[House Report 112-198]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-198
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DEATH IN CUSTODY REPORTING ACT OF 2011
_______
September 7, 2011.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Smith of Texas, from the Committee on the Judiciary,
submitted the following
R E P O R T
[To accompany H.R.2189]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred 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, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 2
New Budget Authority and Tax Expenditures........................ 2
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 3
Advisory on Earmarks............................................. 4
Section-by-Section Analysis...................................... 4
Purpose and Summary
H.R. 2189 reauthorizes the Death in Custody Reporting Act
of 2000 which expired in 2006. This legislation will require
the submission of information regarding deaths occurring in law
enforcement custody at the Federal, state and local levels. The
legislation also provides for reductions of up to 10 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 a study and
report of information on deaths in custody.
Background and Need for the Legislation
The Department of Justice's Bureau of Justice Statistics
(``BJS'') collects and disseminates data on deaths that occur
in local jails, state prisons, and during the process of
arrests by state and local law enforcement agencies through its
Deaths in Custody Reporting Program (``DCRP''). This program
was initiated by the Death in Custody Reporting Act of 2000,
Public Law 106-297, which required the collection of individual
death records for these fatalities. Federal prisons were not
covered by this law. Prior to the passage of the law, BJS had
historically collected aggregate counts of deaths in
correctional facilities. The collection of individual-level
data has provided BJS with the ability to perform detailed
analyses of comparative death rates across demographic
categories, offense types and facility/agency characteristics.
While the Death in Custody Reporting Act expired in 2006, BJS
has continued to collect these data, as they represent a unique
national resource for understanding mortality in the criminal
justice system. BJS has published both in-depth analytical
reports and online statistical tables from these various DCRP
collections.
Hearings
The Committee on the Judiciary held no hearings on H.R.
2189.
Committee Consideration
On July 29, 2011, the Committee met in open session and
ordered the bill H.R. 2189 favorably reported without
amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 2189.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 2189, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 19, 2011.
Hon. Lamar Smith, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2189, the ``Death
in Custody Reporting Act of 2011.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 2189--Death in Custody Reporting Act of 2011.
CBO estimates that implementing H.R. 2189 would have no
significant cost to the Federal Government. Enacting the bill
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
H.R. 2189 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.
The bill would direct 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.
Based on the costs of similar activities currently carried out
by DOJ, CBO estimates that implementing H.R. 2189 would not
significantly affect spending by the department or by other
Federal law enforcement agencies.
H.R. 2189 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on State, local, or tribal governments.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by Peter H. Fontaine, Assistant
Director for Budget Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
2189, reauthorizes the Death in Custody Reporting Act of 2000
which expired in 2006 and will require the submission of
information regarding deaths occurring in law enforcement
custody at the Federal, state and local levels.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 2189 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1: Short Title
Section 1 provides that the short title of H.R. 2189 is the
``Death in Custody Reporting Act of 2011.''
Sec. 2: State Information Regarding Individuals Who Die in the Custody
of Law Enforcement
Section 2 requires states 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. This section imposes penalties of up to a
10% reduction of Federal Byrne JAG funding, at the discretion
of the Attorney General, on states that fail to comply with
such reporting requirements. The section also requires the
study and report of information by the BJS as it relates to
state and local deaths in custody.
Sec. 3: Federal Law Enforcement Death in Custody Reporting Requirement
Section 3 requires the head of each Federal law enforcement
agency to report annually to the Attorney General certain
information regarding the death of any person who 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 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.