,,ii #aagth ,,congress #ast ,session ,s4 #edj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #b 7legislative day1 ,march #a71 #bjba,mr4 ,kaine introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to require ,federal1 ,state1 and local law enforcement agencies to report information related to allegations of misconduct of law enforcement officers to the ,attorney ,general1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,cost of ,police ,misconduct ,act of #bjba4 #b4 ,reporting requirement 7a7 ,identification requirement 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,attorney ,general shall identify-- 7,a7 the total number of ,federal law enforcement agencies in the ,federal ,government2 and 7,b7 the name of each ,federal law enforcement agency in the ,federal ,government4 7#b7 ,publication ,the ,attorney ,general shall make publicly available on the internet website of the ,department of ,justice the information under paragraph 7#a71 and update such identification information on an annual basis4 7b7 ,federal law enforcement requirements 7#a7 ,data collection ,on and after the date that is #abj days after the date of the enactment of this ,act1 a ,federal law enforcement agency identified under subsection 7a77#a7 shall collect the information described in paragraph 7#c7 of this subsection relating to allegations of misconduct by any ,federal law enforcement officer employed by the agency and any judgments or settlements with respect to such allegations of misconduct4 7#b7 ,data reporting 7,a7 ,in general ,not later than #fj days after the last day of each year that begins after the date of the enactment of this ,act1 a ,federal law enforcement agency identified under subsection 7a77#a7 shall report to the ,attorney ,general1 pursuant to guidelines established by the ,attorney ,general1 for the preceding year and with respect to the ,federal law enforcement agency1 the information described in paragraph 7#c74 7,b7 ,extension ,the ,attorney ,general may extend the deadline under subparagraph 7,a7 by #fj days for a ,federal law enforcement agency that is making good faith efforts to comply with the requirement under that subparagraph4 7,c7 ,scope of initial report ,the first report submitted by a ,federal law enforcement agency under subparagraph 7,a7 shall include data collected prior to the year covered by the report1 if the data collection requirement under paragraph 7#a7 applies to any period prior to that year4 7#c7 ,information required ,the information described in this paragraph1 for a particular year and with respect to a ,federal law enforcement agency1 is the following3 7,a7 ,the total number of allegations of misconduct by a ,federal law enforcement officer made during the year4 7,b7 ,the total number of judgments entered or settlements entered into during the year with respect to allegations of misconduct by a ,federal law enforcement officer4 7,c7 ,for each allegation of misconduct identified in subparagraph 7,a7 or judgment or settlement with respect to allegations of misconduct identified in subparagraph 7,b73 7i7 ,the race1 ethnicity1 sex1 and age of each officer and civilian involved4 7ii7 ,the year in which the alleged misconduct took place4 7iii7 ,the year in which the allegation was reported4 7iv7 ,the type of allegation1 which may include a body camera violation 7whether a failure to wear or record71 use of force 7including the type of force71 a collision1 racial profiling1 negligence1 property damage1 sexual harassment or assault1 false testimony1 wrongful death1 failure of a duty to intervene1 or wrongful imprisonment4 7v7 ,any personnel action taken by the officer involved1 which may include resignation or retirement4 7vi7 ,any personnel action taken by the ,federal law enforcement agency involved1 which may include termination1 demotion1 or relocation of the officer involved4 7vii7 ,in the case of a judgment or settlement1 the total amount paid to satisfy the judgment or settlement 7and related court fees71 regardless of the source of the payment4 7viii7 ,in the case of a judgment or settlement1 the source of money used to pay the judgment or settlement 7and related court fees71 including whether the money came from amounts appropriated under section #acjd of title #ca1 ,united ,states ,code 7commonly known as the 8,judgment ,fund071 amounts appropriated to the ,federal law enforcement agency1 or another source4 7,d7 ,the total amount paid pursuant to such judgments and settlements 7and related court fees7 by the ,federal law enforcement agency4 7c7 ,state and local law enforcement requirements 7#a7 ,definition ,in this subsection1 the term ,byrne ,,jag program means any grant program under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq474 7#b7 ,requirements 7,a7 ,data collection ,on and after the date that is #abj days after the date of the enactment of this ,act1 a ,state or unit of local government that receives funds under the ,byrne ,,jag program shall collect information relating to allegations of misconduct by any law enforcement officer employed by a law enforcement agency of the ,state or unit of local government1 respectively1 and any judgments or settlements with respect to such allegations of misconduct that is substantially similar to the information described in subsection 7b77#c74 7,b7 ,data reporting 7i7 ,in general ,not later than #fj days after the last day of each year that begins after the date of the enactment of this ,act1 a ,state or unit of local government that receives funds under the ,byrne ,,jag program shall submit to the ,attorney ,general1 pursuant to guidelines established by the ,attorney ,general1 for the preceding year and with respect to each law enforcement agency of the ,state or unit of local government1 respectively1 the information collected under subparagraph 7,a74 7ii7 ,extension ,the ,attorney ,general may extend the deadline under clause 7i7 by #fj days for a ,state or local government