[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3036 Referred in Senate (RFS)]
2d Session
H. R. 3036
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 31, 2004
Received; read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
To authorize appropriations for the Department of Justice for fiscal
years 2004 through 2006, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Department of
Justice Appropriations Authorization Act, Fiscal Years 2004 through
2006''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Authorization of appropriations for fiscal year 2004.
Sec. 102. Authorization of appropriations for fiscal year 2005.
Sec. 103. Authorization of appropriations for fiscal year 2006.
TITLE II--IMPROVING THE DEPARTMENT OF JUSTICE'S GRANT PROGRAMS
Subtitle A--Assisting Law Enforcement and Criminal Justice Agencies
Sec. 201. Merger of Byrne grant program and Local Law Enforcement Block
Grant program.
Sec. 202. Clarification of number of recipients who may be selected in
a given year to receive Public Safety
Officer Medal of Valor.
Sec. 203. Congressional medal and plaque for public safety officers who
responded to the attacks on the United
States on September 11, 2001.
Sec. 204. Clarification of official to be consulted by Attorney General
in considering application for emergency
Federal law enforcement assistance.
Sec. 205. Clarification of uses for regional information sharing system
grants.
Sec. 206. Integrity and enhancement of national criminal record
databases.
Sec. 207. Extension of matching grant program for law enforcement armor
vests.
Subtitle B--Building Community Capacity to Prevent, Reduce, and Control
Crime
Sec. 211. Office of Weed and Seed Strategies.
Subtitle C--Assisting Victims of Crime
Sec. 221. Grants to local nonprofit organizations to improve outreach
services to victims of crime.
Sec. 222. Clarification and enhancement of certain authorities relating
to Crime Victims Fund.
Sec. 223. Amounts received under crime victim grants may be used by
State for training purposes.
Sec. 224. Clarification of authorities relating to Violence Against
Women formula and discretionary grant
programs.
Sec. 225. Expansion of grant programs assisting enforcement of domestic
violence cases to also assist enforcement
of sexual assault cases.
Sec. 226. Change of certain reports from annual to biennial.
Sec. 227. Clarification of recipients and programs eligible for grants
under Rural Domestic Violence and Child
Abuse Enforcement Assistance program.
Subtitle D--Preventing Crime
Sec. 231. Clarification of definition of violent offender for purposes
of juvenile drug courts.
Sec. 232. Changes to distribution and allocation of grants for drug
courts.
Sec. 233. Eligibility for grants under drug court grants program
extended to courts that supervise non-
offenders with substance abuse problems.
Sec. 234. Term of Residential Substance Abuse Treatment program for
local facilities.
Subtitle E--Other Matters
Sec. 241. Changes to certain financial authorities.
Sec. 242. Coordination duties of Assistant Attorney General.
Sec. 243. Simplification of compliance deadlines under sex-offender
registration laws.
Sec. 244. Repeal of certain programs.
Sec. 245. Elimination of certain notice and hearing requirements.
Sec. 246. Amended definitions for purposes of Omnibus Crime Control and
Safe Streets Act of 1968.
Sec. 247. Clarification of authority to pay subsistence payments to
prisoners for health care items and
services.
Sec. 248. Office of Audit, Assessment, and Management.
Sec. 249. Community Capacity Development Office.
Sec. 250. Office of Applied Law Enforcement Technology.
Sec. 251. Availability of funds for grants.
Sec. 252. Consolidation of financial management systems of Office of
Justice Programs.
Sec. 253. Authorization and change of COPS program to single grant
program.
Sec. 254. Clarification of persons eligible for benefits under Public
Safety Officers' Death Benefits programs.
Sec. 255. Research-based bullying prevention programs.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Technical amendments relating to Public Law 107-56.
Sec. 302. Miscellaneous technical amendments.
Sec. 303. Minor substantive amendment relating to contents of FBI
annual report.
Sec. 304. Use of Federal training facilities.
Sec. 305. Privacy officer.
Sec. 306. Bankruptcy crimes.
Sec. 307. Report to Congress on status of United States persons or
residents detained on suspicion of
terrorism.
Sec. 308. Technical correction relating to definition used in
``terrorism transcending national
boundaries'' statute.
Sec. 309. Increased penalties and expanded jurisdiction for sexual
abuse offenses in correctional facilities.
Sec. 310. Expanded jurisdiction for contraband offenses in correctional
facilities.
Sec. 311. Magistrate judge's authority to continue preliminary hearing.
Sec. 312. Recognizing the 40th anniversary of the founding of the
Lawyers' Committee for Civil Rights Under
Law and supporting the designation of an
Equal Justice Day.
TITLE IV--KOBY MANDELL ACT
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Establishment of an Office in the Department of Justice to
undertake specific steps to facilitate the
capture of terrorists who have harmed
American citizens overseas and to ensure
that all American victims of overseas
terrorism are treated equally.
Sec. 404. Authorization of appropriations.
TITLE V--MATTERS RELATING TO INTELLIGENCE AND COUNTERINTELLIGENCE
Sec. 501. FBI Office of Counterintelligence.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2004.
There are authorized to be appropriated for fiscal year 2004, to
carry out the activities of the Department of Justice (including any
bureau, office, board, division, commission, subdivision, unit, or
other component thereof), the following sums:
(1) General administration.--For General Administration:
$133,772,000.
(2) Administrative review and appeals.--For Administrative
Review and Appeals: $197,420,000 for administration of pardon
and clemency petitions and for immigration-related activities.
(3) Office of inspector general.--For the Office of
Inspector General: $70,000,000, which shall include not to
exceed $10,000 to meet unforeseen emergencies of a confidential
character.
(4) General legal activities.--For General Legal
Activities: $665,346,000, which shall include--
(A) not less than $4,000,000 for the investigation
and prosecution of denaturalization and deportation
cases involving alleged Nazi war criminals;
(B) not to exceed $20,000 to meet unforeseen
emergencies of a confidential character; and
(C) such sums as may be necessary for
administrative expenses in accordance with the
Radiation Exposure Compensation Act.
(5) Antitrust division.--For the Antitrust Division:
$141,898,000.
(6) United states attorneys.--For United States Attorneys:
$1,556,784,000, which shall include not less than $10,000,000
for the investigation and prosecution of intellectual property
crimes, including software counterfeiting crimes, crimes
identified in the No Electronic Theft (NET) Act (Public Law
105-147), and violations of laws prohibiting unsolicited
commercial e-mail: Provided, That such amounts in the
appropriations account ``General Legal Services'' as may be
expended for such investigations or prosecutions shall count
towards this minimum as though expended from this
appropriations account.
(7) Federal bureau of investigation.--For the Federal
Bureau of Investigation: $4,639,569,000, which shall include--
(A) not to exceed $11,174,000 for construction, to
remain available until expended;
(B) not to exceed $70,000 to meet unforeseen
emergencies of a confidential character; and
(C) such sums as may be necessary to assign
employees to the Terrorism Threat Integration Center:
Provided, That such amounts may only be expended for
analyzing intelligence information.
(8) United states marshals service.--For the United States
Marshals Service: $733,843,000, which shall include not to
exceed $14,066,000 for construction, to remain available until
expended.
(9) Federal prison system.--For the Federal Prison System,
including the National Institute of Corrections:
$4,677,214,000.
(10) Drug enforcement administration.--For the Drug
Enforcement Administration: $1,601,327,000, which shall include
not to exceed $70,000 to meet unforeseen emergencies of a
confidential character.
(11) Bureau of alcohol, tobacco, firearms and explosives.--
For the Bureau of Alcohol, Tobacco, Firearms and Explosives:
$851,987,000.
(12) Fees and expenses of witnesses.--For Fees and Expenses
of Witnesses: $156,145,000 to remain available until expended,
which shall include not to exceed $6,000,000 for construction
of protected witness safesites.
(13) Interagency crime and drug enforcement.--For
Interagency Crime and Drug Enforcement: $550,609,000, for
expenses not otherwise provided for, for the investigation and
prosecution of persons involved in organized crime drug
trafficking, except that any funds obligated from
appropriations authorized by this paragraph may be used under
authorities available to the organizations reimbursed from such
funds.
(14) Foreign claims settlement commission.--For the Foreign
Claims Settlement Commission: $1,212,000.
(15) Community relations service.-- For the Community
Relations Service: $9,526,000.
(16) Assets forfeiture fund.--For the Assets Forfeiture
Fund: $22,949,000 for expenses authorized by section 524 of
title 28, United States Code.
(17) United states parole commission.--For the United
States Parole Commission: $11,051,000.
(18) Federal detention trustee.--For the necessary expenses
of the Federal Detention Trustee: $814,097,000.
(19) Identification systems integration.--For expenses
necessary for the operation of the Identification System
Integration: $34,077,000.
(20) Narrowband communications.--For the costs of
conversion to narrowband communications, including the cost for
operation and maintenance of Land Mobile Radio legacy systems:
$140,083,000.
(21) Administrative expenses for certain activities.--For
the administrative expenses of the Office of Justice Programs,
the Office on Violence Against Women, and the Community
Oriented Policing Services program, the following sums:
(A) $106,016,000 for the Office of Justice
Programs.
(B) $13,622,000 for the Office on Violence Against
Women.
(C) $29,684,000 for the Community Oriented Policing
Services program.
(22) Legal activities office automation.--For necessary
expenses related to office automation: $33,240,000.
(23) Counterterrorism fund.--For necessary expenses of the
Counterterrorism Fund: $1,000,000.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2005.
There are authorized to be appropriated for fiscal year 2005, to
carry out the activities of the Department of Justice (including any
bureau, office, board, division, commission, subdivision, unit, or
other component thereof), the following sums:
(1) General administration.--For General Administration:
$186,551,000.
(2) Administrative review and appeals.--For Administrative
Review and Appeals: $202,518,000 for administration of pardon
and clemency petitions and for immigration-related activities.
(3) Office of inspector general.--For the Office of
Inspector General: $71,400,000, which shall include not to
exceed $10,000 to meet unforeseen emergencies of a confidential
character.
(4) General legal activities.--For General Legal
Activities: $657,135,000, which shall include--
(A) not less than $4,000,000 for the investigation
and prosecution of denaturalization and deportation
cases involving alleged Nazi war criminals;
(B) not to exceed $20,000 to meet unforeseen
emergencies of a confidential character; and
(C) such sums as may be necessary for
administrative expenses in accordance with the
Radiation Exposure Compensation Act.
(5) Antitrust division.--For the Antitrust Division:
$136,463,000.
(6) United states attorneys.--For United States Attorneys:
$1,547,519,000, which shall include not less than $10,000,000
for the investigation and prosecution of intellectual property
crimes, including software counterfeiting crimes, crimes
identified in the No Electronic Theft (NET) Act (Public Law
105-147), and violations of law, against unsolicited commercial
e-mail: Provided, That such amounts in the appropriations
account ``General Legal Services'' as may be expended for such
investigations or prosecutions shall count towards this minimum
as though expended from this appropriations account.
(7) Federal bureau of investigation.--For the Federal
Bureau of Investigation: $5,058,921,000, which shall include--
(A) not to exceed $1,250,000 for construction, to
remain available until expended;
(B) not to exceed $70,000 to meet unforeseen
emergencies of a confidential character; and
(C) such sums as may be necessary to assign
employees to the Terrorism Threat Integration Center:
Provided, That such amounts may only be expended for
analyzing intelligence information.
(8) United states marshals service.--For the United States
Marshals Service: $743,441,000, which shall include not to
exceed $1,371,000 for construction, to remain available until
expended.
(9) Federal prison system.--For the Federal Prison System,
including the National Institute of Corrections:
$4,706,232,000.
(10) Drug enforcement administration.--For the Drug
Enforcement Administration: $1,661,503,000, which shall include
not to exceed $70,000 to meet unforeseen emergencies of a
confidential character.
(11) Bureau of alcohol, tobacco, firearms and explosives.--
For the Bureau of Alcohol, Tobacco, Firearms and Explosives:
$868,857,000.
(12) Fees and expenses of witnesses.--For Fees and Expenses
of Witnesses: $177,585,000 to remain available until expended,
which shall include not to exceed $6,000,000 for construction
of protected witness safesites.
(13) Interagency crime and drug enforcement.--For
Interagency Crime and Drug Enforcement: $580,632,000, for
expenses not otherwise provided for, for the investigation and
prosecution of persons involved in organized crime drug
trafficking, except that any funds obligated from
appropriations authorized by this paragraph may be used under
authorities available to the organizations reimbursed from such
funds.
(14) Foreign claims settlement commission.--For the Foreign
Claims Settlement Commission: $1,220,000.
(15) Community relations service.--For the Community
Relations Service: $9,833,000.
(16) Assets forfeiture fund.--For the Assets Forfeiture
Fund: $21,759,000 for expenses authorized by section 524 of
title 28, United States Code.
