JUSTICE Act

I 116TH CONGRESS 2D SESSION H. R. 7278 To improve and reform policing practices, accountability and transparency. IN THE HOUSE OF REPRESENTATIVES JUNE 18, 2020 Mr. STAUBER (for himself, Mr. FLEISCHMANN, Mr. GALLAGHER, Mr. BRADY, Mr. TIMMONS, Ms. STEFANIK, Mr. FERGUSON, Mr. GIBBS, Mr. PENCE, Mr. GARCIA of California, Mr. SENSENBRENNER, Mr. BURGESS, Mr. HUDSON, Ms. FOXX of North Carolina, Mr. BALDERSON, Mrs. WAGNER, Mr. COLLINS of Georgia, Mr. MARSHALL, Mr. CURTIS, Mr. HAGEDORN, Mr. ROGERS of Alabama, Mr. OLSON, Mr. ARMSTRONG, Mr. HILL of Ar- kansas, Mr. CHABOT, Mr. COMER, Mr. MURPHY of North Carolina, Mr. KELLER, Mr. HUIZENGA, Mr. RODNEY DAVIS of Illinois, Mr. FLORES, Mr. BUCSHON, Mr. GUTHRIE, Mr. CARTER of Georgia, Mr. WALKER, Mr. CRAWFORD, Mr. JOYCE of Ohio, Mr. SMUCKER, Mr. LATTA, Mrs. LESKO, Mr. MULLIN, Mr. THOMPSON of Pennsylvania, Mr. ROGERS of Kentucky, Ms. CHENEY, Mr. BANKS, Mr. MITCHELL, Mr. WATKINS, Mr. TURNER, Mrs. WALORSKI, Mr. CALVERT, Mr. WILSON of South Carolina, Mr. CAR- TER of Texas, Mr. GOODEN, Mr. WRIGHT, Mr. JOHNSON of Louisiana, Mr. BAIRD, Mr. WALBERG, Mr. WITTMAN, Mr. HOLDING, Mr. LUETKE- MEYER, Mr. MCKINLEY, Ms. GRANGER, Mr. COLE, Mr. WALTZ, Mr. JOHNSON of South Dakota, Mr. WENSTRUP, Mr. MARCHANT, Mr. DIAZ- BALART, Mr. MCCARTHY, Mr. WOMACK, Mr. LOUDERMILK, Mr. BYRNE, Mr. STIVERS, Mr. SCALISE, Mr. GIANFORTE, Mr. YOHO, Mr. WOODALL, Mrs. ROBY, Mr. SMITH of New Jersey, Mr. WILLIAMS, Mr. KEVIN HERN of Oklahoma, Mr. BUCK, Mrs. RODGERS of Washington, Mr. BUDD, Mr. MOOLENAAR, Mr. EMMER, Mr. JOHN W. ROSE of Tennessee, Mr. BILI- RAKIS, Mr. ESTES, Mr. GONZALEZ of Ohio, Mr. FORTENBERRY, Mr. NUNES, Mr. LUCAS, Mr. STEWART, Mr. RESCHENTHALER, Mr. PALMER, Mr. BURCHETT, Mr. JOHNSON of Ohio, Mr. LONG, Mr. PERRY, Mr. RIGGLEMAN, Mr. FITZPATRICK, Ms. HERRERA BEUTLER, Mrs. MILLER, Mr. BERGMAN, Mr. KATKO, Mr. GREEN of Tennessee, Mr. ROUZER, Mr. SCHWEIKERT, Mr. JORDAN, Mr. BUCHANAN, Mr. CRENSHAW, Mr. CLINE, Mr. JOYCE of Pennsylvania, Mr. CONAWAY, Mr. KING of New York, Mr. WEBER of Texas, Mr. COOK, Mr. RICE of South Carolina, Mr. WESTERMAN, Mr. ADERHOLT, Mr. UPTON, and Mr. KELLY of Pennsyl- vania) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on House Adminis- tration, and the Budget, for a period to be subsequently determined by VerDate Sep 11 2014 03:34 Jul 21, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H7278.IH H7278 dlhill on DSK120RN23PROD with BILLS 2 •HR 7278 IH the Speaker, in each case for consideration of such provisions as fall with- in 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 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Just and Unifying Solutions To Invigorate Communities 5 Everywhere Act of 2020’’ or the ‘‘JUSTICE Act’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act shall be as follows: 8 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. VerDate Sep 11 2014 03:34 Jul 21, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H7278.IH H7278 dlhill on DSK120RN23PROD with BILLS 3 •HR 7278 IH TITLE V—COMMISSION ON THE SOCIAL STATUS OF BLACK MEN AND BOYS ACT Sec. 501. Short title. Sec. 502. Commission establishment and membership. Sec. 503. Other matters relating to appointment; removal. Sec. 504. Leadership election. Sec. 505. Commission duties and powers. Sec. 506. Commission meeting requirements. Sec. 507. Annual report