More Details on FY 2024 Spending Package

The BBM team is still working through the Commerce-Justice-Science section of the spending package released earlier this afternoon, but we wanted to share a few resources for some light Sunday night reading:

BBM Appropriations Chart (shout-out to Josh for updating the chart): This chart includes FY 2024 funding recommendations for priority justice grant programs.
Pertinent Excerpts from the Explanatory Statement: This document lists directives and explanations on priority justice programs (text is also included at the bottom of this blog).
- The full explanatory statement, which includes a list of Congressionally directed spending (earmarks), is available here.
Bill text is available here.
The Senate Appropriations Committee’s bill summary is available here.
The House Appropriations Committee’s bill summary is available here.

Again, we will have much more information to share as we work through the text.

CJS Explanatory Statement

Relevant Excerpts

Senate Report Reference

Unless otherwise noted, the language set forth in Senate Report 118-62 (“the Senate report”) carries the same weight as language included in this joint explanatory statement and should be complied with unless specifically addressed to the contrary in this joint explanatory statement or the act. While some language is repeated for emphasis, it is not intended to negate the language referred to above unless expressly provided herein. In cases where the Senate report directs the submission of a report, such report is to be submitted to both the House and Senate Committees on Appropriations (“the Committees”). (page 1)

Department of Commerce

Forensic Sciences.-The agreement provides funding for forensic science research, including up to $3,500,000 to support the Organization of Scientific Area Committees, up to $1,500,000 for a competitive Standards Development Organization grant, and up to $1,500,000 to support technical merit evaluations. (pages 10-11)
Cybersecurity and Privacy Standards.-The agreement supports the following areas up to the fiscal year 2023 enacted level: vulnerability management; cryptography and privacy programs; identity and access management; software security; infrastructure with a particular focus on Domain Name System and Border Gateway Protocol security; improving usability of cybersecurity; the National Initiative for Cybersecurity Education with a particular focus on expanding the office and personnel capacity to support the workforce requirements authorized in Public Law 116-238; and Internet of Things security. (page 11)
Critical and Emerging Technologies.-The agreement includes no less than the fiscal year 2023 enacted level to support NIST’s standards development work across areas of critical and emerging technology. Within the funds provided, NIST is encouraged to increase support for the four areas outlined in the agency’s budget submission: artificial intelligence, quantum information science, biotechnology, and advanced communications research and standards. (page 11)
Artificial Intelligence (AI).-The agreement provides no less than the fiscal year 2023 enacted level for NIST’s ongoing AI research and measurement science efforts and to execute its responsibilities pursuant to Executive Order 14110, “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” Within the funds provided, up to $10,000,000 is available for the establishment of a U.S. AI Safety Institute. (page 12)
National Strategy to Combat Antisemitism.-The agreement directs the Secretary to continue supporting the National Strategy to Combat Antisemitism released on May 25, 2023. (page 28)

Department of Justice

Overall Agreement: For fiscal year 2024, the agreement adopts the language in the joint explanatory statement accompanying Public Law 117-103 on “Office of Legal Counsel (OLC) Opinions.” In lieu of language in the Senate report directing that funding for programs, projects, and activities, across all Department of Justice (DOJ) appropriations accounts, is provided at no less than the fiscal year 2023 enacted levels, the agreement directs the Department to prioritize such programs, projects, and activities to the extent practicable. (pages 28-29)
Protecting Children from Online Predators.-The agreement directs the Department to report to the Committees, within 120 days of the enactment of this act, its recommendations for a coordinated approach between the Department, other government entities, technology companies, and victim service providers to address the rising prevalence of the production and distribution of online child sexual abuse materials (CSAM). Additionally, the agreement encourages the Department to include in the report recommendations on victim-centered policing strategies, a general assessment of the resource needs of the Department and State, local, and Tribal law enforcement partner agencies to identify and rescue victims of CSAM, and recommendations for other strategies and best practices. (page 29)
Combating Domestic Terrorism.-In lieu of Senate report language under this same heading, the agreement directs the Department to brief the Committees, within 90 days of the enactment of this act, on the Department’s assessment and analysis, as previously directed in Senate Report 116-127, under “Combating Domestic Terrorism,” and adopted by Public Law 116-93. (page 29)
Emmett Till Unsolved Civil Rights Crimes Act.-The agreement directs that the Department provide up to $14,500,000 for Emmett Till Act activities, including up to $10,000,000 for the FBI and the Civil Rights Division’s Cold Case Initiative; up to $1,500,000 for Community Relations Service to partner with law enforcement agencies and communities to help resolve conflicts resulting from the investigation of unsolved civil rights era cases; and $3,000,000 for grants to State and local law enforcement agencies for the use of modem DNA and forensic tools to aid civil rights era cold case investigations. (page 30)
