JUSTICE Act

I 117TH CONGRESS 1ST SESSION H. R. 677 To improve and reform policing practices, accountability and transparency. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 1, 2021 Mr. STAUBER (for himself, Mrs. HINSON, Mr. MULLIN, Mr. HUDSON, Mr. WALTZ, Mr. STIVERS, Mrs. MILLER of West Virginia, Mr. LAMBORN, Mr. GALLAGHER, Mr. RICE of South Carolina, Mr. RESCHENTHALER, Mr. BALDERSON, Mr. DIAZ-BALART, Mr. FLEISCHMANN, Mr. ADERHOLT, Mr. ALLEN, Mr. GONZALEZ of Ohio, Mr. JOYCE of Ohio, Mr. KATKO, Mrs. WAGNER, Mr. MEUSER, Mr. HILL, Mr. BACON, Mr. WEBER of Texas, Mr. CALVERT, Mr. CHABOT, Mr. WRIGHT, Mr. AUSTIN SCOTT of Georgia, Mr. WENSTRUP, Mr. BERGMAN, Mr. AMODEI, Mr. CRAWFORD, Mrs. RODGERS of Washington, Mr. VAN DREW, Mr. BUCSHON, Mr. BURCHETT, Mr. STEWART, Ms. STEFANIK, Ms. FOXX, Ms. HERRERA BEUTLER, Mr. ROUZER, Mr. MCCAUL, Mr. BAIRD, Mr. SCHWEIKERT, Mr. CURTIS, Mr. WOMACK, Mr. GUEST, Mr. BURGESS, Mr. ESTES, Mr. SMITH of New Jersey, Mr. HERN, Mr. KINZINGER, Mr. EMMER, Miss GONZA´LEZ-COLO´N, Mr. UPTON, Mr. RODNEY DAVIS of Illinois, Mr. JOHNSON of Ohio, Mr. YOUNG, Mr. REED, Mr. CARTER of Texas, and Mr. CRENSHAW) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on House Administration, and the Budget, for a period to be subsequently deter- mined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To improve and reform policing practices, accountability and transparency. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 18:14 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H677.IH H677 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 677 IH SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘Just and Unifying Solutions To Invigorate Communities 3 Everywhere Act of 2021’’ or the ‘‘JUSTICE Act’’. 4 (b) TABLE OF CONTENTS.—The table of contents for 5 this Act shall be as follows: 6 Sec. 1. Short title; table of contents. TITLE I—LAW ENFORCEMENT REFORMS Sec. 101. George Floyd and Walter Scott Notification Act. Sec. 102. Breonna Taylor Notification Act. Sec. 103. Guidance. Sec. 104. Compliance assistance grants. Sec. 105. Incentivizing banning of chokeholds. Sec. 106. Falsifying police incident reports. TITLE II—BODY-WORN CAMERAS Sec. 201. Body-Worn Camera Partnership Grant Program. Sec. 202. Penalties for failure to use body-worn cameras. TITLE III—LAW ENFORCEMENT RECORDS RETENTION Sec. 301. Law enforcement records retention. TITLE IV—JUSTICE FOR VICTIMS OF LYNCHING Sec. 401. Short title. Sec. 402. Findings. Sec. 403. Lynching. TITLE V—ALTERNATIVES TO THE USE OF FORCE, DE-ESCA- LATION, BEHAVIORAL HEALTH CRISES AND DUTY TO INTER- VENE TRAINING Sec. 501. Training on alternatives to use of force, de-escalation, and behavioral health crises. Sec. 502. Training on duty to intervene. TITLE VI—NATIONAL CRIMINAL JUSTICE COMMISSION ACT Sec. 601. Short title. Sec. 602. Findings. Sec. 603. Establishment of Commission. Sec. 604. Purpose of the Commission. Sec. 605. Review, recommendations, and report. Sec. 606. Membership. Sec. 607. Administration. Sec. 608. Direct appropriations. Sec. 609. Sunset. VerDate Sep 11 2014 18:14 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H677.IH H677 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 677 IH TITLE VII—LAW ENFORCEMENT AGENCY HIRING AND EDUCATION Subtitle A—Hiring Sec. 701. Law enforcement agency hiring. Sec. 702. Reauthorization of law enforcement grant programs. Subtitle B—Training Sec. 711. Definitions. Sec. 712. Program authorized. Sec. 713. Online education resources. Sec. 714. National Museum of African American History and Culture Council. Sec. 715. Engagement of eligible program