108TH CONGRESS

2D SESSION H. R. 3036

AN ACT

To authorize appropriations for the Department of

for other purposes.Justice for fiscal years 2004 through 2006, and

108TH CONGRESS

2D SESSION H. R. 3036

AN ACT

To authorize appropriations for the Department of Justice

for fiscal years 2004 through 2006, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Department of Justice Appropriations Authorization Act,

4 Fiscal Years 2004 through 2006’’.

5 (b) TABLE OF CONTENTS.—The table of contents of

6 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.
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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.
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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.

1 TITLE I—AUTHORIZATION OF

2 APPROPRIATIONS

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FIS4 CAL YEAR 2004.

5 There are authorized to be appropriated for fiscal

6 year 2004, to carry out the activities of the Department

7 of Justice (including any bureau, office, board, division,

8 commission, subdivision, unit, or other component there9 of), the following sums:

10 (1) GENERAL ADMINISTRATION.—For General

11 Administration: $133,772,000.

12 (2) ADMINISTRATIVE REVIEW AND APPEALS.—

13 For Administrative Review and Appeals:

14 $197,420,000 for administration of pardon and

15 clemency petitions and for immigration-related ac16 tivities.
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1 (3) OFFICE OF INSPECTOR GENERAL.—For the

2 Office of Inspector General: $70,000,000, which

3 shall include not to exceed $10,000 to meet unfore4 seen emergencies of a confidential character.

5 (4) GENERAL LEGAL ACTIVITIES.—For General

6 Legal Activities: $665,346,000, which shall

7 include—

8 (A) not less than $4,000,000 for the inves9 tigation and prosecution of denaturalization and

10 deportation cases involving alleged Nazi war

11 criminals;

12 (B) not to exceed $20,000 to meet unfore13 seen emergencies of a confidential character;

14 and

15 (C) such sums as may be necessary for ad16 ministrative expenses in accordance with the

17 Radiation Exposure Compensation Act.

18 (5) ANTITRUST DIVISION.—For the Antitrust

19 Division: $141,898,000.

20 (6) UNITED STATES ATTORNEYS.—For United

21 States Attorneys: $1,556,784,000, which shall in22 clude not less than $10,000,000 for the investigation

23 and prosecution of intellectual property crimes, in24 cluding software counterfeiting crimes, crimes identi25 fied in the No Electronic Theft (NET) Act (Public
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1 Law 105–147), and violations of laws prohibiting

2 unsolicited commercial e-mail: Provided, That such

3 amounts in the appropriations account ‘‘General

4 Legal Services’’ as may be expended for such inves5 tigations or prosecutions shall count towards this

6 minimum as though expended from this appropria7 tions account.

8 (7) FEDERAL BUREAU OF INVESTIGATION.—

9 For the Federal Bureau of Investigation:

10 $4,639,569,000, which shall include—

11 (A) not to exceed $11,174,000 for con12 struction, to remain available until expended;

13 (B) not to exceed $70,000 to meet unfore14 seen emergencies of a confidential character;

15 and

16 (C) such sums as may be necessary to as17 sign employees to the Terrorism Threat Inte18 gration Center: Provided, That such amounts

19 may only be expended for analyzing intelligence

20 information.

21 (8) UNITED STATES MARSHALS SERVICE.—For

22 the United States Marshals Service: $733,843,000,

23 which shall include not to exceed $14,066,000 for

24 construction, to remain available until expended.
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1 (9) FEDERAL PRISON SYSTEM.—For the Fed2 eral Prison System, including the National Institute

3 of Corrections: $4,677,214,000.

4 (10) DRUG ENFORCEMENT ADMINISTRATION.—

5 For the Drug Enforcement Administration:

6 $1,601,327,000, which shall include not to exceed

7 $70,000 to meet unforeseen emergencies of a con8 fidential character.

9 (11) BUREAU OF ALCOHOL, TOBACCO, FIRE10 ARMS AND EXPLOSIVES.—For the Bureau of Alco11 hol, Tobacco, Firearms and Explosives:

12 $851,987,000.

13 (12) FEES AND EXPENSES OF WITNESSES.—

14 For Fees and Expenses of Witnesses: $156,145,000

15 to remain available until expended, which shall in16 clude not to exceed $6,000,000 for construction of

17 protected witness safesites.

18 (13) INTERAGENCY CRIME AND DRUG EN19 FORCEMENT.—For Interagency Crime and Drug

20 Enforcement: $550,609,000, for expenses not other21 wise provided for, for the investigation and prosecu22 tion of persons involved in organized crime drug

23 trafficking, except that any funds obligated from ap24 propriations authorized by this paragraph may be
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1 used under authorities available to the organizations

2 reimbursed from such funds.

3 (14) FOREIGN CLAIMS SETTLEMENT COMMIS4 SION.—For the Foreign Claims Settlement Commis5 sion: $1,212,000.

6 (15) COMMUNITY RELATIONS SERVICE.— For

7 the Community Relations Service: $9,526,000.

8 (16) ASSETS FORFEITURE FUND.—For the As9 sets Forfeiture Fund: $22,949,000 for expenses au10 thorized by section 524 of title 28, United States

11 Code.

12 (17) UNITED STATES PAROLE COMMISSION.—

13 For the United States Parole Commission:

14 $11,051,000.

15 (18) FEDERAL DETENTION TRUSTEE.—For the

16 necessary expenses of the Federal Detention Trust17 ee: $814,097,000.

18 (19) IDENTIFICATION SYSTEMS INTEGRA19 TION.—For expenses necessary for the operation of

20 the Identification System Integration: $34,077,000.

