[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2084 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 382
110th CONGRESS
  1st Session
                                S. 2084

                          [Report No. 110-183]

   To promote school safety, improved law enforcement, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2007

Mr. Leahy, from the Committee on the Judiciary, reported the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
   To promote school safety, improved law enforcement, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``School Safety and 
Law Enforcement Improvement Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
                TITLE I--SCHOOL SAFETY ENHANCEMENTS ACT

Sec. 101. Short title.
   Subtitle A--Elementary and Secondary Education Safety Enhancements

Sec. 111. Grant program for school security.
Sec. 112. Applications.
Sec. 113. Authorization of appropriations.
              Subtitle B--Campus Public Safety Enhancement

Sec. 121. National center for campus public safety.
Sec. 122. Grants for campus law enforcement.
           TITLE II--NICS IMPROVEMENT AMENDMENTS ACT OF 2007

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Definitions.
                   Subtitle A--Transmittal of Records

Sec. 211. Enhancement of requirement that Federal departments and 
                            agencies provide relevant information to 
                            the National Instant Criminal Background 
                            Check System.
Sec. 212. Requirements to obtain waiver.
Sec. 213. Implementation assistance to States.
Sec. 214. Penalties for noncompliance.
Sec. 215. Relief from disabilities program required as condition for 
                            participation in grant programs.
Sec. 216. Illegal immigrant gun purchase notification.
Subtitle B--Focusing Federal Assistance on the Improvement of Relevant 
                                Records

Sec. 221. Continuing evaluations.
   Subtitle C--Grants to State Court Systems for the Improvement in 
           Automation and Transmittal of Disposition Records

Sec. 231. Disposition records automation and transmittal improvement 
                            grants.
                         Subtitle D--GAO Audit

Sec. 241. GAO audit.
                TITLE III--EQUITY IN LAW ENFORCEMENT ACT

Sec. 301. Short title.
Sec. 302. Line-of-duty death and disability benefits.
Sec. 303. Law enforcement armor vests.
Sec. 304. Byrne grants.
         TITLE IV--LAW ENFORCEMENT OFFICERS SAFETY ACT OF 2007

Sec. 401. Short title.
Sec. 402. Amendments to law enforcement officers safety provisions of 
                            title 18.
Sec. 403. Government Accountability Office study of qualified active 
                            and retired law enforcement officers.
                        TITLE V--PRECAUTION ACT

Sec. 501. Short title.
Sec. 502. Purposes.
Sec. 503. Definitions.
Sec. 504. National Commission on Public Safety Through Crime 
                            Prevention.
Sec. 505. Innovative crime prevention and intervention strategy grants.
           TITLE VI--TERRORIST HOAX IMPROVEMENTS ACT OF 2007

Sec. 601. Short title.
Sec. 602. Improvements to the terrorist hoax statute.

                TITLE I--SCHOOL SAFETY ENHANCEMENTS ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``School Safety Enhancements Act''.

   Subtitle A--Elementary and Secondary Education Safety Enhancements

SEC. 111. GRANT PROGRAM FOR SCHOOL SECURITY.

    Section 2701 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3797a) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by inserting ``surveillance 
                equipment,'' after ``detectors,'';
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Establishment of hotlines or tiplines for the 
        reporting of potentially dangerous students and situations.'';
                    (C) by redesignating paragraph (5) as paragraph 
                (6); and
                    (D) by inserting after paragraph (4) the following:
            ``(5) Capital improvements to make school facilities more 
        secure.'';
            (2) by striking subsection (d)(1) and inserting the 
        following:
            ``(1) The Federal share of the costs of a program provided 
        by a grant under subsection (a) shall be 50 percent of the 
        total of such costs. The non-Federal share of such costs shall 
        be 50 percent of such costs.''; and
            (3) by adding at the end the following:
    ``(g) Interagency Task Force.--Not later than 60 days after the 
date of enactment of the School Safety and Law Enforcement Improvement 
Act of 2007, the Director and the Secretary of Education, or the 
designee of the Secretary, shall establish an interagency task force to 
develop and promulgate a set of advisory school safety guidelines. The 
advisory school safety guidelines shall be published in the Federal 
Register by not later than June 1, 2008.''.

SEC. 112. APPLICATIONS.

    Section 2702(a)(2) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3797b(a)(2)) is amended to read as follows:
            ``(2) be accompanied by a report, prepared in consultation 
        with senior school professionals and senior law enforcement 
        officers, demonstrating that each proposed use of the grant 
        funds will be--
                    ``(A) an effective means for improving the safety 
                of one or more schools;
                    ``(B) consistent with a comprehensive approach to 
                preventing school violence; and
                    ``(C) individualized to the needs of each school at 
                which those improvements are to be made.''.

SEC. 113. AUTHORIZATION OF APPROPRIATIONS.

    Section 2705 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3797e) is amended by striking ``$30,000,000 for each of 
fiscal years 2001 through 2009'' and inserting ``$50,000,000 for each 
of the fiscal years 2008 and 2009''.

              Subtitle B--Campus Public Safety Enhancement

SEC. 121. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY.

    (a) In General.--The Attorney General of the United States is 
authorized to make grants, through the Office of Community Oriented 
Policing Services, to establish and operate a National Center for 
Campus Public Safety (referred to in this section as the ``Center''). 
The Center shall--
            (1) provide quality education and training for campus 
        public safety agencies and the agencies' collaborative 
        partners;
            (2) foster quality research to strengthen the safety and 
        security of the institutions of higher education in the United 
        States;
            (3) serve as a clearinghouse for the identification and 
        dissemination of information, policies, procedures, and best 
        practices relevant to campus safety and emergency response and 
        evacuation procedures;
            (4) develop protocols, in conjunction with the Attorney 
        General, the Secretary of Homeland Security, the Secretary of 
        Education, State, local and tribal governments and law 
        enforcement agencies, private and nonprofit organizations and 
        associations, and other stakeholders, to prevent, protect 
        against, respond to, and recover from natural and man-made 
        emergencies or dangerous situations involving an immediate 
        threat to the health or safety of the campus community;
            (5) promote the development and dissemination of effective 
        behavioral threat assessment and management models to prevent 
        campus violence;
            (6) coordinate campus safety information and resources 
        available from the Department of Justice, the Department of 
        Homeland Security, the Department of Education, State, local 
        and tribal governments and law enforcement agencies, and 
        private and nonprofit organizations and associations;
            (7) increase cooperation, collaboration, and consistency in 
        prevention, response, and problem-solving methods among 
        agencies and jurisdictions serving institutions of higher 
        education in the United States;
            (8) develop standardized formats and models for mutual aid 
        agreements and memoranda of understanding between campus safety 
        and security agencies and other public safety organizations; 
        and
            (9) report annually to Congress and the Attorney General on 
        activities performed by the Center during the previous 12 
        months.
    (b) Coordination With Available Resources.--In establishing the 
Center, the Attorney General shall--
            (1) consult with the Secretary of Homeland Security, the 
        Secretary of Education, and the Attorneys General of each 
        State; and
            (2) coordinate the establishment and operation of the 
        Center with campus public safety resources that may already be 
        available within the Department of Homeland Security and the 
        Department of Education.
    (c) Definition of Institution of Higher Education.--In this 
section, the term ``institution of higher education'' has the meaning 
given the term in section 101 of the Higher Education Act of 1965 (20 
U.S.C. 1001).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $2,750,000 for each of the 
fiscal years 2008 and 2009 and such sums as may be necessary 
thereafter.

SEC. 122. GRANTS FOR CAMPUS LAW ENFORCEMENT.

    The Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3711 et seq.) is amended by adding at the end of title I the following:

    ``PART JJ--MATCHING GRANT PROGRAM FOR CAMPUS SAFETY AND SECURITY

``SEC. 2998. MATCHING GRANT PROGRAM FOR CAMPUS SAFETY AND SECURITY.

    ``(a) In General.--The Attorney General is authorized to make 
grants, through the Office of Community Oriented Policing Services, to 
institutions of higher education or consortia of institutions of higher 
education to pay the Federal share of the costs of providing improved 
security at those institutions.
    ``(b) Preferential Consideration.--In awarding grants under this 
part, the Attorney General shall give preferential consideration, if 
feasible, to an application from an institution of higher education 
that--
            ``(1) has a demonstrated need for improved security;
            ``(2) has a demonstrated need for financial assistance; and
            ``(3) has evidenced the ability to make the improvements 
        for which the grant amounts are sought.
    ``(c) Federal Share, Non-Federal Share.--
            ``(1) In general.--The Federal share of the costs of the 
        activities under this part shall be 50 percent of the total of 
        such costs. The non-Federal share of such costs shall be 50 
        percent of such costs.
            ``(2) Special rule.--Any funds appropriated by Congress for 
        the activities of any agency of an Indian tribal government or 
        the Bureau of Indian Affairs performing law enforcement 
        functions on any Indian lands may be used by the tribal 
        colleges and universities to provide the non-Federal share 
        under this subsection.
            ``(3) Waiver or alteration.--The Attorney General may 
        provide, in the guidelines implementing this section, for the 
        requirement of paragraph (1) to be waived or altered in the 
        case of a recipient with a financial need for such a waiver or 
        alteration.
    ``(d) Equitable Distribution.--In awarding grants under this part, 
the Attorney General shall ensure, to the extent practicable, an 
equitable geographic distribution among the regions of the United 
States and among urban, suburban, and rural areas.
    ``(e) Administrative Costs.--The Attorney General may reserve not 
more than 2 percent from amounts appropriated to carry out this part 
for administrative costs.

