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:

(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).

(a) In general.— Part E of title I of the Omnibus Crime Control and Safe Streets Acts of 1968 (34 U.S.C. 10151 et seq.) is amended by adding at the end the following:

(b) Effective date.—Section 531(c) of title I of the Omnibus Crime Control and Safe Streets Acts of 1968, as added by subsection (a), shall take effect on October 1 of the first fiscal year beginning after the date of enactment of this Act.

This title may be cited as the “Justice for Victims of Lynching Act of 2020”.

Congress finds the following:

(1) The crime of lynching succeeded slavery as the ultimate expression of racism in the United States following Reconstruction.

(2) Lynching was a widely acknowledged practice in the United States until the middle of the 20th century.

(3) Lynching was a crime that occurred throughout the United States, with documented incidents in all but 4 States.

(4) At least 4,742 people, predominantly African Americans, were reported lynched in the United States between 1882 and 1968.

(5) Ninety-nine percent of all perpetrators of lynching escaped from punishment by State or local officials.

(6) Lynching prompted African Americans to form the National Association for the Advancement of Colored People (referred to in this section as the “NAACP”) and prompted members of B'nai B'rith to found the Anti-Defamation League.

(7) Mr. Walter White, as a member of the NAACP and later as the executive secretary of the NAACP from 1931 to 1955, meticulously investigated lynchings in the United States and worked tirelessly to end segregation and racialized terror.

(8) Nearly 200 anti-lynching bills were introduced in Congress during the first half of the 20th century.

(9) Between 1890 and 1952, 7 Presidents petitioned Congress to end lynching.

(10) Between 1920 and 1940, the House of Representatives passed 3 strong anti-lynching measures.

(11) Protection against lynching was the minimum and most basic of Federal responsibilities, and the Senate considered but failed to enact anti-lynching legislation despite repeated requests by civil rights groups, Presidents, and the House of Representatives to do so.

(12) The publication of “Without Sanctuary: Lynching Photography in America” helped bring greater awareness and proper recognition of the victims of lynching.

(13) Only by coming to terms with history can the United States effectively champion human rights abroad.

(14) An apology offered in the spirit of true repentance moves the United States toward reconciliation and may become central to a new understanding, on which improved racial relations can be forged.

(15) Having concluded that a reckoning with our own history is the only way the country can effectively champion human rights abroad, 90 Members of the United States Senate agreed to Senate Resolution 39, 109th Congress, on June 13, 2005, to apologize to the victims of lynching and the descendants of those victims for the failure of the Senate to enact anti-lynching legislation.

(16) The National Memorial for Peace and Justice, which opened to the public in Montgomery, Alabama, on April 26, 2018, is the Nation’s first memorial dedicated to the legacy of enslaved Black people, people terrorized by lynching, African Americans humiliated by racial segregation and Jim Crow, and people of color burdened with contemporary presumptions of guilt and police violence.

(17) Notwithstanding the Senate’s apology and the heightened awareness and education about the Nation’s legacy with lynching, it is wholly necessary and appropriate for the Congress to enact legislation, after 100 years of unsuccessful legislative efforts, finally to make lynching a Federal crime.

(18) Further, it is the sense of Congress that criminal action by a group increases the likelihood that the criminal object of that group will be successfully attained and decreases the probability that the individuals involved will depart from their path of criminality. Therefore, it is appropriate to specify criminal penalties for the crime of lynching, or any attempt or conspiracy to commit lynching.

(19) The United States Senate agreed to unanimously Senate Resolution 118, 115th Congress, on April 5, 2017, “[c]ondemning hate crime and any other form of racism, religious or ethnic bias, discrimination, incitement to violence, or animus targeting a minority in the United States” and taking notice specifically of Federal Bureau of Investigation statistics demonstrating that “among single-bias hate crime incidents in the United States, 59.2 percent of victims were targeted due to racial, ethnic, or ancestral bias, and among those victims, 52.2 percent were victims of crimes motivated by the offenders’ anti-Black or anti-African American bias”.

(20) On September 14, 2017, President Donald J. Trump signed into law Senate Joint Resolution 49 (Public Law 115–58; 131 Stat. 1149), wherein Congress “condemn[ed] the racist violence and domestic terrorist attack that took place between August 11 and August 12, 2017, in Charlottesville, Virginia” and “urg[ed] the President and his administration to speak out against hate groups that espouse racism, extremism, xenophobia, anti-Semitism, and White supremacy; and use all resources available to the President and the President’s Cabinet to address the growing prevalence of those hate groups in the United States”.

