Policing Reform Legislation: Conditions on
June 25, 2020March 2, 2021
Funding and New Authorizations
Nathan James
The death of George Floyd in Minneapolis, MN, while he was in the custody of law enforcement,
The death of George Floyd in Minneapolis, MN, while he was in the custody of law enforcement,
Analyst in Crime Policy
Analyst in Crime Policy
combined with several other recent high-profile deaths of African Americans at the hands of the
combined with several other recent high-profile deaths of African Americans at the hands of the
police, have generated congressional interest in legislation to reform state and local policing
police, have generated congressional interest in legislation to reform state and local policing
practices, and to require law enforcement agencies to collect more data on law enforcement practices, and to require law enforcement agencies to collect more data on law enforcement
actions and activities and share these data with the public.
actions and activities and share these data with the public.
Two pieces of legislation—theThe George Floyd Justice in Policing Act of 2020 (H.R. 7120 George Floyd Justice in Policing Act of 2020 (H.R. 7120
), and the Just and Unifying Solutions to Invigorate Communities Everywhere Act of 2020 (JUSTICE Act; S. 3985)—were introduced in June 2020. Both bills are omnibus measures, 116th Congress) was introduced and passed by the House in June 2020, but it was not taken up by the Senate. The legislation has been reintroduced in the current Congress as the George Floyd Justice in Policing Act of 2021 (JIPA, H.R. 1280). The legislation is an omnibus measure that would address a variety of policing reform topics and approaches. These include attempting that would address a variety of policing reform topics and approaches. These include attempting
to reform state and local policing practices through two means: placing conditions on existing Department of Justice (DOJ) to reform state and local policing practices through two means: placing conditions on existing Department of Justice (DOJ)
grant programs, such as the Edward Byrne Memorial Justice Assistance Grant (JAG) or Community Oriented Policing grant programs, such as the Edward Byrne Memorial Justice Assistance Grant (JAG) or Community Oriented Policing
Services (COPS) programs; and authorizing new grant programs. Services (COPS) programs; and authorizing new grant programs.
Some examples of conditions
Some examples of conditions
H.R. 7120 and S. 3985JIPA would place on existing DOJ grant programs include the following: would place on existing DOJ grant programs include the following:
H.R. 7120 would authorize grants to states and tribal governments to assist with implementing statutes that
provide for the independent investigation or prosecution of law enforcement officers who allegedly use deadly force. The bill would authorize $750 million each fiscal year from FY2020 to FY2022.
H.R. 7120 would prohibit federal law enforcement officers from seeking a no-knock warrant in drug cases.
State and local governments would not be eligible for COPS funding unless they have a law that similarly prohibits the use of no-knock warrants in drug cases.
S. 3985 would require state and local governments to submit data to the Federal Bureau of Investigation’s
(FBI’s) Use of Force Data Collection program. State and local governments that do not submit data to the FBI would be subject to a 20% penalty on their JAG allocation for the first year of noncompliance and up to a 25% penalty for each subsequent year of noncompliance.
S. 3985 would establish incentives for state and local law enforcement agencies to limit the use of
chokeholds. State and local governments would be ineligible for JAG or The bill would require federal, state, tribal, and local law enforcement agencies to report data to DOJ on
stops for traffic violations, pedestrian stops, frisks and body searches, and the use of deadly force by law enforcement officers. States that do not comply would be ineligible to receive funding under JAG or any other law enforcement assistance program (such as the COPS program) unless the state has ensured, to
DOJ’s satisfaction, that it and each local law enforcement agency within it is in substantial compliance with the requirements of the section.
The bill would make submitting records to the National Police Misconduct Registry, which would be
established by the legislation, a condition of receiving JAG funds.
The bill would prohibit federal law enforcement officers from seeking a no-knock warrant in drug cases.
State and local governments would not be eligible for COPS funding unless they have a law that similarly prohibits the use of no-knock warrants in drug casesCOPS funding unless they have a policy that prohibits the use of chokeholds by state and local law enforcement officers, respectively, except when deadly force is authorized. .
Some examples of new grant programs that would be authorized
Some examples of new grant programs that would be authorized
by H.R. 7120 and S. 3985 under JIPA include the following: include the following:
H.R. 7120The bill would authorize grants to states and tribal governments to assist with implementing statutes that would authorize grants to states and tribal governments to assist with implementing statutes that
provide for the independent prosecution of law enforcement officers who use deadly force. The bill would
provide for the independent prosecution of law enforcement officers who use deadly force. The bill would
authorize $750 million each fiscal year from authorize $750 million each fiscal year from
FY2020 to FY2022.
H.R. 7120FY2022 to FY2024.
The bill would authorize grants to states to conduct investigations of repeated civil rights violations by law
enforcement officers (also known as pattern and practice investigations). The bill would authorize $100 million each fiscal year from FY2022 to FY2024.
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Contents
Conditions on Department of Justice Grant Programs in H.R. 1280......................................... 1 Authorization of Appropriations in H.R. 1280 ..................................................................... 5
Tables
Table 1. Proposed Requirements and Conditions on DOJ Grant Programs in H.R. 1280 ............ 2 Table 2. New Authorizations in H.R. 1280 .......................................................................... 5 would authorize grants to states to conduct pattern and practice investigations. The bill would
authorize $100 million each fiscal year from FY2020 to FY2022.