Voting Rights and Election Administrator Threats.-The agreement encourages the Department to devote appropriate resources to investigate credible threats made against individuals associated with the electoral process, such as election administrators, and encourages the Department to make all policies and procedures related to the rights and protections offered to such individuals publicly available on its website. The agreement further encourages the Attorney General to provide appropriate resources to ensure voting rights are protected, pursuant to the U.S. Constitution, Federal law, and proper adherence to the precedents of the U.S. Supreme Court. (pages 31-32)
Analysis of Digital Evidence.-The agreement adopts the directive under this heading in the Senate report, and further directs the Department to brief the Committees, no later than 90 days after the enactment of this act, regarding the use of evidence from digital devices in the course of its investigations. (page 32)
Update on Required Agency Research.-Consistent with the directive contained under this heading in House Report 117-395, as adopted by Public Law 117-328, the agreement directs the Department to update the Committees on the progress toward expanded researcher access to samples and strains of marijuana for scientific research on marijuana-impaired driving. The agreement expects the Department to provide the briefing to the Committees, no later than 60 days after the enactment of this act, and in advance of the publication o f the report, and recommendations required by Public Law 117-58. (page 32)
Federal Law Enforcement Operations in the US. Caribbean.-The agreement acknowledges the elevated homicide rates in Puerto Rico and the U.S. Virgin Islands, and the link of such crimes to illegal narcotics trafficking in the region. The agreement expects the Department and the Organized Crime Drug Enforcement Task Forces (OCDETF) to continue prioritizing resources and joint operations to dismantle and prosecute drug trafficking and money laundering organizations in the region, including through the Caribbean Corridor Strike Force. (page 32)
Blockchain Analysis Tools.-In an effort to reduce crimes involving the illicit use of cryptocurrency, the agreement encourages the Department to acquire blockchain analysis tools, attributed blockchain data, training on cryptocurrency-related investigations, and cryptocurrency- related investigative and analytical support. The agreement directs the Department, including the FBI, the United States Marshals Services, and the Asset Forfeiture Program, to provide a briefing on its cryptocurrency-related activities within 90 days of the enactment of this act. (page 33)
Countering Antisemitism.-The Department is directed to report, within 60 days of the enactment of this act, its plans to implement the National Strategy to Counter Antisemitism released May 25, 2023. (page 33)
Department of Justice Firearms and Ammunition.-The agreement directs the Government Accountability Office to update its 2018 report “Purchases and Inventory Controls of Firearms, Ammunition, and Tactical Equipment” (GA0-19-175), as it pertains to the Department. (page 33)
Savanna’s Act.-The agreement directs the Department to provide recommendations on how data collection on missing or murdered Indigenous people can be improved, consistent with Savanna’s Act (Public Law 116-165), and, within 90 days of enactment of this act, directs the Department to brief the Committees on its progress in implementing this legislation. (pages 33-34)
State Regulatory Frameworks.-The agreement urges the Department, in coordination with the Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau, and other agencies which may have relevant regulatory expertise, to coordinate an assessment of the adequacy of State marijuana regulatory frameworks, including commonalities and novel approaches to enforcement and oversight. (page 34)
Recorded Law Enforcement Interviews.-The agreement directs the Department to submit a report to the Committees, within 90 days of the enactment of this act, on the feasibility of implementing procedures and protocols for conducting recorded interviews using electronic audio and video recording equipment of a target, subject, witness, or victim in connection with an investigation of a Federal offense, or an investigation in which a Department component is assisting a state, local or Tribal law enforcement agency. The report shall be specific to each of the Department’s Federal law enforcement components in terms of types of investigations, interviewee notifications and consent requirements, and exceptions required for those investigations, including when audio- or video-recorded interviews are not practicable, would interfere with the conduct of the investigation, or would compromise the life or safety of the interviewee. Finally, the agreement directs the Department to include in the report cost estimates and timelines associated with implementation, including equipment and data storage. (page 34)
DOJ Grants Oversight.-The agreement directs the Department to provide, in the fiscal year 2024 spend plan submitted pursuant to section 528 of this act, a clear explanation of how each solicitation for funds reserved under section 506(b)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10157) the requirement that such funds be us “to combat, address, or otherwise respond to precipitous or extraordinary increases in crime, or in a type or types of crime.” (page 35)
District of Columbia Resources.-The agreement directs the Department to submit to the Committees, within 90 days of enactment of this act, a report on the Department’s investments in addressing increased crime in the District of Columbia, as announced by the Department in January 2024. The report should include data over the last five fiscal years regarding prosecution rates for the offenses of homicide, rape, robbery, aggravated assault, burglary, larceny, motor vehicle theft, carjackings, and arson in the District of Columbia. (page 35)
Community Relations Service: The agreement includes $24,000,000 for the Community Relations Service. (page 39)
Asset Forfeiture Funding: The agreement includes $20,514,000 for the Assets Forfeiture Fund. (page 39)
USMS: The agreement includes $1,692,000,000 for the salaries and expenses of the United States Marshals Service (USMS). (page 39)
International Megan ‘s Law.-Within the funding provided, the agreement supports the enforcement of laws relating to international travel of sex offenders, including through the Angel Watch Center. (page 39)
Judicial Security and Protective Operations.-The agreement acknowledges USMS’ important responsibility to protect the life and safety of Federal judges, their families, and Federal judiciary employees. The agreement directs the USMS to fully enforce all applicable laws to provide for the appropriate protection of the Federal judiciary. Within the funds provided, the agreement expects the USMS to dedicate the requisite resources for this protection mission. The agreement further supports USMS implementation of its responsibilities described in section 5936(b) of the Daniel Anderl Judicial Security and Privacy Act of 2022 (Public Law 117-263), within funds provided. (pages 39-40)
Regional Fugitive Task Forces (RFTF).-The agreement directs the USMS to submit an updated report on the expansion of the RFTF program. In contemplating the establishment of new RFTFs, the USMS is encouraged to give consideration to regions of the United States that are not currently served by a RFTF including the Midwest and New England. (page 40)
INTERAGENCY LAW ENFORCEMENT ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES: The agreement includes $547,000,000 for the Organized Crime Drug Enforcement Task Forces. (page 40)
FBI: The agreement includes $10,643,713,000 for the salaries and expenses of the Federal Bureau of Investigation (FBI). (page 41)
Field Integration Study.-The agreement directs the FBI to conduct a study and provide a report to the Committees, no later than 270 days after the enactment of this act, on the feasibility of expanding the FBI operations in regional offices around the country. Such study should also examine the existing resources and infrastructure of FBI facilities with the capacity for expansion throughout the United States. The agreement directs the FBI to include in the report an assessment of the utility and costs associated with such expansions of resources and personnel. (page 41)
National Instant Criminal Background Check System.-Within the amounts provided, the agreement expects the FBI to allocate the full amount of resources necessary for all statutorily required firearm background checks through its National Instant Criminal Background Check System (NICS). (page 41)
Network Investigative Techniques.-The agreement directs the FBI to provide the Committees, not later than 90 days after the date of the enactment of this act, a classified briefing that addresses the following matters, over the last three fiscal years: (1) the number of operations in which the FBI has used network investigative techniques; (2) the number of such instances that were court-authorized; (3) the number of such instances that were authorized by the Foreign Intelligence Surveillance Court; and (4) the number of individuals, devices, and accounts that were searched remotely by the FBI. (page 41)
Targeting Fentanyl.-The agreement directs the FBI, within funds provided, to allocate the maximum amount of available resources, as practicable, to support a comprehensive, multi- pronged criminal enterprise strategy to target fentanyl and opioid trafficking on Darknet and Cleamet, enhance intelligence and anti-money laundering activities, and support investigations that focus on identifying, targeting, disrupting, degrading, and dismantling transnational criminal organizations (TCOs). (page 41)
TCOs and Counternarcotics Investigations.-The agreement urges the FBI to continue its efforts to address TCOs and counternarcotics investigations in Central America. (page 41)
Child Exploitation and Trafficking.-The agreement acknowledges the increased use of digital services for child exploitation and trafficking. The agreement encourages the FBI to consider using a biometric identification system to bridge current information gaps and enhance investigation efforts within the FBI, through the procurement of a software-related database to share information across law enforcement agencies. The system should create a standardized vetting process and provide data visualization tools to help expedite and recover victims of exploitation. (page 42)
Terrorist Explosive Device Analytical Center (TEDAC) and Hazardous Device School (HDS).-The agreement provides up to the fiscal year 2023 enacted levels for TEDAC and HOS. (page 42)
National Bioforensic Analysis Center (NBFAC).-The agreement provides up to $21,840,000 for the FBI’s role at the NBFAC. (page 42)
Combatting Modern Slavery and Human Trafficking.-The agreement directs the FBI to allocate additional staff dedicated to human trafficking at its field offices with the largest geographic areas of responsibility. (page 42)
DEA: The agreement includes a direct appropriation of $2,567,000,000 for the salaries and expenses of the Drug Enforcement Administration (DEA). In addition, DEA expects to derive $620,000,000 from fees deposited in the Diversion Control Fee Account to carry out the Diversion Control Program, resulting in $3,187,000,000 in total spending authority. (page 42)
