,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #heig  ,,in ,,the ,,house ,,of  
,,representatives  ,october #af1        
#bjbj,mr4 ,carter of ,texas introduced  
the following bill2 which was referred  
to the ,committee on the ,judiciary  ,a 
,,bill  ,to improve the collection and  
retention of disciplinary records of law
 enforcement officers1 and for other    
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,policing           
,transparency ,act4  #b4 ,national      
,use-of-,force ,data ,collection        
,section #eja of title ,i of the        
,omnibus ,crime ,control and ,safe      
,streets ,act of #aifh 7#cd ,u4,s4,c4   
#ajaeb7 is amended by adding at the end 
the following3  7h7 ,national           
,use-of-,force ,data ,collection  7#a7  
,definitions ,in this section-- 7,a7 the
 term law enforcement officer-- 7i7     
means any officer1 agent1 or employee of
 a ,state1 unit of local government1 or 
an ,indian tribe authorized by law or by
 a government agency to engage in or    

supervise the prevention detection1 or  
investigation of any violation of       
criminal law1 or authorized by law to   
supervise sentenced criminal offenders2 
and  7ii7 includes an individual        
described in clause 7i7 who is employed 
or volunteers in a full-time1 part-time1
 or auxiliary capacity2  7,b7 the term  
,national ,use-of-,force ,data          
,collection means the ,national         
,use-of-,force ,data ,collection of the 
,federal ,bureau of ,investigation2 and 
7,c7 the term serious bodily injury     
means bodily injury that results in     
death1 unconsciousness1 protracted and  
obvious disfigurement1 or protracted    
loss or impairment of the function of a 
bodily member or organ4  7#b7 ,reporting
 requirement ,for each fiscal year in   
which a ,state or unit of local         
government receives funds under         
subsection 7a71 the ,state or unit of   
local government shall report to the    
,national ,use-of-,force ,data          
,collection on an annual basis and      

pursuant to guidelines established by   
the ,federal ,bureau of ,investigation1 
information regarding-- 7,a7 a          
use-of-force event by a law enforcement 
officer in the ,state or unit of local  
government that results in-- 7i7 the    
fatality of an individual that is       
connected to use of force by a law      
enforcement officer2  7ii7 the serious  
bodily injury of an individual that is  
connected to use of force by a law      
enforcement officer2 and  7iii7 in the  
absence of either death or serious      
bodily injury1 when a firearm is        
discharged by a law enforcement officer 
at or in the direction of an individual2
  7,b7 any event in which a firearm is  
discharged by a civilian at or in the   
direction of a law enforcement officer2 
and  7,c7 the death or serious bodily   
injury of a law enforcement officer that
 results from any discharge of a firearm
 by a civilian1 or any other means1     
including whether the law enforcement   
officer was killed or suffered serious  

bodily injury as part of an ambush or   
calculated attack4  7#c7 ,information   
required ,for each use-of-force event   
required to be reported under paragraph 
7#b71 the following information shall be
 provided1 as required by the ,federal  
,bureau of ,investigation3 7,a7         
,incident information1 including the    
type of incident1 the type of force     
used1 and the weapon type1 if           
applicable4  7,b7 ,subject information1 
including any injuries sustained by the 
subject and the race of the subject4    
7,c7 ,officer information1 including the
 race of each officer involved1 the     
length of service of each officer       
involved1 the number of officers        
involved1 and the size of the law       
enforcement agency that employs each    
such officer4  7#d7 ,compliance  7,a7   
,ineligibility for funds  7i7 ,first    
fiscal year  7,i7 ,states ,for the first
 fiscal year beginning after the date of
 enactment of the ,policing             
,transparency ,act in which a ,state    

fails to comply with paragraph 7#b7 with
 respect to a ,state law enforcement    
agency1 the ,state shall be subject to a
 #bj-percent reduction of the funds that
 would otherwise be allocated for       
retention by the ,state under section   
#eje7;c7 for that fiscal year1 and if   
any unit of local government within the 
,state fails to comply with paragraph   
7#b71 the ,state shall be subject to a  
reduction of the funds allocated for    
retention by the ,state under section   
#eje7;c7 that is equal to the percentage
 of the population of the ,state        
represented by the unit of local        
government1 not to exceed #bj percent4  
7,,ii7 ,local governments ,for the first
 fiscal year beginning after the date of
 enactment of the ,policing             
,transparency ,act in which a unit of   
local government fails to comply with   
paragraph 7#b71 the unit of local       
government shall be subject to a        
#bj-percent reduction of the funds that 
would otherwise be allocated to the unit

