S.22: Justice Enhancement and Domestic Security Act of 2003

S.22: Justice Enhancement and Domestic Security Act of 2003 was an omnibus homeland security and domestic crime bill introduced in the Senate by Senator Tom Daschle (D-SD) on January 7, 2003. Intended as a comprehensive crime bill, it built upon prior Democratic crime initiatives, including the landmark Violent Crime Control and Law Enforcement Act of 1994. S.22 was one of five separate Homeland Security (see Department of Homeland Security) bills that were introduced to the Senate on January 7, 2003.

S:22 was referred to the judiciary committee and never became law in its entirety. However, sections of the omnibus S:22 were enacted individually, including S. 151: Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003 (became Public Law No: 108-21 on Apr 30, 2003); H.R. 5107: Justice for All Act of 2004 (became Public Law No: 108-405 on Oct 30, 2004); S. 459: Hometown Heroes Survivors Benefits Act of 2003 (became Public Law No: 108-182 on Dec 15, 2003); H.R. 2517: Protecting Our Children Comes First Act of 2007 (became Public Law No: 110-240 on Jun 3, 2008).

In the 111th Congress, three bills related to S:22 have been introduced:

S. 2820: Preserving Records of Terrorist & Criminal Transactions Act of 2009-- A bill to prevent the destruction of terrorist and criminal national instant criminal background check system records. Introduced December 1, 2009 by Sen. Frank Lautenberg (D-NJ).

H.R. 220: Identity Theft Prevention Act of 2009-- To amend title II of the Social Security Act and the Internal Revenue Code of 1986 to protect the integrity and confidentiality of Social Security account numbers issued under such title, to prohibit the establishment in the Federal Government of any uniform national identifying number, and to prohibit Federal agencies from imposing standards for identification of individuals on other agencies or persons. Introduced January 6, 2009 by Rep. Ron Paul (R-TX).

H.R. 2585: PROTECT Act-- To delay any presumption of death in connection with the kidnapping in Iraq or Afghanistan of a retired member of the Armed Forces to ensure the continued payment of the member's retired pay. Introduced June 8, 2009 by Rep. Paul Broun [R-GA]

Context and Outcome

This bill never became law in its entirety. After being introduced on January 7, 2003, the bill was read twice and referred to the Committee on the Judiciary.

Read the full DRAFT copy of S.22: Justice Enhancement and Domestic Security Act of 2003 dated January 7, 2003, here, or here.

At the time of the bill's introduction, there was a great deal of concern about its secrecy. For example, the Armed Females of America web site[1] states "there is a great degree of confusion regarding that which is now recognized as the 'Patriot Act II' - properly named the Domestic Security Enhancement Act of 2003 - which for all intents and purposes is still secret - and S.22: Justice Enhancement and Domestic Security Act of 2003 - while also somewhat secret - is more well known at this time. The first document totals 120 pages, while the second (which covers a wider range of subject matter) is 486 pages in length."

Patriot Act II, otherwise known by its formal name the Domestic Security Enhancement Act of 2003, remained in DRAFT form and was never introduced in neither the House nor the Senate.

Co-Sponsors of S.22

The co-sponsors of S. 22 were Senators Joseph R. Biden, Jr. (DE); Barbara Boxer (CA); Hillary Rodham Clinton (NY); Jon S. Corzine (NJ); Mark Dayton (MN); Richard J. Durbin (IL); Edward M. Kennedy (MA); Patrick J. Leahy (VT); Barbara A. Mikulski (MD); Patty Murray (WA); John F. Reed (RI); Paul S. Sarbanes (MD); and Charles E. Schumer (NY).

Justice Enhancement and Domestic Security Act of 2003 - Short Titles

Innocence Protection Act of 2003; Prosecutorial Remedies and Tools Against the Exploitation of Children Today Act of 2003; National AMBER Alert Network Act of 2003; Anti Terrorist Hoax and False Report Act of 2003; Military Tribunal Authorization Act of 2003; Safe Borders Act of 2003; First Responders Partnership Grant Act of 2003; Say No to Drugs Community Centers Act of 2003; BLAST Act; Ballistics, Law Assistance, and Safety Technology Act of 2003; Our Lady of Peace Act of 2003; DNA Sexual Assault Justice Act of 2003; Anti-Atrocity Alien Deportation Act of 2003; Identity Theft Prevention Act of 2003; Social Security Number Misuse Prevention Act of 2003; Crime Victims Assistance Act of 2003; Providing Reliable Officers, Technology, Education, Community Prosecutors and Training in Our Neighborhoods Act of 2003; Identity Theft Victims Assistance Act of 2003; Seniors Safety Act of 2003; Protecting Our Children Comes First Act of 2003; National Child Protection and Volunteers for Children Improvement Act of 2003; Federal Bureau of Investigation Reform Act of 2003; Federal Prosecutors Retirement Benefit Equity Act of 2003; Hometown Heroes Survivors Benefits Act of 2003; and PROTECT Act

