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Title II — Policing Trans­par­en­cy Through Data

S. 3912 · 116th Congress · Jun 8, 2020 · Lineage

II Policing Trans­par­en­cy Through Data

A National Police Misconduct Registry

Sec. 201 Establishment of National Police Misconduct Registry

(a)
In general— Not later than 180 days after the date of enactment of this Act, the Attorney General shall establish a National Police Misconduct Registry to be compiled and maintained by the Department of Justice.
(b)
Contents of registry— The Registry required to be established under subsection (a) shall contain the following data with respect to all Federal and local law enforcement officers:
(1)
Each complaint filed against a law enforcement officer, aggregated by—
(A)
complaints that were found to be credible or that resulted in disciplinary action of the law enforcement officer, disaggregated by whether the complaint involved a use of force;
(B)
complaints that are pending review, disaggregated by whether the complaint involved a use of force; and
(C)
complaints for which the law enforcement officer was exonerated or that were determined to be unfounded or not sustained, disaggregated by whether the complaint involved a use of force.
(2)
Discipline records, disaggregated by whether the complaint involved a use of force.
(3)
Termination records, including the reason for each termination, disaggregated by whether the complaint involved a use of force.
(4)
Records of certification in accordance with section 202.
(5)
Records of lawsuits and settlements made against law enforcement officers.
(c)
Federal agency reporting requirements— Not later than 360 days after the date of enactment of this Act, and every 180 days thereafter, the head of each Federal law enforcement agency shall submit to the Attorney General the information described in subsection (b).
(d)
State and local law enforcement agency reporting requirements— Beginning in the first fiscal year beginning after the date of enactment of this Act and each fiscal year thereafter in which a State receives funds under the Byrne grant program, the State shall, once every 180 days, submit to the Attorney General the information described in subsection (b) for each local law enforcement agency within the State.
(e)
Public availability of registry—
(1)
In general— In establishing the Registry required under subsection (a), the Attorney General shall make the Registry available to the public.
(2)
Privacy protections— Nothing in this subsection 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”).

Sec. 202 Certification requirements for hiring of law enforcement officers

Beginning in the first fiscal year beginning after the date of enactment of this Act, a State or other jurisdiction may not receive funds under the Byrne grant program for a fiscal year if, on the day before the first day of the fiscal year, the State or other jurisdiction has not submitted to the National Police Misconduct Registry established under section 201 records demonstrating that all law enforcement officers of the State or other jurisdiction have completed all State certification requirements during the 1-year period preceding the fiscal year.

B PRIDE Act

Sec. 221 Short title

This subtitle may be cited as the “Police Reporting Information, Data, and Evidence Act of 2020” or the “PRIDE Act”.

Sec. 222 Definitions

In this subtitle:
(1)
Local educational agency— The term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(2)
Local law enforcement officer— The term local law enforcement officer includes a school resource officer.
(3)
School— The term “school” means an elementary school or secondary school (as those terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)).
(4)
School resource officer— The term school resource officer means a sworn law enforcement officer who is—
(A)
assigned by the employing law enforcement agency to a local educational agency or school;
(B)
contracting with a local educational agency or school; or
(C)
employed by a local educational agency or school.
(5)
Use of force— The term use of force includes the use of a firearm, Taser, explosive device, chemical agent (such as pepper spray), baton, impact projectile, blunt instrument, hand, fist, foot, canine, or vehicle against an individual.

Sec. 223 Use of force reporting

(a)
Reporting requirements—
(1)
In general— Beginning in the first fiscal year beginning after the date of enactment of this Act and each fiscal year thereafter in which a State receives funds under a Byrne grant program, the State shall—
(A)
report to the Attorney General, on a quarterly basis and pursuant to guidelines established by the Attorney General, information regarding—
(i)
any incident involving the shooting of a civilian by a local law enforcement officer who is employed by the State or by a unit of local government in the State;
(ii)
any incident involving the shooting of a local law enforcement officer described in clause (i) by a civilian;
(iii)
any incident involving the death or arrest of a law enforcement officer;
(iv)
any incident in which use of force by or against a local law enforcement officer described in clause (i) occurs, which is not reported under clause (i), (ii), or (iii);
(v)
deaths in custody; and
(vi)
arrests and bookings;
(B)
establish a system and a set of policies to ensure that all use of force incidents are reported by local law enforcement officers; and
(C)
submit to the Attorney General a plan for the collection of data required to be reported under this section, including any modifications to a previously submitted data collection plan.
(2)
Report information required—
(A)
In general— The report required under paragraph (1)(A) shall contain information that includes, at a minimum—
(i)
the national origin, sex, race, ethnicity, age, disability, English language proficiency, and housing status of each civilian against whom a local law enforcement officer used force;
(ii)
the date, time, and location, including whether it was on school grounds, zip code, of the incident and whether the jurisdiction in which the incident occurred allows for the open-carry or concealed-carry of a firearm;
(iii)
whether the civilian was armed, and, if so, the type of weapon the civilian had;
(iv)
the type of force used against the officer, the civilian, or both, including the types of weapons used;
(v)
the reason force was used;
(vi)
a description of any injuries sustained as a result of the incident;
(vii)
the number of officers involved in the incident;
(viii)
the number of civilians involved in the incident; and
(ix)
a brief description regarding the circumstances surrounding the incident, which shall include information on—
(I)
the type of force used by all involved persons;
(II)
the legitimate police objective necessitating the use of force;
(III)
the resistance encountered by each local law enforcement officer involved in the incident;
(IV)
the efforts by local law enforcement officers to—
(aa)
de-escalate the situation in order to avoid the use of force; or
(bb)
minimize the level of force used; and
(V)
if applicable, the reason why efforts described in subclause (IV) were not attempted.
(B)
Incidents reported under Death in Custody Reporting Act— A State is not required to include in a report under subsection (a)(1) an incident reported by the State in accordance with section 20104(a)(2) of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12104(a)(2)).
(3)
Audit of use-of-force reporting— Not later than 1 year after the date of enactment of this Act, and each year thereafter, each State and Indian Tribe described in paragraph (1) shall—
(A)
conduct an audit of the use of force incident reporting system required to be established under paragraph (1)(B); and
(B)
submit a report to the Attorney General on the audit conducted under subparagraph (A).
(4)
Compliance procedure— Prior to submitting a report under paragraph (1)(A), the State submitting such report shall compare the information compiled to be reported pursuant to clause (i) of paragraph (1)(A) to open-source data records, and shall revise such report to include any incident determined to be missing from the report based on such comparison. Failure to comply with the procedures described in the previous sentence shall be considered a failure to comply with the requirements of this section.
(b)
Ineligibility for funds—
(1)
In general— For any fiscal year in which a State or Indian Tribe fails to comply with this section, the State or Indian Tribe, at the discretion of the Attorney General, shall be subject to not more than a 10-percent reduction of the funds that would otherwise be allocated for that fiscal year to the State under a Byrne grant program.
(2)
Reallocation— Amounts not allocated under a Byrne grant program in accordance with paragraph (1) to a State for failure to comply with this section shall be reallocated under the Byrne grant program to States that have not failed to comply with this section.
(3)
Information regarding school resource officers— The State shall ensure that all schools and local educational agencies within the jurisdiction of the State provide the State with the information needed regarding school resource officers to comply with this section.
(c)
Public availability of data—
(1)
In general— Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall publish, and make available to the public, a report containing the data reported to the Attorney General under this section.
(2)
Privacy protections— Nothing in this subsection 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”).
(d)
Guidance— Not later than 180 days after the date of enactment of this Act, the Attorney General, in coordination with the Director of the Federal Bureau of Investigation, shall issue guidance on best practices relating to establishing standard data collection systems that capture the information required to be reported under subsection (a)(2), which shall include standard and consistent definitions for terms, including the term use of force which is consistent with the definition of such term in section 222.

Sec. 224 Use of force data reporting

(a)
Technical assistance grants authorized— The Attorney General may make grants to eligible law enforcement agencies to be used for the activities described in subsection (c).
(b)
Eligibility— In order to be eligible to receive a grant under this section a law enforcement agency shall—
(1)
be an Indian Tribe or located in a State that receives funds under a Byrne grant program;
(2)
employ not more that 100 local or tribal law enforcement officers;
(3)
demonstrate that the use of force policy for local law enforcement officers employed by the law enforcement agency is publicly available; and
(4)
establish and maintain a complaint system that—
(A)
may be used by members of the public to report incidents of use of force to the law enforcement agency;
(B)
makes all information collected publicly searchable and available; and
(C)
provide information on the status of an investigation.
(c)
Activities described— A grant made under this section may be used by a law enforcement agency for—
(1)
the cost of assisting the State or Indian Tribe in which the law enforcement agency is located in complying with the reporting requirements described in section 223;
(2)
the cost of establishing necessary systems required to investigate and report incidents as required under subsection (b)(4);
(3)
public awareness campaigns designed to gain information from the public on use of force by or against local and tribal law enforcement officers, including shootings, which may include tip lines, hotlines, and public service announcements; and
(4)
use of force training for law enforcement agencies and personnel, including training on de-escalation, implicit bias, crisis intervention techniques, and adolescent development.

Sec. 225 Compliance with reporting requirements

(a)
In general— Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall conduct an audit and review of the information provided under this subtitle to determine whether each State described in section 223(a)(1) is in compliance with the requirements of this subtitle.
(b)
Consistency in data reporting—
(1)
In general— Any data reported under this subtitle shall be collected and reported—
(A)
in a manner consistent with existing programs of the Department of Justice that collect data on local law enforcement officer encounters with civilians; and
(B)
in a manner consistent with civil and human rights laws for distribution of information to the public.
(2)
Guidelines— Not later than 1 year after the date of enactment of this Act, the Attorney General shall—
(A)
issue guidelines on the reporting requirement under section 223; and
(B)
seek public comment before finalizing the guidelines required under subparagraph (A).

Sec. 226 Federal law enforcement reporting

The head of each Federal law enforcement agency shall submit to the Attorney General, on a quarterly basis and pursuant to guidelines established by the Attorney General, the information required to be reported by a State or Indian Tribe under section 223.

Sec. 227 Authorization of appropriations

There are authorized to be appropriated to the Attorney General such sums as are necessary to carry out this subtitle.