 of local government for that fiscal    
year under this subpart4  7ii7          
,subsequent fiscal years  7,i7 ,states  
,beginning in the first fiscal year     
beginning after the first fiscal year   
described in clause 7i77,i7 in which a  
,state fails to comply with paragraph   
7#b7 with respect to a ,state law       
enforcement agency1 the percentage by   
which the funds described in clause     
7i77,i7 are reduced shall be increased  
by #e percent each fiscal year the      
,state fails to comply with paragraph   
7#b71 except that such reduction shall  
not exceed #be percent in any fiscal    
year4  7,,ii7 ,local governments        
,beginning in the first fiscal year     
beginning after the first fiscal year   
described in clause 7i77,,ii7 in which a
 unit of local government fails to      
comply with paragraph 7#b71 the         
percentage by which the funds described 
in clause 7i77,,ii7 are reduced shall be
 increased by #e percent each fiscal    
year the unit of local government fails 

to comply with paragraph 7#b71 except   
that such reduction shall not exceed #be
 percent in any fiscal year4  7,b7      
,reallocation ,amounts not allocated    
under a program referred to in          
subparagraph 7,a7 to a ,state or unit of
 local government for failure to comply 
with paragraph 7#b7 shall be reallocated
 to the ,united ,states ,treasury4  7#e7
 ,public availability of data ,not later
 than #a year after the date of         
enactment of this ,act1 and each year   
thereafter1 the ,director of the        
,federal ,bureau of ,investigation shall
 publish1 and make available to the     
public1 the ,national ,use-of-,force    
,data ,collection4  7#f7 ,,fbi outreach 
and technical assistance ,the ,director 
of the ,federal ,bureau of              
,investigation shall provide to a ,state
 or unit of local government technical  
assistance and training for the         
collection and submission of data in    
accordance with this subsection4  4  #c4
 ,law enforcement records retention  7a7

 ,in general ,part ,e of title ,i of the
 ,omnibus ,crime ,control and ,safe     
,streets ,act of #aifh 7#cd ,u4,s4,c4   
#ajaea et seq47 is amended by adding at 
the end the following3  #d ,law         
enforcement records retention  #eca4    
,law enforcement records retention  7a7 
,definitions ,in this section-- 7#a7 the
 term applicable covered system1 with   
respect to a law enforcement agency1    
means the covered system of the covered 
government of which the law enforcement 
agency is part2  7#b7 the term covered  
government means a ,state or unit of    
local government2  7#c7 the term covered
 system means a system maintained by a  
covered government under subsection 7b72
 and  7#d7 the term disciplinary        
record-- 7,a7 means any written document
 regarding an allegation of misconduct  
by a law enforcement officer that-- 7i7 
is substantiated and is adjudicated by a
 government agency or court2 and  7ii7  
results in-- 7,i7 resignation1 dismissal
 of employment1 relief of duty status   

exceeding three days1 or another adverse
 action by the employing law enforcement
 agency resulting in the loss of pay or 
demotion2 or  7,,ii7 criminal charges2  
and  7,b7 does not include a written    
document regarding an allegation        
described in subparagraph 7,a7 if the   
adjudication described in clause 7i7 of 
that subparagraph has been overturned on
 appeal4  7b7 ,records retention        
requirements  7#a7 ,records retention   
system ,a covered government that       
receives funds under this part shall    
maintain a system for sharing           
disciplinary records of law enforcement 
officers that meets the requirements    
under paragraph 7#b74  7#b7             
,requirements ,in administering a       
covered system1 a covered government    
shall-- 7,a7 retain each disciplinary   
record or internal investigation record 
regarding a law enforcement officer that
 is prepared by a law enforcement agency
 of the covered government1 and retain1 
for each law enforcement officer with   

