Bill Summary
This legislation proposes a body-worn camera partnership grant program for law enforcement agencies, funded through a direct appropriation of $500,000,000 for the fiscal year ending September 30, 2020. It also amends the Omnibus Crime Control and Safe Streets Act of 1968 to require training on alternatives to use of force, de-escalation, and responding to behavioral health crises. Additionally, it designates the funds as an emergency requirement and outlines the process for certifying entities and providing funding for training programs for law enforcement personnel.
Possible Impacts
1. Law enforcement agencies will be affected by the legislation through the availability of grants for the purchase of body-worn cameras, training, and support. This will help to increase transparency and accountability within these agencies.
2. States and other entities receiving funds from the legislation will be required to implement policies for disciplining officers who fail to use body-worn cameras. This will have an impact on the behavior and actions of law enforcement officers, potentially reducing instances of excessive force.
3. Law enforcement personnel will be affected by the legislation through the mandate for training on alternatives to use of force, de-escalation, and responding to behavioral health crises. This will help to improve their skills and capabilities in handling difficult situations, ultimately leading to better outcomes for both officers and the public.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8088 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8088
To provide funding to law enforcement agencies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 22, 2020
Mr. Stauber introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on the
Budget, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide funding to law enforcement agencies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. BODY-WORN CAMERA PARTNERSHIP GRANT PROGRAM.
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.) is amended by adding
at the end the following:
``SEC. 509. BODY-WORN CAMERA PARTNERSHIP GRANT PROGRAM.
``(a) Definitions.--In this section--
``(1) the term `covered government' means a State, unit of
local government, or Indian Tribe;
``(2) the term `Director' means the Director of the Bureau
of Justice Assistance; and
``(3) the term `unit of local government', notwithstanding
section 901, does not include an Indian Tribe.
``(b) Authorization of Grants.--The Director may make grants to
eligible covered governments for use by the covered government for--
``(1) the purchase of body-worn cameras;
``(2) necessary initial supportive technological
infrastructure for body-worn cameras for law enforcement
officers in the jurisdiction of the grantee;
``(3) the development of policies and procedures relating
to the use of body-worn cameras;
``(4) training on the use of body-worn cameras;
``(5) the storage, retention, viewing, auditing, and
release of footage from body-worn cameras; and
``(6) personnel, including law enforcement, prosecution,
and criminal defense personnel, to support the administration
of the body-worn camera program of the covered government.
``(c) Eligibility.--
``(1) Application.--For a covered government to be eligible
to receive a grant under this section, the chief executive
officer of the covered government shall submit to the Director
an application in such form and containing such information as
the Director may require.
``(2) Policies and procedures assurances.--The application
under paragraph (1) shall, as required by the Director, provide
assurances that the covered government will establish policies
and procedures in accordance with subsection (d).
``(d) Required Policies and Procedures.--
``(1) In general.--A covered government receiving a grant
under this section shall develop policies and procedures
related to the use of body-worn cameras that--
``(A) are developed with community input, including
from prosecutors and organizations representing crime
victims, in accordance with recognized best practices;
``(B) require that a body-worn camera be activated
when a law enforcement officer arrests or detains any
person in the course of the official duties of the
officer, with consideration to sensitive cases;
``(C) apply discipline to any law enforcement
officer who intentionally fails to ensure that a body-
worn camera is engaged, functional, and properly
secured at all times during which the camera is
required to be worn;
``(D) require training for--
``(i) the proper use of body-worn cameras;
and
``(ii) the handling and use of the obtained
video and audio recordings;
``(E) provide clear standards for privacy, data
retention, and use for evidentiary purposes in a
criminal proceeding, including in the case of an
assault on a law enforcement officer; and
``(F) make footage available to the public in
response to a valid request under an applicable freedom
of information law if the footage can be made
available--
``(i) without compromising an ongoing
investigation or revealing the identity of
third parties, including victims, informants,
or witnesses; and
``(ii) with consideration given to the
rights of victims and surviving family members.
``(2) Publication.--A covered government receiving a grant
under this section shall make all policies and procedures
regarding body-worn cameras available on a public website.
``(3) Guidance.--The Director shall issue guidance to
covered governments related to the requirements under paragraph
(1).
``(e) Grant Amounts.--
``(1) Minimum amount.--
``(A) In general.--Each fiscal year, unless the
Director has awarded a fully funded grant for each
eligible application submitted by a State and any units
of local government within the State under this section
for the fiscal year, the Director shall allocate to the
State and units of local government within the State
for grants under this section an aggregate amount that
is not less than 0.5 percent of the total amount
appropriated for the fiscal year for grants under this
section.
