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119-s-3731119th Congress

Cost of Police Misconduct Act of 2026

Sponsored By: Senator Kaine, Tim [D-VA]

Introduced

Summary

Would create a national, public reporting system for law enforcement misconduct judgments and settlements. It would require federal, state, and local agencies that receive Byrne Justice Assistance Grant (Byrne JAG) funds to collect and publish detailed annual data on allegations, payments, and agency actions, and it ties funding penalties to noncompliance.

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  • Federal agencies would be identified by the Attorney General and, starting about 120 days after enactment, would collect annual data on judgments and settlements including demographics, allegation types, personnel actions, amounts paid, and funding sources, then report to the Department of Justice.
  • State and local governments that receive Byrne JAG funds would report the same details by agency, disclose how settlements are paid (for example, agency budgets, insurance, bonds, or central risk pools), publish the data on their websites, and face up to a 10 percent cut to Byrne JAG or Cops on the Beat funds for noncompliance.
  • The public would get a searchable DOJ database created within one year of enactment and state website postings to track patterns of misconduct, payments, and agency responses without personally identifiable information.
  • The Government Accountability Office would study the data after two full years and issue a public report by the end of year three, and the Department of Justice would produce annual analyses and recommended best practices for reducing misconduct.

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 5 benefits, 0 costs, 2 mixed.

DOJ reports and best-practice guidance

The Attorney General would prepare a public report for Congress and the public not later than 120 days after the third year ends, and annually after. The report would recommend use-of-force policies and other best practices developed with law enforcement groups and civil rights organizations. It would analyze judgment and settlement data and include other information from the collected reports.

Federal reporting on officer misconduct

This bill would make the Attorney General list all Federal law enforcement agencies within 90 days. If enacted, each listed Federal agency would begin collecting annual data 120 days after enactment on judgments or settlements tied to alleged misconduct. Agencies would report to the Attorney General within 60 days after year end. The Attorney General could give one 60-day extension for good-faith efforts, and the first report may include earlier data.

GAO study of misconduct costs

After two full years of reporting, the Government Accountability Office would study the collected data and report to Congress. The study would identify leading causes of judgments and settlements, agencies with the largest payouts, totals by State, and recommendations to reduce misconduct. The GAO report must be public and due not later than 120 days after the third year ends.

Public DOJ misconduct database

If enacted, the Attorney General would create a public, searchable database on the Department of Justice website within 1 year. The database would contain the data reported by Federal, State, and local entities, and it would be updated every year. The database would not include law enforcement officers' personally identifiable information and would follow other confidentiality rules.

State and local reporting and penalties

The Attorney General would notify Byrne JAG grant recipients within 30 days. From 120 days after enactment, States and local governments that get Byrne JAG funds would collect and report similar misconduct and settlement data each year. Reports must show what paid judgments came from, including insurance, bonds, agency budgets, and risk-pool contributions, and must be posted online within 30 days of submission. If a jurisdiction fails to comply, it could lose up to 10% of Byrne JAG or Cops on the Beat funds for that year or the next; withheld funds would go to complying areas.

Privacy Act protections preserved

The bill would state that nothing in these reporting rules overrides the Privacy Act of 1974. If enacted, the Privacy Act's limits on records and disclosure would still apply to the information covered by this Act.

Definitions that set reporting scope

If enacted, the bill would define terms like "allegation of misconduct," "judgment," "law enforcement agency," and "settlement." These definitions would take effect on enactment and would decide which incidents and officers must be included in reporting. The definitions would guide DOJ actions and jurisdictions that receive Byrne JAG funds.

Sponsors & CoSponsors

Sponsor

Kaine, Tim [D-VA]

VA • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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