National Statistics on Deadly Force Transparency Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 1336 To require the Attorney General to issue rules pertaining to the collection and compilation of data on the use of deadly force by law enforcement officers. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 25, 2021 Mr. COHEN introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require the Attorney General to issue rules pertaining to the collection and compilation of data on the use of deadly force by law enforcement officers. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘National Statistics on 4 Deadly Force Transparency Act of 2021’’. 5 SEC. 2. ATTORNEY GENERAL TO ISSUE REGULATIONS. 6 (a) REGULATIONS.—Not later than 6 months after 7 the date of enactment of this Act, the Attorney General, 8 in consultation with stakeholders, including Federal, 9 VerDate Sep 11 2014 01:54 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1336.IH H1336 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 1336 IH State, and local law enforcement agencies and community, 1 professional, research, and civil rights organizations, shall 2 issue regulations for the collection and compilation of data 3 pertaining to the use of deadly force by Federal, State, 4 or local law enforcement officers. 5 (b) REQUIREMENTS.—The regulations issued under 6 subsection (a) shall— 7 (1) require the collection of data on all in- 8 stances wherein deadly force was used by a Federal, 9 State, or local law enforcement officer; 10 (2) require that the data collected shall— 11 (A) include identifying characteristics of 12 the person who was the target of the use of 13 deadly force and the officer who used deadly 14 force, including— 15 (i) race or ethnicity; 16 (ii) gender; 17 (iii) approximate age; and 18 (iv) the actual or perceived religious 19 affiliation; 20 (B) include the date, time, and location of 21 such use of deadly force; 22 (C) include the alleged criminal activity of 23 the person who was the target of the use of 24 deadly force; 25 VerDate Sep 11 2014 01:54 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1336.IH H1336 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 1336 IH (D) include the nature of the deadly force 1 used, including the use of a firearm; 2 (E) include an explanation, if any, from 3 the relevant law enforcement agency on why 4 deadly force was used; 5 (F) include a copy of any use of deadly 6 force guidelines in effect at the relevant law en- 7 forcement agency at the time deadly force was 8 used; 9 (G) include a description of any non-lethal 10 efforts employed to apprehend or subdue the 11 person who was the target of the use of deadly 12 force before deadly force was used; and 13 (H) not include personally identifiable in- 14 formation described in section 4; 15 (3) provide that a standardized form shall be 16 made available to law enforcement agencies for the 17 submission of data collected pursuant to this Act to 18 the Department of Justice; 19 (4) require that law enforcement agencies com- 20 pile data using the standardized form made available 21 under paragraph (3), and submit the form to the 22 Department of Justice Bureau of Justice Statistics 23 and any other component of the Department of Jus- 24 VerDate Sep 11 2014 01:54 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1336.IH H1336 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 1336 IH tice that the Attorney General determines appro- 1 priate; and 2 (5) require that law enforcement agencies shall 3 maintain all data collected under this Act for not 4 less than 4 years. 5 SEC. 3. DUTIES OF THE BUREAU OF JUSTICE STATISTICS. 6 The Department of Justice Bureau of Justice Statis- 7 tics shall provide to Congress and make available to the 8 public the data collected pursuant to this Act, excluding 9 any personally identifiable information described in section 10 4. 11 SEC. 4. LIMITATIONS ON PUBLICATION OF DATA. 12 The name or identifying information of a law enforce- 13 ment officer, person who was the target of the use of dead- 14 ly force, or any other individual involved in any activity 15 for which data is collected and compiled under this Act 16 shall not be— 17 (1) released to the public; 18 (2) disclosed to any person, except for— 19 (A) such disclosures as are necessary to 20 comply with this Act; 21 (B) disclosures of information regarding a 22 particular person to that person; or 23 (C) disclosures pursuant to litigation; or 24 VerDate Sep 11 2014 01:54 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1336.IH H1336 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 1336 IH (3) subject to disclosure under section 552 of 1 title 5, United States Code (commonly known as the 2 Freedom of Information Act), except for disclosures 3 of information regarding a particular person to that 4 person. 5 SEC. 5. BYRNE JAG GRANT REDUCED FOR FAILURE TO RE- 6 PORT. 7 In the case of a State or unit of local government 8 that received a grant award under subpart 1 of part E 9 of title I of the Omnibus Crime Control and Safe Streets 10 Act of 1968 (42 U.S.C. 3750 et seq.), if that State or 11 unit of local government fails substantially to comply with 12 the requirement under section 2 for a fiscal year, the At- 13 torney General shall reduce the amount that would other- 14 wise be awarded to that State or unit of local government 15 under such grant program in the following fiscal year by 16 10 percent. 17 Æ VerDate Sep 11 2014 01:54 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H1336.IH H1336 pbinns on DSKJLVW7X2PROD with BILLS