Data on Interactions and Accountability for Law Enforcement with Individuals with Disabilities Act

II 118TH CONGRESS 1ST SESSION S. 1730 To strengthen the collection of data regarding interactions between law enforcement officers and individuals with disabilities. IN THE SENATE OF THE UNITED STATES MAY 18, 2023 Mr. CASEY (for himself, Mr. SANDERS, Ms. WARREN, Mr. VAN HOLLEN, Mr. DURBIN, Ms. DUCKWORTH, Mr. MENENDEZ, Ms. HIRONO, Mr. FETTERMAN, and Mr. BROWN) 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Data on Interactions 4 and Accountability for Law Enforcement with Individuals 5 with Disabilities Act’’. 6 SEC. 2. DEFINITIONS. 7 In this Act: 8 VerDate Sep 11 2014 05:05 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1730.IS S1730 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1730 IS (1) DISABILITY.—The term ‘‘disability’’ has the 1 meaning given the term in section 3 of the Ameri- 2 cans with Disabilities Act of 1990 (42 U.S.C. 3 12102). 4 (2) INSTITUTION OF HIGHER EDUCATION.—The 5 term ‘‘institution of higher education’’ has the 6 meaning given the term in section 101 of the Higher 7 Education Act of 1965 (20 U.S.C. 1001). 8 SEC. 3. ADVISORY COUNCIL ON DISABILITY STATUS AND 9 LAW ENFORCEMENT INTERACTION DATA 10 COLLECTION. 11 (a) DEFINITION.—In this section, the term ‘‘Sec- 12 retary’’ means the Secretary of Health and Human Serv- 13 ices. 14 (b) ESTABLISHMENT.—Not later than 120 days after 15 the date of enactment of this Act, the Secretary shall es- 16 tablish the Advisory Council on Disability Status and Law 17 Enforcement Interaction Data Collection (in this section 18 referred to as the ‘‘Advisory Council’’). 19 (c) MEMBERSHIP.— 20 (1) CONSIDERATIONS.—The Secretary shall ap- 21 point the members of the Advisory Council in a 22 manner that— 23 (A) provides diverse representation of pop- 24 ulations underrepresented on advisory commit- 25 VerDate Sep 11 2014 05:05 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1730.IS S1730 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1730 IS tees, such as underrepresented racial and ethnic 1 populations; and 2 (B) ensures that more than 50 percent of 3 the members are individuals with disabilities. 4 (2) COMPOSITION.—The members of the Advi- 5 sory Council shall include representatives of— 6 (A) individuals with disabilities; 7 (B) individuals aged 65 and older; 8 (C) law enforcement organizations, includ- 9 ing representatives of rank and file law enforce- 10 ment officers; 11 (D) faculty or researchers, at institutions 12 of higher education or other research institu- 13 tions, with expertise in disability research; 14 (E) faculty or researchers, at institutions 15 of higher education or other research institu- 16 tions, with expertise in criminal justice research 17 and statistics; 18 (F) States, including State surveying agen- 19 cies; 20 (G) State and local public safety agencies; 21 (H) nonprofit organizations led by and 22 serving the disability population; 23 (I) the National Quality Forum or other 24 quality measurement entity; and 25 VerDate Sep 11 2014 05:05 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1730.IS S1730 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1730 IS (J) the Bureau of Justice Statistics of the 1 Department of Justice. 2 (d) CHAIRPERSON; VICE-CHAIRPERSON.—The Sec- 3 retary shall select— 4 (1) a member of the Advisory Council who is an 5 individual with a disability to be the chairperson of 6 the Advisory Council; and 7 (2) a member of the Advisory Council who is a 8 representative of a law enforcement agency to be the 9 vice-chairperson of the Advisory Council. 10 (e) DUTIES.— 11 (1) DATA COLLECTION AND REPORTING DEVEL- 12 OPMENT.—The Advisory Council shall— 13 (A) develop a valid and reliable data collec- 14 tion and reporting methodology on interactions 15 between law enforcement officers and individ- 16 uals with disabilities; and 17 (B) provide recommendations to the Attor- 18 ney General on best practices to collect dis- 19 ability status data in instances where a death, 20 a shooting, or an injury has occurred as a re- 21 sult of an interaction with a law enforcement 22 officer. 23 (2) RECOMMENDATIONS.—Not later than 2 24 years after the date of enactment of this Act, the 25 VerDate Sep 11 2014 05:05 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1730.IS S1730 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1730 IS Advisory Council shall submit to the Secretary, the 1 Attorney General, the Committee on Finance and 2 the Special Committee on Aging of the Senate, and 3 the Committee on Ways and Means and the Com- 4 mittee on Energy and Commerce of the House of 5 Representatives, the recommended data collection 6 and reporting methodology and other recommenda- 7 tions developed under paragraph (1). 8 (f) INDEPENDENT STUDY.— 9 (1) GRANT AUTHORIZED.—After receiving the 10 recommendations under subsection (e)(2), the Sec- 11 retary shall award a grant, to an independent re- 12 search organization or institution of higher edu- 13 cation, to conduct an independent study to test the 14 validity and reliability of the data collection and re- 15 porting methodology developed under such sub- 16 section. 17 (2) REVIEW BY ADVISORY COUNCIL.