (a), by inserting ‘‘, by Omnibus Crime Control and Safe Streets Act Sec. 372. Requirements for Federal law en- prosecutors,’’ after ‘‘conduct by law enforce- of 1968 (34 U.S.C. 10251). forcement officers regarding ment officers’’; (10) DEADLY FORCE.—The term ‘‘deadly the use of body cameras. (2) in subsection (b), by striking ‘‘para- force’’ means that force which a reasonable Sec. 373. Patrol vehicles with in-car video graph (1)’’ and inserting ‘‘subsection (a)’’; person would consider likely to cause death recording cameras. and or serious bodily harm, including— Sec. 374. Facial recognition technology. (3) by adding at the end the following: (A) the discharge of a firearm; Sec. 375. GAO study. ‘‘(c) SUBPOENA AUTHORITY.—In carrying (B) a maneuver that restricts blood or oxy- Sec. 376. Regulations. out the authority in subsection (b), the At- Sec. 377. Rule of construction. gen flow to the brain, including chokeholds, torney General may require by subpoena the strangleholds, neck restraints, neckholds, production of all information, documents, PART 2—POLICE CAMERA ACT and carotid artery restraints; and reports, answers, records, accounts, papers, Sec. 381. Short title. (C) multiple discharges of an electronic and other data in any medium (including Sec. 382. Law enforcement body-worn cam- control weapon. electronically stored information), as well as era requirements. (11) USE OF FORCE.—The term ‘‘use of any tangible thing and documentary evi- TITLE IV—CLOSING THE LAW force’’ includes— dence, and the attendance and testimony of ENFORCEMENT CONSENT LOOPHOLE (A) the use of a firearm, electronic control witnesses necessary in the performance of Sec. 401. Short title. weapon, explosive device, chemical agent the Attorney General under subsection (b). Sec. 402. Prohibition on engaging in sexual (such as pepper spray), baton, impact projec- Such a subpoena, in the case of contumacy acts while acting under color of tile, blunt instrument, hand, fist, foot, ca- or refusal to obey, shall be enforceable by law. nine, or vehicle against an individual; order of any appropriate district court of the Sec. 403. Enactment of laws penalizing en- (B) the use of a weapon, including a per- United States. gaging in sexual acts while act- sonal body weapon, chemical agent, impact ‘‘(d) CIVIL ACTION BY STATE ATTORNEYS ing under color of law. weapon, extended range impact weapon, GENERAL.—Whenever it shall appear to the Sec. 404. Reports to Congress. sonic weapon, sensory weapon, conducted en- attorney general of any State, or such other Sec. 405. Definition. ergy device, or firearm, against an indi- official as a State may designate, that a vio- vidual; or lation of subsection (a) has occurred within TITLE V—MISCELLANEOUS PROVISIONS (C) any intentional pointing of a firearm at their State, the State attorney general or of- Sec. 501. Severability. an individual. ficial, in the name of the State, may bring a Sec. 502. Savings clause. (12) LESS LETHAL FORCE.—The term ‘‘less civil action in the appropriate district court SEC. 2. DEFINITIONS. lethal force’’ means any degree of force that of the United States to obtain appropriate In this Act: is not likely to cause death or serious bodily equitable and declaratory relief to eliminate (1) BYRNE GRANT PROGRAM.—The term injury. the pattern or practice. In carrying out the ‘‘Byrne grant program’’ means any grant (13) FACIAL RECOGNITION.—The term ‘‘facial authority in this subsection, the State attor- program under subpart 1 of part E of title I recognition’’ means an automated or semi- ney general or official shall have the same of the Omnibus Crime Control and Safe automated process that analyzes biometric subpoena authority as is available to the At- Streets Act of 1968 (34 U.S.C. 10151 et seq.), data of an individual from video footage to torney General under subsection (c).

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‘‘(e) RULE OF CONSTRUCTION.—Nothing in SEC. 104. INDEPENDENT INVESTIGATIONS. (b) COPS GRANT PROGRAM USED FOR CIVIL- this section may be construed to limit the (a) IN GENERAL.— IAN REVIEW BOARDS.—Part Q of title I of the authority of the Attorney General under sub- (1) DEFINITIONS.—In this subsection: of the Omnibus Crime Control and Safe section (b) in any case in which a State at- (A) INDEPENDENT INVESTIGATION.—The term Streets Act of 1968 (34 U.S.C. 10381 et seq.) is torney general has brought a civil action ‘‘independent investigation’’ means a crimi- amended— under subsection (d). nal investigation or prosecution of a law en- (1) in section 1701(b) (34 U.S.C. 10381(b))— ‘‘(f) REPORTING REQUIREMENTS.—On the forcement officer’s use of deadly force, in- (A) by redesignating paragraphs (22) and date that is one year after the enactment of cluding one or more of the following: (23) as paragraphs (23) and (24), respectively; the George Floyd Justice in Policing Act of (i) Using an agency or civilian review (B) in paragraph (23), as so redesignated, by 2021, and annually thereafter, the Civil board that investigates and independently striking ‘‘(21)’’ and inserting ‘‘(22)’’; and Rights Division of the Department of Justice reviews all allegations of use of deadly force (C) by inserting after paragraph (21) the shall make publicly available on an internet made against law enforcement officers in the following: website a report on, during the previous jurisdiction. ‘‘(22) to develop best practices for and to year— (ii) Assigning of the attorney general of create civilian review boards;’’; and ‘‘(1) the number of preliminary investiga- the State in which the alleged use of deadly (2) in section 1709 (34 U.S.C. 10389), by add- tions of violations of subsection (a) that force was committed to conduct the criminal ing at the end the following: were commenced; investigation and prosecution. ‘‘(8) ‘civilian review board’ means an ad- ‘‘(2) the number of preliminary investiga- (iii) Adopting a procedure under which an ministrative entity that investigates civil- tions of violations of subsection (a) that independent prosecutor is assigned to inves- ian complaints against law enforcement offi- were resolved; and tigate and prosecute the case, including a cers and— ‘‘(3) the status of any pending investiga- procedure under which an automatic referral ‘‘(A) is independent and adequately funded; tions of violations of subsection (a).’’. is made to an independent prosecutor ap- ‘‘(B) has investigatory authority and sub- (b) GRANT PROGRAM.— pointed and overseen by the attorney general poena power; (1) GRANTS AUTHORIZED.—The Attorney of the State in which the alleged use of dead- ‘‘(C) has representative community diver- General may award a grant to a State to as- sity; sist the State in conducting pattern and ly force was committed. (iv) Adopting a procedure under which an ‘‘(D) has policy making authority; practice investigations under section ‘‘(E) provides advocates for civilian com- 210401(d) of the Violent Crime Control and independent prosecutor is assigned to inves- tigate and prosecute the case. plainants; Law Enforcement Act of 1994 (34 U.S.C. ‘‘(F) may conduct hearings; and 12601). (v) Having law enforcement agencies agree to and implement memoranda of under- ‘‘(G) conducts statistical studies on pre- (2) APPLICATION.—A State seeking a grant vailing complaint trends.’’. under paragraph (1) shall submit an applica- standing with other law enforcement agen- Subtitle B—Law Enforcement Trust and tion in such form, at such time, and con- cies under which the other law enforcement Integrity Act taining such information as the Attorney agencies— General may require. (I) shall conduct the criminal investigation SEC. 111. SHORT TITLE. into the alleged use of deadly force; and This subtitle may be cited as the ‘‘Law En- (3) FUNDING.—There are authorized to be forcement Trust and Integrity Act of 2021’’. appropriated $100,000,000 to the Attorney (II) upon conclusion of the criminal inves- General for each of fiscal years 2022 through tigation, shall file a report with the attorney SEC. 112. DEFINITIONS. 2024 to carry out this subsection. general of the State containing a determina- In this subtitle: (c) DATA ON EXCESSIVE USE OF FORCE.— tion regarding whether— (1) COMMUNITY-BASED ORGANIZATION.—The Section 210402 of the Violent Crime Control (aa) the use of deadly force was appro- term ‘‘community-based organization’’ and Law Enforcement Act of 1994 (34 U.S.C. priate; and means a grassroots organization that mon- 12602) is amended— (bb) any action should be taken by the at- itors the issue of police misconduct and that (1) in subsection (a)— torney general of the State. has a local or national presence and member- (A) by striking ‘‘The Attorney General’’ (vi) Any substantially similar procedure to ship, such as the National Association for and inserting the following: ensure impartiality in the investigation or the Advancement of Colored People ‘‘(1) FEDERAL COLLECTION OF DATA.—The prosecution. (NAACP), the American Civil Liberties Attorney General’’; and (B) INDEPENDENT INVESTIGATION OF LAW EN- Union (ACLU), UnidosUS, the National (B) by adding at the end the following: FORCEMENT STATUTE.—The term ‘‘inde- Urban League, the National Congress of ‘‘(2) STATE COLLECTION OF DATA.—The at- pendent investigation of law enforcement American Indians, or the National Asian Pa- torney general of a State may, through ap- statute’’ means a statute requiring an inde- cific American Legal Consortium (NAPALC). propriate means, acquire data about the use pendent investigation in a criminal matter (2) LAW ENFORCEMENT ACCREDITATION ORGA- of excessive force by law enforcement offi- in which— NIZATION.—The term ‘‘law enforcement ac- cers and such data may be used by the attor- (i) one or more of the possible defendants is creditation organization’’ means a profes- ney general in conducting investigations a law enforcement officer; sional law enforcement organization in- under section 210401. This data may not con- (ii) one or more of the alleged offenses in- volved in the development of standards of ac- tain any information that may reveal the volves the law enforcement officer’s use of creditation for law enforcement agencies at identity of the victim or any law enforce- deadly force in the course of carrying out the national, State, regional, or Tribal level, ment officer.’’; and that officer’s duty; and such as the Commission on Accreditation for (2) by amending subsection (b) to read as (iii) the non-Federal law enforcement offi- Law Enforcement Agencies (CALEA). follows: cer’s use of deadly force resulted in a death (3) LAW ENFORCEMENT AGENCY.—The term ‘‘(b) LIMITATION ON USE OF DATA ACQUIRED or injury. ‘‘law enforcement agency’’ means a State, BY THE ATTORNEY GENERAL.—Data acquired (C) INDEPENDENT PROSECUTOR.—The term local, Indian tribal, or campus public agency under subsection (a)(1) shall be used only for ‘‘independent prosecutor’’ means, with re- engaged in the prevention, detection, inves- research or statistical purposes and may not spect to a criminal investigation or prosecu- tigation, prosecution, or adjudication of vio- contain any information that may reveal the tion of a law enforcement officer’s use of lations of criminal laws. identity of the victim or any law enforce- deadly force, a prosecutor who— (4) PROFESSIONAL LAW ENFORCEMENT ASSO- ment officer.’’. (i) does not oversee or regularly rely on the CIATION.—The term ‘‘professional law en- (d) ENFORCEMENT OF PATTERN OR PRACTICE law enforcement agency by which the law forcement association’’ means a law enforce- RELIEF.—Beginning in the first fiscal year enforcement officer under investigation is ment membership association that works for that begins after the date that is one year employed; and the needs of Federal, State, local, or Indian after the date of enactment of this Act, a (ii) would not be involved in the prosecu- tribal law enforcement agencies and with the State or unit of local government that re- tion in the ordinary course of that prosecu- civilian community on matters of common ceives funds under the Byrne grant program tor’s duties. interest, such as the Hispanic American Po- or the COPS grant program during a fiscal (2) GRANT PROGRAM.—The Attorney Gen- lice Command Officers Association year may not make available any amount of eral may award grants to eligible States and (HAPCOA), the National Asian Pacific Offi- such funds to a local law enforcement agency Indian Tribes to assist in implementing an cers Association (NAPOA), the National if that local law enforcement agency enters independent investigation of law enforce- Black Police Association (NBPA), the Na- into or renews any contractual arrangement, ment statute. tional Latino Peace Officers Association including a collective bargaining agreement (3) ELIGIBILITY.—To be eligible for a grant (NLPOA), the National Organization of with a labor organization, that— under this subsection, a State or Indian Black Law Enforcement Executives (1) would prevent the Attorney General Tribe shall have in effect an independent in- (NOBLE), Women in Law Enforcement, the from seeking or enforcing equitable or de- vestigation of law enforcement statute. Native American Law Enforcement Associa- claratory relief against a law enforcement (4) AUTHORIZATION OF APPROPRIATIONS.— tion (NALEA), the International Association agency engaging in a pattern or practice of There are authorized to be appropriated to of Chiefs of Police (IACP), the National unconstitutional misconduct; or the Attorney General $750,000,000 for fiscal Sheriffs’ Association (NSA), the Fraternal (2) conflicts with any terms or conditions years 2022 through 2024 to carry out this sub- Order of Police (FOP), or the National Asso- contained in a consent decree. section. ciation of School Resource Officers.

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(5) PROFESSIONAL CIVILIAN OVERSIGHT ORGA- (c) ELIGIBILITY FOR CERTAIN GRANT (i) youth; NIZATION.—The term ‘‘professional civilian FUNDS.—The Attorney General shall, as ap- (ii) individuals with disabilities; oversight organization’’ means a member- propriate and consistent with applicable law, (iii) individuals with limited English pro- ship organization formed to address and ad- allocate Department of Justice discretionary ficiency; and vance civilian oversight of law enforcement grant funding only to States or units of local (iv) multi-cultural communities; and whose members are from Federal, State, government that require law enforcement (H) proper traffic, pedestrian, and other en- regional, local, or Tribal organizations that agencies of that State or unit of local gov- forcement stops; and review issues or complaints against law en- ernment to gain and maintain accreditation (I) community relations and bias aware- forcement agencies or officers, such as the from certified law enforcement accreditation ness. National Association for Civilian Oversight organizations in accordance with this sec- (2) RECRUITMENT, HIRING, RETENTION, AND of Law Enforcement (NACOLE). tion. PROMOTION OF DIVERSE LAW ENFORCEMENT OF- SEC. 113. ACCREDITATION OF LAW ENFORCE- SEC. 114. LAW ENFORCEMENT GRANTS. FICERS.—Policies, procedures, and practices MENT AGENCIES. for— (a) USE OF FUNDS REQUIREMENT.—Section (a) STANDARDS.— 502(a) of title I of the Omnibus Crime Control (A) the hiring and recruitment of diverse (1) INITIAL ANALYSIS.—The Attorney Gen- and Safe Streets Act of 1968 (34 U.S.C. law enforcement officers who are representa- eral shall perform an initial analysis of ex- 10153(a)), as amended by section 113, is tive of the communities they serve; isting accreditation standards and method- amended by adding at the end the following: (B) the development of selection, pro- ology developed by law enforcement accredi- ‘‘(8) An assurance that, for each fiscal year motion, educational, background, and psy- tation organizations nationwide, including covered by an application, the applicant will chological standards that comport with title national, State, regional, and Tribal accredi- use not less than 5 percent of the total VII of the Civil Rights Act of 1964 (42 U.S.C. tation organizations. Such an analysis shall amount of the grant award for the fiscal year 2000e et seq.); and include a review of the recommendations of (C) initiatives to encourage residency in the Final Report of the President’s to study and implement effective manage- ment, training, recruiting, hiring, and over- the jurisdiction served by the law enforce- Taskforce on 21st Century Policing, issued ment agency and continuing education. by the Department of Justice, in May 2015. sight standards and programs to promote ef- fective community and problem solving (3) OVERSIGHT.—Complaint procedures, in- (2) DEVELOPMENT OF UNIFORM STANDARDS.— strategies for law enforcement agencies in cluding the establishment of civilian review After completion of the initial review and boards or analogous procedures for jurisdic- analysis under paragraph (1), the Attorney accordance with section 114 of the Law En- forcement Trust and Integrity Act of 2021.’’. tions across a range of sizes and agency con- General shall— figurations, complaint procedures by com- (b) GRANT PROGRAM FOR COMMUNITY ORGA- (A) recommend, in consultation with law munity-based organizations, early warning enforcement accreditation organizations and NIZATIONS.—The Attorney General may make grants to community-based organizations to systems and related intervention programs, community-based organizations, the adop- video monitoring technology, data collection tion of additional standards that will result study and implement— (1) effective management, training, re- and transparency, and administrative due in greater community accountability of law process requirements inherent to complaint enforcement agencies and an increased focus cruiting, hiring, and oversight standards and programs to promote effective community procedures for members of the public and law on policing with a guardian mentality, in- enforcement. cluding standards relating to— and problem solving strategies for law en- forcement agencies; or (4) YOUTH JUSTICE AND SCHOOL SAFETY.— (i) early warning systems and related Uniform standards on youth justice and intervention programs; (2) effective strategies and solutions to public safety, including strategies that do school safety that include best practices for (ii) use of force procedures; law enforcement interaction and commu- (iii) civilian review procedures; not rely on Federal and local law enforce- ment agency responses. nication with children and youth, taking (iv) traffic and pedestrian stop and search into consideration adolescent development procedures; (c) USE OF FUNDS.—Grant amounts de- scribed in paragraph (8) of section 502(a) of and any disability, including— (v) data collection and transparency; (A) the right to effective and timely notifi- (vi) administrative due process require- title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10153(a)), cation of a parent or legal guardian of any ments; law enforcement interaction, regardless of (vii) video monitoring technology; as added by subsection (a) of this section, and grant amounts awarded under subsection the immigration status of the individuals in- (viii) youth justice and school safety; and volved; and (ix) recruitment, hiring, and training; and (b) shall be used to— (1) study management and operations (B) the creation of positive school climates (B) recommend additional areas for the de- by improving school conditions for learning velopment of national standards for the ac- standards for law enforcement agencies, in- cluding standards relating to administrative by— creditation of law enforcement agencies in (i) eliminating school-based arrests and re- consultation with existing law enforcement due process, residency requirements, com- pensation and benefits, use of force, racial ferrals to law enforcement; accreditation organizations, professional law (ii) using evidence-based preventative enforcement associations, labor organiza- profiling, early warning and intervention systems, youth justice, school safety, civil- measures and alternatives to school-based tions, community-based organizations, and arrests and referrals to law enforcement, professional civilian oversight organizations. ian review boards or analogous procedures, or research into the effectiveness of existing such as restorative justice and healing prac- (3) CONTINUING ACCREDITATION PROCESS.— tices; and The Attorney General shall adopt policies programs, projects, or other activities de- signed to address misconduct; and (iii) using school-wide positive behavioral and procedures to partner with law enforce- interventions and supports. ment accreditation organizations, profes- (2) develop pilot programs and implement (5) VICTIM SERVICES.—Counseling services, sional law enforcement associations, labor effective standards and programs in the areas of training, hiring and recruitment, including psychological counseling, for indi- organizations, community-based organiza- viduals and communities impacted by law tions, and professional civilian oversight or- and oversight that are designed to improve management and address misconduct by law enforcement misconduct. ganizations to— (e) TECHNICAL ASSISTANCE.— enforcement officers. (A) continue the development of further (1) IN GENERAL.—The Attorney General (d) COMPONENTS OF PILOT PROGRAM.—A accreditation standards consistent with may provide technical assistance to States pilot program developed under subsection paragraph (2); and and community-based organizations in fur- (c)(2) shall include implementation of the (B) encourage the pursuit of accreditation therance of the purposes of this section. following: of Federal, State, local, and Tribal law en- (2) MODELS FOR REDUCTION OF LAW ENFORCE- (1) TRAINING.—The implementation of poli- forcement agencies by certified law enforce- MENT MISCONDUCT.—The technical assistance cies, practices, and procedures addressing ment accreditation organizations. provided by the Attorney General may in- training and instruction to comply with ac- (b) USE OF FUNDS REQUIREMENTS.—Section clude the development of models for States creditation standards in the areas of— 502(a) of title I of the Omnibus Crime Control and community-based organizations to re- (A) the use of deadly force, less lethal and Safe Streets Act of 1968 (34 U.S.C. duce law enforcement officer misconduct. 10153(a)) is amended by adding at the end the force, and de-escalation tactics and tech- Any development of such models shall be in following: niques; consultation with community-based organi- ‘‘(7) An assurance that, for each fiscal year (B) investigation of officer misconduct and zations. covered by an application, the applicant will practices and procedures for referring to (f) USE OF COMPONENTS.—The Attorney use not less than 5 percent of the total prosecuting authorities allegations of officer General may use any component or compo- amount of the grant award for the fiscal year use of excessive force or racial profiling; nents of the Department of Justice in car- to assist law enforcement agencies of the ap- (C) disproportionate contact by law en- rying out this section. plicant, including campus public safety de- forcement with minority communities; (g) APPLICATIONS.—An application for a partments, gain or maintain accreditation (D) tactical and defensive strategy; grant under subsection (b) shall be submitted from certified law enforcement accreditation (E) arrests, searches, and restraint; in such form, and contain such information, organizations in accordance with section 113 (F) professional verbal communications as the Attorney General may prescribe by of the Law Enforcement Trust and Integrity with civilians; rule. Act of 2021.’’. (G) interactions with— (h) PERFORMANCE EVALUATION.—

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(1) MONITORING COMPONENTS.— (3) DATA COLLECTION.—After completion of SEC. 118. FEDERAL DATA COLLECTION ON LAW (A) IN GENERAL.—Each program, project, or the initial analysis under paragraph (2), and ENFORCEMENT PRACTICES. activity funded under this section shall con- considering material investigatory issues, (a) AGENCIES TO REPORT.—Each Federal, tain a monitoring component, which shall be the Attorney General shall gather additional State, Tribal, and local law enforcement developed pursuant to rules made by the At- data nationwide on similar laws, rules, and agency shall report data of the practices torney General. procedures from a representative and statis- enumerated in subsection (c) of that agency (B) REQUIREMENT.—Each monitoring com- tically significant sample of jurisdictions, to to the Attorney General. ponent required under subparagraph (A) determine whether such laws, rules, and pro- (b) BREAKDOWN OF INFORMATION BY RACE, shall include systematic identification and cedures raise such material investigatory ETHNICITY, AND GENDER.—For each practice collection of data about activities, accom- issues. enumerated in subsection (c), the reporting plishments, and programs throughout the (b) REPORTING.— law enforcement agency shall provide a duration of the program, project, or activity (1) INITIAL ANALYSIS.—Not later than 120 breakdown of the numbers of incidents of and presentation of such data in a usable days after the date of the enactment of this that practice by race, ethnicity, age, and form. Act, the Attorney General shall— gender of the officers of the agency and of (2) EVALUATION COMPONENTS.— (A) submit to Congress a report containing members of the public involved in the prac- (A) IN GENERAL.—Selected grant recipients the results of the initial analysis conducted tice. shall be evaluated on the local level or as under subsection (a)(2); (c) PRACTICES TO BE REPORTED ON.—The part of a national evaluation, pursuant to (B) make the report submitted under sub- practices to be reported on are the following: rules made by the Attorney General. paragraph (A) available to the public; and (1) Traffic violation stops. (B) REQUIREMENTS.—An evaluation con- (C) identify the jurisdictions for which the (2) Pedestrian stops. ducted under subparagraph (A) may include study described in subsection (a)(3) is to be (3) Frisk and body searches. independent audits of police behavior and conducted. (4) Instances where law enforcement offi- other assessments of individual program im- (2) DATA COLLECTED.—Not later than 2 cers used deadly force, including— plementations. For community-based orga- years after the date of the enactment of this (A) a description of when and where deadly nizations in selected jurisdictions that are Act, the Attorney General shall submit to force was used, and whether it resulted in able to support outcome evaluations, the ef- Congress a report containing the results of death; fectiveness of funded programs, projects, and the data collected under this section and (B) a description of deadly force directed activities may be required. publish the report in the Federal Register. against an officer and whether it resulted in (3) PERIODIC REVIEW AND REPORTS.—The At- SEC. 116. AUTHORIZATION OF APPROPRIATIONS. injury or death; and torney General may require a grant recipient There are authorized to be appropriated for (C) the law enforcement agency’s justifica- to submit biannually to the Attorney Gen- fiscal year 2022, in addition to any other tion for use of deadly force, if the agency de- eral the results of the monitoring and eval- sums authorized to be appropriated— termines it was justified. (d) RETENTION OF DATA.—Each law enforce- uations required under paragraphs (1) and (2) (1) $25,000,000 for additional expenses relat- ment agency required to report data under and such other data and information as the ing to the enforcement of section 210401 of this section shall maintain records relating Attorney General determines to be nec- the Violent Crime Control and Law Enforce- to any matter reported for not less than 4 essary. ment Act of 1994 (34 U.S.C. 12601), criminal years after those records are created. (i) REVOCATION OR SUSPENSION OF FUND- enforcement under sections 241 and 242 of (e) PENALTY FOR STATES FAILING TO RE- ING.—If the Attorney General determines, as title 18, United States Code, and administra- PORT AS REQUIRED.— a result of monitoring under subsection (h) tive enforcement by the Department of Jus- (1) IN GENERAL.—For any fiscal year, a or otherwise, that a grant recipient under tice of such sections, including compliance State shall not receive any amount that the Byrne grant program or under subsection with consent decrees or judgments entered would otherwise be allocated to that State (b) is not in substantial compliance with the into under such section 210401; and requirements of this section, the Attorney under section 505(a) of title I of the Omnibus (2) $3,300,000 for additional expenses related General may revoke or suspend funding of Crime Control and Safe Streets Act of 1968 to conflict resolution by the Department of that grant, in whole or in part. (34 U.S.C. 10156(a)), or any amount from any Justice’s Community Relations Service. (j) CIVILIAN REVIEW BOARD DEFINED.—In other law enforcement assistance program of this section, the term ‘‘civilian review SEC. 117. NATIONAL TASK FORCE ON LAW EN- the Department of Justice, unless the State board’’ means an administrative entity that FORCEMENT OVERSIGHT. has ensured, to the satisfaction of the Attor- investigates civilian complaints against law (a) ESTABLISHMENT.—There is established ney General, that the State and each local enforcement officers and— within the Department of Justice a task law enforcement agency of the State is in (1) is independent and adequately funded; force to be known as the Task Force on Law substantial compliance with the require- (2) has investigatory authority and sub- Enforcement Oversight (hereinafter in this ments of this section. section referred to as the ‘‘Task Force’’). poena power; (2) REALLOCATION.—Amounts not allocated (3) has representative community diver- (b) COMPOSITION.—The Task Force shall be by reason of this subsection shall be reallo- sity; composed of individuals appointed by the At- cated to States not disqualified by failure to (4) has policy making authority; torney General, who shall appoint not less comply with this section. than 1 individual from each of the following: (5) provides advocates for civilian com- (f) REGULATIONS.—The Attorney General plainants; (1) The Special Litigation Section of the shall prescribe regulations to carry out this (6) may conduct hearings; and Civil Rights Division. section. (7) conducts statistical studies on pre- (2) The Criminal Section of the Civil Rights Division. TITLE II—POLICING TRANSPARENCY vailing complaint trends. THROUGH DATA (k) AUTHORIZATION OF APPROPRIATIONS.— (3) The Federal Coordination and Compli- There are authorized to be appropriated to ance Section of the Civil Rights Division. Subtitle A—National Police Misconduct the Attorney General $25,000,000 for fiscal (4) The Employment Litigation Section of Registry year 2022 to carry out the grant program au- the Civil Rights Division. SEC. 201. ESTABLISHMENT OF NATIONAL POLICE thorized under subsection (b). (5) The Disability Rights Section of the MISCONDUCT REGISTRY. SEC. 115. ATTORNEY GENERAL TO CONDUCT Civil Rights Division. (a) IN GENERAL.—Not later than 180 days STUDY. (6) The Office of Justice Programs. after the date of enactment of this Act, the (a) STUDY.— (7) The Office of Community Oriented Po- Attorney General shall establish a National (1) IN GENERAL.—The Attorney General licing Services (COPS). Police Misconduct Registry to be compiled shall conduct a nationwide study of the prev- (8) The Corruption/Civil Rights Section of and maintained by the Department of Jus- alence and effect of any law, rule, or proce- the Federal Bureau of Investigation. tice. dure that allows a law enforcement officer to (9) The Community Relations Service. (b) CONTENTS OF REGISTRY.—The Registry delay the response to questions posed by a (10) The Office of Tribal Justice. required to be established under subsection local internal affairs officer, or review board (11) The unit within the Department of (a) shall contain the following data with re- on the investigative integrity and prosecu- Justice assigned as a liaison for civilian re- spect to all Federal and local law enforce- tion of law enforcement misconduct, includ- view boards. ment officers: ing pre-interview warnings and termination (c) POWERS AND DUTIES.—The Task Force (1) Each complaint filed against a law en- policies. shall consult with professional law enforce- forcement officer, aggregated by— (2) INITIAL ANALYSIS.—The Attorney Gen- ment associations, labor organizations, and (A) complaints that were found to be cred- eral shall perform an initial analysis of ex- community-based organizations to coordi- ible or that resulted in disciplinary action isting State laws, rules, and procedures to nate the process of the detection and referral against the law enforcement officer, determine whether, at a threshold level, the of complaints regarding incidents of alleged disaggregated by whether the complaint in- effect of the type of law, rule, or procedure law enforcement misconduct. volved a use of force or racial profiling (as that raises material investigatory issues (d) AUTHORIZATION OF APPROPRIATIONS.— such term is defined in section 302); that could impair or hinder a prompt and There are authorized to be appropriated (B) complaints that are pending review, thorough investigation of possible mis- $5,000,000 for each fiscal year to carry out disaggregated by whether the complaint in- conduct, including criminal conduct. this section. volved a use of force or racial profiling; and