21 (20) NARROWBAND COMMUNICATIONS.—For

22 the costs of conversion to narrowband communica23 tions, including the cost for operation and mainte24 nance of Land Mobile Radio legacy systems:

25 $140,083,000.
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1 (21) ADMINISTRATIVE EXPENSES FOR CERTAIN

2 ACTIVITIES.—For the administrative expenses of the

3 Office of Justice Programs, the Office on Violence

4 Against Women, and the Community Oriented Polic5 ing Services program, the following sums:

6 (A) $106,016,000 for the Office of Justice

7 Programs.

8 (B) $13,622,000 for the Office on Violence

9 Against Women.

10 (C) $29,684,000 for the Community Ori11 ented Policing Services program.

12 (22) LEGAL ACTIVITIES OFFICE AUTOMA13 TION.—For necessary expenses related to office au14 tomation: $33,240,000.

15 (23) COUNTERTERRORISM FUND.—For nec16 essary expenses of the Counterterrorism Fund:

17 $1,000,000.

18 SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR FIS19 CAL YEAR 2005.

20 There are authorized to be appropriated for fiscal

21 year 2005, to carry out the activities of the Department

22 of Justice (including any bureau, office, board, division,

23 commission, subdivision, unit, or other component there24 of), the following sums:
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1 (1) GENERAL ADMINISTRATION.—For General

2 Administration: $186,551,000.

3 (2) ADMINISTRATIVE REVIEW AND APPEALS.—

4 For Administrative Review and Appeals:

5 $202,518,000 for administration of pardon and

6 clemency petitions and for immigration-related ac7 tivities.

8 (3) OFFICE OF INSPECTOR GENERAL.—For the

9 Office of Inspector General: $71,400,000, which

10 shall include not to exceed $10,000 to meet unfore11 seen emergencies of a confidential character.

12 (4) GENERAL LEGAL ACTIVITIES.—For General

13 Legal Activities: $657,135,000, which shall

14 include—

15 (A) not less than $4,000,000 for the inves16 tigation and prosecution of denaturalization and

17 deportation cases involving alleged Nazi war

18 criminals;

19 (B) not to exceed $20,000 to meet unfore20 seen emergencies of a confidential character;

21 and

22 (C) such sums as may be necessary for ad23 ministrative expenses in accordance with the

24 Radiation Exposure Compensation Act.
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1 (5) ANTITRUST DIVISION.—For the Antitrust

2 Division: $136,463,000.

3 (6) UNITED STATES ATTORNEYS.—For United

4 States Attorneys: $1,547,519,000, which shall in5 clude not less than $10,000,000 for the investigation

6 and prosecution of intellectual property crimes, in7 cluding software counterfeiting crimes, crimes identi8 fied in the No Electronic Theft (NET) Act (Public

9 Law 105–147), and violations of law, against unso10 licited commercial e-mail: Provided, That such

11 amounts in the appropriations account ‘‘General

12 Legal Services’’ as may be expended for such inves13 tigations or prosecutions shall count towards this

14 minimum as though expended from this appropria15 tions account.

16 (7) FEDERAL BUREAU OF INVESTIGATION.—

17 For the Federal Bureau of Investigation:

18 $5,058,921,000, which shall include—

19 (A) not to exceed $1,250,000 for construc20 tion, to remain available until expended;

21 (B) not to exceed $70,000 to meet unfore22 seen emergencies of a confidential character;

23 and

24 (C) such sums as may be necessary to as25 sign employees to the Terrorism Threat Inte-
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1 gration Center: Provided, That such amounts

2 may only be expended for analyzing intelligence

3 information.

4 (8) UNITED STATES MARSHALS SERVICE.—For

5 the United States Marshals Service: $743,441,000,

6 which shall include not to exceed $1,371,000 for

7 construction, to remain available until expended.

8 (9) FEDERAL PRISON SYSTEM.—For the Fed9 eral Prison System, including the National Institute

10 of Corrections: $4,706,232,000.

11 (10) DRUG ENFORCEMENT ADMINISTRATION.—

12 For the Drug Enforcement Administration:

13 $1,661,503,000, which shall include not to exceed

14 $70,000 to meet unforeseen emergencies of a con15 fidential character.

16 (11) BUREAU OF ALCOHOL, TOBACCO, FIRE17 ARMS AND EXPLOSIVES.—For the Bureau of Alco18 hol, Tobacco, Firearms and Explosives:

19 $868,857,000.

20 (12) FEES AND EXPENSES OF WITNESSES.—

21 For Fees and Expenses of Witnesses: $177,585,000

22 to remain available until expended, which shall in23 clude not to exceed $6,000,000 for construction of

24 protected witness safesites.
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1 (13) INTERAGENCY CRIME AND DRUG EN2 FORCEMENT.—For Interagency Crime and Drug

3 Enforcement: $580,632,000, for expenses not other4 wise provided for, for the investigation and prosecu5 tion of persons involved in organized crime drug

6 trafficking, except that any funds obligated from ap7 propriations authorized by this paragraph may be

8 used under authorities available to the organizations

9 reimbursed from such funds.

10 (14) FOREIGN CLAIMS SETTLEMENT COMMIS11 SION.—For the Foreign Claims Settlement Commis12 sion: $1,220,000.

13 (15) COMMUNITY RELATIONS SERVICE.—For

14 the Community Relations Service: $9,833,000.

15 (16) ASSETS FORFEITURE FUND.—For the As16 sets Forfeiture Fund: $21,759,000 for expenses au17 thorized by section 524 of title 28, United States

18 Code.

19 (17) UNITED STATES PAROLE COMMISSION.—

20 For the United States Parole Commission:

21 $10,650,000.

22 (18) FEDERAL DETENTION TRUSTEE.—For the

23 necessary expenses of the Federal Detention Trust24 ee: $938,810,000.
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1 (19) JOINT AUTOMATED BOOKING SYSTEM.—

2 For the necessary expenses of the Joint Automated

3 Booking System: $20,309,000.

4 (20) INTEGRATED AUTOMATED FINGER5 PRINT.—For the expenses necessary for Integrated

6 Automated Fingerprint activities: $5,054,000.

7 (21) NARROWBAND COMMUNICATIONS.—For

8 the costs of conversion to narrowband communica9 tions, including the cost for operation and mainte10 nance of Land Mobile Radio legacy systems:

11 $101,971,000.