(17) United states parole commission.--For the United
States Parole Commission: $10,650,000.
(18) Federal detention trustee.--For the necessary expenses
of the Federal Detention Trustee: $938,810,000.
(19) Joint automated booking system.--For the necessary
expenses of the Joint Automated Booking System: $20,309,000.
(20) Integrated automated fingerprint.--For the expenses
necessary for Integrated Automated Fingerprint activities:
$5,054,000.
(21) Narrowband communications.--For the costs of
conversion to narrowband communications, including the cost for
operation and maintenance of Land Mobile Radio legacy systems:
$101,971,000.
(22) Administrative expenses for certain activities.--For
the administrative expenses of the Office of Justice Programs,
the Office on Violence Against Women, and the Community
Oriented Policing Services program, the following sums:
(A) $118,730,000 for the Office of Justice
Programs.
(B) $13,894,000 for the Office on Violence Against
Women.
(C) $30,278,000 for the Community Oriented Policing
Services program.
(23) Legal activities office automation.--For necessary
expenses related to office automation: $80,510,000.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2006.
There are authorized to be appropriated for fiscal year 2006, to
carry out the activities of the Department of Justice (including any
bureau, office, board, division, commission, subdivision, unit, or
other component thereof), the following sums:
(1) General administration.--For General Administration:
$190,282,000.
(2) Administrative review and appeals.--For Administrative
Review and Appeals: $206,568,000 for administration of pardon
and clemency petitions and for immigration-related activities.
(3) Office of inspector general.--For the Office of
Inspector General: $72,828,000, which shall include not to
exceed $10,000 to meet unforeseen emergencies of a confidential
character.
(4) General legal activities.--For General Legal
Activities: $670,278,000, which shall include--
(A) not less than $4,000,000 for the investigation
and prosecution of denaturalization and deportation
cases involving alleged Nazi war criminals;
(B) not to exceed $20,000 to meet unforeseen
emergencies of a confidential character; and
(C) such sums as may be necessary for
administrative expenses in accordance with the
Radiation Exposure Compensation Act.
(5) Antitrust division.--For the Antitrust Division:
$139,192,000.
(6) United states attorneys.--For United States Attorneys:
$1,578,469,000, which shall include not less than $10,000,000
for the investigation and prosecution of intellectual property
crimes, including software counterfeiting crimes, crimes
identified in the No Electronic Theft (NET) Act (Public Law
105-147), and violations of law, against unsolicited commercial
e-mail: Provided, That such amounts in the appropriations
account ``General Legal Services'' as may be expended for such
investigations or prosecutions shall count towards this minimum
as though expended from this appropriations account.
(7) Federal bureau of investigation.--For the Federal
Bureau of Investigation: $5,160,099,000, which shall include--
(A) not to exceed $1,250,000 for construction, to
remain available until expended;
(B) not to exceed $70,000 to meet unforeseen
emergencies of a confidential character; and
(C) such sums as may be necessary to assign
employees to the Terrorism Threat Integration Center:
Provided, That such amounts may only be expended for
analyzing intelligence information.
(8) United states marshals service.--For the United States
Marshals Service: $758,310,000, which shall include not to
exceed $1,371,000 for construction, to remain available until
expended.
(9) Federal prison system.--For the Federal Prison System,
including the National Institute of Corrections:
$4,800,357,000.
(10) Drug enforcement administration.--For the Drug
Enforcement Administration: $1,694,733,000, which shall include
not to exceed $70,000 to meet unforeseen emergencies of a
confidential character.
(11) Bureau of alcohol, tobacco, firearms and explosives.--
For the Bureau of Alcohol, Tobacco, Firearms and Explosives:
$886,234,000.
(12) Fees and expenses of witnesses.--For Fees and Expenses
of Witnesses: $181,137,000 to remain available until expended,
which shall include not to exceed $6,000,000 for construction
of protected witness safesites.
(13) Interagency crime and drug enforcement.--For
Interagency Crime and Drug Enforcement: $592,245,000, for
expenses not otherwise provided for, for the investigation and
prosecution of persons involved in organized crime drug
trafficking, except that any funds obligated from
appropriations authorized by this paragraph may be used under
authorities available to the organizations reimbursed from such
funds.
(14) Foreign claims settlement commission.--For the Foreign
Claims Settlement Commission: $1,244,000.
(15) Community relations service.--For the Community
Relations Service: $10,030,000.
(16) Assets forfeiture fund.--For the Assets Forfeiture
Fund: $22,194,000 for expenses authorized by section 524 of
title 28, United States Code.
(17) United states parole commission.--For the United
States Parole Commission: $10,863,000.
(18) Federal detention trustee.--For the necessary expenses
of the Federal Detention Trustee: $957,586,000.
(19) Joint automated booking system.--For the necessary
expenses of the Joint Automated Booking System: $20,715,000.
(20) Integrated automated fingerprint.--For the expenses
necessary for Integrated Automated Fingerprint activities:
$5,155,000.
(21) Narrowband communications.--For the costs of
conversion to narrowband communications, including the cost for
operation and maintenance of Land Mobile Radio legacy systems:
$104,010,000.
(22) Administrative expenses for certain activities.--For
the administrative expenses of the Office of Justice Programs,
the Office on Violence Against Women, and the Community
Oriented Policing Services program, the following sums:
(A) $121,105,000 for the Office of Justice
Programs.
(B) $14,172,000 for the Office on Violence Against
Women.
(C) $31,343,000 for the Community Oriented Policing
Services program.
(23) Legal activities office automation.--For necessary
expenses related to office automation: $82,120,000.
TITLE II--IMPROVING THE DEPARTMENT OF JUSTICE'S GRANT PROGRAMS
Subtitle A--Assisting Law Enforcement and Criminal Justice Agencies
SEC. 201. MERGER OF BYRNE GRANT PROGRAM AND LOCAL LAW ENFORCEMENT BLOCK
GRANT PROGRAM.
(a) In General.--Part E of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended as follows:
(1) Subpart 1 of such part (42 U.S.C. 3751-3759) is
repealed.
(2) Such part is further amended--
(A) by inserting before section 500 (42 U.S.C.
3750) the following new heading:
``Subpart 1--Edward Byrne Memorial Justice Assistance Grant Program'';
(B) by amending section 500 to read as follows:
``SEC. 500. NAME OF PROGRAM.
``(a) In General.--The grant program established under this subpart
shall be known as the `Edward Byrne Memorial Justice Assistance Grant
Program'.
``(b) References to Former Programs.--Any reference in a law,
regulation, document, paper, or other record of the United States to
the Edward Byrne Memorial State and Local Law Enforcement Assistance
Programs, or to the Local Government Law Enforcement Block Grants
program, shall be deemed to be a reference to the grant program
referred to in subsection (a).''; and
(C) by inserting after section 500 the following
new sections:
``SEC. 501. DESCRIPTION.
``(a) Grants Authorized.--
``(1) In general.--From amounts made available to carry out
this subpart, the Attorney General may, in accordance with the
formula established under section 505, make grants to States
and units of local government, for use by the State or unit of
local government to provide additional personnel, equipment,
supplies, contractual support, training, technical assistance,
and information systems for criminal justice, including for any
one or more of the following programs:
``(A) Law enforcement programs.
``(B) Prosecution and court programs.
``(C) Prevention and education programs.
``(D) Corrections and community corrections
programs.
``(E) Drug treatment programs.
``(F) Planning, evaluation, and technology
improvement programs.
``(2) Rule of construction.--Paragraph (1) shall be
construed to ensure that a grant under that paragraph may be
used for any purpose for which a grant was authorized to be
used under either or both of the programs specified in section
500(b), as those programs were in effect immediately before the
enactment of this paragraph.
``(b) Contracts and Subawards.--A State or unit of local government
may, in using a grant under this subpart for purposes authorized by
subsection (a), use all or a portion of that grant to contract with or
make one or more subawards to one or more--
``(1) neighborhood or community-based organizations that
are private and nonprofit;
``(2) units of local government; or
``(3) tribal governments.
``(c) Program Assessment Component; Waiver.--
``(1) Each program funded under this subpart shall contain
a program assessment component, developed pursuant to
guidelines established by the Attorney General, in coordination
with the National Institute of Justice.
``(2) The Attorney General may waive the requirement of
paragraph (1) with respect to a program if, in the opinion of
the Attorney General, the program is not of sufficient size to
justify a full program assessment.
``(d) Prohibited Uses.--Notwithstanding any other provision of this
Act, no funds provided under this subpart may be used, directly or
indirectly, to provide any of the following matters:
``(1) Any security enhancements or any equipment to any
nongovernmental entity that is not engaged in criminal justice
or public safety.
``(2) Unless the Attorney General certifies that
extraordinary and exigent circumstances exist that make the use
of such funds to provide such matters essential to the
maintenance of public safety and good order--
``(A) vehicles, vessels, or aircraft;
``(B) luxury items;
``(C) real estate;
``(D) construction projects (other than penal or
correctional institutions); or
``(E) any similar matters.
``(e) Administrative Costs.--Not more than 10 percent of a grant
made under this subpart may be used for costs incurred to administer
such grant.
``(f) Period.--The period of a grant made under this subpart shall
be four years, except that renewals and extensions beyond that period
may be granted at the discretion of the Attorney General.
``(g) Rule of Construction.--Subparagraph (d)(1) shall not be
construed to prohibit the use, directly or indirectly, of funds
provided under this subpart to provide security at a public event, such
as a political convention or major sports event, so long as such
security is provided under applicable laws and procedures.
``SEC. 502. APPLICATIONS.
``To request a grant under this subpart, the chief executive
officer of a State or unit of local government shall submit an
application to the Attorney General within 90 days after the date on
which funds to carry out this subpart are appropriated for a fiscal
year, in such form as the Attorney General may require. Such
application shall include the following:
``(1) A certification that Federal funds made available
under this subpart will not be used to supplant State or local
funds, but will be used to increase the amounts of such funds
that would, in the absence of Federal funds, be made available
for law enforcement activities.
``(2) An assurance that, not fewer than 30 days before the
application (or any amendment to the application) was submitted
to the Attorney General, the application (or amendment) was
submitted for review to the governing body of the State or unit
of local government (or to an organization designated by that
governing body).
``(3) An assurance that, before the application (or any
amendment to the application) was submitted to the Attorney
General--
``(A) the application (or amendment) was made
public; and
``(B) an opportunity to comment on the application
(or amendment) was provided to citizens and to
neighborhood or community-based organizations, to the
extent applicable law or established procedure makes
such an opportunity available.
``(4) An assurance that, for each fiscal year covered by an
application, the applicant shall maintain and report such data,
records, and information (programmatic and financial) as the
Attorney General may reasonably require.
``(5) A certification, made in a form acceptable to the
Attorney General and executed by the chief executive officer of
the applicant (or by another officer of the applicant, if
qualified under regulations promulgated by the Attorney
General), that--
``(A) the programs to be funded by the grant meet
all the requirements of this subpart;
``(B) all the information contained in the
application is correct;
``(C) there has been appropriate coordination with
affected agencies; and
``(D) the applicant will comply with all provisions
of this subpart and all other applicable Federal laws.
``SEC. 503. REVIEW OF APPLICATIONS.
``The Attorney General shall not finally disapprove any application
(or any amendment to that application) submitted under this subpart
without first affording the applicant reasonable notice of any
deficiencies in the application and opportunity for correction and
reconsideration.
``SEC. 504. RULES.
``The Attorney General shall issue rules to carry out this subpart.
The first such rules shall be issued not later than one year after the
date on which amounts are first made available to carry out this
subpart.
``SEC. 505. FORMULA.
``(a) Allocation Among States.--
``(1) In general.--Of the total amount appropriated for
this subpart, the Attorney General shall, except as provided in
paragraph (2), allocate--
``(A) 50 percent of such remaining amount to each
State in amounts that bear the same ratio of--
``(i) the total population of a State to--
``(ii) the total population of the United
States; and
``(B) 50 percent of such remaining amount to each
State in amounts that bear the same ratio of--
``(i) the average annual number of part 1
violent crimes of the Uniform Crime Reports of
the Federal Bureau of Investigation reported by
such State for the three most recent years
reported by such State to--
``(ii) the average annual number of such
crimes reported by all States for such years.
``(2) Minimum allocation.--If carrying out paragraph (1)
would result in any State receiving an allocation less than
0.25 percent of the total amount (in this paragraph referred to
as a ``minimum allocation State''), then paragraph (1), as so
carried out, shall not apply, and the Attorney General shall
instead--
``(A) allocate 0.25 percent of the total amount to
each State; and
``(B) using the amount remaining after carrying out
subparagraph (A), carry out paragraph (1) in a manner
that excludes each minimum allocation State, including
the population of and the crimes reported by such
State.
