[Congressional Record Volume 155, Number 21 (Tuesday, February 3, 2009)]
[House]
[Pages H884-H887]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEATH IN CUSTODY REPORTING ACT OF 2009
Mr. SCOTT of Virginia. Madam Speaker, I move to suspend the rules and
pass the bill (H.R. 738) 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 738
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
[[Page H885]]
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).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Scott) and the gentleman from Texas (Mr. Poe) each will
control 20 minutes.
The Chair recognizes the gentleman from Virginia.
General Leave
Mr. SCOTT of Virginia. Madam Speaker, I ask unanimous consent that
all Members be given 5 legislative days to revise and extend their
remarks and to include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. SCOTT of Virginia. Madam Speaker, I yield myself such time as I
may consume.
H.R. 738 will strengthen the Death in Custody Reporting Act of 2000,
a law which encourages constructive oversight of the conduct, of the
arrests, of imprisonment, and of other forms of detention in our
Nation's prisons and jails. If we are to have meaningful oversight, we
have to at least know how many people are dying in our jails and
prisons.
{time} 1445
The Death in Custody Act simply requires States and localities to
simply report the fact that a death occurred and a brief description of
what happened.
The bill reinforces the 2000 act's reporting requirements by
authorizing the Attorney General to withhold a portion of the State's
Byrne-Justice Assistance Grants if it is not in compliance with those
requirements.
It will help improve oversight in two other additional ways. First,
it applies the reporting requirements to Federal law enforcement
authorities as well as States. As a result, Congress will have
information for the entire incarcerated population in the United
States, not just the State systems.
Second, H.R. 738 directs the Attorney General to examine data
collected by the Bureau of Justice since the original act became
effective to identify what practices are most effective in lowering the
death rate in our Nation's prisons and jails. For example, the bureau
reported in August of 2005 that there had been a 64 percent decline in
suicides in custody and a 93 percent decline in homicides in custody
since 1980.
The Attorney General's study should provide Congress with useful
guidance on why the death rate was reduced, and what we can do to
continue to lower it. Like the original Death In Custody Reporting Act
of 2000, the bill enjoys broad bipartisan support. Statistics collected
under the original act demonstrate that it can be exceptionally
successful because those administering prisons and jails know that they
will have to report each death in their custody and they may be held
accountable for those deaths. And this bill not only continues the
program but strengthens it. And I encourage my colleagues to support
the bill.
I reserve the balance of my time.
Mr. POE of Texas. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in support of H.R. 738, the Death in Custody
Reporting Act of 2009. As my colleague, Chairman Scott, has mentioned a
few moments ago, Congress passed a similar piece of legislation in the
110th Congress with overwhelming bipartisan support.
The Death in Custody Reporting Act of 2000 directs the Bureau of
Justice Statistics within the Department of Justice to collect data on
deaths that occur in two primary stages of the criminal justice system:
First, deaths occur ``in the process of arrest'' or during transfer
after arrest; and second, deaths that occur in jail and in prisons.
The Bureau of Justice Statistics report that between 2001 and 2006
there were 18,550 State prisoner deaths. Likewise, there were an
additional 5,935 local prisoner deaths and 43 juvenile deaths between
2000 and 2005
Half of all State prison deaths are the result of heart disease and
cancer; two-thirds involve inmates age 45 and older; and two-thirds are
the result of medical problems which were present at the time of
admission when they were incarcerated.
Although illness-related deaths have slightly increased in recent
years, the homicide and suicide rates in State prisons have
dramatically decreased over the last 25 years.
H.R. 738 reauthorizes this data collection program and directs the
Attorney General to not simply collect the data but to study it, as
well as to determine how to reduce deaths in custody in the future.
H.R. 738 incorporates several changes adopted by the Senate during
the last Congress. In addition to collecting data from State and local
agencies, the Attorney General is now directed to also collect data on
the number of deaths that occur in Federal facilities each year.
The bill also ensures that those States that make a good faith effort
to report this important data to the Attorney General will not
automatically lose 10 percent of their Byrne-Justice Assistance Grants
funding if their data submissions are untimely. The collection of this
data will help Federal, State, and local governments examine the
relationships between deaths in custody and the proper management of
jail and prison facilities. It will also provide important information
to Congress on how we may need to improve Federal custody procedures.
I urge all of my colleagues to support this legislation, and I
reserve the balance of my time.
Mr. SCOTT of Virginia. Madam Speaker, I have no additional speakers.
I will be prepared to close when the gentleman from Texas has yielded
back his time.