participants. Sec. 716. Annual report. TITLE VIII—BEST PRACTICES AND STUDIES Sec. 801. Best practices. Sec. 802. Study. Sec. 803. Mental health study. Sec. 804. Study and proposal on improving accountability for DOJ grants. TITLE IX—CLOSING THE LAW ENFORCEMENT CONSENT LOOPHOLE ACT Sec. 901. Prohibition on engaging in sexual acts while acting under color of law. Sec. 902. Incentive for States. Sec. 903. Reports to Congress. TITLE X—EMERGENCY FUNDING Sec. 1001. Emergency designation. TITLE I—LAW ENFORCEMENT 1 REFORMS 2 SEC. 101. GEORGE FLOYD AND WALTER SCOTT NOTIFICA- 3 TION ACT. 4 (a) SHORT TITLE.—This section may be cited as the 5 ‘‘George Floyd and Walter Scott Notification Act’’. 6 (b) NATIONAL USE-OF-FORCE DATA COLLECTION.— 7 Section 501 of title I of the Omnibus Crime Control and 8 Safe Streets Act of 1968 (34 U.S.C. 10152) is amended 9 by adding at the end the following: 10 VerDate Sep 11 2014 18:14 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H677.IH H677 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 677 IH ‘‘(h) NATIONAL USE-OF-FORCE DATA COLLEC- 1 TION.— 2 ‘‘(1) DEFINITIONS.—In this section— 3 ‘‘(A) the term ‘law enforcement officer’— 4 ‘‘(i) means any officer, agent, or em- 5 ployee of a State, unit of local government, 6 or an Indian tribe authorized by law or by 7 a government agency to engage in or su- 8 pervise the prevention detection, or inves- 9 tigation of any violation of criminal law, or 10 authorized by law to supervise sentenced 11 criminal offenders; and 12 ‘‘(ii) includes an individual described 13 in clause (i) who is employed or volunteers 14 in a full-time, part-time, or auxiliary ca- 15 pacity; 16 ‘‘(B) the term ‘National Use-of-Force Data 17 Collection’ means the National Use-of-Force 18 Data Collection of the Federal Bureau of Inves- 19 tigation; and 20 ‘‘(C) the term ‘serious bodily injury’ means 21 bodily injury that involves a substantial risk of 22 death, unconsciousness, extreme physical pain, 23 protracted and obvious disfigurement, or pro- 24 VerDate Sep 11 2014 18:14 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H677.IH H677 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 677 IH tracted loss or impairment of the function of a 1 bodily member, organ, or mental faculty. 2 ‘‘(2) REPORTING REQUIREMENT.—For each fis- 3 cal year in which a State or unit of local government 4 receives funds under subsection (a), the State or 5 unit of local government shall report to the National 6 Use-of-Force Data Collection on an annual basis and 7 pursuant to guidelines established by the Federal 8 Bureau of Investigation, information regarding— 9 ‘‘(A) a use-of-force event by a law enforce- 10 ment officer in the State or unit of local gov- 11 ernment that involves— 12 ‘‘(i) the fatality of an individual that 13 is connected to use of force by a law en- 14 forcement officer; 15 ‘‘(ii) the serious bodily injury of an in- 16 dividual that is connected to use of force 17 by a law enforcement officer; and 18 ‘‘(iii) in the absence of either death or 19 serious bodily injury, when a firearm is 20 discharged by a law enforcement officer at 21 or in the direction of an individual; 22 ‘‘(B) any event in which a firearm is dis- 23 charged by a civilian at or in the direction of 24 a law enforcement officer; and 25 VerDate Sep 11 2014 18:14 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H677.IH H677 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 677 IH ‘‘(C) the death or serious bodily injury of 1 a law enforcement officer that results from any 2 discharge of a firearm by a civilian, or any 3 other means, including whether the law enforce- 4 ment officer was killed or suffered serious bod- 5 ily injury as part of an ambush or calculated 6 attack. 