II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Data on Interactions 

5 and Accountability for Law Enforcement with Individuals 

6 with Disabilities Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 5107 IS

1 (1) DISABILITY.—The term ‘‘disability’’ has the 

2 meaning given the term in section 3 of the Ameri3 cans with Disabilities Act of 1990 (42 U.S.C. 

4 12102). 

5 (2) INSTITUTION OF HIGHER EDUCATION.—The 

6 term ‘‘institution of higher education’’ has the 

7 meaning given the term in section 101 of the Higher 

8 Education Act of 1965 (20 U.S.C. 1001). 

9 SEC. 3. ADVISORY COUNCIL ON DISABILITY STATUS AND 

10 LAW ENFORCEMENT INTERACTION DATA 

11 COLLECTION. 

12 (a) DEFINITION.—In this section, the term ‘‘Sec13 retary’’ means the Secretary of Health and Human Serv14 ices. 

15 (b) ESTABLISHMENT.—Not later than 120 days after 

16 the date of enactment of this Act, the Secretary shall es17 tablish the Advisory Council on Disability Status and Law 

18 Enforcement Interaction Data Collection (in this section 

19 referred to as the ‘‘Advisory Council’’). 

20 (c) MEMBERSHIP.— 

21 (1) CONSIDERATIONS.—The Secretary shall ap22 point the members of the Advisory Council in a 

23 manner that— 

24 (A) provides diverse representation of pop25 ulations underrepresented on advisory commitVerDate Sep 11 2014 02:53 Nov 18, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5107.IS S5107

kjohnson on DSK79L0C42PROD with BILLS
3 

•S 5107 IS

1 tees, such as underrepresented racial and ethnic 

2 populations; and 

3 (B) ensures that more than 50 percent of 

4 the members are individuals with disabilities. 

5 (2) COMPOSITION.—The members of the Advi6 sory Council shall include representatives of— 

7 (A) individuals with disabilities; 

8 (B) individuals aged 65 and older; 

9 (C) law enforcement organizations, includ10 ing representatives of rank and file law enforce11 ment officers; 

12 (D) faculty or researchers, at institutions 

13 of higher education or other research institu14 tions, with expertise in disability research; 

15 (E) faculty or researchers, at institutions 

16 of higher education or other research institu17 tions, with expertise in criminal justice research 

18 and statistics; 

19 (F) States, including State surveying agen20 cies; 

21 (G) State and local public safety agencies; 

22 (H) nonprofit organizations led by and 

23 serving the disability population; 

24 (I) the National Quality Forum or other 

25 quality measurement entity; and 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 5107 IS

1 (J) the Bureau of Justice Statistics of the 

2 Department of Justice. 

3 (d) CHAIRPERSON; VICE-CHAIRPERSON.—The Sec4 retary shall select— 

5 (1) a member of the Advisory Council who is an 

6 individual with a disability to be the chairperson of 

7 the Advisory Council; and 

8 (2) a member of the Advisory Council who is a 

9 representative of a law enforcement agency to be the 

10 vice-chairperson of the Advisory Council. 

11 (e) DUTIES.— 

12 (1) DATA COLLECTION AND REPORTING DEVEL13 OPMENT.—The Advisory Council shall— 

14 (A) develop a valid and reliable data collec15 tion and reporting methodology on interactions 

16 between law enforcement officers and individ17 uals with disabilities; and 

18 (B) provide recommendations to the Attor19 ney General on best practices to collect dis20 ability status data in instances where a death, 

21 a shooting, or an injury has occurred as a re22 sult of an interaction with a law enforcement 

23 officer. 

24 (2) RECOMMENDATIONS.—Not later than 2 

25 years after the date of enactment of this Act, the 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 5107 IS

1 Advisory Council shall submit to the Secretary, the 

2 Attorney General, the Committee on Finance and 

3 the Special Committee on Aging of the Senate, and 

4 the Committee on Ways and Means and the Com5 mittee on Energy and Commerce of the House of 

6 Representatives, the recommended data collection 

7 and reporting methodology and other recommenda8 tions developed under paragraph (1). 

9 (f) INDEPENDENT STUDY.— 

10 (1) GRANT AUTHORIZED.—After receiving the 

11 recommendations under subsection (e)(2), the Sec12 retary shall award a grant, to an independent re13 search organization or institution of higher edu14 cation, to conduct an independent study to test the 

15 validity and reliability of the data collection and re16 porting methodology developed under such sub17 section. 

18 (2) REVIEW BY ADVISORY COUNCIL.—The Sec19 retary shall share the results of the study conducted 

20 under paragraph (1) with the Advisory Council as 

21 soon as practicable. 

22 (g) REPORT.— 

23 (1) IN GENERAL.—Not later than 180 days 

24 after receiving the results of the study conducted 

25 under subsection (f), the Advisory Council shall reVerDate Sep 11 2014 02:53 Nov 18, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S5107.IS S5107

kjohnson on DSK79L0C42PROD with BILLS
6 

•S 5107 IS

1 convene and prepare and submit a report to the Sec2 retary, the Attorney General, the Committee on Fi3 nance and the Special Committee on Aging of the 

4 Senate, and the Committee on Ways and Means and 

5 the Committee on Energy and Commerce of the 

6 House of Representatives, with final recommenda7 tions on best practices to collect data on the inter8 actions between law enforcement officers and indi9 viduals with disabilities. 