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(C) complaints for which the law enforce- (c) RULES.—The Attorney General shall (ii) the date, time, and location, including ment officer was exonerated or that were de- make rules to carry out this section and sec- whether it was on school grounds, and the termined to be unfounded or not sustained, tion 201, including uniform reporting stand- zip code, of the incident and whether the ju- disaggregated by whether the complaint in- ards. risdiction in which the incident occurred al- volved a use of force or racial profiling. Subtitle B—PRIDE Act lows for the open-carry or concealed-carry of (2) Discipline records, disaggregated by SEC. 221. SHORT TITLE. a firearm; whether the complaint involved a use of This subtitle may be cited as the ‘‘Police (iii) whether the civilian was armed, and, if force or racial profiling. Reporting Information, Data, and Evidence so, the type of weapon the civilian had; (3) Termination records, the reason for Act of 2021’’ or the ‘‘PRIDE Act of 2021’’. (iv) the type of force used against the offi- each termination, disaggregated by whether SEC. 222. DEFINITIONS. cer, the civilian, or both, including the types the complaint involved a use of force or ra- In this subtitle: of weapons used; (v) the reason force was used; cial profiling. (1) LOCAL EDUCATIONAL AGENCY.—The term (4) Records of certification in accordance ‘‘local educational agency’’ has the meaning (vi) a description of any injuries sustained with section 202. given the term in section 8101 of the Elemen- as a result of the incident; (5) Records of lawsuits against law enforce- tary and Secondary Education Act of 1965 (20 (vii) the number of officers involved in the ment officers and settlements of such law- U.S.C. 7801). incident; (viii) the number of civilians involved in suits. (2) LOCAL LAW ENFORCEMENT OFFICER.—The (6) Instances where a law enforcement offi- term ‘‘local law enforcement officer’’ has the the incident; and cer resigns or retires while under active in- meaning given the term in section 2, and in- (ix) a brief description regarding the cir- vestigation related to the use of force. cludes a school resource officer. cumstances surrounding the incident, which shall include information on— (c) FEDERAL AGENCY REPORTING REQUIRE- (3) SCHOOL.—The term ‘‘school’’ means an (I) the type of force used by all involved MENTS.—Not later than 1 year after the date elementary school or secondary school (as persons; of enactment of this Act, and every 6 months those terms are defined in section 8101 of the (II) the legitimate police objective necessi- thereafter, the head of each Federal law en- Elementary and Secondary Education Act of tating the use of force; forcement agency shall submit to the Attor- 1965 (20 U.S.C. 7801)). (III) the resistance encountered by each ney General the information described in (4) SCHOOL RESOURCE OFFICER.—The term local law enforcement officer or tribal law subsection (b). ‘‘school resource officer’’ means a sworn law (d) STATE AND LOCAL LAW ENFORCEMENT enforcement officer involved in the incident; enforcement officer who is— AGENCY REPORTING REQUIREMENTS.—Begin- (IV) the efforts by local law enforcement (A) assigned by the employing law enforce- ning in the first fiscal year that begins after officers or tribal law enforcement officers ment agency to a local educational agency the date that is one year after the date of en- to— or school; actment of this Act and each fiscal year (aa) de-escalate the situation in order to (B) contracting with a local educational thereafter in which a State receives funds avoid the use of force; or agency or school; or under the Byrne grant program, the State (bb) minimize the level of force used; and (C) employed by a local educational agency shall, once every 180 days, submit to the At- (V) if applicable, the reason why efforts de- or school. torney General the information described in scribed in subclause (IV) were not attempted. subsection (b) for the State and each local SEC. 223. USE OF FORCE REPORTING. (B) INCIDENTS REPORTED UNDER DEATH IN law enforcement agency within the State. (a) REPORTING REQUIREMENTS.— CUSTODY REPORTING ACT.—A State or Indian (e) PUBLIC AVAILABILITY OF REGISTRY.— (1) IN GENERAL.—Beginning in the first fis- Tribe is not required to include in a report (1) IN GENERAL.—In establishing the Reg- cal year that begins after the date that is under subsection (a)(1) an incident reported istry required under subsection (a), the At- one year after the date of enactment of this by the State or Indian Tribe in accordance torney General shall make the Registry Act and each fiscal year thereafter in which with section 20104(a)(2) of the Violent Crime available to the public on an internet a State or Indian Tribe receives funds under Control and Law Enforcement Act of 1994 (34 website of the Attorney General in a manner a Byrne grant program, the State or Indian U.S.C. 12104(a)(2)). that allows members of the public to search Tribe shall— (C) RETENTION OF DATA.—Each law enforce- for an individual law enforcement officer’s (A) report to the Attorney General, on a ment agency required to report data under records of misconduct, as described in sub- quarterly basis and pursuant to guidelines this section shall maintain records relating section (b), involving a use of force or racial established by the Attorney General, infor- to any matter so reportable for not less than profiling. mation regarding— 4 years after those records are created. (2) PRIVACY PROTECTIONS.—Nothing in this (i) any incident involving the use of deadly (3) AUDIT OF USE-OF-FORCE REPORTING.—Not subsection shall be construed to supersede force against a civilian by— later than 1 year after the date of enactment the requirements or limitations under sec- (I) a local law enforcement officer who is of this Act, and each year thereafter, each tion 552a of title 5, United States Code (com- employed by the State or by a unit of local State or Indian Tribe described in paragraph monly known as the ‘‘Privacy Act of 1974’’). government in the State; or (1) shall— SEC. 202. CERTIFICATION REQUIREMENTS FOR (II) a tribal law enforcement officer who is (A) conduct an audit of the use of force in- HIRING OF LAW ENFORCEMENT OF- employed by the Indian Tribe; cident reporting system required to be estab- FICERS. (ii) any incident involving the shooting of lished under paragraph (1)(B); and (a) IN GENERAL.— Beginning in the first fis- a local law enforcement officer or tribal law (B) submit a report to the Attorney Gen- cal year that begins after the date that is enforcement officer described in clause (i) by eral on the audit conducted under subpara- one year after the date of the enactment of a civilian; graph (A). this Act, a State or unit of local govern- (iii) any incident involving the death or ar- (4) COMPLIANCE PROCEDURE.—Prior to sub- ment, other than an Indian Tribe, may not rest of a local law enforcement officer or mitting a report under paragraph (1)(A), the receive funds under the Byrne grant program tribal law enforcement officer; State or Indian Tribe submitting such report for that fiscal year if, on the day before the (iv) any incident during which use of force shall compare the information compiled to first day of the fiscal year, the State or unit by or against a local law enforcement officer be reported pursuant to clause (i) of para- of local government has not— or tribal law enforcement officer described in graph (1)(A) to publicly available sources, (1) submitted to the Attorney General evi- clause (i) occurs, which is not reported under and shall revise such report to include any dence that the State or unit of local govern- clause (i), (ii), or (iii); incident determined to be missing from the ment has a certification and decertification (v) deaths in custody; and report based on such comparison. Failure to program for purposes of employment as a (vi) uses of force in arrests and booking; comply with the procedures described in the law enforcement officer in that State or unit (B) establish a system and a set of policies previous sentence shall be considered a fail- of local government that is consistent with to ensure that all use of force incidents are ure to comply with the requirements of this the rules made under subsection (c); and reported by local law enforcement officers or section. (2) submitted to the National Police Mis- tribal law enforcement officers; and (b) INELIGIBILITY FOR FUNDS.— conduct Registry established under section (C) submit to the Attorney General a plan (1) IN GENERAL.—For any fiscal year in 201 records demonstrating that all law en- for the collection of data required to be re- which a State or Indian Tribe fails to comply forcement officers of the State or unit of ported under this section, including any with this section, the State or Indian Tribe, local government have completed all State modifications to a previously submitted data at the discretion of the Attorney General, certification requirements during the 1-year collection plan. shall be subject to not more than a 10-per- period preceding the fiscal year. (2) REPORT INFORMATION REQUIRED.— cent reduction of the funds that would other- (b) AVAILABILITY OF INFORMATION.—The At- (A) IN GENERAL.—The report required under wise be allocated for that fiscal year to the torney General shall make available to law paragraph (1)(A) shall contain information State or Indian Tribe under a Byrne grant enforcement agencies all information in the that includes, at a minimum— program. registry under section 201 for purposes of (i) the national origin, sex, race, ethnicity, (2) REALLOCATION.—Amounts not allocated compliance with the certification and decer- age, disability, English language proficiency, under a Byrne grant program in accordance tification programs described in subsection and housing status of each civilian against with paragraph (1) to a State for failure to (a)(1) and considering applications for em- whom a local law enforcement officer or comply with this section shall be reallocated ployment. tribal law enforcement officer used force; under the Byrne grant program to States

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(A) in a manner consistent with existing trustworthy information, relevant to the lo- (c) PUBLIC AVAILABILITY OF DATA.— programs of the Department of Justice that cality and timeframe, that links a person (1) IN GENERAL.—Not later than 1 year after collect data on local law enforcement officer with a particular characteristic described in the date of enactment of this Act, and each encounters with civilians; and this paragraph to an identified criminal inci- year thereafter, the Attorney General shall (B) in a manner consistent with civil rights dent or scheme. publish, and make available to the public, a laws for distribution of information to the (B) EXCEPTION.—For purposes of subpara- report containing the data reported to the public. graph (A), a tribal law enforcement officer Attorney General under this section. (2) GUIDELINES.—Not later than 1 year after exercising law enforcement authority within (2) PRIVACY PROTECTIONS.—Nothing in this the date of enactment of this Act, the Attor- Indian country, as that term is defined in subsection shall be construed to supersede ney General shall— section 1151 of title 18, United States Code, is the requirements or limitations under sec- (A) issue guidelines on the reporting re- not considered to be racial profiling with re- tion 552a of title 5, United States Code (com- quirement under section 223; and spect to making key jurisdictional deter- monly known as the ‘‘Privacy Act of 1974’’). (B) seek public comment before finalizing minations that are necessarily tied to reli- (d) GUIDANCE.—Not later than 180 days the guidelines required under subparagraph ance on actual or perceived race, ethnicity, after the date of enactment of this Act, the (A). or tribal affiliation. Attorney General, in coordination with the SEC. 226. FEDERAL LAW ENFORCEMENT REPORT- (7) ROUTINE OR SPONTANEOUS INVESTIGA- Director of the Federal Bureau of Investiga- ING. TORY ACTIVITIES.—The term ‘‘routine or tion, shall issue guidance on best practices The head of each Federal law enforcement spontaneous investigatory activities’’ means relating to establishing standard data collec- agency shall submit to the Attorney Gen- the following activities by a law enforce- tion systems that capture the information eral, on a quarterly basis and pursuant to ment agent: required to be reported under subsection guidelines established by the Attorney Gen- (A) Interviews. (a)(2), which shall include standard and con- eral, the information required to be reported (B) Traffic stops. sistent definitions for terms. by a State or Indian Tribe under section 223. (C) Pedestrian stops. SEC. 224. USE OF FORCE DATA REPORTING. SEC. 227. AUTHORIZATION OF APPROPRIATIONS. (D) Frisks and other types of body There are authorized to be appropriated to (a) TECHNICAL ASSISTANCE GRANTS AUTHOR- searches. the Attorney General such sums as are nec- IZED.—The Attorney General may make (E) Consensual or nonconsensual searches grants to eligible law enforcement agencies essary to carry out this subtitle. of the persons, property, or possessions (in- to be used for the activities described in sub- TITLE III—IMPROVING POLICE TRAINING cluding vehicles) of individuals using any section (c). AND POLICIES form of public or private transportation, in- (b) ELIGIBILITY.—In order to be eligible to Subtitle A—End Racial and Religious cluding motorists and pedestrians. receive a grant under this section a law en- Profiling Act (F) Data collection and analysis, assess- forcement agency shall— SEC. 301. SHORT TITLE. ments, and predicated investigations. (1) be a tribal law enforcement agency or This subtitle may be cited as the ‘‘End Ra- (G) Inspections and interviews of entrants be located in a State that receives funds cial and Religious Profiling Act of 2021’’ or into the United States that are more exten- under a Byrne grant program; ‘‘ERRPA’’. sive than those customarily carried out. (2) employ not more that 100 local or tribal SEC. 302. DEFINITIONS. (H) Immigration-related workplace inves- law enforcement officers; In this subtitle: tigations. (3) demonstrate that the use of force policy (1) COVERED PROGRAM.—The term ‘‘covered (I) Such other types of law enforcement en- for local law enforcement officers or tribal program’’ means any program or activity counters compiled for or by the Federal Bu- law enforcement officers employed by the funded in whole or in part with funds made reau of Investigation or the Department of law enforcement agency is publicly avail- available under— Justice Bureau of Justice Statistics. able; and (A) a Byrne grant program; and (8) REASONABLE REQUEST.—The term ‘‘rea- (4) establish and maintain a complaint sys- (B) the COPS grant program, except that sonable request’’ means all requests for in- tem that— no program, project, or other activity speci- formation, except for those that— (A) may be used by members of the public fied in section 1701(b)(13) of part Q of title I (A) are immaterial to the investigation; to report incidents of use of force to the law of the Omnibus Crime Control and Safe (B) would result in the unnecessary disclo- enforcement agency; Streets Act of 1968 (34 U.S.C. 10381 et seq.) sure of personal information; or (B) makes all information collected pub- shall be a covered program under this para- (C) would place a severe burden on the re- licly searchable and available; and graph. sources of the law enforcement agency given (C) provides information on the status of (2) GOVERNMENTAL BODY.—The term ‘‘gov- its size. an investigation related to a use of force ernmental body’’ means any department, PART I—PROHIBITION OF RACIAL complaint. agency, special purpose district, or other in- PROFILING (c) ACTIVITIES DESCRIBED.—A grant made strumentality of Federal, State, local, or In- SEC. 311. PROHIBITION. under this section may be used by a law en- dian Tribal government. No law enforcement agent or law enforce- forcement agency for— (3) HIT RATE.—The term ‘‘hit rate’’ means ment agency shall engage in racial profiling. (1) the cost of assisting the State or Indian the percentage of stops and searches in SEC. 312. ENFORCEMENT. Tribe in which the law enforcement agency which a law enforcement agent finds drugs, a (a) REMEDY.—The United States, or an in- is located in complying with the reporting gun, or something else that leads to an ar- dividual injured by racial profiling, may en- requirements described in section 223; rest. The hit rate is calculated by dividing force this part in a civil action for declara- (2) the cost of establishing necessary sys- the total number of searches by the number tory or injunctive relief, filed either in a tems required to investigate and report inci- of searches that yield contraband. The hit State court of general jurisdiction or in a dents as required under subsection (b)(4); rate is complementary to the rate of false district court of the United States. (3) public awareness campaigns designed to stops. (b) PARTIES.—In any action brought under gain information from the public on use of (4) LAW ENFORCEMENT AGENCY.—The term this part, relief may be obtained against— force by or against local and tribal law en- ‘‘law enforcement agency’’ means any Fed- (1) any governmental body that employed forcement officers, including shootings, eral, State, or local public agency engaged in any law enforcement agent who engaged in which may include tip lines, hotlines, and the prevention, detection, or investigation of racial profiling; public service announcements; and violations of criminal, immigration, or cus- (2) any agent of such body who engaged in (4) use of force training for law enforce- toms laws. racial profiling; and ment agencies and personnel, including (5) LAW ENFORCEMENT AGENT.—The term (3) any person with supervisory authority training on de-escalation, implicit bias, cri- ‘‘law enforcement agent’’ means any Fed- over such agent. sis intervention techniques, and adolescent eral, State, or local official responsible for (c) NATURE OF PROOF.—Proof that the rou- development. enforcing criminal, immigration, or customs tine or spontaneous investigatory activities SEC. 225. COMPLIANCE WITH REPORTING RE- laws, including police officers and other of law enforcement agents in a jurisdiction QUIREMENTS. agents of a law enforcement agency. have had a disparate impact on individuals (a) IN GENERAL.—Not later than 1 year (6) RACIAL PROFILING.— with a particular characteristic described in after the date of enactment of this Act, and (A) IN GENERAL.—The term ‘‘racial section 302(6) shall constitute prima facie each year thereafter, the Attorney General profiling’’ means the practice of a law en- evidence of a violation of this part.

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(d) ATTORNEY’S FEES.—In any action or that ensure the fairness, effectiveness, and Control and Safe Streets Act of 1968 (34 proceeding to enforce this part against any independence of the administrative com- U.S.C. 10153(a)), as added by subsection (a) of governmental body, the court may allow a plaint procedures and independent auditor this section, shall be for programs that in- prevailing plaintiff, other than the United programs. clude the following: States, reasonable attorney’s fees as part of (b) NONCOMPLIANCE.—If the Attorney Gen- (1) The development and implementation the costs, and may include expert fees as eral determines that the recipient of a grant of training to prevent racial profiling and to part of the attorney’s fee. The term ‘‘pre- from any covered program is not in compli- encourage more respectful interaction with vailing plaintiff’’ means a plaintiff that sub- ance with the requirements of section 331 or the public. stantially prevails pursuant to a judicial or the regulations issued under subsection (a), (2) The acquisition and use of technology administrative judgment or order, or an en- the Attorney General shall withhold, in to facilitate the accurate collection and forceable written agreement. whole or in part (at the discretion of the At- analysis of data. PART II—PROGRAMS TO ELIMINATE RA- torney General), funds for one or more (3) The development and acquisition of CIAL PROFILING BY FEDERAL LAW EN- grants to the recipient under the covered feedback systems and technologies that FORCEMENT AGENCIES program, until the recipient establishes com- identify law enforcement agents or units of SEC. 321. POLICIES TO ELIMINATE RACIAL pliance. agents engaged in, or at risk of engaging in, PROFILING. (c) PRIVATE PARTIES.—The Attorney Gen- racial profiling or other misconduct. (a) IN GENERAL.—Federal law enforcement eral shall provide notice and an opportunity (4) The establishment and maintenance of agencies shall— for private parties to present evidence to the an administrative complaint procedure or (1) maintain adequate policies and proce- Attorney General that a recipient of a grant independent auditor program. dures designed to eliminate racial profiling; from any covered program is not in compli- SEC. 335. AUTHORIZATION OF APPROPRIATIONS. and ance with the requirements of this part. There are authorized to be appropriated to (2) cease existing practices that permit ra- SEC. 333. DATA COLLECTION DEMONSTRATION the Attorney General such sums as are nec- cial profiling. PROJECT. essary to carry out this part. (b) POLICIES.—The policies and procedures (a) TECHNICAL ASSISTANCE GRANTS FOR PART IV—DATA COLLECTION described in subsection (a)(1) shall include— DATA COLLECTION.— SEC. 341. ATTORNEY GENERAL TO ISSUE REGU- (1) a prohibition on racial profiling; (1) IN GENERAL.—The Attorney General LATIONS. (2) training on racial profiling issues as may, through competitive grants or con- (a) REGULATIONS.—Not later than 6 months part of Federal law enforcement training; tracts, carry out a 2-year demonstration after the date of enactment of this Act, the (3) the collection of data in accordance project for the purpose of developing and im- Attorney General, in consultation with with the regulations issued by the Attorney plementing data collection programs on the stakeholders, including Federal, State, and General under section 341; hit rates for stops and searches by law en- local law enforcement agencies and commu- (4) procedures for receiving, investigating, forcement agencies. The data collected shall nity, professional, research, and civil rights and responding meaningfully to complaints be disaggregated by race, ethnicity, national organizations, shall issue regulations for the alleging racial profiling by law enforcement origin, gender, and religion. collection and compilation of data under sec- agents; and (2) NUMBER OF GRANTS.—The Attorney Gen- tions 321 and 331. (5) any other policies and procedures the eral shall provide not more than 5 grants or (b) REQUIREMENTS.—The regulations issued Attorney General determines to be necessary contracts under this section. under subsection (a) shall— to eliminate racial profiling by Federal law (3) ELIGIBLE GRANTEES.—Grants or con- (1) provide for the collection of data on all enforcement agencies. tracts under this section shall be awarded to routine and spontaneous investigatory ac- PART III—PROGRAMS TO ELIMINATE RA- law enforcement agencies that serve commu- tivities; CIAL PROFILING BY STATE AND LOCAL nities where there is a significant concentra- (2) provide that the data collected shall— LAW ENFORCEMENT AGENCIES tion of racial or ethnic minorities and that (A) be disaggregated by race, ethnicity, na- are not already collecting data voluntarily. SEC. 331. POLICIES REQUIRED FOR GRANTS. tional origin, gender, disability, and reli- (b) REQUIRED ACTIVITIES.—Activities car- (a) IN GENERAL.—An application by a State gion; or a unit of local government for funding ried out with a grant under this section shall (B) include the date, time, and location of under a covered program shall include a cer- include— such investigatory activities; tification that such State, unit of local gov- (1) developing a data collection tool and re- (C) include detail sufficient to permit an ernment, and any law enforcement agency to porting the compiled data to the Attorney analysis of whether a law enforcement agen- which it will distribute funds— General; and cy is engaging in racial profiling; and (1) maintains adequate policies and proce- (2) training of law enforcement personnel (D) not include personally identifiable in- dures designed to eliminate racial profiling; on data collection, particularly for data col- formation; and lection on hit rates for stops and searches. (3) provide that a standardized form shall (2) has eliminated any existing practices (c) EVALUATION.—Not later than 3 years be made available to law enforcement agen- that permit or encourage racial profiling. after the date of enactment of this Act, the cies for the submission of collected data to (b) POLICIES.—The policies and procedures Attorney General shall enter into a contract the Department of Justice; described in subsection (a)(1) shall include— with an institution of higher education (as (4) provide that law enforcement agencies (1) a prohibition on racial profiling; defined in section 101 of the Higher Edu- shall compile data on the standardized form (2) training on racial profiling issues as cation Act of 1965 (20 U.S.C. 1001)) to analyze made available under paragraph (3), and sub- part of law enforcement training; the data collected by each of the grantees mit the form to the Civil Rights Division and (3) the collection of data in accordance funded under this section. the Department of Justice Bureau of Justice with the regulations issued by the Attorney (d) AUTHORIZATION OF APPROPRIATIONS.— Statistics; General under section 341; and There are authorized to be appropriated to (5) provide that law enforcement agencies (4) participation in an administrative com- carry out activities under this section— shall maintain all data collected under this plaint procedure or independent audit pro- (1) $5,000,000, over a 2-year period, to carry subtitle for not less than 4 years; gram that meets the requirements of section out the demonstration program under sub- (6) include guidelines for setting compara- 332. section (a); and tive benchmarks, consistent with best prac- (c) EFFECTIVE DATE.—This section shall (2) $500,000 to carry out the evaluation tices, against which collected data shall be take effect 12 months after the date of enact- under subsection (c). measured; ment of this Act. SEC. 334. DEVELOPMENT OF BEST PRACTICES. (7) provide that the Department of Justice SEC. 332. INVOLVEMENT OF ATTORNEY GEN- (a) USE OF FUNDS REQUIREMENT.—Section Bureau of Justice Statistics shall— ERAL. 502(a) of title I of the Omnibus Crime Control (A) analyze the data for any statistically (a) REGULATIONS.— and Safe Streets Act of 1968 (34 U.S.C. significant disparities, including— (1) IN GENERAL.—Not later than 6 months 10153(a)), as amended by sections 113 and 114, (i) disparities in the percentage of drivers after the date of enactment of this Act and is amended by adding at the end the fol- or pedestrians stopped relative to the propor- in consultation with stakeholders, including lowing: tion of the population passing through the Federal, State, and local law enforcement ‘‘(9) An assurance that, for each fiscal year neighborhood; agencies and community, professional, re- covered by an application, the applicant will (ii) disparities in the hit rate; and search, and civil rights organizations, the use not less than 10 percent of the total (iii) disparities in the frequency of Attorney General shall issue regulations for amount of the grant award for the fiscal year searches performed on racial or ethnic mi- the operation of administrative complaint to develop and implement best practice de- nority drivers and the frequency of searches procedures and independent audit programs vices and systems to eliminate racial performed on nonminority drivers; and to ensure that such procedures and programs profiling in accordance with section 334 of (B) not later than 3 years after the date of provide an appropriate response to allega- the End Racial and Religious Profiling Act enactment of this Act, and annually there- tions of racial profiling by law enforcement of 2021.’’. after— agents or agencies. (b) DEVELOPMENT OF BEST PRACTICES.— (i) prepare a report regarding the findings (2) GUIDELINES.—The regulations issued Grant amounts described in paragraph (9) of of the analysis conducted under subpara- under paragraph (1) shall contain guidelines section 502(a) of title I of the Omnibus Crime graph (A);

VerDate Sep 11 2014 05:07 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.030 H03MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 3, 2021 CONGRESSIONAL RECORD — HOUSE H1047 (ii) provide such report to Congress; and (D) a description of any other policies and after the date that is one year after the date (iii) make such report available to the pub- procedures that the Attorney General be- of enactment of this Act, a State or unit of lic, including on a website of the Department lieves would facilitate the elimination of ra- local government may not receive funds of Justice, and in accordance with accessi- cial profiling. under the Byrne grant program or the COPS bility standards under the Americans with Subtitle B—Additional Reforms grant program for a fiscal year if, on the day Disabilities Act of 1990 (42 U.S.C. 12101 et before the first day of the fiscal year, the seq.); and SEC. 361. TRAINING ON RACIAL BIAS AND DUTY TO INTERVENE. State or unit of local government does not (8) protect the privacy of individuals whose have in effect a law that prohibits law en- (a) IN GENERAL.—The Attorney General data is collected by— shall establish— forcement officers in the State or unit of (A) limiting the use of the data collected (1) a training program for law enforcement local government from using a chokehold or under this subtitle to the purposes set forth officers to cover racial profiling, implicit carotid hold. in this subtitle; bias, and procedural justice; and (c) CHOKEHOLDS AS CIVIL RIGHTS VIOLA- (B) except as otherwise provided in this (2) a clear duty for Federal law enforce- TIONS.— subtitle, limiting access to the data col- ment officers to intervene in cases where an- (1) SHORT TITLE.—This subsection may be lected under this subtitle to those Federal, other law enforcement officer is using exces- cited as the ‘‘Eric Garner Excessive Use of State, or local employees or agents who re- Force Prevention Act’’. quire such access in order to fulfill the pur- sive force against a civilian, and establish a (2) CHOKEHOLDS AS CIVIL RIGHTS VIOLA- poses for the data set forth in this subtitle; training program that covers the duty to in- TIONS.—Section 242 of title 18, United States (C) requiring contractors or other non- tervene. Code, as amended by section 101, is amended governmental agents who are permitted ac- (b) MANDATORY TRAINING FOR FEDERAL LAW by adding at the end the following: ‘‘For the cess to the data collected under this subtitle ENFORCEMENT OFFICERS.—The head of each purposes of this section, the application of to sign use agreements incorporating the use Federal law enforcement agency shall re- any pressure to the throat or windpipe, use and disclosure restrictions set forth in sub- quire each Federal law enforcement officer of maneuvers that restrict blood or oxygen paragraph (A); and employed by the agency to complete the flow to the brain, or carotid artery re- (D) requiring the maintenance of adequate training programs established under sub- straints which prevent or hinder breathing security measures to prevent unauthorized section (a). access to the data collected under this sub- (c) LIMITATION ON ELIGIBILITY FOR FUNDS.— or reduce intake of air is a punishment, pain, title. Beginning in the first fiscal year that begins or penalty.’’. after the date that is one year after the date SEC. 342. PUBLICATION OF DATA. SEC. 364. PEACE ACT. The Director of the Bureau of Justice Sta- of enactment of this Act, a State or unit of local government may not receive funds (a) SHORT TITLE.—This section may be tistics of the Department of Justice shall cited as the ‘‘Police Exercising Absolute provide to Congress and make available to under the Byrne grant program for a fiscal year if, on the day before the first day of the Care With Everyone Act of 2021’’ or the the public, together with each annual report ‘‘PEACE Act of 2021’’. described in section 341, the data collected fiscal year, the State or unit of local govern- pursuant to this subtitle, excluding any per- ment does not require each law enforcement (b) USE OF FORCE BY FEDERAL LAW EN- sonally identifiable information described in officer in the State or unit of local govern- FORCEMENT OFFICERS.— section 343. ment to complete the training programs es- (1) DEFINITIONS.—In this subsection: SEC. 343. LIMITATIONS ON PUBLICATION OF tablished under subsection (a). (A) DEESCALATION TACTICS AND TECH- DATA. (d) GRANTS TO TRAIN LAW ENFORCEMENT NIQUES.—The term ‘‘deescalation tactics and The name or identifying information of a OFFICERS ON USE OF FORCE.—Section 501(a)(1) techniques’’ means proactive actions and ap- law enforcement agent, complainant, or any of title I of the Omnibus Crime Control and proaches used by a Federal law enforcement other individual involved in any activity for Safe Streets Act of 1968 (34 U.S.C. 10152(a)(1)) officer to stabilize the situation so that more which data is collected and compiled under is amended by adding at the end the fol- time, options, and resources are available to this subtitle shall not be— lowing: gain a person’s voluntary compliance and re- (1) released to the public; ‘‘(I) Training programs for law enforce- duce or eliminate the need to use force, in- (2) disclosed to any person, except for— ment officers, including training programs cluding verbal persuasion, warnings, tactical (A) such disclosures as are necessary to on use of force and a duty to intervene.’’. techniques, slowing down the pace of an inci- comply with this subtitle; SEC. 362. BAN ON NO-KNOCK WARRANTS IN DRUG dent, waiting out a subject, creating dis- (B) disclosures of information regarding a CASES. tance between the officer and the threat, and particular person to that person; or (a) BAN ON FEDERAL WARRANTS IN DRUG requesting additional resources to resolve (C) disclosures pursuant to litigation; or CASES.—Section 509 of the Controlled Sub- the incident. (3) subject to disclosure under section 552 stances Act (21 U.S.C. 879) is amended by (B) NECESSARY.—The term ‘‘necessary’’ of title 5, United States Code (commonly adding at the end the following: ‘‘A search means that another reasonable Federal law known as the Freedom of Information Act), warrant authorized under this section shall enforcement officer would objectively con- except for disclosures of information regard- require that a law enforcement officer exe- clude, under the totality of the cir- ing a particular person to that person. cute the search warrant only after providing cumstances, that there was no reasonable al- PART V—DEPARTMENT OF JUSTICE REG- notice of his or her authority and purpose.’’. ternative to the use of force. ULATIONS AND REPORTS ON RACIAL (b) LIMITATION ON ELIGIBILITY FOR FUNDS.— (C) REASONABLE ALTERNATIVES.— PROFILING IN THE UNITED STATES Beginning in the first fiscal year that begins (i) IN GENERAL.—The term ‘‘reasonable al- SEC. 351. ATTORNEY GENERAL TO ISSUE REGU- after the date that is one year after the date ternatives’’ means tactics and methods used LATIONS AND REPORTS. of enactment of this Act, a State or unit of by a Federal law enforcement officer to ef- (a) REGULATIONS.—In addition to the regu- local government may not receive funds fectuate an arrest that do not unreasonably lations required under sections 333 and 341, under the COPS grant program for a fiscal increase the risk posed to the law enforce- the Attorney General shall issue such other year if, on the day before the first day of the ment officer or another person, including regulations as the Attorney General deter- fiscal year, the State or unit of local govern- verbal communication, distance, warnings, mines are necessary to implement this sub- ment does not have in effect a law that pro- deescalation tactics and techniques, tactical title. hibits the issuance of a no-knock warrant in repositioning, and other tactics and tech- (b) REPORTS.— a drug case. niques intended to stabilize the situation (1) IN GENERAL.—Not later than 2 years (c) DEFINITION.—In this section, the term and reduce the immediacy of the risk so that after the date of enactment of this Act, and ‘‘no-knock warrant’’ means a warrant that more time, options, and resources can be annually thereafter, the Attorney General allows a law enforcement officer to enter a called upon to resolve the situation without shall submit to Congress a report on racial property without requiring the law enforce- the use of force. profiling by law enforcement agencies. ment officer to announce the presence of the (ii) DEADLY FORCE.—With respect to the (2) SCOPE.—Each report submitted under law enforcement officer or the intention of use of deadly force, the term ‘‘reasonable al- paragraph (1) shall include— the law enforcement officer to enter the ternatives’’ includes the use of less lethal (A) a summary of data collected under sec- property. force. tions 321(b)(3) and 331(b)(3) and from any SEC. 363. INCENTIVIZING BANNING OF (D) TOTALITY OF THE CIRCUMSTANCES.—The other reliable source of information regard- CHOKEHOLDS AND CAROTID HOLDS. term ‘‘totality of the circumstances’’ means ing racial profiling in the United States; (a) DEFINITION.—In this section, the term all credible facts known to the Federal law (B) a discussion of the findings in the most ‘‘chokehold or carotid hold’’ means the ap- enforcement officer leading up to and at the recent report prepared by the Department of plication of any pressure to the throat or time of the use of force, including the ac- Justice Bureau of Justice Statistics under windpipe, the use of maneuvers that restrict tions of the person against whom the Federal section 341(b)(7); blood or oxygen flow to the brain, or carotid law enforcement officer uses such force and (C) the status of the adoption and imple- artery restraints that prevent or hinder the actions of the Federal law enforcement mentation of policies and procedures by Fed- breathing or reduce intake of air of an indi- officer. eral law enforcement agencies under section vidual. (2) PROHIBITION ON LESS LETHAL FORCE.—A 321 and by the State and local law enforce- (b) LIMITATION ON ELIGIBILITY FOR FUNDS.— Federal law enforcement officer may not use ment agencies under sections 331 and 332; and Beginning in the first fiscal year that begins any less lethal force unless—