``SEC. 2998-1. APPLICATIONS.

    ``(a) In General.--To request a grant under this part, the 
institution of higher education or consortium shall submit an 
application to the Attorney General at such time, in such manner, and 
accompanied by such information as the Attorney General may require. 
Each application shall--
            ``(1) include a detailed explanation of--
                    ``(A) the intended uses of funds provided under the 
                grant; and
                    ``(B) how the activities funded under the grant 
                will meet the purpose of this part; and
            ``(2) be accompanied by a report, signed by the chief 
        executive or designated administrator of each institution of 
        higher education receiving assistance under the grant, 
        demonstrating that each proposed use of the grant funds will 
        be--
                    ``(A) an effective means for improving the safety 
                of 1 or more institutions of higher education;
                    ``(B) consistent with a comprehensive approach to 
                preventing campus crime and ensuring campus security; 
                and
                    ``(C) individualized to the needs of each 
                institution of higher education or consortium at which 
                those improvements are to be made.
    ``(b) Guidelines.--Not later than 90 days after the date of 
enactment of the School Safety and Law Enforcement Improvement Act of 
2007, the Attorney General shall promulgate guidelines to implement 
this section regarding submitting the applications required under this 
section.

``SEC. 2998-2. USE OF FUNDS.

    ``Grants awarded under this part shall be distributed directly to 
institutions of higher education or consortia and shall be used to 
improve campus security at institutions of higher education, whether 
public or private, in the jurisdiction of the grantee through 1 or more 
of the following:
            ``(1) Hiring of additional campus public safety and 
        security officers (sworn and nonsworn) as well as additional 
        staff and support staff necessary for emergency management.
            ``(2) Placement and use of surveillance equipment, locks, 
        lighting, metal detectors, and other deterrent measures.
            ``(3) Developing and implementing emergency communications 
        systems for campuses in order to contact students using state-
        of-the-art communications methods.
            ``(4) Security assessments.
            ``(5) Security training of personnel and students.
            ``(6) Coordination with Federal, State, and local law 
        enforcement.
            ``(7) Testing of emergency response and evacuation 
        procedures.
            ``(8) Capital improvements to make school facilities more 
        secure.
            ``(9) Establishment of hotlines or tiplines for the 
        reporting of potentially dangerous students and situations.
            ``(10) Establishment and operation of an office of campus 
        public safety.
            ``(11) Computer-aided dispatch and record management 
        systems.
            ``(12) Any other measure that, in the determination of the 
        Attorney General, may provide a significant improvement in 
        security.

``SEC. 2998-3. ANNUAL REPORT TO CONGRESS.

    ``Not later than November 30 of each year, the Attorney General 
shall submit a report to Congress regarding the activities carried out 
under this part. Each such report shall include, for the preceding 
fiscal year--
            ``(1) the number of grants funded under this part;
            ``(2) the amount of funds provided under those grants; and
            ``(3) the activities for which those funds were used.

``SEC. 2998-4. DEFINITION.

    ``For purposes of this part, the term `institution of higher 
education' means an institution of higher education as defined in 
section 101 of the Higher Education Act (20 U.S.C. 1001) and includes 
tribal colleges and universities as defined in 20 U.S.C. 1059c(b)(3);

``SEC. 2998-5. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part 
$50,000,000 for each of the fiscal years 2008 and 2009.''.

           TITLE II--NICS IMPROVEMENT AMENDMENTS ACT OF 2007

SEC. 201. SHORT TITLE.

    This title may be cited as the ``NICS Improvement Amendments Act of 
2007''.

SEC. 202. FINDINGS.

    Congress finds the following:
            (1) Approximately 916,000 individuals were prohibited from 
        purchasing a firearm for failing a background check between 
        November 30, 1998, (the date the National Instant Criminal 
        Background Check System (NICS) began operating) and December 
        31, 2004.
            (2) From November 30, 1998, through December 31, 2004, 
        nearly 49,000,000 Brady background checks were processed 
        through NICS.
            (3) Although most Brady background checks are processed 
        through NICS in seconds, many background checks are delayed if 
        the Federal Bureau of Investigation (FBI) does not have 
        automated access to complete information from the States 
        concerning persons prohibited from possessing or receiving a 
        firearm under Federal or State law.
            (4) Nearly 21,000,000 criminal records are not accessible 
        by NICS and millions of criminal records are missing critical 
        data, such as arrest dispositions, due to data backlogs.
            (5) The primary cause of delay in NICS background checks is 
        the lack of--
                    (A) updates and available State criminal 
                disposition records; and
                    (B) automated access to information concerning 
                persons prohibited from possessing or receiving a 
                firearm because of mental illness, restraining orders, 
                or misdemeanor convictions for domestic violence.
            (6) Automated access to this information can be improved 
        by--
                    (A) computerizing information relating to criminal 
                history, criminal dispositions, mental illness, 
                restraining orders, and misdemeanor convictions for 
                domestic violence; or
                    (B) making such information available to NICS in a 
                usable format.
            (7) Helping States to automate these records will reduce 
        delays for law-abiding gun purchasers.
            (8) On March 12, 2002, the senseless shooting, which took 
        the lives of a priest and a parishioner at the Our Lady of 
        Peace Church in Lynbrook, New York, brought attention to the 
        need to improve information-sharing that would enable Federal 
        and State law enforcement agencies to conduct a complete 
        background check on a potential firearm purchaser. The man who 
        committed this double murder had a prior disqualifying mental 
        health commitment and a restraining order against him, but 
        passed a Brady background check because NICS did not have the 
        necessary information to determine that he was ineligible to 
        purchase a firearm under Federal or State law.

SEC. 203. DEFINITIONS.

    As used in this title, the following definitions shall apply:
            (1) Court order.--The term ``court order'' includes a court 
        order (as described in section 922(g)(8) of title 18, United 
        States Code).
            (2) Mental health terms.--The terms ``adjudicated as a 
        mental defective'', ``committed to a mental institution'', and 
        related terms have the meanings given those terms in 
        regulations implementing section 922(g)(4) of title 18, United 
        States Code, as in effect on the date of the enactment of this 
        Act.
            (3) Misdemeanor crime of domestic violence.--The term 
        ``misdemeanor crime of domestic violence'' has the meaning 
        given the term in section 921(a)(33) of title 18, United States 
        Code.

                   Subtitle A--Transmittal of Records

SEC. 211. ENHANCEMENT OF REQUIREMENT THAT FEDERAL DEPARTMENTS AND 
              AGENCIES PROVIDE RELEVANT INFORMATION TO THE NATIONAL 
              INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