S. 3985 would authorize DOJ to make grants to assist state and local governments with collecting data on
use of force and no-knock warrants. The bill would also appropriate $112 million for these grants, to remain available until expended.
S. 3985 would require DOJ to make grants to states for the purpose of providing training to law
enforcement officers on alternatives to use of force, on de-escalation tactics, or on techniques and strategies for responding to a behavioral health crisis. The bill would appropriate $50 million each fiscal year for these grants, to remain available until expended, from FY2021 to FY2025.
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Contents
Conditions on Department of Justice Grant Programs in H.R. 7120 and S. 3985 ....................... 2
Authorized and Appropriated Funding in H.R. 7120 and S. 3985 ............................................ 5
Tables
Table 1. Proposed Requirements and Conditions on DOJ Grant Programs in H.R. 7120
and S. 3985 ................................................................................................................. 2
Table 2. New Authorizations in H.R. 7120 and S. 3985 ......................................................... 6
Contacts
Author Information ......................................................................................................... 86
Congressional Research Service
Congressional Research Service
Policing Reform Legislation: Conditions on Funding and New Authorizations
he death of George Floyd in Minneapolis, MN, while in the custody of law enforcement
he death of George Floyd in Minneapolis, MN, while in the custody of law enforcement
in May 2020, , along with several other high-profile deaths of African Americans at the hands along with several other high-profile deaths of African Americans at the hands
of the
T
T of the police (including Eric Garner in Staten Island, NY; Philando Castile in Falcon police (including Eric Garner in Staten Island, NY; Philando Castile in Falcon
Heights, Heights,
MN; and MN; Breonna Taylor in Louisvil e,Breonna Taylor in Louisvil e,
KY), KY; and Daniel Prude in Rochester, NY), have served as the catalyst for protests against have served as the catalyst for protests against
police violence in cities across the country. These deaths police violence in cities across the country. These deaths
and the resulting protests have spurred and the resulting protests have spurred
interest in policing reform legislation in Congress. interest in policing reform legislation in Congress.
On June 8, 2020, Representative Karen Bass introduced the George Floyd Justice in Policing Act
On June 8, 2020, Representative Karen Bass introduced the George Floyd Justice in Policing Act
of 2020 (H.R. 7120)of 2020 (H.R. 7120)
. Ten days later, Senator Tim Scott introduced the Just and Unifying
Solutions to Invigorate Communities Everywhere Act of 2020 (JUSTICE Act; S. 3985). Both pieces of legislation are in the 116th Congress. The bil was passed by the House on June 25, 2020,
but it was not taken up by the Senate. On February 24, 2021, Representative Bass reintroduced the bil in the House as the George Floyd Justice in Policing Act of 2021 (JIPA, H.R. 1280). The legislation is an omnibus measures that would address a variety of policing reform topics, omnibus measures that would address a variety of policing reform topics,
such as requiring law enforcement agencies to submit data to the federal government on the use such as requiring law enforcement agencies to submit data to the federal government on the use
of force or no-knock warrants; of force; increasing the use of body-worn camera (BWCs); providing for increasing the use of body-worn camera (BWCs); providing for
the external, independent the external, independent
investigation and prosecution of law enforcement officers’ use of deadly force; banning prosecution of law enforcement officers’ use of deadly force; banning
chokeholds; and providing implicit-bias and de-escalation training to law enforcement officers. chokeholds; and providing implicit-bias and de-escalation training to law enforcement officers.
Both pieces of legislation The bil would use Congress’s power of the purse to reform state and local would use Congress’s power of the purse to reform state and local
policing practices through two means: (1) placing conditions on existing Department of Justice policing practices through two means: (1) placing conditions on existing Department of Justice
(DOJ) grant programs, such as the Edward Byrne Memorial Justice Assistance Grant (JAG) or (DOJ) grant programs, such as the Edward Byrne Memorial Justice Assistance Grant (JAG) or
Community Oriented Policing Services (COPS) programs, to incentivize state and local Community Oriented Policing Services (COPS) programs, to incentivize state and local
governments to adopt governments to adopt
certain policing reforms; and (2) authorizing new programs to assist state, certain policing reforms; and (2) authorizing new programs to assist state,
local, and tribal local, and tribal
governments with adopting such reforms. governments with adopting such reforms.
This report provides an overview of the new conditions that would be placed on existing grant
This report provides an overview of the new conditions that would be placed on existing grant
programs and the authorizations for new grant programs contained in programs and the authorizations for new grant programs contained in
both pieces of legislation.
JIPA. The report does not discuss provisions The report does not discuss provisions
of either bil that do not establish new requirements for that do not establish new requirements for
state and local governments or authorize new funding (e.g., proposals to make lynching a federal
crime or to make the use of chokeholds a federal civil rights violation).
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Do the New Requirements and Grants in H.R. 7120 and S. 3985
state and local governments (e.g., requirements for federal law enforcement officers to use BWCs or to have cameras in their patrol cars, or to make the use of chokeholds a federal civil rights violation) or do not authorize funding
for new grant programs.
Do the New Requirements and Grants in JIPA Apply to Indian Tribes?
In general, it appears that the requirements and grant programs under H.R.
In general, it appears that the requirements and grant programs under H.R.
