Sec. 7. Edward Byrne Memorial Justice Assistance Grants
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Subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ) is amended by adding at the end the following: In this section— the term covered funds means funds provided under this subpart; the term law enforcement agency — means an agency or entity with law enforcement officers— who have arrest and apprehension authority; and whose primary function is to enforce the laws; includes a local educational agency with officers described in subparagraph (A); and does not include a firefighting agency or entity; the term local educational agency has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7713(9) ); the term prohibited item means an item that the Attorney General determines under subsection (b)(1) may not be purchased by a law enforcement agency using covered funds; the term special justice item means an item that the Attorney General determines under subsection (b)(1) is not generally issued to a law enforcement patrol officer but is suitable for certain uses by law enforcement officers in engagements with individuals who are not law enforcement officers; the term SWAT team means a Special Weapons and Tactics team or other specialized tactical team composed of sworn law enforcement officers; and the term tactical military vehicle means an armored vehicle having military characteristics resulting from military research and development processes, designed primarily for use by forces in the field in direct connection with, or support of, combat or tactical operations.
The Attorney General, in consultation with the task force appointed under section 4 of the Protecting Communities and Police Act of 2015 , shall— not later than 3 years after the date of enactment of the Protecting Communities and Police Act of 2015 , create— a list of prohibited items; and a list of special justice items; and review and revise each list created under clause
(i)not less often than once every 5 years. The Attorney General shall place each of the following items on the list of prohibited items or the list of special justice items: Weapons over .50 caliber. Tactical military vehicles. Other tactical military equipment. Tactical law enforcement ballistic protection equipment other than ballistic vests, including ballistic helmets, ballistic shields, battle dress uniforms, and camouflage uniforms and clothing. Grenades, flash bang grenades, grenade launchers, and grenade launcher attachments. The Attorney General shall publish each list created under subparagraph
(A)on the website of the Department of Justice and in the Federal Register. Except as provided in subparagraph (B), a law enforcement agency may not use covered funds to purchase a prohibited item or receive a prohibited item that was purchased using covered funds. A law enforcement agency may purchase a prohibited item using covered funds, or receive a prohibited item that was purchased using covered funds, if— the Attorney General determines that the prohibited item will be useful in preventing or mitigating damage resulting from a threat to national security; the law enforcement agency has in place an agreement with the National Guard of the State in which the law enforcement agency is located for the storage of the restricted item at a National Guard site; and the law enforcement provides a copy of the agreement described in subclause
(II)to the Attorney General. If a threat to national security justifies the purchase of a prohibited item under clause (i), the Attorney General shall publish an updated list of prohibited items or special justice items, as appropriate, under paragraph (1)(C) as soon as practicable. The Attorney General may prescribe regulations that place restrictions and limitations on special justice items that may be purchased by law enforcement agencies using covered funds, based on the appropriateness of the use of the items in law enforcement activities. The regulations prescribed by the Attorney General under subparagraph
(A)may include the following: Tiers of eligibility of law enforcement agencies to purchase special justice items using covered funds based on need of law enforcement agencies for particular items, size and capabilities of law enforcement agencies, or such other factors as the Attorney General may specify in the regulations. Restrictions on the numbers or types of special justice items that may be purchased by a particular law enforcement agency using covered funds, within a particular period of time, to law enforcement agencies in a particular region, or such other factors as the Attorney General may specify in regulations. Restrictions on the use of particular special justice items by law enforcement agencies purchased using covered funds based on size, capability, or such other factors the Attorney General may specify in the regulations. Requirements for memoranda of understanding or other appropriate agreements in the case of joint use of special justice items, purchased using covered funds, by more than 1 law enforcement agency. A law enforcement agency may not receive or use covered funds to purchase a special justice item unless the law enforcement agency— except as provided in subparagraph (B), publishes a needs justification statement— on its website, on the website of its governing body, or in a manner and location in which the needs justification statement can be easily viewed by the residents in the area in which the law enforcement agency has jurisdiction; that, except as provided in subclause (III), includes the information required under subparagraph (C); and from which the law enforcement agency may redact— the information required under clause
