H.R. 7120 — what changed
George Floyd Justice in Policing Act of 2020
From Reported in House to Engrossed in House. 10 sections amended and 2 added between Reported in House and Engrossed in House.
Sec. 2 Definitions
In this Act:
Byrne grant program— The term Byrne grant program means any grant program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), without regard to whether the funds are characterized as being made available under the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise.
COPS grant program— The term COPS grant program means the grant program authorized under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381).
Federal law enforcement agency— The term Federal law enforcement agency means any agency of the United States authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of Federal criminal law.
Federal law enforcement officer— The term Federal law enforcement officer has the meaning given the term in section 115 of title 18, United States Code.
Indian Tribe— The term Indian Tribe has the meaning given the term “Indian tribe” in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251).
Local law enforcement officer— The term local law enforcement officer means any officer, agent, or employee of a State or unit of local government authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law.
State— The term State has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251).
Tribal law enforcement officer— The term tribal law enforcement officer means any officer, agent, or employee of an Indian tribe, or the Bureau of Indian Affairs, authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law.
Unit of local government— The term “unit of local government” has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251).
Deadly force— The term “deadly force” means that force which a reasonable person would consider likely to cause death or serious bodily harm, including—
the discharge of a firearm;
a maneuver that restricts blood or oxygen flow to the brain, including chokeholds, strangleholds, neck restraints, neckholds, and carotid artery restraints; and
multiple discharges of an electronic control weapon.
Use of force— The term use of force includes—
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the use of a firearm, Taser, electronic control weapon, explosive device, chemical agent (such as pepper spray), baton, impact projectile, blunt instrument, hand, fist, foot, canine, or vehicle against an individual;
the use of a weapon, including a personal body weapon, chemical agent, impact weapon, extended range impact weapon, sonic weapon, sensory weapon, conducted energy device, or firearm, against an individual; or
any intentional pointing of a firearm at an individual.
Less lethal force— The term less lethal force means any degree of force that is not likely to cause death or serious bodily injury.
Facial recognition— The term “facial recognition” means an automated or semiautomated process that analyzes biometric data of an individual from video footage to identify or assist in identifying an individual.
Sec. 103 Pattern and practice investigations
Subpoena authority— Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601) is amended—
in subsection (a), by inserting “, by prosecutors,” after “conduct by law enforcement officers”;
in subsection (b), by striking “paragraph (1)” and inserting “subsection (a)”; and
by adding at the end the following:
“(c) Subpoena authority—In carrying out the authority in subsection (b), the Attorney General may require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium (including electronically stored information), as well as any tangible thing and documentary evidence, and the attendance and testimony of witnesses necessary in the performance of the Attorney General under subsection (b). Such a subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate district court of the United States.
“(d) Civil action by State attorneys general—Whenever it shall appear to the attorney general of any State, or such other official as a State may designate, that a violation of subsection (a) has occurred within their State, the State attorney general or official, in the name of the State, may bring a civil action in the appropriate district court of the United States to obtain appropriate equitable and declaratory relief to eliminate the pattern or practice. In carrying out the authority in this subsection, the State attorney general or official shall have the same subpoena authority as is available to the Attorney General under subsection (c).
“(e) Rule of construction—Nothing in this section may be construed to limit the authority of the Attorney General under subsection (b) in any case in which a State attorney general has brought a civil action under subsection (d).
“(f) Reporting requirements—On the date that is one year after the enactment of the George Floyd Justice in Policing Act of 2020, and annually thereafter, the Civil Rights Division of the Department of Justice shall make publicly available on an internet website a report on, during the previous year—
“(1) the number of preliminary investigations of violations of subsection (a) that were commenced;
“(2) the number of preliminary investigations of violations of subsection (a) that were resolved; and
“(3) the status of any pending investigations of violations of subsection (a).”
Grant program—
Grants authorized— The Attorney General may award a grant to a State to assist the State in conducting pattern and practice investigations under section 210401(d) of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601).
Application— A State seeking a grant under paragraph (1) shall submit an application in such form, at such time, and containing such information as the Attorney General may require.
Funding— There are authorized to be appropriated $100,000,000 to the Attorney General for each of fiscal years 2021 through 2023 to carry out this subsection.
Data on Excessive Use of Force— Section 210402 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12602) is amended—
in subsection (a)—
by striking “The Attorney General” and inserting the following:
“(1) Federal collection of data—The Attorney General”
by adding at the end the following:
“(2) State collection of data—The attorney general of a State may, through appropriate means, acquire data about the use of excessive force by law enforcement officers and such data may be used by the attorney general in conducting investigations under section 210401. This data may not contain any information that may reveal the identity of the victim or any law enforcement officer.”
by amending subsection (b) to read as follows:
“(b) Limitation on use of data acquired by the Attorney General—Data acquired under subsection (a)(1) shall be used only for research or statistical purposes and may not contain any information that may reveal the identity of the victim or any law enforcement officer.”
added
Enforcement of pattern or practice relief— Beginning in the first fiscal year that begins after the date that is one year after the date of enactment of this Act, a State or unit of local government that receives funds under the Byrne grant program or the COPS grant program during a fiscal year may not make available any amount of such funds to a local law enforcement agency if that local law enforcement agency enters into or renews any contractual arrangement, including a collective bargaining agreement with a labor organization, that—
added
would prevent the Attorney General from seeking or enforcing equitable or declaratory relief against a law enforcement agency engaging in a pattern or practice of unconstitutional misconduct; or
added
conflicts with any terms or conditions contained in a consent decree.