7 ‘‘(3) INFORMATION REQUIRED.—For each use- 8 of-force event required to be reported under para- 9 graph (2), the following information shall be pro- 10 vided, as required by the Federal Bureau of Inves- 11 tigation: 12 ‘‘(A) Incident information. 13 ‘‘(B) Subject information. 14 ‘‘(C) Officer information. 15 ‘‘(4) COMPLIANCE.— 16 ‘‘(A) INELIGIBILITY FOR FUNDS.— 17 ‘‘(i) FIRST FISCAL YEAR.— 18 ‘‘(I) STATES.—For the first fis- 19 cal year beginning after the date of 20 enactment of the George Floyd and 21 Walter Scott Notification Act in which 22 a State fails to comply with paragraph 23 (2) with respect to a State law en- 24 forcement agency, the State shall be 25 VerDate Sep 11 2014 18:14 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H677.IH H677 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 677 IH subject to a 20-percent reduction of 1 the funds that would otherwise be al- 2 located for retention by the State 3 under section 505(c) for that fiscal 4 year, and if any unit of local govern- 5 ment within the State fails to comply 6 with paragraph (2), the State shall be 7 subject to a reduction of the funds al- 8 located for retention by the State 9 under section 505(c) that is equal to 10 the percentage of the population of 11 the State represented by the unit of 12 local government, not to exceed 20 13 percent. 14 ‘‘(II) LOCAL GOVERNMENTS.— 15 For the first fiscal year beginning 16 after the date of enactment of the 17 George Floyd and Walter Scott Notifi- 18 cation Act in which a unit of local 19 government fails to comply with para- 20 graph (2), the unit of local govern- 21 ment shall be subject to a 20-percent 22 reduction of the funds that would oth- 23 erwise be allocated to the unit of local 24 VerDate Sep 11 2014 18:14 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H677.IH H677 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 677 IH government for that fiscal year under 1 this subpart. 2 ‘‘(ii) SUBSEQUENT FISCAL YEARS.— 3 ‘‘(I) STATES.—Beginning in the 4 first fiscal year beginning after the 5 first fiscal year described in clause 6 (i)(I) in which a State fails to comply 7 with paragraph (2) with respect to a 8 State law enforcement agency, the 9 percentage by which the funds de- 10 scribed in clause (i)(I) are reduced 11 shall be increased by 5 percent each 12 fiscal year the State fails to comply 13 with paragraph (2), except that such 14 reduction shall not exceed 25 percent 15 in any fiscal year. 16 ‘‘(II) LOCAL GOVERNMENTS.— 17 Beginning in the first fiscal year be- 18 ginning after the first fiscal year de- 19 scribed in clause (i)(II) in which a 20 unit of local government fails to com- 21 ply with paragraph (2), the percent- 22 age by which the funds described in 23 clause (i)(II) are reduced shall be in- 24 creased by 5 percent each fiscal year 25 VerDate Sep 11 2014 18:14 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H677.IH H677 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 677 IH the unit of local government fails to 1 comply with paragraph (2), except 2 that such reduction shall not exceed 3 25 percent in any fiscal year. 4 ‘‘(B) REALLOCATION.—Amounts not allo- 5 cated under a program referred to in subpara- 6 graph (A) to a State or unit of local govern- 7 ment for failure to comply with paragraph (2) 8 shall be reallocated under the program to 9 States or units of local government that have 10 complied with paragraph (2). 11 ‘‘(5) PUBLIC AVAILABILITY OF DATA.