II 118th CONGRESS 1st Session S. 2883 IN THE SENATE OF THE UNITED STATES September 21, 2023 Mr. Kaine introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require Federal, State, and local law enforcement agencies to report information related to allegations of misconduct of law enforcement officers to the Attorney General, and for other purposes.

1. Short title This Act may be cited as the Cost of Police Misconduct Act of 2023 . 2. Reporting requirement (a) Definitions In this section: (1) Allegation of misconduct The term allegation of misconduct means an allegation by a member of the community, a fellow law enforcement officer, or other individual that a law enforcement officer took an unlawful under State or Federal law, tortious, or otherwise inappropriate action in connection with the official duties of the officer. (2) Byrne JAG program The term Byrne JAG program means any grant program 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. ). (3) 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 membership. (4) 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 issues. (5) Law enforcement agency The term law enforcement agency means an agency engaged in the prevention, detection, investigation, prosecution, or adjudication of violations of the law in the United States. (6) Misconduct The term misconduct means an instance in which a law enforcement officer took an unlawful under State or Federal law, tortious, or otherwise inappropriate action in connection with the official duties of the officer. (7) Professional law enforcement association The term professional law enforcement association means a law enforcement membership association that works for the needs of Federal, State, local, or Indian Tribal law enforcement agencies and with the civilian community on matters of common interest, such as the Hispanic American Police Command Officers Association (HAPCOA), the National Asian Pacific Officers Association (NAPOA), the National Black Police Association (NBPA), the National Latino Peace Officers Association (NLPOA), the National Organization of Black Law Enforcement Executives (NOBLE), Women in Law Enforcement, the Native American Law Enforcement Association (NALEA), the International Association of Chiefs of Police (IACP), the National Sheriffs’ Association (NSA), the Fraternal Order of Police (FOP), or the National Association of School Resource Officers. (8) Settlement The term settlement means an agreement that resolves— (A) a civil action prior to the entry of judgment; or (B) a legal dispute prior to the filing of a complaint or petition. (b) Identification requirement (1) In general Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Attorney General shall identify— (A) the total number of Federal law enforcement agencies in the Federal Government; and (B) the name of each Federal law enforcement agency in the Federal Government. (2) Publication Not later than 120 days after the date of enactment of this Act, and annually thereafter, the Attorney General shall make publicly available on the internet website of the Department of Justice the information under paragraph (1). (c) Federal law enforcement requirements (1) Data collection Beginning on the date that is 120 days after the date of enactment of this Act, a Federal law enforcement agency identified under subsection (b)(1) shall collect the information described in paragraph (2) of this subsection relating to any judgments or settlements with respect to such allegations of misconduct. (2) Information required With respect to the preceding year, a Federal law enforcement agency identified under subsection (b)(1) shall collect the following information: (A) 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 agency. (B) For each judgment or settlement with respect to allegations of misconduct identified in subparagraph (A): (i) The race, ethnicity, sex, and age of each Federal law enforcement officer and civilian involved, if known. (ii) The year in which the alleged misconduct took place. (iii) The year in which the allegation was reported. (iv) The type of allegation, which may include a body camera violation (whether a failure to wear or record), use of force (including the type of force), a collision, racial profiling, negligence, property damage, sexual harassment or assault, false testimony, wrongful death, failure of a duty to intervene, or wrongful imprisonment. (v) Any personnel action taken by the officer involved, which may include resignation or retirement. (vi) Any personnel action taken by the Federal law enforcement agency involved, which may include termination, demotion, or relocation of the officer involved. (vii) The total amount paid to satisfy the judgment or settlement (and related court fees), regardless of the source of the payment. (viii) The source of money used to pay the judgment or settlement (and related court fees), including whether the money came from amounts appropriated under section 1304 of title 31, United States Code (commonly known as the “Judgment Fund”), amounts appropriated to the Federal law enforcement agency, or another source. (ix) Any injunctive or declaratory relief awarded, or any comparable terms in any settlement agreement. (C) The total amount paid pursuant to such judgments and settlements (and related court fees) by the Federal law enforcement agency. (3) Reports required (A) In general Not later than 60 days after the last day of each year that begins after the date of enactment of this Act, a Federal law enforcement agency identified under subsection (b)(1) shall report to the Attorney General, pursuant to guidelines established by the Attorney General, the information collected pursuant to paragraph (1) for the preceding year. (B) Extension The Attorney General may extend the deadline under subparagraph (A) by not more than 60 days for a Federal law enforcement agency that the Attorney General determines is making good faith efforts to comply with the requirement under such subparagraph. (C) Scope of initial report The first report submitted by a Federal law enforcement agency under subparagraph (A) shall include data collected prior to the year covered by the report, if the data collection requirement under paragraph (1) applies to any period prior to that year. (d) State and local law enforcement requirements (1) Requirements (A) Notification Not later than 30 days after the date of enactment of this Act, 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 (B). (B) Data collection On and after the date that is 120 days after the date of enactment of this Act, 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 (c)(2). (C) Data reporting (i) In general Not later than 60 days after the last day of each year that begins after the date of enactment of this Act, a State or unit of local government that receives funds under the Byrne JAG program shall submit to the Attorney General, pursuant to guidelines established by the Attorney General, for the preceding year and with respect to each law enforcement agency of the State or unit of local government, respectively, the information collected under subparagraph (B). (ii) Extension The Attorney General may extend the deadline under clause (i) by 60 days for a State or local government that is making good faith efforts to comply with