[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5107 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 5107
To strengthen the collection of data regarding interactions between law
enforcement officers and individuals with disabilities.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 16, 2022
Mr. Casey (for himself, Ms. Baldwin, Ms. Warren, Ms. Duckworth, Mr.
Sanders, and Mr. Van Hollen) introduced the following bill; which was
read twice and referred to the Committee on Health, Education, Labor,
and Pensions
_______________________________________________________________________
A BILL
To strengthen the collection of data regarding interactions between law
enforcement officers and individuals with disabilities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Data on Interactions and
Accountability for Law Enforcement with Individuals with Disabilities
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Disability.--The term ``disability'' has the meaning
given the term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
SEC. 3. ADVISORY COUNCIL ON DISABILITY STATUS AND LAW ENFORCEMENT
INTERACTION DATA COLLECTION.
(a) Definition.--In this section, the term ``Secretary'' means the
Secretary of Health and Human Services.
(b) Establishment.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall establish the Advisory
Council on Disability Status and Law Enforcement Interaction Data
Collection (in this section referred to as the ``Advisory Council'').
(c) Membership.--
(1) Considerations.--The Secretary shall appoint the
members of the Advisory Council in a manner that--
(A) provides diverse representation of populations
underrepresented on advisory committees, such as
underrepresented racial and ethnic populations; and
(B) ensures that more than 50 percent of the
members are individuals with disabilities.
(2) Composition.--The members of the Advisory Council shall
include representatives of--
(A) individuals with disabilities;
(B) individuals aged 65 and older;
(C) law enforcement organizations, including
representatives of rank and file law enforcement
officers;
(D) faculty or researchers, at institutions of
higher education or other research institutions, with
expertise in disability research;
(E) faculty or researchers, at institutions of
higher education or other research institutions, with
expertise in criminal justice research and statistics;
(F) States, including State surveying agencies;
(G) State and local public safety agencies;
(H) nonprofit organizations led by and serving the
disability population;
(I) the National Quality Forum or other quality
measurement entity; and
(J) the Bureau of Justice Statistics of the
Department of Justice.
(d) Chairperson; Vice-Chairperson.--The Secretary shall select--
(1) a member of the Advisory Council who is an individual
with a disability to be the chairperson of the Advisory
Council; and
(2) a member of the Advisory Council who is a
representative of a law enforcement agency to be the vice-
chairperson of the Advisory Council.
(e) Duties.--
(1) Data collection and reporting development.--The
Advisory Council shall--
(A) develop a valid and reliable data collection
and reporting methodology on interactions between law
enforcement officers and individuals with disabilities;
and
(B) provide recommendations to the Attorney General
on best practices to collect disability status data in
instances where a death, a shooting, or an injury has
occurred as a result of an interaction with a law
enforcement officer.
(2) Recommendations.--Not later than 2 years after the date
of enactment of this Act, the Advisory Council shall submit to
the Secretary, the Attorney General, the Committee on Finance
and the Special Committee on Aging of the Senate, and the
Committee on Ways and Means and the Committee on Energy and
Commerce of the House of Representatives, the recommended data
collection and reporting methodology and other recommendations
developed under paragraph (1).
(f) Independent Study.--
(1) Grant authorized.--After receiving the recommendations
under subsection (e)(2), the Secretary shall award a grant, to
an independent research organization or institution of higher
education, to conduct an independent study to test the validity
and reliability of the data collection and reporting
methodology developed under such subsection.
(2) Review by advisory council.--The Secretary shall share
the results of the study conducted under paragraph (1) with the
Advisory Council as soon as practicable.
(g) Report.--
(1) In general.--Not later than 180 days after receiving
the results of the study conducted under subsection (f), the
Advisory Council shall reconvene and prepare and submit a
report to the Secretary, the Attorney General, the Committee on
Finance and the Special Committee on Aging of the Senate, and
the Committee on Ways and Means and the Committee on Energy and
Commerce of the House of Representatives, with final
recommendations on best practices to collect data on the
interactions between law enforcement officers and individuals
with disabilities.
(2) Public availability.--Upon receiving the report
described in paragraph (1), the Secretary shall make the report
available to the public.
(h) Adoption of Best Practices by Attorney General.--The Attorney
General shall review the best practices recommended in the report under
subsection (g)(1) and, to the extent that the Attorney General
determines appropriate, implement the best practices within the
Department of Justice.
(i) Termination.--The Advisory Council shall terminate by not later
than 30 days after the submission of the report to the Secretary under
subsection (g)(1).
SEC. 4. BUREAU OF JUSTICE STATISTICS SURVEY.
(a) Definition.--In this section, the term ``Director'' means the
Director of the Bureau of Justice Statistics.
(b) Inclusion of Disability Status in Police-Public Contact
Survey.--The Director, in conducting the Police-Public Contact Survey,
shall collect data on the disability status of individuals who have had
contact with law enforcement officers.
(c) Statistic Analysis by Third-Party Organization.--
(1) Grant.--The Director shall award a grant to a single,
independent third-party organization, which may be an
institution of higher education or other research institution,
to conduct a statistical analysis of data collected in the
Police-Public Contact Survey to identify trends in reports of
violence committed by law enforcement officers against
individuals with disabilities.
(2) Deadline.--The Director shall require the third-party
organization that receives the grant under paragraph (1) to
complete the statistical analysis not later than 1 year after
the date on which the Director begins collecting data on
disability status under subsection (b).
SEC. 5. DEATH IN CUSTODY REPORTING ACT.
(a) Disability Status.--Section 2 of the Death in Custody Reporting
Act of 2013 (34 U.S.C. 60105) is amended--
(1) in subsection (b)(1), by inserting ``disability
status,'' after ``ethnicity,'';
(2) in subsection (f), in the heading, by striking ``Study
and Report'' and inserting ``Initial Study and Report''; and
(3) by adding at the end the following:
``(g) Annual Report.--
``(1) In general.--Each year, the Attorney General shall
publish a report on the information reported under subsection
(b) and section 3(a).
``(2) Local disaggregation.--The Attorney General shall
disaggregate the information published under paragraph (1) by
the locality in which the death occurred.''.
(b) FBI Use-of-Force Data Collection Program.--The Death in Custody
Reporting Act of 2013 (Public Law 113-242; 128 Stat. 2860) is amended--
(1) in section 2(c) (34 U.S.C. 60105(c)), by adding at the
end the following:
``(3) Compliance through participation in national use-of-
force data collection.--A State may satisfy the requirement
under subsection (a) by--
``(A) participating in the National Use-of-Force
Data Collection of the Federal Bureau of Investigation;
and
``(B) including with the information reported for
the National Use-of-Force Data Collection the
disability status of of each subject of the use of
force.''; and
(2) in section 3 (18 U.S.C. 4001 note)--
(A) by redesignating subsection (c) as subsection
(d); and
(B) by inserting after subsection (b) the
following:
``(c) Compliance Through Participation in National Use-of-Force
Data Collection.--A Federal law enforcement agency may satisfy the
requirement under subsection (a) by--
``(1) participating in the National Use-of-Force Data
Collection of the Federal Bureau of Investigation; and
``(2) including with the information reported for the
National Use-of-Force Data Collection the disability status of
each subject of the use of force.''.
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