10 (2) PUBLIC AVAILABILITY.—Upon receiving the 

11 report described in paragraph (1), the Secretary 

12 shall make the report available to the public. 

13 (h) ADOPTION OF BEST PRACTICES BY ATTORNEY

14 GENERAL.—The Attorney General shall review the best 

15 practices recommended in the report under subsection 

16 (g)(1) and, to the extent that the Attorney General deter17 mines appropriate, implement the best practices within the 

18 Department of Justice. 

19 (i) TERMINATION.—The Advisory Council shall ter20 minate by not later than 30 days after the submission of 

21 the report to the Secretary under subsection (g)(1). 

22 SEC. 4. BUREAU OF JUSTICE STATISTICS SURVEY. 

23 (a) DEFINITION.—In this section, the term ‘‘Direc24 tor’’ means the Director of the Bureau of Justice Statis25 tics. 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 5107 IS

1 (b) INCLUSION OF DISABILITY STATUS IN POLICE2 PUBLIC CONTACT SURVEY.—The Director, in conducting 

3 the Police-Public Contact Survey, shall collect data on the 

4 disability status of individuals who have had contact with 

5 law enforcement officers. 

6 (c) STATISTIC ANALYSIS BY THIRD-PARTY ORGANI7 ZATION.— 

8 (1) GRANT.—The Director shall award a grant 

9 to a single, independent third-party organization, 

10 which may be an institution of higher education or 

11 other research institution, to conduct a statistical 

12 analysis of data collected in the Police-Public Con13 tact Survey to identify trends in reports of violence 

14 committed by law enforcement officers against indi15 viduals with disabilities. 

16 (2) DEADLINE.—The Director shall require the 

17 third-party organization that receives the grant 

18 under paragraph (1) to complete the statistical anal19 ysis not later than 1 year after the date on which 

20 the Director begins collecting data on disability sta21 tus under subsection (b). 

22 SEC. 5. DEATH IN CUSTODY REPORTING ACT. 

23 (a) DISABILITY STATUS.—Section 2 of the Death in 

24 Custody Reporting Act of 2013 (34 U.S.C. 60105) is 

25 amended— 


kjohnson on DSK79L0C42PROD with BILLS
8 

•S 5107 IS

1 (1) in subsection (b)(1), by inserting ‘‘disability 

2 status,’’ after ‘‘ethnicity,’’; 

3 (2) in subsection (f), in the heading, by striking 

4 ‘‘STUDY AND REPORT’’ and inserting ‘‘INITIAL

5 STUDY AND REPORT’’; and 

6 (3) by adding at the end the following: 

7 ‘‘(g) ANNUAL REPORT.— 

8 ‘‘(1) IN GENERAL.—Each year, the Attorney 

9 General shall publish a report on the information re10 ported under subsection (b) and section 3(a). 

11 ‘‘(2) LOCAL DISAGGREGATION.—The Attorney 

12 General shall disaggregate the information published 

13 under paragraph (1) by the locality in which the 

14 death occurred.’’. 

15 (b) FBI USE-OF-FORCE DATA COLLECTION PRO16 GRAM.—The Death in Custody Reporting Act of 2013 

17 (Public Law 113–242; 128 Stat. 2860) is amended— 

18 (1) in section 2(c) (34 U.S.C. 60105(c)), by 

19 adding at the end the following: 

20 ‘‘(3) COMPLIANCE THROUGH PARTICIPATION IN

21 NATIONAL USE-OF-FORCE DATA COLLECTION.—A 

22 State may satisfy the requirement under subsection 

23 (a) by— 


kjohnson on DSK79L0C42PROD with BILLS
9 

•S 5107 IS

1 ‘‘(A) participating in the National Use-of2 Force Data Collection of the Federal Bureau of 

3 Investigation; and 

4 ‘‘(B) including with the information re5 ported for the National Use-of-Force Data Col6 lection the disability status of of each subject of 

7 the use of force.’’; and 

8 (2) in section 3 (18 U.S.C. 4001 note)— 

9 (A) by redesignating subsection (c) as sub10 section (d); and 

11 (B) by inserting after subsection (b) the 

12 following: 

13 ‘‘(c) COMPLIANCE THROUGH PARTICIPATION IN NA14 TIONAL USE-OF-FORCE DATA COLLECTION.—A Federal 

15 law enforcement agency may satisfy the requirement 

16 under subsection (a) by— 

17 ‘‘(1) participating in the National Use-of-Force 

18 Data Collection of the Federal Bureau of Investiga19 tion; and 

20 ‘‘(2) including with the information reported for 

21 the National Use-of-Force Data Collection the dis22 ability status of each subject of the use of force.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS