National Statistics on Deadly Force Transparency Act of 2021
Bill: H.R.1336 | Sponsor: Rep. Cohen, Steve (D-TN)
Policy area: Crime and Law Enforcement

Summary:
National Statistics on Deadly Force Transparency Act of 2021
This bill establishes a framework to require law enforcement agencies to collect data on the use of deadly force by law enforcement officers.
Specifically, it requires federal, state, and local law enforcement agencies to collect, compile, and submit to the Department of Justice's (DOJ's) Bureau of Justice Statistics data on the use of deadly force by law enforcement officers.
DOJ must reduce by 10% the allocation of funds under the Edward Byrne Memorial Justice Assistance Grant Program for a state or local government that fails to substantially comply.

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Statistics on Deadly Force 
Transparency Act of 2021''.

SEC. 2. ATTORNEY GENERAL TO ISSUE REGULATIONS.

    (a) Regulations.--Not later than 6 months after the date of 
enactment of this Act, the Attorney General, in consultation with 
stakeholders, including Federal, State, and local law enforcement 
agencies and community, professional, research, and civil rights 
organizations, shall issue regulations for the collection and 
compilation of data pertaining to the use of deadly force by Federal, 
State, or local law enforcement officers.
    (b) Requirements.--The regulations issued under subsection (a) 
shall--
            (1) require the collection of data on all instances wherein 
        deadly force was used by a Federal, State, or local law 
        enforcement officer;
            (2) require that the data collected shall--
                    (A) include identifying characteristics of the 
                person who was the target of the use of deadly force 
                and the officer who used deadly force, including--
                            (i) race or ethnicity;
                            (ii) gender;
                            (iii) approximate age; and
                            (iv) the actual or perceived religious 
                        affiliation;
                    (B) include the date, time, and location of such 
                use of deadly force;
                    (C) include the alleged criminal activity of the 
                person who was the target of the use of deadly force;
                    (D) include the nature of the deadly force used, 
                including the use of a firearm;
                    (E) include an explanation, if any, from the 
                relevant law enforcement agency on why deadly force was 
                used;
                    (F) include a copy of any use of deadly force 
                guidelines in effect at the relevant law enforcement 
                agency at the time deadly force was used;
                    (G) include a description of any non-lethal efforts 
                employed to apprehend or subdue the person who was the 
                target of the use of deadly force before deadly force 
                was used; and
                    (H) not include personally identifiable information 
                described in section 4;
            (3) provide that a standardized form shall be made 
        available to law enforcement agencies for the submission of 
        data collected pursuant to this Act to the Department of 
        Justice;
            (4) require that law enforcement agencies compile data 
        using the standardized form made available under paragraph (3), 
        and submit the form to the Department of Justice Bureau of 
        Justice Statistics and any other component of the Department of 
        Justice that the Attorney General determines appropriate; and
            (5) require that law enforcement agencies shall maintain 
        all data collected under this Act for not less than 4 years.

SEC. 3. DUTIES OF THE BUREAU OF JUSTICE STATISTICS.

    The Department of Justice Bureau of Justice Statistics shall 
provide to Congress and make available to the public the data collected 
pursuant to this Act, excluding any personally identifiable information 
described in section 4.

SEC. 4. LIMITATIONS ON PUBLICATION OF DATA.

    The name or identifying information of a law enforcement officer, 
person who was the target of the use of deadly force, or any other 
individual involved in any activity for which data is collected and 
compiled under this Act shall not be--
            (1) released to the public;
            (2) disclosed to any person, except for--
                    (A) such disclosures as are necessary to comply 
                with this Act;
                    (B) disclosures of information regarding a 
                particular person to that person; or
                    (C) disclosures pursuant to litigation; or
            (3) subject to disclosure under section 552 of title 5, 
        United States Code (commonly known as the Freedom of 
        Information Act), except for disclosures of information 
        regarding a particular person to that person.

SEC. 5. BYRNE JAG GRANT REDUCED FOR FAILURE TO REPORT.

    In the case of a State or unit of local government that received a 
grant award under 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.), if that 
State or unit of local government fails substantially to comply with 
the requirement under section 2 for a fiscal year, the Attorney General 
shall reduce the amount that would otherwise be awarded to that State 
or unit of local government under such grant program in the following 
fiscal year by 10 percent.
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