    (a) In General.--Section 103(e)(1) of the Brady Handgun Violence 
Prevention Act (18 U.S.C. 922 note) is amended--
            (1) by striking ``Notwithstanding'' and inserting the 
        following:
                    ``(A) In general.--Notwithstanding'';
            (2) by striking ``On request'' and inserting the following:
                    ``(B) Request of attorney general.--On request'';
            (3) by striking ``furnish such information'' and inserting 
        ``furnish electronic versions of the information described 
        under subparagraph (A)''; and
            (4) by adding at the end the following:
                    ``(C) Quarterly submission to attorney general.--If 
                a department or agency under subparagraph (A) has any 
                record of any person demonstrating that the person 
                falls within one of the categories described in 
                subsection (g) or (n) of section 922 of title 18, 
                United States Code, the head of such department or 
                agency shall, not less frequently than quarterly, 
                provide the pertinent information contained in such 
                record to the Attorney General.
                    ``(D) Information updates.--The agency, on being 
                made aware that the basis under which a record was made 
                available under subparagraph (A) does not apply, or no 
                longer applies, shall--
                            ``(i) update, correct, modify, or remove 
                        the record from any database that the agency 
                        maintains and makes available to the Attorney 
                        General, in accordance with the rules 
                        pertaining to that database; or
                            ``(ii) notify the Attorney General that 
                        such basis no longer applies so that the 
                        National Instant Criminal Background Check 
                        System is kept up to date.
                    ``(E) Annual report.--The Attorney General shall 
                submit an annual report to Congress that describes the 
                compliance of each department or agency with the 
                provisions of this paragraph.''.
    (b) Provision and Maintenance of NICS Records.--
            (1) Department of homeland security.--The Secretary of 
        Homeland Security shall make available to the Attorney 
        General--
                    (A) records, updated not less than quarterly, which 
                are relevant to a determination of whether a person is 
                disqualified from possessing or receiving a firearm 
                under subsection (g) or (n) of section 922 of title 18, 
                United States Code, for use in background checks 
                performed by the National Instant Criminal Background 
                Check System; and
                    (B) information regarding all the persons described 
                in subparagraph (A) of this paragraph who have changed 
                their status to a category not identified under section 
                922(g)(5) of title 18, United States Code, for removal, 
                when applicable, from the National Instant Criminal 
                Background Check System.
            (2) Department of justice.--The Attorney General shall--
                    (A) ensure that any information submitted to, or 
                maintained by, the Attorney General under this section 
                is kept accurate and confidential, as required by the 
                laws, regulations, policies, or procedures governing 
                the applicable record system;
                    (B) provide for the timely removal and destruction 
                of obsolete and erroneous names and information from 
                the National Instant Criminal Background Check System; 
                and
                    (C) work with States to encourage the development 
                of computer systems, which would permit electronic 
                notification to the Attorney General when--
                            (i) a court order has been issued, lifted, 
                        or otherwise removed by order of the court; or
                            (ii) a person has been adjudicated as 
                        mentally defective or committed to a mental 
                        institution.
    (c) Standard for Adjudications, Commitments, and Determinations 
Related to Mental Health.--
            (1) In general.--No department or agency of the Federal 
        Government may provide to the Attorney General any record of an 
        adjudication or determination related to the mental health of a 
        person, or any commitment of a person to a mental institution 
        if--
                    (A) the adjudication, determination, or commitment, 
                respectively, has been set aside or expunged, or the 
                person has otherwise been fully released or discharged 
                from all mandatory treatment, supervision, or 
                monitoring;
                    (B) the person has been found by a court, board, 
                commission, or other lawful authority to no longer 
                suffer from the mental health condition that was the 
                basis of the adjudication, determination, or 
                commitment, respectively, or has otherwise been found 
                to be rehabilitated through any procedure available 
                under law; or
                    (C) the adjudication, determination, or commitment, 
                respectively, is based solely on a medical finding of 
                disability, without a finding that the person is a 
                danger to himself or to others or that the person lacks 
                the mental capacity to manage his own affairs, except 
                that nothing in this section or any other provision of 
                law shall prevent a department or agency from providing 
                to the Attorney General any record demonstrating that a 
                person was adjudicated or determined to be not guilty 
                by reason of insanity, or based on lack of mental 
                responsibility, or found incompetent to stand trial, in 
                any criminal case or under the Uniform Code of Military 
                Justice.
            (2) Treatment of certain adjudications, determinations, and 
        commitments.--
                    (A) Program for relief from disabilities.--Each 
                department or agency of the United States that makes 
                any adjudication or determination related to the mental 
                health of a person or imposes any commitment to a 
                mental institution, as described in subsection (d)(4) 
                and (g)(4) of section 922 of title 18, United States 
                Code, shall establish a program that permits such a 
                person to apply for relief from the disabilities 
                imposed by such subsections. Relief and judicial review 
                shall be available according to the standards 
                prescribed in section 925(c) of title 18, United States 
                Code.
                    (B) Relief from disabilities.--In the case of an 
                adjudication or determination related to the mental 
                health of a person or a commitment of a person to a 
                mental institution, a record of which may not be 
                provided to the Attorney General under paragraph (1), 
                including because of the absence of a finding described 
                in subparagraph (C) of such paragraph, or from which a 
                person has been granted relief under a program 
                established under subparagraph (A), the adjudication, 
                determination, or commitment, respectively, shall be 
                deemed not to have occurred for purposes of subsections 
                (d)(4) and (g)(4) of section 922 of title 18, United 
                States Code.
    (d) Information Excluded From NICS Records.--
            (1) In general.--No department or agency of the Federal 
        Government may make available to the Attorney General, for use 
        by the National Instant Criminal Background Check System (nor 
        may the Attorney General make available to such system), the 
        name or any other relevant identifying information of any 
        person adjudicated or determined to be mentally defective or 
        any person committed to a mental institution for purposes of 
        assisting the Attorney General in enforcing subsections (d)(4) 
        and (g)(4) of section 922 of title 18, United States Code, 
        unless such adjudication, determination, or commitment, 
        respectively, included a finding that the person is a danger to 
        himself or to others or that the person lacks the mental 
        capacity to manage his own affairs.
            (2) Effective date.--Paragraph (1) shall apply to names and 
        other information provided before, on, or after the date of the 
        enactment of this Act. Any name or information provided in 
        violation of paragraph (1) before such date shall be removed 
        from the National Instant Criminal Background Check System.

SEC. 212. REQUIREMENTS TO OBTAIN WAIVER.

    (a) In General.--Beginning 3 years after the date of the enactment 
of this Act, a State shall be eligible to receive a waiver of the 10 
percent matching requirement for National Criminal History Improvement 
Grants under the Crime Identification Technology Act of 1988 (42 U.S.C. 
14601) if the State provides at least 90 percent of the information 
described in subsection (c). The length of such a waiver shall not 
exceed 2 years.
    (b) State Estimates.--
            (1) Initial state estimate.--
                    (A) In general.--To assist the Attorney General in 
                making a determination under subsection (a) of this 
                section, and under section 214, concerning the 
                compliance of the States in providing information to 
                the Attorney General for the purpose of receiving a 
                waiver under subsection (a) of this section, or facing 
                a loss of funds under section 214, by a date not later 
                than 180 days after the date of the enactment of this 
                Act, each State shall provide the Attorney General with 
                a reasonable estimate, as calculated by a method 
                determined by the Attorney General and in accordance 
                with section 214(d), of the number of the records 
                described in subparagraph (C) applicable to such State 
                that concern persons who are prohibited from possessing 
                or receiving a firearm under subsection (g) or (n) of 
                section 922 of title 18, United States Code.
                    (B) Failure to provide initial estimate.--A State 
                that fails to provide an estimate described in 
                subparagraph (A) by the date required under such 
                subparagraph shall be ineligible to receive any funds 
                under section 213, until such date as it provides such 
                estimate to the Attorney General.
                    (C) Record defined.--For purposes of subparagraph 
                (A), a record is the following:
                            (i) A record that identifies a person who 
                        has been convicted in any court of a crime 
                        punishable by imprisonment for a term exceeding 
                        1 year.
                            (ii) A record that identifies a person for 
                        whom an indictment has been returned for a 
                        crime punishable by imprisonment for a term 
                        exceeding 1 year that is valid under the laws 
                        of the State involved or who is a fugitive from 
                        justice, as of the date of the estimate, and 
                        for which a record of final disposition is not 
                        available.
                            (iii) A record that identifies a person who 
                        is an unlawful user of, or addicted to a 
                        controlled substance (as such terms ``unlawful 
                        user'' and ``addicted'' are respectively 
                        defined in regulations implementing section 
                        922(g)(3) of title 18, United States Code, as 
                        in effect on the date of the enactment of this 
                        Act) as demonstrated by arrests, convictions, 
                        and adjudications, and whose record is not 
                        protected from disclosure to the Attorney 
                        General under any provision of State or Federal 
                        law.
                            (iv) A record that identifies a person who 
                        has been adjudicated mentally defective or 
                        committed to a mental institution (as 
                        determined in regulations implementing section 
                        922(g)(4) of title 18, United States Code, as 
                        in effect on the date of the enactment of this 
                        Act) and whose record is not protected from 
                        disclosure to the Attorney General under any 
                        provision of State or Federal law.
                            (v) A record that is electronically 
                        available and that identifies a person who, as 
                        of the date of such estimate, is subject to a 
                        court order described in section 922(g)(8) of 
                        title 18, United States Code.
                            (vi) A record that is electronically 
                        available and that identifies a person 
                        convicted in any court of a misdemeanor crime 
                        of domestic violence, as defined in section 
                        921(a)(33) of title 18, United States Code.
            (2) Scope.--The Attorney General, in determining the 
        compliance of a State under this section or section 214 for the 
        purpose of granting a waiver or imposing a loss of Federal 
        funds, shall assess the total percentage of records provided by 
        the State concerning any event occurring within the prior 20 
        years, which would disqualify a person from possessing a 
        firearm under subsection (g) or (n) of section 922 of title 18, 
        United States Code.
            (3) Clarification.--Notwithstanding paragraph (2), States 
        shall endeavor to provide the National Instant Criminal 
        Background Check System with all records concerning persons who 
        are prohibited from possessing or receiving a firearm under 
        subsection (g) or (n) of section 922 of title 18, United States 
        Code, regardless of the elapsed time since the disqualifying 
        event.
    (c) Eligibility of State Records for Submission to the National 
Instant Criminal Background Check System.--
            (1) Requirements for eligibility.--
                    (A) In general.--From the information collected by 
                a State, the State shall make electronically available 
                to the Attorney General records relevant to a 
                determination of whether a person is disqualified from 
                possessing or receiving a firearm under subsection (g) 
                or (n) of section 922 of title 18, United States Code, 
                or applicable State law.
                    (B) NICS updates.--The State, on being made aware 
                that the basis under which a record was made available 
                under subparagraph (A) does not apply, or no longer 
                applies, shall, as soon as practicable--
                            (i) update, correct, modify, or remove the 
                        record from any database that the Federal or 
                        State government maintains and makes available 
                        to the National Instant Criminal Background 
                        Check System, consistent with the rules 
                        pertaining to that database; or
                            (ii) notify the Attorney General that such 
                        basis no longer applies so that the record 
                        system in which the record is maintained is 
                        kept up to date.
                    (C) Certification.--To remain eligible for a waiver 
                under subsection (a), a State shall certify to the 
                Attorney General, not less than once during each 2-year 
                period, that at least 90 percent of all records 
                described in subparagraph (A) has been made 
                electronically available to the Attorney General in 
                accordance with subparagraph (A).
                    (D) Inclusion of all records.--For purposes of this 
                paragraph, a State shall identify and include all of 
                the records described under subparagraph (A) without 
                regard to the age of the record.
            (2) Application to persons convicted of misdemeanor crimes 
        of domestic violence.--The State shall make available to the 
        Attorney General, for use by the National Instant Criminal 
        Background Check System, records relevant to a determination of 
        whether a person has been convicted in any court of a 
        misdemeanor crime of domestic violence. With respect to records 
        relating to such crimes, the State shall provide information 
        specifically describing the offense and the specific section or 
        subsection of the offense for which the defendant has been 
        convicted and the relationship of the defendant to the victim 
        in each case.
            (3) Application to persons who have been adjudicated as a 
        mental defective or committed to a mental institution.--The 
        State shall make available to the Attorney General, for use by 
        the National Instant Criminal Background Check System, the name 
        and other relevant identifying information of persons 
        adjudicated as mentally defective or those committed to mental 
        institutions to assist the Attorney General in enforcing 
        section 922(g)(4) of title 18, United States Code.
    (d) Privacy Protections.--For any information provided to the 
Attorney General for use by the National Instant Criminal Background 
Check System, relating to persons prohibited from possessing or 
receiving a firearm under section 922(g)(4) of title 18, United States 
Code, the Attorney General shall work with States and local law 
enforcement and the mental health community to establish regulations 
and protocols for protecting the privacy of information provided to the 
system. The Attorney General shall make every effort to meet with any 
mental health group seeking to express its views concerning these 
regulations and protocols and shall seek to develop regulations as 
expeditiously as practicable.
    (e) Attorney General Report.--Not later than January 31 of each 
year, the Attorney General shall submit to the Committee on the 
Judiciary of the Senate and the Committee on the Judiciary of the House 
of Representatives a report on the progress of States in automating the 
databases containing the information described in subsection (b) and in 
making that information electronically available to the Attorney 
General pursuant to the requirements of subsection (c).