71201280 would apply to Indian tribes. In would apply to Indian tribes. In
some cases, tribal governments are specifical y identified in the text of the bil . In other cases, requirements or some cases, tribal governments are specifical y identified in the text of the bil . In other cases, requirements or
grant programs apply to “units of local government,” and in the bil this term has the same meaning as it does in grant programs apply to “units of local government,” and in the bil this term has the same meaning as it does in
34 U.S.C. Section 10251, which includes Indian tribes34 U.S.C. Section 10251, which includes Indian tribes
with law enforcement responsibilities. with law enforcement responsibilities.
It is not always clear if the requirements that would be established by S. 3985 would apply to Indian tribes. For example, Section 105(b) of S. 3985 would amend the authorization for the Community Oriented Policing Services (COPS) program to make state and units of local government ineligible for funding under the program unless they have a policy that bans the use of chokeholds. Under the COPS authorization (34 U.S.C. §10381(a)), units of local government and tribal governments are identified as separate entities for the purposes of eligibility for grants. Section 105(b) would also make states and units of local government ineligible for funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) program unless they have the same prohibition in place. Under 34 U.S.C. Section 10251(a)(3), the definition of a “unit of local government” includes “an Indian Tribe that performs law enforcement functions, as determined by the Secretary of the Interior,” so in this case the condition appears to apply to Indian tribes. To avoid speculating about congressional intent, in Table 1 and Table 2 of this report identification of entities as being either subject to a requirement or eligible for a grant program is based on the language used in that specific section. Therefore, tribal governments are only identified when they are specifical y mentioned in the bil language.
Conditions on Department of Justice Grant
Programs in H.R. 7120 and S. 3985
Both H.R. 7120 and S. 3985 would attach new requirements and conditions to funding under the
JAG or COPS programs to provide an incentive for state and local law enforcement agencies to submit data on policing actions and activities and to adopt reforms to their policing practices.1 The proposed conditions general y take two forms: making state and local governments ineligible for funding under these programs unless they submit required data or adopt a particular reform, or authorizing DOJ to reduce funding under these programs if state and local governments do not
comply. Table 1 provides an overview of these conditions.
Table 1. Proposed Requirements and Conditions on DOJ Grant Programs
in H.R. 7120 and S. 3985
Proposed Requirement
Condition
H.R. 7210, the George Floyd Justice in Policing Act of 2020
Section 114(a) would require applicants under the JAG
JAG applicants would be required to use not less than
program to study and implement effective management,
5% of their al ocation for this purpose.
training, recruiting, hiring, and oversight standards and programs to promote effective community and problem solving strategies for law enforcement agencies.
1 For more information on the JAG program see CRS In Focus IF10691, The Edward Byrne Memorial Justice
Assistance Grant (JAG) Program . For more information on the COPS program, see CRS In Focus IF10922, Com m unity Oriented Policing Services (COPS) Program .
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Policing Reform Legislation: Conditions on Funding and New Authorizations
Proposed Requirement
ConditionHowever, there are some instances where Indian tribes are exempted from particular requirements.
Conditions on Department of Justice Grant Programs in H.R. 1280 H.R. 1280 would attach new requirements and conditions to funding under the JAG or COPS
programs to provide an incentive for state and local law enforcement agencies to submit data on policing actions and activities and to adopt reforms to their policing practices.1 The proposed conditions general y take two forms: making state and local governments ineligible for funding under these programs unless they submit required data or adopt a particular reform, or authorizing
1 For more information on the JAG program see CRS In Focus IF10691, The Edward Byrne Memorial Justice Assistance Grant (JAG) Program . For more information on the COPS program, see CRS In Focus IF10922, Com m unity Oriented Policing Services (COPS) Program .
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DOJ to reduce funding under these programs if state and local governments do not comply. Table
1 provides an overview of these conditions.
Table 1. Proposed Requirements and Conditions on DOJ Grant Programs
in H.R. 1280
Proposed Requirement
Condition
Section 103(d) prevents state and local governments
State or local governments that receive JAG or COPS
from entering into a contractual agreement, including a
funding cannot make any of these funds available to a
col ective bargaining agreement, that would prevent the
local law enforcement agency that enters into or
Attorney General from seeking or enforcing equitable
renews a prohibited contractual agreement. This
or declaratory relief against a law enforcement agency
requirement would go into effect at the beginning of
engaging in a pattern or practice of unconstitutional
the fiscal year that is one year after the date of
misconduct, or conflicts with any terms or conditions
enactment of the bil .
contained in a consent decree.a
Section 113 would require the Attorney General to
JAG applicants would be required to use not less than
analyze existing accreditation standards and, based on
5% of their al ocation to assist law enforcement
the results of this analysis, recommend the adoption of
agencies with gaining or maintaining accreditation from
national standards that wil result in greater
a certified law enforcement accreditation organization.
accountability for law enforcement agencies and place a
In addition, the bil would require the Attorney
focus on policing with a guardian mentality.b The
General, as appropriate and consistent with applicable
Attorney General’s recommendations would be
law, to al ocate discretionary DOJ grant funding only to
required to include standards related to (1) early
states or units of local government that require law
warning systems; (2) use of force procedures; (3)
enforcement agencies to gain and maintain
civilian review procedures; (4) traffic and pedestrian
accreditation from certified law enforcement
stop and search procedures; (5) data col ection and
accreditation organizations.
transparency; (6) administrative due process requirements; (7) video monitoring technology; (8) youth justice and school safety; and (9) recruitment, hiring, and training.