Mr. POE of Texas. Madam Speaker, I have two additional speakers, and
I wish to yield 3 minutes to the gentleman from Texas (Mr. Culberson).
Mr. CULBERSON. I thank my colleague for yielding.
Madam Speaker, we are considering today a piece of legislation to
report on the deaths of prisoners in Federal custody. As part of the
responsibility of this Congress, we have to make sure those prisons are
paid for. We've got to have the money to make sure we can pay for the
operation of those prisons and keep those prisoners safe.
In order to have that money, we've got to exercise fiscal
responsibility
[[Page H886]]
here as guardians of the Treasury. Our highest priority as the elected
representatives of the people who pay the taxes that pay for these
lights, that pay for this House Chamber, we've got an obligation to
protect their financial safety and security for the future. Not only
the safety and securities of these prisoners, but more importantly, the
safety and security of the American people.
In order to make sure we've got that money available, we need to be
very, very thoughtful and careful and remember that we face a deficit
of over $1 trillion, a national debt of over $10 trillion, unfunded
liabilities of $60 trillion-plus. The Comptroller tells us if you were
to sell off every asset in America that proceeds might generate $62
trillion.
So we've reached a point as a Nation, Madam Speaker, where our
national assets--all of the private property owned by every one of us;
sell the real estate, sell all your possessions--might generate $62
trillion. That's how much unfunded liability we've got out there that
our kids and grandchildren are going to have to pay for Medicare,
Social Security, Medicaid.
And now all of this new spending that the majority--the new liberal
majority has engaged in the biggest, most unrestrained profligate
spending spree in the history of America in a short 17-day period--the
change that the new majority has given America is it's spent $1.3
trillion in a short 17 days. Not sure how we're even going to be able
to assure the safety of prisoners in Federal custody much less the
safety and security of Americans across the Nation when in 17 days we
spent 50 percent, almost 50 percent more money than the entire annual
budget of the United States.
My colleague, Chairman Scott, a man of good faith and sincerity, says
he hopes that this financial stimulus package works. That's not enough.
That's a scary hope. Where are the legions of economists? Where are the
witnesses? Why wasn't there any testimony?
We had an appropriations hearing of about 6 hours to spend about $800
billion, our piece of this bill. Ways and Means had a hearing of maybe
about 6 hours. Normally, the entire annual budget of the United States,
about $900 billion, requires a year's worth of hearings, hundreds of
witnesses, hundreds of hours of committee hearings and thoughtful
deliberations by the committees of the Congress to generate the annual
budget for the United States of about $900 billion.
Yet this new liberal majority, this utterly unrestrained liberal
majority in Congress has managed to spend in a short 17-day period $1.3
trillion of borrowed money. Again, it's like me paying off my mortgage
with my Master Card. It makes no sense.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. POE of Texas. Madam Speaker, I yield the gentleman an additional
minute.
Mr. CULBERSON. And instead of, for example, this legislation that
we've got on the floor today, Madam Speaker, to protect and report on
the safety of prisoners in the prison system, one of the many
responsibilities of Congress, this utterly irresponsible profligate
spending that the new liberal majority has engaged in to stimulate the
economy, 800 million for Amtrak, 4 million for climate change. What is
this? We're going to have $200 million for AmeriCorps, $3 billion for
prevention and wellness programs, including sexually transmitted
diseases, $4.2 billion for neighborhood stabilization activities. What
is that? What does that have to do with protecting the financial safety
and security of the American people?
We're spending money. I am a fiscal conservative. And by the way, Mr.
Scott, I voted against most of those big spending programs that were
pushed over the last 8 years. I have done my best, as a fiscal
conservative, to vote against Medicare prescription drug, voted against
the farm bills, voted against No Child Left Behind, voted against as
much of these new big authorization spending programs as I can because
I'm trying to think about what obligation I'm passing on to my daughter
and future generations.
Madam Speaker, the best way to protect the safety of prisoners in
prisons and the safety of the American people is for this Congress to
cut spending and cut taxes and quit spending money we don't have.
Mr. POE of Texas. Madam Speaker, I yield 3 minutes to the gentleman
from Utah (Mr. Chaffetz).
Mr. CHAFFETZ. Thank you, I appreciate it.
Madam Speaker, I rise in support of H.R. 738. I appreciate the good
work and the action of the Congress and believe that this act will
actually encourage better government which our citizens certainly
support.
I also want to thank the men and women who are serving in these
prisons. They go underappreciated and, in my opinion, undercompensated.
That's why it gives me so much frustration as I see the out-of-control
spending that this Congress is willing to pass forward.