``(b) Allocation Between States and Units of Local Government.--Of
the amounts allocated under subsection (a)--
``(1) 60 percent shall be for direct grants to States, to
be allocated under subsection (c); and
``(2) 40 percent shall be for grants to be allocated under
subsection (d).
``(c) Allocation for State Governments.--
``(1) In general.--Of the amounts allocated under
subsection (b)(1), each State may retain for the purposes
described in section 501 an amount that bears the same ratio
of--
``(A) total expenditures on criminal justice by the
State government in the most recently completed fiscal
year to--
``(B) the total expenditure on criminal justice by
the State government and units of local government
within the State in such year.
``(2) Remaining amounts.--Except as provided in subsection
(e)(1), any amounts remaining after the allocation required by
paragraph (1) shall be made available to units of local
government by the State for the purposes described in section
501.
``(d) Allocations to Local Governments.--
``(1) In general.--Of the amounts allocated under
subsection (b)(2), grants for the purposes described in section
501 shall be made directly to units of local government within
each State in accordance with this subsection, subject to
subsection (e).
``(2) Allocation.--
``(A) In general.--From the amounts referred to in
paragraph (1) with respect to a State (in this
subsection referred to as the `local amount'), the
Attorney General shall allocate to each unit of local
government an amount which bears the same ratio to such
share as the average annual number of part 1 violent
crimes reported by such unit to the Federal Bureau of
Investigation for the 3 most recent calendar years for
which such data is available bears to the number of
part 1 violent crimes reported by all units of local
government in the State in which the unit is located to
the Federal Bureau of Investigation for such years.
``(B) Transitional rule.--Notwithstanding
subparagraph (A), for fiscal years 2005, 2006, and
2007, the Attorney General shall allocate the local
amount to units of local government in the same manner
that, under the Local Government Law Enforcement Block
Grants program in effect immediately before the date of
the enactment of this section, the reserved amount was
allocated among reporting and nonreporting units of
local government.
``(3) Annexed units.--If a unit of local government in the
State has been annexed since the date of the collection of the
data used by the Attorney General in making allocations
pursuant to this section, the Attorney General shall pay the
amount that would have been allocated to such unit of local
government to the unit of local government that annexed it.
``(4) Resolution of disparate allocations.--(A)
Notwithstanding any other provision of this subpart, if--
``(i) the Attorney General certifies that a unit of
local government bears more than 50 percent of the
costs of prosecution or incarceration that arise with
respect to part 1 violent crimes reported by a
specified geographically constituent unit of local
government; and
``(ii) but for this paragraph, the amount of funds
allocated under this section to--
``(I) any one such specified geographically
constituent unit of local government exceeds
150 percent of the amount allocated to the unit
of local government certified pursuant to
clause (i); or
``(II) more than one such specified
geographically constituent unit of local
government exceeds 400 percent of the amount
allocated to the unit of local government
certified pursuant to clause (i),
then in order to qualify for payment under this subsection, the
unit of local government certified pursuant to clause (i),
together with any such specified geographically constituent
units of local government described in clause (ii), shall
submit to the Attorney General a joint application for the
aggregate of funds allocated to such units of local government.
Such application shall specify the amount of such funds that
are to be distributed to each of the units of local government
and the purposes for which such funds are to be used. The units
of local government involved may establish a joint local
advisory board for the purposes of carrying out this paragraph.
``(B) In this paragraph, the term `geographically
constituent unit of local government' means a unit of local
government that has jurisdiction over areas located within the
boundaries of an area over which a unit of local government
certified pursuant to clause (i) has jurisdiction.
``(e) Limitation on Allocations to Units of Local Government.--
``(1) Maximum allocation.--No unit of local government
shall receive a total allocation under this section that
exceeds such unit's total expenditures on criminal justice
services for the most recently completed fiscal year for which
data are available. Any amount in excess of such total
expenditures shall be allocated proportionally among units of
local government whose allocations under this section do not
exceed their total expenditures on such services.
``(2) Allocations under $10,000.--If the allocation under
this section to a unit of local government is less than $10,000
for any fiscal year, the direct grant to the State under
subsection (c) shall be increased by the amount of such
allocation, to be distributed (for the purposes described in
section 501) among State police departments that provide
criminal justice services to units of local government and
units of local government whose allocation under this section
is less than $10,000.
``(3) Non-reporting units.--No allocation under this
section shall be made to a unit of local government that has
not reported at least three years of data on part 1 violent
crimes of the Uniform Crime Reports to the Federal Bureau of
Investigation within the immediately preceding 10 years.
``(f) Funds not Used by the State.--If the Attorney General
determines, on the basis of information available during any grant
period, that any allocation (or portion thereof) under this section to
a State for such grant period will not be required, or that a State
will be unable to qualify or receive funds under this subpart, or that
a State chooses not to participate in the program established under
this subpart, then such State's allocation (or portion thereof) shall
be awarded by the Attorney General to units of local government, or
combinations thereof, within such State, giving priority to those
jurisdictions with the highest annual number of part 1 violent crimes
of the Uniform Crime Reports reported by the unit of local government
to the Federal Bureau of Investigation for the three most recent
calendar years for which such data are available.
``(g) Special Rules for Puerto Rico.--
``(1) All funds set aside for commonwealth government.--
Notwithstanding any other provision of this subpart, the
amounts allocated under subsection (a) to Puerto Rico, 100
percent shall be for direct grants to the Commonwealth
government of Puerto Rico.
``(2) No local allocations.--Subsections (c) and (d) shall
not apply to Puerto Rico.
``(h) Units of Local Government in Louisiana.--In carrying out this
section with respect to the State of Louisiana, the term `unit of local
government' means a district attorney or a parish sheriff.
``SEC. 506. RESERVED FUNDS.
``Of the total amount made available to carry out this subpart for
a fiscal year, the Attorney General shall reserve not more than--
``(1) $20,000,000, for use by the National Institute of
Justice in assisting units of local government to identify,
select, develop, modernize, and purchase new technologies for
use by law enforcement, of which $1,000,000 shall be for use by
the Bureau of Justice Statistics to collect data necessary for
carrying out this subpart; and
``(2) $20,000,000, to be granted by the Attorney General to
States and units of local government to develop and implement
antiterrorism training programs.
``SEC. 507. INTEREST-BEARING TRUST FUNDS.
``(a) Trust Fund Required.--A State or unit of local government
shall establish a trust fund in which to deposit amounts received under
this subpart.
``(b) Expenditures.--
``(1) In general.--Each amount received under this subpart
(including interest on such amount) shall be expended before
the date on which the grant period expires.
``(2) Repayment.--A State or unit of local government that
fails to expend an entire amount (including interest on such
amount) as required by paragraph (1) shall repay the unexpended
portion to the Attorney General not later than 3 months after
the date on which the grant period expires.
``(3) Reduction of future amounts.--If a State or unit of
local government fails to comply with paragraphs (1) and (2),
the Attorney General shall reduce amounts to be provided to
that State or unit of local government accordingly.
``(c) Repaid Amounts.--Amounts received as repayments under this
section shall be subject to section 108 of this title as if such
amounts had not been granted and repaid. Such amounts shall be
deposited in the Treasury in a dedicated fund for use by the Attorney
General to carry out this subpart. Such funds are hereby made available
to carry out this subpart.
``SEC. 508. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this subpart
$1,095,000,000 for fiscal year 2004 and such sums as may be necessary
for each of fiscal years 2005 through 2008.''.
(b) Repeals of Certain Authorities Relating to Byrne Grants.--
(1) Discretionary grants to public and private entities.--
Chapter A of subpart 2 of Part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3760-
3762) is repealed.
(2) Targeted grants to curb motor vehicle theft.--Subtitle
B of title I of the Anti Car Theft Act of 1992 (42 U.S.C.
3750a-3750d) is repealed.
(c) Conforming Amendments.--
(1) Crime identification technology act.--Subsection
(c)(2)(G) of section 102 of the Crime Identification Technology
Act of 1998 (42 U.S.C. 14601) is amended by striking ``such
as'' and all that follows through ``the M.O.R.E. program'' and
inserting ``such as the Edward Byrne Justice Assistance Grant
Program and the M.O.R.E. program''.
(2) Safe streets act.--Title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended--
(A) in section 517 (42 U.S.C. 3763), in subsection
(a)(1), by striking ``pursuant to section 511 or 515''
and inserting ``pursuant to section 515'';
(B) in section 520 (42 U.S.C. 3766)--
(i) in subsection (a)(1), by striking ``the
program evaluations as required by section
501(c) of this part'' and inserting ``program
evaluations'';
(ii) in subsection (a)(2), by striking
``evaluations of programs funded under section
506 (formula grants) and sections 511 and 515
(discretionary grants) of this part'' and
inserting ``evaluations of programs funded
under section 505 (formula grants) and section
515 (discretionary grants) of this part''; and
(iii) in subsection (b)(2), by striking
``programs funded under section 506 (formula
grants) and section 511 (discretionary
grants)'' and inserting ``programs funded under
section 505 (formula grants)'';
(C) in section 522 (42 U.S.C. 3766b)--
(i) in subsection (a), in the matter
preceding paragraph (1), by striking ``section
506'' and inserting ``section 505''; and
(ii) in subsection (a)(1), by striking ``an
assessment of the impact of such activities on
meeting the needs identified in the State
strategy submitted under section 503'' and
inserting ``an assessment of the impact of such
activities on meeting the purposes of subpart
1'';
(D) in section 801(b) (42 U.S.C. 3782(b)), in the
matter following paragraph (5)--
(i) by striking ``the purposes of section
501 of this title'' and inserting ``the
purposes of such subpart 1''; and
(ii) by striking ``the application
submitted pursuant to section 503 of this
title'' and inserting ``the application
submitted pursuant to section 502 of this
title'';
(E) in section 808 (42 U.S.C. 3789), by striking
``the State office described in section 507 or 1408''
and inserting ``the State office responsible for the
trust fund required by section 507, or the State office
described in section 1408,'';
(F) in section 901 (42 U.S.C. 3791), in subsection
(a)(2), by striking ``for the purposes of section
506(a)'' and inserting ``for the purposes of section
505(a)'';
(G) in section 1502 (42 U.S.C. 3796bb-1)--
(i) in paragraph (1), by striking ``section
506(a)'' and inserting ``section 505(a)'';
(ii) in paragraph (2)--
(I) by striking ``section 503(a)''
and inserting ``section 502''; and
(II) by striking ``section 506''
and inserting ``section 505'';
(H) in section 1602 (42 U.S.C. 3796cc-1), in
subsection (b), by striking ``The office designated
under section 507 of title I'' and inserting ``The
office responsible for the trust fund required by
section 507'';
(I) in section 1702 (42 U.S.C. 3796dd-1), in
subsection (c)(1), by striking ``and reflects
consideration of the statewide strategy under section
503(a)(1)''; and
(J) in section 1902 (42 U.S.C. 3796ff-1), in
subsection (e), by striking ``The Office designated
under section 507'' and inserting ``The office
responsible for the trust fund required by section
507''.
(d) Applicability.--The amendments made by this section shall apply
with respect to the first fiscal year beginning after the date of the
enactment of this Act and each fiscal year thereafter.
SEC. 202. CLARIFICATION OF NUMBER OF RECIPIENTS WHO MAY BE SELECTED IN
A GIVEN YEAR TO RECEIVE PUBLIC SAFETY OFFICER MEDAL OF
VALOR.
Section 3(c) of the Public Safety Officer Medal of Valor Act of
2001 (42 U.S.C. 15202(c)) is amended by striking ``more than 5
recipients'' and inserting ``more than 5 individuals, or groups of
individuals, as recipients''.
SEC. 203. CONGRESSIONAL MEDAL AND PLAQUE FOR PUBLIC SAFETY OFFICERS WHO
RESPONDED TO THE ATTACKS ON THE UNITED STATES ON
SEPTEMBER 11, 2001.
(a) Purpose.--It is the purpose of this section--
(1) to commemorate the sacrifices made and service rendered
to the United States by those public safety officers who
responded to the attacks on the United States on September 11,
2001; and
(2) to honor those public safety officers on the third
anniversary of those attacks.
(b) Presentation Authorized.--
(1) In general.--The Speaker of the House of
Representatives and the President pro tempore of the Senate are
authorized jointly to present, on behalf of the Congress--
(A) to individuals certified by the Attorney
General pursuant to subsection (e), a bronze medal 1\1/
2\ inches in diameter commemorating the service to the
United States of those individuals; and
(B) to public agencies certified by the Attorney
General pursuant to subsection (e), a plaque
commemorating the service to the United States of the
officers, employees, or agents of those agencies.
(2) Date.--The presentation shall be made as close as
feasible to the third anniversary of the attacks on the United
States on September 11, 2001.
(3) Next of kin.--In the case of an individual certified by
the Attorney General pursuant to subsection (e), the medal may
be accepted by the next of kin of any such individual.