Section 114(a) would require applicants under the JAG
JAG applicants would be required to use not less than
program to study and implement effective management,
5% of their al ocation for this purpose.
training, recruiting, hiring, and oversight standards and programs to promote effective community and problem solving strategies for law enforcement agencies.
Section 118 would require federal, state, tribal, and
Section 118 would require federal, state, tribal, and
States that do not comply would be ineligible to receive
States that do not comply would be ineligible to receive
local law enforcement agencies to report data to DOJ
local law enforcement agencies to report data to DOJ
funding under JAG or any other law enforcement
funding under JAG or any other law enforcement
on stops for traffic violations, pedestrian stops, frisks
on stops for traffic violations, pedestrian stops, frisks
assistance program (such as the COPS program) unless
assistance program (such as the COPS program) unless
and body searches, and the use of deadly force by a law
and body searches, and the use of deadly force by a law
the state has ensured, to DOJ’s satisfaction, that it and
the state has ensured, to DOJ’s satisfaction, that it and
enforcement officer.
enforcement officer.
each local law enforcement agency within it is in
each local law enforcement agency within it is in
substantial compliance with the requirements of the substantial compliance with the requirements of the
section. section.
Section 201 would require states to submit disciplinary
Section 201 would require states to submit disciplinary
Submitting records would be a condition of receiving
Submitting records would be a condition of receiving
records to the National Police Misconduct Registry,
records to the National Police Misconduct Registry,
JAG funds. States would be required to submit records
JAG funds. States would be required to submit records
which would be established by the bil . DOJ would have
which would be established by the bil . DOJ would have
at the beginning of the first fiscal year that is one year
at the beginning of the first fiscal year that is one year
to establish the registry within 180 days of the
to establish the registry within 180 days of the
after the enactment of the bil , and every fiscal year
after the enactment of the bil , and every fiscal year
enactment of the bil .
enactment of the bil .
thereafter. States would be required to submit specified
thereafter. States would be required to submit specified
records every 180 days.records every 180 days.
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Policing Reform Legislation: Conditions on Funding and New Authorizations
Proposed Requirement
Condition
Section 202 would require states and units of local
Section 202 would require states and units of local
States and units of local government would be ineligible
States and units of local government would be ineligible
government, other than Indian tribes, to submit
government, other than Indian tribes, to submit
for funding under the JAG program unless they submit
for funding under the JAG program unless they submit
records to DOJ showing that their officers are certified
records to DOJ showing that their officers are certified
the required records. These records would be treated
the required records. These records would be treated
to work as law enforcement officers in the state. State
to work as law enforcement officers in the state. State
in the same manner as other records states are
in the same manner as other records states are
and local governments would also be required to
and local governments would also be required to
required to submit to the National Police Misconduct
required to submit to the National Police Misconduct
submit evidence to DOJ that they have a certification
submit evidence to DOJ that they have a certification
Registry. This requirement would go into effect at the
Registry. This requirement would go into effect at the
and decertification for purposes of employment as a
and decertification for purposes of employment as a
beginning of the fiscal year that is one year after the
beginning of the fiscal year that is one year after the
law enforcement officer in that state or unit of local
law enforcement officer in that state or unit of local
date of enactment of the bil .
date of enactment of the bil .
government that is consistent with the rules that DOJ
government that is consistent with the rules that DOJ
would be required to publish. would be required to publish.
Section 223 would require states and Indian tribes to
Section 223 would require states and Indian tribes to
States or Indian tribes that do not submit the required
States or Indian tribes that do not submit the required
submit reports to DOJ on the use of force by, and
submit reports to DOJ on the use of force by, and
reports would be subject to a penalty of up to 10% of
reports would be subject to a penalty of up to 10% of
against, law enforcement officers, including incidents
against, law enforcement officers, including incidents
their JAG award. This requirement would go into effect
their JAG award. This requirement would go into effect
where a law enforcement officer uses deadly force
where a law enforcement officer uses deadly force
at the beginning of the fiscal year that is one year after
at the beginning of the fiscal year that is one year after
against a civilian, incidents where a law enforcement
against a civilian, incidents where a law enforcement
the date of enactment of the bil .
the date of enactment of the bil .
officer shoots a civilian, incidents where a civilian
officer shoots a civilian, incidents where a civilian
shoots a law enforcement officer, incidents involving shoots a law enforcement officer, incidents involving
the death or arrest of a law enforcement officer, and the death or arrest of a law enforcement officer, and
any other incidents involving use of force by or against any other incidents involving use of force by or against
a law enforcement officer that is not included in one of a law enforcement officer that is not included in one of
the above instances; deaths in custody; and the above instances; deaths in custody; and
the use of force in arrests and arrests and
bookings. States and tribal governments would be bookings. States and tribal governments would be
required to establish a systemrequired to establish a system
and a set of policies to and a set of policies to
ensure that al use of force incidents are reported by ensure that al use of force incidents are reported by
local and tribal law local and tribal law
enforcement officersenforcement officers. States and Indian tribes would not be required to report any incidents under this section that they are already required to submit to DOJ under the Death in Custody Reporting Act (34 U.S.C. §12104(a)(2)). .