Digital Evidence to Combat the Fentanyl Crisis.-The agreement urges DEA to establish and formalize a tiered digital evidence enterprise program. The agreement directs DEA to report to the Committees on the cost of establishing and formalizing a tiered digital evidence program encompassing the entire digital evidence workflow in which DEA personnel would uniformly deploy digital evidence technical capabilities and training across all 23 DEA divisions. The agreement further directs DEA to report to the Committees on its strategic plan on the utilization of established internationally and nationally recognized training programs and policy and procedures development utilizing already established national best practices. Finally, the agreement directs the DEA to report its strategic plan on its current state and future state partnerships with state and local digital laboratories and to develop a collaborative and comprehensive best practices document. (pages 42-43)
Opioid Takeback Programs.-The agreement encourages DEA to consider updating regulations within its jurisdiction to enhance and expand opioid takeback programs, thereby improving the options for safely disposing unused opioid medications. (page 43)
ATF: The agreement includes $1,625,000,000 for the salaries and expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). (page 43)
Electronic Forms (“eForms ”) Application Process.-The agreement strongly urges ATF to provide a mechanism for allowing eForms applicants to correct mistakes without having to resubmit their application. (page 43)
National Firearms Act Application Processing Times.-The agreement directs ATF and the FBI to continue collaboration to improve the process for consideration of applications to address ongoing delays in application processing times. (page 43)
National Integrated Ballistic Information Network (NIBIN).-The agreement directs the continued expansion of NIBIN, including additional entry stations, additional law enforcement coordination, expanded training and technology investments to Tribal law enforcement, within funds provided. The agreement directs that ATF examine ways to expand access to NIBIN to state and local agencies in the New England and southwest border regions. (page 44)
Enhancing Capacity of Ballistic Matches.-Within the funds provided, the agreement encourages ATF to prioritize the development and implementation of technologies that enhance the efficiency and accuracy of ballistics imaging triage, reduce turnaround times for analysis of ballistics evidence, and improve the sharing of information and data among law enforcement agencies. ATF is further encouraged to prioritize the implementation of currently available technologies that enhance the efficiency and accuracy of bullet imaging comparisons. The agreement encourages ATF to ensure such efforts support NIBIN and Crime Gun Intelligence Center (CGIC) initiatives to address gun violence. The agreement further encourages ATF to coordinate with state and local law enforcement agencies on the adoption of technology that aligns with their needs. Finally, the agreement directs ATF to report to the Committees, no later than one year after the date of the enactment of this act, on the availability and viability of such technology, including by assessing its effectiveness in providing real-time forensic-based intelligence to law enforcement and any challenges associated with its adoption, and any recommendations for improvements. (page 44)
FEDERAL PRISON SYSTEM SALARIES AND EXPENSES: The agreement includes $8,392,588,000 for the salaries and expenses of the Federal Prison System. Of the amount made available under this heading, no less than the fiscal year 2023 level shall be used for land mobile radio (LMR) communication and video security upgrades. (page 44)
Hiring and Vacancies.-The agreement adopts the directive in the Senate report on “Hiring and Staff Reports.” In addition, the agreement directs the Department to coordinate with the Office of Personnel Management (OPM) to enable expedited hiring for BOP facilities with vacancy rates exceeding 10 percent and to make use of recruitment and retention bonuses. (page 45)
Restrictive Housing.-The agreement encourages BOP to significantly reduce the number of Federal inmates in restricted housing, including by opening transition units and other specialized units for populations often sent to restricted housing, and by working with regional directors and wardens to address the widespread reliance on restricted housing. (page 46)
Open GAO Recommendations.-The agreement directs BOP to provide to the Committees, no later than 180 days after the enactment of this act, a report that: (1) identifies all BOP-related recommendations issued by the GAO over the last ten fiscal years that remain open; and (2) describes the steps BOP is taking to implement all recommended actions and close out each open recommendation. (page 46)
Camera and Radio Systems in Federal Prison Facilities.-The agreement directs BOP to submit, no later than 90 days after the enactment of this act, a three-year plan to upgrade its security camera, LMR communication, and public address (PA) systems at all BOP correctional facilities. Such plan should address current system deficiencies, including a lack of functioning systems, blind spots, or radios lacking a “man down” function; the need for, and cost of, planned system maintenance and upgrades, including analog-to-digital system conversion; needed upgrades to ensure storage, logging, preservation, and accessibility of records for investigators or courts; and any other enterprise-wide considerations for such technologies and systems. Additionally, the agreement directs BOP to incorporate into the plan a cost projection and prioritization of facilities for security camera, LMR, and PA system upgrades. (page 46)
Government Identification.-The agreement directs the BOP to identify key stakeholders and leverage their expertise to help ensure that BOP maximizes the potential uses of the new Federal ID card. Further, the agreement directs BOP to provide a report, no later than 180 days after the enactment of this act, on its efforts to leverage stakeholder expertise to ensure the rollout of the new Federal ID card is successful.