12 (22) ADMINISTRATIVE EXPENSES FOR CERTAIN

13 ACTIVITIES.—For the administrative expenses of the

14 Office of Justice Programs, the Office on Violence

15 Against Women, and the Community Oriented Polic16 ing Services program, the following sums:

17 (A) $118,730,000 for the Office of Justice

18 Programs.

19 (B) $13,894,000 for the Office on Violence

20 Against Women.

21 (C) $30,278,000 for the Community Ori22 ented Policing Services program.

23 (23) LEGAL ACTIVITIES OFFICE AUTOMA24 TION.—For necessary expenses related to office au25 tomation: $80,510,000.
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1 SEC. 103. AUTHORIZATION OF APPROPRIATIONS FOR FIS2 CAL YEAR 2006.

3 There are authorized to be appropriated for fiscal

4 year 2006, to carry out the activities of the Department

5 of Justice (including any bureau, office, board, division,

6 commission, subdivision, unit, or other component there7 of), the following sums:

8 (1) GENERAL ADMINISTRATION.—For General

9 Administration: $190,282,000.

10 (2) ADMINISTRATIVE REVIEW AND APPEALS.—

11 For Administrative Review and Appeals:

12 $206,568,000 for administration of pardon and

13 clemency petitions and for immigration-related ac14 tivities.

15 (3) OFFICE OF INSPECTOR GENERAL.—For the

16 Office of Inspector General: $72,828,000, which

17 shall include not to exceed $10,000 to meet unfore18 seen emergencies of a confidential character.

19 (4) GENERAL LEGAL ACTIVITIES.—For General

20 Legal Activities: $670,278,000, which shall

21 include—

22 (A) not less than $4,000,000 for the inves23 tigation and prosecution of denaturalization and

24 deportation cases involving alleged Nazi war

25 criminals;
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1 (B) not to exceed $20,000 to meet unfore2 seen emergencies of a confidential character;

3 and

4 (C) such sums as may be necessary for ad5 ministrative expenses in accordance with the

6 Radiation Exposure Compensation Act.

7 (5) ANTITRUST DIVISION.—For the Antitrust

8 Division: $139,192,000.

9 (6) UNITED STATES ATTORNEYS.—For United

10 States Attorneys: $1,578,469,000, which shall in11 clude not less than $10,000,000 for the investigation

12 and prosecution of intellectual property crimes, in13 cluding software counterfeiting crimes, crimes identi14 fied in the No Electronic Theft (NET) Act (Public

15 Law 105–147), and violations of law, against unso16 licited commercial e-mail: Provided, That such

17 amounts in the appropriations account ‘‘General

18 Legal Services’’ as may be expended for such inves19 tigations or prosecutions shall count towards this

20 minimum as though expended from this appropria21 tions account.

22 (7) FEDERAL BUREAU OF INVESTIGATION.—

23 For the Federal Bureau of Investigation:

24 $5,160,099,000, which shall include—
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1 (A) not to exceed $1,250,000 for construc2 tion, to remain available until expended;

3 (B) not to exceed $70,000 to meet unfore4 seen emergencies of a confidential character;

5 and

6 (C) such sums as may be necessary to as7 sign employees to the Terrorism Threat Inte8 gration Center: Provided, That such amounts

9 may only be expended for analyzing intelligence

10 information.

11 (8) UNITED STATES MARSHALS SERVICE.—For

12 the United States Marshals Service: $758,310,000,

13 which shall include not to exceed $1,371,000 for

14 construction, to remain available until expended.

15 (9) FEDERAL PRISON SYSTEM.—For the Fed16 eral Prison System, including the National Institute

17 of Corrections: $4,800,357,000.

18 (10) DRUG ENFORCEMENT ADMINISTRATION.—

19 For the Drug Enforcement Administration:

20 $1,694,733,000, which shall include not to exceed

21 $70,000 to meet unforeseen emergencies of a con22 fidential character.

23 (11) BUREAU OF ALCOHOL, TOBACCO, FIRE24 ARMS AND EXPLOSIVES.—For the Bureau of Alco-
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1 hol, Tobacco, Firearms and Explosives:

2 $886,234,000.

3 (12) FEES AND EXPENSES OF WITNESSES.—

4 For Fees and Expenses of Witnesses: $181,137,000

5 to remain available until expended, which shall in6 clude not to exceed $6,000,000 for construction of

7 protected witness safesites.

8 (13) INTERAGENCY CRIME AND DRUG EN9 FORCEMENT.—For Interagency Crime and Drug

10 Enforcement: $592,245,000, for expenses not other11 wise provided for, for the investigation and prosecu12 tion of persons involved in organized crime drug

13 trafficking, except that any funds obligated from ap14 propriations authorized by this paragraph may be

15 used under authorities available to the organizations

16 reimbursed from such funds.

17 (14) FOREIGN CLAIMS SETTLEMENT COMMIS18 SION.—For the Foreign Claims Settlement Commis19 sion: $1,244,000.

20 (15) COMMUNITY RELATIONS SERVICE.—For

21 the Community Relations Service: $10,030,000.

22 (16) ASSETS FORFEITURE FUND.—For the As23 sets Forfeiture Fund: $22,194,000 for expenses au24 thorized by section 524 of title 28, United States

25 Code.
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1 (17) UNITED STATES PAROLE COMMISSION.—

2 For the United States Parole Commission:

3 $10,863,000.

4 (18) FEDERAL DETENTION TRUSTEE.—For the

5 necessary expenses of the Federal Detention Trust6 ee: $957,586,000.

