[House Report 107-458]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-458

======================================================================



 
                      LAW ENFORCEMENT TRIBUTE ACT

                                _______
                                

  May 14, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2624]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 2624) to authorize the Attorney General to make 
grants to honor, through permanent tributes, men and women of 
the United States who were killed or disabled while serving as 
law enforcement or public safety officers, having considered 
the same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Vote of the Committee............................................     2
Committee Oversight Findings.....................................     2
Performance Goals and Objectives.................................     2
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Constitutional Authority Statement...............................     4
Section-by-Section Analysis and Discussion.......................     4
Markup Transcript................................................     5

                          Purpose and Summary

    H.R. 2624, the ``Law Enforcement Tribute Act'' would 
authorize the Attorney General to make grants to States, units 
of local government, and Indian Tribes to construct permanent 
tributes to honor the achievements of United States law 
enforcement or public safety officers who were killed or 
disabled in the line of duty. It establishes a program to award 
grants directly to a State, local government or Indian tribe 
for up to 50 percent of the cost of construction of a permanent 
tribute. The Federal contribution may not exceed $150,000 for 
any single recipient.

                Background and Need for the Legislation

                       A. The Need for H.R. 2624

    More than 700,000 men and women risk assault, injury and 
their lives to serve as law enforcement officers in this 
country. Each year, one in nine officers is assaulted, one in 
25 is injured, and one in 4,400 is killed in the line of duty. 
Nationwide, 51 law enforcement officers were feloniously killed 
in the line of duty in the year 2000, compared with 42 in 1999, 
according to statistics from the Federal Bureau of 
Investigation (FBI). Additionally, FBI statistics also show 
that 83 officers were accidentally killed in the line of duty 
in 2000, compared with 65 accidental deaths in 1999. In 1999, 
112 firefighters also died in the line of duty.

                         B. Legislative History

    H.R. 2624, the ``Law Enforcement Tribute Act'' was 
introduced on July 25, 2001, and referred to the House 
Committee on the Judiciary. It was then referred to the 
Subcommittee on Crime on July 27, 2001.

                                Hearings

    No hearings were held on H.R. 2624, the ``Law Enforcement 
Tribute Act.''

                        Committee Consideration

    On August 2, 2001, the Subcommittee on Crime met in open 
session and ordered favorably reported the bill H.R. 2624, by 
voice vote, a quorum being present. On April 24, 2002, the 
Committee met in open session and ordered favorably reported 
the bill H.R. 2624 without amendment by voice vote, a quorum 
being present.

                         Vote of the Committee

    There were no recorded votes on this legislation.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                    Performance Goals and Objectives

    H.R. 2624, the ``Law Enforcement Tribute Act'' authorized 
appropriations of $3,000,000 for each of fiscal years 2002 
through 2006 to allow the Attorney General to may make grants 
to States, local governments, and Indian tribes to establish 
permanent tributes to men and women who were killed or disabled 
while serving as law enforcement or public safety officers. No 
grant recipient shall receive more than $150,000 and a 50 
percent match is required.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 2624, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 1, 2002.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2624, the Law 
Enforcement Tribute Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                  Dan L. Crippen, Director.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member
H.R. 2624--Law Enforcement Tribute Act.

                                SUMMARY

    H.R. 2624 would authorize the appropriation of $3 million 
for each of fiscal years 2002 through 2006 for the Department 
of Justice to make grants to State and local governments and 
Indian tribes to honor law enforcement or public safety 
officers who were killed or disabled in the line of duty. 
Assuming appropriation of the authorized amounts, CBO estimates 
that implementing H.R. 2624 would cost $13 million over the 
2002-2007 period. This legislation would not affect direct 
spending or receipts, so pay-as-you-go procedures would not 
apply.
    H.R. 2624 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
The bill would benefit State, local, and tribal governments 
that receive the grants that it would establish. Any costs 
incurred to receive or administer such grants would be 
voluntary.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    For this estimate, CBO assumes that the amounts authorized 
in H.R. 2624 for 2003 through 2006 will be appropriated by the 
start of each fiscal year and that outlays will follow 
historical spending patterns for similar grant programs. We 
assume that amounts authorized for 2002 will be appropriated 
this summer. The estimated budgetary impact of H.R. 2624 is 
shown in the following table. The costs of this legislation 
fall within budget function 750 (administration of justice).

                 By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
                                 2002   2003   2004   2005   2006   2007
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level                 3      3      3      3      3      0
Estimated Outlays                   0      1      3      4      3      2
------------------------------------------------------------------------

                     PAY-AS-YOU-GO CONSIDERATIONS:

    None.

        ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS

    H.R. 2624 contains no intergovernmental mandates as defined 
in UMRA. The bill would benefit State, local, and tribal 
governments that receive the grants that it would establish. 
Any costs incurred to receive or administer such grants would 
be voluntary.

                 ESTIMATED IMPACT ON THE PRIVATE-SECTOR

    H.R. 2624 contains no new private-sector mandates as 
defined in UMRA.

                         ESTIMATE PREPARED BY:

Federal Costs: Mark Grabowicz (226-2860)
Impact on State, Local, and Tribal Governments: Angela Seitz 
    (225-3220)
Impact on the Private Sector: Cecil McPherson (226-2949)

                         ESTIMATE APPROVED BY:

Peter H. Fontaine
Deputy Assistant Director for Budget Analysis

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8, clause 1 and 18 of 
the Constitution.

