Use of Force Accountability Act of 2021

To require States receiving grants under the Byrne grant program and the COPS grant program to have in place laws requiring certain independent investigations of law enforcement officers’ use of deadly force, and for other purposes. 1. Short title This Act may be cited as the Use of Force Accountability Act of 2021 2. Independent investigation of law enforcement statutes condition for receipt of COPS and Byrne grant funding Beginning in the first fiscal year that begins after the date that is 3 years after the date of enactment of this Act, in order to be eligible for a grant under the Byrne grant program or the COPS grant program, a State or Indian Tribe shall have in effect— (1) an independent investigation of law enforcement statute; and (2) a law or policy that upon the completion of an independent investigation, the findings are referred— (A) to the internal affairs department of the employing law enforcement agency for review and possible disciplinary action; or (B) in the case of a law enforcement agency that does not have an internal affairs department, to the employing law enforcement agency for review and possible disciplinary action. 3. Grant program for independent investigation of law enforcement statutes (a) In general The Attorney General may award grants to eligible States and Indian Tribes to assist in implementing an independent investigation of law enforcement statute. (b) Eligibility To be eligible for a grant under this subsection, a State or Indian Tribe shall have in effect an independent investigation of law enforcement statute. (c) Authorization of appropriations There are authorized to be appropriated to the Attorney General $750,000,000 for fiscal years 2022 through 2025 to carry out this subsection. 4. Definitions In this Act: (1) Byrne grant program The term Byrne grant program 34 U.S.C. 10151 (2) Cops grant program The term COPS grant program 34 U.S.C. 10381 (3) Independent investigation The term independent investigation (A) Using an agency or civilian review board that investigates and independently reviews all allegations of use of deadly force made against law enforcement officers in the jurisdiction. (B) Assigning of the attorney general of the State in which the alleged use of deadly force was committed to conduct the criminal investigation and prosecution. (C) Adopting a procedure under which an independent prosecutor is assigned to investigate and prosecute the case, including a procedure under which an automatic referral is made to an independent prosecutor appointed and overseen by the attorney general of the State in which the alleged use of deadly force was committed. (D) Adopting a procedure under which an independent prosecutor is assigned to investigate and prosecute the case. (E) Having law enforcement agencies agree to and implement memoranda of understanding with other law enforcement agencies under which the other law enforcement agencies— (i) shall conduct the criminal investigation into the alleged use of deadly force; and (ii) upon conclusion of the criminal investigation, shall file a report with the attorney general of the State containing a determination regarding whether— (I) the use of deadly force was appropriate; and (II) any action should be taken by the attorney general of the State. (F) Any substantially similar procedure to ensure impartiality in the investigation or prosecution. (4) Independent investigation of law enforcement statute The term independent investigation of law enforcement statute (A) one or more of the possible defendants is a law enforcement officer; (B) one or more of the alleged offenses involves the law enforcement officer’s use of deadly force in the course of carrying out that officer’s duty; and (C) the non-Federal law enforcement officer’s use of deadly force resulted in a death or injury. (5) Independent prosecutor The term independent prosecutor (A) does not oversee or regularly rely on the law enforcement agency by which the law enforcement officer under investigation is employed; and (B) would not be involved in the prosecution in the ordinary course of that prosecutor’s duties. (6) State The term State 34 U.S.C. 10251

Summary: Use of Force Accountability Act of 2021 This bill requires, as a condition of eligibility for funds under the Edward Byrne Memorial Justice Assistance Grant (JAG) program and the Community Oriented Policing Services (COPS) program, a state or Indian tribe to take certain actions with respect to investigating allegations of use of force by law enforcement officers. Specifically, to be eligible for grant funds under the COPS program and JAG program, a state or Indian tribe must have in effect an independent investigation of law enforcement statute and a law or policy requiring the findings of an independent investigation to be referred for review and possible disciplinary action. The term independent investigation of law enforcement statute means a statute requiring an independent investigation in a criminal matter involving allegations of use of force by a law enforcement officer that resulted in death or injury. The bill authorizes the Department of Justice to award grants to help states and Indian tribes implement an independent investigation of law enforcement statute.