Section 331 would require that state and local
Section 331 would require that state and local
State and local governments or state or local law
State and local governments or state or local law
governments or state and local law enforcement
governments or state and local law enforcement
enforcement agencies that apply for funding under the
enforcement agencies that apply for funding under the
agencies have policies and procedures designed to
agencies have policies and procedures designed to
JAG and COPS programs
JAG and COPS programs
would be required to certify, with the exception of funding
eliminate racial profiling and show that they have
eliminate racial profiling and show that they have
for active shooter training, would be required to certify
eliminated any existing practices that permit or
that they have these policies in place. This requirement that they have these policies in place. This requirement
eliminated any existing practices that permit orencourage racial profiling. These policies would be
would go into effect 12 months after the date of
would go into effect 12 months after the date of
encourage racial profiling. These policies would berequired to include a prohibition on racial profiling,
enactment of the bil .
enactment of the bil .
required to include training on racial profiling, training on racial profiling,
and col ectioncol ection
of data on racial profiling required under of data on racial profiling required under
Section 341Section 341 of the bil , and participation in the administrative complaint procedure and independent audit program that meets the requirements of Section 332 of the bil . of the bil .
Section 332 would require that DOJ, within six months
Section 332 would require that DOJ, within six months
If DOJ determines that a recipient of a JAG or COPS
If DOJ determines that a recipient of a JAG or COPS
of enactment of the bil , issue regulations for the
of enactment of the bil , issue regulations for the
grant is not in compliance with the requirements of
grant is not in compliance with the requirements of
operation of administrative complaint procedures and
operation of administrative complaint procedures and
Section 331 or the regulations issued by DOJ under
Section 331 or the regulations issued by DOJ under
independent audit programs to ensure that such
independent audit programs to ensure that such
Section 332, DOJ would be required to withhold, in
Section 332, DOJ would be required to withhold, in
programs and procedures provide an appropriate
programs and procedures provide an appropriate
whole or in part, a grantee’s funds under the JAG and
whole or in part, a grantee’s funds under the JAG and
response to al egations of racial profiling by law
response to al egations of racial profiling by law
COPS programs
COPS programs
until the recipient complies., with the exception of funding for
enforcement agents or agencies.
enforcement agents or agencies.
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Proposed Requirement
Conditionactive shooter training programs, until the recipient complies.
Section 334 would require applicants under the JAG
Section 334 would require applicants under the JAG
JAG applicants would be required to use not less than
JAG applicants would be required to use not less than
program to develop and implement best practices to
program to develop and implement best practices to
10% of their al ocation under the program for this
10% of their al ocation under the program for this
eliminate racial profiling.
eliminate racial profiling.
purpose.
purpose.
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Policing Reform Legislation: Conditions on Funding and New Authorizations
Proposed Requirement
Condition
Section 361 would require DOJ to establish a training
Section 361 would require DOJ to establish a training
State and units of local government would not be
State and units of local government would not be
program for law enforcement officers on racial
program for law enforcement officers on racial
eligible for JAG funding unless they require their law
eligible for JAG funding unless they require their law
profiling, implicit bias, and procedural justice; establish a enforcement officers to undergo the training DOJ
profiling, implicit bias, and procedural justice; establish a enforcement officers to undergo the training DOJ
clear duty for federal law enforcement officers to clear duty for federal law enforcement officers to
establishes under Section 361. This requirement would
establishes under Section 361. This requirement would
intervene in cases where another law enforcement
intervene in cases where another law enforcement
go into effect at the beginning of the fiscal year that is
go into effect at the beginning of the fiscal year that is
officer is using excessive force against a civilian; and
officer is using excessive force against a civilian; and
one year after the date of enactment of the bil .
one year after the date of enactment of the bil .
establish a training program that covers the duty to
establish a training program that covers the duty to
intervene. intervene.
Section 362 would prohibit federal law enforcement
Section 362 would prohibit federal law enforcement
State and units of local government would not be
State and units of local government would not be
officers from seeking a no-knock warrant in drug cases.
officers from seeking a no-knock warrant in drug cases.
eligible for COPS funding unless they have a law that
eligible for COPS funding unless they have a law that
prohibits the use of no-knock warrants in drug cases. prohibits the use of no-knock warrants in drug cases.
This requirement would go into effect at the beginning This requirement would go into effect at the beginning
of the fiscal year that is one year after the date of of the fiscal year that is one year after the date of
enactment of the bil . enactment of the bil .
Section 363 would seek to ban the use of chokeholds
Section 363 would seek to ban the use of chokeholds
State and units of local government would not be
State and units of local government would not be
or carotid holds by state and local law enforcement
or carotid holds by state and local law enforcement
eligible for JAG or COPS funding unless they have a law
eligible for JAG or COPS funding unless they have a law
officers.
officers.
that prohibits the use of chokeholds or carotid holds by
that prohibits the use of chokeholds or carotid holds by
state and local law enforcement officers. This state and local law enforcement officers. This
requirement would go into effect at the beginning of requirement would go into effect at the beginning of
the fiscal year that is one year after the date of the fiscal year that is one year after the date of
enactment of the bil . enactment of the bil .