(21) Senate Joint Resolution 49 (Public Law 115–58; 131 Stat. 1149) specifically took notice of “hundreds of torch-bearing White nationalists, White supremacists, Klansmen, and neo-Nazis [who] chanted racist, anti-Semitic, and anti-immigrant slogans and violently engaged with counter-demonstrators on and around the grounds of the University of Virginia in Charlottesville” and that these groups “reportedly are organizing similar events in other cities in the United States and communities everywhere are concerned about the growing and open display of hate and violence being perpetrated by those groups”.

(22) Lynching was a pernicious and pervasive tool that was used to interfere with multiple aspects of life—including the exercise of federally protected rights, as enumerated in section 245 of title 18, United States Code, housing rights, as enumerated in section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631), and the free exercise of religion, as enumerated in section 247 of title 18, United States Code. Interference with these rights was often effectuated by multiple offenders and groups, rather than isolated individuals. Therefore, prohibiting conspiracies to violate each of these rights recognizes the history of lynching in the United States and serves to prohibit its use in the future.

(a) Offense.—Chapter 13 of title 18, United States Code, is amended by adding at the end the following:

(b) Table of sections amendment.—The table of sections for chapter 13 of title 18, United States Code, is amended by inserting after the item relating to section 249 the following:

“250. Lynching.”.

This title may be cited as the “Commission on the Social Status of Black Men and Boys Act”.

(a) Establishment.—The Commission on the Social Status of Black Men and Boys (hereinafter in this title referred to as “the Commission”) is established within the United States Commission on Civil Rights Office of the Staff Director.

(b) Membership.—The Commission shall consist of 19 members appointed as follows:

(1) The Senate majority leader shall appoint one member who is not employed by the Federal Government and is an expert on issues affecting Black men and boys in America.

(2) The Senate minority leader shall appoint one member who is not employed by the Federal Government and is an expert on issues affecting Black men and boys in America.

(3) The House of Representatives majority leader shall appoint one member who is not employed by the Federal Government and is an expert on issues affecting Black men and boys in America.

(4) The House of Representatives minority leader shall appoint one member who is not employed by the Federal Government and is an expert on issues affecting Black men and boys in America.

(5) The Chair of the Congressional Black Caucus shall be a member of the Commission, as well as 5 additional Members of the Congressional Black Caucus who shall be individuals that either sit on the following committees of relevant jurisdiction or are experts on issues affecting Black men and boys in the United States, including—

(A) education;

(B) justice and Civil Rights;

(C) healthcare;

(D) labor and employment; and

(E) housing.

(6) The Staff Director of the United States Commission on Civil Rights shall appoint one member from within the staff of the United States Commission on Civil Rights who is an expert in issues relating to Black men and boys.

(7) The Chair of the United States Equal Employment Opportunity Commission shall appoint one member from within the staff of the United States Equal Employment Opportunity Commission who is an expert in equal employment issues impacting Black men.

(8) The Secretary of Education shall appoint one member from within the Department of Education who is an expert in urban education.

(9) The Attorney General shall appoint one member from within the Department of Justice who is an expert in racial disparities within the criminal justice system.

(10) The Secretary of Health and Human Services shall appoint one member from within the Department of Health and Human Services who is an expert in health issues facing Black men.

(11) The Secretary of Housing and Urban Development shall appoint one member from within the Department of Housing and Urban Development who is an expert in housing and development in urban communities.

(12) The Secretary of Labor shall appoint one member from within the Department of Labor who is an expert in labor issues impacting Black men.

(13) The President of the United States shall appoint 2 members who are not employed by the Federal Government and are experts on issues affecting Black men and boys in America.

(c) Membership by political party.—If after the Commission is appointed there is a partisan imbalance of Commission members, the congressional leaders of the political party with fewer members on the Commission shall jointly name additional members to create partisan parity on the Commission.

(a) Timing of initial Appointments.—Each initial appointment to the Commission shall be made no later than 90 days after the Commission is established. If any appointing authorities fail to appoint a member to the Commission, their appointment shall be made by the Staff Director of the Commission on Civil Rights.

(b) Terms.—Except as otherwise provided in this section, the term of a member of the Commission shall be 4 years. For the purpose of providing staggered terms, the first term of those members initially appointed under paragraphs (1) through (5) of section 502 shall be appointed to 2-year terms with all other terms lasting 4 years. Members are eligible for consecutive reappointment.

(c) Removal.—A member of the Commission may be removed from the Commission at any time by the appointing authority should the member fail to meet Commission responsibilities. Once the seat becomes vacant, the appointing authority is responsible for filling the vacancy in the Commission before the next meeting.

(d) Vacancies.—The appointing authority of a member of the Commission shall either reappoint that member at the end of that member’s term or appoint another person meeting the qualifications for that appointment. In the event of a vacancy arising during a term, the appointing authority shall, before the next meeting of the Commission, appoint a replacement to finish that term.