(x)or
(xi)of subparagraph (C); and with respect to the training records required under clause (vi), any personally identifiable information and all but the title and subject of such training courses; obtains the approval of the head of the State, political subdivision of a State, or Indian tribe of which the law enforcement agency is an agency before requesting the covered funds; and submits the needs justification statement, including all information required under subparagraph (C), to the entity from which the law enforcement agency is to receive the covered funds. The requirements under subparagraph (A)(i) shall not apply to a law enforcement agency that receives or uses covered funds to purchase a special justice item to be used in an active, ongoing counterterrorism or undercover operation. A needs justification statement of a law enforcement agency shall include the following: The number and type of special justice items proposed to be purchased. The number of sworn, full-time law enforcement officers of the law enforcement agency. The number, if any, of items similar to the special justice item that the law enforcement agency has in good working condition. The number and type of items, if any, that the law enforcement agency has that were— transferred to the law enforcement agency under section 2576a of title 10, United States Code; or purchased using funds from— the Urban Area Security Initiative authorized under section 2003 of the Homeland Security Act of 2002 ( 6 U.S.C. 604 ); or the State Homeland Security Grant Program authorized under section 2004 of the Homeland Security Act of 2002 ( 6 U.S.C. 605 ) during the 5-year period preceding the date on which the statement is published. The use of force policy of the law enforcement agency. Whether the law enforcement agency intends to have a SWAT team use the special justice item and, if so, the training records of the SWAT team, including the course outlines of such training. Whether the law enforcement agency has or plans to adopt a memorandum of understanding or other joint use agreement for the shared use of the special justice item with any other law enforcement agency. The capability gap to be filled by the special justice item, and a description of the proposed use of the special justice item by the law enforcement agency. Whether a consent decree is in effect between the United States and the law enforcement agency relating to civil rights abuses or excessive use of force. Whether the law enforcement agency is currently under investigation, or has been under investigation during the preceding 10 years, by the Department of Justice, an inspector general, or any equivalent State or local entity for civil rights abuses or excessive use of force. Whether the head of the law enforcement agency has ever been determined by the Department of Justice, an inspector general, or any equivalent State or local entity to have engaged in civil rights abuses or excessive use of force, if such information is publicly available. Whether the law enforcement agency requested funds from a regional, State, or local political entity to purchase the requested item; if the law enforcement agency requested funds from a regional, State, or local political entity and the request was denied, a statement of the reason or reasons for the denial; and if the law enforcement agency did not request funds from a regional, State, or local political entity, a statement explaining why the law enforcement agency did not do so. A certification that any item purchased using covered funds has not been, and will not be, used by a SWAT team of the law enforcement agency engaging in routine patrol-related incidents, non-tactical incidents, or non-tactical assignments. Any other information on the recent record of the law enforcement agency regarding civil rights and the excessive use of force that the Attorney General determines appropriate. A law enforcement agency with 10 or fewer sworn law enforcement officers— that has 1 or more functioning tactical military vehicles may not use covered funds to purchase a tactical military vehicle; that does not have a functioning tactical military vehicle may use covered funds to purchase not more than 1 tactical military vehicle; or that is the designated procurement agency for a multi-jurisdictional joint-use agreement may use covered funds for the purchase of more than 1 tactical military vehicle, or receive more than 1 tactical military vehicle purchased using covered funds, if the agency purchases or receives not more than 1 tactical military vehicle for every 10 sworn law enforcement officers covered by the joint-use agreement. A special justice item purchased using covered funds may not be used by— a SWAT team composed of fewer than 17 sworn law enforcement officers; a SWAT team composed entirely of members from a single law enforcement agency that has fewer than 35 sworn law enforcement officers; or a SWAT team composed of members from 2 or more law enforcement agencies which agencies have, in aggregate, fewer than 35 sworn law enforcement officers. A local educational agency, or a law enforcement agency affiliated with a local education agency, may not use covered funds to purchase a tactical military vehicle if— the local educational agency is served by a law enforcement agency that— is unaffiliated with the local education agency; and has a tactical military vehicle; or the local educational agency is served by 1 or more law enforcement agencies that are unaffiliated with the local education agency and no such serving agency will agree to store and maintain the tactical military vehicle