SEC. 213. IMPLEMENTATION ASSISTANCE TO STATES.

    (a) Authorization.--
            (1) In general.--From amounts made available to carry out 
        this section and subject to section 212(b)(1)(B), the Attorney 
        General shall make grants to States and Indian tribal 
        governments, in a manner consistent with the National Criminal 
        History Improvement Program, which shall be used by the States 
        and Indian tribal governments, in conjunction with units of 
        local government and State and local courts, to establish or 
        upgrade information and identification technologies for 
        firearms eligibility determinations.
            (2) Grants to indian tribes.--Up to 5 percent of the grant 
        funding available under this section may be reserved for Indian 
        tribal governments, including tribal judicial systems.
    (b) Use of Grant Amounts.--Grants awarded to States or Indian 
tribes under this section may only be used to--
            (1) create electronic systems, which provide accurate and 
        up-to-date information which is directly related to checks 
        under the National Instant Criminal Background Check System 
        (referred to in this section as ``NICS''), including court 
        disposition and corrections records;
            (2) assist States in establishing or enhancing their own 
        capacities to perform NICS background checks;
            (3) supply accurate and timely information to the Attorney 
        General concerning final dispositions of criminal records to 
        databases accessed by NICS;
            (4) supply accurate and timely information to the Attorney 
        General concerning the identity of persons who are prohibited 
        from obtaining a firearm under section 922(g)(4) of title 18, 
        United States Code, to be used by the Federal Bureau of 
        Investigation solely to conduct NICS background checks;
            (5) supply accurate and timely court orders and records of 
        misdemeanor crimes of domestic violence for inclusion in 
        Federal and State law enforcement databases used to conduct 
        NICS background checks; and
            (6) collect and analyze data needed to demonstrate levels 
        of State compliance with this Act.
    (c) Eligibility.--To be eligible for a grant under this section, a 
State shall certify, to the satisfaction of the Attorney General, that 
the State has implemented a relief from disabilities program in 
accordance with section 215.
    (d) Condition.--As a condition of receiving a grant under this 
section, a State shall specify the projects for which grant amounts 
will be used, and shall use such amounts only as specified. A State 
that violates this subsection shall be liable to the Attorney General 
for the full amount of the grant received under this section.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section $400,000,000 for each of the fiscal 
        years 2009 through 2013.
            (2) Allocations.--For fiscal years 2009 and 2010, the 
        Attorney General shall endeavor to allocate at least \1/2\ of 
        the authorized appropriations to those States providing more 
        than 50 percent of the records required to be provided under 
        sections 212 and 213. For fiscal years 2011, 2012, and 2013, 
        the Attorney General shall endeavor to allocate at least \1/2\ 
        of the authorized appropriations to those States providing more 
        than 70 percent of the records required to be provided under 
        section 212 and 213. The allocations in this paragraph shall be 
        subject to the discretion of the Attorney General, who shall 
        have the authority to make adjustments to the distribution of 
        the authorized appropriations as necessary to maximize 
        incentives for State compliance.
    (f) User Fee.--The Federal Bureau of Investigation shall not charge 
a user fee for background checks pursuant to section 922(t) of title 
18, United States Code.

SEC. 214. PENALTIES FOR NONCOMPLIANCE.

    (a) Attorney General Report.--
            (1) In general.--Not later than January 31 of each year, 
        the Attorney General shall submit to the Committee on the 
        Judiciary of the Senate and the Committee on the Judiciary of 
        the House of Representatives a report on the progress of the 
        States in automating the databases containing information 
        described under sections 212 and 213, and in providing that 
        information pursuant to the requirements of sections 212 and 
        213.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to the Department of Justice, such funds as 
        may be necessary to carry out paragraph (1).
    (b) Penalties.--
            (1) Discretionary reduction.--
                    (A) During the 2-year period beginning 3 years 
                after the date of enactment of this Act, the Attorney 
                General may withhold not more than 3 percent of the 
                amount that would otherwise be allocated to a State 
                under section 505 of the Omnibus Crime Control and Safe 
                Streets Act of 1968 (42 U.S.C. 3755) if the State 
                provides less than 50 percent of the records required 
                to be provided under sections 212 and 213.
                    (B) During the 5-year period after the expiration 
                of the period referred to in subparagraph (A), the 
                Attorney General may withhold not more than 4 percent 
                of the amount that would otherwise be allocated to a 
                State under section 505 of the Omnibus Crime Control 
                and Safe Streets Act of 1968 (42 U.S.C. 3755) if the 
                State provides less than 70 percent of the records 
                required to be provided under sections 212 and 213.
            (2) Mandatory reduction.--After the expiration of the 
        periods referred to in paragraph (1), the Attorney General 
        shall withhold 5 percent of the amount that would otherwise be 
        allocated to a State under section 505 of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3755), if the 
        State provides less than 90 percent of the records required to 
        be provided under sections 212 and 213.
            (3) Waiver by attorney general.--The Attorney General may 
        waive the applicability of paragraph (2) to a State if the 
        State provides substantial evidence, as determined by the 
        Attorney General, that the State is making a reasonable effort 
        to comply with the requirements of sections 212 and 213, 
        including an inability to comply due to court order or other 
        legal restriction.
    (c) Reallocation.--Any funds that are not allocated to a State 
because of the failure of the State to comply with the requirements of 
this title shall be reallocated to States that meet such requirements.
    (d) Methodology.--The method established to calculate the number of 
records to be reported, as set forth in section 212(b)(1)(A), and State 
compliance with the required level of reporting under sections 212 and 
213 shall be determined by the Attorney General. The Attorney General 
shall calculate the methodology based on the total number of records to 
be reported from all subcategories of records, as described in section 
212(b)(1)(C).

SEC. 215. RELIEF FROM DISABILITIES PROGRAM REQUIRED AS CONDITION FOR 
              PARTICIPATION IN GRANT PROGRAMS.

    (a) Program Described.--A relief from disabilities program is 
implemented by a State in accordance with this section if the program--
            (1) permits a person who, pursuant to State law, has been 
        adjudicated as described in subsection (g)(4) of section 922 of 
        title 18, United States Code, or has been committed to a mental 
        institution, to apply to the State for relief from the 
        disabilities imposed by subsections (d)(4) and (g)(4) of such 
        section by reason of the adjudication or commitment;
            (2) provides that a State court, board, commission, or 
        other lawful authority shall grant the relief, pursuant to 
        State law and in accordance with the principles of due process, 
        if the circumstances regarding the disabilities referred to in 
        paragraph (1), and the person's record and reputation, are such 
        that the person will not be likely to act in a manner dangerous 
        to public safety and that the granting of the relief would not 
        be contrary to the public interest; and
            (3) permits a person whose application for the relief is 
        denied to file a petition with the State court of appropriate 
        jurisdiction for a de novo judicial review of the denial.
    (b) Authority To Provide Relief From Certain Disabilities With 
Respect to Firearms.--If, under a State relief from disabilities 
program implemented in accordance with this section, an application for 
relief referred to in subsection (a)(1) of this section is granted with 
respect to an adjudication or a commitment to a mental institution, the 
adjudication or commitment, as the case may be, is deemed not to have 
occurred for purposes of subsections (d)(4) and (g)(4) of section 922 
of title 18, United States Code.

SEC. 216. ILLEGAL IMMIGRANT GUN PURCHASE NOTIFICATION.

    (a) In General.--Notwithstanding any other provision of law or of 
this title, all records obtained by the National Instant Criminal 
Background Check system relevant to whether an individual is prohibited 
from possessing a firearm because such person is an alien illegally or 
unlawfully in the United States shall be made available to U.S. 
Immigration and Customs Enforcement.
    (b) Regulations.--The Attorney General, at his or her discretion, 
shall promulgate guidelines relevant to what records relevant to 
illegal aliens shall be provided pursuant to the provisions of this 
title.

Subtitle B--Focusing Federal Assistance on the Improvement of Relevant 
                                Records

SEC. 221. CONTINUING EVALUATIONS.

    (a) Evaluation Required.--The Director of the Bureau of Justice 
Statistics (referred to in this section as the ``Director'') shall 
study and evaluate the operations of the National Instant Criminal 
Background Check System. Such study and evaluation shall include 
compilations and analyses of the operations and record systems of the 
agencies and organizations necessary to support such System.
    (b) Report on Grants.--Not later than January 31 of each year, the 
Director shall submit to Congress a report containing the estimates 
submitted by the States under section 212(b).
    (c) Report on Best Practices.--Not later than January 31 of each 
year, the Director shall submit to Congress, and to each State 
participating in the National Criminal History Improvement Program, a 
report of the practices of the States regarding the collection, 
maintenance, automation, and transmittal of information relevant to 
determining whether a person is prohibited from possessing or receiving 
a firearm by Federal or State law, by the State or any other agency, or 
any other records relevant to the National Instant Criminal Background 
Check System, that the Director considers to be best practices.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for each of the fiscal years 
2009 through 2011 to complete the studies, evaluations, and reports 
required under this section.

   Subtitle C--Grants to State Court Systems for the Improvement in 
           Automation and Transmittal of Disposition Records

SEC. 231. DISPOSITION RECORDS AUTOMATION AND TRANSMITTAL IMPROVEMENT 
              GRANTS.

    (a) Grants Authorized.--From amounts made available to carry out 
this section, the Attorney General shall make grants to each State, 
consistent with State plans for the integration, automation, and 
accessibility of criminal history records, for use by the State court 
system to improve the automation and transmittal of criminal history 
dispositions, records relevant to determining whether a person has been 
convicted of a misdemeanor crime of domestic violence, court orders, 
and mental health adjudications or commitments, to Federal and State 
record repositories in accordance with sections 212 and 213 and the 
National Criminal History Improvement Program.
    (b) Grants to Indian Tribes.--Up to 5 percent of the grant funding 
available under this section may be reserved for Indian tribal 
governments for use by Indian tribal judicial systems.
    (c) Use of Funds.--Amounts granted under this section shall be used 
by the State court system only--
            (1) to carry out, as necessary, assessments of the 
        capabilities of the courts of the State for the automation and 
        transmission of arrest and conviction records, court orders, 
        and mental health adjudications or commitments to Federal and 
        State record repositories; and
            (2) to implement policies, systems, and procedures for the 
        automation and transmission of arrest and conviction records, 
        court orders, and mental health adjudications or commitments to 
        Federal and State record repositories.
    (d) Eligibility.--To be eligible to receive a grant under this 
section, a State shall certify, to the satisfaction of the Attorney 
General, that the State has implemented a relief from disabilities 
program in accordance with section 215.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General to carry out this section 
$125,000,000 for each of the fiscal years 2008 through 2010.

                         Subtitle D--GAO Audit

SEC. 241. GAO AUDIT.

    (a) In General.--The Comptroller General of the United States shall 
conduct an audit of the expenditure of all funds appropriated for 
criminal records improvement pursuant to section 106(b) of the Brady 
Handgun Violence Prevention Act (Public Law 103-159) to determine if 
the funds were expended for the purposes authorized by the Act and how 
those funds were expended for those purposes or were otherwise 
expended.
    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Comptroller General shall submit a report to Congress 
describing the findings of the audit conducted pursuant to subsection 
(a).

                TITLE III--EQUITY IN LAW ENFORCEMENT ACT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Equity in Law Enforcement Act''.

SEC. 302. LINE-OF-DUTY DEATH AND DISABILITY BENEFITS.

    Section 1204(8) of part L of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796b(8)) is amended--
            (1) in subparagraph (B), by striking ``or'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
                    ``(D) an individual who is--
                            ``(i) serving a private institution of 
                        higher education in an official capacity, with 
                        or without compensation, as a law enforcement 
                        officer; and
                            ``(ii) sworn, licensed, or certified under 
                        the laws of a State for the purposes of law 
                        enforcement (and trained to meet the training 
                        standards for law enforcement officers 
                        established by the relevant governmental 
                        appointing authority); or
                    ``(E) a rail police officer who is--
                            ``(i) employed by a rail carrier; and
                            ``(ii) sworn, licensed, or certified under 
                        the laws of a State for the purposes of law 
                        enforcement (and trained to meet the training 
                        standards for law enforcement officers 
                        established by the relevant governmental 
                        appointing authority).''.

SEC. 303. LAW ENFORCEMENT ARMOR VESTS.

    (a) Grant Program.--Section 2501 of part Y of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796ll) is amended--
            (1) in subsection (a)--
                    (A) by striking ``and Indian tribes'' and inserting 
                ``Indian tribes, private institutions of higher 
                education, and rail carriers''; and
                    (B) by inserting before the period the following: 
                ``and law enforcement officers serving private 
                institutions of higher education and rail carriers who 
                are sworn, licensed, or certified under the laws of a 
                State for the purposes of law enforcement (and trained 
                to meet the training standards for law enforcement 
                officers established by the relevant governmental 
                appointing authority)'';
            (2) in subsection (b)(1), by striking ``or Indian tribe'' 
        and inserting ``Indian tribe, private institution of higher 
        education, or rail carrier''; and
            (3) in subsection (e), by striking ``or Indian tribe'' and 
        inserting ``Indian tribe, private institution of higher 
        education, or rail carrier''.
    (b) Applications.--Section 2502 of part Y of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796ll-1) is amended--
            (1) in subsection (a), by striking ``or Indian tribe'' and 
        inserting ``Indian tribe, private institution of higher 
        education, or rail carrier''; and
            (2) in subsection (b), by striking ``and Indian tribes'' 
        and inserting ``Indian tribes, private institutions of higher 
        education, and rail carriers''.
    (c) Definitions.--Section 2503(6) of part Y of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796ll-2(6)) is amended 
by striking ``or Indian tribe'' and inserting ``Indian tribe, private 
institution of higher education, or rail carrier''.

SEC. 304. BYRNE GRANTS.

    Section 501(b)(2) of part E of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3751(b)(2)) is amended by 
inserting after ``units of local government'' the following: ``, 
private institutions of higher education, and rail carriers''.

         TITLE IV--LAW ENFORCEMENT OFFICERS SAFETY ACT OF 2007

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Law Enforcement Officers Safety 
Act of 2007''.

SEC. 402. AMENDMENTS TO LAW ENFORCEMENT OFFICERS SAFETY PROVISIONS OF 
              TITLE 18.

    (a) In General.--Section 926B of title 18, United States Code, is 
amended by adding at the end the following:
    ``(f) For purposes of this section, a law enforcement officer of 
the Amtrak Police Department or a law enforcement or police officer of 
the executive branch of the Federal Government qualifies as an employee 
of a governmental agency who is authorized by law to engage in or 
supervise the prevention, detection, investigation, or prosecution of, 
or the incarceration of any person for, any violation of law, and has 
statutory powers of arrest.''.
    (b) Retired Law Enforcement Officers.--Section 926C of title 18, 
United States Code, is amended--
            (1) in subsection (c)--
                    (A) in paragraph (3)(A), by striking ``was 
                regularly employed as a law enforcement officer for an 
                aggregate of 15 years or more'' and inserting ``served 
                as a law enforcement officer for an aggregate of 10 
                years or more'';
                    (B) by striking paragraphs (4) and (5) and 
                inserting the following:
            ``(4) during the most recent 12-month period, has met, at 
        the expense of the individual, the standards for qualification 
        in firearms training for active law enforcement officers as set 
        by the officer's former agency, the State in which the officer 
        resides or, if the State has not established such standards, a 
        law enforcement agency within the State in which the officer 
        resides;''; and
                    (C) by redesignating paragraphs (6) and (7) as 
                paragraphs (5) and (6), respectively;
            (2) in subsection (d)--
                    (A) in paragraph (1), by striking ``to meet the 
                standards established by the agency for training and 
                qualification for active law enforcement officers to 
                carry a firearm of the same type as the concealed 
                firearm; or'' and inserting ``to meet the active duty 
                standards for qualification in firearms training as 
                established by the agency to carry a firearm of the 
                same type as the concealed firearm or''; and
                    (B) in paragraph (2)(B), by striking ``that 
                indicates that the individual has, not less recently 
                than 1 year before the date the individual is carrying 
                the concealed firearm, been tested or otherwise found 
                by the State to meet the standards established by the 
                State for training and qualification for active law 
                enforcement officers to carry a firearm of the same 
                type as the concealed firearm.'' and inserting ``or by 
                a certified firearms instructor that is qualified to 
                conduct a firearms qualification test for active duty 
                officers within that State that indicates that the 
                individual has, not less recently than 1 year before 
                the date the individual is carrying the concealed 
                firearms, been tested or otherwise found by the State 
                or a certified firearms instructor that is qualified to 
                conduct a firearms qualification test for active duty 
                officers within that State to have met--
                            ``(i) the active duty standards for 
                        qualification in firearms training as 
                        established by the State to carry a firearm of 
                        the same type as the concealed firearm; or
                            ``(ii) if the State has not established 
                        such standards, standards set by any law 
                        enforcement agency within that State to carry a 
                        firearm of the same type as the concealed 
                        firearm.''; and
            (3) by adding at the end the following:
    ``(f) In this section, the term `service with a public agency as a 
law enforcement officer' includes service as a law enforcement officer 
of the Amtrak Police Department or as a law enforcement or police 
officer of the executive branch of the Federal Government.''.

SEC. 403. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF QUALIFIED ACTIVE 
              AND RETIRED LAW ENFORCEMENT OFFICERS.

    (a) In General.--Not later than 6 months after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall begin a study of the number of active and retired law enforcement 
officers carrying concealed firearms pursuant to sections 926B and 926C 
of title 18, United States Code.
    (b) Contents.--The study shall determine and analyze the following:
            (1) The number of qualified law enforcement officers in 
        each State or any political subdivision thereof carrying a 
        concealed firearm under section 926B of title 18, United States 
        Code.
            (2) The number of qualified retired law enforcement 
        officers in each State or any political subdivision thereof 
        carrying a concealed firearm under section 926C of title 18, 
        United States Code.
            (3) The number of qualified retired law enforcement 
        officers with less than 15 years of service carrying a 
        concealed firearm.
            (4) The number of qualified retired law enforcement 
        officers obtaining certification from a certified firearms 
        instructor that is qualified to conduct a firearms 
        qualification test for active duty officers within that State 
        to have met the active duty standards for qualification in 
        firearms training as established by the State or, if the State 
        has not established such standards, standards set by a law 
        enforcement agency for training and qualification for active 
        duty law enforcement officers within that State, to carry a 
        firearm of the same type as the concealed firearm. The report 
        shall also include detailed information on the differences 
        between the certification requirements set forth by each State 
        and each law enforcement agency within that State authorized to 
        issue certifications for concealed weapons under sections 926B 
        and 926C of title 18, United States Code.
            (5) A detailed analysis and comparison of the criteria used 
        in each State or any political subdivision thereof to determine 
        whether an individual is qualified to carry a concealed weapon 
        under section 926C(c)(5) of title 18, United States Code.
    (c) Opportunity for Public Comment.--The Comptroller General shall 
provide an opportunity for public comment on the proposed scope and 
methodology for the report required by subsections (a) and (b), making 
such modifications in response to such comments as he deems 
appropriate.
    (d) Report.--Not later than 15 months after the date of the 
enactment of this Act, the Comptroller General shall complete the study 
under this section and submit a report to the Committees on the 
Judiciary of the Senate and the Committee on the Judiciary of the House 
of Representatives regarding the findings of the study.

                        TITLE V--PRECAUTION ACT

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Prevention Resources for 
Eliminating Criminal Activity Using Tailored Interventions in Our 
Neighborhoods Act of 2007'' or the ``PRECAUTION Act''.

SEC. 502. PURPOSES.

    The purposes of this title are to--
            (1) establish a commitment on the part of the Federal 
        Government to provide leadership on successful crime prevention 
        and intervention strategies;
            (2) further the integration of crime prevention and 
        intervention strategies into traditional law enforcement 
        practices of State and local law enforcement offices around the 
        country;
            (3) develop a plain-language, implementation-focused 
        assessment of those current crime and delinquency prevention 
        and intervention strategies that are supported by rigorous 
        evidence;
            (4) provide additional resources to the National Institute 
        of Justice to administer research and development grants for 
        promising crime prevention and intervention strategies;
            (5) develop recommendations for Federal priorities for 
        crime and delinquency prevention and intervention research, 
        development, and funding that may augment important Federal 
        grant programs, including the Edward Byrne Memorial Justice 
        Assistance Grant Program 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.), grant programs administered by the Office 
        of Community Oriented Policing Services of the Department of 
        Justice, grant programs administered by the Office of Safe and 
        Drug-Free Schools of the Department of Education, and other 
        similar programs; and
            (6) reduce the costs that rising violent crime imposes on 
        interstate commerce.

SEC. 503. DEFINITIONS.

    In this title, the following definitions shall apply:
            (1) Commission.--The term ``Commission'' means the National 
        Commission on Public Safety Through Crime Prevention 
        established under section 134(a).
            (2) Rigorous evidence.--The term ``rigorous evidence'' 
        means evidence generated by scientifically valid forms of 
        outcome evaluation, particularly randomized trials (where 
        practicable).
            (3) Subcategory.--The term ``subcategory'' means 1 of the 
        following categories:
                    (A) Family and community settings (including public 
                health-based strategies).
                    (B) Law enforcement settings (including probation-
                based strategies).
                    (C) School settings (including antigang and general 
                antiviolence strategies).
            (4) Top-tier.--The term ``top-tier'' means any strategy 
        supported by rigorous evidence of the sizable, sustained 
        benefits to participants in the strategy or to society.

SEC. 504. NATIONAL COMMISSION ON PUBLIC SAFETY THROUGH CRIME 
              PREVENTION.