At the first meeting of the Commission each year, the members shall elect a Chair and a Secretary. A vacancy in the Chair or Secretary shall be filled by vote of the remaining members. The Chair and Secretary are eligible for consecutive reappointment.

(a) Study.—

(1) IN GENERAL.—The Commission shall conduct a systematic study of the conditions affecting Black men and boys, including homicide rates, arrest and incarceration rates, poverty, violence, fatherhood, mentorship, drug abuse, death rates, disparate income and wealth levels, school performance in all grade levels including postsecondary education and college, and health issues.

(2) TRENDS.—The Commission shall document trends regarding the topics described in paragraph (1) and report on the community impacts of relevant government programs within the scope of such topics.

(b) Proposal of measures.—The Commission shall propose measures to alleviate and remedy the underlying causes of the conditions described in subsection (a), which may include recommendations of changes to the law, recommendations for how to implement related policies, and recommendations for how to create, develop, or improve upon government programs.

(c) Suggestions and comments.—The Commission shall accept suggestions or comments pertinent to the applicable issues from members of Congress, governmental agencies, public and private organizations, and private citizens.

(d) Staff and administrative support.—The Office of the Staff Director of the United States Commission on Civil Rights shall provide staff and administrative support to the Commission. All entities of the United States Government shall provide information that is otherwise a public record at the request of the Commission.

(a) First meeting.—The first meeting of the Commission shall take place no later than 30 days after the initial members are all appointed. Meetings shall be focused on significant issues impacting Black men and boys, for the purpose of initiating research ideas and delegating research tasks to Commission members to initiate the first annual report described in section 507.

(b) Quarterly meetings.—The Commission shall meet quarterly. In addition to all quarterly meetings, the Commission shall meet at other times at the call of the Chair or as determined by a majority of Commission members.

(c) Quorum; rule for voting on final actions.—A majority of the members of the Commission constitute a quorum, and an affirmative vote of a majority of the members present is required for final action.

(d) Expectations for attendance by members.—Members are expected to attend all Commission meetings. In the case of an absence, members are expected to report to the Chair prior to the meeting and allowance may be made for an absent member to participate remotely. Members will still be responsible for fulfilling prior commitments, regardless of attendance status. If a member is absent twice in a given year, he or she will be reviewed by the Chair and appointing authority and further action will be considered, including removal and replacement on the Commission.

(e) Minutes.—Minutes shall be taken at each meeting by the Secretary, or in that individual’s absence, the Chair shall select another Commission member to take minutes during that absence. The Commission shall make its minutes publicly available and accessible not later than one week after each meeting.

The Commission shall make an annual report, beginning the year of the first Commission meeting. The report shall address the current conditions affecting Black men and boys and make recommendations to address these issues. The report shall be submitted to the President, the Congress, members of the President’s Cabinet, and the chairs of the appropriate committees of jurisdiction. The Commission shall make the report publicly available online on a centralized Federal website.

Members of the Commission shall serve on the Commission without compensation.

(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:

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:

This title may be cited as the “National Criminal Justice Commission Act of 2020”.

Congress finds that—

(1) it is in the interest of the United States to establish a commission to undertake a comprehensive review of the criminal justice system;

(2) there has not been a comprehensive study since the President’s Commission on Law Enforcement and Administration of Justice was established in 1965;

(3) in a span of 18 months, the President’s Commission on Law Enforcement and Administration of Justice produced a comprehensive report entitled “The Challenge of Crime in a Free Society”, which contained 200 specific recommendations on all aspects of the criminal justice system involving—

(A) Federal, State, Tribal, and local governments;

(B) civic organizations;

(C) religious institutions;

(D) business groups; and

(E) individual citizens; and

(4) developments over the intervening 50 years require once again that Federal, State, Tribal, and local governments, law enforcement agencies, including rank and file officers, civil rights organizations, community-based organization leaders, civic organizations, religious institutions, business groups, and individual citizens come together to review evidence and consider how to improve the criminal justice system.

There is established a commission to be known as the “National Criminal Justice Commission” (referred to in this title as the “Commission”).

The Commission shall—

(1) undertake a comprehensive review of the criminal justice system;

(2) submit to the President and Congress recommendations for Federal criminal justice reform; and

(3) disseminate findings and supplemental guidance to the Federal Government, as well as to State, local, and Tribal governments.

(a) General review.—The Commission shall undertake a comprehensive review of all areas of the criminal justice system, including the criminal justice costs, practices, and policies of the Federal, State, local, and Tribal governments.

(b) Recommendations.—

(1) IN GENERAL.—Not later than 18 months after the date of the first meeting of the Commission, the Commission shall submit to the President and Congress recommendations for changes in Federal oversight, policies, practices, and laws designed to prevent, deter, and reduce crime and violence, reduce recidivism, improve cost-effectiveness, and ensure the interests of justice at every step of the criminal justice system.