respect to whom a record is retained    
under this subparagraph1 at the time of 
the creation of the record-- 7i7 the    
number of official claims made against  
the officer and investigations regarding
 the officer that were based on         
discrimination2  7ii7 the number of     
investigations with respect to which the
 complaint was determined to be         
unfounded2 and  7iii7 the total number  
of official civilian interactions       
7including traffic stops and arrests7   
the officer has had during their        
employment with the law enforcement     
agency2  7,b7 retain a record of each   
award or commendation regarding a law   
enforcement officer that is prepared by 
a law enforcement agency of the covered 
government2  7,c7 establish a policy    
that ensures that each record included  
in the covered system is retained and   
accessible for not less than #bj years2 
7,d7 allow a law enforcement officer1   
counsel for a law enforcement officer1  
or the representative organization of a 

law enforcement officer to-- 7i7 submit 
information to the covered system       
relating to a disciplinary record or    
internal investigation record regarding 
the law enforcement officer that is     
retained under subparagraph 7,a72 or    
7ii7 obtain access to the covered system
 in order to review a disciplinary      
record or internal investigation record 
described in clause 7i72  7,e7 allow any
 ,federal1 ,state1 or local law         
enforcement agency to access any record 
included in the covered system for the  
purpose of making a decision to hire a  
law enforcement officer2  7,f7 require  
that1 before hiring a law enforcement   
officer1 a representative of a law      
enforcement agency of the covered       
government with hiring authority-- 7i7  
search the applicable covered system of 
each law enforcement agency that has    
employed the applicant as a law         
enforcement officer in order to         
determine whether the applicant has a   
disciplinary record1 internal           

investigation record1 or record of an   
award or commendation on file2 and  7ii7
 if a record described in clause 7i7    
exists1 review the record in full before
 hiring the law enforcement officer2 and
  7,g7 prohibit access to the covered   
system by any individual other than an  
individual who is authorized to access  
the covered system for purposes of-- 7i7
 submitting records or other information
 to the covered system as described in  
subparagraphs 7,a71 7,b71 and 7,d72 or  
7ii7 reviewing records or other         
information in the covered system as    
described in subparagraphs 7,e7 and     
7,f74  7c7 ,ineligibility for funds     
7#a7 ,in general ,a covered government  
may not receive funds under section     
#eje1 #ejf1 #eae1 or #eaf unless the    
covered government is in compliance with
 subsection 7b7 of this section4  7#b7  
,reallocation ,amounts not allocated    
under a section referred to in paragraph
 7#a7 to a covered government for       
failure to comply with subsection 7b7   

shall be reallocated to the ,united     
,states ,treasury4  7d7 ,one-,time grant
  7#a7 ,in general ,the ,attorney       
,general shall award a grant to each    
,state1 using an apportionment formula  
that reflects the differences between   
each ,state1 to be used by the ,state   
and units of local government within the
 ,state to establish covered systems4   
7#b7 ,amount ,the amount of a grant     
awarded to a ,state under paragraph 7#a7
 shall be not less than #a1jjj1jjj4     
7#c7 ,direct appropriations ,for the    
purpose of making grants under this     
subsection1 there is authorized to be   
appropriated #ajj1jjj1jjj1 to remain    
available until expended4  7e7          
,indemnification  7#a7 ,in general ,the 
,united ,states shall indemnify and hold
 harmless a covered government1 and any 
law enforcement agency thereof1 against 
any claim 7including reasonable expenses
 of litigation or settlement7 by any    
person or entity related to-- 7,a7 the  
retention of records in a covered system

 as required under subsection 7b72 or   
7,b7 the review of records included in a
 covered system as required under       
subsection 7b74  7#b7 ,limitation       
,paragraph 7#a7 shall not apply to the  
release of a record-- 7,a7 to a non-law 
enforcement entity or individual2 or    
7,b7 for a purpose other than making a  
decision to hire a law enforcement      
officer4  4  7b7 ,effective date        
,section #eca7;c7 of title ,i of the    
,omnibus ,crime ,control and ,safe      
,streets ,act of #aifh1 as added by     
subsection 7a71 shall take effect on    
,october #a of the first fiscal year    
beginning after the date of enactment of
 this ,act4