    (a) Establishment.--There is established a commission to be known 
as the National Commission on Public Safety Through Crime Prevention.
    (b) Members.--
            (1) In general.--The Commission shall be composed of 9 
        members, of whom--
                    (A) 3 shall be appointed by the President, 1 of 
                whom shall be the Assistant Attorney General for the 
                Office of Justice Programs or a representative of such 
                Assistant Attorney General;
                    (B) 2 shall be appointed by the Speaker of the 
                House of Representatives, unless the Speaker is of the 
                same party as the President, in which case 1 shall be 
                appointed by the Speaker of the House of 
                Representatives and 1 shall be appointed by the 
                minority leader of the House of Representatives;
                    (C) 1 shall be appointed by the minority leader of 
                the House of Representatives (in addition to any 
                appointment made under subparagraph (B));
                    (D) 2 shall be appointed by the majority leader of 
                the Senate, unless the majority leader is of the same 
                party as the President, in which case 1 shall be 
                appointed by the majority leader of the Senate and 1 
                shall be appointed by the minority leader of the 
                Senate; and
                    (E) 1 member appointed by the minority leader of 
                the Senate (in addition to any appointment made under 
                subparagraph (D)).
            (2) Persons eligible.--
                    (A) In general.--Each member of the Commission 
                shall be an individual who has knowledge or expertise 
                in matters to be studied by the Commission.
                    (B) Required representatives.--At least--
                            (i) 2 members of the Commission shall be 
                        respected social scientists with experience 
                        implementing or interpreting rigorous, outcome-
                        based trials; and
                            (ii) 2 members of the Commission shall be 
                        law enforcement practitioners.
            (3) Consultation required.--The President, the Speaker of 
        the House of Representatives, the minority leader of the House 
        of Representatives, and the majority leader and minority leader 
        of the Senate shall consult prior to the appointment of the 
        members of the Commission to achieve, to the maximum extent 
        possible, fair and equitable representation of various points 
        of view with respect to the matters to be studied by the 
        Commission.
            (4) Term.--Each member shall be appointed for the life of 
        the Commission.
            (5) Time for initial appointments.--The appointment of the 
        members shall be made not later than 60 days after the date of 
        enactment of this Act.
            (6) Vacancies.--A vacancy in the Commission shall be filled 
        in the manner in which the original appointment was made, and 
        shall be made not later than 60 days after the date on which 
        the vacancy occurred.
            (7) Ex officio members.--The Director of the National 
        Institute of Justice, the Director of the Office of Juvenile 
        Justice and Delinquency Prevention, the Director of the 
        Community Capacity Development Office, the Director of the 
        Bureau of Justice Statistics, the Director of the Bureau of 
        Justice Assistance, and the Director of Community Oriented 
        Policing Services (or a representative of each such director) 
        shall each serve in an ex officio capacity on the Commission to 
        provide advice and information to the Commission.
    (c) Operation.--
            (1) Chairperson.--At the initial meeting of the Commission, 
        the members of the Commission shall elect a chairperson from 
        among its voting members, by a vote of \2/3\ of the members of 
        the Commission. The chairperson shall retain this position for 
        the life of the Commission. If the chairperson leaves the 
        Commission, a new chairperson shall be selected, by a vote of 
        \2/3\ of the members of the Commission.
            (2) Meetings.--The Commission shall meet at the call of the 
        chairperson. The initial meeting of the Commission shall take 
        place not later than 30 days after the date on which all the 
        members of the Commission have been appointed.
            (3) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum to conduct business, and the 
        Commission may establish a lesser quorum for conducting 
        hearings scheduled by the Commission.
            (4) Rules.--The Commission may establish by majority vote 
        any other rules for the conduct of Commission business, if such 
        rules are not inconsistent with this subtitle or other 
        applicable law.
    (d) Public Hearings.--
            (1) In general.--The Commission shall hold public hearings. 
        The Commission may hold such hearings, sit and act at such 
        times and places, take such testimony, and receive such 
        evidence as the Commission considers advisable to carry out its 
        duties under this section.
            (2) Focus of hearings.--The Commission shall hold at least 
        3 separate public hearings, each of which shall focus on 1 of 
        the subcategories.
            (3) Witness expenses.--Witnesses requested to appear before 
        the Commission shall be paid the same fees as are paid to 
        witnesses under section 1821 of title 28, United States Code. 
        The per diem and mileage allowances for witnesses shall be paid 
        from funds appropriated to the Commission.
    (e) Comprehensive Study of Evidence-Based Crime Prevention and 
Intervention Strategies.--
            (1) In general.--The Commission shall carry out a 
        comprehensive study of the effectiveness of crime and 
        delinquency prevention and intervention strategies, organized 
        around the 3 subcategories.
            (2) Matters included.--The study under paragraph (1) shall 
        include--
                    (A) a review of research on the general 
                effectiveness of incorporating crime prevention and 
                intervention strategies into an overall law enforcement 
                plan;
                    (B) an evaluation of how to more effectively 
                communicate the wealth of social science research to 
                practitioners;
                    (C) a review of evidence regarding the 
                effectiveness of specific crime prevention and 
                intervention strategies, focusing on those strategies 
                supported by rigorous evidence;
                    (D) an identification of--
                            (i) promising areas for further research 
                        and development; and
                            (ii) other areas representing gaps in the 
                        body of knowledge that would benefit from 
                        additional research and development;
                    (E) an assessment of the best practices for 
                implementing prevention and intervention strategies;
                    (F) an assessment of the best practices for 
                gathering rigorous evidence regarding the 
                implementation of intervention and prevention 
                strategies; and
                    (G) an assessment of those top-tier strategies best 
                suited for duplication efforts in a range of settings 
                across the country.
            (3) Initial report on top-tier crime prevention and 
        intervention strategies.--
                    (A) Distribution.--Not later than 18 months after 
                the date on which all members of the Commission have 
                been appointed, the Commission shall submit a public 
                report on the study carried out under this subsection 
                to--
                            (i) the President;
                            (ii) Congress;
                            (iii) the Attorney General;
                            (iv) the Chief Federal Public Defender of 
                        each district;
                            (v) the chief executive of each State;
                            (vi) the Director of the Administrative 
                        Office of the Courts of each State;
                            (vii) the Director of the Administrative 
                        Office of the United States Courts; and
                            (viii) the attorney general of each State.
                    (B) Contents.--The report under subparagraph (A) 
                shall include--
                            (i) the findings and conclusions of the 
                        Commission;
                            (ii) a summary of the top-tier strategies, 
                        including--
                                    (I) a review of the rigorous 
                                evidence supporting the designation of 
                                each strategy as top-tier;
                                    (II) a brief outline of the keys to 
                                successful implementation for each 
                                strategy; and
                                    (III) a list of references and 
                                other information on where further 
                                information on each strategy can be 
                                found;
                            (iii) recommended protocols for 
                        implementing crime and delinquency prevention 
                        and intervention strategies generally;
                            (iv) recommended protocols for evaluating 
                        the effectiveness of crime and delinquency 
                        prevention and intervention strategies; and
                            (v) a summary of the materials relied upon 
                        by the Commission in preparation of the report.
                    (C) Consultation with outside authorities.--In 
                developing the recommended protocols for implementation 
                and rigorous evaluation of top-tier crime and 
                delinquency prevention and intervention strategies 
                under this paragraph, the Commission shall consult with 
                the Committee on Law and Justice at the National 
                Academy of Science and with national associations 
                representing the law enforcement and social science 
                professions, including the National Sheriffs' 
                Association, the Police Executive Research Forum, the 
                International Association of Chiefs of Police, the 
                Consortium of Social Science Associations, and the 
                American Society of Criminology.
    (f) Recommendations Regarding Dissemination of the Innovative Crime 
Prevention and Intervention Strategy Grants.--
            (1) Submission.--
                    (A) In general.--Not later than 30 days after the 
                date of the final hearing under subsection (d) relating 
                to a subcategory, the Commission shall provide the 
                Director of the National Institute of Justice with 
                recommendations on qualifying considerations relating 
                to that subcategory for selecting grant recipients 
                under section 505.
                    (B) Deadline.--Not later than 13 months after the 
                date on which all members of the Commission have been 
                appointed, the Commission shall provide all 
                recommendations required under this subsection.
            (2) Matters included.--The recommendations provided under 
        paragraph (1) shall include recommendations relating to--
                    (A) the types of strategies for the applicable 
                subcategory that would best benefit from additional 
                research and development;
                    (B) any geographic or demographic targets;
                    (C) the types of partnerships with other public or 
                private entities that might be pertinent and 
                prioritized; and
                    (D) any classes of crime and delinquency prevention 
                and intervention strategies that should not be given 
                priority because of a pre-existing base of knowledge 
                that would benefit less from additional research and 
                development.
    (g) Final Report on the Results of the Innovative Crime Prevention 
and Intervention Strategy Grants.--
            (1) In general.--Following the close of the 3-year 
        implementation period for each grant recipient under section 
        505, the Commission shall collect the results of the study of 
        the effectiveness of that grant under section 505(b)(3) and 
        shall submit a public report to the President, the Attorney 
        General, Congress, the chief executive of each State, and the 
        attorney general of each State describing each strategy funded 
        under section 505 and its results. This report shall be 
        submitted not later than 5 years after the date of the 
        selection of the chairperson of the Commission.
            (2) Collection of information and evidence regarding grant 
        recipients.--The Commission's collection of information and 
        evidence regarding each grant recipient under section 505 shall 
        be carried out by--
                    (A) ongoing communications with the grant 
                administrator at the National Institute of Justice;
                    (B) visits by representatives of the Commission 
                (including at least 1 member of the Commission) to the 
                site where the grant recipient is carrying out the 
                strategy with a grant under section 505, at least once 
                in the second and once in the third year of that grant;
                    (C) a review of the data generated by the study 
                monitoring the effectiveness of the strategy; and
                    (D) other means as necessary.
            (3) Matters included.--The report submitted under paragraph 
        (1) shall include a review of each strategy carried out with a 
        grant under section 505, detailing--
                    (A) the type of crime or delinquency prevention or 
                intervention strategy;
                    (B) where the activities under the strategy were 
                carried out, including geographic and demographic 
                targets;
                    (C) any partnerships with public or private 
                entities through the course of the grant period;
                    (D) the type and design of the effectiveness study 
                conducted under section 505(b)(3) for that strategy;
                    (E) the results of the effectiveness study 
                conducted under section 505(b)(3) for that strategy;
                    (F) lessons learned regarding implementation of 
                that strategy or of the effectiveness study conducted 
                under section 505(b)(3), including recommendations 
                regarding which types of environments might best be 
                suited for successful replication; and
                    (G) recommendations regarding the need for further 
                research and development of the strategy.
    (h) Personnel Matters.--
            (1) Travel expenses.--The members of the Commission shall 
        be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of service for the Commission.
            (2) Compensation of members.--Members of the Commission 
        shall serve without compensation.
            (3) Staff.--
                    (A) In general.--The chairperson of the Commission 
                may, without regard to the civil service laws and 
                regulations, appoint and terminate an executive 
                director and such other additional personnel as may be 
                necessary to enable the Commission to perform its 
                duties. The employment of an executive director shall 
                be subject to confirmation by the Commission.
                    (B) Compensation.--The chairperson of the 
                Commission may fix the compensation of the executive 
                director and other personnel without regard to the 
                provisions of chapter 51 and subchapter III of chapter 
                53 of title 5, United States Code, relating to 
                classification of positions and General Schedule pay 
                rates, except that the rate of pay for the executive 
                director and other personnel may not exceed the rate 
                payable for level V of the Executive Schedule under 
                section 5316 of such title.
            (4) Detail of federal employees.--With the affirmative vote 
        of \2/3\ of the members of the Commission, any Federal 
        Government employee, with the approval of the head of the 
        appropriate Federal agency, may be detailed to the Commission 
        without reimbursement, and such detail shall be without 
        interruption or loss of civil service status, benefits, or 
        privileges.
    (i) Contracts for Research.--
            (1) National institute of justice.--With a \2/3\ 
        affirmative vote of the members of the Commission, the 
        Commission may select nongovernmental researchers and experts 
        to assist the Commission in carrying out its duties under this 
        Act. The National Institute of Justice shall contract with the 
        researchers and experts selected by the Commission to provide 
        funding in exchange for their services.
            (2) Other organizations.--Nothing in this subsection shall 
        be construed to limit the ability of the Commission to enter 
        into contracts with other entities or organizations for 
        research necessary to carry out the duties of the Commission 
        under this section.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 to carry out this section.
    (k) Termination.--The Commission shall terminate on the date that 
is 30 days after the date on which the Commission submits the last 
report required by this section.
    (l) Exemption.--The Commission shall be exempt from the Federal 
Advisory Committee Act.