(2) UNANIMOUS CONSENT.—If a unanimous vote of the members of the Commission at a meeting where a quorum is present pursuant to section 706(d) approves a recommendation of the Commission, the Commission may adopt and submit the recommendation under paragraph (1).

(3) PUBLIC ACCESS.—The recommendations submitted under this subsection shall be made available to the public.

(c) Report.—

(1) IN GENERAL.—Not later than 18 months after the date of the first meeting of the Commission, the Commission shall disseminate to the Federal Government, as well as to State, local, and Tribal governments, a report that details the findings and supplemental guidance of the Commission regarding the criminal justice system at all levels of government.

(2) MAJORITY VOTE.—If a majority vote of the members of the Commission approves a finding or supplemental guidance at a meeting where a quorum is present pursuant to section 706(d), the finding or supplemental guidance may be adopted and included in the report required under paragraph (1).

(3) DISSENTS.—In the case of a member of the Commission who dissents from a finding or supplemental guidance approved by a majority vote under paragraph (2), the member may state the reason for the dissent in writing and the report described in paragraph (1) shall include the dissent.

(4) PUBLIC ACCESS.—The report submitted under this subsection shall be made available to the public.

(d) Prior commissions.—The Commission shall take into consideration the work of prior relevant commissions in conducting the review of the Commission.

(e) State and local governments.—In issuing the recommendations and report of the Commission under this section, the Commission shall not infringe on the legitimate rights of the States to determine the criminal laws of the States or the enforcement of such laws.

(f) Public hearings.—The Commission shall conduct public hearings in various locations around the United States.

(g) Consultation with government and nongovernment representatives.—

(1) IN GENERAL.—The Commission shall—

(A) closely consult with Federal, State, local, and Tribal governments and nongovernment leaders, including—

(i) State, local, and Tribal law enforcement officials, including rank and file officers;

(ii) legislators;

(iii) public health officials;

(iv) judges;

(v) court administrators;

(vi) prosecutors;

(vii) defense counsel;

(viii) victims’ rights organizations;

(ix) probation and parole officials;

(x) criminal justice planners;

(xi) criminologists;

(xii) civil rights and liberties organizations;

(xiii) community-based organization leaders;

(xiv) formerly incarcerated individuals;

(xv) professional organizations; and

(xvi) corrections officials; and

(B) include in the final report required under subsection (c) summaries of the input and recommendations of the leaders consulted under subparagraph (A).

(2) UNITED STATES SENTENCING COMMISSION.—To the extent the review and recommendations required by this section relate to sentencing policies and practices for the Federal criminal justice system, the Commission shall conduct the review in consultation with the United States Sentencing Commission.

(h) Sense of Congress on unanimity.—It is the sense of Congress that, given the national importance of the matters before the Commission—

(1) the Commission should work toward developing findings and supplemental guidance that are unanimously supported by the members of the Commission; and

(2) a finding or supplemental guidance unanimously supported by the members of the Commission should take precedence over a finding or supplemental guidance that is not unanimously supported.

(a) In general.—The Commission shall be composed of 14 members, as follows:

(1) The President shall appoint 1 member, who shall serve as a co-chairperson of the Commission.

(2) The co-chairperson described in paragraph (1) shall appoint 6 members in consultation with the leadership of—

(A) the Senate and House of Representatives of the same political party as the President;

(B) the Committee on the Judiciary of the House of Representatives of the same political party as the President; and

(C) the Committee on the Judiciary of the Senate of the same political party as the President.

(3) The leader of the Senate, in consultation with the leader of the House of Representatives who is a member of the opposite party of the President, shall appoint 1 member, who shall serve as a co-chairperson of the Commission.

(4) The co-chairperson described in paragraph (3) shall appoint 6 members in consultation with the leadership of—

(A) the Senate and House of Representatives of the opposite political party as the President;

(B) the Committee on the Judiciary of the House of Representatives of the opposite political party as the President; and

(C) the Committee on the Judiciary of the Senate of the opposite political party as the President.

(b) Membership.—

(1) IN GENERAL.—A member shall be appointed based upon knowledge or experience in a relevant area, including—

(A) law enforcement;

(B) criminal justice;

(C) national security;

(D) prison and jail administration;

(E) prisoner reentry;

(F) public health, including—

(i) physical and sexual victimization;

(ii) drug addiction; or

(iii) mental health;

(G) the rights of victims;

(H) civil rights;

(I) civil liberties;

(J) court administration;

(K) social services; or

(L) State, local, or Tribal government.

(2) LAW ENFORCEMENT REPRESENTATION.—

(A) MEMBERS APPOINTED BY THE CO-CHAIRPERSONS.—Of the 6 members appointed by the co-chairperson under subsection (a)(2)—

(i) not fewer than 2 shall be representatives from Federal, State, or local law enforcement agencies, including not less than 1 representative from a rank and file organization; and

(ii) not fewer than 1 shall be a representative from a Tribal law enforcement agency.