VerDate Sep 11 2014 05:07 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.030 H03MRPT1 SSpencer on DSK126QN23PROD with HOUSE H1048 CONGRESSIONAL RECORD — HOUSE March 3, 2021 (A) the form of less lethal force used is nec- tributed to the necessity of the use of such by operating the Law Enforcement Support essary and proportional in order to effec- force. Office program. tuate an arrest of a person who the officer ‘‘(b) DEFINITIONS.—In this section— (2) New and used material, including mine- has probable cause to believe has committed ‘‘(1) the terms ‘deadly force’ and ‘less le- resistant ambush-protected vehicles and a criminal offense; and thal force’ have the meanings given such weapons determined by the Department of (B) reasonable alternatives to the use of terms in section 2 and section 364 of the Defense to be ‘‘military grade’’ are trans- the form of less lethal force have been ex- George Floyd Justice in Policing Act of 2021; ferred to Federal, Tribal, State, and local hausted. and law enforcement agencies through the pro- (3) PROHIBITION ON DEADLY USE OF FORCE.— ‘‘(2) the term ‘Federal law enforcement of- gram. A Federal law enforcement officer may not ficer’ has the meaning given such term in (3) As a result local law enforcement agen- use deadly force against a person unless— section 115.’’. cies, including police and sheriff’s depart- (A) the form of deadly force used is nec- (B) CLERICAL AMENDMENT.—The table of ments, are acquiring this material for use in essary, as a last resort, to prevent imminent sections for chapter 51 of title 18, United their normal operations. and serious bodily injury or death to the offi- States Code, is amended by inserting after (4) As a result of the wars in Iraq and Af- cer or another person; the item relating to section 1122 the fol- ghanistan, military equipment purchased (B) the use of the form of deadly force cre- lowing: for, and used in, those wars has become ex- ates no substantial risk of injury to a third ‘‘1123. Limitation on justification defense for cess property and has been made available person; and Federal law enforcement offi- for transfer to local and Federal law enforce- (C) reasonable alternatives to the use of cers.’’. ment agencies. the form of deadly force have been ex- (c) LIMITATION ON THE RECEIPT OF FUNDS (5) In Fiscal Year 2017, $504,000,000 worth of hausted. UNDER THE EDWARD BYRNE MEMORIAL JUS- property was transferred to law enforcement (4) REQUIREMENT TO GIVE VERBAL WARN- TICE ASSISTANCE GRANT PROGRAM.— agencies. ING.—When feasible, prior to using force (1) LIMITATION.—A State or unit of local (6) More than $6,800,000,000 worth of weap- against a person, a Federal law enforcement government, other than an Indian Tribe, ons and equipment have been transferred to officer shall identify himself or herself as a may not receive funds that the State or unit police organizations in all 50 States and four Federal law enforcement officer, and issue a of local government would otherwise receive territories through the program. verbal warning to the person that the Fed- under a Byrne grant program for a fiscal (7) In May 2012, the Defense Logistics eral law enforcement officer seeks to appre- year if, on the day before the first day of the Agency instituted a moratorium on weapons hend, which shall— fiscal year, the State or unit of local govern- transfers through the program after reports (A) include a request that the person sur- ment does not have in effect a law that is of missing equipment and inappropriate render to the law enforcement officer; and weapons transfers. (B) notify the person that the law enforce- consistent with subsection (b) of this section and section 1123 of title 18, United States (8) Though the moratorium was widely ment officer will use force against the person publicized, it was lifted in October 2013 with- if the person resists arrest or flees. Code, as determined by the Attorney Gen- eral. out adequate safeguards. (5) GUIDANCE ON USE OF FORCE.—Not later (9) On January 16, 2015, President Barack than 120 days after the date of enactment of (2) SUBSEQUENT ENACTMENT.— Obama issued Executive Order 13688 to better this Act, the Attorney General, in consulta- (A) IN GENERAL.—If funds described in para- coordinate and regulate the federal transfer tion with impacted persons, communities, graph (1) are withheld from a State or unit of of military weapons and equipment to State, and organizations, including representatives local government pursuant to paragraph (1) local, and Tribal law enforcement agencies. of civil and human rights organizations, vic- for 1 or more fiscal years, and the State or (10) In July, 2017, the Government Account- tims of police use of force, and representa- unit of local government enacts or puts in ability Office reported that the program’s in- tives of law enforcement associations, shall place a law described in paragraph (1), and ternal controls were inadequate to prevent provide guidance to Federal law enforcement demonstrates substantial efforts to enforce fraudulent applicants’ access to the program. agencies on— such law, subject to subparagraph (B), the (11) On August, 28, 2017, President Donald (A) the types of less lethal force and deadly State or unit of local government shall be el- force that are prohibited under paragraphs igible, in the fiscal year after the fiscal year Trump rescinded Executive Order 13688 de- (2) and (3); and during which the State or unit of local gov- spite a July 2017 Government Accountability (B) how a Federal law enforcement officer ernment demonstrates such substantial ef- Office report finding deficiencies with the can— forts, to receive the total amount that the administration of the 1033 program. (i) assess whether the use of force is appro- State or unit of local government would (12) As a result, Federal, State, and local priate and necessary; and have received during each fiscal year for law enforcement departments across the (ii) use the least amount of force when which funds were withheld. country are eligible again to acquire free interacting with— (B) LIMIT ON AMOUNT OF PRIOR YEAR ‘‘military-grade’’ weapons and equipment (I) pregnant individuals; FUNDS.—A State or unit of local government that could be used inappropriately during po- (II) children and youth under 21 years of may not receive funds under subparagraph licing efforts in which people and taxpayers age; (A) in an amount that is more than the could be harmed. (III) elderly persons; amount withheld from the State or unit of (13) The Department of Defense categorizes (IV) persons with mental, behavioral, or local government during the 5-fiscal-year pe- equipment eligible for transfer under the 1033 physical disabilities or impairments; riod before the fiscal year during which program as ‘‘controlled’’ and ‘‘un-con- (V) persons experiencing perceptual or cog- funds are received under subparagraph (A). trolled’’ equipment. ‘‘Controlled equipment’’ nitive impairments due to use of alcohol, (3) GUIDANCE.—Not later than 120 days includes weapons, explosives such as flash- narcotics, hallucinogens, or other drugs; after the date of enactment of this Act, the bang grenades, mine-resistant ambush-pro- (VI) persons suffering from a serious med- Attorney General, in consultation with im- tected vehicles, long-range acoustic devices, ical condition; and pacted persons, communities, and organiza- aircraft capable of being modified to carry (VII) persons with limited English pro- tions, including representatives of civil and armament that are combat coded, and si- ficiency. human rights organizations, individuals lencers, among other military grade items. (6) TRAINING.—The Attorney General shall against whom a law enforcement officer used (b) LIMITATION ON DEPARTMENT OF DEFENSE provide training to Federal law enforcement force, and representatives of law enforce- TRANSFER OF PERSONAL PROPERTY TO LOCAL officers on interacting people described in ment associations, shall make guidance LAW ENFORCEMENT AGENCIES.— subclauses (I) through (VII) of paragraph available to States and units of local govern- (1) IN GENERAL.—Section 2576a of title 10, (5)(B)(ii). ment on the criteria that the Attorney Gen- United States Code, is amended— (7) LIMITATION ON JUSTIFICATION DEFENSE.— eral will use in determining whether the (A) in subsection (a)— (A) IN GENERAL.—Chapter 51 of title 18, State or unit of local government has in (i) in paragraph (1)(A), by striking United States Code, is amended by adding at place a law described in paragraph (1). ‘‘counterdrug, counterterrorism, and border the end the following: (4) APPLICATION.—This subsection shall security activities’’ and inserting ‘‘counter- ‘‘§ 1123. Limitation on justification defense apply to the first fiscal year that begins terrorism’’; and for Federal law enforcement officers after the date that is 1 year after the date of (ii) in paragraph (2), by striking ‘‘, the Di- ‘‘(a) IN GENERAL.—It is not a defense to an the enactment of this Act, and each fiscal rector of National Drug Control Policy,’’; offense under section 1111 or 1112 that the use year thereafter. (B) in subsection (b)— of less lethal force or deadly force by a Fed- SEC. 365. STOP MILITARIZING LAW ENFORCE- (i) in paragraph (5), by striking ‘‘and’’ at eral law enforcement officer was justified MENT ACT. the end; if— (a) FINDINGS.—Congress makes the fol- (ii) in paragraph (6), by striking the period ‘‘(1) that officer’s use of use of such force lowing findings: and inserting a semicolon; and was inconsistent with section 364(b) of the (1) Under section 2576a of title 10, United (iii) by adding at the end the following new George Floyd Justice in Policing Act of 2021; States Code, the Department of Defense is paragraphs: or authorized to provide excess property to ‘‘(7) the recipient submits to the Depart- ‘‘(2) that officer’s gross negligence, leading local law enforcement agencies. The Defense ment of Defense a description of how the re- up to and at the time of the use of force, con- Logistics Agency, administers such section cipient expects to use the property;

VerDate Sep 11 2014 05:07 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.030 H03MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 3, 2021 CONGRESSIONAL RECORD — HOUSE H1049 ‘‘(8) the recipient certifies to the Depart- ‘‘(4)(A) The Secretary may waive the appli- ‘‘(B) the eligibility of the agency to receive ment of Defense that if the recipient deter- cability of paragraph (1) to a vehicle de- property transferred under this section has mines that the property is surplus to the scribed in subparagraph (B) of such para- been suspended; and needs of the recipient, the recipient will re- graph (other than a mine-resistant ambush- ‘‘(6) the Secretary of Defense has certified, turn the property to the Department of De- protected vehicle), if the Secretary deter- for each Federal agency that has received fense; mines that such a waiver is necessary for property under this section that— ‘‘(9) with respect to a recipient that is not disaster or rescue purposes or for another ‘‘(A) the agency has complied with all re- a Federal agency, the recipient certifies to purpose where life and public safety are at quirements under this section; or the Department of Defense that the recipient risk, as demonstrated by the proposed recipi- ‘‘(B) the eligibility of the agency to receive notified the local community of the request ent of the vehicle. property transferred under this section has for personal property under this section by— ‘‘(B) If the Secretary issues a waiver under been suspended. ‘‘(A) publishing a notice of such request on subparagraph (A), the Secretary shall— ‘‘(h) PROHIBITION ON OWNERSHIP OF CON- a publicly accessible Internet website; ‘‘(i) submit to Congress notice of the waiv- TROLLED PROPERTY.—A Federal or State ‘‘(B) posting such notice at several promi- er, and post such notice on a public Internet agency that receives controlled property nent locations in the jurisdiction of the re- website of the Department, by not later than under this section may not take ownership cipient; and 30 days after the date on which the waiver is of the property. issued; and ‘‘(C) ensuring that such notices were avail- ‘‘(i) NOTICE TO CONGRESS OF PROPERTY ‘‘(ii) require, as a condition of the waiver, able to the local community for a period of DOWNGRADES.—Not later than 30 days before not less than 30 days; and that the recipient of the vehicle for which downgrading the classification of any item the waiver is issued provides public notice of ‘‘(10) the recipient has received the ap- of personal property from controlled or Fed- the waiver and the transfer, including the proval of the city council or other local gov- eral Supply Class, the Secretary shall submit type of vehicle and the purpose for which it erning body to acquire the personal property to Congress notice of the proposed down- is transferred, in the jurisdiction where the sought under this section.’’; grade. recipient is located by not later than 30 days (C) by striking subsection (d); ‘‘(j) NOTICE TO CONGRESS OF PROPERTY CAN- (D) by redesignating subsections (e) and (f) after the date on which the waiver is issued. ‘‘(5) The Secretary may provide for an ex- NIBALIZATION.—Before the Defense Logistics as subsections (o) and (p), respectively; and Agency authorizes the recipient of property (E) by inserting after subsection (c) the fol- emption to the limitation under subpara- graph (D) of paragraph (1) in the case of transferred under this section to cannibalize lowing new subsections: the property, the Secretary shall submit to NNUAL CERTIFICATION ACCOUNTING parts for aircraft described in such subpara- ‘‘(d) A Congress notice of such authorization, in- FOR TRANSFERRED PROPERTY.—(1) For each graph that are transferred as part of regular cluding the name of the recipient requesting fiscal year, the Secretary shall submit to maintenance of aircraft in an existing fleet. the authorization, the purpose of the pro- Congress certification in writing that each ‘‘(6) The Secretary shall require, as a con- posed cannibalization, and the type of prop- Federal or State agency to which the Sec- dition of any transfer of property under this retary has transferred property under this section, that the Federal or State agency erty proposed to be cannibalized. section— that receives the property shall return the ‘‘(k) QUARTERLY REPORTS ON USE OF CON- ‘‘(A) has provided to the Secretary docu- property to the Secretary if the agency— TROLLED EQUIPMENT.—Not later than 30 days mentation accounting for all controlled ‘‘(A) is investigated by the Department of after the last day of a fiscal quarter, the Sec- property, including arms and ammunition, Justice for any violation of civil liberties; or retary shall submit to Congress a report on that the Secretary has transferred to the ‘‘(B) is otherwise found to have engaged in any uses of controlled property transferred agency, including any item described in sub- widespread abuses of civil liberties. under this section during that fiscal quarter. section (f) so transferred before the date of ‘‘(g) CONDITIONS FOR EXTENSION OF PRO- ‘‘(l) REPORTS TO CONGRESS.—Not later than GRAM.—Notwithstanding any other provision the enactment of the George Floyd Justice 30 days after the last day of a fiscal year, the of law, amounts authorized to be appro- in Policing Act of 2021; and Secretary shall submit to Congress a report priated or otherwise made available for any ‘‘(B) with respect to a non-Federal agency, on the following for the preceding fiscal fiscal year may not be obligated or expended carried out each of paragraphs (5) through (8) year: to carry out this section unless the Sec- of subsection (b). ‘‘(1) The percentage of equipment lost by ‘‘(2) If the Secretary does not provide a cer- retary submits to Congress certification that recipients of property transferred under this tification under paragraph (1) for a Federal for the preceding fiscal year that— section, including specific information about or State agency, the Secretary may not ‘‘(1) each Federal or State agency that has the type of property lost, the monetary transfer additional property to that agency received controlled property transferred value of such property, and the recipient under this section. under this section has— that lost the property. ‘‘(e) ANNUAL REPORT ON EXCESS PROP- ‘‘(A) demonstrated 100 percent account- ‘‘(2) The transfer of any new (condition ERTY.—Before making any property avail- ability for all such property, in accordance code A) property transferred under this sec- able for transfer under this section, the Sec- with paragraph (2) or (3), as applicable; or tion, including specific information about retary shall annually submit to Congress a ‘‘(B) been suspended from the program pur- the type of property, the recipient of the description of the property to be transferred suant to paragraph (4); property, the monetary value of each item of together with a certification that the trans- ‘‘(2) with respect to each non-Federal agen- the property, and the total monetary value fer of the property would not violate this cy that has received controlled property of all such property transferred during the section or any other provision of law. under this section, the State coordinator re- fiscal year.’’. sponsible for each such agency has verified ‘‘(f) LIMITATIONS ON TRANSFERS.—(1) The (2) EFFECTIVE DATE.—The amendments Secretary may not transfer to Federal, Trib- that the coordinator or an agent of the coor- made by paragraph (1) shall apply with re- al, State, or local law enforcement agencies dinator has conducted an in-person inven- spect to any transfer of property made after tory of the property transferred to the agen- the following under this section: the date of the enactment of this Act. ‘‘(A) Firearms, ammunition, bayonets, gre- cy and that 100 percent of such property was nade launchers, grenades (including stun and accounted for during the inventory or that SEC. 366. PUBLIC SAFETY INNOVATION GRANTS. flash-bang), and explosives. the agency has been suspended from the pro- (a) BYRNE GRANTS USED FOR LOCAL TASK ‘‘(B) Vehicles, except for passenger auto- gram pursuant to paragraph (4); FORCES ON PUBLIC SAFETY INNOVATION.—Sec- mobiles (as such term is defined in section ‘‘(3) with respect to each Federal agency tion 501(a) of the Omnibus Crime Control and 32901(a)(18) of title 49, United States Code) that has received controlled property under Safe Streets Act of 1968 (34 U.S.C. 10151(a)), and bucket trucks. this section, the Secretary of Defense or an as amended by this Act, is further amended ‘‘(C) Drones. agent of the Secretary has conducted an in- by adding at the end the following: ‘‘(D) Controlled aircraft that— person inventory of the property transferred ‘‘(3) LOCAL TASK FORCES ON PUBLIC SAFETY ‘‘(i) are combat configured or combat to the agency and that 100 percent of such INNOVATION.— coded; or property was accounted for during the inven- ‘‘(A) IN GENERAL.—A law enforcement pro- ‘‘(ii) have no established commercial flight tory or that the agency has been suspended gram under paragraph (1)(A) may include the application. from the program pursuant to paragraph (4); development of best practices for and the ‘‘(E) Silencers. ‘‘(4) the eligibility of any agency that has creation of local task forces on public safety ‘‘(F) Long-range acoustic devices. received controlled property under this sec- innovation, charged with exploring and de- ‘‘(G) Items in the Federal Supply Class of tion for which 100 percent of the property veloping new strategies for public safety, in- banned items. was not accounted for during an inventory cluding non-law enforcement strategies. ‘‘(2) The Secretary may not require, as a described in paragraph (1) or (2), as applica- ‘‘(B) DEFINITION.—The term ‘local task condition of a transfer under this section, ble, to receive any property transferred force on public safety innovation’ means an that a Federal or State agency demonstrate under this section has been suspended; and administrative entity, created from partner- the use of any small arms or ammunition. ‘‘(5) each State coordinator has certified, ships between community-based organiza- ‘‘(3) The limitations under this subsection for each non-Federal agency located in the tions and other local stakeholders, that may shall also apply with respect to the transfer State for which the State coordinator is re- develop innovative law enforcement and non- of previously transferred property of the De- sponsible that— law enforcement strategies to enhance just partment of Defense from one Federal or ‘‘(A) the agency has complied with all re- and equitable public safety, repair breaches State agency to another such agency. quirements under this section; or of trust between law enforcement agencies

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and the community they pledge to serve, and (1) IN GENERAL.—Both the video and audio detail assigned to a Federal or foreign offi- enhance accountability of law enforcement recording functions of the body camera shall cial while performing his or her duties; and officers.’’. be activated whenever a Federal law enforce- (2) shall not activate a body camera while (b) CRISIS INTERVENTION TEAMS.—Section ment officer is responding to a call for serv- on the grounds of any public, private or pa- 501(c) of title I of the Omnibus Crime Control ice or at the initiation of any other law en- rochial elementary or secondary school, ex- and Safe Streets Act of 1968 (34 U.S.C. forcement or investigative stop (as such cept when responding to an imminent threat 10152(c)) is amended by adding at the end the term is defined in section 373) between a Fed- to life or health. following: eral law enforcement officer and a member (i) RETENTION OF FOOTAGE.— ‘‘(3) In the case of crisis intervention of the public, except that when an immediate (1) IN GENERAL.—Body camera video foot- teams funded under subsection (a)(1)(H), a threat to the officer’s life or safety makes age shall be retained by the law enforcement program assessment under this subsection activating the camera impossible or dan- agency that employs the officer whose cam- shall contain a report on best practices for gerous, the officer shall activate the camera era captured the footage, or an authorized crisis intervention.’’. at the first reasonable opportunity to do so. agent thereof, for 6 months after the date it (c) USE OF COPS GRANT PROGRAM TO HIRE (2) ALLOWABLE DEACTIVATION.—The body was recorded, after which time such footage LAW ENFORCEMENT OFFICERS WHO ARE RESI- camera shall not be deactivated until the shall be permanently deleted. DENTS OF THE COMMUNITIES THEY SERVE.— stop has fully concluded and the Federal law (2) RIGHT TO INSPECT.—During the 6-month Section 1701(b) of title I of the Omnibus enforcement officer leaves the scene. retention period described in paragraph (1), Crime Control and Safe Streets Act of 1968 (d) NOTIFICATION OF SUBJECT OF RECORD- the following persons shall have the right to (34 U.S.C. 10381(b)), as amended by this Act, ING.—A Federal law enforcement officer who is further amended— is wearing a body camera shall notify any inspect the body camera footage: (1) by redesignating paragraphs (23) and subject of the recording that he or she is (A) Any person who is a subject of body (24) as paragraphs (26) and (27), respectively; being recorded by a body camera as close to camera video footage, and their designated (2) in paragraph (26), as so redesignated, by the inception of the stop as is reasonably legal counsel. striking ‘‘(22)’’ and inserting ‘‘(25)’’; and possible. (B) A parent or legal guardian of a minor (3) by inserting after paragraph (22) the fol- (e) REQUIREMENTS.—Notwithstanding sub- subject of body camera video footage, and lowing: section (c), the following shall apply to the their designated legal counsel. ‘‘(23) to recruit, hire, incentivize, retain, use of a body camera: (C) The spouse, next of kin, or legally au- develop, and train new, additional career law (1) Prior to entering a private residence thorized designee of a deceased subject of enforcement officers or current law enforce- without a warrant or in non-exigent cir- body camera video footage, and their des- ment officers who are willing to relocate to cumstances, a Federal law enforcement offi- ignated legal counsel. communities— cer shall ask the occupant if the occupant (D) A Federal law enforcement officer ‘‘(A) where there are poor or fragmented wants the officer to discontinue use of the whose body camera recorded the video foot- relationships between police and residents of officer’s body camera. If the occupant re- age, and their designated legal counsel, sub- the community, or where there are high inci- sponds affirmatively, the Federal law en- ject to the limitations and restrictions in dents of crime; and forcement officer shall immediately dis- this part. ‘‘(B) that are the communities that the law continue use of the body camera. (E) The superior officer of a Federal law enforcement officers serve, or that are in (2) When interacting with an apparent enforcement officer whose body camera re- close proximity to the communities that the crime victim, a Federal law enforcement of- corded the video footage, subject to the limi- law enforcement officers serve; ficer shall, as soon as practicable, ask the tations and restrictions in this part. ‘‘(24) to collect data on the number of law apparent crime victim if the apparent crime (F) Any defense counsel who claims, pursu- enforcement officers who are willing to relo- victim wants the officer to discontinue use ant to a written affidavit, to have a reason- cate to the communities where they serve, of the officer’s body camera. If the apparent able basis for believing a video may contain and whether such law enforcement officer re- crime victim responds affirmatively, the evidence that exculpates a client. locations have impacted crime in such com- Federal law enforcement officer shall imme- (3) LIMITATION.—The right to inspect sub- munities; diately discontinue use of the body camera. ject to subsection (j)(1) shall not include the ‘‘(25) to develop and publicly report strate- (3) When interacting with a person seeking right to possess a copy of the body camera gies and timelines to recruit, hire, promote, to anonymously report a crime or assist in video footage, unless the release of the body retain, develop, and train a diverse and in- an ongoing law enforcement investigation, a camera footage is otherwise authorized by clusive law enforcement workforce, con- Federal law enforcement officer shall, as this part or by another applicable law. When sistent with merit system principles and ap- soon as practicable, ask the person seeking a body camera fails to capture some or all of plicable law;’’. to remain anonymous, if the person seeking the audio or video of an incident due to mal- function, displacement of camera, or any Subtitle C—Law Enforcement Body Cameras to remain anonymous wants the officer to discontinue use of the officer’s body camera. other cause, any audio or video footage that PART 1—FEDERAL POLICE CAMERA AND If the person seeking to remain anonymous is captured shall be treated the same as any ACCOUNTABILITY ACT responds affirmatively, the Federal law en- other body camera audio or video footage SEC. 371. SHORT TITLE. forcement officer shall immediately dis- under this part. This part may be cited as the ‘‘Federal Po- continue use of the body camera. (j) ADDITIONAL RETENTION REQUIREMENTS.— lice Camera and Accountability Act’’. (f) RECORDING OF OFFERS TO DISCONTINUE Notwithstanding the retention and deletion SEC. 372. REQUIREMENTS FOR FEDERAL LAW EN- USE OF BODY CAMERA.—Each offer of a Fed- requirements in subsection (i), the following FORCEMENT OFFICERS REGARDING eral law enforcement officer to discontinue THE USE OF BODY CAMERAS. the use of a body camera made pursuant to shall apply to body camera video footage (a) DEFINITIONS.—In this section: subsection (e), and the responses thereto, under this part: (1) MINOR.—The term ‘‘minor’’ means any shall be recorded by the body camera prior (1) Body camera video footage shall be individual under 18 years of age. to discontinuing use of the body camera. automatically retained for not less than 3 (2) SUBJECT OF THE VIDEO FOOTAGE.—The (g) LIMITATIONS ON USE OF BODY CAMERA.— years if the video footage captures an inter- term ‘‘subject of the video footage’’— Body cameras shall not be used to gather in- action or event involving— (A) means any identifiable Federal law en- telligence information based on First (A) any use of force; or forcement officer or any identifiable suspect, Amendment protected speech, associations, (B) an stop about which a complaint has victim, detainee, conversant, injured party, or religion, or to record activity that is un- been registered by a subject of the video or other similarly situated person who ap- related to a response to a call for service or footage. pears on the body camera recording; and a law enforcement or investigative stop be- (2) Body camera video footage shall be re- (B) does not include people who only inci- tween a law enforcement officer and a mem- tained for not less than 3 years if a longer re- dentally appear on the recording. ber of the public, and shall not be equipped tention period is voluntarily requested by— (3) VIDEO FOOTAGE.—The term ‘‘video foot- with or employ any facial recognition tech- (A) the Federal law enforcement officer age’’ means any images or audio recorded by nologies. whose body camera recorded the video foot- a body camera. (h) EXCEPTIONS.—Federal law enforcement age, if that officer reasonably asserts the (b) REQUIREMENT TO WEAR BODY CAMERA.— officers— video footage has evidentiary or exculpatory (1) IN GENERAL.—Federal law enforcement (1) shall not be required to use body cam- value in an ongoing investigation; officers shall wear a body camera. eras during investigative or enforcement (B) any Federal law enforcement officer (2) REQUIREMENT FOR BODY CAMERA.—A stops with the public in the case that— who is a subject of the video footage, if that body camera required under paragraph (1) (A) recording would risk the safety of a officer reasonably asserts the video footage shall— confidential informant, citizen informant, or has evidentiary or exculpatory value; (A) have a field of view at least as broad as undercover officer; (C) any superior officer of a Federal law the officer’s vision; and (B) recording would pose a serious risk to enforcement officer whose body camera re- (B) be worn in a manner that maximizes national security; or corded the video footage or who is a subject the camera’s ability to capture video footage (C) the officer is a military police officer, of the video footage, if that superior officer of the officer’s activities. a member of the United States Army Crimi- reasonably asserts the video footage has evi- (c) REQUIREMENT TO ACTIVATE.— nal Investigation Command, or a protective dentiary or exculpatory value;

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(D) any Federal law enforcement officer, if (m) PROHIBITED WITHHOLDING OF FOOT- dence or proof of exigent circumstances that the video footage is being retained solely and AGE.—Body camera video footage may not be made compliance impossible. exclusively for police training purposes; withheld from the public on the basis that it (t) USE OF FORCE INVESTIGATIONS.—In the (E) any member of the public who is a sub- is an investigatory record or was compiled case that a Federal law enforcement officer ject of the video footage; for law enforcement purposes where any per- equipped with a body camera is involved in, (F) any parent or legal guardian of a minor son under investigation or whose conduct is a witness to, or within viewable sight range who is a subject of the video footage; or under review is a police officer or other law of either the use of force by another law en- (G) a deceased subject’s spouse, next of enforcement employee and the video footage forcement officer that results in a death, the kin, or legally authorized designee. relates to that person’s conduct in their offi- use of force by another law enforcement offi- (k) PUBLIC REVIEW.—For purposes of sub- cial capacity. cer, during which the discharge of a firearm paragraphs (E), (F), and (G) of subsection (n) ADMISSIBILITY.—Any video footage re- results in an injury, or the conduct of an- (j)(2), any member of the public who is a sub- tained beyond 6 months solely and exclu- other law enforcement officer that becomes ject of video footage, the parent or legal sively pursuant to subsection (j)(2)(D) shall the subject of a criminal investigation— guardian of a minor who is a subject of the not be admissible as evidence in any crimi- (1) the law enforcement agency that em- video footage, or a deceased subject’s next of nal or civil legal or administrative pro- ploys the law enforcement officer, or the kin or legally authorized designee, shall be ceeding. agency or department conducting the related permitted to review the specific video foot- (o) CONFIDENTIALITY.—No government criminal investigation, as appropriate, shall age in question in order to make a deter- agency or official, or law enforcement agen- promptly take possession of the body cam- mination as to whether they will voluntarily cy, officer, or official may publicly disclose, era, and shall maintain such camera, and request it be subjected to a minimum 3-year release, or share body camera video footage any data on such camera, in accordance with retention period. unless— the applicable rules governing the preserva- (l) DISCLOSURE.— (1) doing so is expressly authorized pursu- tion of evidence; (1) IN GENERAL.—Except as provided in ant to this part or another applicable law; or (2) a copy of the data on such body camera paragraph (2), all video footage of an inter- (2) the video footage is subject to public re- shall be made in accordance with prevailing action or event captured by a body camera, lease pursuant to subsection (l), and not ex- forensic standards for data collection and re- if that interaction or event is identified with empted from public release pursuant to sub- production; and reasonable specificity and requested by a section (l)(1). (3) such copied data shall be made avail- member of the public, shall be provided to (p) LIMITATION ON FEDERAL LAW ENFORCE- able to the public in accordance with sub- the person or entity making the request in MENT OFFICER VIEWING OF BODY CAMERA section (l). accordance with the procedures for request- FOOTAGE.—No Federal law enforcement offi- (u) LIMITATION ON USE OF FOOTAGE AS EVI- ing and providing government records set cer shall review or receive an accounting of DENCE.—Any body camera video footage re- forth in the section 552a of title 5, United any body camera video footage that is sub- corded by a Federal law enforcement officer States Code. ject to a minimum 3-year retention period that violates this part or any other applica- (2) EXCEPTIONS.—The following categories pursuant to subsection (j)(1) prior to com- ble law may not be offered as evidence by of video footage shall not be released to the pleting any required initial reports, state- any government entity, agency, department, public in the absence of express written per- ments, and interviews regarding the recorded prosecutorial office, or any other subdivision mission from the non-law enforcement sub- event, unless doing so is necessary, while in thereof in any criminal or civil action or jects of the video footage: the field, to address an immediate threat to proceeding against any member of the pub- (A) Video footage not subject to a min- life or safety. lic. imum 3-year retention period pursuant to (q) ADDITIONAL LIMITATIONS.—Video foot- (v) PUBLICATION OF AGENCY POLICIES.—Any subsection (j). age may not be— Federal law enforcement agency policy or (B) Video footage that is subject to a min- (1) in the case of footage that is not subject other guidance regarding body cameras, imum 3-year retention period solely and ex- to a minimum 3-year retention period, their use, or the video footage therefrom clusively pursuant to paragraph (1)(B) or (2) viewed by any superior officer of a Federal that is adopted by a Federal agency or de- of subsection (j). law enforcement officer whose body camera partment, shall be made publicly available (3) PRIORITY OF REQUESTS.—Notwith- recorded the footage absent a specific allega- on that agency’s website. standing any time periods established for ac- tion of misconduct; or (w) RULE OF CONSTRUCTION.—Nothing in knowledging and responding to records re- (2) divulged or used by any law enforce- this part shall be construed to preempt any quests in section 552a of title 5, United ment agency for any commercial or other laws governing the maintenance, production, States Code, responses to requests for video non-law enforcement purpose. and destruction of evidence in criminal in- footage that is subject to a minimum 3-year (r) THIRD PARTY MAINTENANCE OF FOOT- vestigations and prosecutions. retention period pursuant to subsection AGE.—Where a law enforcement agency au- SEC. 373. PATROL VEHICLES WITH IN-CAR VIDEO (j)(1)(A), where a subject of the video footage thorizes a third party to act as its agent in RECORDING CAMERAS. is recorded being killed, shot by a firearm, or maintaining body camera footage, the agent (a) DEFINITIONS.—In this section: grievously injured, shall be prioritized and, if shall not be permitted to independently ac- (1) AUDIO RECORDING.—The term ‘‘audio re- approved, the requested video footage shall cess, view, or alter any video footage, except cording’’ means the recorded conversation be provided as expeditiously as possible, but to delete videos as required by law or agency between a Federal law enforcement officer in no circumstances later than 5 days fol- retention policies. and a second party. lowing receipt of the request. (s) ENFORCEMENT.— (2) EMERGENCY LIGHTS.—The term ‘‘emer- (4) USE OF REDACTION TECHNOLOGY.— (1) IN GENERAL.—If any Federal law en- gency lights’’ means oscillating, rotating, or (A) IN GENERAL.—Whenever doing so is nec- forcement officer, or any employee or agent flashing lights on patrol vehicles. essary to protect personal privacy, the right of a Federal law enforcement agency fails to (3) ENFORCEMENT OR INVESTIGATIVE STOP.— to a fair trial, the identity of a confidential adhere to the recording or retention require- The term ‘‘enforcement or investigative source or crime victim, or the life or phys- ments contained in this part, intentionally stop’’ means an action by a Federal law en- ical safety of any person appearing in video interferes with a body camera’s ability to ac- forcement officer in relation to enforcement footage, redaction technology may be used curately capture video footage, or otherwise and investigation duties, including traffic to obscure the face and other personally manipulates the video footage captured by a stops, pedestrian stops, abandoned vehicle identifying characteristics of that person, in- body camera during or after its operation— contacts, motorist assists, commercial cluding the tone of the person’s voice, pro- (A) appropriate disciplinary action shall be motor vehicle stops, roadside safety checks, vided the redaction does not interfere with a taken against the individual officer, em- requests for identification, or responses to viewer’s ability to fully, completely, and ac- ployee, or agent; requests for emergency assistance. curately comprehend the events captured on (B) a rebuttable evidentiary presumption (4) IN-CAR VIDEO CAMERA.—The term ‘‘in- the video footage. shall be adopted in favor of a criminal de- car video camera’’ means a video camera lo- (B) REQUIREMENTS.—The following require- fendant who reasonably asserts that excul- cated in a patrol vehicle. ments shall apply to redactions under sub- patory evidence was destroyed or not cap- (5) IN-CAR VIDEO CAMERA RECORDING EQUIP- paragraph (A): tured; and MENT.—The term ‘‘in-car video camera re- (i) When redaction is performed on video (C) a rebuttable evidentiary presumption cording equipment’’ means a video camera footage pursuant to this paragraph, an uned- shall be adopted on behalf of a civil plaintiff recording system located in a patrol vehicle ited, original version of the video footage suing the Government, a Federal law en- consisting of a camera assembly, recording shall be retained pursuant to the require- forcement agency, or a Federal law enforce- mechanism, and an in-car video recording ments of subsections (i) and (j). ment officer for damages based on mis- medium. (ii) Except pursuant to the rules for the re- conduct who reasonably asserts that evi- (6) RECORDING.—The term ‘‘recording’’ daction of video footage set forth in this sub- dence supporting their claim was destroyed means the process of capturing data or infor- section or where it is otherwise expressly au- or not captured. mation stored on a recording medium as re- thorized by this Act, no other editing or al- (2) PROOF COMPLIANCE WAS IMPOSSIBLE.— quired under this section. teration of video footage, including a reduc- The disciplinary action requirement and re- (7) RECORDING MEDIUM.—The term ‘‘record- tion of the video footage’s resolution, shall buttable presumptions described in para- ing medium’’ means any recording medium be permitted. graph (1) may be overcome by contrary evi- for the retention and playback of recorded