Sec. 113 Accreditation of law enforcement agencies
Standards—
Initial analysis— The Attorney General shall perform an initial analysis of existing accreditation standards and methodology developed by law enforcement accreditation organizations nationwide, including national, State, regional, and Tribal accreditation organizations. Such an analysis shall include a review of the recommendations of the Final Report of the President's Taskforce on 21st Century Policing, issued by the Department of Justice, in May 2015.
Development of uniform standards— After completion of the initial review and analysis under paragraph (1), the Attorney General shall—
recommend, in consultation with law enforcement accreditation organizations and community-based organizations, the adoption of additional standards that will result in greater community accountability of law enforcement agencies and an increased focus on policing with a guardian mentality, including standards relating to—
early warning systems and related intervention programs;
use of force procedures;
civilian review procedures;
traffic and pedestrian stop and search procedures;
data collection and transparency;
administrative due process requirements;
video monitoring technology;
youth justice and school safety; and
recruitment, hiring, and training; and
recommend additional areas for the development of national standards for the accreditation of law enforcement agencies in consultation with existing law enforcement accreditation organizations, professional law enforcement associations, labor organizations, community-based organizations, and professional civilian oversight organizations.
Continuing accreditation process— The Attorney General shall adopt policies and procedures to partner with law enforcement accreditation organizations, professional law enforcement associations, labor organizations, community-based organizations, and professional civilian oversight organizations to—
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continue the development of further accreditation standards consistent with paragraph (2);(2); and
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encourage the pursuit of accreditation of Federal, State, local, and Tribal law enforcement agencies by certified law enforcement accreditation organizations; andorganizations.
removed
develop recommendations for implementation of a national accreditation requirement tied to Federal grant eligibility.
Use of funds requirements— Section 502(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10153(a)) is amended by adding at the end the following:
“(7) An assurance that, for each fiscal year covered by an application, the applicant will use not less than 5 percent of the total amount of the grant award for the fiscal year to assist law enforcement agencies of the applicant, including campus public safety departments, gain or maintain accreditation from certified law enforcement accreditation organizations in accordance with section 113 of the Law Enforcement Trust and Integrity Act of 2020.”
added
Eligibility for certain grant funds— The Attorney General shall, as appropriate and consistent with applicable law, allocate Department of Justice discretionary grant funding only to States or units of local government that require law enforcement agencies of that State or unit of local government to gain and maintain accreditation from certified law enforcement accreditation organizations in accordance with this section.
Sec. 201 Establishment of National Police Misconduct Registry
In general— Not later than 180 days after the date of enactment of this Act, the Attorney General shall establish a National Police Misconduct Registry to be compiled and maintained by the Department of Justice.
Contents of registry— The Registry required to be established under subsection (a) shall contain the following data with respect to all Federal and local law enforcement officers:
Each complaint filed against a law enforcement officer, aggregated by—
complaints that were found to be credible or that resulted in disciplinary action against the law enforcement officer, disaggregated by whether the complaint involved a use of force or racial profiling (as such term is defined in section 302);
complaints that are pending review, disaggregated by whether the complaint involved a use of force or racial profiling; and
complaints for which the law enforcement officer was exonerated or that were determined to be unfounded or not sustained, disaggregated by whether the complaint involved a use of force or racial profiling.
Discipline records, disaggregated by whether the complaint involved a use of force or racial profiling.
Termination records, the reason for each termination, disaggregated by whether the complaint involved a use of force or racial profiling.
Records of certification in accordance with section 202.
Records of lawsuits against law enforcement officers and settlements of such lawsuits.
added
Instances where a law enforcement officer resigns or retires while under active investigation related to the use of force.
Federal agency reporting requirements— Not later than 1 year after the date of enactment of this Act, and every 6 months thereafter, the head of each Federal law enforcement agency shall submit to the Attorney General the information described in subsection (b).
State and local law enforcement agency reporting requirements— Beginning in the first fiscal year that begins after the date that is one year after the date of enactment of this Act and each fiscal year thereafter in which a State receives funds under the Byrne grant program, the State shall, once every 180 days, submit to the Attorney General the information described in subsection (b) for the State and each local law enforcement agency within the State.
Public availability of registry—
In general— In establishing the Registry required under subsection (a), the Attorney General shall make the Registry available to the public on an internet website of the Attorney General in a manner that allows members of the public to search for an individual law enforcement officer’s records of misconduct, as described in subsection (b), involving a use of force or racial profiling.
Privacy protections— Nothing in this subsection shall be construed to supersede the requirements or limitations under section 552a of title 5, United States Code (commonly known as the “Privacy Act of 1974”).
Sec. 365 Stop Militarizing Law Enforcement Act
Findings— Congress makes the following findings:
Under section 2576a of title 10, United States Code, the Department of Defense is authorized to provide excess property to local law enforcement agencies. The Defense Logistics Agency, administers such section by operating the Law Enforcement Support Office program.
