IB 

Union Calendar No. 127 

112TH CONGRESS 

1ST SESSION H. R. 2189 

[Report No. 112–198] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2011 

Mr. SCOTT of Virginia introduced the following bill; which was referred to the 

Committee on the Judiciary 

SEPTEMBER 7, 2011 

Additional sponsor: Mr. CONYERS

SEPTEMBER 7, 2011 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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•HR 2189 RH

A BILL 

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. 


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•HR 2189 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Death in Custody Re5 porting Act of 2011’’. 

6 SEC. 2. STATE INFORMATION REGARDING INDIVIDUALS 

7 WHO DIE IN THE CUSTODY OF LAW ENFORCE8 MENT. 

9 (a) IN GENERAL.—For each fiscal year after the ex10 piration of the period specified in subsection (c)(1) in 

11 which a State receives funds for a program referred to 

12 in subsection (c)(2), the State shall report to the Attorney 

13 General, on a quarterly basis and pursuant to guidelines 

14 established by the Attorney General, information regard15 ing the death of any person who is detained, under arrest, 

16 or is in the process of being arrested, is en route to be 

17 incarcerated, or is incarcerated at a municipal or county 

18 jail, State prison, State-run boot camp prison, boot camp 

19 prison that is contracted out by the State, any State or 

20 local contract facility, or other local or State correctional 

21 facility (including any juvenile facility). 

22 (b) INFORMATION REQUIRED.—The report required 

23 by this section shall contain information that, at a min24 imum, includes— 


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1 (1) the name, gender, race, ethnicity, and age 

2 of the deceased; 

3 (2) the date, time, and location of death; 

4 (3) the law enforcement agency that detained, 

5 arrested, or was in the process of arresting the de6 ceased; and 

7 (4) a brief description of the circumstances sur8 rounding the death. 

9 (c) COMPLIANCE AND INELIGIBILITY.— 

10 (1) COMPLIANCE DATE.—Each State shall have 

11 not more than 120 days from the date of enactment 

12 of this Act to comply with subsection (a), except 

13 that— 

14 (A) the Attorney General may grant an ad15 ditional 120 days to a State that is making 

16 good faith efforts to comply with such sub17 section; and 

18 (B) the Attorney General shall waive the 

19 requirements of subsection (a) if compliance 

20 with such subsection by a State would be un21 constitutional under the constitution of such 

22 State. 

23 (2) INELIGIBILITY FOR FUNDS.—For any fiscal 

24 year after the expiration of the period specified in 

25 paragraph (1), a State that fails to comply with subVerDate Mar 15 2010 00:25 Sep 08, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2189.RH H2189

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1 section (a), shall, at the discretion of the Attorney 

2 General, be subject to not more than a 10 percent 

3 reduction of the funds that would otherwise be allo4 cated for that fiscal year to the State under subpart 

5 1 of part E of title I of the Omnibus Crime Control 

6 and Safe Streets Act of 1968 (42 U.S.C. 3750 et 

7 seq.), whether characterized as the Edward Byrne 

8 Memorial State and Local Law Enforcement Assist9 ance Programs, the Local Government Law Enforce10 ment Block Grants Program, the Edward Byrne Me11 morial Justice Assistance Grant Program, or other12 wise. 

13 (d) REALLOCATION.—Amounts not allocated under a 

14 program referred to in subsection (c)(2) to a State for fail15 ure to fully comply with subsection (a) shall be reallocated 

16 under that program to States that have not failed to com17 ply with such subsection. 

18 (e) DEFINITIONS.—In this section the terms ‘‘boot 

19 camp prison’’ and ‘‘State’’ have the meaning given those 

20 terms, respectively, in section 901(a) of the Omnibus 

21 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

22 3791(a)). 

23 (f) STUDY AND REPORT OF INFORMATION RELATING

24 TO DEATHS IN CUSTODY.— 


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1 (1) STUDY REQUIRED.—The Attorney General 

2 shall carry out a study of the information reported 

3 under subsection (b) and section 3(a) to— 

4 (A) determine means by which such infor5 mation can be used to reduce the number of 

6 such deaths; and 

7 (B) examine the relationship, if any, be8 tween the number of such deaths and the ac9 tions of management of such jails, prisons, and 

10 other specified facilities relating to such deaths. 

11 (2) REPORT.—Not later than 2 years after the 

12 date of the enactment of this Act, the Attorney Gen13 eral shall prepare and submit to Congress a report 

14 that contains the findings of the study required by 

15 paragraph (1). 

16 SEC. 3. FEDERAL LAW ENFORCEMENT DEATH IN CUSTODY 

17 REPORTING REQUIREMENT. 

18 (a) IN GENERAL.—For each fiscal year (beginning 

19 after the date that is 120 days after the date of the enact20 ment of this Act), the head of each Federal law enforce21 ment agency shall submit to the Attorney General a report 

22 (in such form and manner specified by the Attorney Gen23 eral) that contains information regarding the death of any 

24 person who is— 


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1 (1) detained, under arrest, or is in the process 

2 of being arrested by any officer of such Federal law 

3 enforcement agency (or by any State or local law en4 forcement officer while participating in and for pur5 poses of a Federal law enforcement operation, task 

6 force, or any other Federal law enforcement capacity 

7 carried out by such Federal law enforcement agen8 cy); or 

9 (2) en route to be incarcerated or detained, or 

10 is incarcerated or detained at— 

11 (A) any facility (including any immigration 

12 or juvenile facility) pursuant to a contract with 

13 such Federal law enforcement agency; 

14 (B) any State or local government facility 

15 used by such Federal law enforcement agency; 

16 or 

17 (C) any Federal correctional facility or 

18 Federal pre-trial detention facility located with19 in the United States. 

20 (b) INFORMATION REQUIRED.—Each report required 

21 by this section shall include, at a minimum, the informa22 tion required by section 2(b). 

23 (c) STUDY AND REPORT.—Information reported 

24 under subsection (a) shall be analyzed and included in the 

25 study and report required by section 2(f). 


smartinez on DSK6TPTVN1PROD with BILLS
Union Calendar No. 127 

112TH CONGRESS 

1ST SESSION H. R. 2189 

[Report No. 112–198] 

A BILL 

To encourage States to report to the Attorney Genagencies, and for other purposes. individuals in the custody of law enforcement eral certain information regarding the deaths of 

SEPTEMBER 7, 2011 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


smartinez on DSK6TPTVN1PROD with BILLS