PolicyBrief
S. 3731
119th CongressJan 29th 2026
Cost of Police Misconduct Act of 2026
IN COMMITTEE

This Act establishes a national, public database requiring federal, state, and local law enforcement agencies to report detailed data on judgments and settlements related to officer misconduct.

Timothy "Tim" Kaine
D

Timothy "Tim" Kaine

Senator

VA

LEGISLATION

New Police Misconduct Act to Track Lawsuit Payouts in Public Database Starting in 2026

When a city pays out a multi-million dollar settlement for police misconduct, that money doesn't just appear out of thin air—it usually comes from the same pot of tax dollars that fixes your potholes and funds your local parks. The Cost of Police Misconduct Act of 2026 aims to pull back the curtain on these costs by creating a national, searchable database of every judgment and settlement involving law enforcement. Starting 120 days after it hits the books, federal agencies, along with state and local departments that take federal grant money, will have to start logging the nitty-gritty details of these legal battles. This includes everything from the type of allegation—like excessive force or racial profiling—to the specific demographics of the officers and civilians involved, and exactly where the payment money was sourced.

Following the Money Trail

For the average resident, this bill turns a spotlight on the 'hidden' costs of local government. Under Section 2, state and local governments won't just report the settlement amounts; they have to disclose if they are using general operating budgets, issuing bonds (which often accrue interest), or paying rising insurance premiums to cover misconduct claims. If you’re a homeowner or a small business owner, this matters because it shows how much of your local tax burden is being diverted to legal liabilities. The bill even requires local governments to post this data on their own websites within 30 days of reporting it to the feds, making it much easier for you to see how your specific town or city is managing its risks and its budget.

The Price of Silence

To make sure departments don't just 'forget' to file their paperwork, the bill carries a financial sting. Any state or local agency that fails to comply could see their federal funding from the Byrne JAG or Cops on the Beat programs slashed by up to 10 percent. For a mid-sized city, that could mean losing hundreds of thousands of dollars in law enforcement grants—money that then gets handed over to the departments that actually followed the rules. This creates a high-stakes incentive for transparency, though it does raise the question of whether communities already struggling with crime might feel the pinch if their local leadership fails to hit the reporting deadlines.

Data Without the Names

While the database is designed to be fully searchable by the public on the Department of Justice website, it isn't a 'doxxing' tool. The legislation explicitly states that the database cannot include any personally identifiable information for law enforcement officers, keeping the focus on departmental trends rather than individual identities. After two years of data collection, the GAO will step in to analyze the leading causes of these lawsuits. The goal is to move beyond just tracking checks and start identifying best practices that could prevent misconduct before it happens, potentially saving both lives and taxpayer dollars in the long run.