[Congressional Record (Bound Edition), Volume 159 (2013), Part 13]
[House]
[Pages 19056-19058]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 DEATH IN CUSTODY REPORTING ACT OF 2013

  Mr. COLLINS of Georgia. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 1447) 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. 1447

       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 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).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Georgia (Mr. Collins) and the gentleman from Virginia (Mr. Scott) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Georgia.


                             General Leave

  Mr. COLLINS of Georgia. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days within which to revise and extend their 
remarks and include extraneous materials on H.R. 1447, currently under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  There was no objection.
  Mr. COLLINS of Georgia. Mr. Speaker, I yield myself such time as I 
may consume.
  The Death in Custody Reporting Act of 2000 directed the Bureau of 
Justice Statistics within the Department of Justice to collect data on 
the deaths that occur at two important stages in the criminal justice 
system: first, deaths that occur in the process of arrest or during the 
transfer after arrest; and, second, deaths that occur in jails and 
prisons. The provisions of that act expired in December 2006.
  According to the Bureau of Justice Statistics, 885 inmates died in 
the custody of local jails in 2011. This is the lowest number of jail 
inmate deaths in the 12-year history of the Deaths in Custody Reporting 
program.
  Nearly nine out of 10 State prisoner deaths were as a result of 
natural causes, the leading reason being cancer and heart disease. 
Although illness-related deaths have increased slightly in recent 
years, the homicide and suicide rates in State prisons have 
dramatically decreased over the last 25 years.
  H.R. 1447 reauthorizes this data collection program and 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 
legislation extends the reporting requirements to deaths that occur in 
Federal custody.

[[Page 19057]]

  Although the Death in Custody Reporting Act expired in 2006, the 
Bureau of Justice Statistics has continued to collect this data. They 
provide a national resource for understanding mortality in the criminal 
justice system.
  The collection of this data will help the 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 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 cost on the agency. Congress passed similar legislation 
in three Congresses with overwhelming bipartisan support.
  I would like to thank Congressman Scott for introducing this 
legislation, and I would urge all my colleagues to support it.
  With that, Mr. Speaker, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I am pleased to rise in support of H.R. 1447, the Death 
in Custody Reporting Act of 2013. This bill would require State and 
Federal law enforcement agencies to report to the Department of Justice 
information about the deaths of individuals in their custody.
  We have learned from history how useful this information can be. In 
the 1980s, there was 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 partially because of 
the rise of 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 information 
regarding the death of any person in the process of arrest or who was 
otherwise in custody, including jails, prisons and juvenile facilities. 
The reports are brief, essentially stating who died and a brief 
description of what happened.
  The law expired in 2006, which led to an effort to reauthorize 
substantially the same requirements on States and extend those 
requirements to the Federal agencies as well. And that is what H.R. 
1447 would do.
  With this statistical data, policymakers at the State, local, and 
Federal levels can make informed judgments about the appropriate 
treatment of prisoners and to develop ways to lower the prison death 
rate. This policy cannot be made if we don't have this information that 
the law requires.
  In fact, since the focus on deaths in custody emerged in the 1980s 
and enactment of the law in 2000, reports showed significant declines 
in suicides and homicides for those in custody.
  H.R. 1447 is a strong reaffirmation of the importance of requiring 
that States submit this information, and the bill expands the 
commitment to Federal law enforcement agencies as well.
  The bill also requires the Attorney General to study the information 
the Justice Department receives and to issue a report to include a 
discussion of how the data may be used to reduce preventable deaths.
  With the enactment of this legislation, we can make even more 
progress with respect to reducing preventable deaths of those in 
custody, which is surely an obligation of government when it 
incarcerates so many of its citizens.
  This initiative has a history of strong bipartisan support, and I 
thank my colleagues from the other side of the aisle, especially the 
gentleman from Georgia, and my colleague from Virginia, the Judiciary 
Committee chairman, Bob Goodlatte, for supporting the bill in committee 
and bringing it to the floor today.
  I urge my colleagues to support the bill, and I reserve the balance 
of my time.
  Mr. COLLINS of Georgia. Does the gentleman have any other speakers?
  Mr. SCOTT of Virginia. Yes, I have one additional speaker.
  Mr. COLLINS of Georgia. Mr. Speaker, I reserve the balance of my 
time.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield 4 minutes to the 
gentlewoman from Texas (Ms. Jackson Lee), a member of the Judiciary 
Committee.