Healthcare Reentry.-The agreement directs BOP to conduct a comprehensive assessment of the effectiveness of BOP’s policies and procedures for facilitating enrollment in Medicaid or other health care coverage for inmates nearing reentry, and for helping to ensure continuity of care upon release from BOP custody. The agreement directs BOP to report on these efforts no later than 90 days after the enactment of this act. The agreement further directs BOP to assess the effectiveness of Federal prison healthcare, including any targeted assistance for facilitating enrollment in Medicaid or other health coverage for inmates nearing reentry. The agreement also encourages BOP to establish a communication or coordination mechanism with state Medicaid agencies, or the Centers for Medicare & Medicaid Services, to facilitate the application and enrollment process for individuals leaving incarceration. (pages 46-47)
Social Workers.-The agreement encourages BOP to establish procedures to improve the staffing levels for social workers, including by working with OPM. (page 47)
Staffing Shortages.-The agreement adopts the directive in the Senate report under this same heading. In addition, as part of the report required under such directive, the agreement directs BOP to research the feasibility of a retention incentive, not to exceed 10 percent, for non- supervisory law enforcement employees nearing retirement. (page 47)
Naloxone.-The agreement directs BOP to develop policies and procedures to train all staff in administering naloxone. The agreement further directs BOP to provide a report, no later than 180 days after the enactment of this act, detailing all efforts to train BOP employees to administer naloxone, how many BOP employees carry naloxone, how many times naloxone has been administered in BOP facilities during the previous 12 months, and how many overdoses occurred in BOP facilities during the previous 12 months. (page 47)
Inmate Treatment.-The agreement encourages BOP to make abstinence-based relapse prevention treatment options available to inmates with a history of opioid dependence. (page 47)
Roadmap to Reentry.-The agreement encourages BOP to reestablish the principles identified in the Justice Department’s “Roadmap to Reentry,” and to begin the process of implementing these principles to improve the correctional practices and programs, including providing the following: (1) individualized reentry plans for individuals; (2) access to education, employment training, life skills, substance abuse, mental health, and other programs; (3) resources and opportunities to build and maintain family relationships; (4) individualized continuity of care; and (5) comprehensive reentry-related information and access to resources. (pages 47-48)
Swift-Certain-Fair (SCF) Model in the Federal Prison System.-The agreement encourages the BOP to establish SCF pilot programs in BOP housing units based upon best practices developed by other applicable corrections agencies, and to collect data on the effectiveness of the program. The agreement directs BOP to provide, within 90 days of the enactment of this act, a report evaluating the pilot and making recommendations on its replication. (page 48)
STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES: In total, the agreement includes $4,501,377,000 for state and local law enforcement and crime prevention programs. This amount includes $4,247,377,000 in discretionary budget authority, $80,000,000 derived by transfer from the Crime Victims Fund, and $174,000,000 scored as mandatory for Public Safety Officer Benefits. The Department is directed to submit an annual report on grant programs that have not received a sufficient number of qualified applicants. (page 49)
Bipartisan Safer Communities Act.-In addition to the resources provided in this act, the agreement recognizes that additional funds have been made available to certain grant programs by Public Law 117-159. (page 49)
STOP School Violence Act.-The agreement directs the Department to continue following the directives in the joint explanatory statement accompanying Public Law 117-103 under the heading “STOP School Violence Act.” Additionally, the agreement directs BJA to prioritize mental health crisis intervention, applicants from rural and low-resourced school districts, and applicants incorporating crisis centers and evidence-based trainings for students and staff within their anonymous reporting systems, as permitted under the act. Recognizing that the STOP School Violence Act was enacted in 2018, BJA is directed to report, no later than 180 days after the enactment of this act, on the demographics of recipient schools, strategies employed to reach low- resourced communities (such as microgrants), and efforts to improve technical assistance in support of grantee capacity. (page 49)
Grant Programs Crosswalks.-The Department is directed to provide the Committees, as part of the spend plan submitted pursuant to section 528 of this act, a crosswalk of the Office on Violence Against Women (OVW), Office of Justice Programs (OJP), and Community Oriented Policing Services Office (COPS) grant program solicitations, which includes the same level of information and detail as was provided to the Committee with respect to the solicitations of the Department’s grant program offices in fiscal year 2023.(page 49)
Improving Grant Reporting.-The agreement notes the recent GAO report entitled, “Grants Management: Actions Needed to Improve Agency Reporting of Expired Grants,” and highlights the recommendation that the Department “should resume reporting on undisbursed balances from expired grants in its annual Agency Financial Report or Performance and Accountability Report and annual performance plan,” as required by section 524 of this act. The Department is expected to fulfill this recommendation and to resume reporting this information. (page 49-50)
