Sec. 223. Use of force reporting
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/bill/118/s/4991/is/section-223A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Beginning in the first fiscal year that begins after the date that is 1 year after the date of enactment of this Act, and each fiscal year thereafter, in which a law enforcement agency of a State, unit of local government, or Indian Tribe receives funds under the COPS grant program or a Byrne grant program, the law enforcement agency shall report use of force data to the Federal Bureau of Investigation Use of Force database biannually. Not later than 1 year after the date of enactment of this Act, the Attorney General, acting through the Director of the Federal Bureau of Investigation, shall expand the Federal Bureau of Investigation Use of Force database to include information relating to all deadly and less lethal use-of-force incidents.
A law enforcement agency of a State, unit of local government, or Indian Tribe is not required to include in a report under paragraph
(1)an incident reported by the law enforcement agency in accordance with section 20104(a)(2) of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12104(a)(2) ). Each law enforcement agency required to report data under this section shall maintain records relating to any matter so reportable for not less than 4 years after those records are created. Not later than 1 year after the date of enactment of this Act, and each year thereafter, each law enforcement agency of a State, unit of local government, or Indian Tribe described in paragraph
(1)shall— conduct an audit of its use of force incident reporting system; and submit a report to the Attorney General on the audit conducted under subparagraph (A). Prior to submitting a report under paragraph (1), the law enforcement agency of a State, unit of local government, or Indian Tribe submitting such report shall compare information relating to a use of deadly force by a law enforcement officer to publicly available sources, and shall revise such report to include any incident determined to be missing from the report based on such comparison. Failure to comply with the procedures described in the previous sentence shall be considered a failure to comply with the requirements of this section. For any fiscal year in which a law enforcement agency of a State, unit of local government, or Indian Tribe fails to comply with this section, the law enforcement agency, at the discretion of the Attorney General, shall be subject to not more than a 10-percent reduction of the funds that would otherwise be allocated for that fiscal year to the law enforcement agency under a Byrne grant program. Amounts not allocated under a Byrne grant program in accordance with paragraph
(1)to a State for failure to comply with this section shall be reallocated under the Byrne grant program to States that have not failed to comply with this section. The State or Indian Tribe shall ensure that all schools and local educational agencies within the jurisdiction of the State or Indian Tribe provide the State or Indian Tribe with the information needed regarding school resource officers to comply with this section. 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 this section. 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 ). 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)(2), which shall include standard and consistent definitions for terms.
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Sec. 223
Use of force reporting
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