SEC. 505. INNOVATIVE CRIME PREVENTION AND INTERVENTION STRATEGY GRANTS.

    (a) Grants Authorized.--The Director of the National Institute of 
Justice may make grants to public and private entities to fund the 
implementation and evaluation of innovative crime or delinquency 
prevention or intervention strategies. The purpose of grants under this 
section shall be to provide funds for all expenses related to the 
implementation of such a strategy and to conduct a rigorous study on 
the effectiveness of that strategy.
    (b) Grant Distribution.--
            (1) Period.--A grant under this section shall be made for a 
        period of not more than 3 years.
            (2) Amount.--The amount of each grant under this section--
                    (A) shall be sufficient to ensure that rigorous 
                evaluations may be performed; and
                    (B) shall not exceed $2,000,000.
            (3) Evaluation set-aside.--
                    (A) In general.--A grantee shall use not less than 
                $300,000 and not more than $700,000 of the funds from a 
                grant under this section for a rigorous study of the 
                effectiveness of the strategy during the 3-year period 
                of the grant for that strategy.
                    (B) Methodology of study.--
                            (i) In general.--Each study conducted under 
                        subparagraph (A) shall use an evaluator and a 
                        study design approved by the employee of the 
                        National Institute of Justice hired or assigned 
                        under subsection (c).
                            (ii) Criteria.--The employee of the 
                        National Institute of Justice hired or assigned 
                        under subsection (c) shall approve--
                                    (I) an evaluator that has 
                                successfully carried out multiple 
                                studies producing rigorous evidence of 
                                effectiveness; and
                                    (II) a proposed study design that 
                                is likely to produce rigorous evidence 
                                of the effectiveness of the strategy.
                            (iii) Approval.--Before a grant is awarded 
                        under this section, the evaluator and study 
                        design of a grantee shall be approved by the 
                        employee of the National Institute of Justice 
                        hired or assigned under subsection (c).
            (4) Date of award.--Not later than 6 months after the date 
        of receiving recommendations relating to a subcategory from the 
        Commission under section 504(f), the Director of the National 
        Institute of Justice shall award all grants under this section 
        relating to that subcategory.
            (5) Type of grants.--One-third of the grants made under 
        this section shall be made in each subcategory. In distributing 
        grants, the recommendations of the Commission under section 
        504(f) shall be considered.
            (6) Authorization of appropriations.--There are authorized 
        to be appropriated $18,000,000 to carry out this subsection.
    (c) Dedicated Staff.--
            (1) In general.--The Director of the National Institute of 
        Justice shall hire or assign a full-time employee to oversee 
        the grants under this section.
            (2) Study oversight.--The employee of the National 
        Institute of Justice hired or assigned under paragraph (1) 
        shall be responsible for ensuring that grantees adhere to the 
        study design approved before the applicable grant was awarded.
            (3) Liaison.--The employee of the National Institute of 
        Justice hired or assigned under paragraph (1) may be used as a 
        liaison between the Commission and the recipients of a grant 
        under this section. That employee shall be responsible for 
        ensuring timely cooperation with Commission requests.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated $150,000 for each of fiscal years 2008 
        through 2012 to carry out this subsection.
    (d) Applications.--A public or private entity desiring a grant 
under this section shall submit an application at such time, in such 
manner, and accompanied by such information as the Director of the 
National Institute of Justice may reasonably require.
    (e) Cooperation With the Commission.--Grant recipients shall 
cooperate with the Commission in providing them with full information 
on the progress of the strategy being carried out with a grant under 
this section, including--
            (1) hosting visits by the members of the Commission to the 
        site where the activities under the strategy are being carried 
        out;
            (2) providing pertinent information on the logistics of 
        establishing the strategy for which the grant under this 
        section was received, including details on partnerships, 
        selection of participants, and any efforts to publicize the 
        strategy; and
            (3) responding to any specific inquiries that may be made 
        by the Commission.

           TITLE VI--TERRORIST HOAX IMPROVEMENTS ACT OF 2007

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Terrorist Hoax Improvements Act of 
2007''.

SEC. 602. IMPROVEMENTS TO THE TERRORIST HOAX STATUTE.

    (a) Hoax Statute.--Section 1038 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), after ``title 49,'' insert 
                ``or any other offense listed under section 
                2332b(g)(5)(B) of this title,''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``5 
                        years'' and inserting ``10 years''; and
                            (ii) in subparagraph (B), by striking ``20 
                        years'' and inserting ``25 years''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) Civil Action.--
            ``(1) In general.--Whoever engages in any conduct with 
        intent to convey false or misleading information under 
        circumstances where such information may reasonably be believed 
        and where such information indicates that an activity has 
        taken, is taking, or will take place that would constitute an 
        offense listed under subsection (a)(1) is liable in a civil 
        action to any party incurring expenses incident to any 
        emergency or investigative response to that conduct, for those 
        expenses.
            ``(2) Effect of conduct.--
                    ``(A) In general.--A person described in 
                subparagraph (B) is liable in a civil action to any 
                party described in subparagraph (B)(ii) for any 
                expenses that are incurred by that party--
                            ``(i) incident to any emergency or 
                        investigative response to any conduct described 
                        in subparagraph (B)(i); and
                            ``(ii) after the person that engaged in 
                        that conduct should have informed that party of 
                        the actual nature of the activity.
                    ``(B) Applicability.--A person described in this 
                subparagraph is any person that--
                            ``(i) engages in any conduct that has the 
                        effect of conveying false or misleading 
                        information under circumstances where such 
                        information may reasonably be believed to 
                        indicate that an activity has taken, is taking, 
                        or will take place that would constitute an 
                        offense listed under subsection (a)(1);
                            ``(ii) receives actual notice that another 
                        party is taking emergency or investigative 
                        action because that party believes that the 
                        information indicates that an activity has 
                        taken, is taking, or will take place that would 
                        constitute an offense listed under subsection 
                        (a)(1); and
                            ``(iii) after receiving such notice, fails 
                        to promptly and reasonably inform 1 or more 
                        parties described in clause (ii) of the actual 
                        nature of the activity.''.
    (b) Threatening Communications.--
            (1) Mailed within the united states.--Section 876 of title 
        18, United States Code, is amended by adding at the end thereof 
        the following new subsection:
    ``(e) For purposes of this section, the term `addressed to any 
other person' includes an individual (other than the sender), a 
corporation or other legal person, and a government or agency or 
component thereof.''.
            (2) Mailed to a foreign country.--Section 877 of title 18, 
        United States Code, is amended by adding at the end thereof the 
        following new paragraph:
    ``For purposes of this section, the term `addressed to any person' 
includes an individual, a corporation or other legal person, and a 
government or agency or component thereof.''.
                                                       Calendar No. 382

110th CONGRESS

  1st Session

                                S. 2084

                          [Report No. 110-183]

_______________________________________________________________________

                                 A BILL

   To promote school safety, improved law enforcement, and for other 
                               purposes.

_______________________________________________________________________

                           September 21, 2007

                 Read twice and placed on the calendar