S.Amdt. 4116

SA 4116. Mr. SCOTT submitted an amendment intended to be proposed to
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the
bill S. 756, to reauthorize and amend the Marine Debris Act to promote
international action to reduce marine debris, and for other purposes;
which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE VII--WALTER SCOTT NOTIFICATION ACT OF 2018

SEC. 701. SHORT TITLE.

This title may be cited as the ``Walter Scott Notification
Act of 2018''.

SEC. 702. DEFINITIONS.

In this title--
(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. 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)(1),
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 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 703(a) of the Walter Scott
Notification Act of 2018.
``(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 703(a)
of the Walter Scott Notification Act of 2018 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 703(a) of the
Walter Scott Notification Act of 2018 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.) is in substantial compliance
with the requirements of this section,

[[Page S7661]]

unless the State has otherwise 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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