    [United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 113-242
    113th Congress

    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.

    [[Page 2861]]

    (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

    [[Page 2862]]

    (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).

    Approved December 18, 2014.

    LEGISLATIVE HISTORY--H.R. 1447:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 113-285 (Comm. on the Judiciary).
    CONGRESSIONAL RECORD:
    Vol. 159 (2013):
    Dec. 12, considered and passed
    House.
    Vol. 160 (2014):
    Dec. 10, considered and passed
    Senate.