for the local educational agency. A local educational agency that purchases a tactical military vehicle using covered funds may not use funds of the local educational agency— to transport the tactical military vehicle to the district of the local educational agency; or to maintain the tactical military vehicle. A law enforcement agency may only use funding provided under this subpart to purchase camouflage uniforms or clothing if the camouflage uniforms or clothing are for use by a SWAT team that demonstrates a legitimate geographic or environmental need for camouflage uniforms or clothing based on the physical environment in which the SWAT team operates. The Attorney General may not delegate the authority to approve an application for a grant under this subpart if the application proposes to use funds for the purchase of an item specified in subparagraph (B). The items specified in this subparagraph are the following: Weapons over .50 caliber. Grenades, flash bang grenades, grenade launchers, and grenade launcher attachments. Tactical military vehicles. A law enforcement agency for which a consent decree is in effect between the United States and the law enforcement agency, or that is under investigation by the Department of Justice, relating to civil rights abuses or excessive use of force, may not use covered funds to purchase any weapon or tactical military vehicle without the approval of the Department of Justice. In considering requests for covered funds that are intended to be used by or for a law enforcement agency described in subparagraph (A), the Attorney General shall prioritize any such requests that relate to funding for equipment, training, and activities related to community policing efforts. No covered funds may be used to pay the cost of transporting an eligible defense item transferred to a law enforcement agency under section 2576a of title 10, United States Code. On and after the date that is 3 years after the date of enactment of the Protecting Communities and Police Act of 2015 , a State, and any law enforcement agency of or in the State, may not receive or use covered funds to purchase a special justice item unless the chief executive of the State certifies to the Attorney General that the State conducts a program for certifying law enforcement instructors in the provision of training that meets the requirements under subparagraph (B). The requirements for a program described in subparagraph
(A)are the following: The program shall include instruction in training on the following: The use of force by law enforcement officers in the ordinary course of their duties. The use of special justice items by law enforcement officers in the ordinary course of their duties. The use of special justice items by SWAT teams. The appropriate deployment of SWAT teams. Civil rights and civil liberties. Any other matters on the training of law enforcement officers that the head of the State law enforcement agency considers appropriate. A list of the instructors who are certified pursuant to the program or pursuant to the program conducted by the Secretary of Homeland Security under section 2010 of the Homeland Security Act of 2002 shall be maintained and published. A State may satisfy the requirement under subparagraph
(A)using a program in effect on the date that is 3 years after the date of the enactment of the Protecting Communities and Police Act of 2015 if such program satisfies the requirements in subparagraph (B). On and after the date that is 3 years after the date of enactment of the Protecting Communities and Police Act of 2015 , a State, and a unit of local government within the State, may not receive covered funds unless the State establishes minimum annual training requirements for all law enforcement officers in the State, including— specialized leadership training requirements for chiefs of police or other department heads who have— decisionmaking authority on the deployment of SWAT teams and tactical military vehicles; or responsibility for drafting policies on the use of force and SWAT team deployment; specialized SWAT team training requirements for all SWAT team members; training in appropriate crowd-control tactics; and not less than 1 training session on sensitivity, including training on ethnic and racial bias, cultural diversity, and law enforcement interaction with disabled individuals, mentally ill individuals, and new immigrants. The training requirements established by a State under subparagraph
(A)may only be satisfied through training conducted by an instructor certified under— a program conducted by the Secretary of Homeland Security under section 2010 of the Homeland Security Act of 2002; or a program conducted by a State under paragraph (1). On and after the date that is 1 year after the date on which a program is established under paragraph (1), a law enforcement agency may not receive covered funds unless the law enforcement agency certifies to the Attorney General that each sworn law enforcement officer employed by the law enforcement agency has met all applicable minimum annual training requirements established by the State in which the law enforcement agency is located under subparagraph
(A)of this paragraph. The Attorney General shall suspend or terminate the eligibility of a law enforcement agency to receive covered funds if the law enforcement agency intentionally submits a false certification under subparagraph
(C)that a law enforcement officer has met the minimum annual training requirements established by the State in which the law enforcement agency is located under subparagraph (A). The requirements under subparagraph