VerDate Sep 11 2014 05:07 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.030 H03MRPT1 SSpencer on DSK126QN23PROD with HOUSE H1052 CONGRESSIONAL RECORD — HOUSE March 3, 2021 audio and video including VHS, DVD, hard of the audio recording or video recording me- countability and transparency of use of force drive, solid state, digital, or flash memory dium applicable to the request will be avail- by law enforcement officers, assist in re- technology. able for inspection or copying. sponding to complaints against law enforce- (8) WIRELESS MICROPHONE.—The term (e) MAINTENANCE REQUIRED.—The agency ment officers, and improve evidence collec- ‘‘wireless microphone’’ means a device worn shall ensure proper care and maintenance of tion; and by a Federal law enforcement officer or any in-car video camera recording equipment and ‘‘(C) to implement policies or procedures to other equipment used to record conversa- recording medium. An officer operating a pa- comply with the requirements described in tions between the officer and a second party trol vehicle must immediately document and subsection (b); and and transmitted to the recording equipment. notify the appropriate person of any tech- ‘‘(2) may not be used for expenses related (b) REQUIREMENTS.— nical difficulties, failures, or problems with to facial recognition technology. (1) IN GENERAL.—Each Federal law enforce- the in-car video camera recording equipment ‘‘(b) REQUIREMENTS.—A recipient of a grant ment agency shall install in-car video cam- or recording medium. Upon receiving notice, under subpart 1 of part E of this title shall— era recording equipment in all patrol vehi- every reasonable effort shall be made to cor- ‘‘(1) establish policies and procedures in ac- cles with a recording medium capable of re- rect and repair any of the in-car video cam- cordance with the requirements described in cording for a period of 10 hours or more and era recording equipment or recording me- subsection (c) before law enforcement offi- capable of making audio recordings with the dium and determine if it is in the public in- cers use of body-worn cameras; assistance of a wireless microphone. terest to permit the use of the patrol vehicle. ‘‘(2) adopt recorded data collection and re- (2) RECORDING EQUIPMENT REQUIREMENTS.— SEC. 374. FACIAL RECOGNITION TECHNOLOGY. tention protocols as described in subsection In-car video camera recording equipment No camera or recording device authorized (d) before law enforcement officers use of with a recording medium capable of record- or required to be used under this part may be body-worn cameras; ing for a period of 10 hours or more shall equipped with or employ facial recognition ‘‘(3) make the policies and protocols de- record activities— technology, and footage from such a camera scribed in paragraphs (1) and (2) available to (A) whenever a patrol vehicle is assigned to or recording device may not be subjected to the public; and patrol duty; facial recognition technology. ‘‘(4) comply with the requirements for use (B) outside a patrol vehicle whenever— of recorded data under subsection (f). (i) a Federal law enforcement officer as- SEC. 375. GAO STUDY. Not later than 1 year after the date of en- ‘‘(c) REQUIRED POLICIES AND PROCEDURES.— signed that patrol vehicle is conducting an A recipient of a grant under subpart 1 of part enforcement or investigative stop; actment of this Act, the Comptroller General of the United States shall conduct a study on E of this title shall— (ii) patrol vehicle emergency lights are ac- ‘‘(1) develop with community input and tivated or would otherwise be activated if Federal law enforcement officer training, ve- hicle pursuits, use of force, and interaction publish for public view policies and protocols not for the need to conceal the presence of for— law enforcement; or with citizens, and submit a report on such study to— ‘‘(A) the safe and effective use of body- (iii) an officer reasonably believes record- worn cameras; ing may assist with prosecution, enhance (1) the Committees on the Judiciary of the House of Representatives and of the Senate; ‘‘(B) the secure storage, handling, and de- safety, or for any other lawful purpose; and struction of recorded data collected by body- (C) inside the vehicle when transporting an (2) the Committee on Oversight and Re- form of the House of Representatives; and worn cameras; arrestee or when an officer reasonably be- ‘‘(C) protecting the privacy rights of any lieves recording may assist with prosecution, (3) the Committee on Homeland Security and Governmental Affairs of the Senate. individual who may be recorded by a body- enhance safety, or for any other lawful pur- worn camera; SEC. 376. REGULATIONS. pose. ‘‘(D) the release of any recorded data col- Not later than 6 months after the date of (3) REQUIREMENTS FOR RECORDING.— lected by a body-worn camera in accordance the enactment of this Act, the Attorney (A) IN GENERAL.—A Federal law enforce- with the open records laws, if any, of the General shall issue such final regulations as ment officer shall begin recording for an en- State; and are necessary to carry out this part. forcement or investigative stop when the of- ‘‘(E) making recorded data available to ficer determines an enforcement stop is nec- SEC. 377. RULE OF CONSTRUCTION. prosecutors, defense attorneys, and other of- essary and shall continue until the enforce- Nothing in this part shall be construed to ficers of the court in accordance with sub- ment action has been completed and the sub- impose any requirement on a Federal law en- paragraph (E); and ject of the enforcement or investigative stop forcement officer outside of the course of ‘‘(2) conduct periodic evaluations of the se- or the officer has left the scene. carrying out that officer’s duty. curity of the storage and handling of the (B) ACTIVATION WITH LIGHTS.—A Federal PART 2—POLICE CAMERA ACT body-worn camera data. law enforcement officer shall begin recording ‘‘(d) RECORDED DATA COLLECTION AND RE- when patrol vehicle emergency lights are ac- SEC. 381. SHORT TITLE. TENTION PROTOCOL.—The recorded data col- tivated or when they would otherwise be ac- This part may be cited as the ‘‘Police Cre- ating Accountability by Making Effective lection and retention protocol described in tivated if not for the need to conceal the this paragraph is a protocol that— presence of law enforcement, and shall con- Recording Available Act of 2021’’ or the ‘‘Po- lice CAMERA Act of 2021’’. ‘‘(1) requires— tinue until the reason for the activation ‘‘(A) a law enforcement officer who is wear- ceases to exist, regardless of whether the SEC. 382. LAW ENFORCEMENT BODY-WORN CAM- ERA REQUIREMENTS. ing a body-worn camera to provide an expla- emergency lights are no longer activated. nation if an activity that is required to be (a) USE OF FUNDS REQUIREMENT.—Section (C) PERMISSIBLE RECORDING.—A Federal recorded by the body-worn camera is not re- law enforcement officer may begin recording 502(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. corded; if the officer reasonably believes recording ‘‘(B) a law enforcement officer who is wear- may assist with prosecution, enhance safety, 10153(a)), as amended by section 334, is amended by adding at the end the following: ing a body-worn camera to obtain consent to or for any other lawful purpose; and shall be recorded from a crime victim or witness continue until the reason for recording ‘‘(10) An assurance that, for each fiscal year covered by an application, the applicant before interviewing the victim or witness; ceases to exist. ‘‘(C) the collection of recorded data unre- (4) ENFORCEMENT OR INVESTIGATIVE will use not less than 5 percent of the total amount of the grant award for the fiscal year lated to a legitimate law enforcement pur- STOPS.—A Federal law enforcement officer pose be minimized to the greatest extent shall record any enforcement or investiga- to develop policies and protocols in compli- ance with part OO.’’. practicable; tive stop. Audio recording shall terminate ‘‘(D) the system used to store recorded upon release of the violator and prior to ini- (b) REQUIREMENTS.—Title I of the Omnibus Crime Control and Safe Streets Act of 1968 data collected by body-worn cameras to log tiating a separate criminal investigation. all viewing, modification, or deletion of (c) RETENTION OF RECORDINGS.—Recordings (34 U.S.C. 10101 et seq.) is amended by adding stored recorded data and to prevent, to the made on in-car video camera recording me- at the end the following: dium shall be retained for a storage period of greatest extent practicable, the unauthor- ‘‘PART OO—LAW ENFORCEMENT BODY- ized access or disclosure of stored recorded at least 90 days. Under no circumstances WORN CAMERAS AND RECORDED DATA shall any recording made on in-car video data; camera recording medium be altered or ‘‘SEC. 3051. USE OF GRANT FUNDS. ‘‘(E) any law enforcement officer be pro- erased prior to the expiration of the des- ‘‘(a) IN GENERAL.—Grant amounts de- hibited from accessing the stored data with- ignated storage period. Upon completion of scribed in paragraph (10) of section 502(a) of out an authorized purpose; and the storage period, the recording medium this title— ‘‘(F) the law enforcement agency to collect may be erased and reissued for operational ‘‘(1) shall be used— and report statistical data on— use unless otherwise ordered or if designated ‘‘(A) to purchase or lease body-worn cam- ‘‘(i) incidences of use of force, for evidentiary or training purposes. eras for use by State, local, and tribal law disaggregated by race, ethnicity, gender, and (d) ACCESSIBILITY OF RECORDINGS.—Audio enforcement officers (as defined in section age of the victim; or video recordings made pursuant to this 2503); ‘‘(ii) the number of complaints filed section shall be available under the applica- ‘‘(B) for expenses related to the implemen- against law enforcement officers; ble provisions of section 552a of title 5, tation of a body-worn camera program in ‘‘(iii) the disposition of complaints filed United States Code. Only recorded portions order to deter excessive force, improve ac- against law enforcement officers;

VerDate Sep 11 2014 05:07 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.030 H03MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 3, 2021 CONGRESSIONAL RECORD — HOUSE H1053 ‘‘(iv) the number of times camera footage agement determines necessary to ensure (2) by redesignating subsections (c) and (d) is used for evidence collection in investiga- compliance with the program. as subsections (d) and (e), respectively; tions of crimes; and ‘‘SEC. 3052. BODY-WORN CAMERA TRAINING (3) by inserting after subsection (b) the fol- ‘‘(v) any other additional statistical data TOOLKIT. lowing: that the Director determines should be col- ‘‘(a) IN GENERAL.—The Director shall es- ‘‘(c) OFANINDIVIDUAL BY ANY PERSON ACT- lected and reported; tablish and maintain a body-worn camera ING UNDER COLOR OF LAW.— ‘‘(2) allows an individual to file a com- training toolkit for law enforcement agen- ‘‘(1) IN GENERAL.—Whoever, acting under plaint with a law enforcement agency relat- cies, academia, and other relevant entities to color of law, knowingly engages in a sexual ing to the improper use of body-worn cam- provide training and technical assistance, in- act with an individual, including an indi- eras; and cluding best practices for implementation, vidual who is under arrest, in detention, or ‘‘(3) complies with any other requirements model policies and procedures, and research otherwise in the actual custody of any Fed- established by the Director. materials. eral law enforcement officer, shall be fined ‘‘(e) REPORTING.—Statistical data required ‘‘(b) MECHANISM.—In establishing the tool- under this title, imprisoned not more than 15 to be collected under subsection (d)(1)(D) kit required to under subsection (a), the Di- years, or both. shall be reported to the Director, who shall— rector may consolidate research, practices, ‘‘(2) DEFINITION.—In this subsection, the ‘‘(1) establish a standardized reporting sys- templates, and tools that been developed by term ‘sexual act’ has the meaning given the tem for statistical data collected under this expert and law enforcement agencies across term in section 2246.’’; and program; and the country. (4) in subsection (d), as so redesignated, by ‘‘(2) establish a national database of statis- ‘‘SEC. 3053. STUDY. adding at the end the following: tical data recorded under this program. ‘‘(a) IN GENERAL.—Not later than 2 years ‘‘(3) In a prosecution under subsection (c), ‘‘(f) USE OR TRANSFER OF RECORDED after the date of enactment of the Police it is not a defense that the other individual DATA.— CAMERA Act of 2021, the Director shall con- consented to the sexual act.’’. ‘‘(1) IN GENERAL.—Recorded data collected duct a study on— (b) DEFINITION.—Section 2246 of title 18, by an entity receiving a grant under a grant ‘‘(1) the efficacy of body-worn cameras in United States Code, is amended— under subpart 1 of part E of this title from a deterring excessive force by law enforcement (1) in paragraph (5), by striking ‘‘and’’ at body-worn camera shall be used only in in- officers; the end; ternal and external investigations of mis- ‘‘(2) the impact of body-worn cameras on (2) in paragraph (6), by striking the period conduct by a law enforcement agency or offi- the accountability and transparency of the at the end and inserting ‘‘; and’’; and cer, if there is reasonable suspicion that a re- use of force by law enforcement officers; (3) by inserting after paragraph (6) the fol- cording contains evidence of a crime, or for ‘‘(3) the impact of body-worn cameras on lowing: limited training purposes. The Director shall responses to and adjudications of complaints ‘‘(7) the term ‘Federal law enforcement of- establish rules to ensure that the recorded of excessive force; ficer’ has the meaning given the term in sec- data is used only for the purposes described ‘‘(4) the effect of the use of body-worn cam- tion 115.’’. in this paragraph. eras on the safety of law enforcement offi- (c) CLERICAL AMENDMENT.—The table of ‘‘(2) PROHIBITION ON TRANSFER.—Except as cers on patrol; sections for chapter 109A of title 18, United provided in paragraph (3), an entity receiving ‘‘(5) the effect of the use of body-worn cam- States Code, is amended by amending the a grant under subpart 1 of part E of this title eras on public safety; item related to section 2243 to read as fol- may not transfer any recorded data collected ‘‘(6) the impact of body-worn cameras on lows: by the entity from a body-worn camera to evidence collection for criminal investiga- ‘‘2243. Sexual abuse of a minor or ward or by another law enforcement or intelligence tions; any person acting under color agency. ‘‘(7) issues relating to the secure storage of law.’’. and handling of recorded data from the body- ‘‘(3) EXCEPTIONS.— SEC. 403. ENACTMENT OF LAWS PENALIZING EN- ‘‘(A) CRIMINAL INVESTIGATION.—An entity worn cameras; GAGING IN SEXUAL ACTS WHILE receiving a grant under subpart 1 of part E of ‘‘(8) issues relating to the privacy of indi- ACTING UNDER COLOR OF LAW. this title may transfer recorded data col- viduals and officers recorded on body-worn (a) IN GENERAL.—Beginning in the first fis- lected by the entity from a body-worn cam- cameras; cal year that begins after the date that is era to another law enforcement agency or in- ‘‘(9) issues relating to the constitutional one year after the date of enactment of this telligence agency for use in a criminal inves- rights of individuals on whom facial recogni- Act, in the case of a State or unit of local tigation if the requesting law enforcement or tion technology is used; government that does not have in effect a intelligence agency has reasonable suspicion ‘‘(10) issues relating to limitations on the law described in subsection (b), if that State that the requested data contains evidence re- use of facial recognition technology; or unit of local government that would oth- lating to the crime being investigated. ‘‘(11) issues relating to the public’s access erwise receive funds under the COPS grant ‘‘(B) CIVIL RIGHTS CLAIMS.—An entity re- to body-worn camera footage; program, that State or unit of local govern- ceiving a grant under subpart 1 of part E of ‘‘(12) the need for proper training of law en- ment shall not be eligible to receive such this title may transfer recorded data col- forcement officers that use body-worn cam- funds. In the case of a multi-jurisdictional or lected by the law enforcement agency from a eras; regional consortium, if any member of that body-worn camera to another law enforce- ‘‘(13) best practices in the development of consortium is a State or unit of local govern- ment agency for use in an investigation of protocols for the safe and effective use of ment that does not have in effect a law de- the violation of any right, privilege, or im- body-worn cameras; scribed in subsection (b), if that consortium munity secured or protected by the Constitu- ‘‘(14) a review of law enforcement agencies would otherwise receive funds under the tion or laws of the United States. that found body-worn cameras to be COPS grant program, that consortium shall ‘‘(g) AUDIT AND ASSESSMENT.— unhelpful in the operations of the agencies; not be eligible to receive such funds. ‘‘(1) IN GENERAL.—Not later than 2 years and (b) DESCRIPTION OF LAW.—A law described after the date of enactment of this part, the ‘‘(15) any other factors that the Director in this subsection is a law that— Director of the Office of Audit, Assessment, determines are relevant in evaluating the ef- (1) makes it a criminal offense for any per- and Management shall perform an assess- ficacy of body-worn cameras. son acting under color of law of the State or ment of the use of funds under this section ‘‘(b) REPORT.—Not later than 180 days after unit of local government to engage in a sex- and the policies and protocols of the grant- the date on which the study required under ual act with an individual, including an indi- ees. subsection (a) is completed, the Director vidual who is under arrest, in detention, or ‘‘(2) REPORTS.—Not later than September 1 shall submit to Congress a report on the otherwise in the actual custody of any law of each year, beginning 2 years after the date study, which shall include any policy rec- enforcement officer; and of enactment of this part, each recipient of a ommendations that the Director considers (2) prohibits a person charged with an of- grant under subpart 1 of part E of this title appropriate.’’. fense described in paragraph (1) from assert- shall submit to the Director of the Office of TITLE IV—CLOSING THE LAW ing the consent of the other individual as a Audit, Assessment, and Management a re- ENFORCEMENT CONSENT LOOPHOLE defense. port that— SEC. 401. SHORT TITLE. (c) REPORTING REQUIREMENT.—A State or ‘‘(A) describes the progress of the body- This title may be cited as the ‘‘Closing the unit of local government that receives a worn camera program; and Law Enforcement Consent Loophole Act of grant under the COPS grant program shall ‘‘(B) contains recommendations on ways in 2021’’. submit to the Attorney General, on an an- which the Federal Government, States, and SEC. 402. PROHIBITION ON ENGAGING IN SEXUAL nual basis, information on— units of local government can further sup- ACTS WHILE ACTING UNDER COLOR (1) the number of reports made to law en- port the implementation of the program. OF LAW. forcement agencies in that State or unit of ‘‘(3) REVIEW.—The Director of the Office of (a) IN GENERAL.—Section 2243 of title 18, local government regarding persons engag- Audit, Assessment, and Management shall United States Code, is amended— ing in a sexual act while acting under color evaluate the policies and protocols of the (1) in the section heading, by adding at the of law during the previous year; and grantees and take such steps as the Director end the following: ‘‘or by any person acting (2) the disposition of each case in which of the Office of Audit, Assessment, and Man- under color of law’’; sexual misconduct by a person acting under

VerDate Sep 11 2014 05:07 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.030 H03MRPT1 SSpencer on DSK126QN23PROD with HOUSE H1054 CONGRESSIONAL RECORD — HOUSE March 3, 2021 color of law was reported during the previous took to the streets to demand funda- have been killed by law enforcement year. mental change in the culture of law en- officers. SEC. 404. REPORTS TO CONGRESS. forcement and to call for meaningful The time for action is now. (a) REPORT BY ATTORNEY GENERAL.—Not accountability for officers who commit I thank the gentlewoman from Cali- later than 1 year after the date of enactment misconduct. fornia (Ms. BASS) for crafting this bold, of this Act, and each year thereafter, the At- yet responsible, legislation. torney General shall submit to Congress a The catalyst for these protests was the tragic and brutal death of George Mr. Speaker, I reserve the balance of report containing— my time. (1) the information required to be reported Floyd. None of us can forget the image Mr. JORDAN. Mr. Speaker, I yield 21⁄2 to the Attorney General under section 403(b); of that officer’s knee pinned to his and neck for nearly 8 agonizing minutes, or minutes to the gentleman from Min- (2) information on— the sound of his anguished pleas of ‘‘I nesota (Mr. STAUBER), a retired police (A) the number of reports made, during the can’t breathe’’ that were ignored until officer. Mr. STAUBER. Mr. Speaker, I rise previous year, to Federal law enforcement his final breath was taken from him. agencies regarding persons engaging in a sex- today in opposition to H.R. 1280, the After his death, the world awoke to ual act while acting under color of law; and George Floyd Justice in Policing Act. daily indignities, and sometimes the (B) the disposition of each case in which With something as important as po- sexual misconduct by a person acting under brutality, that too many people—dis- lice reform, it is important to garner color of law was reported. proportionately Black, Latinx, and in- many perspectives. The JUSTICE Act, (b) REPORT BY GAO.—Not later than 1 year digenous people, people living in pov- legislation Senator SCOTT and I intro- after the date of enactment of this Act, and erty, and people with disabilities—face each year thereafter, the Comptroller Gen- duced, is a product of my perspective in their interactions with law enforce- as a law enforcement officer from Min- eral of the United States shall submit to ment throughout the country. nesota and Senator SCOTT’s perspective Congress a report on any violations of sec- We value and respect the many brave tion 2243(c) of title 18, United States Code, as as a Black man from South Carolina. amended by section 402, committed during and honorable police officers who put The JUSTICE Act increases body the 1-year period covered by the report. their lives on the line every day to pro- cameras and implements duty to inter- SEC. 405. DEFINITION. tect us and our communities. We know vene and deescalation training. It im- In this title, the term ‘‘sexual act’’ has the that most law enforcement officers do proves hiring and recruitment prac- meaning given the term in section 2246 of their jobs with dignity, selflessness, tices. It reinvigorates the principles of title 18, United States Code. and honor, and they are deserving of community policing to rebuild the re- TITLE V—MISCELLANEOUS PROVISIONS our respect and gratitude for all they lationships between law enforcement SEC. 501. SEVERABILITY. do to keep us safe. But we must also officers and the communities that they If any provision of this Act, or the applica- acknowledge that there are too many serve. tion of such a provision to any person or cir- exceptions. The JUSTICE Act, which received bi- cumstance, is held to be unconstitutional, The reality for too many Americans, partisan support last Congress, in- the remainder of this Act and the applica- especially many Black Americans, is cludes several critical provisions that tion of the remaining provisions of this Act that police officers are perceived as a to any person or circumstance shall not be are supported by Democrats: the Wal- affected thereby. threat to their liberties; to their dig- ter Scott Notification Act, the Na- nity; and, too often, to their safety. SEC. 502. SAVINGS CLAUSE. tional Criminal Justice Commission Nothing in this Act shall be construed— Sadly, our country’s history of racism Act, and the Closing the Law Enforce- (1) to limit legal or administrative rem- and racially motivated violence con- ment Consent Loophole Act. It even in- edies under section 1979 of the Revised Stat- tinues to haunt our Nation. cludes legislation that Vice President utes of the United States (42 U.S.C. 1983), We see it in the rates of COVID HARRIS introduced, the Justice for Vic- section 210401 of the Violent Crime Control deaths, in our system of mass incarcer- tims of Lynching Act. and Law Enforcement Act of 1994 (34 U.S.C. ation, and in the vast chasm of eco- Unfortunately, we are not consid- 12601), title I of the Omnibus Crime Control nomic inequality, all of which fall dis- ering the JUSTICE Act today. We are, and Safe Streets Act of 1968 (34 U.S.C. 10101 proportionately on the backs of Afri- et seq.), or title VI of the Civil Rights Act of instead, once again, exploring political 1964 (42 U.S.C. 2000d et seq.); can Americans. And we see it in the gamesmanship through H.R. 1280. (2) to affect any Federal, State, or Tribal harassment and excessive force that Now, when we voted on this legisla- law that applies to an Indian Tribe because many people of color routinely experi- tion last year, the Democrats knew it of the political status of the Tribe; or ence by law enforcement. was dead upon passage, but my good (3) to waive the sovereign immunity of an That is why we must act today. The friends and I in the Problem Solvers Indian Tribe without the consent of the George Floyd Justice in Policing Act Caucus decided that this conversation Tribe. would allow for meaningful account- was too important to let go. So we The SPEAKER pro tempore. The bill ability in cases of police misconduct. It worked for months with Representa- shall be debatable for 1 hour equally di- also effectively bans choke holds, ends tives from both sides of the aisle, with vided and controlled by the chair and racial and religious profiling, ends no- Representatives from the Congres- ranking minority member of the Com- knock warrants in drug cases, and lim- sional Black Caucus, with Representa- mittee on the Judiciary. its the militarization of local policing. tives from law enforcement and legal The gentleman from New York (Mr. It encourages departments to meet a backgrounds, on areas where we could NADLER) and the gentleman from Ohio gold standard in training and other find compromise between the Justice (Mr. JORDAN) each will control 30 min- best practices to reduce police bias and in Policing Act and my bill, the JUS- utes. violence. It requires significant data TICE Act. The Chair recognizes the gentleman collection, including the first-ever na- We discussed no-knock warrants, the from New York. tional database on police-misconduct 1033 program, use of force, record re- GENERAL LEAVE incidents to prevent the movement of tention, and so much more. We were Mr. NADLER. Mr. Speaker, I ask dangerous officers from department to making such great headway. I truly be- unanimous consent that all Members department. lieved that we could have put together have 5 legislative days in which to re- In addition, this legislation creates a a bipartisan package of reforms for our vise and extend their remarks and to process to reimagine how public safety American communities that have been insert extraneous material on H.R. could work in a truly equitable and calling for change. 1280. just way in each community. Unfortunately, the other side walked The SPEAKER pro tempore. Is there Last summer, within weeks of the away. As the election drew near, the objection to the request of the gen- protests that galvanized the Nation, priorities of my Democratic colleagues tleman from New York? the House passed the legislation before shifted. Their fight to retain power be- There was no objection. us today. Unfortunately, the pleas for came more important than providing Mr. NADLER. Mr. Speaker, I yield justice that rang out in the streets fell police reform for the American people. myself 3 minutes. on deaf ears in the Senate. So now we are here again, Mr. Speak- Mr. Speaker, last summer, millions Since then, over 600 more people— er, to vote on the exact same bill with- of Americans all across the country disproportionately people of color— out a single change; a bill that has zero