7 (19) JOINT AUTOMATED BOOKING SYSTEM.—

8 For the necessary expenses of the Joint Automated

9 Booking System: $20,715,000.

10 (20) INTEGRATED AUTOMATED FINGER11 PRINT.—For the expenses necessary for Integrated

12 Automated Fingerprint activities: $5,155,000.

13 (21) NARROWBAND COMMUNICATIONS.—For

14 the costs of conversion to narrowband communica15 tions, including the cost for operation and mainte16 nance of Land Mobile Radio legacy systems:

17 $104,010,000.

18 (22) ADMINISTRATIVE EXPENSES FOR CERTAIN

19 ACTIVITIES.—For the administrative expenses of the

20 Office of Justice Programs, the Office on Violence

21 Against Women, and the Community Oriented Polic22 ing Services program, the following sums:

23 (A) $121,105,000 for the Office of Justice

24 Programs.
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1 (B) $14,172,000 for the Office on Violence

2 Against Women.

3 (C) $31,343,000 for the Community Ori4 ented Policing Services program.

5 (23) LEGAL ACTIVITIES OFFICE AUTOMA6 TION.—For necessary expenses related to office au7 tomation: $82,120,000.

8 TITLE II—IMPROVING THE DE9 PARTMENT OF JUSTICE’S

10 GRANT PROGRAMS

11 Subtitle A—Assisting Law Enforce12 ment and Criminal Justice

13 Agencies

14 SEC. 201. MERGER OF BYRNE GRANT PROGRAM AND LOCAL

15 LAW ENFORCEMENT BLOCK GRANT PRO16 GRAM.

17 (a) IN GENERAL.—Part E of title I of the Omnibus

18 Crime Control and Safe Streets Act of 1968 is amended

19 as follows:

20 (1) Subpart 1 of such part (42 U.S.C. 3751–

21 3759) is repealed.

22 (2) Such part is further amended—

23 (A) by inserting before section 500 (42

24 U.S.C. 3750) the following new heading:
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1 ‘‘Subpart 1—Edward Byrne Memorial Justice

2 Assistance Grant Program’’;

3 (B) by amending section 500 to read as

4 follows:

5 ‘‘SEC. 500. NAME OF PROGRAM.

6 ‘‘(a) IN GENERAL.—The grant program established

7 under this subpart shall be known as the ‘Edward Byrne

8 Memorial Justice Assistance Grant Program’.

9 ‘‘(b) REFERENCES TO FORMER PROGRAMS.—Any

10 reference in a law, regulation, document, paper, or other

11 record of the United States to the Edward Byrne Memo12 rial State and Local Law Enforcement Assistance Pro13 grams, or to the Local Government Law Enforcement

14 Block Grants program, shall be deemed to be a reference

15 to the grant program referred to in subsection (a).’’; and

16 (C) by inserting after section 500 the fol17 lowing new sections:

18 ‘‘SEC. 501. DESCRIPTION.

19 ‘‘(a) GRANTS AUTHORIZED.—

20 ‘‘(1) IN GENERAL.—From amounts made avail21 able to carry out this subpart, the Attorney General

22 may, in accordance with the formula established

23 under section 505, make grants to States and units

24 of local government, for use by the State or unit of

25 local government to provide additional personnel,

26 equipment, supplies, contractual support, training,
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1 technical assistance, and information systems for

2 criminal justice, including for any one or more of the

3 following programs:

4 ‘‘(A) Law enforcement programs.

5 ‘‘(B) Prosecution and court programs.

6 ‘‘(C) Prevention and education programs.

7 ‘‘(D) Corrections and community correc8 tions programs.

9 ‘‘(E) Drug treatment programs.

10 ‘‘(F) Planning, evaluation, and technology

11 improvement programs.

12 ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1)

13 shall be construed to ensure that a grant under that

14 paragraph may be used for any purpose for which

15 a grant was authorized to be used under either or

16 both of the programs specified in section 500(b), as

17 those programs were in effect immediately before the

18 enactment of this paragraph.

19 ‘‘(b) CONTRACTS AND SUBAWARDS.—A State or unit

20 of local government may, in using a grant under this sub21 part for purposes authorized by subsection (a), use all or

22 a portion of that grant to contract with or make one or

23 more subawards to one or more—

24 ‘‘(1) neighborhood or community-based organi25 zations that are private and nonprofit;
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1 ‘‘(2) units of local government; or

2 ‘‘(3) tribal governments.

3 ‘‘(c) PROGRAM ASSESSMENT COMPONENT; WAIV4 ER.—

5 ‘‘(1) Each program funded under this subpart

6 shall contain a program assessment component, de7 veloped pursuant to guidelines established by the At8 torney General, in coordination with the National

9 Institute of Justice.

10 ‘‘(2) The Attorney General may waive the re11 quirement of paragraph (1) with respect to a pro12 gram if, in the opinion of the Attorney General, the

13 program is not of sufficient size to justify a full pro14 gram assessment.

15 ‘‘(d) PROHIBITED USES.—Notwithstanding any

16 other provision of this Act, no funds provided under this

17 subpart may be used, directly or indirectly, to provide any

18 of the following matters:

19 ‘‘(1) Any security enhancements or any equip20 ment to any nongovernmental entity that is not en21 gaged in criminal justice or public safety.

22 ‘‘(2) Unless the Attorney General certifies that

23 extraordinary and exigent circumstances exist that

24 make the use of such funds to provide such matters
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1 essential to the maintenance of public safety and

2 good order—

3 ‘‘(A) vehicles, vessels, or aircraft;

4 ‘‘(B) luxury items;

5 ‘‘(C) real estate;

6 ‘‘(D) construction projects (other than

7 penal or correctional institutions); or

8 ‘‘(E) any similar matters.