New and used material, including mine-resistant ambush-protected vehicles and weapons determined by the Department of Defense to be “military grade” are transferred to Federal, Tribal, State, and local law enforcement agencies through the program.
As a result local law enforcement agencies, including police and sheriff’s departments, are acquiring this material for use in their normal operations.
As a result of the wars in Iraq and Afghanistan, military equipment purchased for, and used in, those wars has become excess property and has been made available for transfer to local and Federal law enforcement agencies.
In Fiscal Year 2017, $504,000,000 worth of property was transferred to law enforcement agencies.
More than $6,800,000,000 worth of weapons and equipment have been transferred to police organizations in all 50 States and four territories through the program.
In May 2012, the Defense Logistics Agency instituted a moratorium on weapons transfers through the program after reports of missing equipment and inappropriate weapons transfers.
Though the moratorium was widely publicized, it was lifted in October 2013 without adequate safeguards.
On January 16, 2015, President Barack Obama issued Executive Order 13688 to better coordinate and regulate the federal transfer of military weapons and equipment to State, local, and Tribal law enforcement agencies.
In July, 2017, the Government Accountability Office reported that the program’s internal controls were inadequate to prevent fraudulent applicants’ access to the program.
On August, 28, 2017, President Donald Trump rescinded Executive Order 13688 despite a July 2017 Government Accountability Office report finding deficiencies with the administration of the 1033 program.
As a result, Federal, State, and local law enforcement departments across the country are eligible again to acquire free “military-grade” weapons and equipment that could be used inappropriately during policing efforts in which people and taxpayers could be harmed.
The Department of Defense categorizes equipment eligible for transfer under the 1033 program as “controlled” and “un-controlled” equipment. “Controlled equipment” includes weapons, explosives such as flash-bang grenades, mine-resistant ambush-protected vehicles, long-range acoustic devices, aircraft capable of being modified to carry armament that are combat coded, and silencers, among other military grade items.
Limitation on Department of Defense transfer of personal property to local law enforcement agencies—
In general— Section 2576a of title 10, United States Code, is amended—
in subsection (a)—
in paragraph (1)(A), by striking “counterdrug, counterterrorism, and border security activities” and inserting “counterterrorism”; and
in paragraph (2), by striking “, the Director of National Drug Control Policy,”;
in subsection (b)—
in paragraph (5), by striking “and” at the end;
in paragraph (6), by striking the period and inserting a semicolon; and
by adding at the end the following new paragraphs:
“(7) the recipient submits to the Department of Defense a description of how the recipient expects to use the property;
“(8) the recipient certifies to the Department of Defense that if the recipient determines that the property is surplus to the needs of the recipient, the recipient will return the property to the Department of Defense;
“(9) with respect to a recipient that is not a Federal agency, the recipient certifies to the Department of Defense that the recipient notified the local community of the request for personal property under this section by—
“(A) publishing a notice of such request on a publicly accessible Internet website;
“(B) posting such notice at several prominent locations in the jurisdiction of the recipient; and
“(C) ensuring that such notices were available to the local community for a period of not less than 30 days; and
“(10) the recipient has received the approval of the city council or other local governing body to acquire the personal property sought under this section.”
by striking subsection (d);
by redesignating subsections (e) and (f) as subsections (o) and (p), respectively; and
by inserting after subsection (c) the following new subsections:
“(d) Annual certification accounting for transferred property
“(1) For each fiscal year, the Secretary shall submit to Congress certification in writing that each Federal or State agency to which the Secretary has transferred property under this section—
“(A) has provided to the Secretary documentation accounting for all controlled property, including arms and ammunition, that the Secretary has transferred to the agency, including any item described in subsection (f) so transferred before the date of the enactment of the George Floyd Justice in Policing Act of 2020; and
“(B) with respect to a non-Federal agency, carried out each of paragraphs (5) through (8) of subsection (b).
“(2) If the Secretary does not provide a certification under paragraph (1) for a Federal or State agency, the Secretary may not transfer additional property to that agency under this section.
“(e) Annual report on excess property—Before making any property available for transfer under this section, the Secretary shall annually submit to Congress a description of the property to be transferred together with a certification that the transfer of the property would not violate this section or any other provision of law.
“(f) Limitations on transfers
“(1) The Secretary may not transfer to Federal, Tribal, State, or local law enforcement agencies the following under this section:
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“(A) Controlled firearms, Firearms, ammunition, bayonets, grenade launchers, grenades (including stun and flash-bang),and flash-bang), and explosives.
changed
“(B) Controlled vehicles, highly mobile multi-wheeled vehicles, mine-resistant ambush-protected vehicles, trucks, truck dump, truck utility, Vehicles, except for passenger automobiles (as such term is defined in section 32901(a)(18) of title 49, United States Code) and truck carryall.bucket trucks.
changed
“(C) Drones that are armored, weaponized, or both.Drones.
“(D) Controlled aircraft that—
“(i) are combat configured or combat coded; or
“(ii) have no established commercial flight application.
“(E) Silencers.
“(F) Long-range acoustic devices.
“(G) Items in the Federal Supply Class of banned items.
“(2) The Secretary may not require, as a condition of a transfer under this section, that a Federal or State agency demonstrate the use of any small arms or ammunition.
“(3) The limitations under this subsection shall also apply with respect to the transfer of previously transferred property of the Department of Defense from one Federal or State agency to another such agency.
“(4)
“(A) The Secretary may waive the applicability of paragraph (1) to a vehicle described in subparagraph (B) of such paragraph (other than a mine-resistant ambush-protected vehicle), if the Secretary determines that such a waiver is necessary for disaster or rescue purposes or for another purpose where life and public safety are at risk, as demonstrated by the proposed recipient of the vehicle.
“(B) If the Secretary issues a waiver under subparagraph (A), the Secretary shall—
“(i) submit to Congress notice of the waiver, and post such notice on a public Internet website of the Department, by not later than 30 days after the date on which the waiver is issued; and
“(ii) require, as a condition of the waiver, that the recipient of the vehicle for which the waiver is issued provides public notice of the waiver and the transfer, including the type of vehicle and the purpose for which it is transferred, in the jurisdiction where the recipient is located by not later than 30 days after the date on which the waiver is issued.
“(5) The Secretary may provide for an exemption to the limitation under subparagraph (D) of paragraph (1) in the case of parts for aircraft described in such subparagraph that are transferred as part of regular maintenance of aircraft in an existing fleet.
“(6) The Secretary shall require, as a condition of any transfer of property under this section, that the Federal or State agency that receives the property shall return the property to the Secretary if the agency—
“(A) is investigated by the Department of Justice for any violation of civil liberties; or
“(B) is otherwise found to have engaged in widespread abuses of civil liberties.
“(g) Conditions for extension of program—Notwithstanding any other provision of law, amounts authorized to be appropriated or otherwise made available for any fiscal year may not be obligated or expended to carry out this section unless the Secretary submits to Congress certification that for the preceding fiscal year that—
“(1) each Federal or State agency that has received controlled property transferred under this section has—
“(A) demonstrated 100 percent accountability for all such property, in accordance with paragraph (2) or (3), as applicable; or
“(B) been suspended from the program pursuant to paragraph (4);
“(2) with respect to each non-Federal agency that has received controlled property under this section, the State coordinator responsible for each such agency has verified that the coordinator or an agent of the coordinator has conducted an in-person inventory of the property transferred to the agency and that 100 percent of such property was accounted for during the inventory or that the agency has been suspended from the program pursuant to paragraph (4);
“(3) with respect to each Federal agency that has received controlled property under this section, the Secretary of Defense or an agent of the Secretary has conducted an in-person inventory of the property transferred to the agency and that 100 percent of such property was accounted for during the inventory or that the agency has been suspended from the program pursuant to paragraph (4);
“(4) the eligibility of any agency that has received controlled property under this section for which 100 percent of the property was not accounted for during an inventory described in paragraph (1) or (2), as applicable, to receive any property transferred under this section has been suspended; and
“(5) each State coordinator has certified, for each non-Federal agency located in the State for which the State coordinator is responsible that—
“(A) the agency has complied with all requirements under this section; or
“(B) the eligibility of the agency to receive property transferred under this section has been suspended; and
“(6) the Secretary of Defense has certified, for each Federal agency that has received property under this section that—
“(A) the agency has complied with all requirements under this section; or
“(B) the eligibility of the agency to receive property transferred under this section has been suspended.
“(h) Prohibition on ownership of controlled property—A Federal or State agency that receives controlled property under this section may not take ownership of the property.
“(i) Notice to Congress of property downgrades—Not later than 30 days before downgrading the classification of any item of personal property from controlled or Federal Supply Class, the Secretary shall submit to Congress notice of the proposed downgrade.
“(j) Notice to Congress of property cannibalization—Before the Defense Logistics Agency authorizes the recipient of property transferred under this section to cannibalize the property, the Secretary shall submit to Congress notice of such authorization, including the name of the recipient requesting the authorization, the purpose of the proposed cannibalization, and the type of property proposed to be cannibalized.
“(k) Quarterly reports on use of controlled equipment—Not later than 30 days after the last day of a fiscal quarter, the Secretary shall submit to Congress a report on any uses of controlled property transferred under this section during that fiscal quarter.
“(l) Reports to Congress—Not later than 30 days after the last day of a fiscal year, the Secretary shall submit to Congress a report on the following for the preceding fiscal year:
“(1) The percentage of equipment lost by recipients of property transferred under this section, including specific information about the type of property lost, the monetary value of such property, and the recipient that lost the property.
“(2) The transfer of any new (condition code A) property transferred under this section, including specific information about the type of property, the recipient of the property, the monetary value of each item of the property, and the total monetary value of all such property transferred during the fiscal year.”
Effective date— The amendments made by paragraph (1) shall apply with respect to any transfer of property made after the date of the enactment of this Act.
Sec. 372 Requirements for Federal law enforcement officers regarding the use of body cameras
Definitions— In this section:
Minor— The term minor means any individual under 18 years of age.
Subject of the video footage— The term subject of the video footage—
means any identifiable Federal law enforcement officer or any identifiable suspect, victim, detainee, conversant, injured party, or other similarly situated person who appears on the body camera recording; and
does not include people who only incidentally appear on the recording.
Video footage— The term video footage means any images or audio recorded by a body camera.
Requirement to wear body camera—
In general— Federal law enforcement officers shall wear a body camera.
