Death in Custody Reporting Act of 2013

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.

Summary: Death in Custody Reporting Act of 2013 - Requires states that receive allocations under specified provisions of the Omnibus Crime Control and Safe Streets Act of 1968, 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, to report to the Attorney General on a quarterly basis certain information regarding the death of any person who is detained, arrested, en route to incarceration, or incarcerated in state or local facilities or a boot camp prison. Imposes penalties on states that fail to comply with such reporting requirements. Requires the head of each federal law enforcement agency to report to the Attorney General annually certain information regarding the death of any person who: (1) is detained or arrested by any officer of such agency. Or (2) is en route to be incarcerated or detained, or is incarcerated or detained, at any federal correctional facility or federal pretrial detention facility located within the United States or any other facility pursuant to a contract with or used by such agency. Requires the Attorney General to study such information and report on means by which it can be used to reduce the number of such deaths.