[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8597 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 8597

To improve the collection and retention of disciplinary records of law 
             enforcement officers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 16, 2020

 Mr. Carter of Texas introduced the following bill; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To improve the collection and retention of disciplinary records of law 
             enforcement officers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Policing Transparency Act''.

SEC. 2. NATIONAL USE-OF-FORCE DATA COLLECTION.

    Section 501 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10152) is amended by adding at the end 
the following:
    ``(h) National Use-of-Force Data Collection.--
            ``(1) Definitions.--In this section--
                    ``(A) the term `law enforcement officer'--
                            ``(i) means any officer, agent, or employee 
                        of a State, unit of local government, or an 
                        Indian tribe authorized by law or by a 
                        government agency to engage in or supervise the 
                        prevention detection, or investigation of any 
                        violation of criminal law, or authorized by law 
                        to supervise sentenced criminal offenders; and
                            ``(ii) includes an individual described in 
                        clause (i) who is employed or volunteers in a 
                        full-time, part-time, or auxiliary capacity;
                    ``(B) the term `National Use-of-Force Data 
                Collection' means the National Use-of-Force Data 
                Collection of the Federal Bureau of Investigation; and
                    ``(C) the term `serious bodily injury' means bodily 
                injury that results in death, unconsciousness, 
                protracted and obvious disfigurement, or protracted 
                loss or impairment of the function of a bodily member 
                or organ.
            ``(2) Reporting requirement.--For each fiscal year in which 
        a State or unit of local government receives funds under 
        subsection (a), 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 Investigation, information regarding--
                    ``(A) a use-of-force event by a law enforcement 
                officer in the State or unit of local government that 
                results in--
                            ``(i) the fatality of an individual that is 
                        connected to use of force by a law enforcement 
                        officer;
                            ``(ii) the serious bodily injury of an 
                        individual that is connected to use of force by 
                        a law enforcement officer; and
                            ``(iii) in the absence of either death or 
                        serious bodily injury, when a firearm is 
                        discharged by a law enforcement officer at or 
                        in the direction of an individual;
                    ``(B) any event in which a firearm is discharged by 
                a civilian at or in the direction of a law enforcement 
                officer; and
                    ``(C) the death or serious bodily injury of a law 
                enforcement officer that results from any discharge of 
                a firearm by a civilian, or any other means, including 
                whether the law enforcement officer was killed or 
                suffered serious bodily injury as part of an ambush or 
                calculated attack.
            ``(3) Information required.--For each use-of-force event 
        required to be reported under paragraph (2), the following 
        information shall be provided, as required by the Federal 
        Bureau of Investigation:
                    ``(A) Incident information, including the type of 
                incident, the type of force used, and the weapon type, 
                if applicable.
                    ``(B) Subject information, including any injuries 
                sustained by the subject and the race of the subject.
                    ``(C) Officer information, including the race of 
                each officer involved, the length of service of each 
                officer involved, the number of officers involved, and 
                the size of the law enforcement agency that employs 
                each such officer.
            ``(4) Compliance.--
                    ``(A) Ineligibility for funds.--
                            ``(i) First fiscal year.--
                                    ``(I) 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 (2) with respect to a 
                                State law enforcement agency, the State 
                                shall be subject to a 20-percent 
                                reduction of the funds that would 
                                otherwise be allocated for retention by 
                                the State under section 505(c) for that 
                                fiscal year, and if any unit of local 
                                government within the State fails to 
                                comply with paragraph (2), the State 
                                shall be subject to a reduction of the 
                                funds allocated for retention by the 
                                State under section 505(c) that is 
                                equal to the percentage of the 
                                population of the State represented by 
                                the unit of local government, not to 
                                exceed 20 percent.
                                    ``(II) 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 (2), the unit of local 
                                government shall be subject to a 20-
                                percent reduction of the funds that 
                                would otherwise be allocated to the 
                                unit of local government for that 
                                fiscal year under this subpart.
                            ``(ii) Subsequent fiscal years.--
                                    ``(I) States.--Beginning in the 
                                first fiscal year beginning after the 
                                first fiscal year described in clause 
                                (i)(I) in which a State fails to comply 
                                with paragraph (2) with respect to a 
                                State law enforcement agency, the 
                                percentage by which the funds described 
                                in clause (i)(I) are reduced shall be 
                                increased by 5 percent each fiscal year 
                                the State fails to comply with 
                                paragraph (2), except that such 
                                reduction shall not exceed 25 percent 
                                in any fiscal year.
                                    ``(II) Local governments.--
                                Beginning in the first fiscal year 
                                beginning after the first fiscal year 
                                described in clause (i)(II) in which a 
                                unit of local government fails to 
                                comply with paragraph (2), the 
                                percentage by which the funds described 
                                in clause (i)(II) are reduced shall be 
                                increased by 5 percent each fiscal year 
                                the unit of local government fails to 
                                comply with paragraph (2), except that 
                                such reduction shall not exceed 25 
                                percent in any fiscal year.
                    ``(B) Reallocation.--Amounts not allocated under a 
                program referred to in subparagraph (A) to a State or 
                unit of local government for failure to comply with 
                paragraph (2) shall be reallocated to the United States 
                Treasury.
            ``(5) Public availability of data.--Not later than 1 year 
        after the date of enactment of this Act, and each year 
        thereafter, the Director of the Federal Bureau of Investigation 
        shall publish, and make available to the public, the National 
        Use-of-Force Data Collection.
            ``(6) 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 subsection.''.

