No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5624 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5624
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 HOUSE OF REPRESENTATIVES
September 21, 2023
Mr. Beyer (for himself, Mr. Quigley, Mr. Connolly, and Ms. Norton)
introduced the following bill; which was 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, 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>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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