Documentation and reporting requirements

(a) Definitions In this section: (1) Commendations and awards The term commendation and awards means actions by a Federal law enforcement agency to recognize and reward individual or team achievements of Federal law enforcement officers that— (A) contribute to meeting organizational goals, or improving the efficiency or effectiveness, of the Federal Government; or (B) are otherwise in the public interest. (2) Covered civil action The term covered civil action means a civil action brought against a Federal law enforcement officer or a State or local law enforcement officer accusing the officer of committing a wrongful act relating to the official duties of the officer. (3) Criminal conviction The term criminal conviction, with respect to an individual, means a judgment or any other determination of guilt of the individual for a criminal offense by a court of competent jurisdiction, whether entered upon a verdict or plea (including a plea of nolo contendere), for any offense that occurred during the employment of the individual as— (A) a Federal law enforcement officer, whether on-duty or off-duty; or (B) a State or local law enforcement officer, whether on-duty or off-duty. (4) Disciplinary action The term disciplinary action includes a removal, demotion, suspension, or reprimand of a Federal law enforcement officer based on a finding of serious misconduct. (5) National Law Enforcement Accountability Database; NLEAD The term National Law Enforcement Accountability Database or NLEAD means the centralized repository of official records documenting instances of Federal, State, or local law enforcement officer misconduct as well as commendations and awards maintained by the Justice Management Division of the Department of Justice that was launched on December 18, 2023. (6) Resignation or retirement while under investigation for serious misconduct The term resignation or retirement while under investigation for serious misconduct, with respect to a Federal law enforcement officer, means the officer resigned or retired after— (A) being provided written notice of an investigation into potential serious misconduct by the officer and the investigative process included or would have included an opportunity for the officer to be heard; or (B) a finding of serious misconduct by the law enforcement officer was made, regardless of whether the officer was provided written notice of the investigation. (7) Serious misconduct complaint The term serious misconduct complaint means a complaint alleging a criminal act, use of excessive force, bias, discrimination, obstruction of justice, theft, or sexual misconduct. (8) Suspension of a law enforcement officer’s law enforcement authorities The term suspension of a law enforcement officer’s law enforcement authorities means the suspension of the authority of a law enforcement officer to perform law enforcement duties based upon a reassignment or position change to a non-law enforcement officer status. (9) Termination The term termination — (A) means the involuntary separation of a law enforcement officer from employment with a Federal law enforcement agency or a State or local law enforcement agency; and (B) includes removal and dismissal. (10) Use-of-Force Database The term Use-of-Force Database means the National Use-of-Force Data Collection of the Federal Bureau of Investigation that collects nationwide data on law enforcement use of force incidents that was formally launched on January 1, 2019. (11) Use of force incident The term use of force incident means any incident in which a law enforcement officer or other employee of a Federal law enforcement agency uses force through the application of a physical technique, a chemical agent, or a weapon, including the discharge of a firearm. (12) Use of force incident report The term use of force incident report means a report made under subsection (b)(1) by a Federal law enforcement officer or other employee of a Federal law enforcement agency who engaged in or observed a use of force incident. (b) Force incident reporting (1) Reporting requirement (A) In general A Federal law enforcement officer or other employee of a Federal law enforcement agency who engages in or observes a use of force incident shall report the use of force incident to a direct supervisor, except as provided in subparagraph (B), before finishing the officer’s or employee’s tour of duty. (B) Observing use of force by supervisor For purposes of subparagraph (A), if a Federal law enforcement officer or other employee of a Federal law enforcement agency observes a direct supervisor of the officer or employee engaging in a use of force incident, the officer or other employee shall report the incident to the next higher-ranking official in the chain of command. (2) Failure to report If a Federal law enforcement officer or other employee of a Federal law enforcement agency makes a deliberate material omission, false statement, or inaccuracy in a use of force incident report with the intent to mislead, the Federal law enforcement agency employing the officer or employee shall subject the officer or other employee to appropriate discipline for failure to report and lack of truthfulness, up to and including termination, in accordance with otherwise applicable law. (3) Force incident documentation For purposes of paragraph (1), the head of a Federal law enforcement agency shall— (A) establish a process for Federal law enforcement officers and other employees of the agency to document all use of force incidents and provide training on the requirements for use of force incident reporting; (B) ensure that each use of force incident report is reviewed by a supervisor who is not the officer or other employee who engaged in the incident; (C) provide training for all employees who exercise supervisory authority over Federal law enforcement officers or other employees on reviewing and auditing use of force incident reports; and (D) designate an employee of the agency to be responsible for submitting responsive use of force incident data to the Use-of-Force Database. (4) Mandatory reporting by Federal law enforcement agencies (A) Initial report Not later than 30 days after the date of enactment of this Act, the head of a Federal law enforcement agency shall submit to the Use-of-Force Database the incident, subject, and officer or other employee information collected by the Database for each use of force incident engaged in by a Federal law enforcement officer or other employee of the agency for the period beginning on January 1, 2025, and ending on such date of enactment. (B) Monthly reports After submitting the initial information under subparagraph (A), the head of a Federal law enforcement agency shall submit to the Use-of-Force Database the information required under that subparagraph on a monthly basis. (5) Internal audit (A) In general The Office of Professional Responsibility of the Department of Justice shall— (i) conduct periodic reviews of records submitted to the Use-of-Force Database under paragraph (4) to assess— (I) compliance with this subsection; and (II) evidence of violations of— (aa) the Constitution of the United States; or (bb) a policy of a Federal law enforcement agency; and (ii) submit an annual report to Congress detailing findings, trends, and recommendations resulting from the reviews conducted under clause (i). (B) Public information