[Congressional Record (Bound Edition), Volume 155 (2009), Part 2]
[House]
[Pages 2464-2467]
[From the U.S. 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 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

[[Page 2465]]

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 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

[[Page 2466]]

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 considering. 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 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 of 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.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I rise in support of H.R. 
738 ``Deaths in Custody Reporting Act of 2009.''
  The purpose of this bill is to encourage States to report to the 
Attorney General certain information regarding the deaths of 
individuals in the custody of law enforcement agencies. I urge my 
colleagues to support this legislation.
  Each year a small number of people die suddenly while restrained. 
Most of these deaths are associated with individuals who were 
restrained while being taken into custody during a violent police 
encounter. Other cases of sudden restraint death involve individuals in 
detention or residential treatment programs who were restrained during 
violent encounters while also under the influence of psychiatric 
medications.
  Madam Speaker, no one is certain how many restraint related sudden 
deaths occur each year. Identifying the exact cause of death is the 
biggest problem. The number of estimated deaths is in question but may 
range between 50 and 125 per year. Some estimates are higher. Sudden 
death after individuals were taken into police custody has been 
reported for several decades; however this piece of legislation 
provides the first uniform national reporting for all deaths in law 
enforcement and correctional custody. H.R. 738 will now make it 
possible to ascertain the percentage of deaths by suicides and 
homicides, or from natural causes, which will result in a significant 
improvement in the oversight of prisoner treatment. With the detailed 
statistical data, policy makers, both state and federal, can make 
informed policy judgments about the treatment of prisoners leading to 
great success in lowering the prisoner death rate. In fact, since the 
focus on deaths in custody emerged in the mid-1980's, the latest BJS 
report, dated August 2005, shows a 64 percent decline in suicides and a 
93 percent decline in the homicide rate.
  Madam Speaker, between 2001 and 2004, state prison authorities 
nationwide reported a total of 12,129 state prisoner deaths to the 
Deaths in Custody Reporting Program (DCRP). Total number of deaths 
excludes 258 State prison executions during 2001-2004. Nearly 9 in 10 
of these deaths (89 percent) were attributed to medical conditions. 
Less than 1 in 10 were the result of suicide (6 percent) and homicide 
(2 percent), while alcohol/drug intoxication and accidental injury 
accounted for another 1 percent each. A definitive cause could not be 
determined for 1 percent of these deaths.
  The Deaths in Custody Reporting Act requires that states receiving 
federal funding report quarterly to the Attorney General, in methods 
prescribed by the Attorney General, the circumstances surrounding the 
death of any person in custody of a state prison or

[[Page 2467]]

local jail, which includes any person in the process of arrest, en 
route to incarceration, incarceration in any state facility (municipal 
jail, county jail, prison, juvenile facility or any other State or 
local correctional facility).
  In 1983, the State of Texas Legislature passed laws requiring the 
reporting of all custodial deaths in Texas. The data was to involve 
deaths that occur in the process of arrest, as well as those deaths 
that occurred while confined in a jail or any correctional facility. 
This information was reported to the State Attorney General's Office, 
and Prosecutor Assistance/Special Investigation Division. The reports 
were aimed to be vital pieces to investigations and for open records 
requests. The failure to report a death to the proper authorities would 
result in a misdemeanor offense.
  Madam Speaker, this legislation provides for detailed statistical 
data, that allows for policy makers, both state and federal, to make 
informed policy judgments about the treatment of prisoners leading to 
great success in lowering the prisoner death rate. I urge my colleagues 
to support this bill.
  Mr. KENNEDY. Madam Speaker, I rise in strong support of H.R. 738, the 
Death in Custody Reporting Act of 2009. This legislation would mandate 
prompt reporting of prisoner and immigration detainee deaths in state 
and local prisons to the Attorney General. Under current law, many 
families of prisoners and detainees often do not receive timely 
information regarding deaths in custody. An inmate death in a local and 
state correctional facility is a serious matter that deserves full 
reporting to family members as well as federal regulators so that a 
full and transparent investigation can take place into the causes and 
circumstances surrounding a death. I applaud this Congress's action on 
this critical issue and would hope that I can work with my colleagues 
to implement widespread reform in our Nation's prison system.
  For too long, America has turned a blind eye to abuse and neglect in 
our prisons and detention centers. In particular, immigration prisons 
have been the focus of great concern as recent deaths in facilities in 
Virginia and my home state of Rhode Island have made the need for 
transparency as important as ever. Immigration detainees, many of whom 
have neither been charged nor convicted of a criminal act and are in 
custody awaiting a hearing or deportation, often do not receive timely 
or adequate health care. Others are indiscriminately transferred 
thousands of miles away from family members and legal counsel. These 
issues must be addressed in our ongoing efforts to reform our prison 
system. This legislation lays the groundwork for those reforms and I 
applaud Chairman Scott's leadership on this issue.
  I thank Chairman Scott, and I would urge my colleagues to support 
this important bill.

                              {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.

                          ____________________