guidelines. Sec. 508. Commission compensation. TITLE VI—ALTERNATIVES TO THE USE OF FORCE, DE-ESCA- LATION, BEHAVIORAL HEALTH CRISES AND DUTY TO INTER- VENE TRAINING Sec. 601. Training on alternatives to use of force, de-escalation, and behavioral health crises. Sec. 602. Training on duty to intervene. TITLE VII—NATIONAL CRIMINAL JUSTICE COMMISSION ACT Sec. 701. Short title. Sec. 702. Findings. Sec. 703. Establishment of Commission. Sec. 704. Purpose of the Commission. Sec. 705. Review, recommendations, and report. Sec. 706. Membership. Sec. 707. Administration. Sec. 708. Direct appropriations. Sec. 709. Sunset. TITLE VIII—LAW ENFORCEMENT AGENCY HIRING AND EDUCATION Subtitle A—Hiring Sec. 801. Law enforcement agency hiring. Sec. 802. Reauthorization of law enforcement grant programs. Subtitle B—Training Sec. 811. Definitions. Sec. 812. Program authorized. Sec. 813. Online education resources. Sec. 814. National Museum of African American History and Culture Council. Sec. 815. Engagement of eligible program participants. Sec. 816. Annual report. TITLE IX—BEST PRACTICES AND STUDIES Sec. 901. Best practices. Sec. 902. Study. Sec. 903. Mental health study. Sec. 904. Study and proposal on improving accountability for DOJ grants. TITLE X—CLOSING THE LAW ENFORCEMENT CONSENT LOOPHOLE ACT VerDate Sep 11 2014 03:34 Jul 21, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H7278.IH H7278 dlhill on DSK120RN23PROD with BILLS 4 •HR 7278 IH Sec. 1001. Prohibition on engaging in sexual acts while acting under color of law. Sec. 1002. Incentive for States. Sec. 1003. Reports to Congress. TITLE XI—EMERGENCY FUNDING Sec. 1101. 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 ‘‘(h) NATIONAL USE-OF-FORCE DATA COLLEC- 11 TION.— 12 ‘‘(1) DEFINITIONS.—In this section— 13 ‘‘(A) the term ‘law enforcement officer’— 14 ‘‘(i) means any officer, agent, or em- 15 ployee of a State, unit of local government, 16 or an Indian tribe authorized by law or by 17 a government agency to engage in or su- 18 pervise the prevention detection, or inves- 19 tigation of any violation of criminal law, or 20 authorized by law to supervise sentenced 21 criminal offenders; and 22 VerDate Sep 11 2014 03:34 Jul 21, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7278.IH H7278 dlhill on DSK120RN23PROD with BILLS 5 •HR 7278 IH ‘‘(ii) includes an individual described 1 in clause (i) who is employed or volunteers 2 in a full-time, part-time, or auxiliary ca- 3 pacity; 4 ‘‘(B) the term ‘National Use-of-Force Data 5 Collection’ means the National Use-of-Force 6 Data Collection of the Federal Bureau of Inves- 7 tigation; and 8 ‘‘(C) the term ‘serious bodily injury’ means 9 bodily injury that involves a substantial risk of 10 death, unconsciousness, extreme physical pain, 11 protracted and obvious disfigurement, or pro- 12 tracted loss or impairment of the function of a 13 bodily member, organ, or mental faculty. 14 ‘‘(2) REPORTING REQUIREMENT.