(B) OTHER MEMBERS.—Of the 6 members appointed under subsection (a)(4)—

(i) not fewer than 2 shall be representatives of Federal, State, or local law enforcement agencies, including not less than 1 representative from a rank and file organization; and

(ii) not fewer than 1 shall be a representative from a Tribal law enforcement agency.

(3) DISQUALIFICATION.—If an individual possesses a personal financial interest in the discharge of a duty of the Commission, the individual may not be appointed as a member of the Commission.

(4) TERMS.—A member shall be appointed for the duration of the Commission.

(c) Appointments and first meeting.—

(1) APPOINTMENTS.—Each member of the Commission shall be appointed not later than 45 days after the date of enactment of this Act.

(2) FIRST MEETING.—The Commission shall hold the first meeting of the Commission on the date, whichever is later, that is not later than—

(A) 60 days after the date of enactment of this Act; or

(B) 30 days after the date on which funds are made available for the Commission.

(3) ETHICS.—At the first meeting of the Commission, the Commission shall—

(A) draft appropriate ethics guidelines for members and staff of the Commission, including guidelines relating to—

(i) conflict of interest; and

(ii) financial disclosure;

(B) consult with the Committees on the Judiciary of the Senate and the House of Representatives as a part of drafting the guidelines; and

(C) provide each Committee described in subparagraph (B) with a copy of the guidelines completed under subparagraph (A).

(d) Meetings, quorum, and vacancies.—

(1) MEETINGS.—The Commission shall meet at the call of—

(A) the co-chairpersons; or

(B) a majority of the members of the Commission.

(2) QUORUM.—Except as provided in paragraph (3)(B), a majority of the members of the Commission shall constitute a quorum for purposes of conducting business, except that 2 members of the Commission shall constitute a quorum for purposes of receiving testimony.

(3) VACANCIES.—

(A) IN GENERAL.—A vacancy in the Commission shall not affect a power of the Commission, and the vacancy shall be filled in the same manner in which the original appointment was made.

(B) QUORUM.—In the case of a vacancy occurring after the date that is 45 days after the date of enactment of this Act, until the date on which the vacancy is filled, a majority of the members of the Commission shall constitute a quorum if—

(i) not fewer than 1 member of the Commission appointed under paragraph (1) or (2) of subsection (a) is present; and

(ii) not fewer than 1 member of the Commission appointed under paragraph (3) or (4) of subsection (a) is present.

(e) Actions of the Commission.—

(1) IN GENERAL.—The Commission—

(A) shall, subject to section 705, act by a resolution agreed to by a majority of the members of the Commission voting and present; and

(B) may establish a panel composed of less than the full membership of the Commission for purposes of carrying out a duty of the Commission under this title, which—

(i) shall be subject to the review and control of the Commission; and

(ii) may make a finding or determination that may be considered a finding or determination of the Commission if the finding or determination is approved by the Commission.

(2) DELEGATION.—If authorized by the co-chairpersons of the Commission, a member, agent, or staff member of the Commission may take an action that the Commission may take under this title.

(a) Staff.—

(1) EXECUTIVE DIRECTOR.—The Commission shall have a staff headed by an Executive Director, who shall be paid at a rate established for the Certified Plan pay level for the Senior Executive Service under section 5382 of title 5, United States Code.

(2) APPOINTMENTS AND COMPENSATION.—The co-chairpersons of the Commission shall designate and fix the compensation of the Executive Director and, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code.

(3) PERSONNEL AS FEDERAL EMPLOYEES.—

(A) IN GENERAL.—The Executive Director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title 5.

(B) MEMBERS OF THE COMMISSION.—Subparagraph (A) shall not be construed to apply to members of the Commission.

(4) THE COMPENSATION OF MEMBERS.—

(A) NON-FEDERAL EMPLOYEES.—A member of the commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Board.

(B) FEDERAL EMPLOYEES.—A member of the commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government.

(5) TRAVEL EXPENSES.—A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular places of business of the member in the performance of services for the Commission.

(b) Experts and consultants.—With the approval of the Commission, the Executive Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.

(c) Detail of government employees.—Upon the request of the Commission, a Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.

(d) Other resources.—

(1) IN GENERAL.—The Commission shall have reasonable access to materials, resources, statistical data, and other information such Commission determines to be necessary to carry out its duties from—

(A) the Library of Congress;

(B) the Department of Justice;

(C) the Office of National Drug Control Policy;

(D) the Department of State; and

(E) other agencies of the executive or legislative branch of the Federal Government.

(2) REQUESTS FOR RESOURCES.—The co-chairpersons of the Commission shall make requests for the access described in paragraph (1) in writing when necessary.