(c) Design and Striking.--
(1) Consultation.--The Attorney General shall consult with
the Institute of Heraldry of the Department of Defense
regarding the design and artistry of the medal and the plaque
authorized by this section. The Attorney General may also
consider suggestions received by the Department of Justice
regarding the design and artistry of the medal and the plaque,
including suggestions made by persons not employed by the
Department of Justice.
(2) Striking.--After such consultation, the Attorney
General shall strike such medals and produce such plaques as
may be required to carry out this section.
(d) Eligibility Requirements.--
(1) Individuals.--
(A) In general.--To be eligible to be presented the
medal referred to in subsection (b), an individual must
have been a public safety officer (as defined in
section 5 of the Public Safety Officer Medal of Valor
Act of 2001 (42 U.S.C. 15204))--
(i) who was present in New York, Virginia,
or Pennsylvania on September 11, 2001;
(ii) who participated in the response that
day to the terrorist attacks on the World Trade
Center, the terrorist attack on the Pentagon,
or the terrorist attack that resulted in the
crash of the fourth airplane in Pennsylvania;
and
(iii) who died as a result of such
participation.
(B) Rule of construction.--An individual who was
killed in one of the attacks referred to in
subparagraph (A)(ii) shall be deemed, for purposes of
that subparagraph, to have participated in the
response.
(2) Agencies.--To be eligible to be presented the plaque
referred to in subsection (b), a public agency must have had at
least one officer, employee, or agent who is eligible under
paragraph (1) or who would be so eligible but for the
requirement of subparagraph (A)(iii) of that paragraph.
(3) Application; determination.--To establish the
eligibility required by paragraphs (1) or (2), the head of a
public agency must present to the Attorney General an
application with such supporting documentation as the Attorney
General may require to support such eligibility and, in the
case of the eligibility of an individual, with information on
next of kin. The Attorney General shall determine, through the
documentation provided and, if necessary, independent
investigation, whether the requirements of paragraphs (1) or
(2) have been established.
(e) Certification.--The Attorney General shall, within 12 months
after the date of the enactment of this Act, certify to the Speaker of
the House of Representatives and the President pro tempore of the
Senate the names of individuals eligible to receive the medal and
public agencies eligible to receive the plaque.
(f) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 204. CLARIFICATION OF OFFICIAL TO BE CONSULTED BY ATTORNEY GENERAL
IN CONSIDERING APPLICATION FOR EMERGENCY FEDERAL LAW
ENFORCEMENT ASSISTANCE.
Section 609M(b) of the Justice Assistance Act of 1984 (42 U.S.C.
10501(b)) is amended by striking ``the Director of the Office of
Justice Assistance'' and inserting ``the Assistant Attorney General for
the Office of Justice Programs''.
SEC. 205. CLARIFICATION OF USES FOR REGIONAL INFORMATION SHARING SYSTEM
GRANTS.
Section 1301(b) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796h(b)), as most recently amended by section 701
of the USA PATRIOT Act (Public Law 107-56; 115 Stat. 374), is amended--
(1) in paragraph (1), by inserting ``regional'' before
``information sharing systems'';
(2) by amending paragraph (3) to read as follows:
``(3) establishing and maintaining a secure
telecommunications system for regional information sharing
between Federal, State, and local law enforcement agencies;'';
and
(3) by striking ``(5)'' at the end of paragraph (4).
SEC. 206. INTEGRITY AND ENHANCEMENT OF NATIONAL CRIMINAL RECORD
DATABASES.
(a) Duties of Director.--Section 302 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3732) is amended--
(1) in subsection (b), by inserting after the third
sentence the following new sentence: ``The Director shall be
responsible for the integrity of data and statistics and shall
protect against improper or illegal use or disclosure.'';
(2) by amending paragraph (19) of subsection (c) to read as
follows:
``(19) provide for improvements in the accuracy, quality,
timeliness, immediate accessibility, and integration of State
criminal history and related records, support the development
and enhancement of national systems of criminal history and
related records including the National Criminal History
Background Check System, the National Incident-Based Reporting
System, and the records of the National Crime Information
Center, facilitate State participation in national records and
information systems, and support statistical research for
critical analysis of the improvement and utilization of
criminal history records;''; and
(3) in subsection (d)--
(A) by striking ``and'' at the end of paragraph
(4);
(B) by striking the period at the end of paragraph
(5) and inserting ``; and''; and
(C) by adding at the end the following:
``(6) confer and cooperate with Federal statistical
agencies as needed to carry out the purposes of this part,
including by entering into cooperative data sharing agreements
in conformity with all laws and regulations applicable to the
disclosure and use of data.''.
(b) Use of Data.--Section 304 of such Act (42 U.S.C. 3735) is
amended by striking ``particular individual'' and inserting ``private
person or public agency''.
(c) Confidentiality of Information.--Section 812(a) of such Act (42
U.S.C. 3789g(a)) is amended by striking ``Except as provided by Federal
law other than this title, no'' and inserting ``No''.
SEC. 207. EXTENSION OF MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR
VESTS.
Section 1001(a)(23) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3793(a)(23)) is amended by striking
``2004'' and inserting ``2007''.
Subtitle B--Building Community Capacity to Prevent, Reduce, and Control
Crime
SEC. 211. OFFICE OF WEED AND SEED STRATEGIES.
(a) In General.--Part A of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by inserting after section 102 (42
U.S.C. 3712) the following new sections:
``SEC. 103. OFFICE OF WEED AND SEED STRATEGIES.
``(a) Establishment.--There is established within the Office an
Office of Weed and Seed Strategies, headed by a Director appointed by
the Attorney General.
``(b) Assistance.--The Director may assist States, units of local
government, and neighborhood and community-based organizations in
developing Weed and Seed strategies, as provided in section 104.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $58,265,000 for fiscal year
2004, and such sums as may be necessary for each of fiscal years 2005
and 2006, to remain available until expended.
``SEC. 104. WEED AND SEED STRATEGIES.
``(a) In General.--From amounts made available under section
103(c), the Director of the Office of Weed and Seed Strategies may
implement strategies, to be known as Weed and Seed strategies, to
prevent, control, and reduce violent crime, criminal drug-related
activity, and gang activity in designated Weed-and-Seed communities.
Each such strategy shall involve both of the following activities:
``(1) Weeding.--Activities, to be known as Weeding
activities, which shall include promoting and coordinating a
broad spectrum of community efforts (especially those of law
enforcement agencies and prosecutors) to arrest, and to
sanction or incarcerate, persons in that community who
participate or engage in violent crime, criminal drug-related
activity, and other crimes that threaten the quality of life in
that community.
``(2) Seeding.--Activities, to be known as Seeding
activities, which shall include promoting and coordinating a
broad spectrum of community efforts (such as drug abuse
education, mentoring, and employment counseling) to provide--
``(A) human services, relating to prevention,
intervention, or treatment, for at-risk individuals and
families; and
``(B) community revitalization efforts, including
enforcement of building codes and development of the
economy.
``(b) Guidelines.--The Director shall issue guidelines for the
development and implementation of Weed and Seed strategies under this
section. The guidelines shall ensure that the Weed and Seed strategy
for a community referred to in subsection (a) shall--
``(1) be planned and implemented through and under the
auspices of a steering committee, properly established in the
community, comprised of--
``(A) in a voting capacity, representatives of--
``(i) appropriate law enforcement agencies;
and
``(ii) other public and private agencies,
and neighborhood and community-based
organizations, interested in criminal justice
and community-based development and
revitalization in the community; and
``(B) in a voting capacity, both--
``(i) the Drug Enforcement Administration's
special agent in charge for the jurisdiction
encompassing the community; and
``(ii) the United States Attorney for the
District encompassing the community;
``(2) describe how law enforcement agencies, other public
and private agencies, neighborhood and community-based
organizations, and interested citizens are to cooperate in
implementing the strategy; and
``(3) incorporate a community-policing component that shall
serve as a bridge between the Weeding activities under
subsection (a)(1) and the Seeding activities under subsection
(a)(2).
``(c) Designation.--For a community to be designated as a Weed-and-
Seed community for purposes of subsection (a)--
``(1) the United States Attorney for the District
encompassing the community must certify to the Director that--
``(A) the community suffers from consistently high
levels of crime or otherwise is appropriate for such
designation;
``(B) the Weed and Seed strategy proposed, adopted,
or implemented by the steering committee has a high
probability of improving the criminal justice system
within the community and contains all the elements
required by the Director; and
``(C) the steering committee is capable of
implementing the strategy appropriately; and
``(2) the community must agree to formulate a timely and
effective plan to independently sustain the strategy (or, at a
minimum, a majority of the best practices of the strategy) when
assistance under this section is no longer available.
``(d) Application.--An application for designation as a Weed-and-
Seed community for purposes of subsection (a) shall be submitted to the
Director by the steering committee of the community in such form, and
containing such information and assurances, as the Director may
require. The application shall propose--
``(1) a sustainable Weed and Seed strategy that includes--
``(A) the active involvement of the United States
Attorney for the District encompassing the community,
the Drug Enforcement Administration's special agent in
charge for the jurisdiction encompassing the community,
and other Federal law enforcement agencies operating in
the vicinity;
``(B) a significant community-oriented policing
component; and
``(C) demonstrated coordination with complementary
neighborhood and community-based programs and
initiatives; and
``(2) a methodology with outcome measures and specific
objective indicia of performance to be used to evaluate the
effectiveness of the strategy.
``(e) Grants.--
``(1) In general.--In implementing a strategy for a
community under subsection (a), the Director may make grants to
that community.
``(2) Uses.--For each grant under this subsection, the
community receiving that grant--
``(A) shall use not less than 40 percent of the
grant amounts for Seeding activities under subsection
(a)(2); and
``(B) may not use any of the grant amounts for
construction, except that the Assistant Attorney
General may authorize use of grant amounts for
incidental or minor construction, renovation, or
remodeling.
``(3) Limitations.--A community may not receive grants
under this subsection (or fall within such a community)--
``(A) for a period of more than 10 fiscal years;
``(B) for more than 5 separate fiscal years, except
that the Assistant Attorney General may, in single
increments and only upon a showing of extraordinary
circumstances, authorize grants for not more than 3
additional separate fiscal years; or
``(C) in an aggregate amount of more than
$1,000,000, except that the Assistant Attorney General
may, upon a showing of extraordinary circumstances,
authorize grants for not more than an additional
$500,000.
``(4) Distribution.--In making grants under this
subsection, the Director shall ensure that--
``(A) to the extent practicable, the distribution
of such grants is geographically equitable and includes
both urban and rural areas of varying population and
area; and
``(B) priority is given to communities that clearly
and effectively coordinate crime prevention programs
with other Federal programs in a manner that addresses
the overall needs of such communities.
``(5) Federal share.--(A) Subject to subparagraph (B), the
Federal share of a grant under this subsection may not exceed
75 percent of the total costs of the projects described in the
application for which the grant was made.
``(B) The requirement of subparagraph (A)--
``(i) may be satisfied in cash or in kind; and
``(ii) may be waived by the Assistant Attorney
General upon a determination that the financial
circumstances affecting the applicant warrant a finding
that such a waiver is equitable.
``(6) Supplement, not supplant.--To receive a grant under
this subsection, the applicant must provide assurances that the
amounts received under the grant shall be used to supplement,
not supplant, non-Federal funds that would otherwise be
available for programs or services provided in the
community.''.
(b) Abolishment of Executive Office of Weed and Seed; Transfers of
Functions.--
(1) Abolishment.--The Executive Office of Weed and Seed is
abolished.
(2) Transfer.--There are hereby transferred to the Office
of Weed and Seed Strategies all functions and activities
performed immediately before the date of the enactment of this
Act by the Executive Office of Weed and Seed Strategies.
(c) Effective Date.--This section and the amendments made by this
section take effect 90 days after the date of the enactment of this
Act.
Subtitle C--Assisting Victims of Crime
SEC. 221. GRANTS TO LOCAL NONPROFIT ORGANIZATIONS TO IMPROVE OUTREACH
SERVICES TO VICTIMS OF CRIME.
Section 1404(c) of the Victims of Crime Act of 1984 (42 U.S.C.
10603(c)), as most recently amended by section 623 of the USA PATRIOT
Act (Public Law 107-56; 115 Stat. 372), is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking the comma after ``Director'';
(B) in subparagraph (A), by striking ``and'' at the
end;
(C) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following new
subparagraph:
``(C) for nonprofit neighborhood and community-based victim
service organizations and coalitions to improve outreach and
services to victims of crime.'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``paragraph (1)(A)'' and
inserting ``paragraphs (1)(A) and (1)(C)'';
(ii) by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) not more than $10,000 shall be used for any single
grant under paragraph (1)(C).''.
SEC. 222. CLARIFICATION AND ENHANCEMENT OF CERTAIN AUTHORITIES RELATING
TO CRIME VICTIMS FUND.
Section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601)
is amended as follows:
(1) Authority to accept gifts.--Subsection (b)(5) of such
section is amended by striking the period at the end and
inserting the following: ``, which the Director is hereby
authorized to accept for deposit into the Fund, except that the
Director is not hereby authorized to accept any such gift,
bequest, or donation that--
``(A) attaches conditions inconsistent with
applicable laws or regulations; or
``(B) is conditioned upon or would require the
expenditure of appropriated funds that are not
available to the Office for Victims of Crime.''.
(2) Authority to replenish antiterrorism emergency
reserve.--Subsection (d)(5)(A) of such section is amended by
striking ``expended'' and inserting ``obligated''.
(3) Authority to make grants to indian tribes for victim
assistance programs.--Subsection (g) of such section is
amended--
(A) in paragraph (1), by striking ``, acting
through the Director,'';
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) The Attorney General may use 5 percent of the funds available
under subsection (d)(2) (prior to distribution) for grants to Indian
tribes to establish victim assistance programs, as appropriate.''.
SEC. 223. AMOUNTS RECEIVED UNDER CRIME VICTIM GRANTS MAY BE USED BY
STATE FOR TRAINING PURPOSES.
(a) Crime Victim Compensation.--Section 1403(a)(3) of the Victims
of Crime Act of 1984 (42 U.S.C. 10602(a)(3)) is amended by inserting
after ``may be used for'' the following: ``training purposes and''.
(b) Crime Victim Assistance.--Section 1404(b)(3) of such Act (42
U.S.C. 10603(b)(3)) is amended by inserting after ``may be used for''
the following: ``training purposes and''.
SEC. 224. CLARIFICATION OF AUTHORITIES RELATING TO VIOLENCE AGAINST
WOMEN FORMULA AND DISCRETIONARY GRANT PROGRAMS.
(a) Clarification of Specific Purposes.--Section 2001(b) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg(b)) is amended in the matter preceding paragraph (1) by
inserting after ``violent crimes against women'' the following: ``to
develop and strengthen victim services in cases involving violent
crimes against women''.
(b) Technical Amendment Relating to Misdesignated Sections.--
Section 402(2) of Public Law 107-273 (116 Stat. 1789) is amended by
striking ``as sections 2006 through 2011, respectively'' and inserting
``as sections 2007 through 2011, respectively''.
(c) Clarification of State Grants.--Section 2007 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1), as
redesignated pursuant to the amendment made by subsection (b), is
amended--
(1) in subsection (a), by striking ``to States'' and all
that follows through ``tribal governments'';
(2) in subsection (b)--
(A) in each of paragraphs (2) and (3), by striking
``\1/54\'' and inserting ``\1/53\''; and
(B) in paragraph (4), by striking ``in Indian
country'';
(3) in subsection (c)(3)(A), by striking ``police'' and
inserting ``law enforcement''; and
(4) in subsection (d)--
(A) in the second sentence, by inserting after
``each application'' the following: ``submitted by a
State''; and
(B) in the third sentence, by striking ``An
application'' and inserting ``In addition, each
application submitted by a State or tribal
government''.
(d) Change from Annual to Biennial Reporting.--Section 2009(b) of
such Act (42 U.S.C. 3796gg-3), as redesignated pursuant to the
amendment made by subsection (b), is amended by striking ``Not later
than'' and all that follows through ``the Attorney General shall
submit'' and inserting the following: ``Not later than one month after
the end of each even-numbered fiscal year, the Attorney General shall
submit''.
(e) Availability of Forensic Medical Exams.--Section 2010 of such
Act (42 U.S.C. 3796gg-4), as redesignated pursuant to the amendment
made by subsection (b), is amended by adding at the end the following
new subsections:
``(c) Use of Funds.--A State or Indian tribal government may use
Federal grant funds under this part to pay for forensic medical exams
performed by trained examiners for victims of sexual assault, except
that such funds may not be used to pay for forensic medical exams by
any State or Indian tribal government that requires victims of sexual
assault to seek reimbursement for such exams from their insurance
carriers.
``(d) Rule of Construction.--Nothing in this section shall be
construed to require a victim of sexual assault to participate in the
criminal justice system or cooperate with law enforcement in order to
be provided with a forensic medical exam, reimbursement for charges
incurred on account of such an exam, or both.''.
(f) Technical Amendment.--The heading for Part T of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et
seq.) is amended to read as follows:
``PART T--GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN''.
SEC. 225. EXPANSION OF GRANT PROGRAMS ASSISTING ENFORCEMENT OF DOMESTIC
VIOLENCE CASES TO ALSO ASSIST ENFORCEMENT OF SEXUAL
ASSAULT CASES.
(a) Grants to Encourage Domestic Violence Arrest Policies.--Section
2101 of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796hh) is amended--
(1) in subsection (a), by striking ``to treat domestic
violence as a serious violation'' and inserting ``to treat
domestic violence and sexual assault as serious violations'';
(2) in subsection (b)--
(A) in each of paragraphs (2) and (5), by striking
``domestic violence and dating violence'' and inserting
``domestic violence, sexual assault, and dating
violence'';
(B) in paragraph (3), by striking ``domestic
violence cases'' and inserting ``domestic violence and
sexual assault cases''; and
(C) in paragraph (6), by striking ``about domestic
violence'' and inserting ``about domestic violence and
sexual assault''; and
(3) in subsection (d), by striking ``In this section, the
term'' and inserting ``In this part--
``(1) the term `sexual assault' has the meaning given the
term in section 2008; and
``(2) the term''.
(b) Applications.--Section 2102(b) of such Act (42 U.S.C. 3796hh-
1(b)) is amended in each of paragraphs (1) and (2) by inserting after
``involving domestic violence'' the following: ``or sexual assault''.
(c) Rural Domestic Violence and Child Abuse Enforcement
Assistance.--Section 40295(a) of the Violence Against Women Act of 1994
(title IV of the Violent Crime Control and Law Enforcement Act of 1994;
42 U.S.C. 13971(a)) is amended in each of paragraphs (1) and (2) by
striking ``domestic violence and dating violence (as defined in section
2003'' and inserting ``domestic violence, sexual assault, and dating
violence (as such terms are defined in section 2008''.
SEC. 226. CHANGE OF CERTAIN REPORTS FROM ANNUAL TO BIENNIAL.
(a) Stalking and Domestic Violence.--Section 40610 of the Violence
Against Women Act of 1994 (title IV of the Violent Crime Control and
Law Enforcement Act of 1994; 42 U.S.C. 14039) is amended by striking
``The Attorney General shall submit to the Congress an annual report,
beginning one year after the date of the enactment of this Act, that
provides'' and inserting ``Each even-numbered fiscal year, the Attorney
General shall submit to the Congress a biennial report that provides''.
(b) Safe Havens for Children.--Section 1301(d)(1) of the Victims of
Trafficking and Violence Protection Act of 2000 (42 U.S.C. 10420(d)(1))
is amended in the matter preceding subparagraph (A) by striking ``Not
later than 1 year after the last day of the first fiscal year
commencing on or after the date of the enactment of this Act, and not
later than 180 days after the last day of each fiscal year
thereafter,'' and inserting ``Not later than one month after the end of
each even-numbered fiscal year,''.
SEC. 227. CLARIFICATION OF RECIPIENTS AND PROGRAMS ELIGIBLE FOR GRANTS
UNDER RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT
ASSISTANCE PROGRAM.
Section 40295 of the Violence Against Women Act of 1994 (title IV
of the Violent Crime Control and Law Enforcement Act of 1994; 42 U.S.C.
13971) is amended as follows:
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``to States, Indian tribal governments, and
local governments of rural States, and to other public or
private entities of rural States'' and inserting ``to States,
Indian tribal governments, local governments, and public or
private entities, for programs serving rural areas or rural
communities''; and
(2) in subsection (b)--
(A) by inserting ``(1) the term'' before ```Indian
tribe' means'';
(B) by striking ``Indians.'' and all that follows
through the period at the end and inserting ``Indians;
and
``(2) the terms `rural area' and `rural community' have the
meanings given those terms in section 491(k)(2) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11408(k)(2)).''.
Subtitle D--Preventing Crime
SEC. 231. CLARIFICATION OF DEFINITION OF VIOLENT OFFENDER FOR PURPOSES
OF JUVENILE DRUG COURTS.
Section 2953(b) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3797u-2(b)) is amended in the matter preceding
paragraph (1) by striking ``an offense that'' and inserting ``a felony-
level offense that''.
SEC. 232. CHANGES TO DISTRIBUTION AND ALLOCATION OF GRANTS FOR DRUG
COURTS.
(a) Minimum Allocation Repealed.--Section 2957 of such Act (42
U.S.C. 3797u-6) is amended by striking subsection (b).
(b) Technical Assistance and Training.--Such section is further
amended by adding at the end the following new subsection:
``(b) Technical Assistance and Training.--Unless one or more
applications submitted by any State or unit of local government within
such State (other than an Indian tribe) for a grant under this part has
been funded in any fiscal year, such State, together with eligible
applicants within such State, shall be provided targeted technical
assistance and training by the Community Capacity Development Office to
assist such State and such eligible applicants to successfully compete
for future funding under this part.''.
SEC. 233. ELIGIBILITY FOR GRANTS UNDER DRUG COURT GRANTS PROGRAM
EXTENDED TO COURTS THAT SUPERVISE NON-OFFENDERS WITH
SUBSTANCE ABUSE PROBLEMS.
Section 2951(a)(1) of such Act (42 U.S.C. 3797u(a)(1)) is amended
by striking ``offenders with substance abuse problems'' and inserting
``offenders, and other individuals under the jurisdiction of the court,
with substance abuse problems''.
SEC. 234. TERM OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM FOR
LOCAL FACILITIES.
Section 1904 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796ff-3) is amended by adding at the end the following
new subsection:
``(d) Definition.--In this section, the term `jail-based substance
abuse treatment program' means a course of individual and group
activities, lasting for a period of not less than 3 months, in an area
of a correctional facility set apart from the general population of the
correctional facility, if those activities are--
``(1) directed at the substance abuse problems of the
prisoners; and
``(2) intended to develop the cognitive, behavioral, and
other skills of prisoners in order to address the substance
abuse and related problems of prisoners.''.
Subtitle E--Other Matters
SEC. 241. CHANGES TO CERTAIN FINANCIAL AUTHORITIES.
(a) Certain Programs That Are Exempt from Paying States Interest on
Late Disbursements Also Exempted from Paying Charge to Treasury for
Untimely Disbursements.--Section 204(f) of such Act (116 Stat. 1776; 31
U.S.C. 6503 note) is amended--
(1) by striking ``section 6503(d)'' and inserting
``sections 3335(b) or 6503(d)''; and
(2) by striking ``section 6503'' and inserting ``sections
3335(b) or 6503''.
(b) Southwest Border Prosecutor Initiative Included Among Such
Exempted Programs.--Section 204(f) of such Act is further amended by
striking ``pursuant to section 501(a)'' and inserting ``pursuant to the
Southwest Border Prosecutor Initiative (as carried out pursuant to
paragraph (3) (117 Stat. 64) under the heading relating to Community
Oriented Policing Services of the Department of Justice Appropriations
Act, 2003 (title I of division B of Public Law 108-7), or as carried
out pursuant to any subsequent authority) or section 501(a)''.
(c) Funds Available for ATFE May Be Used for Aircraft, Boats,
Ammunition, Firearms, Firearms Competitions, and Any Authorized
Activity.--Section 530C(b) of title 28, United States Code, is
amended--
(1) in paragraph (2), in each of subparagraphs (A) and (B),
by inserting ``for the Bureau of Alcohol, Tobacco, Firearms,
and Explosives,'' before ``for the Drug Enforcement
Administration,''; and
(2) by adding at the end the following new paragraph:
``(8) Bureau of Alcohol, Tobacco, Firearms, and
Explosives.--Funds available to the Attorney General for the
Bureau of Alcohol, Tobacco, Firearms, and Explosives may be
used for the conduct of all its authorized activities.''.
(d) Audits and Reports on ATFE Undercover Investigative
Operations.--Section 102(b) of the Department of Justice and Related
Agencies Appropriations Act, 1993 (28 U.S.C. 533 note), as in effect
pursuant to section 815(d) of the Antiterrorism and Effective Death
Penalty Act of 1996 (28 U.S.C. 533 note) shall apply with respect to
the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the
undercover investigative operations of the Bureau on the same basis as
such section applies with respect to any other agency and the
undercover investigative operations of such agency.
SEC. 242. COORDINATION DUTIES OF ASSISTANT ATTORNEY GENERAL.