—Not 12 later than 1 year after the date of enactment of this 13 Act, and each year thereafter, the Director of the 14 Federal Bureau of Investigation shall publish, and 15 make available to the public, the National Use-of- 16 Force Data Collection. 17 ‘‘(6) FBI OUTREACH AND TECHNICAL ASSIST- 18 ANCE.—The Director of the Federal Bureau of In- 19 vestigation shall provide to a State or unit of local 20 government technical assistance and training for the 21 collection and submission of data in accordance with 22 this subsection.’’. 23 VerDate Sep 11 2014 18:14 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H677.IH H677 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 677 IH SEC. 102. BREONNA TAYLOR NOTIFICATION ACT. 1 (a) SHORT TITLE.—This section may be cited as the 2 ‘‘Breonna Taylor Notification Act of 2021’’. 3 (b) NO-KNOCK WARRANT REPORTS.—Section 501 of 4 title I of the Omnibus Crime Control and Safe Streets Act 5 of 1968 (34 U.S.C. 10152), as amended by section 101 6 of this Act, is amended by adding at the end the following: 7 ‘‘(i) NO-KNOCK WARRANT REPORTS.— 8 ‘‘(1) DEFINITIONS.—In this subsection: 9 ‘‘(A) FEDERAL LAW ENFORCEMENT AGEN- 10 CY.—The term ‘Federal law enforcement agen- 11 cy’ means any agency of the United States au- 12 thorized to engage in or supervise the preven- 13 tion, detection, investigation, or prosecution of 14 any violation of Federal criminal law. 15 ‘‘(B) NO-KNOCK WARRANT.—The term 16 ‘no-knock warrant’ means a warrant that au- 17 thorizes a law enforcement officer to enter a 18 certain premises to execute a warrant without 19 first knocking or otherwise announcing the 20 presence of the law enforcement officer if a 21 court of competent jurisdiction finds reasonable 22 suspicion that knocking and announcing the 23 presence of law enforcement would— 24 ‘‘(i) pose a danger to the officer, a 25 suspect, or a third party on the premises; 26 VerDate Sep 11 2014 18:14 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H677.IH H677 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 677 IH ‘‘(ii) inhibit the investigation; or 1 ‘‘(iii) allow the destruction of evi- 2 dence. 3 ‘‘(C) STATE LAW ENFORCEMENT AGENCY; 4 LOCAL LAW ENFORCEMENT AGENCY.—The 5 terms ‘State law enforcement agency’ and ‘local 6 law enforcement agency’ mean an agency of a 7 State or unit of local government, respectively, 8 that is authorized to engage in or supervise the 9 prevention, detection, investigation, or prosecu- 10 tion of any violation of criminal law. 11 ‘‘(2) REPORT TO ATTORNEY GENERAL.— 12 ‘‘(A) REQUIREMENT.— 13 ‘‘(i) IN GENERAL.—Subject to clause 14 (iii), not later than January 31 of the first 15 calendar year beginning after the date of 16 enactment of the Breonna Taylor Notifica- 17 tion Act of 2021, and annually there- 18 after— 19 ‘‘(I) a State that receives funds 20 under subsection (a) shall submit to 21 the Attorney General a report that in- 22 cludes, for each no-knock warrant car- 23 ried out by a State law enforcement 24 agency of the State during the pre- 25 VerDate Sep 11 2014 18:14 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H677.IH H677 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 677 IH ceding calendar year, the information 1 described in subclauses (I) through 2 (V) of paragraph (3)(A)(i); and 3 ‘‘(II) a unit of local government 4 that receives funds under subsection 5 (a) shall submit to the Attorney Gen- 6 eral a report that includes— 7 ‘‘(aa) for each no-knock 8 warrant carried out by a local [Text truncated for display. 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