I read about $88 million for an ice-breaking ship in the polar
region, and yet we're not taking care of the men and women who are
there in the prisons protecting us against these criminals; $248
million for furniture at the new Homeland Security headquarters. I just
physically do not understand why this government, which is $10 trillion
in debt, which already has a $3.1 trillion budget, a budget that over
the course of the last 12 years has doubled, that there is not enough
financial constraint because we need to take care of those men and
women who are there protecting us in those prisons.
And while this act will go a long way to helping us understand what's
happening within the system, I just am so frustrated and fed up with
the Federal Government that cannot rein in spending as this so-called
stimulus package has $400 million for the Centers of Disease Control to
screen and prevent STDs--there does not seem to have the priorities in
place that we need as a Federal Government--$75 million for smoking
cessation activities.
Again, I think the American people demand limited government, fiscal
discipline, which seems to be lacking in this Congress as the Democrats
push forward, this liberal spending that we continue to see time and
time again. $10 million to inspect canals? $10 million to inspect
canals. I was actually glad to see a bill out there that actually had
the word ``millions'' instead of ``billions.''
Now this bill, this act, that we look at today, H.R. 738, Death in
Custody Reporting Act of 2009, will go a long ways to making government
better, but please let's take care of the men and women who are serving
us; and let's take get rid of this excessive spending, rein in
spending. We can't be all things to all people, but let's make sure
that we do those things that matter most to the American people and get
rid of this stimulus bill and get rid of the excessive spending that
does nothing but put us further and further into debt.
Mr. POE of Texas. Madam Speaker, I have no other speakers, and I
yield back the balance of my time.
Mr. SCOTT of Virginia. Madam Speaker, the Death in Custody Reporting
Act of 2009 has bipartisan support, and I appreciate the gentleman from
Texas stating that support.
And I would also like to remind people, as the other side has, that
we're going to have to come up with funds to do the research to make
best use of the statistics that we gather.
There are essentially two totally different economic theories in
place that we're consideration. One was in place for 8 years beginning
in 1993, and the other was in place from 2001 till last year. The
Democratic theory that passed without a Republican vote in either the
House or the Senate created 8 years where we eliminated the entire
deficit. If we hadn't messed up the budget, we would have, in 10 years,
run up a $5.5 trillion surplus, more than enough to pay Social Security
for 75 years without reducing benefits.
We had created tens of millions of jobs, median income was up over
$7,000, the Dow Jones Industrial Average more than tripled. I think
that was a good result.
We also have the Republican theory of economics that was in place
beginning in 2001 that passed with the Republican House and Republican
Senate and the Republican President. As a direct result of that plan,
we had the worst job performance since the Great Depression; the Dow
Jones Industrial
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Average didn't triple, it went down; median income went down, and we
ran up the national debt so much that it's almost doubled in the last 8
years rather than being eliminated as it would have been had the
Democratic plan continued without getting messed up.
The stimulus that's been disparaged is necessary to try to dig us out
of the mess that we're in. We all regret the fact that we need a
stimulus, but had we not had the mess that we're in, we wouldn't have
needed the stimulus.
And so, Madam Speaker, I close in support of the Death in Custody
Reporting Act of 2009. It will continue the reporting that we've had
and make best use of the statistics so that we can reduce these
preventible deaths in the custody of law enforcement officers.
Mr. HONDA. Madam Speaker, I would like to commend my colleague
Congressman Bobby Scott for his leadership in seeking to bring
transparency to the operation state and local prisons.
Congressman Scott's legislation, the Death in Custody Reporting Act
of 2009, compels state and local governments to report deaths of
prisoners in state prisons and local jails, and juvenile correctional
facilities. This reporting is an incredibly useful oversight tool, and
ensures accountability and transparency in our state and local
facilities.
The data that will be reported under the bill will allow public
officials and those in the nonprofit sector to track mortality rates as
related to illness, suicide, homicide, drug and alcohol use, and other
causes of death. This data is crucial if we hope to reduce deaths in
custody, and promote safer custody through the reduction of suicide,
drug abuse, violence, and the provision of proper medical care.
Again, I applaud Congressman Scott for his efforts and leadership and
urge my colleagues to support this legislation.
{time} 1500
Mr. SCOTT of Virginia. Madam Speaker, I yield back the balance of my
time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Scott) that the House suspend the rules
and pass the bill, H.R. 738.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. SCOTT of Virginia. Madam Speaker, I object to the vote on the
ground that a quorum is not present and make the point of order that a
quorum is not present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
____________________