SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Death in Custody Re-
porting Act of 2008’’. 
SEC. 2. INFORMATION REGARDING INDIVIDUALS WHO DIE 
IN THE CUSTODY OF LAW ENFORCEMENT. 
(a) IN GENERAL.—For each fiscal year after the ex-
piration of the period specified in subsection (b)(1) in 
which a State receives funds for a program referred to 
in subsection (b)(2), the State shall report to the Attorney 
General, on a quarterly basis and pursuant to guidelines 
established by the Attorney General, information regard-
ing 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) that, at a min-
imum, 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 de-
ceased; and
(4) a brief description of the circumstances sur-
rounding the death. 
(b) COMPLIANCE AND INELIGIBILITY.— 
(1) COMPLIANCE DATE.—Each State shall have 
not more than 30 days from the date of enactment 
of this Act to comply with subsection (a), except 
that— 
(A) the Attorney General may grant an ad-
ditional 30 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 un-
constitutional 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 sub-
section (a) shall not receive 10 percent 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 character-
ized as the Edward Byrne Memorial State and Local
Law Enforcement Assistance Programs, the Local 
Government Law Enforcement Block Grants Pro-
gram, the Edward Byrne Memorial Justice Assist-
ance Grant Program, or otherwise. 
(c) REALLOCATION.—Amounts not allocated under a 
program referred to in subsection (b)(2) to a State for 
failure to fully comply with subsection (a) shall be reallo-
cated under that program to States that have not failed 
to comply with such subsection. 
(d) 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)). 
SEC. 3. STUDY OF INFORMATION RELATING TO DEATHS IN 
CUSTODY. 
(a) STUDY REQUIRED.—The Attorney General shall, 
subject to the availability of appropriations under sub-
section (d), through grant or contract, provide for a study 
of the information reported under section 2 (regarding the 
death of any person who is detained, under arrest, or is 
in the process of being arrested, is en route to be incarcer-
ated, 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 (includ-
ing any juvenile facility)) to— 
(1) determine means by which such information 
can be used to reduce the number of such deaths; 
and 
(2) examine the relationship, if any, between 
the number of such deaths and the actions of man-
agement of such jails, prisons, and other correctional 
facilities relating to such deaths. 
(b) 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 subsection (a). 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$500,000 for fiscal year 2009. Funds appropriated under 
this subsection shall remain available until expended. 
Passed the House of Representatives January 23, 
2008. 
Attest: 
Clerk.
110TH CONGRESS 
2D SESSION 
H. R. 3971 
AN ACT 
To encourage States to report to the Attorney Gen-
eral certain information regarding the deaths of 
individuals in the custody of law enforcement 
agencies, and for other purposes.