1. Short title
This Act may be cited as the “Deadly Force Independent Review Act of 2019”.
Deadly Force Independent Review Act of 2019
A BILL
To establish protocols for the investigation of uses of deadly force by Federal law enforcement officers, and for other purposes.
2. Protocol for investigation of use of deadly force by Federal law enforcement officer
Each Federal law enforcement agency shall establish a protocol for investigating any use of deadly force and shall commence such an investigation on each occasion that an officer of that agency uses deadly force.
3. Role of inspectors general
Review of agency investigations— If the investigation is not conducted by the inspector general for that agency then the inspector general shall conduct an independent review of the findings to verify that the investigation was sufficiently thorough, complied with the protocols, and that the findings were adequately supported by the evidence. If the investigation uncovers any wrongdoing, the findings will be reported to proper authorities for appropriate disciplinary action, including prosecution in the case of any criminal activity.
Council To establish uniform procedures— The Council of Inspectors General on Integrity and Efficiency shall establish a uniform, Governmentwide methodology for the reporting of any incident regarding the use of deadly force by an officer of a Federal law enforcement agency and develop uniform, Governmentwide guidelines for the investigation of such uses of deadly force.
4. Report
In general— The Council of Inspectors General shall submit a report each calendar quarter including a description of all instances of the use of deadly force by an officer of a Federal law enforcement agency, including any referrals for criminal prosecution, to—
the Committee on Oversight and Reform of the House of Representatives;
the Committee on Homeland Security and Governmental Affairs of the Senate;
the Committees on the Judiciary of the Senate and of the House of Representatives; and
the Comptroller General of the United States.
Data collection— The data collected and reported on under subsection (a) shall—
include identifying characteristics of the person who was the target of the use of deadly force and the officer who used deadly force, including—
race or ethnicity;
gender;
approximate age; and
the actual or perceived religious affiliation;
include the date, time, and location of such use of deadly force;
include the alleged criminal activity of the person who was the target of the use of deadly force;
include the nature of the deadly force used, including the use of a firearm;
include an explanation, if any, from the relevant law enforcement agency on why deadly force was used;
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;
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
not include personally identifiable information described in section 5.
5. 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—
released to the public;
disclosed to any person, except for—
such disclosures as are necessary to comply with this Act;
disclosures of information regarding a particular person to that person; or
disclosures pursuant to litigation; or
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.