[Congressional Record Volume 157, Number 140 (Tuesday, September 20, 2011)]
[House]
[Pages H6244-H6246]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 DEATH IN CUSTODY REPORTING ACT OF 2011

  Mr. SMITH of Texas. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 2189) 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. 2189

       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 2011''.

     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;

[[Page H6245]]

       (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 
Texas (Mr. Smith) and the gentleman from Virginia (Mr. Scott) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous materials on H.R. 2189 currently 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  The Death in Custody Reporting Act of 2000 directed the Justice 
Department's Bureau of Justice Statistics to collect data on deaths 
that occur at two stages of the criminal justice system: deaths that 
occur in the process of arrest and deaths that occur in jails and 
prisons. The provisions of that Act expired in 2006.
  H.R. 2189 reauthorizes this data collection program. It further 
directs the Attorney General not only to collect the data, but also to 
study the data to determine how to reduce deaths in custody in the 
future.
  The bill also extends the reporting requirements to deaths that occur 
in Federal custody. And it ensures that those States that make a good 
faith effort to report this data to the Attorney General will not lose 
10 percent of their Federal justice assistance funds if their data 
submissions are untimely.
  The Bureau of Justice Statistics reports that between 2001 and 2006 
there were over 18,000 state prisoner deaths. There were an additional 
7,000 local prisoner deaths between 2000 and 2006.

