DHS Use of Force Oversight Act

Legislative Summary: DHS Use of Force Oversight Act (H.R. 7119)

Overview

The DHS Use of Force Oversight Act is a legislative proposal introduced on January 15, 2026, designed to amend the Homeland Security Act of 2002. The primary intent of the bill is to establish a standardized, Department-wide policy governing the use of force and de-escalation by law enforcement officers and agents within the Department of Homeland Security (DHS).

Key Provisions

1. Standardized Use of Force Policy

The bill requires the Secretary of Homeland Security to implement a policy that mandates the following:
* Objective Reasonableness: Officers and agents may only use the amount of force that is "objectively reasonable" given the total circumstances.
* Warning Requirements: When feasible, officers must identify themselves and issue a verbal warning before applying force.
* Risk Mitigation: Officers must utilize tactics that bring incidents under control while minimizing the risk of unintended injury or property damage.
* Prohibited Techniques: The use of chokeholds and carotid restraints is explicitly prohibited when used to control non-compliant persons resisting arrest.

2. Training and Internal Governance

To ensure the policy is effective, the bill mandates:
* Mandatory Training: Both initial and recurrent training in the full range of use-of-force tactics, with a specific emphasis on de-escalation, which the policy must explicitly state is the preferred approach.
* Compliance Officers: Each DHS component must designate a subject matter expert to ensure policy compliance.
* Review Councils: Each component must maintain a "use of force review council" to analyze incidents, identify trends, and recommend improvements to training and tactics.

3. Transparency and Reporting

The bill establishes strict data collection and public reporting requirements:
* Semi-Annual Reports: Every six months, DHS must publish a report on its website detailing incidents involving:
* Death or injury to any person or officer.
* The discharge of firearms (deadly force).
* The intentional use of canines or less-than-lethal devices.
* Kinetic impact tactics or vehicles used as force.
* Disabling fire against aircraft or maritime vessels.
* Detailed Data: Reports must be disaggregated by department component and include the region, jurisdiction, and circumstances of each incident.
* Urgent Notification: In cases resulting in death or hospitalization, the Secretary must brief the relevant House and Senate committees and inform the public within 24 hours.

Affected Parties

• DHS Law Enforcement: Officers and agents across all DHS components (e.g., CBP, ICE, Secret Service) will be subject to these new standards and training requirements.
• DHS Leadership: The Secretary and component heads will be responsible for oversight, reporting, and the creation of review councils.
• The Public: Increased transparency through the six-month public reports and 24-hour notifications for critical incidents.

Oversight and Compliance

The Office of Inspector General (OIG) is tasked with conducting ongoing reviews to ensure the Department is complying with the use-of-force and training mandates established by this Act.