``(B) Certain territories.--For purposes of the
Virgin Islands, American Samoa, Guam, and the Northern
Mariana Islands, subparagraph (A) shall be applied by
substituting `0.25 percent' for `0.5 percent'.
``(2) Maximum amount.--
``(A) Amount per covered government.--A covered
government may not receive a grant under this section
for a fiscal year in an amount that is greater than 5
percent of the total amount appropriated for grants
under this section for the fiscal year.
``(B) Aggregate amount per state.--A State and each
covered government within the State may not receive
grants under this section for a fiscal year in an
aggregate amount that is more than 20 percent of the
total amount appropriated for grants under this section
for the fiscal year.
``(f) Matching Funds.--The portion of the costs of a body-worn
camera program provided by a grant under this section--
``(1) may not exceed 50 percent; and
``(2) subject to subsection (e)(2), shall equal 50 percent
if the grant is to a unit of local government with fewer than
100,000 residents.
``(g) Supplement, Not Supplant.--Funds made available under this
section shall not be used to supplant covered government funds, but
shall be used to increase the amount of funds that would, in the
absence of Federal funds, be made available from covered government
sources for the purposes of this section.
``(h) Reports to the Director.--A covered government that receives
a grant under this section shall submit to the Director, for each year
in which funds from a grant received under this section are expended, a
report at such time and in such manner as the Director may reasonably
require, that contains--
``(1) a summary of the activities carried out under the
grant and an assessment of whether the activities are meeting
the needs identified in the grant application; and
``(2) such other information as the Director may require.
``(i) Reports to Congress.--Not later than 90 days after the end of
a fiscal year for which grants are made under this section, the
Director shall submit to Congress a report that includes--
``(1) the aggregate amount of grants made under this
section to each covered government for the fiscal year;
``(2) a summary of the information provided by covered
governments receiving grants under this section; and
``(3) a description of the priorities and plan for awarding
grants among eligible covered governments, and how the plan
will ensure the effective use of body-worn cameras to protect
public safety.
``(j) Direct Appropriations.--For the purpose of making grants
under this section there is authorized to be appropriated, and there is
appropriated, out of amounts in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2020,
$500,000,000, to remain available until expended.''.
SEC. 2. PENALTIES FOR FAILURE TO USE BODY-WORN CAMERAS.
(a) Definition.--In this section, the term ``covered provision''
means--
(1) section 509 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968, as added by section 201; and
(2) any other provision of law that makes funds available
for the purchase of body-worn cameras.
(b) Requirement.--
(1) States.--A State that receives funds under a covered
provision shall--
(A) have a policy in place to apply discipline to
any law enforcement officer who intentionally fails to
ensure that a body-worn camera purchased using those
funds is engaged, functional, and properly secured at
all times during which the camera is required to be
worn; and
(B) ensure that any entity to which the State
awards a subgrant under the covered provision has a
policy in place to apply discipline to any law
enforcement officer who intentionally fails to ensure
that a body-worn camera purchased using those funds is
engaged, functional, and properly secured at all times
during which the camera is required to be worn.
(2) Other entities.--An entity other than a State that
receives funds under a covered provision shall have a policy in
place to apply discipline to any law enforcement officer who
intentionally fails to ensure that a body-worn camera purchased
using those funds is engaged, functional, and properly secured
at all times during which the camera is required to be worn.
(c) Compliance.--
(1) Ineligibility for funds.--
(A) First fiscal year.--
(i) States.--For the first fiscal year
beginning after the date of enactment of this
Act in which a State fails to comply with
subsection (b)(1), the State shall be subject
to a 20-percent reduction of the funds that
would otherwise be provided to the State under
the applicable covered provision for that
fiscal year.
(ii) Other entities.--For the first fiscal
year beginning after the date of enactment of
this Act in which an entity other than a State
fails to comply with subsection (b)(2), the
entity shall be subject to a 20-percent
reduction of the funds that would otherwise be
allocated to the entity under the applicable
covered provision for that fiscal year.
(B) Subsequent fiscal years.--
(i) States.--Beginning in the first fiscal
year beginning after the first fiscal year
described in subparagraph (A)(i) in which a
State fails to comply with subsection (b), the
percentage by which the funds described in
subparagraph (A)(i) are reduced shall be
increased by 5 percent each fiscal year the
State fails to comply with subsection (b),
except that such reduction shall not exceed 25
percent in any fiscal year.
(ii) Other entities.--Beginning in the
first fiscal year beginning after the first
fiscal year described in subparagraph (A)(i) in
which a an entity other than a State fails to
comply with subsection (b), the percentage by
which the funds described in subparagraph
(A)(ii) are reduced shall be increased by 5
percent each fiscal year the entity fails to
comply with subsection (b), except that such
reduction shall not exceed 25 percent in any
fiscal year.