                              {time}  1420

  More than nine out of every 10 State prisoner deaths were the result 
of illness or suicide, and eight out of 10 deaths at the local jail 
level were from those same causes. Although illness-related deaths have 
increased slightly in recent years, the homicide and suicide rates in 
the State prisons have dramatically decreased over the last 25 years.
  The collection of this data will help Federal, State, and local 
governments examine the relationship between deaths in custody and the 
proper management of jail and prison facilities. It will also provide 
important information to Congress on any need to improve Federal 
custody procedures.
  Because the Bureau of Justice Statistics has continued to collect the 
information even though the prior law has expired, this bill will not 
impose any new costs on the agency.
  The House passed similar legislation in the 110th and the 111th 
Congresses with overwhelming bipartisan support. I want to thank the 
gentleman from Virginia (Mr. Scott) for introducing this bill and for 
his interest and knowledge of the subject. I urge my colleagues to 
support this legislation, and I reserve the balance of my time.
  Mr. SCOTT of Virginia. I yield myself such time as I may consume.
  Mr. Speaker, I'm pleased to support H.R. 2189, the Death in Custody 
Reporting Act of 2011.
  The bill would require local, State, and Federal law enforcement 
agencies to report to the Department of Justice information about 
deaths of individuals which occur while in their custody. We've learned 
from history about how useful this information can be.
  In the 1980s, there was an increased focus on conditions in State and 
local jails and prisons and the problem of prisoners dying in custody. 
The interest in oversight of this issue was generated primarily because 
of the rising tide of expensive wrongful death cases brought in 
relation to these deaths. Press reports in the 1990s concerning prison 
abuses and deaths of those incarcerated being attributed to suicide led 
Congress to develop legislation in response to this problem.
  The Death in Custody Reporting Act of 2000 was enacted to require 
States to report quarterly to the Attorney General brief information 
regarding the death of any person in the process of arrest or who is 
otherwise in custody, including jails, prisons, and juvenile 
facilities.
  That law expired in 2006, which led to the effort to reauthorize 
substantially the same requirements on States and to extend them to 
Federal agencies as well, which is what H.R. 2189 would do.
  This extension, as the gentleman from Texas has mentioned, modifies 
the sanctions applied for those who do not comply with providing the 
information. It is expected that the information will be given and 
negotiations, rather than mandatory sanctions, should result in the 
information being available.
  With detailed statistical data, policymakers at the local, State, and 
Federal levels can make informed judgments about the appropriate 
treatment of prisoners and develop ways to lower the prisoner death 
rate. In fact, since the focus on deaths in custody emerged in the 
1980s and the enactment of the law in 2000, there have been significant 
declines in deaths of those in custody.
  This bill is an important reaffirmation of the importance of 
requiring that States submit this information and expands this 
commitment to Federal law enforcement agencies as well.
  This initiative has a history of strong bipartisan support; and I 
thank my colleagues from the other side of the aisle, particularly the 
gentleman from Texas, the chair of the Judiciary Committee, Mr. Smith, 
for bringing the bill to the floor today.
  I urge my colleagues to support the bill, Mr. Speaker, and I yield 
back the balance of my time.
  Mr. SMITH of Texas. I yield back the balance of my time.
  Ms. JACKSON LEE of Texas. Mr. Speaker, I rise today in support of 
H.R. 2189, ``the Death in Custody Reporting Act of 2011,'' would 
require Federal law enforcement agencies and States that receive 
certain Federal funds to report to the Department of Justice (DOJ) any 
deaths of persons arrested or detained by law enforcement personnel 
under their jurisdiction. H.R. 2189 directs DOJ to prepare a report, 
within two years of enactment, on the information provided by Federal 
agencies and States and on ways to reduce the number of such deaths.
  As a Senior Member on the Judiciary Committee, I am always concerned 
about the care of all persons detained by Federal, State, and local 
authorities. Whenever a death occurs in local jails, State prisons, or 
during the process of arrests by local and State law enforcement, we 
must ensure that there are systems in place which can identify the 
reasons behind each death--in the hope that when possible we can 
prevent these deaths. The collection of this type of information is a 
vital first step in this process. The Bureau of Justice Statistics 
(BJS) collects and disseminates this type of data. Originally the 
program was initiated by The Death in Custody Reporting Act of 2000, 
upon the expiration of the Act; the BJS continued to collect this 
information. The BJS needs our support as they represent a unique 
national resource for understanding mortality in the criminal justice 
system.
  We all know the important role that law enforcement officers play in 
protecting our streets and our neighborhoods. This data reflects the 
challenges that they must face in the line of duty and how to best 
address those challenges. According to the Bureau of Justice 
Statistics, forty-seven States and the District of Columbia reported 
2,002 arrest-related deaths during the three years from 2003 through 
2005. Homicides by State and local law enforcement officers were the 
leading cause of such deaths at 55 percent of deaths, followed by 
alcohol and drug intoxication incidents, which accounted for 13 percent 
of deaths, and suicides that represented 12 percent of deaths. In 80 
percent of homicides by law enforcement officers, the person being 
arrested reportedly used a weapon to threaten or assault the arresting 
officer. Virtually all homicides by officers which accounts for 96 
percent of deaths were caused by firearm use. According to the FBI 
during the same period 380 law enforcement officers were killed in the 
line of duty of which 159 were homicides. Having these facts readily 
available will allow authorities to find ways to address the issues 
faced by those being detained, in detention, and those responsible for 
safeguarding our neighborhoods and upholding our laws.

[[Page H6246]]

  H.R. 2189 requires States to report to the Attorney General on 
quarterly basis 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. To encourage compliance with 
this requirement States that fail to comply must pay a penalty. H.R. 
2189 also requires the head of each Federal law enforcement agency to 
provide a report directly to the Attorney General. The Attorney General 
will then study the information and report on means by which it can be 
used to reduce the number of such deaths.
  Summarily H.R. 2189 reauthorizes the Death in Custody Reporting Act. 
This legislation requires the submission of death statistics at the 
Federal, State and local levels. The legislation also provides for 
reductions of up to ten percent of Federal Byrne JAG grant funds at the 
discretion of the Attorney General, in the event of a State's non-
compliance with the reporting requirements. H.R. 2189 also requires an 
accurate and complete study and report of information on deaths that 
occurred in custody. Further, H.R. 2189 does not authorize or require 
any additional spending.
  For these reasons I support this legislation and firmly believe it 
can be used to advance our understanding of mortality in the criminal 
justice system, which will one day save a life. We must continue to 
protect persons who are in the custody of Federal, State, and local 
authorities. I urge my colleagues to lend their support to the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Smith) that the House suspend the rules and 
pass the bill, H.R. 2189.
  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. SMITH of Texas. Mr. 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, further 
proceedings on this question will be postponed.
  The point of no quorum is considered withdrawn.

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