Tribal Grants and Victim Assistance.-The agreement provides a total of $118,000,000 in discretionary grant funding for Tribes as follows: $50,000,000 within the Office of Justice (OJP) for Tribal assistance; $16,000,000 for a Tribal youth program within the Office ofJuvenile Justice and Delinquency Prevention (OJJDP); $34,000,000 for Tribal resources and $4,000,000 for a Tribal Access Program within the COPS Office; and $11,000,000 for a special domestic violence criminal jurisdiction program and $3,000,000 for a Special Assistant U.S. Attorney on Tribal land program within the OVW. In addition, a total of $67,650,000 is provided to Tribal governments and Tribal coalitions in OVC funding as part of set-asides determined by program statute. For fiscal year 2024, the Department is directed to continue following the directives and reporting requirements in the joint explanatory statement accompanying Public Law 116-260 for “Tribal Grants and Victim Assistance.” (page 50)
Crime Victims Fund.-The agreement allows for obligations of $1,353,000,000 from the Crime Victims Fund, $153,000,000 above the amount requested by the Department for fiscal year 2024. In an effort to appropriately balance support for the breadth of victims and related services, the agreement provides $80,000,000 of this amount to support Violence Against Women Prevention and Prosecution Programs. The agreement underscores this one-time transfer is not intended as a funding mechanism in future years but as a means to provide critical support for victims in the current fiscal environment. (pages 50-51)
Access to Sexual Assault Nurse Exams.-The agreement includes $10,000,000 for grants for regional sexual assault nurse examiner (SANE) training, salaries for SANEs and sexual assault forensic examiners (SAFEs), and technical assistance and resources to increase access to SANEs and SAFEs, as authorized by the Violence Against Women Act of 2022 (division W of Public Law 117-103). OVW is further directed to follow the directives described in the Senate report under the same heading. (page 52)
Sexual Assault Survivors’ Bill of Rights.–The agreement again provides $10,000,000 as part of the STOP grants for the recently enacted Sexual Assault Survivors’ Bill of Rights, a new and consequential grant program that incentivizes states to codify and standardize survivor rights. OVW did not request funding for this new program in fiscal year 2024, and the agreement notes this gap in funding and OVW’s reported challenges in implementing this new program. (page 52)
Suicide Prevention.-The Department is directed to report to the Committees regarding its efforts, in consultation with the Substance Abuse and Mental Health Services Administration, to establish best practices to prevent suicide by survivors of sexual assault, domestic violence, dating violence, and stalking. (page 52)
Research at National Institute of Justice (NIJ).-In addition to $3,500,000 transferred from the OVW for research and evaluation on violence against women and Indian women, the agreement provides $1,500,000 for a study on the current landscape of multidisciplinary teams working on sexual exploitation crimes against children as described in the Senate report under the heading, “Study on Multidisciplinary Teams.” Further, the agreement includes no less than $1,500,000 for NIJ to research forensic science for criminal justice purposes. (page 53)
Bail and Pretrial Release Statistics.-The Bureau of Justice Statistics (BJS) is directed, within 90 days of the enactment of this act to provide a report, if feasible, containing information relating to individuals granted bail and pretrial release that are charged with one or more violent felony offenses. The report shall include data on bail or pretrial release as follows: (1) the number of individuals that are charged with one or more violent felony offenses that are granted bail or pretrial release, (2) the number of individuals who, after being granted bail or pretrial release, are rearrested or charged with an additional violent felony offense, (3) the percentage of individuals granted bail or pretrial release who are charged with a violent felony offense and have a prior arrest or conviction for a violent felony offense, (4) the number of missed court appearances by such individuals charged with a violent felony offense and (5) the classification of the violent felony offenses. In addition, the report shall detail the National Pretrial Reporting Program’s work on this issue and provide an accounting of the amounts spent on this in fiscal year 2023, including transfers. Further, the report shall include information on bail and pretrial release, including any grants or contracts awarded for that purpose, and the amount and purpose of each grant or contract. (pages 53-54)