(2) Reallocation.--Amounts not allocated under covered
provision to a State or other entity for failure to comply with
subsection (b) shall be reallocated under the covered provision
to States or other entities that have complied with subsection
(b).
SEC. 3. TRAINING ON ALTERNATIVES TO USE OF FORCE, DE-ESCALATION, AND
BEHAVIORAL HEALTH CRISES.
(a) Definitions.--Section 901(a) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10251(a)) is amended--
(1) in paragraph (27), by striking ``and'' at the end;
(2) in paragraph (28), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(29) the term `de-escalation' means taking action or
communicating verbally or non-verbally during a potential force
encounter in an attempt to stabilize the situation and reduce
the immediacy of the threat so that more time, options, and
resources can be called upon to resolve the situation without
the use of force or with a reduction in the force necessary;
and
``(30) the term `behavioral health crisis' means a
situation in which the behavior of a person puts the person at
risk of hurting himself or herself or others or prevents the
person from being able to care for himself or herself or
function effectively in the community, including a situation in
which a person is under the influence of a drug or alcohol, is
suicidal, or experiences symptoms of a mental illness.''.
(b) COPS Program.--Section 1701 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10381) is amended by
adding at the end the following:
``(n) Training in Alternatives to Use of Force, De-Escalation
Techniques, and Behavioral Health Crises.--
``(1) Training curricula.--The Attorney General, in
consultation with relevant law enforcement agencies of States
and units of local government, labor organizations,
professional law enforcement organizations, and mental health
organizations, shall develop training curricula in--
``(A) alternatives to use of force and de-
escalation tactics; and
``(B) safely responding to a person experiencing a
behavioral health crisis, including techniques and
strategies that are designed to protect the safety of
the person experiencing the behavioral health crisis,
law enforcement officers, and the public.
``(2) Certified programs.--The Attorney General shall
establish a process to certify public and private entities that
offer courses in alternatives to use of force, de-escalation
tactics, and techniques and strategies for responding to a
behavioral health crisis using the training curricula
established under paragraph (1) or equivalents to the training
curricula established under paragraph (1).
``(3) Transitional regional training programs for state and
local agency personnel.--Until the end of fiscal year 2023, the
Attorney General shall, and thereafter may, provide regional
training to equip and certify personnel from law enforcement
agencies of States and units of local government in a State to
conduct training using the training curricula established under
paragraph (1).
``(4) List.--The Attorney General shall publish a list of
law enforcement agencies of States and units of local
government that employ officers who have successfully completed
a course described under paragraph (2) or (3), which shall
include--
``(A) the total number of law enforcement officers
employed by the agency;
``(B) the number of officers who have completed the
course; and
``(C) whether personnel from the law enforcement
agency are certified to conduct training.
``(5) Direct appropriations.--For the purpose of making
grants under this subsection there is authorized to be
appropriated, and there is appropriated, out of amounts in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2020, $100,000,000, to remain available until
expended.''.
(c) Byrne JAG Program.--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.) is amended--
(1) by redesignating section 508 as section 511; and
(2) by inserting after section 507 the following:
``SEC. 508. LAW ENFORCEMENT TRAINING PROGRAMS.
``(a) Definitions.--In this section--
``(1) the term `approved course in alternatives to use of
force, de-escalation tactics, or techniques and strategies for
responding to a behavioral health crisis' means a course using
the training curricula established under section 1701(n)(1) or
equivalents to such training curricula--
``(A) provided by the Attorney General under
section 1701(n)(3); or
``(B) provided by a certified entity; and
``(2) the term `certified entity' means a public or private
entity that has been certified by the Attorney General under
section 1701(n)(2).
``(b) Authority.--The Attorney General shall, from amounts made
available for this purpose under subsection (e), make grants to States
for use by the State or a unit of government located in the State to--
``(1) pay for costs associated with conducting the training
and for attendance by law enforcement personnel at an approved
course in alternatives to use of force, de-escalation tactics,
or techniques and strategies for responding to a behavioral
health crisis; and
``(2) procure training in alternatives to use of force, de-
escalation tactics, or techniques and strategies for responding
to a behavioral health crisis from a certified entity.
``(c) Allocation of Funds.--
``(1) In general.--Of the total amount appropriated to
carry out this section for a fiscal year, the Attorney General
shall allocate funds to each State in proportion to the total
number of law enforcement officers in the State as compared to
the total number of law enforcement officers in the United
States.
``(2) Training for state law enforcement officers.--Each
State may retain from the total amount of funds provided to the
State for the purposes described in this section an amount that
is not more than the amount that bears the same ratio to the
total amount of funds as the ratio of--
``(A) the total number of law enforcement officers
employed by the State; to
``(B) the total number of law enforcement officers
employed by the State and units of local government
within the State.
