S. 3731: Cost of Police Misconduct Act of 2026

This bill, titled the Cost of Police Misconduct Act of 2026, aims to enhance accountability and transparency regarding allegations of misconduct by law enforcement officers at federal, state, and local levels. The key provisions include:

Reporting Requirements

• Allegation of Misconduct: The bill defines an allegation of misconduct as claims made by community members or other officers that a law enforcement officer acted unlawfully or inappropriately in their official duties.
• Data Collection: Federal law enforcement agencies must collect and report information regarding any judgments or settlements related to allegations of misconduct. This includes details on the race, ethnicity, sex, and age of the officials involved, the allegation's nature, and the financial implications.
• Annual Reporting: This information must be reported annually to the Attorney General, who will then publish it on the Department of Justice's website.

State and Local Law Enforcement Requirements

• Notification: The Attorney General will notify state and local governments that receive Byrne JAG program funds about their responsibilities under the law.
• Data Collection and Reporting: These governments must also collect similar data regarding judgments and settlements for allegations of misconduct, submitting this information annually to the Attorney General and publishing it on their websites.
• Consequences for Non-Compliance: States or local governments that fail to comply may face reductions in the funds they receive from federal law enforcement support programs.

Public Database

• Creation of a Database: The Attorney General must establish a public, searchable database on the Department of Justice website that includes all reported data, ensuring it is updated annually while protecting personally identifiable information.

Study and Reports

• GAO Study: Two years after the law is implemented, a study by the Government Accountability Office will assess the data collected, identify issues leading to misconduct, and provide recommendations to reduce such incidents.
• Department of Justice Reports: The Attorney General will produce periodic reports on the use of force, best practices for reducing misconduct, and analyses of the data collected from law enforcement agencies.

Impact on Funding

• States or local governments that do not meet the data collection and reporting requirements may be penalized by losing a percentage of their available federal law enforcement funds.

Definitions Used in the Bill

• Misconduct: Defined as any unlawful or inappropriate actions taken by a law enforcement officer in their official role.
• Judgment/Settlement: Refers to agreements resolving civil actions related to alleged misconduct by law enforcement agencies or officers.
• Law Enforcement Agency: Any agency responsible for enforcing the law in the U.S.

Relevant Companies

• None found