(a) Coordinate and Support Office for Victims of Crime.--Section
102 of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3712) is amended in subsection (a)(5) by inserting after ``the
Bureau of Justice Statistics,'' the following: ``the Office for Victims
of Crime,''.
(b) Setting Grant Conditions and Priorities.--Such section is
further amended in subsection (a)(6) by inserting ``, including placing
special conditions on all grants, and determining priority purposes for
formula grants'' before the period at the end.
SEC. 243. SIMPLIFICATION OF COMPLIANCE DEADLINES UNDER SEX-OFFENDER
REGISTRATION LAWS.
(a) Compliance Period.--A State shall not be treated, for purposes
of any provision of law, as having failed to comply with section 170101
(42 U.S.C. 14071) or 170102 (42 U.S.C. 14072) of the Violent Crime
Control and Law Enforcement Act of 1994 until 36 months after the date
of the enactment of this Act, except that the Attorney General may
grant an additional 24 months to a State that is making good faith
efforts to comply with such sections.
(b) Time for Registration of Current Address.--Subsection (a)(1)(B)
of such section 170101 is amended by striking ``unless such requirement
is terminated under'' and inserting ``for the time period specified
in''.
SEC. 244. REPEAL OF CERTAIN PROGRAMS.
(a) Safe Streets Act Programs.--The following provisions of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 are repealed:
(1) Criminal justice facility construction pilot program.--
Part F (42 U.S.C. 3769-3769d).
(2) Matching grant program for school security.--Part AA
(42 U.S.C. 3797a-3797e).
(b) Violent Crime Control and Law Enforcement Act Programs.--The
following provisions of the Violent Crime Control and Law Enforcement
Act of 1994 are repealed:
(1) Local crime prevention block grant program.--Subtitle B
of title III (42 U.S.C. 13751-13758).
(2) Assistance for delinquent and at-risk youth.--Subtitle
G of title III (42 U.S.C. 13801-13802).
(3) Improved training and technical automation.--Subtitle E
of title XXI (42 U.S.C. 14151).
(4) Other state and local aid.--Subtitle F of title XXI (42
U.S.C. 14161).
SEC. 245. ELIMINATION OF CERTAIN NOTICE AND HEARING REQUIREMENTS.
Part H of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 is amended as follows:
(1) Notice and hearing on denial or termination of grant.--
Section 802 (42 U.S.C. 3783) of such part is amended--
(A) by striking subsections (b) and (c); and
(B) by striking ``(a)'' before ``Whenever,''.
(2) Finality of determinations.--Section 803 (42 U.S.C.
3784) of such part is amended--
(A) by striking ``, after reasonable notice and
opportunity for a hearing,''; and
(B) by striking ``, except as otherwise provided
herein''.
(3) Repeal of appellate court review.--Section 804 (42
U.S.C. 3785) of such part is repealed.
SEC. 246. AMENDED DEFINITIONS FOR PURPOSES OF OMNIBUS CRIME CONTROL AND
SAFE STREETS ACT OF 1968.
Section 901 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3791) is amended as follows:
(1) Indian tribe.--Subsection (a)(3)(C) of such section is
amended by striking ``(as that term is defined in section 103
of the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5603))''.
(2) Combination.--Subsection (a)(5) of such section is
amended by striking ``program or project'' and inserting
``program, plan, or project''.
(3) Neighborhood or community-based organizations.--
Subsection (a)(11) of such section is amended by striking
``which'' and inserting ``, including faith-based, that''.
(4) Indian tribe; private person.--Subsection (a) of such
section is further amended--
(A) in paragraph (24) by striking ``and'' at the
end;
(B) in paragraph (25) by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(26) the term `Indian Tribe' has the meaning given the
term `Indian tribe' in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e));
and
``(27) the term `private person' means any individual
(including an individual acting in his official capacity) and
any private partnership, corporation, association,
organization, or entity (or any combination thereof).''.
SEC. 247. CLARIFICATION OF AUTHORITY TO PAY SUBSISTENCE PAYMENTS TO
PRISONERS FOR HEALTH CARE ITEMS AND SERVICES.
Section 4006 of title 18, United States Code, is amended--
(1) in subsection (a) by inserting after ``The Attorney
General'' the following: ``or the Secretary of Homeland
Security, as applicable,''; and
(2) in subsection (b)(1)--
(A) by striking ``the Immigration and
Naturalization Service'' and inserting ``the Department
of Homeland Security'';
(B) by striking ``shall not exceed the lesser of
the amount'' and inserting ``shall be the amount
billed, not to exceed the amount'';
(C) by striking ``items and services'' and all that
follows through ``the Medicare program'' and inserting
``items and services under the Medicare program''; and
(D) by striking ``; or'' and all that follows
through the period at the end and inserting a period.
SEC. 248. OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT.
(a) In General.--Part A of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by adding after section 104, as
added by section 211 of this Act, the following new section:
``SEC. 105. OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT.
``(a) Establishment.--
``(1) In general.--There is established within the Office
an Office of Audit, Assessment, and Management, headed by a
Director appointed by the Attorney General. In carrying out the
functions of the Office, the Director shall be subject to the
authority, direction, and control of the Attorney General. Such
authority, direction, and control may be delegated only to the
Assistant Attorney General, without redelegation.
``(2) Purpose.--The purpose of the Office shall be to carry
out and coordinate performance audits of, take actions to
ensure compliance with the terms of, and manage information
with respect to, grants under programs covered by subsection
(b).
``(3) Exclusivity.--The Office shall be the exclusive
element of the Department of Justice, other than the Inspector
General, performing functions and activities for the purpose
specified in paragraph (2). There are hereby transferred to the
Office all functions and activities, other than functions and
activities of the Inspector General, for such purpose performed
immediately before the date of the enactment of this Act by any
other element of the Department.
``(b) Covered Programs.--The programs referred to in subsection (a)
are the following:
``(1) The program under part Q of this title.
``(2) Any grant program carried out by the Office of
Justice Programs.
``(3) Any other grant program carried out by the Department
of Justice that the Attorney General considers appropriate.
``(c) Performance Audits Required.--
``(1) In general.--The Director shall select grants awarded
under the programs covered by subsection (b) and carry out
performance audits on such grants. In selecting such grants,
the Director shall ensure that the aggregate amount awarded
under the grants so selected represent not less than 10 percent
of the aggregate amount of money awarded under all such grant
programs.
``(2) Relationship to nij evaluations.--This subsection
does not affect the authority or duty of the Director of the
National Institute of Justice to carry out overall evaluations
of programs covered by subsection (b), except that such
Director shall consult with the Director of the Office in
carrying out such evaluations.
``(3) Timing of performance audits.--The performance audit
required by paragraph (1) of a grant selected under paragraph
(1) shall be carried out--
``(A) not later than the end of the grant period,
if the grant period is not more than 1 year; and
``(B) at the end of each year of the grant period,
if the grant period is more than 1 year.
``(d) Compliance Actions Required.--The Director shall take such
actions to ensure compliance with the terms of a grant as the Director
considers appropriate with respect to each grant that the Director
determines (in consultation with the head of the element of the
Department of Justice concerned), through a performance audit under
subsection (a) or other means, is not in compliance with such terms. In
the case of a misuse of more than 1 percent of the grant amount
concerned, the Director shall, in addition to any other action to
ensure compliance that the Director considers appropriate, ensure that
the entity responsible for such misuse ceases to receive any funds
under any program covered by subsection (b) until such entity repays to
the Attorney General an amount equal to the amounts misused. The
Director may, in unusual circumstances, grant relief from this
requirement to ensure that an innocent party is not punished.
``(e) Grant Management System.--The Director shall establish and
maintain, in consultation with the chief information officer of the
Office, a modern, automated system for managing all information
relating to the grants made under the programs covered by subsection
(b).
``(f) Availability of Funds.--Not to exceed 5 percent of all
funding made available for a fiscal year for the programs covered by
subsection (b) shall be reserved for the activities of the Office of
Audit, Assessment, and Management as authorized by this section.''.
(b) Effective Date.--This section and the amendment made by this
section take effect 90 days after the date of the enactment of this
Act.
SEC. 249. COMMUNITY CAPACITY DEVELOPMENT OFFICE.
(a) In General.--Part A of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by adding after section 105, as
added by section 248 of this Act, the following new section:
``SEC. 106. COMMUNITY CAPACITY DEVELOPMENT OFFICE.
``(a) Establishment.--
``(1) In general.--There is established within the Office a
Community Capacity Development Office, headed by a Director
appointed by the Attorney General. In carrying out the
functions of the Office, the Director shall be subject to the
authority, direction, and control of the Attorney General. Such
authority, direction, and control may be delegated only to the
Assistant Attorney General, without redelegation.
``(2) Purpose.--The purpose of the Office shall be to
provide training to actual and prospective participants under
programs covered by section 105(b) to assist such participants
in understanding the substantive and procedural requirements
for participating in such programs.
``(3) Exclusivity.--The Office shall be the exclusive
element of the Department of Justice performing functions and
activities for the purpose specified in paragraph (2). There
are hereby transferred to the Office all functions and
activities for such purpose performed immediately before the
date of the enactment of this Act by any other element of the
Department.
``(b) Means.--The Director shall, in coordination with the heads of
the other elements of the Department, carry out the purpose of the
Office through the following means:
``(1) Promoting coordination of public and private efforts
and resources within or available to States, units of local
government, and neighborhood and community-based organizations.
``(2) Providing information, training, and technical
assistance.
``(3) Providing support for inter- and intra-agency task
forces and other agreements and for assessment of the
effectiveness of programs, projects, approaches, or practices.
``(4) Providing in the assessment of the effectiveness of
neighborhood and community-based law enforcement and crime
prevention strategies and techniques, in coordination with the
National Institute of Justice.
``(5) Any other similar means.
``(c) Locations.--Training referred to in subsection (a) shall be
provided on a regional basis to groups of such participants. In a case
in which remedial training is appropriate, as recommended by the
Director or the head of any element of the Department, such training
may be provided on a local basis to a single such participant.
``(d) Best Practices.--The Director shall--
``(1) identify grants under which clearly beneficial
outcomes were obtained, and the characteristics of those grants
that were responsible for obtaining those outcomes; and
``(2) incorporate those characteristics into the training
provided under this section.
``(e) Availability of Funds.--Not to exceed 5 percent of all
funding made available for a fiscal year for the programs covered by
section 105(b) shall be reserved for the activities of the Community
Capacity Development Office as authorized by this section.''.
(b) Effective Date.--This section and the amendment made by this
section take effect 90 days after the date of the enactment of this
Act.
SEC. 250. OFFICE OF APPLIED LAW ENFORCEMENT TECHNOLOGY.
(a) In General.--Part A of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by adding after section 106, as
added by section 249 of this Act, the following new section:
``SEC. 107. OFFICE OF APPLIED LAW ENFORCEMENT TECHNOLOGY.
``(a) Establishment.--There is established within the Office an
Office of Applied Law Enforcement Technology, headed by a Director
appointed by the Attorney General. The purpose of the Office shall be
to provide leadership and focus to those grants of the Department of
Justice that are made for the purpose of using or improving law
enforcement computer systems.
``(b) Duties.--In carrying out the purpose of the Office, the
Director shall--
``(1) establish clear minimum standards for computer
systems that can be purchased using amounts awarded under such
grants; and
``(2) ensure that recipients of such grants use such
systems to participate in crime reporting programs administered
by the Department.''.
(b) Effective Date.--This section and the amendment made by this
section take effect 90 days after the date of the enactment of this
Act.
SEC. 251. AVAILABILITY OF FUNDS FOR GRANTS.
(a) In General.--Part A of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by adding after section 107, as
added by section 250 of this Act, the following new section:
``SEC. 108. AVAILABILITY OF FUNDS.
``(a) Period for Awarding Grant Funds.--
``(1) In general.--Unless otherwise specifically provided
in an authorization, DOJ grant funds for a fiscal year shall
remain available to be awarded and distributed to a grantee
only in that fiscal year and the three succeeding fiscal years,
subject to paragraphs (2) and (3). DOJ grant funds not so
awarded and distributed shall revert to the Treasury.
``(2) Treatment of reprogrammed funds.--DOJ grant funds for
a fiscal year that are reprogrammed in a later fiscal year
shall be treated for purposes of paragraph (1) as DOJ grant
funds for such later fiscal year.
``(3) Treatment of deobligated funds.--If DOJ grant funds
were obligated and then deobligated, the period of availability
that applies to those grant funds under paragraph (1) shall be
extended by a number of days equal to the number of days from
the date on which those grant funds were obligated to the date
on which those grant funds were deobligated.
``(b) Period for Expending Grant Funds.--DOJ grant funds for a
fiscal year that have been awarded and distributed to a grantee may be
expended by that grantee only in the period permitted under the terms
of the grant. DOJ grant funds not so expended shall revert to the
Treasury.
