JUSTICE Act

II Calendar No. 480 116TH CONGRESS 2D SESSION S. 3985 To improve and reform policing practices, accountability and transparency. IN THE SENATE OF THE UNITED STATES JUNE 17, 2020 Mr. SCOTT of South Carolina (for himself, Mr. MCCONNELL, Mr. CORNYN, Mr. GRAHAM, Mrs. CAPITO, Mr. SASSE, Mr. LANKFORD, Mr. ALEX- ANDER, Ms. MCSALLY, Mr. TILLIS, Mr. BRAUN, Mr. ROBERTS, Mr. BURR, Mr. CRAMER, Mr. RUBIO, Mr. THUNE, Mr. WICKER, Mr. DAINES, Mr. BLUNT, Mr. INHOFE, Mr. HOEVEN, Ms. COLLINS, Mr. CRAPO, Ms. ERNST, Mrs. FISCHER, Mr. YOUNG, Mr. BOOZMAN, Mr. ROMNEY, Mr. RISCH, Mr. GRASSLEY, Mr. PORTMAN, Mr. GARDNER, Mr. ENZI, Mr. COTTON, Mr. SHELBY, Mrs. LOEFFLER, Mr. ROUNDS, Mr. KENNEDY, Mr. BARRASSO, Mr. PERDUE, Mrs. BLACKBURN, Mrs. HYDE-SMITH, Mr. CASSIDY, Mr. JOHNSON, Mr. MORAN, Mr. CRUZ, and Mr. SULLIVAN) in- troduced the following bill; which was read the first time JUNE 18, 2020 Read the second time and placed on the calendar 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 22:41 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3985.PCS S3985 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3985 PCS 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 2020’’ 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—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. VerDate Sep 11 2014 22:41 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S3985.PCS S3985 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3985 PCS 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 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. VerDate Sep 11 2014 22:41 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S3985.PCS S3985 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3985 PCS 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 ‘‘(ii) includes an individual described 23 in clause (i) who is employed or volunteers 24 VerDate Sep 11 2014 22:41 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3985.PCS S3985 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3985 PCS in a full-time, part-time, or auxiliary ca- 1 pacity; 2 ‘‘(B) the term ‘National Use-of-Force Data 3 Collection’ means the National Use-of-Force 4 Data Collection of the Federal Bureau of Inves- 5 tigation; and 6 ‘‘(C) the term ‘serious bodily injury’ means 7 bodily injury that involves a substantial risk of 8 death, unconsciousness, extreme physical pain, 9 protracted and obvious disfigurement, or pro- 10 tracted loss or impairment of the function of a 11 bodily member, organ, or mental faculty. 12 ‘‘(2) REPORTING REQUIREMENT.—For each fis- 13 cal year in which a State or unit of local government 14 receives funds under subsection (a), the State or 15 unit of local government shall report to the National 16 Use-of-Force Data Collection on an annual basis and 17 pursuant to guidelines established by the Federal 18 Bureau of Investigation, information regarding— 19 ‘‘(A) a use-of-force event by a law enforce- 20 ment officer in the State or unit of local gov- 21 ernment that involves— 22 ‘‘(i) the fatality of an individual that 23 is connected to use of force by a law en- 24 forcement officer; 25 VerDate Sep 11 2014 22:41 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3985.PCS S3985 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3985 PCS ‘‘(ii) the serious bodily injury of an in- 1 dividual that is connected to use of force 2 by a law enforcement officer; and 3 ‘‘(iii) in the absence of either death or 4 serious bodily injury, when a firearm is 5 discharged by a law enforcement officer at 6 or in the direction of an individual; 7 ‘‘(B) any event in which a firearm is dis- 8 charged by a civilian at or in the direction of 9 a law enforcement officer; and 10 ‘‘(C) the death or serious bodily injury of 11 a law enforcement officer that results from any 12 discharge of a firearm by a civilian, or any 13 other means, including whether the law enforce- 14 ment officer was killed or suffered serious bod- 15 ily injury as part of an ambush or calculated 16 attack. 17 ‘‘(3) INFORMATION REQUIRED.—For each use- 18 of-force event required to be reported under para- 19 graph (2), the following information shall be pro- 20 vided, as required by the Federal Bureau of Inves- 21 tigation: 22 ‘‘(A) Incident information. 23 ‘‘(B) Subject information. 24 ‘‘(C) Officer information. 25 VerDate Sep 11 2014 22:41 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3985.PCS S3985 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 3985 PCS ‘‘(4) COMPLIANCE.— 1 ‘‘(A) INELIGIBILITY FOR FUNDS.— 2 ‘‘(i) FIRST FISCAL YEAR.— 3 ‘‘(I) STATES.—For the first fis- 4 cal year beginning after the date of 5 enactment of the George Floyd and 6 Walter Scott Notification Act in which 7 a State fails to comply with paragraph 8 (2) with respect to a State law en- 9 forcement agency, the State shall be 10 subject to a 20-percent reduction of 11 the funds that would otherwise be al- 12 located for retention by the State 13 under section 505(c) for that fiscal 14 year, and if any unit of local govern- 15 ment within the State fails to comply 16 with paragraph (2), the State shall be 17 subject to a reduction of the funds al- 18 located for retention by the State 19 under section 505(c) that is equal to 20 the percentage of the population of 21 the State represented by the unit of 22 local government, not to exceed 20 23 percent. 