9 ‘‘(e) ADMINISTRATIVE COSTS.—Not more than 10

10 percent of a grant made under this subpart may be used

11 for costs incurred to administer such grant.

12 ‘‘(f) PERIOD.—The period of a grant made under this

13 subpart shall be four years, except that renewals and ex14 tensions beyond that period may be granted at the discre15 tion of the Attorney General.

16 ‘‘(g) RULE OF CONSTRUCTION.—Subparagraph

17 (d)(1) shall not be construed to prohibit the use, directly

18 or indirectly, of funds provided under this subpart to pro19 vide security at a public event, such as a political conven20 tion or major sports event, so long as such security is pro21 vided under applicable laws and procedures.

22 ‘‘SEC. 502. APPLICATIONS.

23 ‘‘To request a grant under this subpart, the chief ex24 ecutive officer of a State or unit of local government shall

25 submit an application to the Attorney General within 90
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1 days after the date on which funds to carry out this sub2 part are appropriated for a fiscal year, in such form as

3 the Attorney General may require. Such application shall

4 include the following:

5 ‘‘(1) A certification that Federal funds made

6 available under this subpart will not be used to sup7 plant State or local funds, but will be used to in8 crease the amounts of such funds that would, in the

9 absence of Federal funds, be made available for law

10 enforcement activities.

11 ‘‘(2) An assurance that, not fewer than 30 days

12 before the application (or any amendment to the ap13 plication) was submitted to the Attorney General,

14 the application (or amendment) was submitted for

15 review to the governing body of the State or unit of

16 local government (or to an organization designated

17 by that governing body).

18 ‘‘(3) An assurance that, before the application

19 (or any amendment to the application) was sub20 mitted to the Attorney General—

21 ‘‘(A) the application (or amendment) was

22 made public; and

23 ‘‘(B) an opportunity to comment on the

24 application (or amendment) was provided to

25 citizens and to neighborhood or community-
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1 based organizations, to the extent applicable

2 law or established procedure makes such an op3 portunity available.

4 ‘‘(4) An assurance that, for each fiscal year

5 covered by an application, the applicant shall main6 tain and report such data, records, and information

7 (programmatic and financial) as the Attorney Gen8 eral may reasonably require.

9 ‘‘(5) A certification, made in a form acceptable

10 to the Attorney General and executed by the chief

11 executive officer of the applicant (or by another offi12 cer of the applicant, if qualified under regulations

13 promulgated by the Attorney General), that—

14 ‘‘(A) the programs to be funded by the

15 grant meet all the requirements of this subpart;

16 ‘‘(B) all the information contained in the

17 application is correct;

18 ‘‘(C) there has been appropriate coordina19 tion with affected agencies; and

20 ‘‘(D) the applicant will comply with all

21 provisions of this subpart and all other applica22 ble Federal laws.

23 ‘‘SEC. 503. REVIEW OF APPLICATIONS.

24 ‘‘The Attorney General shall not finally disapprove

25 any application (or any amendment to that application)
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1 submitted under this subpart without first affording the

2 applicant reasonable notice of any deficiencies in the appli3 cation and opportunity for correction and reconsideration.

4 ‘‘SEC. 504. RULES.

5 ‘‘The Attorney General shall issue rules to carry out

6 this subpart. The first such rules shall be issued not later

7 than one year after the date on which amounts are first

8 made available to carry out this subpart.

9 ‘‘SEC. 505. FORMULA.

10 ‘‘(a) ALLOCATION AMONG STATES.—

11 ‘‘(1) IN GENERAL.—Of the total amount appro12 priated for this subpart, the Attorney General shall,

13 except as provided in paragraph (2), allocate—

14 ‘‘(A) 50 percent of such remaining amount

15 to each State in amounts that bear the same

16 ratio of—

17 ‘‘(i) the total population of a State

18 to—

19 ‘‘(ii) the total population of the

20 United States; and

21 ‘‘(B) 50 percent of such remaining amount

22 to each State in amounts that bear the same

23 ratio of—

24 ‘‘(i) the average annual number of

25 part 1 violent crimes of the Uniform Crime
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1 Reports of the Federal Bureau of Inves2 tigation reported by such State for the

3 three most recent years reported by such

4 State to—

5 ‘‘(ii) the average annual number of

6 such crimes reported by all States for such

7 years.

8 ‘‘(2) MINIMUM ALLOCATION.—If carrying out

9 paragraph (1) would result in any State receiving an

10 allocation less than 0.25 percent of the total amount

11 (in this paragraph referred to as a ‘‘minimum allo12 cation State’’), then paragraph (1), as so carried

13 out, shall not apply, and the Attorney General shall

14 instead—

15 ‘‘(A) allocate 0.25 percent of the total

16 amount to each State; and

17 ‘‘(B) using the amount remaining after

18 carrying out subparagraph (A), carry out para19 graph (1) in a manner that excludes each min20 imum allocation State, including the population

21 of and the crimes reported by such State.

22 ‘‘(b) ALLOCATION BETWEEN STATES AND UNITS OF

23 LOCAL GOVERNMENT.—Of the amounts allocated under

24 subsection (a)—
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1 ‘‘(1) 60 percent shall be for direct grants to

2 States, to be allocated under subsection (c); and

3 ‘‘(2) 40 percent shall be for grants to be allo4 cated under subsection (d).

5 ‘‘(c) ALLOCATION FOR STATE GOVERNMENTS.—

6 ‘‘(1) IN GENERAL.—Of the amounts allocated

7 under subsection (b)(1), each State may retain for

8 the purposes described in section 501 an amount

9 that bears the same ratio of—

10 ‘‘(A) total expenditures on criminal justice

11 by the State government in the most recently

12 completed fiscal year to—

13 ‘‘(B) the total expenditure on criminal jus14 tice by the State government and units of local

15 government within the State in such year.

