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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5107 Introduced in Senate (IS)]

<DOC>

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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