[Congressional Record Volume 164, Number 198 (Monday, December 17, 2018)]
[Senate]
[Page S7661]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4117. Mr. SCOTT submitted an amendment intended to be proposed by
him to the bill S. 3747, to provide for programs to help reduce the
risk that prisoners will recidivate upon release from prison, and for
other purposes.; which was ordered to lie on the table; as follows:
At the end of the bill, add the following:
TITLE VII--USE OF LETHAL FORCE BY LAW ENFORCEMENT OFFICERS
SEC. 701. SHORT TITLE.
This title may be cited as the ``Walter Scott Notification
Act of 2018''.
SEC. 702. DEFINITIONS.
In this title:
(1) Law enforcement officer.--The term ``law enforcement
officer'' has the meaning given the term in section 3673 of
title 18, United States Code.
(2) State.--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. 703. 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 that resulted in the death of a
civilian.
(b) Information Required.--The report required under
subsection (a) shall include, for the reporting period--
(1) the number of decedents who died as a result of the
discharge of a firearm by a law enforcement officer;
(2) the number of law enforcement officers, whose discharge
of a firearm resulted in the death of a civilian;
(3) the age, sex, race, and ethnicity of each decedent
referred to in paragraph (1);
(4) any mental health issue of such a decedent that was
observed or reported;
(5) the age, sex, race, and ethnicity of each law
enforcement officer referred to in paragraph (2);
(6) a brief description of each event in which the
discharge of a firearm by a law enforcement officer resulted
in the death of a civilian;
(7) the alleged criminal activity of each decedent
immediately preceding the use of force;
(8) the number of decedents referred to in paragraph (1)
who were armed, and the type of weapon that was in the
possession of such decedents;
(9) a description of the weapon used by each law
enforcement officer referred to in paragraph (2);
(10) a brief description of any injury sustained by a law
enforcement officer in conjunction with an event referred to
in paragraph (6);
(11) a brief description of the finding of the law
enforcement agency regarding whether the use of deadly force
was justified or unjustified; and
(12) the disposition of the case involving each law
enforcement officer referred to in paragraph (2), 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 the enactment of this Act, a State that
fails to submit the report required under subsection (a)
shall be subject to a 10-percent reduction of the amounts
that would otherwise be allocated to the State for that
fiscal year 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 to a State in a
fiscal year under a program referred to in paragraph (1) for
failure to submit the report required under subsection (a)
shall be reallocated under the program to States that have
submitted such report for that fiscal year.
(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:
``(l) Use of Force Reporting.--
``(1) Preferential consideration.--For each of the first 4
fiscal years beginning after the date of the enactment of the
Walter Scott Notification Act of 2018, the Attorney General
may give preferential consideration, if feasible, to an
application from an applicant in a State that has submitted
the report required under section 703(a) of such Act.
``(2) Reduction of grant amounts.--Beginning in the fifth
fiscal year beginning after the date of the enactment of the
Walter Scott Notification Act of 2018, a State that fails to
submit the report referred to in paragraph (1) shall be
subject to a 20-percent reduction of the amounts that would
otherwise be allocated to the State for such fiscal year
under this part.
``(3) Reallocation.--Amounts not allocated to a State for a
fiscal year under this part due to the State's failure to
submit the report referred to in paragraph (1) shall be
reallocated to States that have submitted such report.''.
(e) Independent Audit and Review.--Not later than 1 year
after the date of the enactment of this Act, and annually
thereafter, the Attorney General shall conduct an audit and
review of the information provided in the reports submitted
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 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 under this section.
(f) Public Availability of Data.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually 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 may 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
the 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), including standard and consistent definitions
for terms.
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