16 ‘‘(2) REMAINING AMOUNTS.—Except as pro17 vided in subsection (e)(1), any amounts remaining

18 after the allocation required by paragraph (1) shall

19 be made available to units of local government by

20 the State for the purposes described in section 501.

21 ‘‘(d) ALLOCATIONS TO LOCAL GOVERNMENTS.—

22 ‘‘(1) IN GENERAL.—Of the amounts allocated

23 under subsection (b)(2), grants for the purposes de24 scribed in section 501 shall be made directly to units
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1 of local government within each State in accordance

2 with this subsection, subject to subsection (e).

3 ‘‘(2) ALLOCATION.—

4 ‘‘(A) IN GENERAL.—From the amounts re5 ferred to in paragraph (1) with respect to a

6 State (in this subsection referred to as the

7 ‘local amount’), the Attorney General shall allo8 cate to each unit of local government an

9 amount which bears the same ratio to such

10 share as the average annual number of part 1

11 violent crimes reported by such unit to the Fed12 eral Bureau of Investigation for the 3 most re13 cent calendar years for which such data is avail14 able bears to the number of part 1 violent

15 crimes reported by all units of local government

16 in the State in which the unit is located to the

17 Federal Bureau of Investigation for such years.

18 ‘‘(B) TRANSITIONAL RULE.—Notwith19 standing subparagraph (A), for fiscal years

20 2005, 2006, and 2007, the Attorney General

21 shall allocate the local amount to units of local

22 government in the same manner that, under the

23 Local Government Law Enforcement Block

24 Grants program in effect immediately before

25 the date of the enactment of this section, the
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1 reserved amount was allocated among reporting

2 and nonreporting units of local government.

3 ‘‘(3) ANNEXED UNITS.—If a unit of local gov4 ernment in the State has been annexed since the

5 date of the collection of the data used by the Attor6 ney General in making allocations pursuant to this

7 section, the Attorney General shall pay the amount

8 that would have been allocated to such unit of local

9 government to the unit of local government that an10 nexed it.

11 ‘‘(4) RESOLUTION OF DISPARATE ALLOCA12 TIONS.—(A) Notwithstanding any other provision of

13 this subpart, if—

14 ‘‘(i) the Attorney General certifies that a

15 unit of local government bears more than 50

16 percent of the costs of prosecution or incarcer17 ation that arise with respect to part 1 violent

18 crimes reported by a specified geographically

19 constituent unit of local government; and

20 ‘‘(ii) but for this paragraph, the amount of

21 funds allocated under this section to—

22 ‘‘(I) any one such specified geographi23 cally constituent unit of local government

24 exceeds 150 percent of the amount allo-
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1 cated to the unit of local government cer2 tified pursuant to clause (i); or

3 ‘‘(II) more than one such specified

4 geographically constituent unit of local

5 government exceeds 400 percent of the

6 amount allocated to the unit of local gov7 ernment certified pursuant to clause (i),

8 then in order to qualify for payment under this sub9 section, the unit of local government certified pursu10 ant to clause (i), together with any such specified

11 geographically constituent units of local government

12 described in clause (ii), shall submit to the Attorney

13 General a joint application for the aggregate of

14 funds allocated to such units of local government.

15 Such application shall specify the amount of such

16 funds that are to be distributed to each of the units

17 of local government and the purposes for which such

18 funds are to be used. The units of local government

19 involved may establish a joint local advisory board

20 for the purposes of carrying out this paragraph.

21 ‘‘(B) In this paragraph, the term ‘geographi22 cally constituent unit of local government’ means a

23 unit of local government that has jurisdiction over

24 areas located within the boundaries of an area over
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1 which a unit of local government certified pursuant

2 to clause (i) has jurisdiction.

3 ‘‘(e) LIMITATION ON ALLOCATIONS TO UNITS OF

4 LOCAL GOVERNMENT.—

5 ‘‘(1) MAXIMUM ALLOCATION.—No unit of local

6 government shall receive a total allocation under this

7 section that exceeds such unit’s total expenditures

8 on criminal justice services for the most recently

9 completed fiscal year for which data are available.

10 Any amount in excess of such total expenditures

11 shall be allocated proportionally among units of local

12 government whose allocations under this section do

13 not exceed their total expenditures on such services.

14 ‘‘(2) ALLOCATIONS UNDER $10,000.—If the allo15 cation under this section to a unit of local govern16 ment is less than $10,000 for any fiscal year, the di17 rect grant to the State under subsection (c) shall be

18 increased by the amount of such allocation, to be

19 distributed (for the purposes described in section

20 501) among State police departments that provide

21 criminal justice services to units of local government

22 and units of local government whose allocation under

23 this section is less than $10,000.

24 ‘‘(3) NON-REPORTING UNITS.—No allocation

25 under this section shall be made to a unit of local
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1 government that has not reported at least three

2 years of data on part 1 violent crimes of the Uni3 form Crime Reports to the Federal Bureau of Inves4 tigation within the immediately preceding 10 years.

5 ‘‘(f) FUNDS NOT USED BY THE STATE.—If the At6 torney General determines, on the basis of information

7 available during any grant period, that any allocation (or

8 portion thereof) under this section to a State for such

9 grant period will not be required, or that a State will be

10 unable to qualify or receive funds under this subpart, or

11 that a State chooses not to participate in the program es12 tablished under this subpart, then such State’s allocation

13 (or portion thereof) shall be awarded by the Attorney Gen14 eral to units of local government, or combinations thereof,

15 within such State, giving priority to those jurisdictions

16 with the highest annual number of part 1 violent crimes

17 of the Uniform Crime Reports reported by the unit of local

18 government to the Federal Bureau of Investigation for the

19 three most recent calendar years for which such data are

20 available.