(e) Volunteer services.—Notwithstanding section 1342 of title 31, United States Code, the Commission—

(1) may—

(A) accept and use the services of an individual volunteering to serve without compensation; and

(B) reimburse the individual described in subparagraph (A) for local travel, office supplies, and for other travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code; and

(2) shall consider the individual described in paragraph (1) an employee of the Federal Government in performance of those services for the purposes of—

(A) chapter 81 of title 5, United States Code, relating to compensation for work-related injuries;

(B) chapter 171 of title 28, United States Code, relating to tort claims; and

(C) chapter 11 of title 18, United States Code, relating to conflicts of interest.

(f) Obtaining official data.—

(1) IN GENERAL.—Except as provided in paragraph (3), the Commission may directly secure from an agency of the United States information necessary to enable the Commission to carry out this title.

(2) PROCEDURES.—Upon the request of the co-chairpersons of the Commission, the head of the agency shall furnish any information requested under paragraph (1) to the Commission.

(3) SENSITIVE INFORMATION.—The Commission may not have access to sensitive information regarding ongoing investigations.

(g) Mails.—The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.

(h) Biannual reports.—The Commission shall submit biannual status reports to Congress regarding—

(1) the use of resources;

(2) salaries; and

(3) all expenditures of appropriated funds.

(i) Contracts.—

(1) IN GENERAL.—The Commission may enter into a contract with a Federal or State agency, a private firm, an institution, or an individual for the conduct of an activity necessary to the discharge of a duty or responsibility of the Commission.

(2) TIMING.—A contract, lease, or other legal agreement the Commission enters into may not extend beyond the date of the termination of the Commission.

(j) Gifts.—The Commission may accept, use, or dispose of a gift or donation of a service or property.

(k) Administrative assistance.—The Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out the responsibilities of the Commission under this title, which may include—

(1) human resource management;

(2) budget;

(3) leasing;

(4) accounting; or

(5) payroll services.

(l) Non-Applicability of FACA and public access to meetings and minutes.—

(1) IN GENERAL.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.

(2) MEETINGS AND MINUTES.—

(A) MEETINGS.—

(i) ADMINISTRATION.—Each meeting of the Commission shall be open to the public, except that a meeting or any portion of it may be closed to the public if it concerns matters or information described in section 552b(c) of title 5, United States Code.

(ii) INTERESTED INDIVIDUALS.—An interested individual may—

(I) appear at an open meeting;

(II) present an oral or written statement on the subject matter of the meeting; and

(III) be administered an oath or affirmation.

(iii) NOTICE.—Each open meeting of the Commission shall be preceded by timely public notice in the Federal Register of the time, place, and subject of the meeting.

(B) MINUTES AND PUBLIC ACCESS.—

(i) MINUTES.—Minutes of each open meeting shall be kept and shall contain a record of—

(I) the people present;

(II) a description of the discussion that occurred; and

(III) a copy of each statement filed.

(ii) PUBLIC ACCESS.—The minutes and records of each open meeting and other documents that were made available to or prepared for the Commission shall be available for public inspection and copying at a single location in the offices of the Commission.

(m) Archiving.—Not later than the date described in section 709, all records and papers of the Commission shall be delivered to the Archivist of the United States for deposit in the National Archives.

(a) In general.— For the purpose of carrying out this title, 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, $14,000,000, to remain available until expended.

(b) Limitation.—None of the funds provided by this section may be used for international travel.

The Commission shall terminate 60 days after the date on which the Commission submits the report required under section 705(c) to Congress.

Section 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381(b)) is amended—

(1) by redesignating paragraphs (22) and (23) as paragraphs (23) and (24), respectively;

(2) in paragraph (23), as so redesignated, by striking “(21)” and inserting “(22)”; and

(3) by inserting after paragraph (21) the following:

“(22) for a law enforcement agency that has a substantially different racial and ethnic demographic makeup than the community served by the agency, to hire recruiters and enroll law enforcement officer candidates in law enforcement academies to become career law enforcement officers who have racial and ethnic demographic characteristics similar to the community;”.

(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”.

In this subtitle:

(1) DIRECTOR.—The term “Director” means the Director of the National Museum of African American History and Culture.

(2) ELIGIBLE PROGRAM PARTICIPANT.—The term “eligible program participant” means a Federal, State, or local law enforcement officer or recruiter, or a candidate in a law enforcement academy.

(a) Direct appropriations.— For the purpose of carrying out this subtitle, 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, $10,000,000, to remain available until expended.

(b) Donations, gifts, bequests, and devises of property.—In accordance with chapter 23 of title 36, United States Code, and in furtherance of the purposes of this subtitle, the Director is authorized to solicit, accept, hold, administer, invest, and use donated funds and gifts, bequests, and devises of property, both real and personal.