Requirement for body camera— A body camera required under paragraph (1) shall—
have a field of view at least as broad as the officer's vision; and
be worn in a manner that maximizes the camera's ability to capture video footage of the officer's activities.
Requirement To activate—
In general— Both the video and audio recording functions of the body camera shall be activated whenever a Federal law enforcement officer is responding to a call for service or at the initiation of any other law enforcement or investigative stop (as such term is defined in section 373) between a Federal law enforcement officer and a member of the public, except that when an immediate threat to the officer's life or safety makes activating the camera impossible or dangerous, the officer shall activate the camera at the first reasonable opportunity to do so.
Allowable deactivation— The body camera shall not be deactivated until the stop has fully concluded and the Federal law enforcement officer leaves the scene.
Notification of subject of recording— A Federal law enforcement officer who is wearing a body camera shall notify any subject of the recording that he or she is being recorded by a body camera as close to the inception of the stop as is reasonably possible.
Requirements— Notwithstanding subsection (c), the following shall apply to the use of a body camera:
Prior to entering a private residence without a warrant or in non-exigent circumstances, a Federal law enforcement officer shall ask the occupant if the occupant wants the officer to discontinue use of the officer's body camera. If the occupant responds affirmatively, the Federal law enforcement officer shall immediately discontinue use of the body camera.
When interacting with an apparent crime victim, a Federal law enforcement officer shall, as soon as practicable, ask the apparent crime victim if the apparent crime victim wants the officer to discontinue use of the officer's body camera. If the apparent crime victim responds affirmatively, the Federal law enforcement officer shall immediately discontinue use of the body camera.
When interacting with a person seeking to anonymously report a crime or assist in an ongoing law enforcement investigation, a Federal law enforcement officer shall, as soon as practicable, ask the person seeking to remain anonymous, if the person seeking to remain anonymous wants the officer to discontinue use of the officer's body camera. If the person seeking to remain anonymous responds affirmatively, the Federal law enforcement officer shall immediately discontinue use of the body camera.
Recording of offers To discontinue use of body camera— Each offer of a Federal law enforcement officer to discontinue the use of a body camera made pursuant to subsection (e), and the responses thereto, shall be recorded by the body camera prior to discontinuing use of the body camera.
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Limitations on use of body camera— Body cameras shall not be used to gather intelligence information based on First Amendment protected speech, associations, or religion, or to record activity that is unrelated to a response to a call for service or a law enforcement or investigative stop between a law enforcement officer and a member of the public, and shall not be equipped with or employ any real time facial recognition technologies.
Exceptions— Federal law enforcement officers—
shall not be required to use body cameras during investigative or enforcement stops with the public in the case that—
recording would risk the safety of a confidential informant, citizen informant, or undercover officer;
recording would pose a serious risk to national security; or
the officer is a military police officer, a member of the United States Army Criminal Investigation Command, or a protective detail assigned to a Federal or foreign official while performing his or her duties; and
shall not activate a body camera while on the grounds of any public, private or parochial elementary or secondary school, except when responding to an imminent threat to life or health.
Retention of footage—
In general— Body camera video footage shall be retained by the law enforcement agency that employs the officer whose camera captured the footage, or an authorized agent thereof, for 6 months after the date it was recorded, after which time such footage shall be permanently deleted.
Right to inspect— During the 6-month retention period described in paragraph (1), the following persons shall have the right to inspect the body camera footage:
Any person who is a subject of body camera video footage, and their designated legal counsel.
A parent or legal guardian of a minor subject of body camera video footage, and their designated legal counsel.
The spouse, next of kin, or legally authorized designee of a deceased subject of body camera video footage, and their designated legal counsel.
A Federal law enforcement officer whose body camera recorded the video footage, and their designated legal counsel, subject to the limitations and restrictions in this part.
The superior officer of a Federal law enforcement officer whose body camera recorded the video footage, subject to the limitations and restrictions in this part.
Any defense counsel who claims, pursuant to a written affidavit, to have a reasonable basis for believing a video may contain evidence that exculpates a client.
Limitation— The right to inspect subject to subsection (j)(1) shall not include the right to possess a copy of the body camera video footage, unless the release of the body camera footage is otherwise authorized by this part or by another applicable law. When a body camera fails to capture some or all of the audio or video of an incident due to malfunction, displacement of camera, or any other cause, any audio or video footage that is captured shall be treated the same as any other body camera audio or video footage under this part.
Additional retention requirements— Notwithstanding the retention and deletion requirements in subsection (i), the following shall apply to body camera video footage under this part:
Body camera video footage shall be automatically retained for not less than 3 years if the video footage captures an interaction or event involving—
any use of force; or
an stop about which a complaint has been registered by a subject of the video footage.
Body camera video footage shall be retained for not less than 3 years if a longer retention period is voluntarily requested by—
the Federal law enforcement officer whose body camera recorded the video footage, if that officer reasonably asserts the video footage has evidentiary or exculpatory value in an ongoing investigation;
any Federal law enforcement officer who is a subject of the video footage, if that officer reasonably asserts the video footage has evidentiary or exculpatory value;
any superior officer of a Federal law enforcement officer whose body camera recorded the video footage or who is a subject of the video footage, if that superior officer reasonably asserts the video footage has evidentiary or exculpatory value;
any Federal law enforcement officer, if the video footage is being retained solely and exclusively for police training purposes;
any member of the public who is a subject of the video footage;
any parent or legal guardian of a minor who is a subject of the video footage; or
a deceased subject's spouse, next of kin, or legally authorized designee.