21 ‘‘(g) SPECIAL RULES FOR PUERTO RICO.—

22 ‘‘(1) ALL FUNDS SET ASIDE FOR COMMON23 WEALTH GOVERNMENT.—Notwithstanding any other

24 provision of this subpart, the amounts allocated

25 under subsection (a) to Puerto Rico, 100 percent
35

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1 shall be for direct grants to the Commonwealth gov2 ernment of Puerto Rico.

3 ‘‘(2) NO LOCAL ALLOCATIONS.—Subsections (c)

4 and (d) shall not apply to Puerto Rico.

5 ‘‘(h) UNITS OF LOCAL GOVERNMENT IN LOU6 ISIANA.—In carrying out this section with respect to the

7 State of Louisiana, the term ‘unit of local government’

8 means a district attorney or a parish sheriff.

9 ‘‘SEC. 506. RESERVED FUNDS.

10 ‘‘Of the total amount made available to carry out this

11 subpart for a fiscal year, the Attorney General shall re12 serve not more than—

13 ‘‘(1) $20,000,000, for use by the National In14 stitute of Justice in assisting units of local govern15 ment to identify, select, develop, modernize, and pur16 chase new technologies for use by law enforcement,

17 of which $1,000,000 shall be for use by the Bureau

18 of Justice Statistics to collect data necessary for car19 rying out this subpart; and

20 ‘‘(2) $20,000,000, to be granted by the Attor21 ney General to States and units of local government

22 to develop and implement antiterrorism training pro23 grams.
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1 ‘‘SEC. 507. INTEREST-BEARING TRUST FUNDS.

2 ‘‘(a) TRUST FUND REQUIRED.—A State or unit of

3 local government shall establish a trust fund in which to

4 deposit amounts received under this subpart.

5 ‘‘(b) EXPENDITURES.—

6 ‘‘(1) IN GENERAL.—Each amount received

7 under this subpart (including interest on such

8 amount) shall be expended before the date on which

9 the grant period expires.

10 ‘‘(2) REPAYMENT.—A State or unit of local

11 government that fails to expend an entire amount

12 (including interest on such amount) as required by

13 paragraph (1) shall repay the unexpended portion to

14 the Attorney General not later than 3 months after

15 the date on which the grant period expires.

16 ‘‘(3) REDUCTION OF FUTURE AMOUNTS.—If a

17 State or unit of local government fails to comply

18 with paragraphs (1) and (2), the Attorney General

19 shall reduce amounts to be provided to that State or

20 unit of local government accordingly.

21 ‘‘(c) REPAID AMOUNTS.—Amounts received as repay22 ments under this section shall be subject to section 108

23 of this title as if such amounts had not been granted and

24 repaid. Such amounts shall be deposited in the Treasury

25 in a dedicated fund for use by the Attorney General to
37

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1 carry out this subpart. Such funds are hereby made avail2 able to carry out this subpart.

3 ‘‘SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

4 ‘‘There is authorized to be appropriated to carry out

5 this subpart $1,095,000,000 for fiscal year 2004 and such

6 sums as may be necessary for each of fiscal years 2005

7 through 2008.’’.

8 (b) REPEALS OF CERTAIN AUTHORITIES RELATING

9 TO BYRNE GRANTS.—

10 (1) DISCRETIONARY GRANTS TO PUBLIC AND

11 PRIVATE ENTITIES.—Chapter A of subpart 2 of Part

12 E of title I of the Omnibus Crime Control and Safe

13 Streets Act of 1968 (42 U.S.C. 3760–3762) is re14 pealed.

15 (2) TARGETED GRANTS TO CURB MOTOR VEHI16 CLE THEFT.—Subtitle B of title I of the Anti Car

17 Theft Act of 1992 (42 U.S.C. 3750a–3750d) is re18 pealed.

19 (c) CONFORMING AMENDMENTS.—

20 (1) CRIME IDENTIFICATION TECHNOLOGY

21 ACT.—Subsection (c)(2)(G) of section 102 of the

22 Crime Identification Technology Act of 1998 (42

23 U.S.C. 14601) is amended by striking ‘‘such as’’

24 and all that follows through ‘‘the M.O.R.E. pro25 gram’’ and inserting ‘‘such as the Edward Byrne
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1 Justice Assistance Grant Program and the M.O.R.E.

2 program’’.

3 (2) SAFE STREETS ACT.—Title I of the Omni4 bus Crime Control and Safe Streets Act of 1968 is

5 amended—

6 (A) in section 517 (42 U.S.C. 3763), in

7 subsection (a)(1), by striking ‘‘pursuant to sec8 tion 511 or 515’’ and inserting ‘‘pursuant to

9 section 515’’;

10 (B) in section 520 (42 U.S.C. 3766)—

11 (i) in subsection (a)(1), by striking

12 ‘‘the program evaluations as required by

13 section 501(c) of this part’’ and inserting

14 ‘‘program evaluations’’;

15 (ii) in subsection (a)(2), by striking

16 ‘‘evaluations of programs funded under

17 section 506 (formula grants) and sections

18 511 and 515 (discretionary grants) of this

19 part’’ and inserting ‘‘evaluations of pro20 grams funded under section 505 (formula

21 grants) and section 515 (discretionary

22 grants) of this part’’; and

23 (iii) in subsection (b)(2), by striking

24 ‘‘programs funded under section 506 (for25 mula grants) and section 511 (discre-
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1 tionary grants)’’ and inserting ‘‘programs

2 funded under section 505 (formula

3 grants)’’;

4 (C) in section 522 (42 U.S.C. 3766b)—

5 (i) in subsection (a), in the matter

6 preceding paragraph (1), by striking ‘‘sec7 tion 506’’ and inserting ‘‘section 505’’; and

8 (ii) in subsection (a)(1), by striking

9 ‘‘an assessment of the impact of such ac10 tivities on meeting the needs identified in