Section 364 would establish new standards for the use
Section 364 would establish new standards for the use
States and units of local government, other than an
States and units of local government, other than an
of force by federal law enforcement officers so that the
of force by federal law enforcement officers so that the
Indian tribe, would not be eligible to receive funds
Indian tribe, would not be eligible to receive funds
use of less-than-lethal force is necessary and
use of less-than-lethal force is necessary and
under the JAG program unless they have a law that is
under the JAG program unless they have a law that is
proportionate to effect an arrest. When deadly force
proportionate to effect an arrest. When deadly force
consistent with the standards that would be established
consistent with the standards that would be established
must be used, other alternatives to the use of force
must be used, other alternatives to the use of force
by Section 364. States and units of local government
by Section 364. States and units of local government
have been exhausted and the use of deadly force is a
have been exhausted and the use of deadly force is a
would be eligible to receive withheld JAG funds (for up
would be eligible to receive withheld JAG funds (for up
measure of last resort and used only to prevent
measure of last resort and used only to prevent
to five prior fiscal years) if they enact a law consistent
to five prior fiscal years) if they enact a law consistent
imminent serious bodily injury to the officer or another
imminent serious bodily injury to the officer or another
with the standards of Section 364 and demonstrate
with the standards of Section 364 and demonstrate
person and where its use poses no risk to a third party.
person and where its use poses no risk to a third party.
substantial efforts to enforce the law. This requirement
substantial efforts to enforce the law. This requirement
Federal law enforcement officers would also beWhen feasible, prior to using force, federal law
would go into effect at the beginning of the fiscal year
would go into effect at the beginning of the fiscal year
required to give a suspect a verbal warning that theenforcement officers would also be required to identify
that is one year after the date of enactment of the bil .
that is one year after the date of enactment of the bil .
themselves as federal law enforcement officers, issue a verbal warning that they intend to apprehend the suspect, give a suspect a verbal warning that the officer wil use force if the suspect resists arrest or officer wil use force if the suspect resists arrest or
fleesflees
, and give the suspect a chance to surrender. and give the suspect a chance to surrender.
Section 382 would require applicants under the JAG
Section 382 would require applicants under the JAG
JAG applicants would be required to use not less than
JAG applicants would be required to use not less than
program to establish
program to establish
body-worn camera (BWC)BWC programs. Applicants would
5% of their al ocation for this purpose.
be required to use set-aside funds for purchasing or leasing BWCs, expenses related to implementing a BWC program, and implementing policies or procedures related to the effective implementation and operation of a BWC program.
Source: CRS analysis of H.R. 1280, as introduced in the 117th Congress. a. For more information on consent decrees, see CRS Legal Sidebar LSB10494, Reforming Patterns of
Unconstitutional Policing: Enforcement of 34 U.S.C. § 12601.
b. For more information on the guardian mentality in law enforcement, see Sue Rahr and Stephen K. Rice, From
Warriors to Guardians: Recommitting American Police Culture to Democratic Ideals, April 2015, https://www.ojp.gov/pdffiles1/nij/248654.pdf.
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link to page 8 link to page 8 Policing Reform Legislation: Conditions on Funding and New Authorizations
Authorization of Appropriations in H.R. 1280 H.R. 1280 would authorize new grant programs to help promote policing reforms. In addition to authorizing new grant programs, the legislation
5% of their al ocation for this purpose.
programs.
S. 3985, the JUSTICE Act
Section 101 would require state and local governments
State and local governments that do not submit data to
to submit data to the Federal Bureau of Investigation’s
the FBI’s Use of Force Data Col ection program would
(FBI’s) Use of Force Data Col ection program.a
be subject to a 20% penalty on their JAG al ocation for the first year of noncompliance and up to a 25% penalty for each subsequent year of noncompliance. This requirement would go into effect at the beginning of the fiscal year after the date of enactment of the bil .
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link to page 9 link to page 8 link to page 9 Policing Reform Legislation: Conditions on Funding and New Authorizations
Proposed Requirement
Condition
Section 102 would require state and local governments
State and local governments that do not submit the
to submit an annual report to DOJ on the use of no-
required annual report would be subject to a 20%
knock warrants by law enforcement agencies. States
penalty on their JAG al ocation for the first year of
would be required to submit the first report no later
noncompliance and up to a 25% penalty for each
than January 31 of the first year after the enactment of
subsequent year of noncompliance. This penalty would
the bil , and each year thereafter.
take effect after the third year after the date of enactment of the bil .
Section 105 would establish incentives for state and
State and local governments would not be eligible for
local law enforcement agencies to limit the use of
JAG or COPS funding unless they have a policy that
chokeholds by officers.
prohibits the use of chokeholds by state and local law enforcement officers except when deadly force is authorized. This requirement would go into effect at the beginning of the fiscal year after the date of enactment of the bil .
Section 202 would establish penalties for states and
Potential penalties would apply to grants awarded
“other entities” that do not have policies in place for
under the BWC program that would be authorized by
the discipline of a law enforcement officer who does
Section 201 (see Table 2) of the bil and any other
not ensure that a federal y funded BWC is engaged,
program that provides funding for purchasing BWCs.
functional, and properly secured at al times during
State and local governments that do not have the
which the camera is required to be worn.
required policy in effect would be subject to a 20% penalty under these programs for the first year of noncompliance and up to a 25% penalty for each subsequent year of noncompliance.
Section 301 would require states and units of local
States and units of local government that do not meet
government that receive funding under Part E of Title I
the disciplinary records requirements would be
of the Omnibus Crime Control and Safe Streets Act
ineligible for JAG funding.b
(Bureau of Justice Assistance Grants) to maintain a system for sharing disciplinary records of law enforcement officers.
Source: CRS analysis of H.R. 7120 and S. 3985 a. For more information on the FBI’s Use of Force Data Col ection program, see https://www.fbi.gov/services/
cjis/ucr/use-of-force.
b. S. 3985 would also make state and local governments ineligible for grants under Chapter B, Subpart 2, Part
E, Title I of the Omnibus Crime Control and Safe Streets Act, but these grants are not regularly funded by Congress.
Authorized and Appropriated Funding in H.R. 7120
and S. 3985
Both H.R. 7120 and S. 3985 would authorize new grant programs to help promote policing reforms, for purposes such as conducting external, independent investigations or prosecutions of law enforcement officers who al egedly use deadly force, helping law enforcement agencies purchase BWCs, or assisting state and local law enforcement agencies with collecting data that
would be required under each bil . In addition to authorizing new grant programs, both bil s would authorize funding for DOJ to provide training and technical assistance to state and local would authorize funding for DOJ to provide training and technical assistance to state and local
governments on how to implement the governments on how to implement the
requirements of the legislation. New authorizations ofrequirements of the legislation, and S. 3985 would authorize funding for a National Criminal Justice Commission. A key difference between the two bil s is that H.R. 7120 would authorize appropriations for several new programs, while S. 3985
would both authorize new programs and appropriate funding for them. The new authorizations
and appropriations that would be provided by the bil s appropriations that would be provided by
the bil are outlined in Table 2.
are outlined in Table 2.
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Policing Reform Legislation: Conditions on Funding and New Authorizations
Table 2. New Authorizations in H.R. 7120 and S. 39851280
Program
Authorization/Appropriation
H.R. 7210, the George Floyd Justice in Policing Act of 2020
Section 103(b) would authorize grants for states to Section 103(b) would authorize grants for states to
The bil would authorize $100 mil ion each fiscal year
The bil would authorize $100 mil ion each fiscal year
conduct pattern and practice investigations
conduct pattern and practice investigations
..a
from
from
FY2021 to FY2023FY2022 to FY2024. .
Section 104 would authorize grants to states and tribal
Section 104 would authorize grants to states and tribal
The bil would authorize $750 mil ion each fiscal year
The bil would authorize $750 mil ion each fiscal year
governments to assist with implementing statutes that
governments to assist with implementing statutes that
from
from
FY2021 to FY2023FY2022 to FY2024. .
provide for the independent
provide for the independent
criminal investigation or investigation or
prosecution of law enforcement officers who al egedly prosecution of law enforcement officers who al egedly
use deadly forceused force that resulted in death or injury. .
Section 114(b) would authorize grants to community-
Section 114(b) would authorize grants to community-
The bil would authorize $25 mil ion for
The bil would authorize $25 mil ion for
FY2021FY2022.
based organizations to study and implement effective management, training, recruiting, hiring, and oversight standards and programs to promote effective community and problem solving strategies for law enforcement agencies; or effective strategies and solutions to public safety, including strategies that do not rely on law enforcement responses.
based organizations to promote effective community and problem solving strategies for law enforcement agencies, or effective strategies and solutions for public safety, including strategies that do not rely on responses from law enforcement agencies.
Section 116 would authorize additional funding for
The bil would authorize $25 mil ion for FY2021 for
DOJ’s pattern and practice and civil rights investigations
pattern and practice and civil rights investigations and
as wel as the Community Relations Service (CRS).
$3 mil ion for CRS.
Section 117 would create a task force at DOJ to
The bil would authorize $5 mil ion each fiscal year.
coordinate the process of detection and referral of complaints regarding incidents of al eged law enforcement misconduct. .
Section 224 would authorize DOJ to make training and
Section 224 would authorize DOJ to make training and
The bil would authorize such sums as necessary for
The bil would authorize such sums as necessary for
technical assistance grants to assist tribal and local law
technical assistance grants to assist tribal and local law
these purposes.
these purposes.
enforcement agencies that employ fewer than 100
enforcement agencies that employ fewer than 100
officers with meeting officers with meeting
the use of force data reporting use of force data reporting
requirementsrequirements
; under Section 223 or creating a systemcreating a system
that tracks use of force that tracks use of force
complaints against officers; creating public awareness campaigns designed to gain information from the public on use of force by or against law enforcement officers; and providing training on de-escalation, implicit bias, crisis intervention techniques, and adolescent development. complaints against officers. Section 225 would require DOJ to audit states to determine whether they are complying with use of force data submission requirements.
Section 333 would authorize a demonstration grant
Section 333 would authorize a demonstration grant
The bil would authorize $5 mil ion for a two-year
The bil would authorize $5 mil ion for a two-year
program for DOJ to fund data col ection programs on
program for DOJ to fund data col ection programs on
period for the program and $500,000 for the
period for the program and $500,000 for the
the hit rates (i.e., when contraband is found) for stops
the hit rates (i.e., when contraband is found) for stops
evaluation.
evaluation.
and searches by law enforcement agencies. DOJ can
and searches by law enforcement agencies. DOJ can
award up to five grants to law enforcement agencies award up to five grants to law enforcement agencies
that serve communities where there is a significant that serve communities where there is a significant
concentration of racial or ethnic minorities and that are concentration of racial or ethnic minorities and that are
not already col ecting data voluntarily. DOJ would be not already col ecting data voluntarily. DOJ would be
required to enter into a contract with an institution of required to enter into a contract with an institution of
higher education to analyze the data col ected through higher education to analyze the data col ected through
the funded program. the funded program.