``(3) Training for local law enforcement officers.--A State
shall make available to units of local government in the State
for the purposes described in this section the amounts
remaining after a State retains funds under paragraph (2). At
the request of a unit of local government, the State may use an
amount of the funds allocated to the unit of local government
under this paragraph to facilitate training in alternatives to
use of force, de-escalation tactics, or techniques and
strategies for responding to a behavioral health crisis to law
enforcement officers employed by the unit of local government.
``(d) Reporting.--
``(1) Units of local government.--Any unit of local
government that receives funds from a State under subsection
(c)(3) shall submit to the State a report indicating--
``(A) the number of law enforcement officers that
have completed training described in this section;
``(B) the total number of law enforcement officers
employed by the unit of local government; and
``(C) any barriers to providing the training.
``(2) States.--Any State that receives funds under
subsection (c)(2) shall, after receiving the reports described
in paragraph (1), submit to the Attorney General--
``(A) such reports; and
``(B) a report by the State indicating--
``(i) the number of law enforcement
officers employed by the State that have
completed training described in this section;
``(ii) the total number of law enforcement
officers employed by the State; and
``(iii) any barriers to providing the
training.
``(e) Direct Appropriations.--For the purpose of making grants
under this section there is authorized to be appropriated, and there is
appropriated, out of amounts in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2020,
$250,000,000, to remain available until expended.''.
SEC. 4. TRAINING ON DUTY TO INTERVENE.
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.), as amended by
section 201, is amended by adding at the end the following:
``SEC. 510. TRAINING ON DUTY TO INTERVENE.
``(a) Training Program.--
``(1) In general.--The Attorney General, in consultation
with relevant law enforcement agencies of States and units of
local governments and organizations representing rank and file
law enforcement officers, shall develop a training curriculum
for law enforcement agencies and officers on the development,
implementation, fulfillment, and enforcement of a duty of a law
enforcement officer to intervene when another law enforcement
officer is engaged in excessive use of force.
``(2) Certified programs.--The Attorney General shall
establish a process to certify public and private entities that
offer courses on the duty to intervene that are equivalent to
the training curriculum established under paragraph (1).
``(3) Transitional regional training programs.--Until the
end of fiscal year 2023, the Attorney General shall provide
regional training workshops for law enforcement officers of
States and units of local government, using the training
curriculum established under paragraph (1).
``(4) List.--The Attorney General shall publish a list of
law enforcement agencies of States and units of local
government that employ officers who have successfully completed
a course described under paragraph (2) or (3), which shall
include the total number of law enforcement officers employed
by the agency and the number of officers who have completed the
course.
``(b) Grant Program.--
``(1) Authorization.--The Attorney General may make grants
to State and local law enforcement agencies to--
``(A) pay for costs associated with attendance by
law enforcement personnel at a training course approved
by the Attorney General under paragraph (2) or (3) of
subsection (a); and
``(B) procure training in the duty to intervene
from a public or private entity certified under
subsection (a)(2).
``(2) Application.--Each State or local law enforcement
agency seeking a grant under this subsection shall submit an
application to the Attorney General at such time, in such
manner, and containing such information as the Attorney General
may require.
``(c) Direct Appropriations.--For the purpose of making grants
under this section, there is authorized to be appropriated, and there
is appropriated, out of amounts in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2020,
$500,000,000, to remain available until expended.''.
SEC. 5. REAUTHORIZATION OF LAW ENFORCEMENT GRANT PROGRAMS.
(a) Edward Byrne Memorial Justice Assistance Grant Program.--
Section 511 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (Public Law 90-351; 82 Stat. 197), as so redesignated by
this Act, is amended by striking ``this subpart $1,095,000,000 for each
of the fiscal years 2006 through 2012'' and inserting ``this subpart,
including sections 508, 509, and 510, $800,000,000 for each of fiscal
years 2021 through 2025''.
(b) Reauthorization of COPS on the Beat Grant Program.--Section
1001(a)(11)(A) of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10261(a)(11)(A)) is amended by striking ``part
Q, to remain available until expended $1,047,119,000 for each of fiscal
years 2006 through 2009'' and inserting ``part Q, including section
1701(n), to remain available until expended $400,000,000 for each of
fiscal years 2021 through 2025''.
SEC. 6. EMERGENCY DESIGNATION.
(a) In General.--The amounts provided under this Act, or an
amendment made by this Act, are designated as an emergency requirement
pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 933(g)).
(b) Designation in Senate.--In the Senate, this Act, and the
amendments made by this Act, is designated as an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018.
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