—The Sec- 18 retary shall share the results of the study conducted 19 under paragraph (1) with the Advisory Council as 20 soon as practicable. 21 (g) REPORT.— 22 (1) IN GENERAL.—Not later than 180 days 23 after receiving the results of the study conducted 24 under subsection (f), the Advisory Council shall re- 25 VerDate Sep 11 2014 05:05 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1730.IS S1730 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1730 IS convene and prepare and submit a report to the Sec- 1 retary, the Attorney General, the Committee on Fi- 2 nance and the Special Committee on Aging of the 3 Senate, and the Committee on Ways and Means and 4 the Committee on Energy and Commerce of the 5 House of Representatives, with final recommenda- 6 tions on best practices to collect data on the inter- 7 actions between law enforcement officers and indi- 8 viduals with disabilities. 9 (2) PUBLIC AVAILABILITY.—Upon receiving the 10 report described in paragraph (1), the Secretary 11 shall make the report available to the public. 12 (h) ADOPTION OF BEST PRACTICES BY ATTORNEY 13 GENERAL.—The Attorney General shall review the best 14 practices recommended in the report under subsection 15 (g)(1) and, to the extent that the Attorney General deter- 16 mines appropriate, implement the best practices within the 17 Department of Justice. 18 (i) TERMINATION.—The Advisory Council shall ter- 19 minate by not later than 30 days after the submission of 20 the report to the Secretary under subsection (g)(1). 21 SEC. 4. BUREAU OF JUSTICE STATISTICS SURVEY. 22 (a) DEFINITION.—In this section, the term ‘‘Direc- 23 tor’’ means the Director of the Bureau of Justice Statis- 24 tics. 25 VerDate Sep 11 2014 05:05 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1730.IS S1730 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1730 IS (b) INCLUSION OF DISABILITY STATUS IN POLICE- 1 PUBLIC CONTACT SURVEY.—The Director, in conducting 2 the Police-Public Contact Survey, shall collect data on the 3 disability status of individuals who have had contact with 4 law enforcement officers. 5 (c) STATISTIC ANALYSIS BY THIRD-PARTY ORGANI- 6 ZATION.— 7 (1) GRANT.—The Director shall award a grant 8 to a single, independent third-party organization, 9 which may be an institution of higher education or 10 other research institution, to conduct a statistical 11 analysis of data collected in the Police-Public Con- 12 tact Survey to identify trends in reports of violence 13 committed by law enforcement officers against indi- 14 viduals with disabilities. 15 (2) DEADLINE.—The Director shall require the 16 third-party organization that receives the grant 17 under paragraph (1) to complete the statistical anal- 18 ysis not later than 1 year after the date on which 19 the Director begins collecting data on disability sta- 20 tus under subsection (b). 21 SEC. 5. DEATH IN CUSTODY REPORTING ACT. 22 (a) DISABILITY STATUS.—Section 2 of the Death in 23 Custody Reporting Act of 2013 (34 U.S.C. 60105) is 24 amended— 25 VerDate Sep 11 2014 05:05 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1730.IS S1730 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1730 IS (1) in subsection (b)(1), by inserting ‘‘disability 1 status,’’ after ‘‘ethnicity,’’; 2 (2) in subsection (f), in the heading, by striking 3 ‘‘STUDY AND REPORT’’ and inserting ‘‘INITIAL 4 STUDY AND REPORT’’; and 5 (3) by adding at the end the following: 6 ‘‘(g) ANNUAL REPORT.— 7 ‘‘(1) IN GENERAL.—Each year, the Attorney 8 General shall publish a report on the information re- 9 ported under subsection (b) and section 3(a). 10 ‘‘(2) LOCAL DISAGGREGATION.—The Attorney 11 General shall disaggregate the information published 12 under paragraph (1) by the locality in which the 13 death occurred.’’. 14 (b) FBI USE-OF-FORCE DATA COLLECTION PRO- 15 GRAM.—The Death in Custody Reporting Act of 2013 16 (Public Law 113–242; 128 Stat. 2860) is amended— 17 (1) in section 2(c) (34 U.S.C. 60105(c)), by 18 adding at the end the following: 19 ‘‘(3) COMPLIANCE THROUGH PARTICIPATION IN 20 NATIONAL USE-OF-FORCE DATA COLLECTION.—A 21 State may satisfy the requirement under subsection 22 (a) by— 23 VerDate Sep 11 2014 05:05 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1730.IS S1730 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1730 IS ‘‘(A) participating in the National Use-of- 1 Force Data Collection of the Federal Bureau of 2 Investigation; and 3 ‘‘(B) including with the information re- 4 ported for the National Use-of-Force Data Col- 5 lection the disability status of each subject of 6 the use of force.’’; and 7 (2) in section 3 (18 U.S.C. 4001 note)— 8 (A) by redesignating subsection (c) as sub- 9 section (d); and 10 (B) by inserting after subsection (b) the 11 following: 12 ‘‘(c) COMPLIANCE THROUGH PARTICIPATION IN NA- 13 TIONAL USE-OF-FORCE DATA COLLECTION.—A Federal 14 law enforcement agency may satisfy the requirement 15 under subsection (a) by— 16 ‘‘(1) participating in the National Use-of-Force 17 Data Collection of the Federal Bureau of Investiga- 18 tion; and 19 ‘‘(2) including with the information reported for 20 the National Use-of-Force Data Collection the dis- 21 ability status of each subject of the use of force.’’. 22 Æ VerDate Sep 11 2014 05:05 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\S1730.IS S1730 kjohnson on DSK79L0C42PROD with BILLS