(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 de-
ceased; and 
(4) a brief description of the circumstances sur-
rounding 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 ad-
ditional 120 days to a State that is making 
good faith efforts to comply with such sub-
section; and 
(B) the Attorney General shall waive the 
requirements of subsection (a) if compliance 
with such subsection by a State would be un-
constitutional 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 sub-
VerDate Mar 15 2010 
00:25 Sep 08, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2189.RH
H2189
smartinez on DSK6TPTVN1PROD with BILLS
section (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 allo-
cated 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 Assist-
ance Programs, the Local Government Law Enforce-
ment Block Grants Program, the Edward Byrne Me-
morial Justice Assistance Grant Program, or other-
wise. 
(d) REALLOCATION.—Amounts not allocated under a 
program referred to in subsection (c)(2) to a State for fail-
ure to fully comply with subsection (a) shall be reallocated 
under that program to States that have not failed to com-
ply 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.— 
VerDate Mar 15 2010 
00:25 Sep 08, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2189.RH
H2189
smartinez on DSK6TPTVN1PROD with BILLS
(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 infor-
mation can be used to reduce the number of 
such deaths; and 
(B) examine the relationship, if any, be-
tween the number of such deaths and the ac-
tions 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 Gen-
eral 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 enact-
ment of this Act), the head of each Federal law enforce-
ment agency shall submit to the Attorney General a report 
(in such form and manner specified by the Attorney Gen-
eral) that contains information regarding the death of any 
person who is— 
VerDate Mar 15 2010 
00:25 Sep 08, 2011
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2189.RH
H2189
smartinez on DSK6TPTVN1PROD with BILLS
(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 en-
forcement officer while participating in and for pur-
poses of a Federal law enforcement operation, task 
force, or any other Federal law enforcement capacity 
carried out by such Federal law enforcement agen-
cy); 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 with-
in the United States. 
(b) INFORMATION REQUIRED.—Each report required 
by this section shall include, at a minimum, the informa-
tion 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). 
VerDate Mar 15 2010 
00:25 Sep 08, 2011
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2189.RH
H2189
smartinez on DSK6TPTVN1PROD with BILLS
Union Calendar No. 127 
112TH CONGRESS 
1ST SESSION 
H. R. 2189 
[Report No. 112–198] 
A BILL 
To encourage States to report to the Attorney Gen-
eral certain information regarding the deaths of 
individuals in the custody of law enforcement 
agencies, and for other purposes. 
SEPTEMBER 7, 2011 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
VerDate Mar 15 2010 
00:25 Sep 08, 2011
Jkt 099200
PO 00000
Frm 00008
Fmt 6651
Sfmt 6651
E:\BILLS\H2189.RH
H2189
smartinez on DSK6TPTVN1PROD with BILLS