SEC. 3. LAW ENFORCEMENT RECORDS RETENTION.

    (a) In General.--Part E of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) is amended by adding 
at the end the following:

             ``Subpart 4--Law Enforcement Records Retention

``SEC. 531. LAW ENFORCEMENT RECORDS RETENTION.

    ``(a) Definitions.--In this section--
            ``(1) the term `applicable covered system', with respect to 
        a law enforcement agency, means the covered system of the 
        covered government of which the law enforcement agency is part;
            ``(2) the term `covered government' means a State or unit 
        of local government;
            ``(3) the term `covered system' means a system maintained 
        by a covered government under subsection (b); and
            ``(4) the term `disciplinary record'--
                    ``(A) means any written document regarding an 
                allegation of misconduct by a law enforcement officer 
                that--
                            ``(i) is substantiated and is adjudicated 
                        by a government agency or court; and
                            ``(ii) results in--
                                    ``(I) resignation, dismissal of 
                                employment, relief of duty status 
                                exceeding three days, or another 
                                adverse action by the employing law 
                                enforcement agency resulting in the 
                                loss of pay or demotion; or
                                    ``(II) criminal charges; and
                    ``(B) does not include a written document regarding 
                an allegation described in subparagraph (A) if the 
                adjudication described in clause (i) of that 
                subparagraph has been overturned on appeal.
    ``(b) Records Retention Requirements.--
            ``(1) 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 (2).
            ``(2) Requirements.--In administering a covered system, a 
        covered government shall--
                    ``(A) retain each disciplinary record or internal 
                investigation record regarding a law enforcement 
                officer that is prepared by a law enforcement agency of 
                the covered government, and retain, for each law 
                enforcement officer with respect to whom a record is 
                retained under this subparagraph, at the time of the 
                creation of the record--
                            ``(i) the number of official claims made 
                        against the officer and investigations 
                        regarding the officer that were based on 
                        discrimination;
                            ``(ii) the number of investigations with 
                        respect to which the complaint was determined 
                        to be unfounded; and
                            ``(iii) the total number of official 
                        civilian interactions (including traffic stops 
                        and arrests) the officer has had during their 
                        employment with the law enforcement agency;
                    ``(B) retain a record of each award or commendation 
                regarding a law enforcement officer that is prepared by 
                a law enforcement agency of the covered government;
                    ``(C) establish a policy that ensures that each 
                record included in the covered system is retained and 
                accessible for not less than 20 years;
                    ``(D) allow a law enforcement officer, counsel for 
                a law enforcement officer, or the representative 
                organization of a law enforcement officer to--
                            ``(i) 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 (A); or
                            ``(ii) obtain access to the covered system 
                        in order to review a disciplinary record or 
                        internal investigation record described in 
                        clause (i);
                    ``(E) allow any Federal, State, 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 officer;
                    ``(F) require that, before hiring a law enforcement 
                officer, a representative of a law enforcement agency 
                of the covered government with hiring authority--
                            ``(i) 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 record, internal 
                        investigation record, or record of an award or 
                        commendation on file; and
                            ``(ii) if a record described in clause (i) 
                        exists, review the record in full before hiring 
                        the law enforcement officer; and
                    ``(G) prohibit access to the covered system by any 
                individual other than an individual who is authorized 
                to access the covered system for purposes of--
                            ``(i) submitting records or other 
                        information to the covered system as described 
                        in subparagraphs (A), (B), and (D); or
                            ``(ii) reviewing records or other 
                        information in the covered system as described 
                        in subparagraphs (E) and (F).
    ``(c) Ineligibility for Funds.--
            ``(1) In general.--A covered government may not receive 
        funds under section 505, 506, 515, or 516 unless the covered 
        government is in compliance with subsection (b) of this 
        section.
            ``(2) Reallocation.--Amounts not allocated under a section 
        referred to in paragraph (1) to a covered government for 
        failure to comply with subsection (b) shall be reallocated to 
        the United States Treasury.
    ``(d) One-Time Grant.--
            ``(1) In general.--The Attorney General shall award a grant 
        to each State, using an apportionment formula that reflects the 
        differences between each State, to be used by the State and 
        units of local government within the State to establish covered 
        systems.
            ``(2) Amount.--The amount of a grant awarded to a State 
        under paragraph (1) shall be not less than $1,000,000.
            ``(3) Direct appropriations.--For the purpose of making 
        grants under this subsection, there is authorized to be 
        appropriated $100,000,000, to remain available until expended.
    ``(e) Indemnification.--
            ``(1) In general.--The United States shall indemnify and 
        hold harmless a covered government, and any law enforcement 
        agency thereof, against any claim (including reasonable 
        expenses of litigation or settlement) by any person or entity 
        related to--
                    ``(A) the retention of records in a covered system 
                as required under subsection (b); or
                    ``(B) the review of records included in a covered 
                system as required under subsection (b).
            ``(2) Limitation.--Paragraph (1) shall not apply to the 
        release of a record--
                    ``(A) to a non-law enforcement entity or 
                individual; or
                    ``(B) for a purpose other than making a decision to 
                hire a law enforcement officer.''.
    (b) Effective Date.--Section 531(c) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968, as added by subsection (a), shall 
take effect on October 1 of the first fiscal year beginning after the 
date of enactment of this Act.
                                 <all>