[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3873 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3873

To require law enforcement agencies to report the use of lethal force, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 3, 2020

Mr. Scott of South Carolina (for himself, Mr. Grassley, Ms. Ernst, Mr. 
Lankford, and Mr. Cramer) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To require law enforcement agencies to report the use of lethal 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 ``Walter Scott Notification Act of 
2020''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``law enforcement officer'' has the meaning 
        given the term in section 3673 of title 18, United States Code; 
        and
            (2) the term ``State'' has the meaning given the term in 
        section 901(a) of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (34 U.S.C. 10251(a)).

SEC. 3. STATE INFORMATION REGARDING USE OF LETHAL FORCE BY LAW 
              ENFORCEMENT OFFICERS.

    (a) In General.--For each fiscal year in which a State receives 
funds for a program described in subsection (c), the State shall report 
to the Attorney General, on an annual basis and pursuant to guidelines 
established by the Attorney General, information regarding any 
discharge of a firearm by a law enforcement officer which results in 
the death of a civilian.
    (b) Information Required.--The report required under subsection (a) 
shall contain information that, at a minimum, includes--
            (1) the number of decedents and the number of law 
        enforcement officers who discharged a firearm;
            (2) the age, sex, race, and ethnicity of each decedent;
            (3) any mental health issue of a decedent that was observed 
        or reported;
            (4) the age, sex, race, and ethnicity of each law 
        enforcement officer;
            (5) a brief description of the event;
            (6) the alleged criminal activity of each decedent prior to 
        the use of force;
            (7) whether each decedent was armed and the type of weapon 
        the decedent had;
            (8) a description of the weapon used by each law 
        enforcement officer;
            (9) a brief description of any injury sustained by a law 
        enforcement officer;
            (10) a brief description of the finding of the law 
        enforcement agency as to whether the use of deadly force was 
        justified or unjustified; and
            (11) the case disposition, including whether--
                    (A) the case was cleared by departmental review or 
                referred to a prosecuting authority;
                    (B) criminal charges were filed;
                    (C) prosecution was declined;
                    (D) a grand jury returned a No True Bill; or
                    (E) a court entered an acquittal or a conviction.
    (c) Compliance.--
            (1) Ineligibility for funds.--For any fiscal year beginning 
        after the date of enactment of this Act, a State that fails to 
        comply with subsection (a), shall be subject to a 10-percent 
        reduction of the funds that would otherwise be allocated for 
        that fiscal year to the State 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.), whether characterized as 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) Reallocation.--Amounts not allocated under a program 
        referred to in paragraph (1) to a State for failure to comply 
        with subsection (a) shall be reallocated under the program to 
        States that have complied with subsection (a).
    (d) Preferential Consideration.--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) Use of Force Reporting.--
            ``(1) Preferential consideration.--For the first fiscal 
        year beginning after the date of enactment of this subsection 
        and the 3 fiscal years thereafter, the Attorney General may 
        give preferential consideration, where feasible, to an 
        application from an applicant in a State that is in full 
        compliance with section 3(a) of the Walter Scott Notification 
        Act of 2020.
            ``(2) Reduction of grant amounts.--Beginning in the fifth 
        fiscal year beginning after the date of enactment of this 
        subsection, a State that fails to comply with section 3(a) of 
        the Walter Scott Notification Act of 2020 shall be subject to a 
        20-percent reduction of the funds that would otherwise be 
        allocated for the fiscal year to the State under this part.
            ``(3) Reallocation.--Amounts not allocated under this part 
        to a State for failure to comply with section 3(a) of the 
        Walter Scott Notification Act of 2020 shall be reallocated to 
        States that have complied with such section.''.
    (e) Independent Audit and Review.--Not later than 1 year after the 
date of enactment of this Act, and each year thereafter, the Attorney 
General shall conduct an audit and review of the information provided 
under subsection (a) to determine whether each State receiving funds 
under section 505(a) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10156(a)) or under part Q of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381 
et seq.) unless the State has ensured, to the satisfaction of the 
Attorney General, that the State is in substantial compliance with the 
requirements of this section.
    (f) Public Availability of Data.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and each year thereafter, the Attorney 
        General shall publish, and make available to the public, a 
        report containing the data reported to the Attorney General 
        under subsection (a).
            (2) Privacy protections.--Nothing in this subsection shall 
        be construed to supersede the requirements or limitations under 
        section 552a of title 5, United States Code (commonly known as 
        the ``Privacy Act of 1974'').
    (g) Guidance.--Not later than 180 days after the date of enactment 
of this Act, the Attorney General, in coordination with the Director of 
the Federal Bureau of Investigation, shall issue guidance on best 
practices relating to establishing standard data collection systems 
that capture the information required to be reported under subsection 
(a), which shall include standard and consistent definitions for terms.
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