VerDate Sep 11 2014 05:07 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.030 H03MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 3, 2021 CONGRESSIONAL RECORD — HOUSE H1055 input from Republicans, zero input or don’t work in an environment where that this unfunded mandate placed on support from our law enforcement com- they are chastised for intervening State and local law enforcement will munity. And I will repeat that. Zero when they see a fellow officer abuse a cost several hundred million dollars. input or support from our law enforce- citizen or use deadly force when it is The consequences of H.R. 1280 are ment community. not necessary. And I am certain that clear. It will drain resources away from The SPEAKER pro tempore. The police officers want to make sure that important public safety activities. In- time of the gentleman has expired. they are trained in the best practices stead, law enforcement officers will Mr. JORDAN. Mr. Speaker, I yield an in policing. have to spend their time reporting data additional 15 seconds to the gentleman To support officers, this legislation to Washington, D.C., from behind a from Minnesota. will create the first-ever national ac- desk. Make no mistake. This bill Mr. STAUBER. Mr. Speaker, this is a creditation standards for the operation defunds the police. bill that will, no doubt, make our com- of police departments, set national Additionally, any Member who is op- munities less safe. We all want police standards for officers, and establish posed to defunding the police should be reform and we all want change, but best practices in training, hiring, dees- opposing this bill. This legislation will until such time as we work together, calation strategies, and bystander also lower the mens rea standard when this legislation is just another mes- duty. charging an officer with criminal mis- saging bill from my Democrat col- For example, if officers had better conduct. It removes qualified immu- leagues. training, maybe they would understand nity, which will result in an ineffectual Mr. NADLER. Mr. Speaker, I yield 3 that just because someone can verbally police force and leave our communities minutes to the gentlewoman from Cali- express ‘‘I can’t breathe,’’ does not vulnerable to crime, and it also se- fornia (Ms. BASS), the chief sponsor of mean they are faking and the officer verely limits the Department of De- this legislation. can continue to press on the person’s fense’s 1033 program. Ms. BASS. Mr. Speaker, 30 years ago chest, back, or neck. And despite our Mr. Speaker, but make no mistake, today, Rodney King was viciously beat- best intentions, there will be some offi- regardless of whatever else you may en by police officers in Los Angeles. It cers who cross over the line. feel about this bill, this bill defunds po- would be the first time the world would Mr. Speaker, that is why this bill lice. We can never forget that. If you witness what African Americans had also includes strong accountability oppose defunding the police, you should been organizing, marching, and trying measures, both as a matter of simple be opposing this bill, like I am. to change for over 100 years. justice, and to keep unfit officers off Mr. NADLER. Mr. Speaker, I yield 1 Personally, I was hopeful that once the street. A profession where you have minute to the distinguished gentle- everyone saw what happens in Black the power to kill should be a profession woman from Texas (Ms. JACKSON LEE). communities, policing in America that requires highly trained officers Ms. JACKSON LEE. Mr. Speaker, the would change. I was certain no one who are accountable to the public. tragic death of George Floyd has awak- would deny what they saw with their That is what this bill accomplishes. ened the Nation, the world. own eyes and that the officers would be Police officers are the first to say it Last summer, in response to a call convicted. But they were acquitted. is unfair that they are not trained to for action from righteous protestors Some were even hired by other police be social workers or healthcare pro- across the Nation, we had to stand up. departments. viders. And we know that 8 minutes and 46 sec- The sad truth was, when people told The SPEAKER pro tempore. The onds are printed and imprinted in the their stories of abuse or even murder at time of the gentlewoman has expired. brains of those around the world. There the hands of police officers, they were Mr. NADLER. Mr. Speaker, I yield an is no defunding of the police. It is simply not believed. The story was al- additional 15 seconds to the gentle- standing up the police and the commu- ways the same: I was in fear of my life. woman. nity. I thought they had a gun. The person Ms. BASS. Mr. Speaker, the Justice Today, we are honored that the was resisting arrest. The individual at- in Policing Act reinvests in our com- George Floyd family did not turn to tempted to assault me. munities. bitterness, but they turned to justice. That is all that was needed for the If this legislation had been the law of Their parents, Larcenia and George; beating or murder to be discounted, the land several years ago, Eric Garner his daughter, Gianna; his siblings, dismissed. The individuals’ lives had and George Floyd would be alive today, Philonise, Zsa Zsa Williams, LaTonya little value. because the bill bans choke holds. Floyd, Rodney Floyd, Bridgett Floyd, Even children. These are children If the bill had been law last year, Terrence Floyd, and a nephew, Brandon here. This is an 8-year-old, a 10-year- Breonna Taylor would not have been Williams. old, a mother, and another child placed shot to death in her sleep, because no- We know that we will be ending ra- on the ground because the mother was knock warrants for drug offenses would cial profiling now. We know that we suspected of stealing a car. have been illegal. will have qualified immunity for jus- Several years after Rodney King’s And if a national registry had been in tice in the courts. We know that there beating, cell phone cameras were in- effect, it would have been revealed that will be training on racial bias. We will vented. It has taken technology and ac- the officer who killed 12-year-old ban no-knock. We will ban choke holds. tive citizen involvement to document Tamir Rice— We will make sure that we end the ra- and expose this reality. And now there Mr. Speaker, I urge all of my col- cial profiling that caused George to are many tapes, many examples of in- leagues to support the George Floyd come out of a grocery store and have dividuals being shot and killed by offi- Justice in Policing Act. someone’s knee on his neck for 8 min- cers, yet transformation of policing in Mr. JORDAN. Mr. Speaker, I yield 11⁄2 utes and 46 seconds. America has still not happened. minutes to the gentleman from Ari- Mr. Speaker, the world has stood up Passing the George Floyd Justice in zona (Mr. BIGGS), the ranking member and justice is about to be rained on us. Policing Act will be a critical first of the Crime, Terrorism and Homeland Mr. Speaker, as a senior member of the step—just a first step—to transform Security Subcommittee. Committee on the Judiciary, as an original co- policing in America. The bill raises the Mr. BIGGS. Mr. Speaker, I thank the sponsor of the legislation, and the author of standards for policing and holds those gentleman for yielding. several of its key legislative provisions, I rise officers accountable who fail to uphold Mr. Speaker, the Congressional Budg- in strong and enthusiastic support of H.R. the ethic of protecting and serving et Office confirmed earlier this week 1280, the George Floyd Justice In Policing Act their communities. that the Justice in Policing Act con- of 2021, which marks a defining turning point tains an unfunded mandate by requir- in our country. b 1830 ing onerous data collection reporting Let me say at the outset, Mr. Speaker, that Now, I know that change is difficult, from State and local law enforcement. any questions that there continues to exist but I am certain that police officers This includes granular data collection today racial double-standards, disparities, and who risk their lives every day are con- on such basic law enforcement activi- system racism in policing and the administra- cerned about their profession, and they ties, like traffic stops. CBO estimates tion of justice were conclusively laid to rest by

VerDate Sep 11 2014 06:30 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 9920 E:\CR\FM\K03MR7.042 H03MRPT1 SSpencer on DSK126QN23PROD with HOUSE H1056 CONGRESSIONAL RECORD — HOUSE March 3, 2021 what social scientists would regard as a ‘‘nat- lice office shocked and awakened the moral from paranoid schizophrenia, who was killed ural experiment’’ that took place in Wash- consciousness of the nation. outside her home in Baytown, Texas, by an ington, D.C., beginning in the summer and cul- Untold millions saw the terrifying last 8:46 of officer of the Baytown Police Department, on minating with the January 6, 2021, insurrection life drained from a Black man, George Floyd, Monday, May 13, 2019, the day after Mother’s and siege of the U.S. Capitol by Trump taking his last breaths face down in the street Day. seditionists incited by the 45th President of the with his neck under the knee of a police officer Or Jordan Baker, an unarmed 26-year-old United States. who, along with his three cohorts, was indif- African American male from Houston, Texas, Mass protests and political rallies took place ferent to his cries for help and pleas that he who was shot to death by an off-duty uni- in Washington, D.C., started May 29, 2020, ‘‘can’t breathe.’’ formed member of the Houston Police Depart- four days after George Floyd died in Min- In direct response, for past several months ment in the parking lot of a Harris County nesota after a Minneapolis police officer civil protests against police brutality have oc- shopping mall on January 16, 2014. kneeled on his neck for more than eight min- curred nightly in cities large and small all Or Danny Ray Thomas, an unarmed 34- utes. across the nation. year-old African American male, who was shot By the millions, Americans took to the These protests were a direct reaction to the to death by a uniformed officer of the Harris streets in protest to affirm that no longer will horrific killing of George Floyd but are most County Sheriffs Department on March 22, the people of this country tolerate or acqui- motivated by a deep-seated anger and frustra- 2018, in Houston, Texas. esce in horrible policing practices that include tion to the separate and unequal justice Afri- Indeed, the history goes back much further, excessive and unnecessary uses of lethal can Americans receive at the hands of too past Amidou Diallo in New York City, past the force that has diminished community trust of many law enforcement officers. Central Park Five, past Emmitt Till, past the policing practices across the country and has The civil disobedience witnessed nightly in racist abuse of law enforcement power during angered and terrified communities of color the streets of America were also in memory of the struggle for civil rights and equal treat- who are overwhelmingly and disproportion- countless acts of the inequality and cruelty vis- ment. ately its innocent victims. ited upon young African American men and Mr. Speaker, the times we are in demand Within days of the demonstrations, U.S. At- women no longer with us in body but forever that action be taken and that is precisely what torney General Bill Barr announced that mul- with us in memory. my colleagues in the Congressional Black tiple law enforcement agencies, including the Beloved souls like Breanna Taylor in Louis- Caucus, on this committee, and Congressional National Guard, Secret Service and Federal ville, Kentucky; Eric Garner and Sean Bell in Democrats did in introducing H.R. 1280, the Bureau of Investigation, would ‘‘flood the New York City; 12-year old Tamir Rice in George Floyd Justice in Policing Act of 2020. zone’’ in D.C. Cleveland; and Michael Brown in Ferguson, And we are taking the next bold action Thousands of law enforcement officials, Missouri. today in voting to pass this legislation and armed with tear gas, rubber bullets and fire- They remember the senseless killings as send it to the Senate and on to the White arms were deployed to protect the city. well of Ahmaud Arbery and Trayvon Martin by House for presidential signature and enact- Hundreds of people were arrested, D.C. po- self-appointed vigilantes. ment. lice records show. Stephon Clark, was an unarmed 22-year-old I support this bold legislation not just as a More than 300 were arrested on June 1, African American male from Sacramento, Cali- senior member of the House Judiciary Com- 2020, the day Attorney General Barr ordered fornia, who was shot 23 times and killed by mittee, who also served on the House Work- law enforcement to forcefully clear peaceful two uniformed members of the Sacramento ing Group on Police Strategies, but also a protesters from a perimeter near the White Police Department on Sunday afternoon, mother of a young African American male who House, making room for President Trump to March 18, 2018, in his grandmother’s back- knows the anxiety that African American moth- pose for cameras while waving a Bible in front yard, leaving behind two small children be- ers feel until they can hug their sons and of St. John’s Episcopal Church. cause police officers claim that he had a gun daughters who return home safely, and on be- It was the largest number of arrests re- but no weapon was found at the scene, only half of all those relatives and friends who corded for any day during the summer of a cell phone. grieve over the loss a loved one whose life events. In August 2019, Elijah McClain, a 23-year- and future was wrongly and cruelly interrupted Across the nation, law enforcement made old African American man, was simply listen- or ended by mistreatment at the hands of the an estimated 14,000 arrests in 49 U.S. cities ing to music while walking home from a con- police. during anti-racism protests in the summer of venience store when he was stopped without The George Floyd Justice in Policing Act of 2020, according to the Washington Post. basis by officers of the Aurora, Colorado Po- 2021 is designed to destroy the pillars of sys- Following the November 3, 2020, election of lice Department, put into a carotid hold and temic racism in policing practices that has vic- Joe Eiden and running mate KAMALA HARRIS, given multiple doses of ketamine, which timized communities of color, and especially large groups of Trump supporters held rallies caused cardiac arrest from which he fell into African Americans for decades, is overdue, in the city, where they clashed with counter- a coma and died three days later. too long overdue. protesters. And the continuing need for their activism This legislation puts the Congress of the Police made 20 arrests during the so-called was reflected in the recent outrage, which United States on record against racial profiling Million MAGA March on November 14, 2020, began on June 12, 2020, and ended in the in policing and against the excessive, unjusti- an event in which Trump-supporters, including senseless slaughter of Rayshard Brooks, who fied, and discriminatory use of lethal and force White nationalists, far-right extremist groups, was simply sleeping in his car at a local by law enforcement officers against persons of and conservative politicians gathered in D.C. Wendy’s restaurant, by a uniformed officer of color. to protest the election results. the Atlanta Police Department. The legislation means no longer will employ- And, incredibly, only 61 arrests were made It was reflected again on August 23, 2020, ment of practices that encourage systemic of rioters, who were overwhelming white and when a Kenosha Police Department officer mistreatment of persons because of their race who used violence, that stormed the Capitol shot Jacob S. Blake, a 29-year-old black man, be ignored or tolerated. on January 6, an attack that claimed the lives in the back seven times—yes seven—as he With our vote today to pass the George of at least six persons, injured hundreds of attempted to enter his SUV where three of his Floyd Justice in Policing Act of 2021, the gov- others, caused horrific damage to property young sons were in the back seat. ernment of the United States is declaring firm- and national treasures, and inflicted emotional We know the pain and heartbreak in my ly, forcefully, and unequivocally that Black scars that will not heal for generations. home state of Texas and the City of Houston Lives Matter. But most of these arrests are related to where Robbie Tolan’s promising Major League It is true all lives matter, they always have. charges involving curfew violations—D.C. Baseball was career was cut short after being But that Black lives matter too, and in so mayor Muriel Bowser announced a 6 p.m. cur- shot by Bellaire Police Department officer in many other areas of civic life, this nation has few, though mobs had broken into the Capitol the front yard of his parents’ home. not always lived up to its promise but that the hours earlier, around 1:30 p.m. And Sandra Bland, a 28-year-old African promise is worthy of fulfilling. There were only four non-curfew-related ar- American female who was arrested after a Every African American parent, and every rests, compared to 40 non-curfew-related ar- traffic stop just outside of Houston, Texas, and African America child, knows all too well ‘The rests during Black Lives Matter protests on found dead in a Waller County jail cell three Talk’ and the importance of abiding by the June 1, 2020. days later. rules for surviving interactions with the police. Mr. Speaker, the horrifying killing of George Or Pamela Turner, an unarmed 44-year old While many police officers take this respon- Floyd on May 25, 2020 by a Minneapolis po- African American mother of three who suffered sibility seriously and strive to treat all persons

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Daddy changed the world. tices left in place can corrupt even the most Effective enforcement of the law and admin- Thank you, George Floyd for what you have virtuous police officers. istration of justice requires the confidence of done for us, for helping us find our voice and So, the most important criminal justice re- the community that the law will be enforced our resolve. forms needed to improve the criminal justice impartially and that all persons are treated We will not let you down; we will finish the system are those that will increase public con- equally without regard to race or ethnicity or job. fidence and build trust and mutual respect be- religion or national origin. Mr. JORDAN. Mr. Speaker, I yield tween law enforcement and the communities As the great jurist Judge Learned Hand myself such time as I may consume. they swear an oath and are willing to risk their said: ‘‘If we are to keep our democracy, there The gentlewoman just said that there lives to protect and serve. must be one commandment: thou shalt not ra- was no defunding of the police. I would That is the overriding purpose and aim of tion justice.’’ just point out Democrat-controlled cit- the George Floyd Justice in Policing Act of Equal justice is the proud promise America ies around the country: 2021, which contains numerous provisions to makes to all persons; the George Floyd Jus- Austin, Texas, $150 million cut; weed out and eliminate systemic racism in po- tice in Policing Act of 2021 will help make that Baltimore, Maryland, $22 million; lice practices. promise a lived reality for African Americans, Boston, $12 million; Specifically, this legislation holds police ac- who have not ever known it to be true in the Burlington, $1 million; countable in our courts by: area of community-police relations. Columbus, $23 million; Amending the mens rea requirement in fed- And when Black Lives Matter, then and only Denver, $55 million; eral law (18 U.S.C. Section 242) to prosecute then can it truthfully be said that all lives mat- Eureka, California, $1.2 million; police misconduct from ‘‘willfulness’’ to a ter. Hartford, $2 million; ‘‘recklessness’’ standard; Finally, let me say a few words in memory Los Angeles, $175 million; Reforming qualified immunity so that individ- of the man whose sacrifice of his inalienable Madison, Wisconsin, $2 million; uals are not barred from recovering damages right to life has galvanized the world and Minneapolis, $8 million; when police violate their constitutional rights; awakened the sleeping giant of moral de- New York, $1 billion; Incentivizing state attorneys general to con- cency. Norman, $865,000; duct pattern and practice investigations and Mr. Speaker, let me pay tribute to the per- Oakland, $14.6 million; improving the use of pattern and practice in- son for whom this legislation is named and to Oklahoma City, $5.5 million; vestigations at the federal level by granting the his family. Philadelphia, $33 million; Department of Justice Civil Rights Division George Floyd, also known lovingly as ‘‘Big Portland, Oregon, $15 million; subpoena power; Floyd,’’ ‘‘Perry,’’ or ‘‘The Gentle Giant,’’ loved Salt Lake City, $5.3 million; Incentivizing states to create independent life, his family, friends, and community and San Francisco, $120 million; investigative structures for police involved throughout his life used his love of sports and Seattle, $69 million; deaths; and music to leave a positive impact on this world. Washington, D.C., $15 million cut. Creating best practices recommendations Mr. Speaker, rather than giving in to bitter- That is what Democrats have done based on the Obama 21st Century Policing ness and hate, the family of George Floyd has over the last year. Task force. channeled the pain and heartbreak of the trag- Mr. Speaker, I yield 1 minute to the As recognized by scholars at Cato—the ic loss of their beloved George into the cre- gentleman from Utah (Mr. OWENS). conservative think tank Cato—the time has ation of a force for good: The George Floyd Mr. OWENS. Mr. Speaker, I rise in come to abolish qualified immunity. Memorial Foundation, Inc., a 501(c)(3) non- opposition to H.R. 1280. According to Cato, ‘‘qualified immunity is a profit, to promote global awareness about ra- legally baseless judicial invention’’ that has I spent the last week talking to law cial injustice and provide opportunities for oth- enforcement officers in Utah. These ‘‘proven unworkable as a matter of judicial ers to contribute to the unification of our com- doctrine,’’ and ‘‘routinely denies justice to the men and women are heroes. They are munities and touch the world. good, honest officers who risk their victims of egregious misconduct and under- Let me thank each member of the Floyd mines public accountability across the board, lives every day to keep us safe. family and list them by name: his parents, I asked them about H.R. 1280, and especially for members of law enforcement.’’ Larcenia Jones-Floyd and George Perry I am particularly pleased that the George this is what they said: Floyd, Sr.; his daughter, Gianna Floyd; his sib- ‘‘This will destroy public safety.’’ Floyd Justice in Policing Act includes the End lings Philonise Floyd, Zsa Zsa Williams, Racial Profiling Now Act, which I introduced to ‘‘We haven’t done anything to earn LaTonya Floyd, Rodney Floyd, Bridget Floyd, this type of distrust.’’ ban the pernicious practice of racial profiling. Terrence Floyd; and nephew, Brandon ‘‘WOO’’ In addition, I am proud that this legislation ‘‘This will push good law enforce- Williams. ment out of the business.’’ includes as Title I, Subtitle B, the bipartisan Mr. Speaker, in Acts 2:23 of the Scriptures ‘‘Utah is an amazing place. We have and bicameral George Floyd Law Enforcement it is written that ‘‘This man was handed over the right people protecting us. Let’s Trust and Integrity Act, which I introduced with to you by God’s deliberate plan and foreknowl- keep them here.’’ Congressman JASON CROW of Colorado in the edge; and you with the help of wicked men, Mr. Speaker, police reform is nec- 116th Congress as H.R. 7100. put him to death by nailing him to the cross.’’ essary. We need to give officers the This legislation provides incentives for local Duty calls us to do improve the quality of tools they need to fairly enforce the police organizations to voluntarily adopt per- policing in America. formance-based standards to ensure that inci- We cannot agitate for change one day and law. But this legislation paints a tar- dents of deadly force or misconduct will be then allow things to remain the same, to allow get on the back of every police officer minimized through appropriate management wicked men to keep committing this crime in America. and training protocols and properly inves- against humanity. In Salt Lake City, we saw a 38 per- tigated, should they occur. This behavior did not begin with George cent increase in homicides. At the The legislation directs the Department of Floyd; there is a 400-year history here, from same time, Salt Lake cut $5.3 million Justice to work cooperatively with independent slave patrols, to Jim Crow to Bull Connor to from the police department’s budget. It accreditation, law enforcement and commu- the modern-day lynching of George Floyd by should be no surprise that voluntary nity-based organizations to further develop Minneapolis police officer Derek Chauvin. resignations doubled. This bill will and refine the accreditation standards and But the good news is that right is on our make good officers flee the profession grants conditional authority to the Department side; God has stepped in. when we need them most. of Justice to make grants to law enforcement In John 1:46 it is said, ‘‘can anything good Mr. Speaker, Democrats won’t say agencies for the purpose of obtaining accredi- come out of Nazareth?’’ this, but this bill simply defunds the tation from certified law enforcement accredi- When he was growing up, I am sure there police. Not in Utah’s Fourth District; tation organizations. were people who saw George Floyd and not now; not ever. As I have stated many times, direct action asked can anything good come out of the Mr. NADLER. Mr. Speaker, I would is vitally important but to be effective it must Third Ward of Houston? simply point out that this bill does

VerDate Sep 11 2014 06:30 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.034 H03MRPT1 SSpencer on DSK126QN23PROD with HOUSE H1058 CONGRESSIONAL RECORD — HOUSE March 3, 2021 not—all the cities that we talked cause, yes, what this bill does is take publicans and Democrats to discuss about, it does not mention any cities. this kind of equipment off the backs of ways to push needed police reforms. Mr. Speaker, I yield 1 minute to the our men and women in uniform. But in this dysfunctional Congress, we distinguished gentleman from Ten- Mr. Speaker, I ask you and my col- got a bill that strips our frontline po- nessee (Mr. COHEN). leagues who are considering voting for lice officers from qualified immunity, Mr. COHEN. Mr. Speaker, I rise in this bill: that will weaken and possibly destroy strong support of the George Floyd Are you waking up at 2 a.m. to re- our communities’ police forces. Justice in Policing Act. spond to a gruesome murder? Mr. Speaker, as mayor and sheriff of I started my career as the legal ad- Are you missing your children’s Miami-Dade County, and a former viser to the Memphis Police Depart- birthday parties to respond to gang SWAT medic myself, I was actually re- ment. There were many fine policemen, shootings? sponsible for ensuring my community and most of them never used a choke There is absolutely room for us to was kept safe from lawlessness. I un- hold, never used their gun, and oper- improve. There is absolutely room and derstand firsthand the importance of ated admirably. Some did not. a necessity for us to do better. But the qualified immunity for police officers The disproportionate share that Afri- answer is not to defund the police. It is to carry out their jobs. can Americans have suffered from not the answer. What this bill ulti- Officers perform vital tasks requiring killings by police shows we need to act. mately does is defund the police. split-second decisions under intense You can’t think about George Floyd You want a better trained, more re- circumstances. Taking away qualified being choked with a knee and killed for sponsive police force in your home- immunity will lead to police officers 8 minutes. You can’t think of Eric Gar- town? Fully fund the police. You say not taking the decisive actions and ner being wrestled down like a prize this is a reform bill, and I say that is rendering it impossible for them to do trophy animal and killed in Staten Is- BS. their job. Without this security, offi- Mr. Speaker, your own conference land, or young Tamir Rice, shot with- cers will resign and deplete our police members have been advocating for the out an officer taking a second to think force, leaving our communities—the defunding of our local police officers, about it. very ones who need a strong police calling them names that I cannot and Mr. Speaker, these deaths require us force the most—less safe and costing will not repeat here today. In fact, to act. This is not defund the police. the lives of countless Americans. many of your members have made it a This is reform the police and save Mr. Speaker, I encourage all my col- human lives. We need to pass this bill top priority of their platforms. Mr. NADLER. Mr. Speaker, I yield 1 leagues to vote against this dangerous today. We should have passed it 40 minute to the distinguished gentleman bill. years ago when I was a police attorney. Mr. NADLER. Mr. Speaker, I yield 1 from Rhode Island (Mr. CICILLINE). Pass it now. Mr. CICILLINE. Mr. Speaker, George minute to the distinguished gentle- Mr. JORDAN. Mr. Speaker, I yield 2 Floyd died under the knee of a police woman from Washington (Ms. minutes to the gentlewoman from officer 302 days ago. In the time since JAYAPAL). Florida (Mrs. CAMMACK). Ms. JAYAPAL. Mr. Speaker, I rise then, 797 people—more than 21⁄2 every Mrs. CAMMACK. Mr. Speaker, I rise day—have died during encounters with today to strongly support the George today to speak in strong opposition to law enforcement. Floyd Justice in Policing Act and to the efforts by you and your colleagues Black Americans are 21⁄2 times as say Black Lives Matter. to defund our police. likely as White Americans to be killed I rise for Charleena Lyles, Che Tay- This week we will be voting on H.R. by the police. Police use of force is now lor, Manuel Ellis, Tommy Le, Tony 1280, the George Floyd Justice in Polic- the sixth-leading cause of death for McDade, George Floyd, Breonna Tay- ing Act. This bill is named after a man young Black men in this country. This lor, Eric Garner, Atatiana Jefferson, who was murdered by a police officer. cannot continue. It is time to address Ezell Ford, Tanisha Anderson, Tamir The officer responsible should have systemic racism in policing. Rice, Walter Scott, Philando Castile, never been allowed to don a badge and Mr. Speaker, this bill will begin to do Gabriella Nevarez, Botham Jean. act on behalf of the agency sworn to that. It ends choke holds. It will hold I rise for all of our Black siblings protect its citizens. He should and is bad officers accountable, combat racial who have been killed by law enforce- being held accountable. profiling, and demilitarize police de- ment, because there are far too many Now, as a member of a first responder partments. This bill is about ensuring to say all of their names. family, I can say definitively on behalf accountability and restoring trust be- I rise for the Black Lives Matter of our officers that there is absolutely tween law enforcement and their com- protestors who were met with aggres- nothing, nothing that a good cop hates munities. Both the police and the com- sion, tear gas, and force while White more than a bad cop. And as the wife of munity deserve that and will benefit domestic terrorists were met with none a first responder, this issue could not from it. of these things. be more personal to me. Mr. Speaker, I am proud to be a co- I rise to answer the call of millions of Mr. Speaker, my husband serves our sponsor, and I urge my colleagues to people led by Black voices who have local community as a firefighter and a support it. taken to the streets demanding trans- SWAT medic for our local sheriff’s de- And I would say, there has been a lot formative change. partment. And next to me here today, of discussion about defunding the po- I rise because that change begins you see one of his SWAT vests. lice. The only party in this Chamber today by once again passing the George This is the same vest that he wore defunding the police are the Repub- Floyd Justice in Policing Act. for 14 hours while on a massive man- licans, who just voted against billions b 1845 hunt for a man who had just been re- of dollars to support local and State leased from prison, who promptly raped government, first responders, police of- Mr. JORDAN. Mr. Speaker, I yield 1 and killed his girlfriend. ficers. We supported that. We are fund- minute to the gentleman from Florida It is the same vest that he wore while ing the police. They voted to defund it. (Mr. STEUBE). responding to a man who had barri- Mr. Speaker, this bill restores rela- Mr. STEUBE. Mr. Speaker, I rise caded himself with weapons, threat- tionships between the police and the today in support of our Nation’s law ening to kill his own children. community, and I urge its passage. enforcement. Blessed are the peace- These are just some of the scenes Mr. JORDAN. Mr. Speaker, I yield 1 makers for they will be called children that this vest and my husband have minute to the gentleman from Florida of God. seen, like so many of our LEOs. But (Mr. GIMENEZ). Mr. Speaker, since last summer, the real threat here is not the dan- Mr. GIMENEZ. Mr. Speaker, I rise members of law enforcement have gerous situations that my husband has today in opposition to this egregious, faced attacks and dangerous rhetoric, seen in protecting his community, it is so-called police reform bill. The proc- even from Members of this body. As of- the fact that this bill—and by exten- ess used to craft this bill is nonsense. ficers put their lives on the line to pro- sion, you, Mr. Speaker—want to take In a normal functioning Congress, tect all of us, our communities, and this vest off my husband’s back be- the Speaker would bring together Re- our families, we have seen nothing but

VerDate Sep 11 2014 06:30 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.044 H03MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 3, 2021 CONGRESSIONAL RECORD — HOUSE H1059 dangerous attempts from the left to their summer of love and lawlessness, feel the energy of many millions of defund, dismantle, and disband the po- look at the results. Their storefronts Americans of every race, every faith, lice even as we stand here today, sur- are boarded up. Their buildings are and every age taking peacefully to the rounded by razor wire, the National burned out. Their streets are increas- streets in protest against injustice, we Guard and increased police presence to ingly surrendered to the lawless. know that change must come now. protect you, but you don’t want them Frankly, the Democrats in Congress I know how you lament the use of vi- to protect our citizens. that have applauded these policies olence. I saw that on January 6. Mr. Speaker, this bill would end would not be my first choice to micro- Mr. Speaker, peaceful demonstra- qualified immunity. Qualified immu- manage every police department across tions, Martin Luther King was locked nity is only applicable when they fol- our country as this bill does; just say- up. Rosa Parks was locked up. For a low their training and protocol and ing. crime? Of course, Parks sat in the front protects officers from being personally The ultimate target of the left is not of the bus. That was illegal. As King sued for official actions. If we repeal isolated abuses by law enforcement of- said, an illegal law ought not to be qualified immunity, we will not find ficers but, rather, law enforcement obeyed. anyone willing to serve as police offi- itself. As we can now see, without law Mr. Speaker, they paid the con- cers because they can be sued out of ev- enforcement, there is no law. sequences. They had the courage and erything they own for doing their jobs. Mr. NADLER. Mr. Speaker, no mat- fortitude to do that. Mr. Speaker, if that is not enough, ter how many times the other side says That is why we took action last year, this bill would threaten our officers’ that this bill will defund the police, it passing the George Floyd Justice in physical safety by denying them pro- does not make it true. Policing Act. This legislation addresses tective gear and equipment. The Demo- Mr. Speaker, I yield 1 minute to the police choke holds like the kind that crats and radical left are going to distinguished gentleman from Mary- took George Floyd’s life. Stand if you defund and dismantle departments and land (Mr. HOYER). can justify that action. take away officers’ liability protection Mr. HOYER. Mr. Speaker, it would be Mr. Speaker, it addresses no-knock for doing their job. Then they are going an irresponsible policy to defund the warrants like the one that led to the to take away their physical protection police. We are not for that. tragic and preventable death of from harm. We will be lucky to have a Hear me. You can say it over and Breonna Taylor. It would condition police force in America in 10 years. over and over again. It will be a lie. No Federal funding and resources to police Mr. NADLER. Mr. Speaker, I yield 1 matter how well it serves your polit- departments on ending racial profiling. minute to the distinguished gentle- ical purposes, it will be a lie. Content of character, did we not learn woman from Georgia (Mrs. MCBATH). Mr. Speaker, I rise in strong support that lesson? It is not the color of your Mrs. MCBATH. Mr. Speaker, I am so of this legislation. I want to thank skin, the cut of the cloth you wear, or proud of our many officers in Georgia’s Representative BASS and members of the part in your hair. Sixth Congressional District, here in the Congressional Black Caucus for Mr. Speaker, we ask them to follow the Capitol, and those nationwide who their leadership last year and now. I best practices with that power and au- do all that they can to keep our fami- also want to thank my friend, Chair- thority we have given them, best prac- lies safe. man NADLER, and the Judiciary Com- tices in police training that help en- They have the trust of their commu- mittee for their hard work. sure the rights of those who encounter nities and, as a result, are better at en- I am proud to be an original sponsor. police, as well as the safety of all of us. suring everyone’s safety. These officers If I thought this defunded the police, I Mr. Speaker, this bill also brings jus- know the people that they serve. They would not be for it. Now, that won’t af- tice to victims and their families by fa- see them as brothers, sisters, and fect you and your debate, I understand cilitating, under appropriate cir- neighbors. They serve with honor and that, any more than it affected you in cumstances, their ability to seek re- respect the dignity of every citizen. recognizing the legitimacy of the Pres- dress of grievances. This bill is about making sure that idential election. This bill is not only intended to pro- every officer and every department is I am proud to be an original sponsor. tect people who encounter the police, held to the same standard as has been Mr. Speaker, in June of last year, the but it is meant to help keep police safe set by the officers in my own district. House passed this bill because we rec- as well, to help them do the difficult Mr. Speaker, by passing the George ognized that something had to change. job of keeping their communities safe. Floyd Justice in Policing Act, we in- Change could not wait. Change waited Mr. Speaker, there is not a Member vest in our departments, end harmful too long in the Jim Crow South. of this body, I think I can safely say, profiling, and provide grants to com- Change has waited too long throughout who has attended more frequently the munities finding new and innovative this country—North, East, West, and annual National Law Enforcement Offi- ways to improve safety. South. cers Memorial Fund ceremony. I am This bill ensures all of our police offi- Mr. Speaker, when we mournfully local, but I dare say that no Member in cers have the resources to become our say the names of George Floyd, this body has attended that more fre- very best police officers, and that they Breonna Taylor, Eric Garner, Michael quently, been more supportive of law are all working to make sure that Brown, Philando Castile, Freddie Gray, enforcement, or been more supportive every single one of us is safer. with a list that goes on and on and on of my local sheriffs and police depart- Mr. JORDAN. Mr. Speaker, I yield 1 and on, enough, my colleagues, enough. ments. They are critically important. minute to the gentleman from Cali- We must change the psychology of Of course, we don’t want to defund fornia (Mr. MCCLINTOCK). how we treat people. I don’t mean po- them. We have to have a safe society if Mr. MCCLINTOCK. Mr. Speaker, lice alone. I mean all of us, but all of us democracy is going to prevail. That is whenever the left takes control of local don’t carry guns. All of us have not why we have law enforcement. law enforcement, the result is predict- been given extraordinary authority by Mr. Speaker, I have heard from so able and catastrophic. They act to the public we serve. Because we give many law enforcement officials who defund the police, deliberately with- certain people in this country extraor- are deeply concerned about misconduct hold police protection from law-abiding dinary authority to take our freedom and racial bias in policing, just as each shopkeepers and citizens, declare sanc- away and, yes, to take our lives away, one of us ought to be concerned about tuaries for criminal illegal aliens, de- we must ensure accountability for the a politician who commits a crime. cline to charge criminals, and prevent use of that power, just as the voters Why? It reflects on all of us. All of law-abiding citizens from protecting ought to ensure accountability for the those politicians are crooks. Somebody themselves. power that they give to us. out there is saying amen. Mr. Speaker, we are now suffering When we hear about African Amer- That is why this is important, be- the result: skyrocketing homicides, ican parents having to teach their sons cause there are so many hundreds of shootings, and other violent crimes, how to act during encounters with po- thousands of honest, hardworking, cou- preying most of all upon the decent lice so that they, too, don’t become rageous, dedicated police officers, sher- citizens of our inner cities. Now, after victims, it is time for change. When we iffs, and constables in this country.

