[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1447 Enrolled Bill (ENR)]
H.R.1447
One Hundred Thirteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and fourteen
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
2013''.
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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.