Forensic Science Operational Needs Assessment.-NIJ shall provide a report to the Committees on the projected workload, backlog, personnel, workforce, resources, necessary turnaround times for law enforcement officers and officers of the court, and equipment needs of forensic science providers and forensic medical service providers, no later than 180 days after the enactment of this act. The report should be conducted in conjunction with the Forensic Laboratory Needs Technology Working Group and the Federal Interagency Medicolegal Death Investigation Working Group. Further, the Department shall consider in its reporting the most recent BJS census reports on publicly funded forensic science service providers, digital forensic science service providers, and medical examiner and coroner offices; the NIJ report entitled, “Report to Congress: Needs Assessment of Forensic Laboratories and Medical Examiner/Coroner Offices” for other relevant studies; and the practical and applied implications of any other scientific reports on forensic science with relevance to the operational, quality management, and practical needs of the forensic science community. (page 54)
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE: The agreement includes $2,475,061,000 for State and Local Law Enforcement Assistance programs. (page 54)
Edward Byrne Memorial Justice Assistance Grant Program.-The Department is directed to continue following the directives in House Report 117-97 adopted by Public Law 117-103 on “Byrne Memorial Justice Assistance Grant (Byrne JAG) Formula program”, and in the joint explanatory statement accompanying Public Law 117-103 on “Uses of Byrne-JAG Funds.” The agreement reinforces that Byrne JAG funds may be used by state, local, and Tribal law enforcement to combat and prevent hate crimes, to hire and train cybercrime personnel, and to train law enforcement and emergency dispatch personnel in cybercrime and encourages the use of these funds to support canine programs. The agreement urges the Department to release JAG funds as expeditiously as possible and clarifies that Byrne JAG funding may not be made available for luxury items, real estate, or construction projects. (page 56)
Medication-assisted Treatment.-The agreement acknowledges concern about the impact of the growing epidemic of opioid and synthetic drug abuse and misuse on the law enforcement community and supports the use of Byrne JAG funds for the implementation of medication- assisted treatment programs to assist individuals in maintaining abstinence from all abused or misused drugs. (page 56)
Forensic Genetic Genealogical (FGG) DNA Analysis.-Within amounts provided for the Office of Justice Programs, the agreement directs the Department to support efforts to use FGG to investigate unsolved violent crimes, without regard to the status of an applicant agency’s sexual assault kit inventory. The Department is directed to track and report regularly on the number of FGG samples analyzed, the types of DNA technology deployed, and the number of perpetrators or human remains identified as a result. Further, the Department is encouraged to fund additional grants for the use of FGG technology under other appropriate programs including, but not limited to, the National Missing and Unidentified Persons System (NamUs) program. (pages 56-57)
Body-worn Camera Policy and Implementation Program.-The agreement encourages the Department to prioritize body-worn camera grant funding for agencies serving jurisdictions with populations of less than 50,000. (page 57)
Rapid DNA at Booking Stations.-The agreement recognizes that the implementation of booking station Rapid DNA programs are an eligible use of Byrne JAG and SAKI funds and strongly supports the allocation of funds for this purpose within the funds provided and at a level not less than fiscal year 2023. The agreement directs the Department to assist with the initial costs associated with updating criminal history systems, integration with booking station systems, and purchasing new technologies associated with Rapid DNA. (page 57)
Prescription Drug Monitoring Programs.-The agreement strongly supports the goals of the Harold Rogers Prescription Drug Monitoring Program and is concerned that a recent BJA reinterpretation of grant rules has effectively prohibited states from using POMP grant funding to operate their PDMPs by requiring states to connect to a specific data hub solution in order to receive funding. The agreement notes that this is not consistent with allowing states to choose and operate the POMP and data sharing hubs of their choice and directs BJA to allow states to utilize POMP grant funding from the Harold Rogers Prescription Drug Monitoring Program to finance the POMP of their choice and to connect to the interstate data exchange hub of their choice. (page 57)
Mentally 1ll Offender Act.-The Department is encouraged to prioritize Mentally Ill Offender Act grant funds for the operational expenses of mental health centers that assist those with severe mental health needs who are at risk of recidivism, such as crisis care, residential treatment, outpatient mental health and primary care services, and community re-entry support, and supports funding levels for grants be commensurate with demonstrated community needs. (page 57)
De-escalation Technology.-The agreement supports the advancement of de-escalation technology that can better equip law enforcement officers to utilize less-than-lethal force in appropriate circumstances. (page 57)
Drug Court Grants.– When administering drug court grants, the Department is encouraged to prioritize grants in rural and low-income areas with high rates of substance abuse and the Department is directed to submit a report, no later than 90 days after the enactment of this act, on the distribution of drug court grants authorized by Public Law 114-198, and that details the number of applications for awards, the grantees, and the funding levels of awards from fiscal years 2019 to 2024. (pages 57-58)