               Section-by-Section Analysis and Discussion

    Section 1. Short Title. The short title of the bill is the 
``Law Enforcement Tribute Act.''
    Section 2. Findings. This section of the bill makes 
findings regarding the number of law enforcement and public 
safety officers currently serving in the United States and the 
number assaulted, injured or killed in the line of duty each 
year. Congress finds that these officers risk their safety to 
serve the citizens of their communities. This section makes the 
finding that many of the communities do not have the resources 
to properly honor the fallen officers that have served them.
    Section 3. Program Authorized. This section authorizes the 
Attorney General to award matching grants up to 50 percent of 
the cost of the tribute directly to a State, local government 
or Indian Tribe in an amount not to exceed $150,000. It 
provides that Indian Tribes may use any funds appropriated by 
Congress for activities of the Bureau of Indian Affairs or 
Indian tribal government to meet the matching requirements.
    This section also requires any application for funds under 
this bill to meet the criteria established by the Attorney 
General. Section 3 requires the Attorney General to provide an 
annual report to provide Congress with information regarding 
the number of grants awarded, the amount of funds provided for 
those grants, and the activities the funds were used for.
    This section includes an authorization of $3 million for 
each fiscal year 2002-2006, which results in a total 
authorization of $15 million over 5 years.

                           Markup Transcript



                            BUSINESS MEETING

                       WEDNESDAY, APRIL 24, 2002

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:09 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
    Chairman Sensenbrenner. [Presiding.] The Committee will be 
in order.
    [Intervening business.]
    The next item on the agenda is the adoption of H.R. 2624, 
the ``Law Enforcement Tribute Act.'' The Chair recognizes the 
gentleman from Texas, Mr. Smith, Chairman of the Subcommittee 
on Crime, Terrorism, and Homeland Security, for a motion.
    Mr. Smith. Mr. Chairman, the Subcommittee reports favorably 
the bill H.R. 2624 and moves its favorable recommendation to 
the full House.
    Chairman Sensenbrenner. Without objection, the bill will be 
considered as read and open for amendment at any point.
    [The bill, H.R. 2624, follows:]
    
    
    Chairman Sensenbrenner. The Chair recognizes the gentleman 
from Texas in support of his motion.
    Mr. Smith. Thank you.
    Mr. Chairman, H.R. 2624, the ``Law Enforcement Tribute 
Act,'' was introduced by Representative Adam Schiff and has 
bipartisan support. It would authorize grants to allow States, 
units of local government, and Indian tribes to construct 
permanent tributes to honor United States law enforcement or 
public safety officers who have been killed or disabled in the 
line of duty.
    Congressman Schiff's efforts on this bill are very 
important to the men and women of law enforcement who put their 
lives at risk on September 11th and continue to do so every 
day.
    Nationwide, 135 law enforcement officers were killed in the 
line of duty in the year 2000. In 2001, 228 officers lost their 
lives in the line of duty, 71 in terrorist attacks.
    Mr. Chairman, we are honored every day by the service these 
men and women give to their communities. This bill will allow 
us to give them the honor they deserve, and I thank Mr. Schiff 
for introducing it and will be happy to yield the balance of my 
time to him.
    Mr. Schiff. I thank the gentleman for yielding, and I want 
to thank the Chairman for scheduling the bill for consideration 
this afternoon. The bill authorizes funding for grants to 
States and localities to help them in honoring through 
permanent tributes men and women in the United States who are 
killed or disabled while serving as law enforcement or public 
safety officers. To ensure the funding would allow for the 
development of many tributes around the country, there is a 
limit that no award can be greater than $150,000. The bill 
further requires a 50 percent match by the State or locality 
requesting the funding.
    It authorizes $3 million for each of 5 years to be 
administered through the Department of Justice. If the maximum 
amount were awarded in each case, at least 20 projects could be 
funded each year. Over a period of 5 years, a minimum of 100 
projects could be established. Senators Carnahan and Leahy have 
introduced a companion bill in the Senate just last week, S. 
2179.
    We have all, regrettably, experienced the loss of law 
enforcement officers in our district who have died serving our 
communities. In one of the communities I represent, Glendale, 
California, we've lost four police officers and one sheriff's 
deputy in the line of duty, most recently a Glendale police 
officer named Charles Lazzaretto, who was killed in a shootout 
with armed robbers.
    The Glendale Police Department has worked tirelessly to 
raise funds for the memorial. It would be a fitting tribute for 
the Federal Government to assist them and other communities, 
providing a relatively small amount of assistance for these 
often strapped departments, in order to honor their fallen 
heroes. And I want to again take this opportunity to thank the 
Crime Subcommittee Chairman Lamar Smith for all of his 
assistance, Ranking Member Bobby Scott, for marking up the bill 
in Subcommittee, and, again, Mr. Chairman, I thank you for 
scheduling it this afternoon.
    I yield back.
    Chairman Sensenbrenner. Does the gentleman from Virginia 
wish to say something, with the admonition that I see our 
reporting quorum drifting away?
    Mr. Scott. Yes, Mr. Chairman.
    Chairman Sensenbrenner. The gentleman's recognized for 5 
minutes.
    Mr. Scott. For the reasons articulated by the gentleman 
from Texas and the gentleman from California, I support the 
bill and yield back the balance of my time.
    Chairman Sensenbrenner. Without objection, Members will be 
authorized to insert opening statements in the record.
    Are there amendments? If there are no amendments, the Chair 
notes the presence of a reporting quorum. The question occurs 
on the motion to report the bill H.R. 2624 favorably. Those in 
favor will say aye? Opposed, no?
    The ayes appear to have it, and the ayes have it, and the 
motion to report favorably is adopted.
    Without objection, the Chair is authorized to move to go to 
conference pursuant to House rules. Without objection, the 
staff is directed to make any technical and conforming changes, 
and all Members will be given 2 days, as provided by the House 
rules, in which to submit additional dissenting, supplemental, 
or minority views.

                                  
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