,,ii  #aahth ,,congress  #ast ,session  
,s4 #bhhc  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #ba1
 #bjbc,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 #bjbc4  #b4         
,reporting requirement  7a7 ,definitions
 ,in this section3 7#a7 ,allegation of  
misconduct ,the term allegation of      
misconduct means an allegation by a     
member of the community1 a fellow law   
enforcement officer1 or other individual
 that a law enforcement officer took an 
unlawful under ,state or ,federal law1  
tortious1 or otherwise inappropriate    
action in connection with the official  

duties of the officer4  7#b7 ,byrne     
,,jag program ,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#c7 ,civil rights    
organization ,the term civil rights     
organization means an organization that 
monitors the equitable enforcement of   
and treatment under the law and that has
 a national presence and membership4    
7#d7 ,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#e7 ,law enforcement
 agency ,the term law enforcement agency
 means an agency engaged in the         
prevention1 detection1 investigation1   
prosecution1 or adjudication of         
violations of the law in the ,united    
,states4  7#f7 ,misconduct ,the term    
misconduct means an instance in which a 
law enforcement officer took an unlawful

 under ,state or ,federal law1 tortious1
 or otherwise inappropriate action in   
connection with the official duties of  
the officer4  7#g7 ,professional law    
enforcement association ,the term       
professional law enforcement association
 means a law enforcement membership     
association that works for the needs of 
,federal1 ,state1 local1 or ,indian     
,tribal law enforcement agencies and    
with the civilian community on matters  
of common interest1 such as the         
,hispanic ,american ,police ,command    
,officers ,association 7,,hapcoa71 the  
,national ,asian ,pacific ,officers     
,association 7,,napoa71 the ,national   
,black ,police ,association 7,,nbpa71   
the ,national ,latino ,peace ,officers  
,association 7,,nlpoa71 the ,national   
,organization of ,black ,law            
,enforcement ,executives 7,,noble71     
,women in ,law ,enforcement1 the ,native
 ,american ,law ,enforcement            
,association 7,,nalea71 the             
,international ,association of ,chiefs  

of ,police 7,,iacp71 the ,national      
,sheriffs' ,association 7,,nsa71 the    
,fraternal ,order of ,police 7,,fop71 or
 the ,national ,association of ,school  
,resource ,officers4  7#h7 ,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  7b7           
,identification requirement  7#a7 ,in   
general ,not later than #ij days after  
the date of enactment of this ,act1 and 
annually thereafter1 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 ,not    
later than #abj days after the date of  
enactment of this ,act1 and annually    
thereafter1 the ,attorney ,general shall
 make publicly available on the internet
 website of the ,department of ,justice 

the information under paragraph 7#a74   
7c7 ,federal law enforcement            
requirements  7#a7 ,data collection     
,beginning on the date that is #abj days
 after the date of enactment of this    
,act1 a ,federal law enforcement agency 
identified under subsection 7b77#a7     
shall collect the information described 
in paragraph 7#b7 of this subsection    
relating to any judgments or settlements
 with respect to such allegations of    
misconduct4  7#b7 ,information required 
,with respect to the preceding year1 a  
,federal law enforcement agency         
identified under subsection 7b77#a7     
shall collect the following information3
 7,a7 ,the total number of judgments or 
settlements entered into during the year
 with respect to allegations of         
misconduct by a ,federal law enforcement
 officer employed by such agency4  7,b7 
,for each judgment or settlement with   
respect to allegations of misconduct    
identified in subparagraph 7,a73 7i7    
,the race1 ethnicity1 sex1 and age of   

each ,federal law enforcement officer   
and civilian involved1 if known4  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 ,the total amount paid to satisfy 
the judgment or settlement 7and related 
court fees71 regardless of the source of
 the payment4  7viii7 ,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  7ix7 ,any injunctive or
 declaratory relief awarded1 or any     
comparable terms in any settlement      
agreement4  7,c7 ,the total amount paid 
pursuant to such judgments and          
settlements 7and related court fees7 by 
the ,federal law enforcement agency4    
7#c7 ,reports required  7,a7 ,in general
 ,not later than #fj days after the last
 day of each year that begins after the 
date of enactment of this ,act1 a       
,federal law enforcement agency         
identified under subsection 7b77#a7     
shall report to the ,attorney ,general1 
pursuant to guidelines established by   
the ,attorney ,general1 the information 
collected pursuant to paragraph 7#a7 for

 the preceding year4  7,b7 ,extension   
,the ,attorney ,general may extend the  
deadline under subparagraph 7,a7 by not 
more than #fj days for a ,federal law   
enforcement agency that the ,attorney   
,general determines is making good faith
 efforts to comply with the requirement 
under such 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  7d7 ,state and local law        
enforcement requirements  7#a7          
,requirements  7,a7 ,notification ,not  
later than #cj days after the date of   
enactment of this ,act1 the ,attorney   
,general shall notify each ,state or    
unit of local government that receives  
funds under the ,byrne ,,jag program of 
the requirement under subparagraph 7,b74
  7,b7 ,data collection ,on and after   

the date that is #abj days after the    
date of enactment of this ,act1 each    
,state or unit of local government that 
receives funds under the ,byrne ,,jag   
program shall collect information       
relating to any judgments or settlements
 with respect to any allegations of     
misconduct that is substantially similar
 to the information described in        
subsection 7c77#b74  7,c7 ,data         
reporting  7i7 ,in general ,not later   
than #fj days after the last day of each
 year that begins after the date of     
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,b74  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 7c77#b77;,c77viii71 a     
,state or unit of local government shall
 disclose the portion of the judgment or
 settlement payment that 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 ,insurance1 bonds1 and    
risk management funds ,for purposes of  
clause 7i71 a ,state or unit of local   
government shall disclose-- 7,i7 the    
total amount1 if any1 spent on any      
insurance premiums paid by the ,state or
 unit of local government for insurance 
against law enforcement misconduct2     