Addressing Data Gaps on Missing and Murdered Indigenous Women and Girls.-The agreement directs the Department, in collaboration with relevant Federal agencies, to report to the Committees, no later than 90 days after the enactment of this act, on a plan to update publicly available data on the crisis of missing and murdered Indigenous women and girls, the steps taken to implement ongoing analyses of relevant data, as well as education and outreach to improve future data. The agreement further directs the Department to, no later than 120 days after the enactment of this act, issue a public report and analysis of up-to-date data on missing and murdered Indigenous women and girls. (page 58)
Justice Reinvestment Initiative.-The agreement provides $32,000,000 for the Justice Reinvestment Initiative (JRI) and notes that OJP does not plan to support a program that promotes the closing or repurposing of youth detention facilities in fiscal year 2024. The agreement emphasizes that the Department should clearly detail how grant funds are being used in its spend plan prior to allocation, including JRI funds, and notify the Committees within 30 days of any intention to deviate from the previously proposed spend plan. (page 58)
Comprehensive Opioid, Stimulant, and Substance Use Program (COSSUP).-The agreement provides $10,000,000 within COSSUP for grants to local nonprofits preventing substance use and misuse. BJA shall provide awards to local nonprofits working with law enforcement and community coalitions to educate youth in schools and in extracurricular programing on drug prevention. The agreement further directs the Department to prioritize nonprofit organizations with comprehensive approaches to combatting substance use, including investigations, treatment, and education. (page 58)
Daniel Anderl Act.-The agreement directs OJP to begin the implementation of the grant program described in section 5934(c) of the Daniel Anderl Judicial Security and Privacy Act of 2022 (Public Law 117-263). The agreement further directs OJP to submit a report, within 180 days of the enactment of this act, on its progress in implementing this program. (page 58)
Presidential Nominating Conventions.-The agreement includes a total of $150,000,000 for host cities of the 2024 presidential nominating conventions by providing $125,000,000 within Byrne JAG and an additional $25,000,000 from the unobligated balances in the Presidential Election Campaign Fund established by section 9006(a) of title 26, United States Code. (page 58-59)
Byrne Discretionary Community Project Grants/Byrne Discretionary Grants (“projects”).-The agreement provides $350,028,000 for projects to prevent crime, improve the criminal justice system, provide victim services, and for other related activities. (page 59)
JUVENILE JUSTICE PROGRAMS: The agreement includes $375,000,000 for Juvenile Justice programs. (page 59)
Internet Crimes Against Children (ICAC) Task Forces.-The agreement supports the ICAC program and encourages the Department to prioritize proactive investigations of suspects possessing, distributing, or producing violent child sexual abuse imagery. (page 59)
Preventing Trafficking of Girls.-The agreement encourages the Department to make grants to nonprofits and other non-governmental entities that have undergone rigorous evaluation and have a successful track record of administering research-based prevention and early intervention programs for girls who are vulnerable to trafficking, at a state level, and to scale up and replicate these programs. (page 59)
PUBLIC SAFETY OFFICER BENEFITS The agreement includes $208,800,000 for the Public Safety Officer Benefits program for fiscal year 2024. (page 60)
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS: The agreement includes $664,516,000 for Community Oriented Policing Services (COPS). (page 60)
Additional Technical Assistance.-The Committee urges the COPS Office to provide increased technical assistance to applicants who have not previously received COPS grants or otherwise indicated that they are newly community-oriented policing programs (page 60)
Community Oriented Policing Services, Technology and Equipment Community Projects/COPS Law Enforcement Technology and Equipment (“projects”).-The agreement provides $247,347,161 for grants to state, local, Tribal, territorial, and other entities to develop and acquire effective equipment, technologies, and interoperable communications that assist in responding to and preventing crime. The agreement notes that the projects included in this statement should help improve police effectiveness and the flow of information among law enforcement agencies, local government service providers, and the communities they serve. Equipment funded under this program should meet any applicable requirements of the National Institute of Standards and Technology’s Office of Law Enforcement Standards.
GENERAL PROVISIONS-DEPARTMENT OF JUSTICE
- Section 215 prohibits funds, other than funds for the national instant criminal background check system established under the Brady Handgun Violence Prevention Act, from being used to facilitate the transfer of an operable firearm to a known or suspected agent of a drug cartel where law enforcement personnel do not continuously monitor or control such firearm. (page 62)
- Section 218 establishes reporting requirements for the Department’s Crime Victims Fund, the Working Capital Fund, the Three Percent Fund, and the Asset Forfeiture Fund. (page 62)

RELATED AGENCIES

COMMISSION ON CIVIL RIGHTS SALARIES AND EXPENSES: The agreement includes $14,350,000 for the Commission on Civil Rights. (page 80)
STATE JUSTICE INSTITUTE SALARIES AND EXPENSES: The agreement includes $7,640,000 for the State Justice Institute. (page 82)

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