Public review— For purposes of subparagraphs (E), (F), and (G) of subsection (j)(2), any member of the public who is a subject of video footage, the parent or legal guardian of a minor who is a subject of the video footage, or a deceased subject's next of kin or legally authorized designee, shall be permitted to review the specific video footage in question in order to make a determination as to whether they will voluntarily request it be subjected to a minimum 3-year retention period.
Disclosure—
In general— Except as provided in paragraph (2), all video footage of an interaction or event captured by a body camera, if that interaction or event is identified with reasonable specificity and requested by a member of the public, shall be provided to the person or entity making the request in accordance with the procedures for requesting and providing government records set forth in the section 552a of title 5, United States Code.
Exceptions— The following categories of video footage shall not be released to the public in the absence of express written permission from the non-law enforcement subjects of the video footage:
Video footage not subject to a minimum 3-year retention period pursuant to subsection (j).
Video footage that is subject to a minimum 3-year retention period solely and exclusively pursuant to paragraph (1)(B) or (2) of subsection (j).
Priority of requests— Notwithstanding any time periods established for acknowledging and responding to records requests in section 552a of title 5, United States Code, responses to requests for video footage that is subject to a minimum 3-year retention period pursuant to subsection (j)(1)(A), where a subject of the video footage is recorded being killed, shot by a firearm, or grievously injured, shall be prioritized and, if approved, the requested video footage shall be provided as expeditiously as possible, but in no circumstances later than 5 days following receipt of the request.
Use of redaction technology—
In general— Whenever doing so is necessary to protect personal privacy, the right to a fair trial, the identity of a confidential source or crime victim, or the life or physical safety of any person appearing in video footage, redaction technology may be used to obscure the face and other personally identifying characteristics of that person, including the tone of the person's voice, provided the redaction does not interfere with a viewer's ability to fully, completely, and accurately comprehend the events captured on the video footage.
Requirements— The following requirements shall apply to redactions under subparagraph (A):
When redaction is performed on video footage pursuant to this paragraph, an unedited, original version of the video footage shall be retained pursuant to the requirements of subsections (i) and (j).
Except pursuant to the rules for the redaction of video footage set forth in this subsection or where it is otherwise expressly authorized by this Act, no other editing or alteration of video footage, including a reduction of the video footage's resolution, shall be permitted.
Prohibited withholding of footage— Body camera video footage may not be withheld from the public on the basis that it is an investigatory record or was compiled for law enforcement purposes where any person under investigation or whose conduct is under review is a police officer or other law enforcement employee and the video footage relates to that person's conduct in their official capacity.
Admissibility— Any video footage retained beyond 6 months solely and exclusively pursuant to subsection (j)(2)(D) shall not be admissible as evidence in any criminal or civil legal or administrative proceeding.
Confidentiality— No government agency or official, or law enforcement agency, officer, or official may publicly disclose, release, or share body camera video footage unless—
doing so is expressly authorized pursuant to this part or another applicable law; or
the video footage is subject to public release pursuant to subsection (l), and not exempted from public release pursuant to subsection (l)(1).
Limitation on Federal law enforcement officer viewing of body camera footage— No Federal law enforcement officer shall review or receive an accounting of any body camera video footage that is subject to a minimum 3-year retention period pursuant to subsection (j)(1) prior to completing any required initial reports, statements, and interviews regarding the recorded event, unless doing so is necessary, while in the field, to address an immediate threat to life or safety.
Additional limitations— Video footage may not be—
in the case of footage that is not subject to a minimum 3-year retention period, viewed by any superior officer of a Federal law enforcement officer whose body camera recorded the footage absent a specific allegation of misconduct; or
divulged or used by any law enforcement agency for any commercial or other non-law enforcement purpose.
Third party maintenance of footage— Where a law enforcement agency authorizes a third party to act as its agent in maintaining body camera footage, the agent shall not be permitted to independently access, view, or alter any video footage, except to delete videos as required by law or agency retention policies.
Enforcement—
In general— If any Federal law enforcement officer, or any employee or agent of a Federal law enforcement agency fails to adhere to the recording or retention requirements contained in this part, intentionally interferes with a body camera’s ability to accurately capture video footage, or otherwise manipulates the video footage captured by a body camera during or after its operation—
appropriate disciplinary action shall be taken against the individual officer, employee, or agent;
a rebuttable evidentiary presumption shall be adopted in favor of a criminal defendant who reasonably asserts that exculpatory evidence was destroyed or not captured; and
a rebuttable evidentiary presumption shall be adopted on behalf of a civil plaintiff suing the Government, a Federal law enforcement agency, or a Federal law enforcement officer for damages based on misconduct who reasonably asserts that evidence supporting their claim was destroyed or not captured.
Proof compliance was impossible— The disciplinary action requirement and rebuttable presumptions described in paragraph (1) may be overcome by contrary evidence or proof of exigent circumstances that made compliance impossible.
Use of force investigations— In the case that a Federal law enforcement officer equipped with a body camera is involved in, a witness to, or within viewable sight range of either the use of force by another law enforcement officer that results in a death, the use of force by another law enforcement officer, during which the discharge of a firearm results in an injury, or the conduct of another law enforcement officer that becomes the subject of a criminal investigation—
the law enforcement agency that employs the law enforcement officer, or the agency or department conducting the related criminal investigation, as appropriate, shall promptly take possession of the body camera, and shall maintain such camera, and any data on such camera, in accordance with the applicable rules governing the preservation of evidence;
a copy of the data on such body camera shall be made in accordance with prevailing forensic standards for data collection and reproduction; and
such copied data shall be made available to the public in accordance with subsection (l).
Limitation on use of footage as evidence— Any body camera video footage recorded by a Federal law enforcement officer that violates this part or any other applicable law may not be offered as evidence by any government entity, agency, department, prosecutorial office, or any other subdivision thereof in any criminal or civil action or proceeding against any member of the public.
Publication of agency policies— Any Federal law enforcement agency policy or other guidance regarding body cameras, their use, or the video footage therefrom that is adopted by a Federal agency or department, shall be made publicly available on that agency’s website.
Rule of construction— Nothing in this part shall be construed to preempt any laws governing the maintenance, production, and destruction of evidence in criminal investigations and prosecutions.
Sec. 374 Facial recognition technology
changed
No camera or recording device authorized or required to be used under this part may be equipped with or employ real time facial recognition technology, and footage from such a camera or recording device may not be subjected to facial recognition technology.
Sec. 401 Short title
changed
This title may be cited as the “Emmett Till Anti-Lynching Act”.“Closing the Law Enforcement Consent Loophole Act of 2019”.
Sec. 402 Prohibition on engaging in sexual acts while acting under color of law
added
In general— Section 2243 of title 18, United States Code, is amended—
added
in the section heading, by adding at the end the following: “or by any person acting under color of law”;
added
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;
added
by inserting after subsection (b) the following:
added “(c) Of an individual by any person acting under color of law
added “(1) In general—Whoever, acting under color of law, knowingly engages in a sexual act with an individual, including an individual who is under arrest, in detention, or otherwise in the actual custody of any Federal law enforcement officer, shall be fined under this title, imprisoned not more than 15 years, or both.
added “(2) Definition—In this subsection, the term sexual act has the meaning given the term in section 2246.”
added
in subsection (d), as so redesignated, by adding at the end the following:
added “(3) In a prosecution under subsection (c), it is not a defense that the other individual consented to the sexual act.”
removed
Congress finds the following:
changed
Definition— The crime of lynching succeeded slavery as the ultimate expression Section 2246 of racism in the title 18, United States following Reconstruction.Code, is amended—
added
in paragraph (5), by striking “and” at the end;
added
in paragraph (6), by striking the period at the end and inserting “; and”; and
added
by inserting after paragraph (6) the following:
added “(7) the term Federal law enforcement officer has the meaning given the term in section 115.”
changed
Clerical amendment— Lynching was a widely acknowledged practice in the The table of sections for chapter 109A of title 18, United States until the middle of Code, is amended by amending the 20th century.item related to section 2243 to read as follows:
removed
Lynching was a crime that occurred throughout the United States, with documented incidents in all but 4 States.
removed
At least 4,742 people, predominantly African Americans, were reported lynched in the United States between 1882 and 1968.
removed
Ninety-nine percent of all perpetrators of lynching escaped from punishment by State or local officials.
removed
Lynching prompted African Americans to form the National Association for the Advancement of Colored People (referred to in this section as the “NAACP”) and prompted members of B'nai B'rith to found the Anti-Defamation League.
removed
Mr. Walter White, as a member of the NAACP and later as the executive secretary of the NAACP from 1931 to 1955, meticulously investigated lynchings in the United States and worked tirelessly to end segregation and racialized terror.
removed
Nearly 200 anti-lynching bills were introduced in Congress during the first half of the 20th century.
removed
Between 1890 and 1952, 7 Presidents petitioned Congress to end lynching.
removed
Between 1920 and 1940, the House of Representatives passed 3 strong anti-lynching measures.
removed
Protection against lynching was the minimum and most basic of Federal responsibilities, and the Senate considered but failed to enact anti-lynching legislation despite repeated requests by civil rights groups, Presidents, and the House of Representatives to do so.
removed
The publication of “Without Sanctuary: Lynching Photography in America” helped bring greater awareness and proper recognition of the victims of lynching.
removed
Only by coming to terms with history can the United States effectively champion human rights abroad.
removed
An apology offered in the spirit of true repentance moves the United States toward reconciliation and may become central to a new understanding, on which improved racial relations can be forged.
removed
Having concluded that a reckoning with our own history is the only way the country can effectively champion human rights abroad, 90 Members of the United States Senate agreed to Senate Resolution 39, 109th Congress, on June 13, 2005, to apologize to the victims of lynching and the descendants of those victims for the failure of the Senate to enact anti-lynching legislation.
removed
The National Memorial for Peace and Justice, which opened to the public in Montgomery, Alabama, on April 26, 2018, is the Nation’s first memorial dedicated to the legacy of enslaved Black people, people terrorized by lynching, African Americans humiliated by racial segregation and Jim Crow, and people of color burdened with contemporary presumptions of guilt and police violence.
