[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 738 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 738


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 5, 2009

    Received, read twice and referred to the Committee on the Budget

_______________________________________________________________________

                                 AN ACT


 
     To encourage States to report to the Attorney General certain 
 information regarding the deaths of individuals in the custody of law 
             enforcement agencies, and for other purposes.

    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 ``Death in Custody Reporting Act of 
2009''.

SEC. 2. STATE INFORMATION REGARDING INDIVIDUALS WHO DIE IN THE CUSTODY 
              OF LAW ENFORCEMENT.

    (a) In General.--For each fiscal year after the expiration of the 
period specified in subsection (c)(1) in which a State receives funds 
for a program referred to in subsection (c)(2), the State shall report 
to the Attorney General, on a quarterly basis and pursuant to 
guidelines established by the Attorney General, information regarding 
the death of any person who is detained, under arrest, or is in the 
process of being arrested, is en route to be incarcerated, or is 
incarcerated at a municipal or county jail, State prison, State-run 
boot camp prison, boot camp prison that is contracted out by the State, 
any State or local contract facility, or other local or State 
correctional facility (including any juvenile facility).
    (b) Information Required.--The report required by this section 
shall contain information that, at a minimum, includes--
            (1) the name, gender, race, ethnicity, and age of the 
        deceased;
            (2) the date, time, and location of death;
            (3) the law enforcement agency that detained, arrested, or 
        was in the process of arresting the deceased; and
            (4) a brief description of the circumstances surrounding 
        the death.
    (c) Compliance and Ineligibility.--
            (1) Compliance date.--Each State shall have not more than 
        120 days from the date of enactment of this Act to comply with 
        subsection (a), except that--
                    (A) the Attorney General may grant an additional 
                120 days to a State that is making good faith efforts 
                to comply with such subsection; and
                    (B) the Attorney General shall waive the 
                requirements of subsection (a) if compliance with such 
                subsection by a State would be unconstitutional under 
                the constitution of such State.
            (2) Ineligibility for funds.--For any fiscal year after the 
        expiration of the period specified in paragraph (1), a State 
        that fails to comply with subsection (a), shall, at the 
        discretion of the Attorney General, be subject to not more than 
        a 10 percent reduction of the funds that would otherwise be 
        allocated for that fiscal year to the State under subpart 1 of 
        part E of title I of the Omnibus Crime Control and Safe Streets 
        Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as 
        the Edward Byrne Memorial State and Local Law Enforcement 
        Assistance Programs, the Local Government Law Enforcement Block 
        Grants Program, the Edward Byrne Memorial Justice Assistance 
        Grant Program, or otherwise.
    (d) Reallocation.--Amounts not allocated under a program referred 
to in subsection (c)(2) to a State for failure to fully comply with 
subsection (a) shall be reallocated under that program to States that 
have not failed to comply with such subsection.
    (e) Definitions.--In this section the terms ``boot camp prison'' 
and ``State'' have the meaning given those terms, respectively, in 
section 901(a) of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3791(a)).
    (f) Study and Report of Information Relating to Deaths in 
Custody.--
            (1) Study required.--The Attorney General shall carry out a 
        study of the information reported under subsection (b) and 
        section 3(a) to--
                    (A) determine means by which such information can 
                be used to reduce the number of such deaths; and
                    (B) examine the relationship, if any, between the 
                number of such deaths and the actions of management of 
                such jails, prisons, and other specified facilities 
                relating to such deaths.
            (2) Report.--Not later than 2 years after the date of the 
        enactment of this Act, the Attorney General shall prepare and 
        submit to Congress a report that contains the findings of the 
        study required by paragraph (1).

SEC. 3. FEDERAL LAW ENFORCEMENT DEATH IN CUSTODY REPORTING REQUIREMENT.

    (a) In General.--For each fiscal year (beginning after the date 
that is 120 days after the date of the enactment of this Act), the head 
of each Federal law enforcement agency shall submit to the Attorney 
General a report (in such form and manner specified by the Attorney 
General) that contains information regarding the death of any person 
who is--
            (1) detained, under arrest, or is in the process of being 
        arrested by any officer of such Federal law enforcement agency 
        (or by any State or local law enforcement officer while 
        participating in and for purposes of a Federal law enforcement 
        operation, task force, or any other Federal law enforcement 
        capacity carried out by such Federal law enforcement agency); 
        or
            (2) en route to be incarcerated or detained, or is 
        incarcerated or detained at--
                    (A) any facility (including any immigration or 
                juvenile facility) pursuant to a contract with such 
                Federal law enforcement agency;
                    (B) any State or local government facility used by 
                such Federal law enforcement agency; or
                    (C) any Federal correctional facility or Federal 
                pre-trial detention facility located within the United 
                States.
    (b) Information Required.--Each report required by this section 
shall include, at a minimum, the information required by section 2(b).
    (c) Study and Report.--Information reported under subsection (a) 
shall be analyzed and included in the study and report required by 
section 2(f).

            Passed the House of Representatives February 4, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.