Not later than 30 days after submitting a report to Congress under subparagraph (A)(i), the Office of Professional Responsibility of the Department of Justice shall make the full text of the report publicly available on a website. (c) Reestablishment and maintenance of the National Law Enforcement Accountability Database (1) Reestablishment Not later than 30 days after the date of enactment of this Act, the Attorney General shall reestablish, and thereafter the Attorney General shall maintain and operate, the National Law Enforcement Accountability Database as a centralized Federal database for law enforcement accountability and suitability determinations. (2) Required content At a minimum, NLEAD shall include records relating to— (A) terminations, removals, resignations, or retirements while under investigation; (B) sustained findings of misconduct, including— (i) excessive or unlawful use of force; (ii) dishonesty, false statements, or falsification of records; (iii) civil rights violations; (iv) failure to intervene; or (v) failure to render required medical aid; (C) revocations of a certificate or license related to officer misconduct; (D) covered civil actions, including the dispositions thereof; (E) criminal convictions or guilty pleas related to law enforcement duties or crimes of violence, including domestic violence; (F) commendations and awards; and (G) other substantiated misconduct determined by the Attorney General to be relevant to suitability for service as a law enforcement officer. (3) Mandatory reporting by Federal law enforcement agencies (A) Reporting requirement Each quarter, a Federal law enforcement agency shall submit to NLEAD— (i) in a standardized manner, all information required under paragraph (2) with respect to any Federal law enforcement officer employed by the agency who has a record described in that paragraph; or (ii) if there are no applicable records for the quarter, a statement that the agency has no records for submission. (B) Certification The head of each Federal law enforcement agency shall annually submit to the Attorney General and to Congress a certification indicating whether all required information submitted to NLEAD by the Federal law enforcement agency is accurate, complete, and current. (C) Reporting process The head of each Federal law enforcement agency shall— (i) establish a process for the Federal law enforcement agency to— (I) collect and report to NLEAD all information required under paragraph (2); and (II) provide training on the reporting requirement under subparagraph (A) of this paragraph; and (ii) designate an employee of the agency, who may be in a position in the Senior Executive Service, to be responsible for submitting the information required under paragraph (2) to NLEAD. (D) Failure to report If a Federal law enforcement agency fails to submit information as required under subparagraph (A), including by submitting incomplete, inaccurate, unintelligible, misleading, or nonresponsive data— (i) not later than 30 days after receiving notification of that failure from the Attorney General, the head of the agency shall submit the information to NLEAD; and (ii) that failure shall constitute noncompliance with this Act that may result in administrative discipline under otherwise applicable law for the employee of the agency designated under subparagraph (C)(ii). (4) Mandatory database checks for Federal law enforcement applicants (A) Pre-appointment requirement No individual may be appointed, conditionally appointed, provisionally appointed, transferred to a position as, or otherwise employed as a Federal law enforcement officer by a Federal law enforcement agency unless the agency has— (i) conducted a query of NLEAD with respect to the individual; and (ii) reviewed and adjudicated the results of that query as part of making a suitability determination with respect to the individual. (B) Timing The query of NLEAD required under subparagraph (A)(i) shall be conducted before— (i) final selection or appointment; (ii) issuance of credentials or firearms; (iii) entry into basic training; or (iv) the exercise of any law enforcement authority. (C) No substitute A background investigation, reference check, self-disclosure, or other screening mechanism may not be used as a substitute for the query of NLEAD required under subparagraph (A)(i). (5) Database checks for employed officers Each Federal law enforcement agency shall conduct an NLEAD query— (A) before a Federal law enforcement officer is transferred to the Federal law enforcement agency from another Federal law enforcement agency, including on detail or temporary assignment; and (B) biannually for any Federal law enforcement officer serving in a sensitive, supervisory, or high-risk assignment. (6) Use limitations and safeguards (A) Authorized use Information contained in NLEAD may be used solely for purposes of hiring, retention, promotion, training, discipline, or suitability determinations with respect to law enforcement officers. (B) Attorney general responsibilities The Attorney General shall— (i) conduct regular periodic compliance reviews to ensure the accuracy and reliability of records included in NLEAD; (ii) direct any Federal law enforcement agency that submits incomplete, inaccurate, unintelligible, misleading, or nonresponsive data to NLEAD to revise and resubmit the data; (iii) provide notice and an opportunity to respond to individuals whose records are included in NLEAD, consistent with applicable due process protections; and (iv) prevent unauthorized access to or disclosure of records included in NLEAD. (7) Access (A) Authorized users The Attorney General shall ensure that NLEAD is accessible only to authorized users to help determine suitability and eligibility of candidates for law enforcement positions. (B) State, local, and tribal governments The Attorney General shall ensure that a State, local, or Tribal agency can access NLEAD to query the record of an applicant for a position as a law enforcement officer. (C) Public reporting The Attorney General shall publish annually a public report containing aggregated and anonymized data from NLEAD to maintain transparency and accountability. (D) Involved individuals If an individual is involved in an encounter with a Federal law enforcement officer that results in loss of property, physical injury, or death, the Attorney General, upon request from the individual or a family member of the individual in the case of death or incapacitation, shall provide information or documents from NLEAD related to the Federal law enforcement officer involved in the encounter. (8) Federal law enforcement officer protections An individual who is a current or former Federal law enforcement officer or State or local law enforcement officer, or counsel or another designated representative for such an individual, may— (A) access and review personal information in NLEAD pertaining to that individual; (B) provide additional information or documents or a personal statement to a Federal law enforcement agency that submitted information or documents relating to the individual to NLEAD, which shall be retained as part of the individual’s employment information; or (C) present evidence to and petition the head of the Federal law enforcement agency described in subparagraph (B) to amend, supplement, or remove information from NLEAD. (9) 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).