``(c) Definition.--In this section, the term `DOJ grant funds'
means, for a fiscal year, amounts appropriated for activities of the
Department of Justice in carrying out grant programs for that fiscal
year.
``(d) Applicability.--This section applies to DOJ grant funds for
fiscal years beginning with fiscal year 2004.''.
(b) Effective Date.--This section and the amendment made by this
section take effect 90 days after the date of the enactment of this
Act.
SEC. 252. CONSOLIDATION OF FINANCIAL MANAGEMENT SYSTEMS OF OFFICE OF
JUSTICE PROGRAMS.
(a) Consolidation of Accounting Activities and Procurement
Activities.--The Assistant Attorney General of the Office of Justice
Programs shall ensure that--
(1) all accounting activities for all elements of the
Office of Justice Programs are carried out under the direct
management of the Office of the Comptroller; and
(2) all procurement activities for all elements of the
Office are carried out under the direct management of the
Office of Administration.
(b) Further Consolidation of Procurement Activities.--The Assistant
Attorney General shall ensure that, on and after September 30, 2007--
(1) all procurement activities for all elements of the
Office are carried out through a single management office; and
(2) all contracts and purchase orders used in carrying out
those activities are processed through a single procurement
system.
(c) Consolidation of Financial Management Systems.--The Assistant
Attorney General shall ensure that, on and after September 30, 2010,
all financial management activities (including human resources,
payroll, and accounting activities, as well as procurement activities)
of all elements of the Office are carried out through a single
financial management system.
(d) Achieving Compliance.--
(1) Schedule.--The Assistant Attorney General shall
undertake a scheduled consolidation of operations to achieve
compliance with the requirements of this section.
(2) Specific requirements.--With respect to achieving
compliance with the requirements of--
(A) subsection (a), the consolidation of operations
shall be initiated not later than 90 days after the
date of the enactment of this Act; and
(B) subsections (b) and (c), the consolidation of
operations shall be initiated not later than September
30, 2005, and shall be carried out by the Office of
Administration, in consultation with the Chief
Information Officer and the Office of Audit,
Assessment, and Management.
SEC. 253. AUTHORIZATION AND CHANGE OF COPS PROGRAM TO SINGLE GRANT
PROGRAM.
(a) In General.--Section 1701 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Grant Authorization.--The Attorney General shall carry out a
single grant program under which the Attorney General makes grants to
States, units of local government, Indian tribal governments, other
public and private entities, and multi-jurisdictional or regional
consortia for the purposes described in subsection (b).'';
(2) by striking subsections (b) and (c);
(3) by redesignating subsection (d) as subsection (b), and
in that subsection--
(A) by striking ``Additional Grant Projects.--
Grants made under subsection (a) may include programs,
projects, and other activities to--'' and inserting
``Uses of Grant Amounts.--The purposes for which grants
made under subsection (a) may be made are--'';
(B) by redesignating paragraphs (1) through (12) as
paragraphs (5) through (16), respectively;
(C) by inserting before paragraph (5) (as so
redesignated) the following new paragraphs:
``(1) rehire law enforcement officers who have been laid
off as a result of State and local budget reductions for
deployment in community-oriented policing;
``(2) hire and train new, additional career law enforcement
officers for deployment in community-oriented policing across
the Nation;
``(3) procure equipment, technology, or support systems, or
pay overtime, to increase the number of officers deployed in
community-oriented policing;
``(4) improve security at schools and on school grounds in
the jurisdiction of the grantee through--
``(A) placement and use of metal detectors, locks,
lighting, and other deterrent measures;
``(B) security assessments;
``(C) security training of personnel and students;
``(D) coordination with local law enforcement; and
``(E) any other measure that, in the determination
of the Attorney General, may provide a significant
improvement in security;''; and
(D) by amending paragraph (8) (as so redesignated)
to read as follows:
``(8) develop new technologies, including interoperable
communications technologies, modernized criminal record
technology, and forensic technology, to assist State and local
law enforcement agencies in reorienting the emphasis of their
activities from reacting to crime to preventing crime and to
train law enforcement officers to use such technologies;'';
(4) by redesignating subsections (e) through (k) as
subsections (c) through (i), respectively;
(5) in subsection (c) (as so redesignated) by striking
``subsection (i)'' and inserting ``subsection (g)''; and
(6) by adding at the end the following new subsection:
``(j) Matching Funds for School Security Grants.--Notwithstanding
subsection (i), in the case of a grant under subsection (a) for the
purposes described in subsection (b)(4)--
``(1) the portion of the costs of a program provided by
that grant may not exceed 50 percent;
``(2) 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 to provide the non-Federal share of a
matching requirement funded under this subsection; and
``(3) 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.''.
(b) Conforming Amendment.--Section 1702 of title I of such Act (42
U.S.C. 3796dd-1) is amended in subsection (d)(2) by striking ``section
1701(d)'' and inserting ``section 1701(b)''.
(c) Authorization of Appropriations.--Section 1001(a)(11) of title
I of such Act (42 U.S.C. 3793(a)(11)) is amended--
(1) in subparagraph (A) by striking clause (i) and all that
follows through the period at the end and inserting the
following:
``(i) $1,007,624,000 for fiscal year 2004;
``(ii) $1,027,176,000 for fiscal year 2005; and
``(iii) $1,047,119,000 for fiscal year 2006.''; and
(2) in subparagraph (B)--
(A) by striking ``section 1701(f)'' and inserting
``section 1701(d)''; and
(B) by striking the third sentence.
SEC. 254. CLARIFICATION OF PERSONS ELIGIBLE FOR BENEFITS UNDER PUBLIC
SAFETY OFFICERS' DEATH BENEFITS PROGRAMS.
(a) Persons Eligible for Death Benefits.--Section 1204 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b),
as most recently amended by section 2(a) of the Mychal Judge Police and
Fire Chaplains Public Safety Officers' Benefit Act of 2002 (Public Law
107-196; 116 Stat. 719), is amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively;
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) `member of a rescue squad or ambulance crew' means an
officially recognized or designated public employee member of a
rescue squad or ambulance crew;''; and
(3) in paragraph (4) by striking ``and'' and all that
follows through the end and inserting a semicolon.
(b) Clarification of Limitation on Payments in Non-Civilian
Cases.--Section 1202(5) of such Act (42 U.S.C. 3796a(5)) is amended by
inserting ``with respect'' before ``to any individual''.
(c) Waiver of Collection in Certain Cases.--Section 1201 of such
Act (42 U.S.C. 3796) is amended by adding at the end the following:
``(k) In any case in which the Bureau paid, before the date of the
enactment of Public Law 107-196, any benefit under this part to an
individual who--
``(1) before the enactment of that law was entitled to
receive that benefit; and
``(2) by reason of the retroactive effective date of that
law is no longer entitled to receive that benefit,
``the Bureau may suspend or end activities to collect that benefit if
the Bureau determines that collecting that benefit is impractical or
would cause undue hardship to that individual.''.
(d) Designation of Beneficiary.--Section 1201(a)(4) of such Act (42
U.S.C. 3796(a)(4)) is amended to read as follows:
``(4) if there is no surviving spouse or surviving child--
``(A) in the case of a claim made on or after the
date that is 90 days after the date of the enactment of
this subparagraph, to the individual designated by such
officer as beneficiary under this section in such
officer's most recently executed designation of
beneficiary on file at the time of death with such
officer's public safety agency, organization, or unit,
provided that such individual survived such officer; or
``(B) if there is no individual qualifying under
subparagraph (A), to the individual designated by such
officer as beneficiary under such officer's most
recently executed life insurance policy, provided that
such individual survived such officer; or''.
SEC. 255. RESEARCH-BASED BULLYING PREVENTION PROGRAMS.
Paragraph (13) of section 1801(b) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796ee(b)) is amended by inserting
before the semicolon at the end the following: ``, which may include
research-based bullying prevention programs''.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. TECHNICAL AMENDMENTS RELATING TO PUBLIC LAW 107-56.
(a) Striking Surplus Words.--
(1) Section 2703(c)(1) of title 18, United States Code, is
amended by striking ``or'' at the end of subparagraph (C).
(2) Section 1960(b)(1)(C) of title 18, United States Code,
is amended by striking ``to be used to be used'' and inserting
``to be used''.
(b) Punctuation and Grammar Corrections.--Section 2516(1)(q) of
title 18, United States Code, is amended--
(1) by striking the semicolon after the first close
parenthesis; and
(2) by striking ``sections'' and inserting ``section''.
(c) Cross Reference Correction.--Section 322 of Public Law 107-56
is amended, effective on the date of the enactment of that section, by
striking ``title 18'' and inserting ``title 28''.
(d) Capitalization Correction.--Subsections (a) and (b) of section
2703 of title 18, United States Code, are each amended by striking
``Contents of wire or electronic'' and inserting ``Contents of Wire or
Electronic''.
SEC. 302. MISCELLANEOUS TECHNICAL AMENDMENTS.
(a) Punctuation Corrections.--The heading for section 1591 of title
18, United States Code, is amended by inserting a comma after
``fraud''.
(b) Duplicate Section Numbers.--The second section 540C in chapter
33 of title 28, United States Code, is redesignated as section 540D,
and the item relating to that section in the table of sections at the
beginning of that chapter is redesignated accordingly and transferred
so as to be placed after the item relating to section 540C.
(c) Table of Sections Omission.--The table of sections at the
beginning of chapter 203 of title 18, United States Code, is amended by
inserting after the item relating to section 3050 the following new
item:
``3051. Powers of Special Agents of Bureau of Alcohol, Tobacco,
Firearms, and Explosives.''.
(d) Repeal of Duplicative Program.--Section 316 of Part A of the
Runaway and Homeless Youth Act (42 U.S.C. 5712d), as added by section
40155 of the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322; 108 Stat. 1922), is repealed.
SEC. 303. MINOR SUBSTANTIVE AMENDMENT RELATING TO CONTENTS OF FBI
ANNUAL REPORT.
Section 540D(b)(1)(A) of title 28, United States Code, as
redesignated by section 302(b), is further amended by inserting ``and
the number of such personnel who receive danger pay under section 151
of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991
(5 U.S.C. 5928 note)'' after ``year''.
SEC. 304. USE OF FEDERAL TRAINING FACILITIES.
(a) Federal Training Facilities.--Unless specifically authorized in
writing by the Attorney General, the Department of Justice (and each
entity within it) shall use for any predominately internal training or
conference meeting only a facility that does not require a payment to a
private entity for use of the facility.
(b) Annual Report.--The Attorney General shall prepare an annual
report to the Chairmen and ranking minority members of the Committees
on the Judiciary of the Senate and of the House of Representatives that
details each training and conference meeting that requires specific
authorization under subsection (a). The report shall include an
explanation of why the facility was chosen, and a breakdown of any
expenditures incurred in excess of the cost of conducting the training
or meeting at a facility that did not require such authorization.
SEC. 305. PRIVACY OFFICER.
(a) In General.--The Attorney General shall designate a senior
official in the Department of Justice to assume primary responsibility
for privacy policy.
(b) Responsibilities.--The responsibilities of such official shall
include--
(1) assuring that the use of technologies sustain, and do
not erode, privacy protections relating to the use, collection,
and disclosure of personally identifiable information;
(2) assuring that personally identifiable information
contained in systems of records is handled in full compliance
with fair information practices as set out in section 552a of
title 5, United States Code;
(3) evaluating legislative and regulatory proposals
involving collection, use, and disclosure of personally
identifiable information by the Federal Government;
(4) conducting a privacy impact assessment of proposed
rules of the Department on the privacy of personally
identifiable information, including the type of personally
identifiable information collected and the number of people
affected;
(5) preparing a report to Congress on an annual basis on
activities of the Department that affect privacy, including
complaints of privacy violations, implementation of section
552a of title 5, United States Code, internal controls, and
other relevant matters;
(6) ensuring that the Department protects personally
identifiable information and information systems from
unauthorized access, use, disclosure, disruption, modification,
or destruction in order to provide--
(A) integrity, which means guarding against
improper information modification or destruction, and
includes ensuring information nonrepudiation and
authenticity;
(B) confidentially, which means preserving
authorized restrictions on access and disclosure,
including means for protecting personal privacy and
proprietary information;
(C) availability, which means ensuring timely and
reliable access to and use of that information; and
(D) authentication, which means utilizing digital
credentials to assure the identity of users and
validate their access; and
(7) advising the Attorney General and the Director of the
Office of Management and Budget on information security and
privacy issues pertaining to Federal Government information
systems.
(c) Review.--The Department of Justice shall review its policies to
assure that the Department treats personally identifiable information
in its databases in a manner that complies with applicable Federal law
on privacy.
SEC. 306. BANKRUPTCY CRIMES.