(A)shall provide for the first completion of the training concerned by an individual who becomes an officer in a law enforcement agency or becomes a member of a SWAT team by not later than 1 year after the date on which the individual becomes an officer in the law enforcement agency or becomes a member of a SWAT team, as applicable. On and after the date that is 2 years after the date of enactment of the Protecting Communities and Police Act of 2015 , the Attorney General shall publish, periodically review, distribute to each State or unit of local government that applies for a grant under this subpart, and require each such State or unit of local government to distribute to each organization or unit of local government with respect to which the State or unit of local government enters into a contract or makes a subaward under section 501(b), best practices for— training law enforcement officers and the use of lethal and non-lethal force by law enforcement officers; training, use, and deployment of SWAT teams; and community-oriented police efforts. On and after the date that is 2 years after the date of enactment of the Protecting Communities and Police Act of 2015 , if the Attorney General has not published the best practices required under subparagraph (A), the Attorney General shall provide quarterly updates to Congress on the reason for the delay in publication and the expected date of publication. A law enforcement agency that receives covered funds shall maintain a record of each deployment of a SWAT team by the law enforcement agency, which shall include— the type of police activity for which the SWAT team is deployed; the rationale for the deployment; the nexus between— the use of force policy and SWAT team policy of the law enforcement agency; and the police activity for which the SWAT team is deployed; and a description, written after the deployment, of whether force or weapons were used by or against the law enforcement officers serving on the SWAT team. A law enforcement agency that purchases equipment using covered funds shall submit to the Attorney General a report describing the quantity and type of equipment purchased. The Attorney General shall publish and submit to Congress, the Secretary of Defense, and the Secretary of Homeland Security an annual report on special justice items that includes, with respect to the preceding year— the number and type of special justice items purchased using covered funds; and an appendix describing— each law enforcement agency that used covered funds to purchase a special justice item; the number of each special justice item described in subclause
(I)purchased by each law enforcement agency; and a summary of the needs justification statement submitted under subsection (c)(1)(A)(i) by each law enforcement agency described in subclause
(I)of this clause. The Attorney General shall collect and publish data on crime rates over time for each jurisdiction in which a law enforcement agency receives covered funds. The Attorney General shall conduct periodic surveys on the use of materials published by the Attorney General in print and online relating to local law enforcement training and the use of force, including lethal and non-lethal force. On or after the date that is 3 years after the date of enactment of the Protecting Communities and Police Act of 2015 , a State or unit of local government of a State may not receive covered funds unless the chief executive of the State certifies to the Attorney General that the State— has in place— a program, including a public complaint hotline, that provides individuals the ability to disclose any— misuse of equipment purchased using covered funds; or other waste, fraud, or abuse in connection with the use of covered funds; and mechanisms (commonly referred to as whistleblower protections ) to protect individuals who make a disclosure described in clause
(i)from retaliatory or other adverse personnel actions in connection with such disclosures; and publicizes the existence of the program and whistleblower protections described in subparagraph (A). A law enforcement agency may not receive covered funds unless the head of the law enforcement agency submits to the Attorney General a written certification (in the form of a memorandum of understanding, memorandum of agreement, or letterhead correspondence) that an entity that is unaffiliated with the law enforcement agency is authorized— to receive any complaints regarding the use of special justice items and covered funds of the law enforcement agency; to periodically review and assess the use of special justice items and covered funds by the law enforcement agency; and to make recommendations to the law enforcement agency regarding the use of special justice items and covered funds by the law enforcement agency that are either— non-binding in character; or binding in character, if authorized by— a law or ordinance governing the law enforcement agency or the entity; or an agreement between the governing body of the law enforcement agency and organizations representing law enforcement officers of the law enforcement agency. A law enforcement agency may satisfy the requirement in subparagraph
