Use of Force Accountability Act of 2021
Bill: H.R.3026 | Sponsor: Rep. Crow, Jason (D-CO)
Policy area: Crime and Law Enforcement

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.

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Use of Force Accountability Act of 
2021''.

SEC. 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.

SEC. 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.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Byrne grant program.--The term ``Byrne grant program'' 
        means any 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.), without regard to whether the funds are 
        characterized as being made available under the Edward Byrne 
        Memorial State and Local Law Enforcement Assistance Programs, 
        the Local Government Law Enforcement Block Grants Program, the 
        Edward Byrne Memorial Justice Assistance Grant Program, or 
        otherwise.
            (2) Cops grant program.--The term ``COPS grant program'' 
        means the grant program authorized under section 1701 of title 
        I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 
        U.S.C. 10381).
            (3) Independent investigation.--The term ``independent 
        investigation'' means a criminal investigation or prosecution 
        of a law enforcement officer's use of deadly force, including 
        one or more of the following:
                    (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'' means a statute requiring an independent 
        investigation in a criminal matter in which--
                    (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'' means, with respect to a criminal investigation or 
        prosecution of a law enforcement officer's use of deadly force, 
        a prosecutor who--
                    (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'' has the meaning given such 
        term in section 901 of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (34 U.S.C. 10251).
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