that is making good faith efforts to comply with the requirement under that clause4 7iii7 ,source of money for judgments and settlements ,for purposes of clause 7i71 in reporting the source of money used to pay a judgment or settlement 7and related court fees71 as described in subsection 7b77#c77;,c77viii71 a ,state or unit of local government shall disclose whether the money came from a general operating budget1 ,state or local law enforcement agency budget1 bonds1 liability insurance1 a central risk management fund or pool1 or other source4 7iv7 ,scope of initial report ,the first report submitted by a ,state or local government under clause 7i7 shall include data collected prior to the year covered by the report1 if the data collection requirement under subparagraph 7,a7 applies to any period prior to that year4 7#c7 ,ineligibility for funds 7,a7 ,in general ,a ,state or unit of local government that fails to comply with the requirements under paragraph 7#b7 shall be subject to not more than a #aj-percent reduction of the funds that would otherwise be allocated to the ,state or unit of local government under the ,byrne ,,jag program for-- 7i7 the fiscal year in which the failure to comply occurs2 or 7ii7 the subsequent fiscal year4 7,b7 ,reallocation ,amounts not allocated under the ,byrne ,,jag program to a ,state or unit of local government for failure to fully comply with paragraph 7#b7 shall be reallocated under that program to ,states or units of local government that have complied with such paragraph4 7#d7 ,open-source data ,not later than #cj days after each date on which the ,attorney ,general receives information reported under paragraph 7#b7 from a ,state or unit of local government1 the ,attorney ,general shall verify such information reported using open-source data1 as practicable1 including using data from newspaper and court records4 7d7 ,study and reports required 7#a7 ,,gao study and report 7,a7 ,study ,after data has been collected under subsections 7b7 and 7c7 for #b full years1 the ,comptroller ,general of the ,united ,states shall carry out a study on such data1 including-- 7i7 the number of ,federal1 ,state1 and local law enforcement agencies reporting such data to the ,attorney ,general2 7ii7 a determination of the leading cause of judgments and settlements against ,federal1 ,state1 and local law enforcement agencies2 7iii7 an analysis of any relationship between the number of judgments and settlements and the actions taken by ,federal1 ,state1 or local law enforcement agencies1 including the agency's process of enforcing the law1 such agency's culture1 and any new programs established by the agency to enforce the law2 7iv7 recommendations with respect to how a ,federal1 ,state1 or local law enforcement agency may reduce misconduct leading to judgments or settlements2 7v7 identification of ,federal1 ,state1 local law enforcement agencies that have spent the most money with respect to judgments and settlements 7and related court fees72 7vi7 the total amount of money spent by ,federal1 ,state1 and local law enforcement agencies on judgments or settlements 7and related court fees71 disaggregated by ,state2 and 7vii7 the average amount of money spent on judgments or settlements 7and related court fees7 by-- 7,i7 ,federal law enforcement agencies2 7,,ii7 ,state law enforcement agencies2 and 7,,iii7 local law enforcement agencies4 7,b7 ,report and press release ,not later than #abj days after the last day of the third year that begins after the date of the enactment of this ,act1 the ,comptroller ,general1 in consultation with the ,attorney ,general1 shall-- 7i7 prepare and submit to ,congress a report that contains the findings of the study under subparagraph 7,a72 7ii7 make the report described in clause 7i7 publicly available through the internet website of the ,government ,accountability ,office2 and 7iii7 release a press release with respect to the study under paragraph 7,a74 7#b7 ,,doj press release ,not later than #ahj days after the last day of the first year that begins after the date of the enactment of this ,act1 and annually thereafter1 the ,attorney ,general shall issue a press release summarizing the data collected under subsections 7b7 and 7c7 for the year prior to the release of such press release4 7#c7 ,database 7,a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,attorney ,general shall create and maintain online a public1 searchable database containing all data reported under subsections 7b7 and 7c71 subject to any otherwise applicable confidentiality requirements4 ,such publication shall not include any personally identifiable information of any law enforcement officer4 7,b7 ,database updates ,the ,attorney ,general shall update the database created under subparagraph 7,a7 on an annual basis with data reported under subsections 7b7 and 7c74 7e7 ,rule of construction ,nothing in this section shall be construed to supersede the requirements or limitations under section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act of #aigd74 7f7 ,definitions ,in this section3 7#a7 ,allegation of misconduct ,the term allegation of misconduct means an allegation by a member of the community or other individual that a law enforcement officer took illegal1 tortious1 or otherwise inappropriate action in connection with the official duties of the officer4 7#b7 ,judgment ,the term judgment means the final court order in a civil action that resolves all issues in dispute and settles the parties' rights with respect to those issues4 7#c7 ,law enforcement agency ,the term law enforcement agency means a ,federal1 ,state1 or local agency engaged in the prevention1 detection1 investigation1 prosecution1 or adjudication of violations of the law in the ,united ,states4 7#d7 ,settlement ,the term settlement means an agreement that resolves-- 7,a7 a civil action prior to the entry of judgment2 or 7,b7 a legal dispute prior to the filing of a complaint or petition4