DHS Use of Force Oversight Act

Subtitle H of Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section:

The Secretary shall implement a Department-wide policy on the use of force by law enforcement officers and agents of the Department to ensure such officers and agents—

(1) use only the amount of force that is objectively reasonable in light of the totality of the circumstances;

(2) when feasible, prior to the application of force, attempt to identify themselves and issue a verbal warning to comply with such officer or agent’s instructions;

(3) seek to employ tactics and techniques that—

(A) effectively bring an incident under control, while promoting the safety of such officers or agents and the public; and

(B) minimize the risk of unintended injury or serious property damage; and

(4) are prohibited from using chokeholds and carotid restraints as a means to control non-compliant persons resisting arrest.

The Department-wide policy under subsection (a) shall—

(1) specify in a clear and consistent manner that deescalation is preferred;

(2) require law enforcement officers or agents of the Department to complete initial and recurrent training in the full range of use of force tactics and techniques, including deescalation;

(3) require the head of each component of the Department with such officers or agents to—

(A) designate an individual, having subject matter expertise relating to the use of force, training, and the application of use of force tactics and techniques, including deescalation, to be responsible for ensuring compliance with such policy; and

(B) maintain a use of force review council or committee, the members of which shall have subject matter expertise described in subparagraph (A) to perform internal analysis of use of force incidents to—

(i) inform training, tactics, and techniques, and develop recommendations for improvements to such policy; and

(ii) identify trends and lessons learned to be shared within each such component and across the Department.

The Secretary shall carry out the following:

(A) Issue requirements for the head of each component of the Department to collect and maintain consistent data relating to the use of force within each such component necessary to publish the reports required under subparagraph (B).

(B) Publish, every six months, a report on the website of the Department that includes data relating to each incident during the previous six-month period in which force was used by a law enforcement officer or agent of the Department in any of the following circumstances:

(i) Such use of force caused any injury or death to—

(I) such an officer or agent; or

(II) a person.

(ii) Such use of force included deadly force against a person, including when a firearm is discharged at a person.

(iii) Such use of force included a less-than-lethal device or canine that was intentionally deployed against a person.

(iv) Such use of force involved a vehicle, weapon, or physical tactic or technique that delivers a kinetic impact to a person.

(v) Such use of force included disabling fire against a maritime vessel or aircraft.

Each report required under paragraph (1)(B) shall also include—

(A) data that—

(i) is disaggregated by Department component; and

(ii) describes—

(I) specific information on the region or jurisdiction in which each use of force incident included in such report occurred; and

(II) the circumstances surrounding each such incident; and

(B) a specification of whether a law enforcement officer or agent of the Department or other person was injured or killed in each such incident.

In conjunction with each report required under paragraph (1)(B), the Secretary shall publish a summary of any analyses under subsection (b)(3)(B) with respect to which, during the previous six-month period, final action was taken, including a summary of any findings resulting from any such analyses, including any findings relating to whether the uses of force contemplated by any such analyses complied with Federal law and Department-wide policy under subsection (a).

Not later than 24 hours after any use of force incident by a law enforcement officer or agent of the Department that results in the hospitalization or death of such an officer or agent or a person, the Secretary shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate and inform the public with respect to the facts ascertained relating to such incident.

Any information published or made available pursuant to this subsection shall be published or made available in a manner that protects individual privacy.

The Inspector General of the Department shall, on an ongoing basis, review compliance with subsections (a) and (b).

The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 890D the following new item: