[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2883 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2883

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.


_______________________________________________________________________


                   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.

    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 ``Cost of Police Misconduct Act of 
2023''.

SEC. 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'').
                                 <all>