The Director of the Executive Office for United States Trustees
shall prepare an annual report to the Congress detailing--
(1) the number and types of criminal referrals made by the
United States Trustee Program;
(2) the outcomes of each criminal referral;
(3) for any year in which the number of criminal referrals
is less than for the prior year, an explanation of the
decrease; and
(4) the United States Trustee Program's efforts to prevent
bankruptcy fraud and abuse, particularly with respect to the
establishment of uniform internal controls to detect common,
higher risk frauds, such as a debtor's failure to disclose all
assets.
SEC. 307. REPORT TO CONGRESS ON STATUS OF UNITED STATES PERSONS OR
RESIDENTS DETAINED ON SUSPICION OF TERRORISM.
Not less often than once every 12 months, the Attorney General
shall submit to Congress a report on the status of United States
persons or residents detained, as of the date of the report, on
suspicion of terrorism. The report shall--
(1) specify the number of persons or residents so detained;
and
(2) specify the standards developed by the Department of
Justice for recommending or determining that a person should be
tried as a criminal defendant or should be designated as an
enemy combatant.
SEC. 308. TECHNICAL CORRECTION RELATING TO DEFINITION USED IN
``TERRORISM TRANSCENDING NATIONAL BOUNDARIES'' STATUTE.
Section 1958 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``facility in'' and
inserting ``facility of''; and
(2) in subsection (b)(2), by inserting ``or foreign'' after
``interstate''.
SEC. 309. INCREASED PENALTIES AND EXPANDED JURISDICTION FOR SEXUAL
ABUSE OFFENSES IN CORRECTIONAL FACILITIES.
(a) Expanded Jurisdiction.--The following provisions of title 18,
United States Code, are each amended by inserting ``or in the custody
of the Attorney General or the Bureau of Prisons or any institution or
facility in which the person is confined by direction of the Attorney
General,'' after ``in a Federal prison,'':
(1) Subsections (a) and (b) of section 2241.
(2) The first sentence of subsection (c) of section 2241.
(3) Section 2242.
(4) Subsections (a) and (b) of section 2243.
(5) Subsections (a) and (b) of section 2244.
(b) Increased Penalties.--
(1) Sexual abuse of a ward.--Section 2243(b) of such title
is amended by striking ``one year'' and inserting ``five
years''.
(2) Abusive sexual contact.--Section 2244 of such title is
amended by striking ``six months'' and inserting ``two years''
in each of subsections (a)(4) and (b).
SEC. 310. EXPANDED JURISDICTION FOR CONTRABAND OFFENSES IN CORRECTIONAL
FACILITIES.
Section 1791(a) of title 18, United States Code, is amended in each
of paragraphs (1) and (2) by inserting ``or an individual in the
custody of the Attorney General or the Bureau of Prisons or any
institution or facility in which the person is confined by direction of
the Attorney General'' after ``an inmate of a prison''.
SEC. 311. MAGISTRATE JUDGE'S AUTHORITY TO CONTINUE PRELIMINARY HEARING.
The second sentence of section 3060(c) of title 18, United States
Code, is amended to read as follows: ``In the absence of such consent
of the accused, the judge or magistrate judge may extend the time
limits only on a showing that extraordinary circumstances exist and
justice requires the delay.''.
SEC. 312. RECOGNIZING THE 40TH ANNIVERSARY OF THE FOUNDING OF THE
LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW AND
SUPPORTING THE DESIGNATION OF AN EQUAL JUSTICE DAY.
(a) Findings.--Congress finds that--
(1) on June 21, 1963, President John F. Kennedy and
Attorney General Robert F. Kennedy convened 244 members of the
National, State, and local private bar to provide legal
representation to remedy racial discrimination against minority
communities;
(2) without President Kennedy's vision for racial justice,
the bar would have remained silent in the face of vocal
resistance by Southern State legislatures against
desegregation;
(3) for more than 4 decades, the Lawyers' Committee for
Civil Rights Under Law (hereinafter in this section referred to
as ``Lawyers' Committee'') has worked to advance the civil
rights of African-Americans and other racial and ethnic
minority communities in the areas of environmental protection,
employment, affirmative action, fair housing, education, and
voting;
(4) the Lawyers' Committee operated an office in Jackson,
Mississippi, from 1964 through 1984, which filed numerous cases
that transformed the State, including the defense of civil
rights demonstrators, desegregation of many public institutions
and workforces, reformation of the notorious Parchman Prison,
and numerous voting rights cases resulting in a revolution in
the number of African-American elected officials in State
positions and Congress;
(5) the Lawyers' Committee fought for passage of the Civil
Rights Act of 1964, Voting Rights Act of 1965 and the 1982
Amendments, Fair Housing Act of 1988, Civil Rights Act of 1991,
and National Voter Registration Act of 1993;
(6) the Lawyers' Committee secured a landmark, unanimous
United States Supreme Court decision that strengthened first
amendment protections for peaceful political boycotts in
Claiborne Hardware Co. v. NAACP;
(7) the Lawyers' Committee created a police community
relations program in 1965 that recruited African-Americans for
law enforcement positions and eased tensions between law
enforcement officers and African-American communities;
(8) the Lawyers' Committee defended the students of Jackson
State University following police shootings upon a peaceful
demonstration that killed 2 persons and wounded a dozen others;
(9) the Lawyers' Committee operated its Cairo, Illinois
office from 1969 through 1972 in response to intense racial
unrest and police brutality in the city;
(10) the Lawyers' Committee recruited attorneys from the
local bar to represent African-Americans who could not obtain
legal counsel during the 1960s;
(11) the Lawyers' Committee transformed African-American
voting strength by litigating critical cases throughout the
South to oppose archaic voter discrimination laws, poll taxes,
and literacy tests that prevented African-Americans from
registering and voting;
(12) the Lawyers' Committee launched the Urban Areas
Project in 1968, which resulted in local independent Lawyers'
Committee offices in Philadelphia, Los Angeles, Boston,
Chicago, San Francisco, Denver, San Antonio, and Washington,
D.C.;
(13) the Lawyers' Committee developed the Southern African
Project, which provided legal assistance to thousands of
political detainees and technical assistance in resisting pro-
apartheid legislation for more than 20 years and which
monitored elections in Namibia in 1989 and elections in South
Africa in 1994;
(14) the Lawyers' Committee led the defense of Executive
Order 11246 when it was attacked during the Reagan
Administration in the 1980s;
(15) the Lawyers' Committee litigated a series of cases
from the 1970s to the present that desegregated police and fire
departments throughout the Nation, notably in the State of
Mississippi and in Miami, Birmingham, Cleveland, Nassau County,
Buffalo, and Houston;
(16) in Givens v. Hamlet Estates, the Lawyers' Committee
acquired the first seizure order in a fair housing case that
led to the exposure of a decade old racial coding system that
denied apartments to 6,000 African-Americans and Hispanics in
Miami, Florida;
(17) the Lawyers' Committee obtained victories in 3 cases
before the United States Supreme Court in 1996-1997 involving
the Voting Rights Act, including Young v. Fordice, Lawyer v.
United States, and King v. State Board of Elections;
(18) the Lawyers' Committee persuaded the Environmental
Protection Agency to relocate 358 African-American families
living around the Escambia toxic Superfund site in Pensacola,
Florida;
(19) the Lawyers' Committee coordinated a Church Burning
Project in the 1990s to provide free legal assistance to
churches that were destroyed during a bitter rampage of
racially motivated church burnings;
(20) in Washington Park Land Committee v. Portsmouth, the
Lawyers' Committee secured a case settlement that led to the
relocation of 185 families from toxic lead poisoned segregated
public housing in Portsmouth, Virginia, to new integrated
housing opportunities; and
(21) June 21, 2003 is the 40th anniversary of the founding
of the Lawyers' Committee.
(b) Recognition.--Pursuant to the findings in subsection (a),
Congress--
(1) recognizes that these accomplishments of the Lawyers'
Committee reflect the tremendous commitment to implementing
justice that President Kennedy embarked on 40 years ago;
(2) recognizes the achievements of the Lawyers' Committee,
as its staff and pro bono attorneys, clients, and friends
commemorate and celebrate its 40th anniversary; and
(3) supports the designation of an appropriate day as
``Equal Justice Day'' in honor of the dedicated work of the
Lawyers' Committee and the many hours of pro bono service
offered by lawyers and law firms throughout this country to
secure justice and equal opportunity for all.
TITLE IV--KOBY MANDELL ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Koby Mandell Act of 2003''.
SEC. 402. FINDINGS.
The Congress finds the following:
(1) Numerous American citizens have been murdered or maimed
by terrorists around the world.
(2) Some American citizens who have been victims of
terrorism overseas have not received from the United States
Government services equal to those received by other such
victims of overseas terrorism.
(3) The United States Government has not devoted adequate
efforts or resources to the apprehension of terrorists who have
harmed American citizens overseas. Monetary rewards for
information leading to the capture of terrorists overseas,
which the government advertises in regions where the terrorists
are believed to be hiding, have not been advertised adequately.
(4) To remedy these and related problems, an office should
be established within the Department of Justice for the purpose
of ensuring equally vigorous efforts to capture all terrorists
who have harmed American citizens overseas and equal treatment
for all American victims of overseas terrorism.
SEC. 403. ESTABLISHMENT OF AN OFFICE IN THE DEPARTMENT OF JUSTICE TO
UNDERTAKE SPECIFIC STEPS TO FACILITATE THE CAPTURE OF
TERRORISTS WHO HAVE HARMED AMERICAN CITIZENS OVERSEAS AND
TO ENSURE THAT ALL AMERICAN VICTIMS OF OVERSEAS TERRORISM
ARE TREATED EQUALLY.
The President shall establish within the Department of Justice an
office (hereinafter in this title the ``Office'') to carry out the
following activities:
(1) The Office shall create the Bringing Terrorists to
Justice program, and in so doing will ensure that--
(A) rewards are offered to capture all terrorists
involved in harming American citizens overseas,
regardless of the terrorists' country of origin or
residence;
(B) such rewards are prominently advertised in the
mass media and public sites in all countries or regions
where such terrorists reside;
(C) the names and photographs and suspects in all
such cases are included on a web site; and
(D) the names of the specific organizations
claiming responsibility for terrorist attacks mentioned
on the site are included in the descriptions of those
attacks.
(2) The Office shall establish and administer a program
which will provide notification for American victims of
overseas terrorism or their immediate family to update them on
the status of efforts to capture the terrorists who harmed
them.
(3) The Office shall work with the other United States
government agencies to expand legal restrictions on the ability
of murderers to reap profits from books or movies concerning
their crimes--the ``Son of Sam'' laws that currently exist in
many States, so as to ensure that terrorists who harm American
citizens overseas are unable to profit from book or movie sales
in the United States.
(4) The Office shall endeavor to determine if terrorists
who have harmed American citizens overseas are serving in their
local police or security forces. Whenever it is found that
terrorists who have harmed American citizens overseas are
serving in their local police or security forces, the Office
shall alert those United States Government agencies involved in
providing assistance, directly or indirectly, to those forces,
and shall request of those agencies that all such assistance be
halted until the aforementioned terrorists are removed from
their positions.
(5) The Office shall undertake a comprehensive assessment
of the pattern of United States indictments and prosecution of
terrorists who have harmed American citizens overseas, in order
to determine the reasons for the absence of indictments of
terrorists residing in some regions. The Office's assessment
shall then be provided to the Attorney General, together with
its recommendations.
(6) The Office shall endeavor to monitor public actions by
governments and regimes overseas pertaining to terrorists who
have harmed American citizens, such as naming of schools,
streets, or other public institutions or sites after such
terrorists. In such instances, the Office shall encourage other
United States Government agencies to halt their provision of
assistance, directly or indirectly, to those institutions.
(7) In cases where terrorists who have harmed Americans
overseas, and are subsequently released from incarceration
abroad, are eligible for further prosecution in the United
States, the Office shall coordinate with other government
agencies to seek the transfer of those terrorists to the United
States for further prosecution.
SEC. 404. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated for fiscal
year 2004 and subsequent fiscal years such sums as may be necessary to
carry out this title.
(b) Availability.--Amounts appropriated under subsection (a) are
authorized to remain available until expended.
TITLE V--MATTERS RELATING TO INTELLIGENCE AND COUNTERINTELLIGENCE
SEC. 501. FBI OFFICE OF COUNTERINTELLIGENCE.
(a) In General.--Chapter 33 of title 28, United States Code, is
amended by inserting after section 535 the following new section:
``Sec. 535A. Office of Counterintelligence
``Subject to the supervision of the Attorney General, the Director
of the Federal Bureau of Investigation may establish an Office of
Counterintelligence within the Bureau to investigate potential
espionage activities within the Bureau.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
535 the following new item:
``535A. Office of Counterintelligence.''.
Passed the House of Representatives March 30, 2004.
Attest:
JEFF TRANDAHL,
Clerk.