VerDate Sep 11 2014 06:30 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.046 H03MRPT1 SSpencer on DSK126QN23PROD with HOUSE H1060 CONGRESSIONAL RECORD — HOUSE March 3, 2021 Mr. Speaker, most police officers are And when you fail to condemn vio- Mr. NADLER. Mr. Speaker, no mat- good and decent men and women, serv- lence—all violence, whether it happens ter how many times Republicans may ing with honor. They want to know on January 6 or last summer—you get say the contrary, Democrats have that their ranks are free from those more violence. never called for defunding the police. who would apply bias and sow mistrust Everyone understands that. Everyone Mr. Speaker, I now yield 1 minute to that endangers their and their col- should understand that, but it seems the distinguished gentleman from New leagues’ safety. This is just the begin- Democrats don’t. York (Mr. JEFFRIES). ning of a larger effort to reform polic- We had a bill in the House, just like Mr. JEFFRIES. Mr. Speaker, we re- ing, which will require the Senate and Senator SCOTT’s bill, and Representa- spect every single officer who has died White House to work with us to ensure tive STAUBER was the sponsor. Last in the line of duty. that victims of misconduct and their year, when we had a markup, we of- The question is: Why don’t you re- families get the justice they deserve, fered 12 amendments in committee. spect those Black and Latino individ- while police departments have the sup- They wouldn’t take any of them. Some uals who were shot in the back, choked port, the funding, if you will, they need of the amendments, the Democrats ac- to death, beaten nearly unconscious, or to keep our communities safe. tually supported them. But nope, nope, have a knee to the neck, strangling the Mr. Speaker, sadly, when we passed got to be this bill. life out of them for 8 minutes and 46 this bill last year, the Republican-con- They didn’t want to work with us to seconds? Why don’t you respect them? trolled Senate refused even to consider deal with the real concern, because we That is what the George Floyd Jus- it. They were in charge. They put no all know what happened to Mr. Floyd tice in Policing Act is all about. bill of their own on the floor. I apolo- was as wrong as wrong could be. We We respect police officers, those who gize. I retract that. Mr. JORDAN is cor- were willing to work, but, no, they protect and serve; but we have a chal- rect. wouldn’t take any of our amendments lenge with police violence, police bru- Now, however, with this Democratic and said the things they said last sum- tality. The police abuse of force cannot Senate majority, I hope I can see ac- mer. We should work together on this, be denied, video after video after video. tion, work with Senator SCOTT, and but they don’t want to. They don’t Don’t believe us, believe your own come to a resolution, because this want to do it. eyes. problem will not go away if we don’t They want their own bill. They don’t Thirty years ago, Rodney King was help it. We will not save lives if we want Republicans to vote for it. They beaten on this very day, and we don’t act. want to play politics. We would actu- thought it would be different. But 30 Mr. Speaker, I know that this is a top ally like to solve the problem. We years later, nothing has changed in priority for Senate Democrats, as well would actually like to solve the prob- terms of accountability and reining in as for President Biden and Vice Presi- lem. those officers who cross the line. dent Harris. So, I hope that we will not You know what else happens when It is time to pass the George Floyd only see the George Floyd Justice in you call for defunding the police? Justice in Policing Act, and do it now. Policing Act pass the House today but The police retire. There is a 72 per- Mr. JORDAN. Mr. Speaker, I yield 1 also be signed into law this Congress. cent increase in retirement of police minute to the gentleman from Wis- Mr. Speaker, this is a necessary bill officers in New York City alone. Think consin (Mr. TIFFANY). to respond to a crisis throughout our of what it is like around the country. Mr. TIFFANY. Mr. Speaker, this bill country, certainly not by every mem- That is what happens when you send ignores the harm that anti-law enforce- ber of law enforcement, but by the mi- the message that Democrats sent all ment rhetoric and unchecked violence nority of law enforcement officers, just last summer. It is wrong. We shouldn’t have inflicted on our communities and as my colleagues on both sides of the stand for it. our police. aisle are a credit to the service in this Mr. Speaker, I yield 1 minute to the Since last year, we have seen busi- House, not all, but the overwhelming gentleman from Texas (Mr. ROY). nesses and communities terrorized, majority. Mr. ROY. Mr. Speaker, Officer Tif- burned, and looted by criminal gangs Mr. Speaker, let’s pass this bill. Let’s fany-Victoria Enriquez, Officer Kaulike and thugs, while some elected officials act for justice. Kalama, Sheriff Sheldon Gordon justified the violence, called for The SPEAKER pro tempore. Mem- Whiteman, Officer Katherine Mary defunding the police, and moved to tie bers are reminded to direct their re- Thyne, I could go on and on 113 times the hands of law enforcement. In es- marks to the Chair and not to each with the names of law enforcement of- sence, lawlessness prevailed and ac- other. ficers who died in the line of duty, who countability failed. This legislation were killed last year in 2020—113. doubles down on that failed policy. b 1900 And we are on the floor of the House In my home State of Wisconsin, we Mr. JORDAN. Mr. Speaker, I yield of Representatives with a bill gutting watched city officials in Madison, Ke- myself such time as I may consume. the qualified immunity that helps pro- nosha, and Milwaukee stand by as vio- Mr. Speaker, the majority leader just tect our law enforcement officers with- lent rioters destroyed property, monu- said: Enough, my colleagues, enough. out so much as a hearing, without so ments, shops, and livelihoods. Sheriffs I couldn’t agree more. much as coming back to talk to us and in my home State tell me they are hav- Last summer, Democrats called for work with us since last June. ing significant retention and recruiting unrest in the streets. They raised bail Why? issues. This will only exacerbate that. money for rioters. They called antifa a Because this is all political. This is It is a back door to the misguided myth. They voted and pushed for all political. defund the police efforts. Defunding the defunding the police all across this We talk about defunding. I am from police does not make the police safer. country. Austin, Texas; $150 million cut from Mr. Speaker, this bill empowers Guess what? When you call for unrest the police budget there. criminals, while stripping cops of the in the streets while there is unrest in And what did my Democrat col- tools they need to do their jobs and due the streets, guess what happens? leagues do last Friday? process guaranteed to them by the You get more unrest in the streets. Jammed through $500 billion for Constitution. It exposes law enforce- When you raise money to bail out ri- State and local governments, funding ment officers and their families to po- oters, guess what happens? the very Democratic cities that are tential retribution by criminals. You get more rioters. gutting our law enforcement officers, Mr. NADLER. Mr. Speaker, I yield 45 When you call antifa a myth, guess taking away what they need to be able seconds to the distinguished gentle- what happens? to exist. woman from Minnesota (Ms. OMAR). You get more attacks on property And with what happened in Austin, a Ms. OMAR. Mr. Speaker, I, like so and on people. 50 percent increase in murder rate. We many in my community of Min- Guess what also happens when you lost the greatest cadet class we had. neapolis, are still traumatized. I call for defunding the police? This bill is a sham. We should oppose watched horrified for 8 minutes and 46 You get more crime. it. seconds as George Floyd’s life was

VerDate Sep 11 2014 06:30 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.047 H03MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 3, 2021 CONGRESSIONAL RECORD — HOUSE H1061 taken from him, another innocent tized and scared. Wounds cannot heal Here, as Members of Congress, and as Black man murdered by the police in without accountability. Americans, we cannot accept this epi- our community. This is not an anti-police bill. The demic of injustice. We cannot stay si- Time and time again, we have wit- George Floyd Justice in Policing Act is lent when our most vulnerable and his- nessed the people who are sworn to pro- for Eric Garner, Tamir Rice, Breonna torically marginalized communities— tect our communities abuse their Taylor, Elijah McClain, and so many people of color, those living in poverty, power. My city is not an outlier, but, more. Americans with disabilities—are being rather, an example of the inequalities Any man’s death diminishes me. targeted and sometimes killed. our country has struggled with for cen- Mr. JORDAN. Madam Speaker, I That is why today the House will turies. Brutality against unarmed yield 1 minute to the gentleman from again pass the George Floyd Justice in Black men and women is not a new Wisconsin (Mr. FITZGERALD). Policing Act and send it to the Senate phenomenon. Mr. FITZGERALD. Madam Speaker, and the President’s desk, so that it can Today, we find ourselves at a cross- I rise today in opposition to H.R. 1280 finally become the law of the land. road. Will we have the moral courage and defunding the police. b 1915 When vandalism and violence to pursue justice and secure meaning- I salute Congresswoman KAREN BASS, ful change? Or will we succumb to this plagued cities across the country last who has been relentless, persistent, and moment? summer, our law enforcement officers absolutely courageous in her leadership Mr. JORDAN. Mr. Speaker, I yield 1 were the thin blue line protecting us. on this legislation. I thank the Con- minute to the gentlewoman from Min- The violence reached communities gressional Black Caucus and its chair- nesota (Mrs. FISCHBACH). from New York City to Portland. It person, JOYCE BEATTY; and Judiciary Mrs. FISCHBACH. Mr. Speaker, I even hit places in my district, and we chair, JERRY NADLER. thank my colleague from Ohio for saw our local law enforcement act he- The George Floyd Justice in Policing yielding. roically. Act fundamentally transforms the cul- Mr. Speaker, here we go again: about Unfortunately, as both the son and ture of policing with strong, unprece- to vote on a divisive bill being pushed father of law enforcement officials, dented reform. This legislation will not through by the majority without any this bill is a step in the wrong direc- erase centuries of systemic racism and Republican input. Disguised as ac- tion. The bill substantially reduces due excessive policing in America. It will countability, this bill hinders law en- process for police officers, restricts ac- not bring back George Floyd, Breonna forcement’s ability to do their jobs, cess to needed equipment, and makes it Taylor—say her name, Breonna Tay- limits the readiness of law enforce- more difficult to get critical funding. lor—Ahmaud Arbery, or the countless ment, and demonizes an entire profes- Our law enforcement officers need other men and women who died or were sion for the actions of a few. more funding, not less. More funding senselessly injured. But it will take a A bill from my Minnesota colleague, will help our officers get additional tremendous step forward to stop the vi- Mr. STAUBER, a former police officer training to deescalate conflicts and get olence, stem the suffering, and start to himself, accomplishes many of the more equipment to keep all parties build a healthier and better relation- aims of this bill before us today, and safe. Instead of focusing on how we can ship between law enforcement and has bipartisan support from the stake- help the police build trust in the com- communities that they protect. holders involved; but Democrats re- munities, this bill focuses on how we All of us here salute and are pro- jected it, picking partisanship over can take from the police. foundly grateful for our law enforce- real reform to help and improve law en- Clearly, the bill is designed to satisfy ment heroes. I grew up in a public serv- forcement. those that seek to defund and dis- ice family. My father, my whole life at We do not deny there is work to be mantle the police. None of this bill home, was the mayor of Baltimore. My done, but the path to getting it done is serves to build trust between law en- brother was mayor later, Thomas working together to ensure that law forcement and their communities. Like D’Alesandro, in Baltimore. They had a enforcement developed the necessary every occupation, law enforcement has motto about the police: Be true to the tools to keep our communities safe and bad apples that must be held account- men in blue. protect the rights of people they serve. able. Of course, this was a long time ago. Mr. Speaker, I urge my colleagues to Mr. NADLER. Madam Speaker, I Be true to the men in blue. I was raised vote ‘‘no’’ and to work on a bill that yield 1 minute to the distinguished with that respect. But then, prayerfully, these people, will really help law enforcement and gentlewoman from California (Ms. our men and women—now men and the citizens. PELOSI), the Speaker of the House of women—in uniform, whether they are Mr. NADLER. Madam Speaker, I Representatives. police or fire, but addressing police yield 1 minute to the gentlewoman Ms. PELOSI. Madam Speaker, I here, our first responders left home from Pennsylvania (Ms. DEAN). thank the gentleman from New York, when they left to go to work, not Ms. DEAN. Madam Speaker, any the distinguished chair of the Judici- knowing, and their families not know- man’s death diminishes me. We will ary Committee, for yielding and for his ing, if they would return home because never forget, the world will never for- leadership in bringing this important they were risking their lives to save get, as we watched as a police officer legislation to the floor. lives and to protect all of us. So it was knelt on George Floyd’s neck for more I commend Congresswoman KAREN with great prayerful gratitude to most BASS for her great leadership in this than 8 minutes. of the men and women in blue that we, George Floyd cried out for his moth- important legislation. sadly, have to say that our apprecia- er, saying ‘‘Mama, mama, mama, Madam Speaker, nearly 1 year ago, tion for them cannot lapse into apathy George Floyd gasped his last words, ‘‘I mama, mama, mama, mama, I can’t or acceptance of actions that are fun- can’t breathe,’’ and ignited a nation- breathe. I love you. Tell my kids I love damentally incompatible with the pur- them. I am dead.’’ wide reckoning on the racial injustice pose of policing. As he was murdered by an officer and police brutality in America. Of course, there is not anyone on our sworn to protect and serve, Americans Americans from every corner of the side of the aisle who has advocated any of all races and backgrounds flooded country took to the streets to peace- policy in this body to defund the po- the streets all across this Nation, de- fully protest violence against Black lice, contrary to misrepresentations manding long overdue accountability Americans: waving Black Lives Matter that are coming forth. All of us here, so that no one has to live in fear of the flags, chanting the names of the mur- again, salute and are profoundly grate- police. dered, repeating George Floyd’s dying ful for our law enforcement heroes. They demanded that we recognize words, ‘‘I can’t breathe.’’ They turned As the National Organization of George Floyd’s death and the deaths of their agony into action. Black Law Enforcement Executives so many others at the hands of the po- But, tragically, despite these mass writes: lice. These killings have left the Black protests, the injustice, the killing, con- The passage of this act is paramount in community and, much more impor- tinues. Those protests were global. achieving the fundamental principle of a po- tantly, our entire community trauma- They were all over the world. lice force that ‘‘protects and serves’’ every

VerDate Sep 11 2014 06:30 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.049 H03MRPT1 SSpencer on DSK126QN23PROD with HOUSE H1062 CONGRESSIONAL RECORD — HOUSE March 3, 2021 citizen of their community with fairness, ac- As Members of Congress and as Ameri- Mrs. GREENE of Georgia. Madam countability, and transparency in their ac- cans, we cannot accept this epidemic of injus- Speaker, I rise in opposition to H.R. tions. tice. We cannot stay silent, when our most 1280. The Democratic Congress, together vulnerable and historically marginalized com- Do you know what is terrifying to with the Biden-Harris administration, munities—people of color, those living in pov- the American people? is committed to not only ensuring that erty, Americans with disabilities—are being Watching Democrats try to pass a this legislation becomes law, but to targeted and killed. defund the police bill; the same Demo- take further action to end violence and That is why, today, the House will again crats who cheered on and supported advance justice in America. Let us en- pass the George Floyd Justice in Policing riots that burned American cities, and sure that the passage of the George Act—and send it to the Senate and the Presi- the same Democrats who shared Min- Floyd Justice in Policing Act is the dent’s desk, so that it can finally become law. nesota Freedom Fund bail bond links first of many steps in this direction. I salute Congresswoman KAREN BASS, who supporting criminals and helping them The family of George Floyd, who has been relentless, persistent and absolutely get out of jail. came here when the bill was being re- courageous in her leadership on this legisla- This bill is atrocious. Shame on all of viewed by Chairman NADLER’s com- tion. Thank you to the CBC and Chair JOYCE you. This hurts our police officers. mittee, asked me: Madam Speaker, will BEATTY, and Judiciary Chair JERRY NADLER. April 29, 2010, my friend, Jonathan you name this bill for our brother? The George Floyd Justice in Policing Act Edwards, was shot in the line of duty. His brother asked that question. The fundamentally transforms the culture of polic- If that happened today and this bill is gentleman remembers that day. We ing with strong, unprecedented reforms, in- passed, getting rid of qualified immu- couldn’t be in the committee room be- cluding: banning chokeholds; stopping no- nity allows the criminal who shot him cause of COVID. knock warrants; ending the court-created to be able to sue him simply because I said: Only if you think it is worthy qualified immunity doctrine; combating racial they are upset that they were arrested. of your brother. This same bill will also allow that I think of George Floyd at least once profiling; and establishing strong new stand- criminal who shot him to be able to a day and sometimes more. ards and protections to prevent and combat Do you know why? police misconduct. put his name on a national hit list that Not just because of the sadness of it This legislation will not erase centuries of will be made public, whether police of- all, but I think of him because they tell systemic racism and excessive policing in ficers are found to have done wrong or us that, in order to be safe from America. not. COVID, we must wash our hands for 20 It will not bring back George Floyd, Breonna This is shameful. seconds. So as I’m washing my hands Taylor, Ahmaud Arbery or the countless other The SPEAKER pro tempore (Ms. for 20 seconds, after about 8 or 9 sec- men and women who died or were sense- OMAR). Members are reminded to direct onds, I am thinking that this is taking lessly injured. remarks to the Chair and not each forever; I can’t do this for 20 seconds; it But it will take a tremendous step forward to other. takes too long. Then I think of George stop the violence, stem the suffering and start Mr. NADLER. Madam Speaker, I Floyd—8 minutes and 46 seconds. It is a to build a healthier, better relationship be- yield 1 minute to the distinguished long time. It is a long time, as Con- tween law enforcement and the communities gentleman from Georgia (Mr. JOHN- SON). gresswoman DEAN said, calling out for that they protect. Mr. JOHNSON of Georgia. Madam his mother and extending love to his All of us here salute and are profoundly Speaker, I thank the chairman for family. grateful for our law enforcement heroes. But Let us ensure that George’s brother, our appreciation cannot lapse into apathy or yielding. Philonise, when he said that George’s acceptance of actions that are fundamentally Madam Speaker, the George Floyd name means something; and that as his incompatible with the purpose of policing. Justice in Policing Act is a critical daughter, Gianna, said, ‘‘Daddy As the National Organization of Black Law step towards ensuring a country where changed the world,’’ with this legisla- Enforcement Executives writes, ‘‘The passage Black people are treated as equal citi- tion, let us take an important step in of this act is paramount in achieving the fun- zens, not just in theory, but in real life. changing the world for George’s family, damental principle of a police force that ‘pro- This bill weaves into our laws the tru- for all communities of color, for all tects and serves’ every citizen of their commu- ism that Black Lives Matter. This bill Americans, and for the whole world. nity, with fairness, accountability and trans- will help build trust between law en- Madam Speaker, I urge a strong bi- parency in their actions.’’ forcement and the communities that partisan vote in the George Floyd Jus- The Democratic Congress, together with the they are sworn to protect and serve. tice in Policing Act, and I thank Biden-Harris Administration, is committed to ‘‘Equal Justice Under the Law’’ may KAREN BASS, again, for her leadership. not only ensuring that this legislation becomes be etched atop the entrance to this Na- Madam Speaker, nearly one year ago, law—but to taking further action to end vio- tion’s highest court, but it is not a George Floyd gasped his last words—‘‘I can’t lence and advance justice in America. privilege enjoyed by each of us. We breathe’’—and ignited a nationwide reckoning Let us ensure that the passage of the must act now to ensure that we protect on the racial injustice and police brutality in George Floyd Justice in Policing Act is the first the humanity of every person. Stand America. of many steps in this mission. up for the principle of equal justice for Americans from every corner of the country And let us ensure that, as George’s brother all. took to the streets to peacefully protest vio- said, ‘‘George’s name means something’’; and Madam Speaker, I urge my col- lence against Black Americans: waving Black that, as his daughter Gianna said, ‘‘Daddy leagues on the other side of the aisle to Lives Matter flags, chanting the names of the changed the world.’’ vote ‘‘yes’’ for the George Floyd Jus- murdered, repeating George Floyd’s dying With this legislation, let us take a small step tice in Policing Act. words. to ‘‘changing the world’’—for George’s family, Mr. JORDAN. Madam Speaker, I They turned their agony into action, but for all communities of color, and for all Ameri- yield 1 minute to the gentleman from tragically, despite these mass protests, the in- cans. Virginia (Mr. CLINE). justice—the killing—continues. With that, I urge a strong, bipartisan vote for Mr. CLINE. Madam Speaker, the Last year, 1,127 people were killed by po- the George Floyd Justice in Policing Act. death of George Floyd last year led to lice, far more than in the year before. In the Mr. JORDAN. Madam Speaker, I will communities across the Nation to months following George Floyd’s murder, 645 just point out that the Speaker of the come together to speak out against in- people were killed—and hundreds more were House said we should respect the po- justices, call for additional account- attacked and assaulted, including Jacob lice, but the Speaker of the House ability and transparency in policing, Blake: shot seven times in the back in front of named an individual to conduct a re- and advocate for solutions that could his three children. view of the breach of the Capitol on move us forward together as a nation. As George Floyd’s brother Philonise re- January 6, and that individual has in- But instead of working with Repub- cently said, ‘‘As a Black man in the United sulted the very police who protect us. licans to find a bipartisan solution, the States, I want to be able to go outside and Madam Speaker, I yield 1 minute to Democrat majority has, once again, protest, because at this time, I don’t know who the gentlewoman from Georgia (Mrs. written a partisan bill to ram through is going to survive or not.’’ GREENE). the House with no committee markup,

VerDate Sep 11 2014 06:30 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.051 H03MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 3, 2021 CONGRESSIONAL RECORD — HOUSE H1063 no open amendments, and no meaning- ing police to retreat and to leave the 13. Rasheed Moorman ful bipartisan collaboration. That is vulnerable at the mercy of those who 14. Ky Johnson not what the American people sent us prey upon them. 15. Kevan Ruffin Madam Speaker, you should run from 16. Joseph Denton here to do. 17. The more than 100 people whose names This legislation will impede the abil- that rhetoric, as you are. Madam have been withheld by police ity of good police officers to do their Speaker, you called the police ‘‘rotten 18. Erroll Johnson jobs effectively and uphold the rule of to the root’’ and called for it to be 19. Malik Canty law. Our dedicated police officers who ‘‘dismantled.’’ 20. Richard Price serve our communities work tirelessly That rhetoric is killing people. 21. Hakim Littleton to ensure that lawlessness does not Please stop the political games. Stop 22. Vincent Truitt prevail in our streets and neighbor- slandering law enforcement, and stop 23. Aaron Hudson 24. Darius Washington hoods. endangering our communities. Back 25. Vincent Harris The effect of this bill on law enforce- the blue. 26. Jeremy Southern ment is to levy unfunded mandates on Mr. NADLER. Madam Speaker, no 27. David Brooks Jr. local governments, force law enforce- matter how many times Republicans 28. Darrien Walker ment to leave the profession, and, yes, say that this bill defunds the police, it 29. Ashton Broussard defund the police. doesn’t change the fact that it does not 30. Amir Johnson Madam Speaker, as you said, defund defund the police. 31. Julian Lewis the police is not a slogan, but a policy Madam Speaker, I yield 1 minute to 32. Rafael Minniefield 33. Kendrell Watkins demand. the distinguished gentlewoman from 34. Anthony McClain Madam Speaker, I will vote ‘‘no’’ on Missouri (Ms. BUSH). 35. Adrian Roberts this, and I urge my colleagues to vote Ms. BUSH. Madam Speaker, first of 36. Trayford Pellerin ‘‘no.’’ all, we shouldn’t be talking about good 37. Damian Daniels Mr. NADLER. Madam Speaker, I police and bad police. There should just 38. Michael Harris yield 1 minute to the distinguished be police who are doing their job to 39. Name withheld by police 40. Robert Jackson gentleman from New York (Mr. JONES). serve and protect the people. So let’s Mr. JONES. Madam Speaker, I thank 41. Dijon Kizzee make that clear. 42. Deon Kay the distinguished gentlewoman from There is no such thing as good police. 43. Steven D. Smith California, KAREN BASS, for her leader- There is no good nursing. When you go 44. Major Carvel Baldwin ship; as well as the Congressional get food, you don’t go look for: This 45. Steve Gilbert Black Caucus for always speaking place has a good chef; this one has the 46. Jonathan Darsaw truth to power. bad chef; I am going to go where the 47. Robert Coleman Madam Speaker, today we take a bad chef is. 48. Caine Van Pelt stride towards ending racism in polic- We don’t need this good police/bad 49. Darrell Zemault Sr. 50. Aloysius Keaton ing. But this is just the beginning. We police. We need police if we are going 51. Charles Eric Moses Jr. must recognize that systemic racism to have police. But I will move on. 52. Dearian Bell extends well beyond law enforcement. Madam Speaker, St. Louis and I rise 53. Kurt Reinhold Systemic racism is the way govern- on behalf of the more than 788 people 54. Salaythis Melvin ments have deliberately impoverished who have been killed by law enforce- 55. Willie Shropshire Jr. Black families, then condition nec- ment over the last year. We rise 30 56. DeMarco Riley essary medical care on our ability to years to the day after the ruthless 57. Jonathan Price 58. Tyran Dent pay. beating of Rodney King. We rise in 59. Momodou Lamin Sisay It is the way we fund our public honor of Breonna Taylor, who was bru- 60. Stanley Cochran schools, a property tax-based system tally gunned down by police in her 61. Anthony Jones that concentrates tens of billions more home last March. We rise for George 62. Kevin Carr dollars in White communities than in Floyd and all those who have been 63. Brandon Gardner Black and Brown communities. killed by police since his torture and 64. Donald Ward In America, it is the way we run our murder. 65. Terron Jammal Boone elections, purging Black voters, espe- 66. Skyleur Young Those names: William Burgess, Mark 67. Dana Mitchell Young Jr. cially in Southern States, from the Brewer, Dion Johnson, Tony McDade, 68. Fred Williams III rolls and closing the polls in Black Rayshard Brooks, Modesto Reyes, 69. Akbar Muhammad Eaddy neighborhoods. We can’t stop until we Ruben Smith, David McAtee, Kamal 70. Dominique Mulkey have eradicated systemic racism in all Flowers, Robert Harris, Joseph Denton, 71. Marcellis Stinnette of its forms. Vincent Truitt, Sincere Pierce, Jeremy 72. Rodney Arnez Barnes Mr. JORDAN. Madam Speaker, I Southern, Angelo Crooms, and Amir 73. Gregory Jackson yield 1 minute to the gentleman from 74. Mark Matthew Bender Johnson. 75. Ennice ‘‘Lil Rocc’’ Ross Jr. North Carolina (Mr. BISHOP). Madam Speaker, St. Louis and I rise on be- 76. Jakerion Shmond Jackson Mr. BISHOP of North Carolina. half of the more than 788 people who have 77. Walter Wallace Jr. Madam Speaker, I thank the gen- been killed by law enforcement over the last 78. Maurice Parker tleman for yielding. year. We rise 30 years to the day after the 79. Kevin Peterson Jr. Madam Speaker, the insidious and ruthless beating of Rodney King. We rise in 80. Name withheld by police false pretext for this legislation endan- honor of Breonna Taylor who was brutally 81. Justin Reed gers and ends lives. The bill rests on a gunned down by police in her home last 82. Reginald Alexander Jr. 83. Tutuila Pine Koonwaiyou false premise and promotes a false nar- March. rative that police are racists and use 84. Fredrick Cox Jr. We rise for George Floyd and all those 85. Rodney Eubanks their power to advance racist ends. who’ve been killed by police since his torture 86. Brandon Milburn This narrative is a false and despicable and murder: 87. Sincere Pierce slander. 1. William Burgess III 88. Angelo ‘‘AJ’’ Crooms Police officers do not leave their 2. Mark Brewer 89. Tracey Leon McKinney loved ones and risk their own lives 3. Dion Johnson 90. Name withheld by police every shift to oppress or discriminate. 4. Tony McDade 91. Shane K. Jones They do it to serve. They do it without 5. Rayshard Brooks 92. Shawn Lequin Braddy fanfare and for little pay, and they 6. Modesto Reyes 93. Javon Brice have come to anticipate abuse in place 7. Ruben Smith III 94. Kenneth Jones 8. Jarvis Sullivan 95. Rodney Applewhite of the respect that they deserve. They 9. David McAtee 96. Rondell Goppy do it to save lives. 10. Kamal Flowers 97. Ellis Frye Jr. But the reckless ‘‘defund the police’’ 11. Michael Thomas 98. Terrell Mitchell rhetoric behind this legislation is forc- 12. Robert Harris 99. Mickee McArthur