7,,ii7 if any portion of a settlement is
 paid with bonds1 the amount of the     
bond1 as well as the total future cost  
of the bond1 including any interest and 
fees2 and  7,,iii7 the total amount1 if 
any1 that the ,state or unit of local   
government contributed to any central   
risk management fund or pool toward the 
settlement of law enforcement misconduct
 claims4  7v7 ,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,b7 applies to any period 
prior to that year4  7vi7 ,publication  
,not later than #cj days after the date 
on which a ,state or unit of local      
government submits to the ,attorney     
,general the information collected under
 subparagraph 7,b7 in accordance with   
the requirements of this subparagraph1  
the ,state or unit of local government  
shall publish such information on the   

respective website of the ,state or unit
 of local government4  7#b7             
,ineligibility for funds  7,a7 ,in      
general ,a ,state or unit of local      
government that fails to comply with the
 requirements under paragraph 7#a7 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 program1 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 ,cops on the ,beat program    
under part ,q of title ,i of the        
,omnibus ,crime ,control and ,safe      
,streets ,act of #aifh 7#cd ,u4,s4,c4   
#ajcha et seq471 or both1 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 or the ,cops on the ,beat 
program under part ,q of title ,i of the

 ,omnibus ,crime ,control and ,safe     
,streets ,act of #aifh 7#cd ,u4,s4,c4   
#ajcha et seq47 to a ,state or unit of  
local government for failure to fully   
comply with paragraph 7#a7 shall be     
reallocated under the relevant program  
to ,states or units of local government 
that have complied with such paragraph4 
7#c7 ,open-source data ,not later than  
#cj days after each date on which the   
,attorney ,general receives information 
reported under paragraph 7#a7 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  
7e7 ,study and reports required  7#a7   
,,gao study and report  7,a7 ,study     
,after data has been collected and      
reported under subsections 7c7 and 7d7  
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 process of the agency to  
enforce the law1 the culture of the     
agency1 and any new programs established
 by the ,federal1 ,state1 or local law  
enforcement 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 
and 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  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      
agencies2  7viii7 an assessment of--    
7,i7 how efficiently and effectively the
 ,attorney ,general collects and        
disseminates data collected under       
subsections 7c7 and 7d72 and  7,,ii7 how
 the ,attorney ,general may improve     
coordination with ,state and local law  
enforcement agencies regarding any      
review process for allegations of       
misconduct1 including how the agencies  
implement consent decrees and initiate  
pattern and practice investigations     
relating to allegations of misconduct2  
and  7ix7 a review by the ,attorney     
,general of the data collection         

practices carried out pursuant to       
subsections 7c7 and 7d7 and             
recommendations relating to how such    
practices may be improved4  7,b7 ,report
 ,not later than #abj days after the    
last day of the third year that begins  
after the date of enactment of this     
,act1 the ,comptroller ,general1 in     
consultation with the ,attorney         
,general1 shall-- 7i7 prepare and submit
 to the ,committee on the ,judiciary of 
the ,senate and the ,committee on the   
,judiciary of the ,house of             
,representatives a report that contains 
the findings of the study under         
subparagraph 7,a72 and  7ii7 make the   
report described in clause 7i7 available
 to the public4  7#b7 ,department of    
,justice report  7,a7 ,in general ,not  
later than #abj days after the last day 
of the third year that begins after the 
date of enactment of this ,act1 and     
annually thereafter1 the ,attorney      
,general shall-- 7i7 prepare and submit 
to the ,committee on the ,judiciary of  

the ,senate and the ,committee on the   
,judiciary of the ,house of             
,representatives a report that includes 
the information described in            
subparagraph 7,b72 and  7ii7 subject to 
subsection 7f7 and notwithstanding any  
other provision of ,federal law relating
 to privacy1 make the report described  
in clause 7i7 available to the public4  
7,b7 ,contents ,the report submitted    
under subparagraph 7,a7 shall include-- 
7i7 recommendations for law enforcement 
agencies relating to the use of force2  
7ii7 best practices1 created in         
consultation with law enforcement       
organizations1 professional law         
enforcement associations1 and civil     
rights organizations1 for methods by    
which law enforcement agencies may      
reduce instances of misconduct2  7iii7  
an analysis of data relating to         
judgments and settlements reported by   
,state and local law enforcement        
agencies under subsection 7d72 and  7iv7
 any other relevant information relating

 to data and information collected under
 subsections 7c7 and 7d74  7#c7         
,database  7,a7 ,in general ,not later  
than #a year after the date of enactment
 of this ,act1 the ,attorney ,general   
shall create and maintain on the        
internet website of the ,department of  
,justice a public1 searchable database  
containing all data reported under      
subsections 7c7 and 7d71 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 7c7 and 7d74  7f7     
,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