                              {time}  1600

  Ms. JACKSON LEE. I thank the ranking member of the subcommittee, and 
I thank the manager and, as well, the full committee chairperson and 
the ranking member of the full committee.
  I think it would not be inappropriate to acknowledge that many of us 
gathered in the Judiciary Committee to wish Congressman Mel Watt well, 
so I will do so now on the floor of the House.
  I am supporting this bill and again offer my appreciation for the 
Crime Subcommittee's bipartisan efforts to look into our problem with 
criminalization at the start of the Congress. I am concerned that there 
are a number of issues that were not discussed, but this particular 
legislation is an important step, which I know that the gentleman from 
Virginia (Mr. Scott) has worked on quite extensively.
  The bill before us today, in essence, requires States that receive 
certain criminal justice assistance grants 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 at boot camp. H.R. 1447 
also imposes penalties on States that fail to comply with such 
reporting requirements. The bill also requires the head of each Federal 
law enforcement agency to report to the Attorney General annually 
certain information regarding the death of any person.
  My focus is to indicate that this is a practical initiative. I 
personally know that in jurisdictions in Texas, we have had incidents 
where people have gone into the county jail for minimal violations of 
the law and came out in a body bag. It happened to a mother of two sons 
who lost her life because an infected knee was not taken care of. Or 
individuals who were ill, individuals who succumbed to inappropriate 
behavior by those who have charge over them. It is happening in jails 
and prisons across America.
  This is a lifesaving initiative because many people will acknowledge 
that if you are incarcerated, even if you are there in our county jails 
before you are convicted--certainly, we recognize the criminal justice 
system, but it does not mean that you should lose your life.
  However, as we come to the end of this first year of the 113th 
Congress, I know my colleagues would recognize as well that we are 
coming upon the 1-year anniversary of the tragic incident that occurred 
at Sandy Hook. There will be those who will be mourning this afternoon, 
holding a memorial to acknowledge the tragedy of the lives lost.
  In this Congress, to our dismay, we have not been able to pass 
universal background checks, which could readily be on the floor of the 
House and be of value to those mourning mothers and fathers who now 
mourn 1 year later and ask the question: Why?
  In addition, we have seen over the last year in many of our 
jurisdictions the excessive violence that has taken our young people 
through gun violence, through gangs, and other actions that would 
welcome this Congress exercising its authority on issues dealing with 
antiviolence, antibullying, of course, and, again, the ceasing of gun 
violence.
  I look forward to establishing a commission in my community, 
responding to the incidents of 19 individuals being shot, two teenagers 
being killed, a young man from Jack Yates High School being killed, and 
another young man being shot in a park.
  So as I rise to support this legislation, I would simply argue, as we 
move forward on this legislation, that there is work to be done, and I 
hope we can join together in a bipartisan manner to do so. I hope my 
colleagues also vote to support H.R. 1447.

[[Page 19058]]

  Mr. Speaker, I as a long-time member of the Judiciary Committee's 
Subcommittee on Crime, I was pleased to see a bipartisan effort to look 
into our problem with overcriminalization at the start of the Congress 
but I am disappointed that much of the crime which has been addressed 
by the Task Force has dealt with so-called regulatory crimes--as 
opposed to the type of crime involving violence and weapons--which has 
lead to prison over-crowding, trumped-up sentences for possession of 
marijuana, and served to further add to an underclass of Americans who 
are subject to the difficulty in filling out a job application because 
of onerous State and Federal laws which seek to punish harshly for 
missteps which, in the case of drug offenses, should have been managed 
with treatment and not incarceration.
  I believe that most of the Members on the Committee and in the House 
of Representatives would agree that our prisons are overcrowded and 
that we must address this and other issues which plague our criminal 
justice system forthrightly and with urgency.
  Having said that, the bill before us today does little to deal with 
that but it does fall under the ambit of crime and it does seek to 
address problems in criminal law and policy.
  The legislation before us, H.R. 1447, The Death in Custody Reporting 
Act of 2013, sponsored by my Judiciary and CBC colleagues, Bobby Scott 
and Ranking Member Conyers, requires States that receive certain 
criminal justice assistance grants 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. H.R. 1447 also 
imposes penalties on States that fail to comply with such reporting 
requirements.
  The bill also 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 by any 
State or local law enforcement officer for purposes of a Federal law 
enforcement operation); 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.
  Lastly, it 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.
  While I will support this measure--I will continue to urge my 
Judiciary Committee and House colleagues to think carefully about the 
problems with over-criminalization of some offenses and why we should 
be diligent in taking a thoughtful, measured look at the costly 
problem.
  This body must consider taking a comprehensive look at criminal laws 
and policy which have a disproportionate impact on African Americans 
and other minorities in Houston, and around this great Nation.
  Mr. COLLINS of Georgia. I reserve the balance of my time.
  Mr. SCOTT of Virginia. I yield myself such time as I may consume just 
to thank the gentlelady from Texas for her statement; the gentleman 
from Georgia; the chair of the committee, Mr. Goodlatte; and the 
ranking member, the lead cosponsor of the legislation, Mr. Conyers, for 
their work. This is an important bill. We could use this information. 
And I want to thank again all of those that made today possible.
  I yield back the balance of my time.
  Mr. COLLINS of Georgia. Mr. Speaker, I just want to close up here by 
thanking both the gentleman from Virginia, Congressman Scott, and 
Congresswoman Jackson Lee from Texas for their passion and for working 
hard on this.
  This is a good way for our Judiciary Committee to end the year, on 
something we can agree upon that is a good thing. And I do appreciate 
the opportunity to be here. I would encourage all of my colleagues to 
support this fine piece of legislation.
  And with that, Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Thornberry). The question is on the 
motion offered by the gentleman from Georgia (Mr. Collins) that the 
House suspend the rules and pass the bill, H.R. 1447.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________