Section 335 would authorize funding for DOJ to carry
The bil would authorize such sums as necessary for
out the requirements related to programs to end racial
these purposes.
profiling by state and local law enforcement in Part III, Subtitle A, Title III of the bil .
S. 3985, the JUSTICE Act
Section 104 would authorize DOJ to make grants to
The bil would appropriate $112 mil ion to remain
assist state and units of local government with
available until expended.
col ecting data on use of force (Section 101) and no-knock warrants (Section 102).
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Policing Reform Legislation: Conditions on Funding and New Authorizations
Program
Authorization/Appropriation
Section 201 would authorize DOJ to make grants to
The bil would appropriate $100 mil ion each fiscal year,
state, local, and tribal governments to help law
to remain available until expended, for FY2021 to
enforcement agencies establish BWC programs.
FY2025.
Section 301 would authorize DOJ to make grants to
The bil would appropriate $100 mil ion to remain
states to help states and their units of local government
available until expended.
develop systems for sharing disciplinary records of law enforcement officers.
Section 601(b) would require DOJ to develop a training The bil would appropriate $20 mil ion each fiscal year, program for law enforcement officers on alternatives to to remain available until expended, for FY2021 to the use of force, on de-escalation techniques, and on
FY2025 for these purposes.
strategies for safely responding to people suffering from mental health crises. DOJ would be required to develop a process for certifying programs that offer this training. DOJ would also be required to provide regional “train the trainer” programs through the end of FY2023.
Section 601(c) would require DOJ to make grants to
The bil would appropriate $50 mil ion each fiscal year,
states for the purpose of providing training to law
to remain available until expended, for FY2021 to
enforcement officers on alternatives to use of force, on
FY2025.
de-escalation tactics, or on techniques and strategies for responding to a behavioral health crisis.
Section 602 would require DOJ to develop training for
The bil would appropriate $100 mil ion each fiscal year,
law enforcement agencies and officers on the
to remain available until expended, for FY2021 to
development, implementation, fulfil ment, and
FY2025.
enforcement of the duty of a law enforcement officer to intervene when another law enforcement officer is engaged in excessive use of force. DOJ would be required to develop a process for certifying programs that offer the training. DOJ would also be required to provide regional “train the trainer” programs until the end of FY2023. This section would authorize DOJ to make grants to state and local law enforcement agencies to pay for officers to attend duty-to-intervene training.
Title VII of would establish a National Criminal Justice
The bil would appropriate $7 mil ion each fiscal year
Commission, which would be tasked with undertaking a for FY2021 and FY2022 to fund the commission’s comprehensive review of the criminal justice system,
operations.
submitting recommendations to the President and Congress regarding federal criminal justice reform, and disseminating its findings and supplemental guidance to al levels of government.
Section 802(a) would extend the authorization of
The bil would extend the authorization of
appropriations for the JAG program.
appropriations at $800 mil ion each fiscal year for FY2021 to FY2025.
Section 802(b) would extend the authorization of
The bil would extend the authorization of
appropriations for the COPS program.
appropriations at $400 mil ion each fiscal year for FY2021 to FY2025.
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link to page 11 Source: CRS analysis of H.R. 1280, as introduced in the 117th Congress. a. For more information on pattern and practice investigations, see CRS Legal Sidebar LSB10494, Reforming
Patterns of Unconstitutional Policing: Enforcement of 34 U.S.C. § 12601.
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Policing Reform Legislation: Conditions on Funding and New Authorizations
Author Information
Nathan James
Analyst in Crime Policy Policing Reform Legislation: Conditions on Funding and New Authorizations
Program
Authorization/Appropriation
Section 812 would require the Director of the National The bil would appropriate $2 mil ion each fiscal year, Museum of African American History and Culture to
to remain available until expended, for FY2021 to
develop and disseminate a program to train federal,
FY2025 for this training.
state, and local law enforcement officers or recruits on the history of racism in the United States. The director would also be required to conduct education programs for law enforcement officers and recruits that focuses on racial reconciliation, with the goals of understanding the history of racism in the United States, improving relationships between law enforcement and the communities they serve, and training law enforcement officers who can effectively train their peers on these topics.
Section 1002 would authorize DOJ to make grants to
The bil would appropriate $5 mil ion each fiscal year,
states that have laws that make it a criminal offense for
to remain available until expended, for FY2021 to
any person acting under color of law of the state to
FY2025.
engage in a sexual act (as defined at 18 U.S.C. § 2246) with an individual who has been arrested by, is detained by, or is in custody of any law enforcement officer; and prohibits a person charged with such an offense from asserting the consent of the other individual as a defense. Grants must be used for the same purposes as formula grants under the STOP Violence Against Women and the Sexual Assault Services programs.a
Source: CRS analysis of H.R. 7120 and S. 3985. a. For more information on the STOP Violence Against Women and the Sexual Assault Services programs,
see CRS Report R45410, The Violence Against Women Act (VAWA): Historical Overview, Funding, and
Reauthorization.
Author Information
Nathan James
Analyst in Crime Policy
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Policing Reform Legislation: Conditions on Funding and New Authorizations
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