VerDate Sep 11 2014 06:30 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.052 H03MRPT1 SSpencer on DSK126QN23PROD with HOUSE H1064 CONGRESSIONAL RECORD — HOUSE March 3, 2021 100. James David Hawley 188. Name withheld by police 276. Michael Seltzer 101. Julius Paye Kehyei 189. Jesus Alvarez Pulido 277. Richard L. Mason 102. Kevin Fox 190. Julio Cesar Moran-Ruiz 278. Phillip Dibenedetto 103. Dominique Harris 191. Jesse David Nava 279. Jerry M. Bethel 104. Andre K. Sterling 192. Miguel Vega 280. Tiffany T. Bingham 105. Casey Christopher Goodson Jr. 193. Marco Antonio Benito 281. Brandeis Codde 106. Kwamaine O’Neal 194. Christopher Escobedo 282. Name withheld by police 107. Donald Edwin Saunders 195. Ricardo Miguel Munoz 283. David Guillen 108. Joshua Feast 196. Name withheld by police 284. Jason James Kruzic 109. Bennie Edwards 197. Victor Sanchez 285. Robert Wenman 110. Charles E. Jones 198. Angel Benitez 286. Matthew L. Fox 111. Jeremy Maurice Daniels 199. Isaiah Pama 287. Julie Colon 112. Larry Taylor 200. Name withheld by police 288. Louis Lane 113. Andre Maurice Hill 201. Jason Rodriguez 289. Lance Bowman 114. Sheikh Mustafa Davis 202. Diego Eguino-Alcala 290. Kevin Lee Catlett 115. Shamar Ogman 203. Juan Adrian Garcia 291. Name withheld by police 116. Marquavious Rashod Parks 204. Nick Burgos 292. Doug Diamond 117. Larry Hamm 205. Douglas Sanchez 293. Rodney Liveringhouse 118. Jaquan Haynes 206. Cesar Vargas 294. Name withheld by police 119. Jason Cooper 207. Matthew Montoya 295. Name withheld by police 120. Dolal ldd 208. Jose Marcos Ramirez 296. Taylor Christian Warner aka Tylor 121. Carl Dorsey III 209. Miguel A. Nevarez Jr. Warner 122. Tre-Kedrian Tyquan White 210. Yoel Arnaldo Mejia Santel 297. Joey Hoffman 123. La Garion Smith 211. Edwin Morales 298. Eduardo Martinez 124. Vincent Belmonte 212. Alberto Rivas 299. Kanavis Dujuan Glass 125. Robert ‘‘Lil Rob’’ Howard 213. Jose Alfredo Castro-Gutierrez 300. Daniel Matheson 126. Matthew Oxendine 214. Emmett Cocreham 301. Michael Joseph Culbertson 127. Jason Nightengale 215. George Cocreham 302. Marcos Reyes 128. Patrick Warren Sr. 216. Francisco Danny Flores 303. Rodney Morrison 129. Heba Momtaz Alazhari 217. Daniel Angel Villalobos-Baldovinos 304. Arlan Kaleb Schultz 130. Lymond Maurice Moses 218. Marc Nevarez 305. Glynn Farse Young 131. Kershawn Geiger 219. Name withheld by police 306. Antwane Burrise 132. Zonterious Johnson 220. Charles Robert Arviso 307. Name withheld by police 133. Christopher Harris 221. Justin Esqueda 308. Malcolm Comeaux 134. Eusi Malik Kater Jr. 222. Rodolfo ‘‘Rudy’’ Martinez-Cortez 309. Grant King 135. Tyree Kajawn Rogers 223. Luis Robert Zaragoza Barbosa 310. David Angulo 136. Roger D. Hipskind 224. Augustine Morales 311. Deborah White 137. Karl Walker 225. Pedro Martinez 312. Name withheld by police 138. Marvon Payton Jr. 226. Anthony Arias 313. Name withheld by police 139. Chazz Hailey 227. Stavian Rodriguez 314. Dane Norris 140. Patches Vojon Holmes Jr. 228. Nicolas Segura 315. Samuel Solomon Cochran Jr. 141. Treyh Webster 229. Michael Anthony Pena 316. Jacob Wilbur Wright 142. Dontae Green 230. Adam Lee Mendez 317. Jason Matthew Henke 143. Andrew Hogan 231. Dolores Hernandez 318. Winston Joseph Latour Ill 144. Dustin Demaurean Powell 232. Christian Juarez 319. Giovanni Cedano-Amaro 145. Gregory Taylor 233. Evelia Rivera 320. Juan Rene Hummel Jr. 146. Joe Louis Castillanos 234. Luis Manuel Vasquez Gomez 321. Gary Hardy Jr. 147. Robert Avitia 235. Reno E. Casanova 322. Colin E. Davis 148. John Alvarado 236. Andrew Mansilla 323. William Sears 149. Name withheld by police 237. Leonel Salinas 324. Ronald Pope 150. Rommel Mendoza 238. Paul Peraza 325. Cryus D. Carpenter 151. Jorge Gomez 239. Christopher Cuevas 326. Name withheld by police 152. Sean Monterrosa 240. Name withheld by police 327. Melissa Halda 153. Eric Anthony Galvan 241. Jesus Perez 328. Christopher Lawings 154. Erik Salgado 242. Bryan Cruz-Soto 329. Andrew S. Gwynn 155. Juan Carlos Alvarez 243. Rodolfo Caraballo Moreno 330. Name withheld by police 156. Anthony Angel Armenta 244. Frank Gonzales 331. Name withheld by police 157. Andres Guardado 245. David Tovar Jr. 332. Anthony Budduke 158. Michael Kristopher Torres 246. Felix Santos 333. Name withheld by police 159. Kevin Pulido 247. Omar Felix Cueva 334. Donald Anderson 160. Martin Humberto Sanchez Fregoso 248. Josue Drumond-Cruz 335. Robert Land 161. Leonardo Hurtado Ibarra 249. Edwin Adan Velasquez 336. Lyana Gilmore 162. Nick Costales 250. Juan Carlos Pena-Noda 337. Name withheld by police 163. James ‘‘Jay’’ Porter Garcia 251. Erick Mejia 338. Name withheld by police 164. Axel Perez 252. Henry Barnes Jr. 339. Donald Timothy Miller 165. Carlos Baires 253. Brandon R. Laducer 340. Name withheld by police 166. Name withheld by police 254. Antonio Black Bear 341. Fred John Henry Arcera 167. Antonio Mancinone 255. Nicholas Morales-Bessannia 342. Name withheld by police 168. Julio Jaramillo 256. Cole F. Stump 343. Trevor Edwards 169. Cristhian Eliud Ramos-Murillo 257. Trifton Stacy Wacoche 344. Ronald Stuart Chipman 170. Julio Cesar Virula 258. Ernie Teddy Serrano 345. Name withheld by police 171. Ray Adrian Lara 259. Caillen Paoakea Gentzler 346. Hasani Best 172. Gabriel Salinas 260. Peter K. England 347. Christopher Walker 173. Ramon Timothy Lopez 261. Christian Hall 348. Mark Dawson Jr. 174. Roberto Hernandez Jr. 262. Reymar Gagarin 349. Gearil Leonard Williams 175. Name withheld by police 263. John A. Vik 350. Corey Lee Cutler 176. Ryan Shane Hinojo 264. Gary P. Dorton 351. Name withheld by police 177. Americo C. Reyes Jr. 265. Justin Mink 352. Charles Garland 178. Jose Vallejos 266. Name withheld by police 353. Casper Brown 179. Name withheld by police 267. Kenneth Bennett 354. Kurt Phelps 180. Daniel Rivera 268. Alexander Scott 355. Arthur Zalman Ferrel 181. Ronnie Kong 269. Name withheld by police 356. Fernando Napoles 182. Jose Manuel Castro 270. James Pharr 357. Shaon Jermy Ochea Walker 183. Santos Anthony Villegas 271. Gerard John 358. Verlon Billy Stiles 184. Everardo Gonzalez Santana 272. Ray Lee Jim 359. Refugio Reynaldo Olivo 185. Marco Antonio Sigala Jr. 273. Gregory Lee Turnure 360. Matthew Patton 186. Samuel Mata 274. Donald L. Hunter 361. Samuel Herrera Jr. 187. Cesar Sanchez Ruiz 275. Jeffrey McClure 362. Robert Samuel Craig Lusk

VerDate Sep 11 2014 06:30 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.048 H03MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 3, 2021 CONGRESSIONAL RECORD — HOUSE H1065 363. Joshua Clayton Brant 451. Randy Ward 539. Jonathan Turner 364. Name withheld by police 452. Name withheld by police 540. Name withheld by police 365. Derek Cooper 453. Estavon Dominic Elioff 541. Name withheld by police 366. Julia Anne Moss 454. Name withheld by police 542. Name withheld by police 367. Randy Fedorchuk 455. Thomas Reeder III 543. Adam Bruce Connors 368. Jessie A. Hudnall 456. Nathaniel Sironen 544. Phillip N. Davenport 369. Name withheld by police 457. Brad Tyler Masters 545. Bruce Diehl 370. James Lucachevitz 458. Joseph R. Crawford 546. Name withheld by police 371. Kirby Joseph Michael Hengel 459. Whitney J. Crawley 547. Name withheld by police 372. Name withheld by police 460. Kurtis Kay Frevert 548. Name withheld by police 373. Mickel Erich Lewis Sr. 461. Earl Robert Caperton 549. Richard Councilman 374. John Aycoth 462. Name withheld by police 550. Tracy Drowne 375. Austin Manzano 463. Name withheld by police 551. John Allen Dunaway III 376. Christopher Ulmer 464. Name withheld by police 552. Jason Jesse Gallegos 377. Andrew A. Williams 465. Joseph Evans 553. Channing Lamar Spivey 378. Chester McDonald 466. Name withheld by police 554. Joshua Blessed aka Sergei Jourev 379. Justin Caldwell 467. Johnny Bolton 555. Steven Edward Ferguson 380. Ariel Esau Lujan 468. Tyquarn Graves 556. Sarah Grossman 381. Shawn Campbell 469. Nicholas Ellingson 557. Robert Anthony ‘‘Jordan’’ Whitehead 382. Name withheld by police 470. Name withheld by police 558. John Benedict Coleman 383. Name withheld by police 471. Name withheld by police 559. Name withheld by police 384. Jason Edward Galliart 472. Daniel Russell 560. Caleb Rule 385. Name withheld by police 473. Name withheld by police 561. Israel Berry 386. Name withheld by police 474. Mark Clermont 562. Thomas Jeffery Sutherlin 387. Name withheld by police 475. Michael Brandon Joyner 563. Ryan Emblem Moore 388. Ethan Freeman 476. Name withheld by police 564. Robert James Lyon 389. Paul Sulkowski 477. Helen Jones 565. Scott Hutton 390. Joey Hoffman 478. Name withheld by police 566. Mary Lawrence 391. Name withheld by police 479. Name withheld by police 567. Gregory W. Hallback 392. Name withheld by police 480. Alaina Burns 568. Benjamin Ballard 393. Steven Belville 481. Shyheed Robert Boyd 569. Jarrid Hurst 394. Keith Beecroft 482. Samuel Lorenzo 570. Morgan James Davis 395. Name withheld by police 483. Jeffrey Marvin 571. Marcus James Uribe 396. Michael Nichols 484. Name withheld by police 572. Mason James Lira 397. Name withheld by police 485. Isaac Matheney 573. Gregorio Cruz Vanloo 398. Name withheld by police 486. Name withheld by police 574. William Slyter 399. John Lipski 487. Micahel Romo 575. Hannah R. Fizer 400. Name withheld by police 488. Name withheld by police 576. Nicholas Hirsch 401. Bruce Allan Shumaker 489. Jose Guzman 577. Troy Willey 402. Michael K. Nelson 490. Alexander Gonzales 578. Keith Willliam Brunelle 403. Clifton Gorman Spencer 491. Benicio Vasquez 579. Jack Harry 404. Brandon Keith Davis 492. Jacob Ryan McDuff 580. David Lee Jacobs 405. Matthew Daniel Johnston 493. Kwamena Ocran 581. Kellen Fortune 406. Jason S. Cline 494. Charles Edward Williams 582. Buddy Edward Weeks 407. Thomas Celona 495. Paul Bolden 583. Cody W. Cook 408. Caleb Slay 496. Xzavier D. Hill 584. Sabastian S. Noel 409. Name withheld by police 497. Mark Bivins 585. Benjamin Paul Brooks 410. Jason Neo Bourne 498. Allen Mirzayan 586. Aaron Wesley Keller 411. Name withheld by police 499. Joseph W. Howell 587. Bonnie Jo Figueroa-Ortiz 412. John Wesley Seymour 500. Name withheld by police 588. Michael Pelley 413. Name withheld by police 501. Antonio Carbajal 589. James Tober Sr. 414. Name withheld by police 502. Gary Rodriguez Jr. 590. John Parks 415. Name withheld by police 503. Name withheld by police 591. Wade Russell Meisberger 416. Javier Magana 504. Reginald Johnson 592. Brittany S. Teichroeb 417. David Viveros 505. Name withheld by police 593. Jason Noble Snow 418. Steven Campos 506. Name withheld by police 594. Wade Protus Phillips 419. Rodriguez Duandre Pam 507. Daniel Young 595. Constantin Filan 420. Terry David Fox 508. Daniel Canales Jr. 596. Erick Gilmore 421. Name withheld by police 509. Robert Laudell Bull 597. Paul Eugene Armstrong 422. Ronny Dunning 510. Bradley Alexander Lewis 598. Adam Lucas Carroll 423. Daniel David Reyes 511. Name withheld by police 599. Kevin Michael Norton 424. Vusumuzi Kunene 512. Name withheld by police 600. Terena Nicole Thurman 425. Daron Jones 513. Harmony Wolfgram 601. Sean Ernest Ruis 426. Chris Mellon 514. Name withheld by police 602. Tim O’Shea 427. Eric Lyn Clark 515. Javier Magdaleno 603. Tyler Blevens 428. Henry Frankowski 516. Kenneth Michael Dallas 604. Name withheld by police 429. Name withheld by police 517. Name withheld by police 605. Chase Rountree 430. Name withheld by police 518. Ezekiel Meza 606. Name withheld by police 431. Name withheld by police 519. Franklin Gray 607. Kyle Elrod 432. Christina Markwell 520. Kevin Hayes 608. Scott M. Kontowicz 433. Name withheld by police 521. Andrew Scott Kislek 609. John Karl Sieger 434. Terrell Smith 522. Name withheld by police 610. Christopher Poor 435. Duane Scott Murray 523. Joshua Crites 611. Andrew Jacob Preece 436. Peter Russell 524. Name withheld by police 612. Howard Owens 437. Jordan D. Patterson 525. Anthony Andrew Reunart 613. James Justin Munro Jr. 438. Name withheld by police 526. Name withheld by police 614. Russell Van Liddell 439. Douglas Hatfield 527. Name withheld by police 615. Adrean Stephenson 440. Name withheld by police 528. Name withheld by police 616. Christopher Kimmons Craven 441. Nicholas Cory Kausshen 529. Kevin Costlow 617. David Lee Rigg 442. Name withheld by police 530. Dennis Denham 618. David James Pruitte 443. Lorenzo Aguilar 531. Anthony Greco 619. Nicholas Kocolis 444. Name withheld by police 532. Keenan Sailer 620. Jeffrey Scott Haarsrma 445. Alonzo Leroy Landy 533. Brooke Leann Blair 621. Johnathan Randell 446. Cory Donell Truxillo 534. Brian Gregory Scott 622. Aaron Michael Griffin 447. Name withheld by police 535. Demarko Montez Henderson 623. Matthew Hilbelink 448. Maurice Jackson 536. Cortez Lee Bogan 624. Earl Barton Jr. 449. Larry Eugene Boyd 537. Name withheld by police 625. Chris Minor 450. Nancy King 538. Jacob Aaron Thomas 626. Joshua Squires

VerDate Sep 11 2014 06:30 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.050 H03MRPT1 SSpencer on DSK126QN23PROD with HOUSE H1066 CONGRESSIONAL RECORD — HOUSE March 3, 2021 627. Kenneth Reiss 715. Matthew Thomas Madam Speaker, the Justice in Polic- 628. Joshua Gay 716. Brittany Nicole Yoder ing Act was crafted in response to 629. Rick Lee Miller 717. Brian Allen Thurman George Floyd’s murder. Almost no one 630. Jeffrey Hubbard 718. Joshua Lee LaPlace 631. Thomas Moles 719. Duane W. Rich believes that that was justifiable. Par- 632. Jimmy Ferrer 720. Ethan Tyler Calton tisans have snatched this moment of 633. Keith Allen Fileger 721. Craig Steven Wright unity to further divide our Nation. 634. Erik Jon Perez 722. Leonard Francis Kieren How have they done that? 635. Jack Lamar Harris 723. Dylan Ray Scott Look at this debate. Speaker after 636. Jeffrey Wratten 724. Kenneth Dale Miller speaker has hurled insults falsely 637. Shiloh D. Smith 725. Eric Drake Feenstra claiming that no Republican supports 726. David John Donelli 638. Nathan Harrington reform. Now, it is true that we don’t 639. Scott Huffman 727. Name withheld by police 640. Joey Middleton 728. Adam Robertson support this reform, but the majority 641. Damien Evans 729. Benjamin Marley Manley aka Chris- has refused to even consider amend- 642. Nikolas Frazier topher Reeves ments or alternatives to this partisan 643. Albert Wheeler 730. Joshua Hoffpauir bill. 644. Timothy Clevenger 731. Jacob E. McClure An essential component of any jus- 645. Michael Forest Reinoehl 732. William A. Riley-Jennings tice in policing bill would correct cur- 733. Joseph Tanner Casten 646. Joshua Beedie rent injustices. I only have time to 647. Andrew Blowers 734. Tara Rae Liubakka 648. Seth Holliday 735. Cole Blevins mention one: warrantless surveillance 649. Jeffrey Meyer 736. Jordan Crawford of American citizens is wrong. 650. Chad Busby 737. Trevor Seever Get a warrant. 651. Robert Ray Doss Jr. 738. Jason Williams Last year, conservatives and progres- 652. Glenn ‘‘G’’ Alvin Eldridge 739. Henry Martinez Jr. sives united around this point, and the 653. Clay A. Reynolds 740. James Reising 741. Amanda Faulkner Speaker blocked debate or amendment 654. Name withheld by police to FISA reauthorization. Now the same 655. Matthew Lyvon Paul 742. Michael Conlon 656. Scott Heisler 743. Ashli Babbitt tactics are being employed. Every sin- 657. Rickey Wayne Riney 744. John R. Neitling gle Member of Congress is here to rep- 658. Matthew C. Knowlden 745. Brian Andren resent American citizens, and denying 659. Joshua Sarrett 746. Betty Francois us amendments denies all Americans a 660. Andrea Chuma 747. Brian Williams voice. 748. Junius Thomas 661. Jeffery Ryan Blunk Don’t politicize something that can 662. Christopher Michael Straub 749. Daryl Dye 750. Ty Walvatne-Donahey heal and unite us. Vote ‘‘no’’ on this 663. Matthew Nocerino bill. Insist on regular order. 664. Erik ‘‘Ace’’ Mahoney 751. Joshua Van Machado 665. Jarred Kemp 752. Jeffrey D. Kite b 1930 666. James Edward Baker 753. Justin Pegues 667. Eric Marc-Matthew Allport 754. Robert Stephen Calderon Mr. NADLER. Madam Speaker, I 668. Justin Lee Tofte 755. Kevin Darion Wells yield 1 minute to the gentlewoman 669. Crystal Renee Starling Mcclinton 756. Christopher Austin Dockery from Ohio (Mrs. BEATTY). 670. John Hare 757. Ryan Daniel Stallings Mrs. BEATTY. Madam Speaker, 8 671. Shayne Allen Sutherland 758. Brian Richard Abbott 759. Steven Verdone minutes, 46 seconds on George Floyd’s 672. William Sendelbach neck. ‘‘I can’t breathe.’’ 673. Kalun Purucker 760. Caleb McCree 761. John Eric Ostbye Say their names, Madam Speaker. 674. Anthony Michael Legato Breonna Taylor, Casey Goodson, Jr., 675. Sylvia Kirchner 762. Edward Bittner 676. Julie Fandino 763. Mark Meza Andre Hill, Eric Garner, Tamir Rice, 677. Rodney Ross 764. Chase Coats and so many more. 678. Jason Arpad Peters 765. Keith Scales While we can never bring them back 679. Steven Vest 766. Chad William Songer and we cannot undo the pain their fam- 767. Richard Fenton Thomas 680. Christopher Allen Kanouff ilies, friends, and communities have 681. William Earl Lane 768. Tracy Hope Walter-Hensley 769. Nicholas Pingel felt, we can do everything in our power 682. Justin Dawley if we unite and pass this bill. 683. Bradley Pugh 770. Tilford ‘‘TJ’’ Barton 684. Darren W. Randolph 771. Ariella Sage Eloise Crawford As the chair of the Congressional 685. Paul Bailey 772. Clay Tatum Black Caucus, I urge all of my col- 686. Gregory Putnik 773. Shae Estelle Jones leagues, Democrats and Republicans, 687. Chistopher John Kitts 774. Joseph Johnson to join us. 688. Bryan Selmer 775. Trey Bartholomew 776. Clifford E. Wilbur Jr. Our power, our message, is to pass 689. James Collins 777. Eric J. Porter the George Floyd Justice in Policing 690. Brandon Evans 778. Brian D. Ellis Act. 691. Richard ‘‘RJ’’ James Jones 779. Gregory Chandler Metz The right should read the bill. The 692. Paul Sarver 780. Royce Robertston 693. Ryan Fallo right should quote from the bill. Show 781. Lewis Ruffin Jr. 694. Isaac Lemoine Christensen me those words in the bill to defund 782. Derrick Thompson 695. Bennie Biby the police. 783. Name withheld by police 696. Frank Murphy 784. Name withheld by police I will show you accountability. I will 697. John Pacheaco Jr. 785. Name withheld by police show you transparency. I will show you 698. Quincy Ivan Bishop 786. Name withheld by police justice. 699. John Mellone 787. Name withheld by police The American people are calling on 700. Guy Bradly Able Mr. JORDAN. Madam Speaker, the Congress to act. Yes, Black Lives Mat- 701. Justin Hammack 702. Michael Moza chairman of the committee has said ter. 703. Jacob Rucker several times that Democrats are not Let’s meet the moment and turn 704. Wendy Jones for defunding the police, but I would agony into action. Let’s pass the 705. Jesse James Kale Brown just point out the individual presiding George Floyd Justice in Policing Act. 706. Douglas E. Rash over this session said that defunding Mr. JORDAN. Madam Speaker, I 707. Charles Craig Meeks the police is not a slogan, it is a policy yield 11⁄2 minutes to the gentleman 708. Cody William Amman demand. from Florida (Mr. RUTHERFORD), a 709. Jake Settle Madam Speaker, I yield 1 minute to former sheriff. 710. David Donovan 711. Joshua D. Evans the gentleman from Ohio (Mr. DAVID- Mr. RUTHERFORD. Madam Speaker, 712. Dustin James Acosta SON). I rise today in opposition to this bill. 713. James Horton Mr. DAVIDSON. Madam Speaker, I This bill should be a balefire, a warn- 714. Michael Dansby thank the gentleman for yielding. ing to America that there are those

VerDate Sep 11 2014 06:30 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.052 H03MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 3, 2021 CONGRESSIONAL RECORD — HOUSE H1067 across the aisle who wish to attempt to TIM SCOTT, have proposed the JUSTICE Let’s get together and come together federalize State and local law enforce- Act to positively reform police to serve on a bill that will not just raise money, ment. I would like to focus specifically, all Americans equally. not just hire more lawyers, but will though, on this move to eliminate However, their sincere efforts have solve the problem of the death, as qualified immunity. This is a betrayal not even been considered by those criminal as it was, of George Floyd. of law enforcement. This alone is across the aisle. That bill would im- Mr. NADLER. Madam Speaker, I enough reason to vote against this bill. prove law enforcement transparency, yield 45 seconds to the gentleman from There is a myth, a lie, perpetrated by require more detailed records on the Virginia (Mr. CONNOLLY). those who want to do away with quali- use of force, provide funds for body Mr. CONNOLLY. Madam Speaker, fied immunity, that qualified immu- cameras, ban choke holds, and improve this bill isn’t about what we just heard. nity gives officers free rein on the job. training to intervene in situations and This bill is a moment of potential re- This is not true. This is not sovereign deescalate. These are all things we demption for a country riven by racial immunity; it is qualified immunity. agree upon. division, riven by a history of racism The way that an officer qualifies for Yet, instead of equipping our law en- going back to slavery, the Reconstruc- that immunity and for it to apply in an forcement for success, we are consid- tion era, post-Reconstruction, Jim action that he has taken, he must fol- ering this bill that would make it hard- Crow, the violent oppression of people low the law, he must follow his agen- er for our police officers to keep our because of the color of their skin. cy’s policies, and he has to act as he communities safe. We, in this body, have an opportunity has been appropriately trained. If he Every community is different and to redeem our country and its history. violates any one of those three, he is dictating policy from Washington will Let us unite behind that cause and that on his own; qualified immunity does only constrain our law enforcement he- opportunity at redemption. not apply. roes who put their lives on the line. Madam Speaker, I rise in support of H.R. Madam Speaker, law enforcement is I urge my colleagues to oppose this 1280, the George Floyd Justice in Policing Act a dangerous profession that deals in bill. of 2021. split-second decisions. Most people in Mr. NADLER. Madam Speaker, I The peaceful protests for racial justice last this room have no idea what it is like yield 1 minute to the gentleman from summer compelled a long overdue reckoning to determine, in a high-stress, life- Texas (Mr. GREEN). for our country to take action to fulfill Amer- threatening—— Mr. GREEN of Texas. Madam Speak- ica’s promise of equality no matter the color of The SPEAKER pro tempore. The er, and still I rise. your skin. time of the gentleman has expired. My dear friends, you say you have a That is why I am proud to cosponsor this Mr. NADLER. Madam Speaker, may I bill. Where was your bill when you had proposal to end police brutality and address inquire as to how much time is remain- the House, the Senate, and the Presi- the systemic racism that has marred American ing? dency, and you could have passed it? law enforcement for generations. The SPEAKER pro tempore. The gen- You say you have a bill. The same With this legislation, we finally say enough tleman from New York has 9 minutes bill that you had to replace the Afford- is enough: We’ve had enough of racial and re- remaining. The gentleman from Ohio able Care Act that you never passed? ligious profiling; Enough of no-knock warrants has 7 minutes remaining. The same bill that you had to rebuild and chokeholds; and Enough of police using Mr. NADLER. Madam Speaker, I the infrastructure across the length military-grade equipment on our American yield 1 minute to the gentleman from and breadth of this country that you streets. New York (Mr. BOWMAN). Mr. BOWMAN. Madam Speaker, I was never passed? We are a country crying out for an end to 11 years old when the police beat the Where is the invisible bill? the centuries-long scourge of racist brutality I rise to support this bill that will crap out of me. Eleven years old, sixth that has stolen so many black lives from our deal with elimination of deadly force grade; what threat did I pose, other communities. racism that can take the lives of Black than that of a child who was horse- The Justice in Policing Act will help erode people with impunity. playing in the street? the culture of impunity within too many of our My mother and I did not feel empow- I rise against your invisible bill. police forces by bringing much-needed ac- ered to take any recourse, because in The SPEAKER pro tempore. Mem- countability and transparency to our law en- our community, the police, unfortu- bers are reminded again to direct their forcement institutions. nately, operate as an occupying force. remarks to the Chair and not to each I urge my colleagues to support it. I thank God that I am alive to tell other. Mr. JORDAN. Madam Speaker, I this story. Unfortunately, George Mr. JORDAN. Madam Speaker, Sen- yield 1 minute to the gentleman from Floyd is not alive. Philando Castile is ator SCOTT had legislation, good legis- Georgia (Mr. CLYDE). not alive. Tamir Rice is not alive. lation, but the Democrats wouldn’t Mr. CLYDE. Madam Speaker, I rise Aiyana Jones slept in her apartment take it up; they filibustered. today in opposition to H.R. 1280, a on her couch. She was 7 years old. Po- Madam Speaker, I yield 1 minute to purely partisan bill, developed with lice came in with a no-knock warrant the gentleman from Texas (Mr. GOH- zero Republican input, that would and murdered her. MERT). defund the police and hamstring the This is about transparency and ac- Mr. GOHMERT. Madam Speaker, ability of our law enforcement agencies countability, and we should pass the what happened to George Floyd is atro- to keep our communities safe. George Floyd Justice in Policing Act cious, it is criminal, and the policeman This bill would lower the legal in a bipartisan way. will be held accountable; he has got to threshold to criminally prosecute a po- Mr. JORDAN. Madam Speaker, I be. lice officer for deprivation of rights, yield 1 minute to the gentleman from But that has nothing to do with which would, at best, lead to a torrent Georgia (Mr. CARTER). eliminating immunity for countless po- of frivolous cases against officers and, Mr. CARTER of Georgia. Madam licemen across the country. This bill at worst, discourage them from doing Speaker, I rise today in opposition to does not properly address or prevent their jobs. this bill, and that is a shame, because what happened in poor George Floyd’s Our officers are already forced to this is an area that is ripe for bipar- case. work in difficult environments. Count- tisan compromise. Why would we have a bill that elimi- less officers have already simply quit But the House continues to spend its nates immunity for anybody charging or retired early, while morale has time forcing through another Demo- the Capitol, breaking in illegally? They plummeted for those who stay. It will cratic package that had zero Repub- would be able to sue the police in the continue if this bill passes. lican input. We considered this very future, tie them up in court. Why I encourage all of my colleagues to same bill last Congress, but it only would we do that? Because if we do vote ‘‘no’’ on H.R. 1280, a bill that passed the House with three Repub- this—follow the money—then the defunds the police. lican votes in support. unions will be selling a lot of liability Mr. NADLER. Madam Speaker, may I Meanwhile, my colleagues, Rep- insurance; it will be the biggest fund- inquire as to how much time is remain- resentative PETE STAUBER and Senator raiser they have ever had. ing?