24 VerDate Sep 11 2014 22:41 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3985.PCS S3985 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 3985 PCS ‘‘(II) LOCAL GOVERNMENTS.— 1 For the first fiscal year beginning 2 after the date of enactment of the 3 George Floyd and Walter Scott Notifi- 4 cation Act in which a unit of local 5 government fails to comply with para- 6 graph (2), the unit of local govern- 7 ment shall be subject to a 20-percent 8 reduction of the funds that would oth- 9 erwise be allocated to the unit of local 10 government for that fiscal year under 11 this subpart. 12 ‘‘(ii) SUBSEQUENT FISCAL YEARS.— 13 ‘‘(I) STATES.—Beginning in the 14 first fiscal year beginning after the 15 first fiscal year described in clause 16 (i)(I) in which a State fails to comply 17 with paragraph (2) with respect to a 18 State law enforcement agency, the 19 percentage by which the funds de- 20 scribed in clause (i)(I) are reduced 21 shall be increased by 5 percent each 22 fiscal year the State fails to comply 23 with paragraph (2), except that such 24 VerDate Sep 11 2014 22:41 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3985.PCS S3985 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 3985 PCS reduction shall not exceed 25 percent 1 in any fiscal year. 2 ‘‘(II) LOCAL GOVERNMENTS.— 3 Beginning in the first fiscal year be- 4 ginning after the first fiscal year de- 5 scribed in clause (i)(II) in which a 6 unit of local government fails to com- 7 ply with paragraph (2), the percent- 8 age by which the funds described in 9 clause (i)(II) are reduced shall be in- 10 creased by 5 percent each fiscal year 11 the unit of local government fails to 12 comply with paragraph (2), except 13 that such reduction shall not exceed 14 25 percent in any fiscal year. 15 ‘‘(B) REALLOCATION.—Amounts not allo- 16 cated under a program referred to in subpara- 17 graph (A) to a State or unit of local govern- 18 ment for failure to comply with paragraph (2) 19 shall be reallocated under the program to 20 States or units of local government that have 21 complied with paragraph (2). 22 ‘‘(5) PUBLIC AVAILABILITY OF DATA.—Not 23 later than 1 year after the date of enactment of this 24 Act, and each year thereafter, the Director of the 25 VerDate Sep 11 2014 22:41 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3985.PCS S3985 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 3985 PCS Federal Bureau of Investigation shall publish, and 1 make available to the public, the National Use-of- 2 Force Data Collection. 3 ‘‘(6) FBI OUTREACH AND TECHNICAL ASSIST- 4 ANCE.—The Director of the Federal Bureau of In- 5 vestigation shall provide to a State or unit of local 6 government technical assistance and training for the 7 collection and submission of data in accordance with 8 this subsection.’’. 9 SEC. 102. BREONNA TAYLOR NOTIFICATION ACT. 10 (a) SHORT TITLE.—This section may be cited as the 11 ‘‘Breonna Taylor Notification Act of 2020’’. 12 (b) NO-KNOCK WARRANT REPORTS.—Section 501 of 13 title I of the Omnibus Crime Control and Safe Streets Act 14 of 1968 (34 U.S.C. 10152), as amended by section 101 15 of this Act, is amended by adding at the end the following: 16 ‘‘(i) NO-KNOCK WARRANT REPORTS.— 17 ‘‘(1) DEFINITIONS.—In this subsection: 18 ‘‘(A) FEDERAL LAW ENFORCEMENT AGEN- 19 CY.—The term ‘Federal law enforcement agen- 20 cy’ means any agency of the United States au- 21 thorized to engage in or supervise the preven- 22 tion, detection, investigation, or prosecution of 23 any violation of Federal criminal law. 24 VerDate Sep 11 2014 22:41 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3985.PCS S3985 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 3985 PCS ‘‘(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) allow the destruction of evi- 13 dence. 14 ‘‘(C) STATE LAW ENFORCEMENT AGENCY; 15 LOCAL LAW ENFORCEMENT AGENCY.—The 16 terms ‘State law enforcement agency’ and ‘local 17 law enforcement agency’ mean an agency of a 18 State or unit of local government, respectively, 19 that is authorized to engage in or supervise the 20 prevention, detection, investigation, or prosecu- 21 tion of any violation of criminal law. 22 ‘‘(2) REPORT TO ATTORNEY GENERAL.— 23 ‘‘(A) REQUIREMENT.— 24 VerDate Sep 11 2014 22:41 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3985.PCS S3985 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 3985 PCS ‘‘(i) IN GENERAL.—Subject to clause 1 (iii), not later than January 31 of the first 2 calendar year beginning after the date of 3 enactment of the Breonna Taylor Notifica- 4 tion Act of 2020, and annually there- 5 after— 6 ‘‘(I) a State that receives funds 7 under subsection (a) shall submit to 8 the Attorney General a report that in- 9 cludes, for each no-knock warrant car- 10 ried out by a State law enforcement 11 agency of the State during the pre- 12 ceding calendar year, the information 13 described in subclauses (I) through 14 (V) of paragraph (3)(A)(i); and 15 ‘‘(II) a unit of local government 16 that receives funds under subsection 17 (a) shall submit to the Attorney Gen- 18 eral a report that includes— 19 ‘‘(aa) for each no-knock 20 warrant carried out by a local 21 law enforcement agency of the 22 unit of local government during 2 [Text truncated for display. Full text available on Congress.gov.]