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.— 
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(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-
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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— 
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(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. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Death in Custody Re-
porting Act of 2008’’. 
SEC. 2. STATE INFORMATION REGARDING INDIVIDUALS 
WHO DIE IN THE CUSTODY OF LAW ENFORCE-
MENT. 
(a) IN GENERAL.—For each fiscal year after the expi-
ration of the period specified in subsection (c)(1) in which 
a State receives funds for a program referred to in sub-
section (c)(2), the State shall report to the Attorney General, 
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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 con-
tracted 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 de-
ceased; and 
(4) a brief description of the circumstances sur-
rounding 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— 
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(A) the Attorney General may grant an ad-
ditional 120 days to a State that is making good 
faith efforts to comply with such subsection; and 
(B) the Attorney General shall waive the re-
quirements of subsection (a) if compliance with 
such subsection by a State would be unconstitu-
tional 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, at the discretion of the Attorney 
General, be subject to not more than a 10 percent re-
duction 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 Pro-
grams, the Local Government Law Enforcement Block 
Grants Program, the Edward Byrne Memorial Jus-
tice Assistance Grant Program, or otherwise. 
(d) REALLOCATION.—Amounts not allocated under a 
program referred to in subsection (c)(2) to a State for fail-
ure to fully comply with subsection (a) shall be reallocated 
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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 OF INFORMATION RELATING TO DEATHS IN 
CUSTODY.— 
(1) STUDY
REQUIRED.—The Attorney General 
shall, subject to the availability of appropriations 
under paragraph (3), through grant or contract, pro-
vide for a study of the information reported under 
subsection (b) and section 3(b) to— 
(A) determine means by which such infor-
mation can be used to reduce the number of such 
deaths; and 
(B) examine the relationship, if any, be-
tween 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 Gen-
eral shall prepare and submit to Congress a report 
that contains the findings of the study required by 
paragraph (1). 
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(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $500,000 for fiscal year 2009. Funds 
appropriated under this paragraph shall remain 
available until expended. 
SEC. 3. FEDERAL REPORTING REQUIREMENT. 
(a) IN GENERAL.—For each fiscal year, the Attorney 
General shall collect information regarding the death of any 
person who is detained, under arrest, or is in the process 
of being arrested by Federal authorities, is en route to be 
incarcerated or detained, or is incarcerated or detained at 
any facility pursuant to a contract with the federal govern-
ment (including any immigration or juvenile facility), any 
State or local government facility used by a Federal agency, 
and any Federal correctional facility or Federal pre-trial 
detention facility. 
(b) INFORMATION REQUIRED.—The report required by 
this section shall include, at a minimum, the information 
required by section 2(b). 
(c) STUDY.—Information gathered pursuant to sub-
section (a) shall be analyzed and included in the study re-
quired by section 2(f). 
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Calendar No. 1087 
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. 
SEPTEMBER 25 (legislative day, SEPTEMBER 17), 2008 
Reported with an amendment 
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