removed
Notwithstanding the Senate’s apology and the heightened awareness and education about the Nation’s legacy with lynching, it is wholly necessary and appropriate for the Congress to enact legislation, after 100 years of unsuccessful legislative efforts, finally to make lynching a Federal crime.
removed
Further, it is the sense of Congress that criminal action by a group increases the likelihood that the criminal object of that group will be successfully attained and decreases the probability that the individuals involved will depart from their path of criminality. Therefore, it is appropriate to specify criminal penalties for the crime of lynching, or any attempt or conspiracy to commit lynching.
removed
The United States Senate agreed to unanimously Senate Resolution 118, 115th Congress, on April 5, 2017, “[c]ondemning hate crime and any other form of racism, religious or ethnic bias, discrimination, incitement to violence, or animus targeting a minority in the United States” and taking notice specifically of Federal Bureau of Investigation statistics demonstrating that “among single-bias hate crime incidents in the United States, 59.2 percent of victims were targeted due to racial, ethnic, or ancestral bias, and among those victims, 52.2 percent were victims of crimes motivated by the offenders’ anti-Black or anti-African American bias”.
removed
On September 14, 2017, President Donald J. Trump signed into law Senate Joint Resolution 49 (Public Law 115–58; 131 Stat. 1149), wherein Congress “condemn[ed] the racist violence and domestic terrorist attack that took place between August 11 and August 12, 2017, in Charlottesville, Virginia” and “urg[ed] the President and his administration to speak out against hate groups that espouse racism, extremism, xenophobia, anti-Semitism, and White supremacy; and use all resources available to the President and the President’s Cabinet to address the growing prevalence of those hate groups in the United States”.
removed
Senate Joint Resolution 49 (Public Law 115–58; 131 Stat. 1149) specifically took notice of “hundreds of torch-bearing White nationalists, White supremacists, Klansmen, and neo-Nazis [who] chanted racist, anti-Semitic, and anti-immigrant slogans and violently engaged with counter-demonstrators on and around the grounds of the University of Virginia in Charlottesville” and that these groups “reportedly are organizing similar events in other cities in the United States and communities everywhere are concerned about the growing and open display of hate and violence being perpetrated by those groups”.
removed
Lynching was a pernicious and pervasive tool that was used to interfere with multiple aspects of life—including the exercise of federally protected rights, as enumerated in section 245 of title 18, United States Code, housing rights, as enumerated in section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631), and the free exercise of religion, as enumerated in section 247 of title 18, United States Code. Interference with these rights was often effectuated by multiple offenders and groups, rather than isolated individuals. Therefore, prohibiting conspiracies to violate each of these rights recognizes the history of lynching in the United States and serves to prohibit its use in the future.
Sec. 403 Enactment of laws penalizing engaging in sexual acts while acting under color of law
changed
Offense—In general— Chapter 13 of title 18, United States Code, Beginning in the first fiscal year that begins after the date that is amended by adding at one year after the end date of enactment of this Act, in the following:case of a State or unit of local government that does not have in effect a law described in subsection (b), if that State or unit of local government that would otherwise receive funds under the COPS grant program, that State or unit of local government shall not be eligible to receive such funds. In the case of a multi-jurisdictional or regional consortium, if any member of that consortium is a State or unit of local government that does not have in effect a law described in subsection (b), if that consortium would otherwise receive funds under the COPS grant program, that consortium shall not be eligible to receive such funds.
removed
“250. Lynching
removed
“Whoever conspires with another person to violate section 245, 247, or 249 of this title or section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631) shall be punished in the same manner as a completed violation of such section, except that if the maximum term of imprisonment for such completed violation is less than 10 years, the person may be imprisoned for not more than 10 years.”
changed
Table Description of sections amendment—law— The table of sections for chapter 13 of title 18, United States Code, A law described in this subsection is amended by inserting after the item relating to section 249 the following:a law that—
added
makes it a criminal offense for any person acting under color of law of the State or unit of local government to engage in a sexual act with an individual, including an individual who is under arrest, in detention, or otherwise in the actual custody of any law enforcement officer; and
added
prohibits a person charged with an offense described in paragraph (1) from asserting the consent of the other individual as a defense.
added
Reporting requirement— A State or unit of local government that receives a grant under the COPS grant program shall submit to the Attorney General, on an annual basis, information on—
added
the number of reports made to law enforcement agencies in that State or unit of local government regarding persons engaging in a sexual act while acting under color of law during the previous year; and
added
the disposition of each case in which sexual misconduct by a person acting under color of law was reported during the previous year.
Sec. 404 Reports to Congress
added
added
Report by Attorney General— Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall submit to Congress a report containing—
added
the information required to be reported to the Attorney General under section 403(b); and
added
information on—
added
the number of reports made, during the previous year, to Federal law enforcement agencies regarding persons engaging in a sexual act while acting under color of law; and
added
the disposition of each case in which sexual misconduct by a person acting under color of law was reported.
added
Report by GAO— Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Comptroller General of the United States shall submit to Congress a report on any violations of section 2243(c) of title 18, United States Code, as amended by section 402, committed during the 1-year period covered by the report.
Sec. 405 Definition
addedadded In this title, the term sexual act has the meaning given the term in section 2246 of title 18, United States Code.