—For each fis- 15 cal year in which a State or unit of local government 16 receives funds under subsection (a), the State or 17 unit of local government shall report to the National 18 Use-of-Force Data Collection on an annual basis and 19 pursuant to guidelines established by the Federal 20 Bureau of Investigation, information regarding— 21 ‘‘(A) a use-of-force event by a law enforce- 22 ment officer in the State or unit of local gov- 23 ernment that involves— 24 VerDate Sep 11 2014 03:34 Jul 21, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7278.IH H7278 dlhill on DSK120RN23PROD with BILLS 6 •HR 7278 IH ‘‘(i) the fatality of an individual that 1 is connected to use of force by a law en- 2 forcement officer; 3 ‘‘(ii) the serious bodily injury of an in- 4 dividual that is connected to use of force 5 by a law enforcement officer; and 6 ‘‘(iii) in the absence of either death or 7 serious bodily injury, when a firearm is 8 discharged by a law enforcement officer at 9 or in the direction of an individual; 10 ‘‘(B) any event in which a firearm is dis- 11 charged by a civilian at or in the direction of 12 a law enforcement officer; and 13 ‘‘(C) the death or serious bodily injury of 14 a law enforcement officer that results from any 15 discharge of a firearm by a civilian, or any 16 other means, including whether the law enforce- 17 ment officer was killed or suffered serious bod- 18 ily injury as part of an ambush or calculated 19 attack. 20 ‘‘(3) INFORMATION REQUIRED.—For each use- 21 of-force event required to be reported under para- 22 graph (2), the following information shall be pro- 23 vided, as required by the Federal Bureau of Inves- 24 tigation: 25 VerDate Sep 11 2014 03:34 Jul 21, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7278.IH H7278 dlhill on DSK120RN23PROD with BILLS 7 •HR 7278 IH ‘‘(A) Incident information. 1 ‘‘(B) Subject information. 2 ‘‘(C) Officer information. 3 ‘‘(4) COMPLIANCE.— 4 ‘‘(A) INELIGIBILITY FOR FUNDS.— 5 ‘‘(i) FIRST FISCAL YEAR.— 6 ‘‘(I) STATES.—For the first fis- 7 cal year beginning after the date of 8 enactment of the George Floyd and 9 Walter Scott Notification Act in which 10 a State fails to comply with paragraph 11 (2) with respect to a State law en- 12 forcement agency, the State shall be 13 subject to a 20-percent reduction of 14 the funds that would otherwise be al- 15 located for retention by the State 16 under section 505(c) for that fiscal 17 year, and if any unit of local govern- 18 ment within the State fails to comply 19 with paragraph (2), the State shall be 20 subject to a reduction of the funds al- 21 located for retention by the State 22 under section 505(c) that is equal to 23 the percentage of the population of 24 the State represented by the unit of 25 VerDate Sep 11 2014 03:34 Jul 21, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7278.IH H7278 dlhill on DSK120RN23PROD with BILLS 8 •HR 7278 IH local government, not to exceed 20 1 percent. 2 ‘‘(II) LOCAL GOVERNMENTS.— 3 For the first fiscal year beginning 4 after the date of enactment of the 5 George Floyd and Walter Scott Notifi- 6 cation Act in which a unit of local 7 government fails to comply with para- 8 graph (2), the unit of local govern- 9 ment shall be subject to a 20-percent 10 reduction of the funds that would oth- 11 erwise be allocated to the unit of local 12 government for that fiscal year under 13 this subpart. 14 ‘‘(ii) SUBSEQUENT FISCAL YEARS.— 15 ‘‘(I) STATES.—Beginning in the 16 first fiscal year beginning after the 17 first fiscal year described in clause 18 (i)(I) in which a State fails to comply 19 with paragraph (2) with respect to a 20 State law enforcement agency, the 21 percentage by which the funds de- 22 scribed in clause (i)(I) are reduced 23 shall be increased by 5 percent each 24 fiscal year the State fails to comply 25 VerDate Sep 11 2014 03:34 Jul 21, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7278.IH H7278 dlhill on DSK120RN23PROD with BILLS 9 •HR 7278 IH with paragraph (2), except that such 1 reduction shall not exceed 25 percent 2 in any fiscal year. 3 ‘‘(II) LOCAL GOVERNMENTS.— 4 Beginning in the first fiscal year be- 5 ginning after the first fiscal year de- 6 scribed in clause (i)(II) in which a 7 unit of local government fails to com- 8 ply with paragraph (2), the percent- 9 age by which the funds described in 10 clause (i)(II) are reduced shall be in- 11 creased by 5 percent each fiscal year 12 the unit of local government fails to 13 comply with paragraph (2), except 14 that such reduction shall not exceed 15 25 percent in any fiscal year. 16 ‘‘(B) REALLOCATION.—Amounts not allo- 17 cated under a program referred to in subpara- 18 graph (A) to a State or unit of local govern- 19 ment for failure to comply with paragraph (2) 20 shall be reallocated under the program to 21 States or units of local government that have 22 complied with paragraph (2). 23 ‘‘(5) PUBLIC AVAILABILITY OF DATA.—Not 24 later than 1 year after the date of enactment of this 25 VerDate Sep 11 2014 03:34 Jul 21, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7278.IH H7278 dlhill on DSK120RN23PROD with BILLS 10 •HR 7278 IH Act, and each year thereafter, the Director of the 1 Federal Bureau of Investigation shall publish, and 2 make available to the public, the National Use-of- 3 Force Data Collection. 4 ‘‘(6) FBI OUTREACH AND TECHNICAL ASSIST- 5 ANCE.—The Director of the Federal Bureau of In- 6 vestigation shall provide to a State or unit of local 7 government technical assistance and training for the 8 collection and submission of data in accordance with 9 this subsection.’’. 10 SEC. 102. BREONNA TAYLOR NOTIFICATION ACT. 11 (a) SHORT TITLE.—This section may be cited as the 12 ‘‘Breonna Taylor Notification Act of 2020’’. 13 (b) NO-KNOCK WARRANT REPORTS.—Section 501 of 14 title I of the Omnibus Crime Control and Safe Streets Act 15 of 1968 (34 U.S.C. 10152), as amended by section 101 16 of this Act, is amended by adding at the end the following: 17 ‘‘(i) NO-KNOCK WARRANT REPORTS.— 18 ‘‘(1) DEFINITIONS.—In this subsection: 19 ‘‘(A) FEDERAL LAW ENFORCEMENT AGEN- 20 CY.—The term ‘Federal law enforcement agen- 21 cy’ means any agency of the United States au- 22 thorized to engage in or supervise the preven- 23 tion, detection, investigation, or prosecution of 24 any violation of Federal criminal law. 25 VerDate Sep 11 2014 03:34 Jul 21, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7278.IH H7278 dlhill on DSK120RN23PROD with BILLS 11 •HR 7278 IH ‘‘(B) NO-KNOCK WARRANT.—The term 1 ‘no-knock warrant’ means a warrant that au- 2 thorizes a law enforcement officer to enter a 3 certain premises to execute a warrant without 4 first knocking or otherwise announcing the 5 presence of the law enforcement officer if a 6 court of competent jurisdiction finds reasonable 7 suspicion that knocking and announcing the 8 presence of law enforcement would— 9 ‘‘(i) pose a danger to the officer, a 10 suspect, or a third party on the premises; 11 ‘‘(ii) inhibit the investigation; or 12 ‘‘(iii [Text truncated for display. 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