(c) Use of funds.—The Director, using funds appropriated under subsection (a) and resources received under subsection (b), including through the engagement of eligible program participants as appropriate and in consultation with the National Law Enforcement Museum—

(1) shall develop and nationally disseminate a curriculum to educate eligible program participants on the history of racism in the United States; and

(2) shall carry out education program training for eligible program participants that focuses on—

(A) racial reconciliation with the goal of understanding the history of racism in America;

(B) improving relationships between law enforcement and the communities they serve; and

(C) training eligible program participants who can effectively train their law enforcement peers in their State and communities.

(d) Applications.—The Director may seek the engagement of an eligible program participant under subsection (c) by requiring submission of an application to the Director at such time, in such manner, and based on such competitive criteria as the Director may require.

(a) Website.—The Director shall maintain on the website of the National Museum of African American History and Culture a special section designated for education resources to improve awareness and understanding of the history of racism in the United States and to promote racial reconciliation through best practices to improve relations between law enforcement and the communities they serve. The website and resources shall be made publicly available.

(b) Information distribution.—The Director shall distribute information about the activities funded under this subtitle through the website of the National Museum of African American History and Culture, and shall respond to inquiries for supplementary information concerning such activities.

(c) Best practices.—The information distributed by the Director shall include best practices for educators.

The National Museum of African American History and Culture Council established under section 5 of the National Museum of African American History and Culture Act (20 U.S.C. 80r–3), shall have governance responsibility for the programs and activities carried out under this subtitle in accordance with the National Museum of African American History and Culture Act (20 U.S.C. 80r).

(a) In general.—An eligible program participant shall be engaged at the discretion of the Director to participate in education program activities authorized under this subtitle and approved by the Director pursuant to an application described in section 812(d).

(b) Engagement period.—Engagement of eligible program participants under this subtitle shall be for a period determined by the Director.

(c) Priority.—In engaging eligible program participants under section 812, the Director shall give priority to applications from such participants who work for a Federal, State, or local law enforcement agency that does not, at the time application is made, offer any education programming on the history of racism or best practices to improve race relations between law enforcement and the communities they serve.

Not later than February 1 of each year, the Director shall submit to the Congress a report describing the activities carried out under this subtitle.

(a) In general.—The National Criminal Justice Commission established under title VIII (referred to in this title as the “Commission”) shall—

(1) develop recommended best practices guidelines to ensure fair and effective policing tactics and procedures that encourage equitable justice, community trust, and law enforcement officer safety;

(2) include the recommended best practices described in paragraph (1) in the recommendations of the Commission required under section 705; and

(3) best practices for developing standards for law enforcement officer due process.

(b) Requirements.—The best practices required to be developed under subsection (a) shall include—

(1) best practices for the hiring, firing, suspension, and discipline of law enforcement officers; and

(2) best practices for community transparency and optimal administration of a law enforcement agency.

(a) In general.—The Commission shall conduct a study on the establishment and operation of use of force review boards by States and units of local government, wherein citizens can assist law enforcement agencies in reviewing use of force incidents.

(b) Inclusion in Commission recommendations.—The Commission shall include a report on the study conducted under subsection (a), which shall include recommendations, if any, for best practices for State and local use of force review boards, as well as best practices for developing standards for law enforcement officer due process, in the recommendations of the Commission required under section 705.

(a) In general.—The Commission shall conduct a study on law enforcement officer training, crisis intervention teams, co-responder programs, personnel requirements, Federal resources, and pilot programs needed to improve nationwide law enforcement officer engagement on issues related to mental health, homelessness, and addiction.

(b) Inclusion in Commission recommendations.—The Commission shall include a report on the study conducted under subsection (a), which shall include recommendations, if any, in the recommendations of the Commission required under section 705.

(a) Definitions.—In this section—

(1) the term “covered grant” means a grant awarded under a covered grant program; and

(2) the term “covered grant program” means—

(A) the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.);

(B) the “Cops on the Beat” program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381 et seq.); and

(C) any other grant program administered by the Attorney General that provides funds to law enforcement agencies.

(b) Study and proposal.—Not later than 1 year after the date of enactment of this Act, the Attorney General shall study, and submit to Congress a proposal regarding, the possible implementation of a method to improve accountability for law enforcement agencies that receive funds from covered grant programs.

(c) Contents.—In carrying out subsection (b), the Attorney General shall develop discrete performance metrics for law enforcement agencies that apply for and receive funds from covered grant programs, the parameters of which shall—

(1) establish benchmarks of progress, measured on a semiannual or annual basis, as appropriate;

(2) require annual accounting by a recipient of a covered grant of the progress made toward each benchmark described in paragraph (1); and

(3) provide that—

(A) the failure to achieve a benchmark described in paragraph (1) shall constitute a violation of the grant agreement;

(B) if a recipient does not cure a violation by achieving the applicable benchmark not later than 90 days after the date of the violation, the recipient shall return the amounts of the covered grant to the Attorney General; and

(C) a law enforcement agency that violates a grant agreement may not apply for a covered grant for a period of 1 year.