Bill Summary

Justice Enhancement and Domestic Security Act of 2003 - Incorporates provisions entitled as follows: (1) the First Responders Partnership Grant Act of 2003 (authorizes grants to support public safety officers in efforts to protect homeland security and prevent and respond to acts of terrorism); (2) the Safe Borders Act of 2003 (authorizes appropriations for hiring additional Immigration and Naturalization Service personnel and for border security protection technology); (3) the Military Tribunal Authorization Act of 2003 (authorizes the President to establish tribunals for the trial of suspected terrorists and individuals who aid or abet terrorists); (4) the Anti-Terrorist Hoax and False Report Act of 2003; (5) the National AMBER Alert Network Act of 2003 (requires the Attorney General to assign an AMBER Alert Coordinator of the Department of Justice (DOJ) to act as a national coordinator of the AMBER Alert communications network); (6) the Prosecutorial Remedies and Tools Against the Exploitation of Children Today Act of 2003; (7) the Protecting Our Children Comes First Act of 2003 (reauthorizes and increases funding for the National Center for Missing and Exploited Children); (8) the National Child Protection and Volunteers for Children Improvement Act of 2003; (9) the Seniors Safety Act of 2003 (includes provisions regarding crimes against seniors, health care and pension fraud, telemarketing fraud, violations of nursing home rules and regulations, and restitution of elderly crime victims); (10) the Identity Theft Victims Assistance Act of 2003; (11) the Identity Theft Prevention Act of 2003; (12) the Social Security Number Misuse Prevention Act of 2003; (13) the Crime Victims Assistance Act of 2003 (requires a responsible official to arrange reasonable protection of a victim from a suspected offender and sets forth consultation and participatory rights of a victim at detention hearings, trials, and sentencing proceedings); (14) the Providing Reliable Officers, Technology, Education, Community Prosecutors, and Training in Our Neighborhoods Act of 2003 (PROTECTION Act); (15) the Hometown Heroes Survivors Benefits Act of 2003; (16) the Federal Prosecutors Retirement Benefit Equity Act of 2003; (17) the Federal Bureau of Investigation Reform Act of 2003 (revises whistle blower protections); (18) the DNA Sexual Assault Justice Act of 2003 (provides for a recommended national protocol on collecting and processing DNA evidence at crime scenes); (19) the Say No to Drugs Community Centers Act of 2003; (20) the Our Lady of Peace Act of 2003 (revises requirements and provides grants for firearms eligibility determination information and technology); (21) the Ballistics, Law Assistance, and Safety Technology Act of 2003 (BLAST Act) (sets forth firearms ballistics testing and record keeping requirements); (22) the Innocence Protection Act of 2003 (sets forth procedures governing DNA testing of a person convicted of a Federal crime and provides grants for legal representation provided to indigent defendants in State capital cases); and (23) the Anti-Atrocity Alien Deportation Act of 2003 (provides for the inadmissibility and deportability of aliens who have committed acts of torture or extrajudicial killings abroad).

Provides for establishment of: (1) a Rural Policing Institute; (2) a protective function privilege with respect to testimony by Secret Service personnel; (3) the Office of Special Investigations within DOJ to investigate and take legal action to denaturalize certain aliens; and (4) the Advisory Committee on Cargo Theft..

Provides for grants for: (1) treatment facilities in rural States and economically depressed communities, residential treatment centers for drug-addicted women with minor children, and residential and outpatient substance abuse treatment programs for juveniles; (2) drug treatment alternative to prison programs; and (3) community-based justice programs for the prosecution of firearm-related crimes (Project Exile).

External links

• What's Next? Thought Police?, Brenda Stardom.com, Portugal, February 10, 2003.
• Wiretaps and Cybersecurity Legislation. Re S.22: Provides a legislative foundation for military tribunals to try the terrorists responsible for September 11; reforms FBI whistleblower policies to help protect security; sets penalties for terrorism-related hoaxes. Center for Democracy and Technology, March 19, 2003.
• RAVE Act Re-Introduced/Take Action! EM:DEF, no date.
• Comment on S.22 from the Democratic Policy Committee, Senator Byron Dorgan, Chairman.