VerDate Sep 11 2014 06:30 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.055 H03MRPT1 SSpencer on DSK126QN23PROD with HOUSE H1068 CONGRESSIONAL RECORD — HOUSE March 3, 2021 The SPEAKER pro tempore. The gen- Washington-knows-best regulations, long overdue. It is important to note tleman from New York has 61⁄4 minutes and puts a target on the backs of ev- this bill is a start, not the end, of our remaining. The gentleman from Ohio eryday officers by creating a national movement to transform what it means has 4 minutes remaining. database of complaints that have not to feel safe in our country. Mr. NADLER. Madam Speaker, I been adjudicated. We must demand true accountability, yield 45 seconds to the gentlewoman Madam Speaker, I oppose the bill. I justice, and reparations for the genera- from New York (Mrs. CAROLYN B. stand with law enforcement, and I am tions of police brutality against our MALONEY). grateful for those who serve on the Black communities. We must invest in Mrs. CAROLYN B. MALONEY of New thin blue line. the social programs that we know will York. Madam Speaker, Eric Garner, Mr. NADLER. Madam Speaker, I give our communities the opportunity George Floyd, Breonna Taylor, all yield 45 seconds to the distinguished to thrive. Black men and women who were killed gentleman from New York (Mr. This is the justice that Aiyana Jones by police. TORRES). and George Floyd and many other lives It is in their memory that I rise Mr. TORRES of New York. Madam lost to police violence deserve. today in support of the George Floyd Speaker, as a person of color who has Mr. JORDAN. Madam Speaker, I re- Justice in Policing Act, because we seen in my own life the dehumanizing serve the balance of my time. cannot live up to our ideals of justice effect of stop-and-frisk policing in New Mr. NADLER. Madam Speaker, how for all while BIPOC Americans are dis- York City, I know firsthand that the much time is remaining? The SPEAKER pro tempore. The gen- proportionately killed by police. Achilles’ heel of American policing is tleman from New York has 21⁄2 minutes We need to pass this bill to save the absence of accountability. lives, to reform qualified immunity, to We, as a country, have a choice. We remaining. The gentleman from Ohio 1 ban no-knock warrants like the one can either choose police accountability has 3 ⁄4 minutes remaining. Mr. NADLER. Madam Speaker, I that contributed to the death of or choose qualified immunity, but we yield 45 seconds to the distinguished Breonna Taylor, to end the use of cannot choose both. gentleman from Maryland (Mr. choke holds that killed Eric Garner The purpose of the George Floyd Jus- MFUME). and George Floyd. tice in Policing Act is not to second- I urge all my colleagues to join me in Mr. MFUME. Madam Speaker, there guess officers who act in good faith. is an old African proverb that says: voting to pass this long overdue bill, to The objective is to hold liable officers join me in this work to make this Until the lions tell their own story, the who repeatedly abuse their power and tales of the hunt will always glorify country a safer, more just place for all who rarely, if ever, face consequences Americans. I urge a ‘‘yes’’ vote. the hunter. for their repeat abuses. Who are the lions? They are the vic- Mr. JORDAN. Madam Speaker, I re- If you are a good officer, you have serve the balance of my time. tims. They are Black and Brown and nothing to fear. But if you are a bad of- indigenous. They have suffered, en- Mr. NADLER. Madam Speaker, I ficer, you have accountability to fear, yield 45 seconds to the gentleman from dured, and survived 200 years of bru- and fear accountability, you should. tality, slavery, racism, Jim Crow, op- Texas (Mr. DOGGETT). Mr. JORDAN. Madam Speaker, I re- Mr. DOGGETT. Madam Speaker, pression, deprivation, degradation, de- serve the balance of my time. death and destruction at this Capitol nial, and disprivilege. Mr. NADLER. Madam Speaker, I from recent Trump-instigated violence We have learned in this country one yield 45 seconds to the gentlewoman shows the result of insufficient polic- thing, that justice comes in small from Georgia (Ms. WILLIAMS). steps. And when we consider the en- ing. The deaths of George Floyd and Ms. WILLIAMS of Georgia. Madam Breonna Taylor, and in my area, Mike slavement of the Negro, the extermi- Speaker, what we saw happen to nation of the Indian, the annexation of Ramos and Javier Ambler, and too George Floyd was not an isolated inci- many more, from misconduct, show the the Hispanic, our Nation that we love dent. It was a modern-day lynching had an iniquitous conception. result of insufficient justice. As the caught on camera, and it must stop. name of this bill, ‘‘Justice in Polic- So these small steps, no matter how Black men, women, and children are painful they are, must be taken. This ing,’’ indicates this bill is not about re- done dying. We are done dying at the moving the police; it is about removing bill helps move us toward a more per- hands of police. fect Union. I urge passage of the the injustice. It seeks accountability. Law enforcement should protect and It seeks equal justice under the law George Floyd Justice in Policing Act. serve. But in communities of color, we by our law enforcers, particularly for Mr. JORDAN. Madam Speaker, I don’t have the luxury of making that 1 people of color, who have too often yield 2 ⁄2 minutes to the gentlewoman assumption. Many Black people get the been victimized by systemic racism. from New York (Ms. MALLIOTAKIS). talk, instructions on how to act when Instead of working with us to make it Ms. MALLIOTAKIS. Madam Speaker, encountering police to increase the better and secure our communities and as a representative of more than a likelihood of returning home alive. more justice for all, many of today’s quarter of NYPD’s 36,000 active offi- These are survival tactics that my hus- Republican opponents are only spout- cers, and thousands more retirees and band and I don’t want to have to pass ing the poisonous slogans of Trumpism. first responders, I rise today in opposi- on to my young Black son, but we Because Black and Brown lives do mat- tion to H.R. 1280 and every piece of leg- must. ter, let’s approve this bill to achieve islation that aims to cripple or degrade For Black and Brown people every- greater justice for all in an America our law enforcement. where, I urge my colleagues to vote Instead of working with Republicans, that is safer for all. ‘‘yes’’ on the George Floyd Justice in my colleagues on the other side of the b 1945 Policing Act. Let’s affirm our commit- aisle have chosen to push forth yet an- Mr. JORDAN. Madam Speaker, I ment to root out police brutality and other partisan bill that will diminish yield 1 minute to the gentleman from ensure accountability in policing. public safety and prevent our law en- Virginia (Mr. GOOD). Mr. JORDAN. Madam Speaker, I re- forcement officers from serving and Mr. GOOD of Virginia. Madam Speak- serve the balance of my time. protecting our communities, all while er, I rise in strong opposition to this Mr. NADLER. Madam Speaker, I trying to hold them personally liable. bill, which represents the worst of yield 45 seconds to the gentlewoman The brave men and women who put on Washington: defunding police in a sur- from Michigan (Ms. TLAIB). the uniform every day deserve better. prise vote in the middle of the night. Ms. TLAIB. Madam Speaker, I rise We have offered real solutions to in- This bill advances the far-left Demo- today in loving memory of Aiyana crease transparency, accountability, crat platform, and would defund the Jones, who was only 7 years old when and performance so our Nation’s law police through unfunded mandates that she was killed by Detroit police. enforcement officers can better serve cost State and local departments mil- The fact that the George Floyd Jus- and protect all. lions of dollars. tice in Policing Act could have been But make no mistake, this bill you If this weren’t bad enough, the bill named after countless other people are about to pass today defunds the po- advances an antipolice agenda with murdered by police shows that this is lice. The Congressional Budget Office

VerDate Sep 11 2014 06:30 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.057 H03MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 3, 2021 CONGRESSIONAL RECORD — HOUSE H1069 has confirmed that the unfunded man- men and women who protect us all. Ms. JOHNSON of Texas. Madam Speaker, dates contained in this bill will drain That is our concern. I rise today to affirm my support as an original the resources of State and local law en- We would have loved to have worked cosponsor for H.R. 1280, the George Floyd forcement to the tune of several hun- with the other side. We had a bill. Sen- Justice in Policing Act of 2021. dred million dollars. This is negligence. ator SCOTT worked tirelessly on it. This is not a new issue. But one that we As a resident of New York City who Representative STAUBER, former police continue to revisit over. And over. And over. has seen our police department’s budg- officer STAUBER, on our side worked Madam Speaker, how many times will my et slashed by a billion dollars by politi- night and day on it. But Democrats Republican colleagues affirm that Black Lives cians who think they know more than wouldn’t work with us, wouldn’t take Matter as the blood of Black Lives cry out the officers doing the job on the street, any of our amendments. from American cities and streets? I can tell you that there are serious This is a partisan, political bill, un- Despite what my Republican colleagues are ramifications. fortunately. That is why I urge a ‘‘no’’ purporting, the George Floyd Justice in Polic- Crime has skyrocketed. Last year, vote. ing Act will not defund the police. shootings increased by 97 percent, and Madam Speaker, I yield back the bal- But what it will do is bring us one step clos- murders increased by 44 percent. We ance of my time. er to justice by: banning chokeholds; prohib- have seen livelihoods and properties Mr. NADLER. Madam Speaker, I iting no-knock warrants; ending the qualified destroyed by rioters and looters in cit- yield the balance of my time to the immunity doctrine that is a barrier to holding ies across America. gentlewoman from California (Ms. police officers accountable for wrongful con- Government’s number one responsi- WATERS). duct; Combatting racial profiling; Mandating Ms. WATERS. Madam Speaker, I rise bility to its citizenry is to keep them there be data collection of these incidences for in support of the George Floyd Justice safe. Defunding law enforcement is an tracking, including body cameras and dash- in Policing Act, which bans police abdication of that responsibility. board cameras; and; establishing new stand- choke holds, creates a national police Tonight, I call on every Member of ards for policing. misconduct registry, and eliminates George Floyd’s death should not be in vain. this body to cosponsor my Right to Re- qualified immunity, among other need- And as a mother of a black son. Grandmother main Safe Act, which holds local gov- ed provisions. to three black grandsons, I do not want to ernments responsible should someone I grieved when first watching George have to worry about their safety when they en- become a victim of a crime due to gov- Floyd’s murder by a cop, and I grieve counter the police who are sworn to protect ernment’s negligence. still over the continued loss of so many and serve. Not be the judge, jury, and onsite Madam Speaker, if we adopt the mo- Blacks killed by cops. There have been executioner. tion to recommit today, we will in- 149 Black men killed at the hands of Black lives matter, Madam Speaker, and it struct the Judiciary Committee to con- police since George Floyd’s murder. I is past time that the laws of our nation reflect sider my amendment to H.R. 1280 to in- have been fighting against this police it. That is why I am urging my colleagues on clude a simple, straightforward sense brutality since my first days as a mem- both sides of the aisle to support this bill. It of Congress strongly rejecting efforts ber of the California State Assembly. goes without saying that I strongly encourage to defund the police. But here we are, mourning the vic- its immediate consideration and passage in Madam Speaker, my colleagues say tims of police choke holds, Blacks the Senate. they don’t support defunding the po- being shot in the back, fathers being The SPEAKER pro tempore. All time lice. Well, here is their chance to show killed in front of their children and for debate has expired. it. their families. We Blacks are under Pursuant to House Resolution 179, Madam Speaker, I ask unanimous siege by rogue cops, who we pay to pro- the previous question is ordered on the consent to insert the text of the tect and serve us, and White suprema- bill. amendment in the RECORD imme- cists and domestic terrorists. The question is on engrossment and diately prior to the vote on the motion We have to resist this. We have to third reading of the bill. to recommit. say to bad cops in blue that we are The bill was ordered to be engrossed The SPEAKER pro tempore. Is there going to fight you. Or proud boys in and read a third time, and was read the objection to the request of the gentle- yellow gear, we are going to fight you. third time. woman from New York? We are going to resist you. MOTION TO RECOMMIT There was no objection. Mr. NADLER. Madam Speaker, I Ms. MALLIOTAKIS. Madam Speaker, Mr. NADLER. Madam Speaker, I yield back the balance of my time. I have a motion to recommit at the yield 45 seconds to the distinguished Ms. ESHOO. Madam Speaker, I rise in desk. gentlewoman from Illinois (Ms. SCHA- strong support of the George Floyd Justice in The SPEAKER pro tempore. The KOWSKY). Policing Act, a comprehensive bill to address Clerk will report the motion to recom- Ms. SCHAKOWSKY. Madam Speaker, systemic racism in law enforcement. mit. I rise today to say thank you to the Today’s legislation is named for George The Clerk read as follows: millions of Americans who peacefully Floyd, whose senseless death at the hands of Ms. Malliotakis moves to recommit the put this bill on the agenda. a police officer shocked the conscience of mil- bill H.R. 1280 to the Committee on the Judi- ciary. It was nowhere last year until we saw lions of Americans and sparked a long-over- 8 minutes and 46 seconds of a man due reckoning on race in America and a The material previously referred to being murdered, a Black man, George movement demanding racial justice. Congress by Ms. MALLIOTAKIS is as follows: Add, at the end of the bill, the following Floyd. People—White, Black, all dif- has heard this call for justice, and in response, (and conform the table of contents): ferent colors—took to the streets, and Congresswoman KAREN BASS and the Con- SEC. 503. SENSE OF THE HOUSE OF REPRESENTA- they said, ‘‘No more.’’ I want to thank gressional Black Caucus have written this crit- TIVES. those activists and ordinary people ical legislation to hold police accountable, It is the sense of the House of Representa- who said we don’t have to tolerate this. change the culture of law enforcement, and tives that the House— The bill passed last year, and it is build trust between law enforcement and the (1) recognizes and appreciates the dedica- going to pass again because the Amer- communities they serve. tion and devotion demonstrated by the men ican people are tired of this racism and The George Floyd Justice in Policing Act and women of law enforcement who keep our communities and our nation safe; and the killing and killing and killing of takes these challenges head on by banning (2) condemns calls to ‘‘defund’’, ‘‘disband’’, Black people. chokeholds, mandating racial bias training, ‘‘dismantle’’, or ‘‘abolish’’ the police. Mr. JORDAN. Madam Speaker, I ending qualified immunity, restricting the sale The SPEAKER pro tempore. Pursu- yield myself such time as I may con- of military-grade weapons to local police de- ant to clause 2(b) of rule XIX, the pre- sume. partments, and establishing a National Police vious question is ordered on the motion Madam Speaker, you said: Defunding Misconduct Registry. While the inequities in to recommit. the police is not a slogan; it is a policy our criminal justice system are immense, this The question is on the motion to re- demand. legislation is a bold step to address systemic commit. Over 20 cities in this great country racism in law enforcement, and the time has The question was taken; and the enacted that. They did that to the tune come to make these reforms the law of the Speaker pro tempore announced that of $1.7 billion taken from the brave land. the noes appeared to have it.

VerDate Sep 11 2014 07:02 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.059 H03MRPT1 SSpencer on DSK126QN23PROD with HOUSE H1070 CONGRESSIONAL RECORD — HOUSE March 3, 2021 Ms. MALLIOTAKIS. Madam Speaker, Courtney Kilmer Pressley Larson (CT) Moore (WI) Roybal-Allard on that I demand the yeas and nays. Craig Kim (NJ) Price (NC) (Courtney) (Beyer) (Escobar) Crist Kind Quigley Lawson (FL) Moulton Ruiz (Aguilar) The SPEAKER pro tempore. Pursu- Crow Kirkpatrick Raskin (Evans) (McGovern) Rush ant to section 3(s) of House Resolution Cuellar Krishnamoorthi Rice (NY) Lee (NV) Napolitano (Underwood) 8, the yeas and nays are ordered. Davids (KS) Kuster Ross (Kuster) (Correa) Speier (Scanlon) Davis, Danny K. Lamb Palazzo The vote was taken by electronic de- Roybal-Allard Lieu (Beyer) Vargas (Correa) Dean Langevin Ruiz Lowenthal (Fleischmann) Watson Coleman DeFazio Larsen (WA) Payne vice, and there were—yeas 208, nays Ruppersberger (Beyer) (Pallone) DeGette Larson (CT) (Wasserman 219, not voting 4, as follows: Rush Meng (Clark Wilson (FL) DeLauro Lawrence Schultz) [Roll No. 59] Ryan (MA)) (Hayes) DelBene Lawson (FL) Sa´ nchez Pingree (Kuster) YEAS—208 Delgado Lee (CA) Sarbanes Demings Lee (NV) The SPEAKER pro tempore (Mr. Aderholt Gonzalez (OH) Scanlon Moore (AL) DeSaulnier Leger Fernandez CARSON). The question is on passage of Allen Good (VA) Schakowsky Moore (UT) Deutch Levin (CA) Amodei Gooden (TX) Schiff the bill. Mullin Dingell Levin (MI) Armstrong Gosar Schneider Murphy (NC) Doggett Lieu The question was taken; and the Arrington Granger Schrader Nehls Doyle, Michael Lofgren Speaker pro tempore announced that Babin Graves (MO) Schrier Newhouse F. Lowenthal Bacon Green (TN) Scott (VA) the ayes appeared to have it. Norman Escobar Luria Baird Greene (GA) Scott, David Mr. OWENS. Mr. Speaker, on that I Nunes Eshoo Lynch Balderson Griffith Sewell Obernolte Espaillat Malinowski demand the yeas and nays. Banks Grothman Sherman Owens Evans Maloney, The SPEAKER pro tempore. Pursu- Barr Guest Sherrill Palazzo Fletcher Carolyn B. Bentz Guthrie Sires ant to section 3(s) of House Resolution Palmer Foster Maloney, Sean Bergman Hagedorn Slotkin Pence Frankel, Lois Manning 8, the yeas and nays are ordered. Bice (OK) Harris Smith (WA) Perry Fudge Matsui The vote was taken by electronic de- Biggs Harshbarger Soto Pfluger Gallego McBath Bilirakis Hartzler vice, and there were—yeas 220, nays Posey Garamendi McCollum Spanberger Bishop (NC) Hern 212, not voting 0, as follows: Reed Garcı´a (IL) McEachin Speier Boebert Herrell Reschenthaler Garcia (TX) McGovern Stanton [Roll No. 60] Bost Herrera Beutler Rice (SC) Golden McNerney Stevens Brooks Hice (GA) YEAS—220 Rodgers (WA) Gomez Meeks Strickland Buchanan Higgins (LA) Rogers (AL) Gonzalez, Meng Suozzi Adams Fletcher McCollum Bucshon Hill Rogers (KY) Vicente Mfume Swalwell Aguilar Foster McEachin Budd Hinson Rose Gottheimer Moore (WI) Takano Allred Frankel, Lois McGovern Burchett Hollingsworth Rosendale Green, Al (TX) Morelle Thompson (CA) Auchincloss Fudge McNerney Burgess Hudson Rouzer Grijalva Moulton Thompson (MS) Axne Gallego Meeks Calvert Huizenga Roy Haaland Mrvan Titus Barraga´ n Garamendi Meng Cammack Issa Rutherford Harder (CA) Murphy (FL) Tlaib Bass Garcı´a (IL) Mfume Carl Jackson Salazar Hastings Nadler Tonko Beatty Garcia (TX) Moore (WI) Carter (GA) Jacobs (NY) Scalise Hayes Napolitano Torres (CA) Bera Gomez Morelle Carter (TX) Johnson (LA) Schweikert Higgins (NY) Neal Torres (NY) Beyer Gonzalez, Moulton Cawthorn Johnson (OH) Scott, Austin Himes Neguse Trahan Bishop (GA) Vicente Mrvan Chabot Johnson (SD) Sessions Horsford Newman Trone Blumenauer Gooden (TX) Murphy (FL) Cheney Jordan Simpson Houlahan Norcross Underwood Blunt Rochester Gottheimer Nadler Cline Joyce (OH) Smith (MO) Hoyer O’Halleran Vargas Bonamici Green, Al (TX) Napolitano Cloud Joyce (PA) Smith (NE) Huffman Ocasio-Cortez Veasey Bourdeaux Grijalva Neal Clyde Katko Smith (NJ) Jackson Lee Omar Vela Bowman Haaland Neguse Cole Keller Smucker Jacobs (CA) Pallone Vela´ zquez Boyle, Brendan Harder (CA) Newman Comer Kelly (MS) Spartz Jayapal Panetta Wasserman F. Hastings Norcross Crawford Kelly (PA) Brown Hayes Stauber Jeffries Pappas Schultz O’Halleran Crenshaw Kim (CA) Brownley Higgins (NY) Ocasio-Cortez Steel Johnson (GA) Pascrell Waters Curtis Kinzinger Bush Himes Omar Stefanik Johnson (TX) Payne Watson Coleman Davidson Kustoff Bustos Horsford Pallone Steil Kahele Perlmutter Welch Davis, Rodney LaHood Butterfield Houlahan Panetta Steube Kaptur Peters Wexton DesJarlais LaMalfa Carbajal Hoyer Pappas Stewart Keating Phillips Wild Diaz-Balart Lamborn Ca´ rdenas Huffman Pascrell Stivers Kelly (IL) Pingree Williams (GA) Donalds Latta Carson Jackson Lee Payne Taylor Khanna Pocan Wilson (FL) Duncan LaTurner Cartwright Jacobs (CA) Pelosi Tenney Kildee Porter Yarmuth Dunn Lesko Case Jayapal Perlmutter Thompson (PA) Emmer Long NOT VOTING—4 Casten Jeffries Peters Tiffany Estes Loudermilk Castor (FL) Johnson (GA) Phillips Brady Graves (LA) Fallon Lucas Timmons Castro (TX) Johnson (TX) Pingree Buck Jones Feenstra Luetkemeyer Turner Chu Jones Pocan Ferguson Mace Upton Cicilline Kahele Porter Valadao Fischbach Malliotakis b 2043 Clark (MA) Kaptur Pressley Fitzgerald Mann Van Drew Clarke (NY) Keating Price (NC) Fitzpatrick Massie Van Duyne Mr. CASTEN and Ms. TITUS changed Cleaver Kelly (IL) Quigley Wagner Fleischmann Mast their vote from ‘‘yea’’ to ‘‘nay.’’ Clyburn Khanna Raskin Fortenberry McCarthy Walberg Cohen Kildee Rice (NY) Foxx McCaul Walorski Messrs. SIMPSON, ROSE, and BUDD Connolly Kilmer Ross Franklin, C. McClain Waltz changed their vote from ‘‘nay’’ to Cooper Kim (NJ) Roybal-Allard Scott McClintock Weber (TX) ‘‘yea.’’ Correa Kirkpatrick Ruiz Fulcher McHenry Webster (FL) Costa Krishnamoorthi Ruppersberger Gaetz McKinley Wenstrup So the motion to recommit was re- Courtney Kuster Rush Gallagher Meijer Westerman jected. Craig Lamb Ryan Garbarino Meuser Williams (TX) The result of the vote was announced Crist Langevin Sa´ nchez Wilson (SC) Garcia (CA) Miller (IL) as above recorded. Crow Larsen (WA) Sarbanes Gibbs Miller (WV) Wittman Cuellar Larson (CT) Scanlon Gimenez Miller-Meeks Womack Stated for: Davids (KS) Lawrence Schakowsky Gohmert Moolenaar Young Mr. GRAVES of Louisiana. Mr. Speaker, I Davis, Danny K. Lawson (FL) Schiff Gonzales, Tony Mooney Zeldin was unavoidably detained. Had I been Dean Lee (CA) Schneider DeFazio Lee (NV) Schrader NAYS—219 present, I would have voted ‘‘Yea’’ on rollcall DeGette Leger Fernandez Schrier Adams Bourdeaux Casten No. 59. DeLauro Levin (CA) Scott (VA) Aguilar Bowman Castor (FL) DelBene Levin (MI) Scott, David MEMBERS RECORDED PURSUANT TO HOUSE Allred Boyle, Brendan Castro (TX) Delgado Lieu Sewell Auchincloss F. Chu RESOLUTION 8, 117TH CONGRESS Demings Lofgren Sherman Axne Brown Cicilline Amodei (Kelly Deutch (Rice Huffman DeSaulnier Lowenthal Sherrill Barraga´ n Brownley Clark (MA) (PA)) (NY)) (McNerney) Deutch Luria Sires Bass Bush Clarke (NY) Boyle, Brendan Frankel, Lois Kelly (IL) Dingell Lynch Slotkin Beatty Bustos Cleaver F. (Jeffries) (Clark (MA)) (Kuster) Doggett Malinowski Smith (WA) Bera Butterfield Clyburn Buchanan Gaetz (McHenry) Kirkpatrick Doyle, Michael Maloney, Soto Beyer Carbajal Cohen (LaHood) Grijalva (Garcı´a (Stanton) F. Carolyn B. Spanberger Bishop (GA) Ca´ rdenas Connolly Ca´ rdenas (IL)) Krishnamoorthi Escobar Maloney, Sean Speier Blumenauer Carson Cooper (Gomez) Hastings (Brown) Eshoo Manning Stanton Blunt Rochester Cartwright Correa DeSaulnier (Wasserman Langevin Espaillat Matsui Stevens Bonamici Case Costa (Matsui) Schultz) (Lynch) Evans McBath Strickland

VerDate Sep 11 2014 06:30 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.062 H03MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 3, 2021 CONGRESSIONAL RECORD — HOUSE H1071 Suozzi Trahan Watson Coleman Mr. GOODEN of Texas. Mr. Speaker, I was Hagedorn Massie Scalise Swalwell Trone Welch shown voting aye on rollcall No. 60. I intended Harris Mast Schweikert Takano Underwood Wexton Harshbarger McCarthy Scott, Austin Thompson (CA) Vargas Wild to vote no. Hartzler McCaul Sessions Thompson (MS) Veasey Williams (GA) MEMBERS RECORDED PURSUANT TO HOUSE Hern McClain Simpson Titus Vela Wilson (FL) RESOLUTION 8, 117TH CONGRESS Herrell McClintock Smith (MO) ´ Tlaib Velazquez Yarmuth Herrera Beutler McHenry Smith (NE) Amodei (Kelly Kelly (IL) Moulton Tonko Wasserman Hice (GA) McKinley Smith (NJ) Torres (CA) Schultz (PA)) (Kuster) (McGovern) Higgins (LA) Meijer Smucker Torres (NY) Waters Boyle, Brendan Kirkpatrick Napolitano Hill Meuser Spartz F. (Jeffries) (Stanton) (Correa) Hinson Miller (IL) Stauber NAYS—212 Buchanan Krishnamoorthi Palazzo Hollingsworth Miller (WV) Steel Aderholt Golden Moolenaar (LaHood) (Brown) (Fleischmann) Hudson Miller-Meeks Stefanik Allen Gonzales, Tony Mooney Ca´ rdenas Langevin Payne Huizenga Moolenaar Steil Amodei Gonzalez (OH) Moore (AL) (Gomez) (Lynch) (Wasserman Issa Mooney Steube Armstrong Good (VA) Moore (UT) DeSaulnier Larson (CT) Schultz) Jackson Moore (AL) (Matsui) Stewart Arrington Gosar Mullin (Courtney) Pingree (Kuster) Jacobs (NY) Moore (UT) Deutch (Rice Stivers Babin Granger Murphy (NC) Lawson (FL) Roybal-Allard Johnson (LA) Mullin (NY)) Bacon Graves (LA) Nehls (Evans) (Escobar) Johnson (OH) Murphy (NC) Taylor Frankel, Lois Baird Graves (MO) Newhouse Lee (NV) Ruiz (Aguilar) Johnson (SD) Nehls Tenney (Clark (MA)) Jordan Newhouse Balderson Green (TN) Norman (Kuster) Rush Thompson (PA) Gaetz (McHenry) Joyce (OH) Norman Banks Greene (GA) Nunes Lieu (Beyer) (Underwood) Tiffany Barr Griffith Obernolte Grijalva (Garcı´a Joyce (PA) Nunes Lowenthal Speier (Scanlon) Timmons Bentz Grothman Owens (IL)) Katko Obernolte Turner Hastings (Beyer) Vargas (Correa) Bergman Guest Palazzo Keller Owens Upton (Wasserman Meng (Clark Watson Coleman Bice (OK) Guthrie Palmer Kelly (MS) Palazzo Valadao Schultz) (MA)) (Pallone) Biggs Hagedorn Pence Kelly (PA) Palmer Van Drew Huffman Moore (WI) Wilson (FL) Bilirakis Harris Perry Kim (CA) Pence Van Duyne (McNerney) (Beyer) (Hayes) Kinzinger Perry Bishop (NC) Harshbarger Pfluger Wagner Kustoff Pfluger Boebert Hartzler Posey Walberg Bost Hern Reed f LaHood Posey Walorski Brady Herrell Reschenthaler LaMalfa Reed Waltz Brooks Herrera Beutler Rice (SC) FOR THE PEOPLE ACT OF 2021 Lamborn Reschenthaler Weber (TX) Buchanan Hice (GA) Rodgers (WA) Latta Rice (SC) Webster (FL) Buck Higgins (LA) Rogers (AL) The SPEAKER pro tempore. Pursu- LaTurner Rodgers (WA) Bucshon Hill Rogers (KY) ant to clause 1(c) of rule XIX, further Lesko Rogers (AL) Wenstrup Budd Hinson Rose consideration of the bill (H.R. 1) to ex- Long Rogers (KY) Westerman Williams (TX) Burchett Hollingsworth Rosendale pand Americans’ access to the ballot Loudermilk Rose Burgess Hudson Rouzer Lucas Rosendale Wilson (SC) Calvert Huizenga Roy box, reduce the influence of big money Luetkemeyer Rouzer Wittman Cammack Issa Rutherford in politics, strengthen ethics rules for Mace Roy Womack Carl Jackson Salazar public servants, and implement other Malliotakis Rutherford Young Carter (GA) Jacobs (NY) Scalise Mann Salazar Zeldin Carter (TX) Johnson (LA) Schweikert anti-corruption measures for the pur- Cawthorn Johnson (OH) Scott, Austin pose of fortifying our democracy, and NAYS—219 Chabot Johnson (SD) Sessions for other purposes, will now resume. Adams Demings Kuster Cheney Jordan Simpson The Clerk read the title of the bill. Aguilar DeSaulnier Lamb Cline Joyce (OH) Smith (MO) Allred Deutch Langevin Cloud Joyce (PA) Smith (NE) MOTION TO RECOMMIT Auchincloss Dingell Larsen (WA) Clyde Katko Smith (NJ) The SPEAKER pro tempore. Pursu- Axne Doggett Larson (CT) Cole Keller Smucker Barraga´ n Doyle, Michael Lawrence Comer Kelly (MS) Spartz ant to clause 8 of rule XX, the unfin- Bass F. Lawson (FL) Crawford Kelly (PA) Stauber ished business is the question on agree- Beatty Escobar Lee (CA) Crenshaw Kim (CA) Steel ing to the motion to recommit offered Bera Eshoo Lee (NV) Curtis Kind Stefanik by the gentleman from Illinois (Mr. Beyer Espaillat Leger Fernandez Davidson Kinzinger Steil Bishop (GA) Evans Levin (CA) Davis, Rodney Kustoff Steube RODNEY DAVIS) on which the yeas and Blumenauer Fletcher Levin (MI) DesJarlais LaHood Stewart nays were ordered. Blunt Rochester Foster Lieu Diaz-Balart LaMalfa Stivers The Clerk will redesignate the mo- Bonamici Frankel, Lois Lofgren Donalds Lamborn Taylor Bourdeaux Fudge Lowenthal Duncan Latta Tenney tion. Boyle, Brendan Gallego Luria Dunn LaTurner Thompson (PA) The Clerk redesignated the motion. F. Garamendi Lynch Emmer Lesko Tiffany The SPEAKER pro tempore. The Brown Garcı´a (IL) Malinowski Estes Long Timmons question is on the motion to recommit. Brownley Garcia (TX) Maloney, Fallon Loudermilk Turner Bush Golden Carolyn B. Feenstra Lucas Upton The vote was taken by electronic de- Bustos Gomez Maloney, Sean Ferguson Luetkemeyer Valadao vice, and there were—yeas 210, nays Butterfield Gonzalez, Manning Fischbach Mace Van Drew 219, not voting 2, as follows: Carbajal Vicente Matsui Fitzgerald Malliotakis Van Duyne Ca´ rdenas Gottheimer McBath Fitzpatrick Mann Wagner [Roll No. 61] Carson Green, Al (TX) McCollum Fleischmann Massie Walberg YEAS—210 Cartwright Grijalva McEachin Fortenberry Mast Walorski Aderholt Carl Fitzpatrick Case Haaland McGovern Foxx McCarthy Waltz Allen Carter (GA) Fleischmann Casten Harder (CA) McNerney Franklin, C. McCaul Weber (TX) Amodei Carter (TX) Fortenberry Castor (FL) Hastings Meeks Scott McClain Webster (FL) Armstrong Cawthorn Foxx Castro (TX) Hayes Meng Fulcher McClintock Wenstrup Arrington Chabot Franklin, C. Chu Higgins (NY) Mfume Gaetz McHenry Westerman Babin Cheney Scott Cicilline Himes Moore (WI) Gallagher McKinley Williams (TX) Bacon Cline Fulcher Clark (MA) Horsford Morelle Garbarino Meijer Wilson (SC) Baird Cloud Gaetz Clarke (NY) Houlahan Moulton Garcia (CA) Meuser Wittman Balderson Clyde Gallagher Cleaver Hoyer Mrvan Gibbs Miller (IL) Womack Banks Cole Garbarino Clyburn Huffman Murphy (FL) Gimenez Miller (WV) Young Barr Comer Garcia (CA) Cohen Jackson Lee Nadler Gohmert Miller-Meeks Zeldin Bentz Crawford Gibbs Connolly Jacobs (CA) Napolitano b 2127 Bice (OK) Crenshaw Gimenez Cooper Jayapal Neal Biggs Curtis Gohmert Correa Jeffries Neguse Mr. ARMSTRONG changed his vote Bilirakis Davidson Gonzales, Tony Costa Johnson (GA) Newman from ‘‘yea’’ to ‘‘nay.’’ Bishop (NC) Davis, Rodney Gonzalez (OH) Courtney Johnson (TX) Norcross Boebert DesJarlais Good (VA) Craig Jones O’Halleran Mrs. KIRKPATRICK and Mr. KIL- Bost Diaz-Balart Gooden (TX) Crist Kahele Ocasio-Cortez MER changed their vote from ‘‘nay’’ to Brady Donalds Gosar Crow Kaptur Omar ‘‘yea.’’ Brooks Duncan Granger Cuellar Keating Pallone Buchanan Dunn Graves (LA) Davids (KS) Kelly (IL) Panetta So the bill was passed. Buck Emmer Graves (MO) Davis, Danny K. Khanna Pappas The result of the vote was announced Bucshon Estes Green (TN) Dean Kildee Pascrell as above recorded. Budd Fallon Greene (GA) DeFazio Kilmer Payne A motion to reconsider was laid on Burchett Feenstra Griffith DeGette Kim (NJ) Perlmutter Burgess Ferguson Grothman DeLauro Kind Peters the table. Calvert Fischbach Guest DelBene Kirkpatrick Phillips Stated against: Cammack Fitzgerald Guthrie Delgado Krishnamoorthi Pingree

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