(a) In general.—Section 2243 of title 18, United States Code, is amended—

(1) in the section heading, by adding at the end the following: “or by any person acting under color of law”;

(2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;

(3) by inserting after subsection (b) the following:

“(c) Of an individual by any person acting under color of law.—

“(1) IN GENERAL.—Whoever, acting under color of law, knowingly engages in a sexual act with an individual who has been arrested by, is detained by, or is in custody of any Federal law enforcement officer, shall be fined under this title, imprisoned not more than 15 years, or both.

“(2) DEFINITION.—In this subsection, the term ‘sexual act’ has the meaning given the term in section 2246.”; and

(4) in subsection (d), as so redesignated, by adding at the end the following:

“(3) In a prosecution under subsection (c), it is not a defense that the other individual consented to the sexual act.”.

(b) Abusive sexual contact.—Section 2244(a) of title 18, United States Code, is amended by—

(1) in paragraph (4), by striking “or” at the end;

(2) by redesignating paragraph (5) as paragraph (6); and

(3) by inserting after paragraph (4) the following:

“(5) subsection (c) of section 2243 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than 15 years, or both; or”.

(c) Definition.—Section 2246 of title 18, United States Code, is amended—

(1) in paragraph (5), by striking “and” at the end;

(2) in paragraph (6), by striking the period at the end and inserting “; and”; and

(3) by inserting after paragraph (6) the following:

“(7) the term ‘Federal law enforcement officer’ has the meaning given the term in section 115.”.

(d) Clerical amendment.—The table of sections for chapter 109A of title 18, United States Code, is amended by amending the item related to section 2243 to read as follows:

“2243. Sexual abuse of a minor or ward or by any person acting under color of law.”.

(a) Authority To make grants.—The Attorney General is authorized to make grants to States that have in effect a law that—

(1) makes it a criminal offense for any person acting under color of law of the State to engage in a sexual act (as defined in section 2246 of title 18, United States Code) with an individual who has been arrested by, is detained by, or is in custody of any law enforcement officer; and

(2) prohibits a person charged with an offense described in paragraph (1) from asserting the consent of the other individual as a defense.

(b) Reporting requirement.—A State that receives a grant under this section shall submit to the Attorney General, on an annual basis, information on—

(1) the number of reports made to law enforcement agencies in that State regarding persons engaging in a sexual act (as defined in section 2246 of title 18, United States Code) while acting under color of law during the previous year; and

(2) the disposition of each case in which sexual misconduct by a person acting under color of law was reported during the previous year.

(c) Application.—A State seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require, including information about the law described in subsection (a).

(d) Grant amount.—The amount of a grant to a State under this section shall be in an amount that is not greater than 10 percent of the average of the total amount of funding of the 3 most recent awards that the State received under the following grant programs:

(1) Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10441 et seq.) (commonly referred to as the “STOP Violence Against Women Formula Grant Program”).

(2) Section 41601 of the Violence Against Women Act of 1994 (34 U.S.C. 12511) (commonly referred to as the “Sexual Assault Services Program”).

(e) Grant term.—

(1) IN GENERAL.—The Attorney General shall provide an increase in the amount provided to a State under the grant programs described in subsection (d) for a 2-year period.

(2) RENEWAL.—A State that receives a grant under this section may submit an application for a renewal of such grant at such time, in such manner, and containing such information as the Attorney General may reasonably require.

(3) LIMIT.—A State may not receive a grant under this section for more than 4 years.

(f) Uses of funds.—A State that receives a grant under this section shall use—

(1) 25 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (1) of subsection (d); and

(2) 75 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (2) of subsection (d).

(g) 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, $25,000,000, to remain available until expended.

(h) Definition.—For purposes of this section, the term “State” means each of the several States and the District of Columbia, Indian Tribes, and the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands.

(a) Report by attorney general.—Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall submit to Congress a report containing—

(1) the information required to be reported to the Attorney General under section 1002(b); and

(2) information on—

(A) the number of reports made, during the previous year, to Federal law enforcement agencies regarding persons engaging in a sexual act (as defined in section 2246 of title 18, United States Code) while acting under color of law; and

(B) the disposition of each case in which sexual misconduct by a person acting under color of law was reported.

(b) Report by GAO.—Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Comptroller General of the United States shall submit to Congress a report on any violations of section 2243(c) of title 18, United States Code, as amended by section 1001, committed during the 1-year period covered by the report.

(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.