99–006 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–198 

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 


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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. 


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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 


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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. 

Æ 


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