the requirement under that clause. (iii) Source of money for judgments and settlements For purposes of clause (i), in reporting the source of money used to pay a judgment or settlement (and related court fees), as described in subsection (c)(2)(C)(viii), a State or unit of local government shall disclose the portion of the judgment or settlement payment that came from a general operating budget, State or local law enforcement agency budget, bonds, liability insurance, a central risk management fund or pool, or other source. (iv) Insurance, bonds, and risk management funds For purposes of clause (i), a State or unit of local government shall disclose— (I) the total amount, if any, spent on any insurance premiums paid by the State or unit of local government for insurance against law enforcement misconduct; (II) if any portion of a settlement is paid with bonds, the amount of the bond, as well as the total future cost of the bond, including any interest and fees; and (III) the total amount, if any, that the State or unit of local government contributed to any central risk management fund or pool toward the settlement of law enforcement misconduct claims. (v) Scope of initial report The first report submitted by a State or local government under clause (i) shall include data collected prior to the year covered by the report, if the data collection requirement under subparagraph (B) applies to any period prior to that year. (vi) Publication Not later than 30 days after the date on which a State or unit of local government submits to the Attorney General the information collected under subparagraph (B) in accordance with the requirements of this subparagraph, the State or unit of local government shall publish such information on the respective website of the State or unit of local government. (2) Ineligibility for funds (A) In general A State or unit of local government that fails to comply with the requirements under paragraph (1) shall be subject to not more than a 10-percent reduction of the funds that would otherwise be allocated to the State or unit of local government under the Byrne JAG program, not more than a 10-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 1968 ( 34 U.S.C. 10381 et seq. ), or both, for— (i) the fiscal year in which the failure to comply occurs; or (ii) the subsequent fiscal year. (B) 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 1968 ( 34 U.S.C. 10381 et seq. ) to a State or unit of local government for failure to fully comply with paragraph (1) shall be reallocated under the relevant program to States or units of local government that have complied with such paragraph. (3) Open-source data Not later than 30 days after each date on which the Attorney General receives information reported under paragraph (1) from a State or unit of local government, the Attorney General shall verify such information reported using open-source data, as practicable, including using data from newspaper and court records. (e) Study and reports required (1) GAO study and report (A) Study After data has been collected and reported under subsections (c) and (d) for 2 full years, the Comptroller General of the United States shall carry out a study on such data, including— (i) the number of Federal, State, and local law enforcement agencies reporting such data to the Attorney General; (ii) a determination of the leading cause of judgments and settlements against Federal, State, and local law enforcement agencies; (iii) an analysis of any relationship between the number of judgments and settlements and the actions taken by Federal, State, or local law enforcement agencies, including the process of the agency to enforce the law, the culture of the agency, and any new programs established by the Federal, State, or local law enforcement agency to enforce the law; (iv) recommendations with respect to how a Federal, State, or local law enforcement agency may reduce misconduct leading to judgments or settlements; (v) identification of Federal, State, and local law enforcement agencies that have spent the most money with respect to judgments and settlements (and related court fees); (vi) the total amount of money spent by Federal, State, and local law enforcement agencies on judgments or settlements (and related court fees), disaggregated by State; (vii) the average amount of money spent on judgments or settlements (and related court fees) by— (I) Federal law enforcement agencies; (II) State law enforcement agencies; and (III) local law enforcement agencies; (viii) an assessment of— (I) how efficiently and effectively the Attorney General collects and disseminates data collected under subsections (c) and (d); and (II) how the Attorney General may improve coordination with State and local law enforcement agencies regarding any review process for allegations of misconduct, including how the agencies implement consent decrees and initiate pattern and practice investigations relating to allegations of misconduct; and (ix) a review by the Attorney General of the data collection practices carried out pursuant to subsections (c) and (d) and recommendations relating to how such practices may be improved. (B) Report Not later than 120 days after the last day of the third year that begins after the date of enactment of this Act, the Comptroller General, in consultation with the Attorney General, shall— (i) 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 (A); and (ii) make the report described in clause (i) available to the public. (2) Department of Justice report (A) In general Not later than 120 days after the last day of the third year that begins after the date of enactment of this Act, and annually thereafter, the Attorney General shall— (i) 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 (B); and (ii) subject to subsection (f) and notwithstanding any other provision of Federal law relating to privacy, make the report described in clause (i) available to the public. (B) Contents The report submitted under subparagraph (A) shall include— (i) recommendations for law enforcement agencies relating to the use of force; (ii) best practices, created in consultation with law enforcement organizations, professional law enforcement associations, and civil rights organizations, for methods by which law enforcement agencies may reduce instances of misconduct; (iii) an analysis of data relating to judgments and settlements reported by State and local law enforcement agencies under subsection (d); and (iv) any other relevant information relating to data and information collected under subsections (c) and (d). (3) Database (A) In general Not later than 1 year after the date of enactment of this Act, the Attorney General shall create and maintain on the internet website of the Department of Justice a public, searchable database containing all data reported under subsections (c) and (d), subject to any otherwise applicable confidentiality requirements. Such publication shall not include any personally identifiable information of any law enforcement officer. (B) Database updates The Attorney General shall update the database created under subparagraph (A) on an annual basis with data reported under subsections (c) and (d). (f) Rule of construction Nothing in this section 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 ).