(A)through an entity that exists as of the date of the enactment of the Protecting Communities and Police Act of 2015 , including an independent review board, a Federal, State, or local inspector general, a Federal, State, county, or city attorney general, a district attorney, the Federal Bureau of Investigation or another Federal agency, a State agency, a State or local governing body (such as a city council or county commission), a law enforcement council, or an independent entity established by one or more such officials, agencies, or entities on behalf of one or more law enforcement agencies. If a special justice item purchased by a law enforcement agency using covered funds is lost, stolen, or misappropriated— in the case of an offensive weapon or ordnance— on the first occurrence in the case of the law enforcement agency, the Attorney General, after providing the law enforcement agency with notice and the opportunity to contest the allegation, shall suspend the law enforcement agency from eligibility to receive covered funds for a period of not less than 6 months; and on the subsequent occurrence in the case of the law enforcement agency, the Attorney General, after providing the law enforcement agency with notice and the opportunity to contest the allegation, shall terminate the law enforcement agency from eligibility to receive covered funds; and in the case of a special justice item not described in subparagraph (A)— on the third occurrence in the case of the law enforcement agency, the Director, after providing the law enforcement agency with notice and the opportunity to contest the allegation, shall suspend the law enforcement agency from eligibility to receive covered funds for a period of 6 months; and on any subsequent occurrence in the case of the law enforcement agency, the Director, after providing the law enforcement agency with notice and the opportunity to contest the allegation, shall suspend the law enforcement agency from eligibility to receive covered funds for a period of 3 years. If a law enforcement agency is determined by the Attorney General to have intentionally falsified any information relating to the use of covered funds, the Attorney General, after providing the law enforcement agency with notice and the opportunity to contest the determination, shall terminate the law enforcement agency from eligibility to receive covered funds. In conducting oversight of the use of covered funds, the Attorney General shall conduct inspections of some local law enforcement agencies that receive covered funds through a subaward under section 501(b), to ensure compliance with this section. The Attorney General shall appoint individuals with expertise in State and local law enforcement agency functions to positions within the Bureau to assist the Attorney General in assessing grant applications under this subpart by determining whether equipment proposed to be purchased by a law enforcement agency using covered funds is— appropriate to the mission of the law enforcement agency; and necessary based on the needs justification statement submitted by the law enforcement agency under subsection (c)(1)(A)(iii). The Attorney General shall appoint as many individuals under clause
(i)as necessary to ensure that— not less than 1 such individual is involved in the determination under clause
(i)for each grant application under this subpart; and the involvement of such individuals in the process of assessing grant applications under this subpart does not delay the process. In appointing individuals under clause (i), the Attorney General shall give preference to individuals with law enforcement managerial expertise. A law enforcement agency that uses covered funds to purchase or maintain a body camera, or for related costs, shall have in place, and make available to the public, a policy on the use of a body camera by a law enforcement officer that includes— a policy on the appropriate use of a body camera, including whether the camera should be left on at all times; mechanisms to preserve, to the extent practicable, the integrity and security of a video recording made by a body camera, including— a description of the personnel of the law enforcement agency, and other parties, who are authorized to access the recording; mechanisms for the storage of the recording; and measures to ensure the cybersecurity of the recording (if applicable to the storage, retention, and retrieval of the recording); a policy on the authorized and unauthorized public release of a video recording; and a requirement that any video recording of an interaction between a law enforcement officer and an individual who is not a law enforcement officer involving the use of force (whether deadly or otherwise) shall be retained by the law enforcement agency for a period not shorter than the period of limitation in the State concerned for actions for civil rights violations under section 1979 of the Revised Statutes ( 42 U.S.C. 1983 ). . Section 501(d)(2) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3751(d)(2) ) is amended— by redesignating subparagraphs
(B)through
(E)as subparagraphs
(C)through (F), respectively; and by inserting after subparagraph
(A)the following: unmanned aerial vehicles, unmanned aircraft, or unmanned aircraft systems; . Section 505(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755(b) ) is amended— in paragraph (1)— by striking 60 percent and inserting 57.5 percent ; and by striking and at the end; in paragraph (2)— by striking 40 percent and inserting 37.5 percent ; and by striking the period at the end and inserting a semicolon; and by adding at the end the following: 2.5 percent shall be for direct grants to States for the purchase or maintenance of body cameras, dashboard cameras, or gun cameras for law enforcement agencies and related costs; and 2.5 percent shall be for direct grants to units of local government for the purchase or maintenance of body cameras, dashboard cameras, or gun cameras for law enforcement agencies and related costs. .
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Sec. 7
Edward Byrne Memorial Justice Assistance Grants
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