11 the State strategy submitted under section

12 503’’ and inserting ‘‘an assessment of the

13 impact of such activities on meeting the

14 purposes of subpart 1’’;

15 (D) in section 801(b) (42 U.S.C. 3782(b)),

16 in the matter following paragraph (5)—

17 (i) by striking ‘‘the purposes of sec18 tion 501 of this title’’ and inserting ‘‘the

19 purposes of such subpart 1’’; and

20 (ii) by striking ‘‘the application sub21 mitted pursuant to section 503 of this

22 title’’ and inserting ‘‘the application sub23 mitted pursuant to section 502 of this

24 title’’;
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1 (E) in section 808 (42 U.S.C. 3789), by

2 striking ‘‘the State office described in section

3 507 or 1408’’ and inserting ‘‘the State office

4 responsible for the trust fund required by sec5 tion 507, or the State office described in section

6 1408,’’;

7 (F) in section 901 (42 U.S.C. 3791), in

8 subsection (a)(2), by striking ‘‘for the purposes

9 of section 506(a)’’ and inserting ‘‘for the pur10 poses of section 505(a)’’;

11 (G) in section 1502 (42 U.S.C. 3796bb–

12 1)—

13 (i) in paragraph (1), by striking ‘‘sec14 tion 506(a)’’ and inserting ‘‘section

15 505(a)’’;

16 (ii) in paragraph (2)—

17 (I) by striking ‘‘section 503(a)’’

18 and inserting ‘‘section 502’’; and

19 (II) by striking ‘‘section 506’’

20 and inserting ‘‘section 505’’;

21 (H) in section 1602 (42 U.S.C. 3796cc–1),

22 in subsection (b), by striking ‘‘The office des23 ignated under section 507 of title I’’ and insert24 ing ‘‘The office responsible for the trust fund

25 required by section 507’’;
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1 (I) in section 1702 (42 U.S.C. 3796dd–1),

2 in subsection (c)(1), by striking ‘‘and reflects

3 consideration of the statewide strategy under

4 section 503(a)(1)’’; and

5 (J) in section 1902 (42 U.S.C. 3796ff–1),

6 in subsection (e), by striking ‘‘The Office des7 ignated under section 507’’ and inserting ‘‘The

8 office responsible for the trust fund required by

9 section 507’’.

10 (d) APPLICABILITY.—The amendments made by this

11 section shall apply with respect to the first fiscal year be12 ginning after the date of the enactment of this Act and

13 each fiscal year thereafter.

14 SEC. 202. CLARIFICATION OF NUMBER OF RECIPIENTS

15 WHO MAY BE SELECTED IN A GIVEN YEAR TO

16 RECEIVE PUBLIC SAFETY OFFICER MEDAL

17 OF VALOR.

18 Section 3(c) of the Public Safety Officer Medal of

19 Valor Act of 2001 (42 U.S.C. 15202(c)) is amended by

20 striking ‘‘more than 5 recipients’’ and inserting ‘‘more

21 than 5 individuals, or groups of individuals, as recipients’’.
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1 SEC. 203. CONGRESSIONAL MEDAL AND PLAQUE FOR PUB2 LIC SAFETY OFFICERS WHO RESPONDED TO

3 THE ATTACKS ON THE UNITED STATES ON

4 SEPTEMBER 11, 2001.

5 (a) PURPOSE.—It is the purpose of this section—

6 (1) to commemorate the sacrifices made and

7 service rendered to the United States by those public

8 safety officers who responded to the attacks on the

9 United States on September 11, 2001; and

10 (2) to honor those public safety officers on the

11 third anniversary of those attacks.

12 (b) PRESENTATION AUTHORIZED.—

13 (1) IN GENERAL.—The Speaker of the House of

14 Representatives and the President pro tempore of

15 the Senate are authorized jointly to present, on be16 half of the Congress—

17 (A) to individuals certified by the Attorney

18 General pursuant to subsection (e), a bronze

medal 11 19 ⁄2 inches in diameter commemorating

20 the service to the United States of those indi21 viduals; and

22 (B) to public agencies certified by the At23 torney General pursuant to subsection (e), a

24 plaque commemorating the service to the

25 United States of the officers, employees, or

26 agents of those agencies.
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1 (2) DATE.—The presentation shall be made as

2 close as feasible to the third anniversary of the at3 tacks on the United States on September 11, 2001.

4 (3) NEXT OF KIN.—In the case of an individual

5 certified by the Attorney General pursuant to sub6 section (e), the medal may be accepted by the next

7 of kin of any such individual.

8 (c) DESIGN AND STRIKING.—

9 (1) CONSULTATION.—The Attorney General

10 shall consult with the Institute of Heraldry of the

11 Department of Defense regarding the design and ar12 tistry of the medal and the plaque authorized by this

13 section. The Attorney General may also consider

14 suggestions received by the Department of Justice

15 regarding the design and artistry of the medal and

16 the plaque, including suggestions made by persons

17 not employed by the Department of Justice.

18 (2) STRIKING.—After such consultation, the At19 torney General shall strike such medals and produce

20 such plaques as may be required to carry out this

21 section.

22 (d) ELIGIBILITY REQUIREMENTS.—

23 (1) INDIVIDUALS.—

24 (A) IN GENERAL.—To be eligible to be

25 presented the medal referred to in subsection
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1 (b), an individual must have been a public safe2 ty officer (as defined in section 5 of the Public

3 Safety Officer Medal of Valor Act of 2001 (42

4 U.S.C. 15204))—

5 (i) who was present in New York, Vir6 ginia, or Pennsylvania on September 11,

7 2001;

8 (ii) who participated in the response

9 that day to the terrorist attacks on the

10 World Trade Center, the terrorist attack

11 on the Pentagon, or the terrorist attack

12 that resulted in the crash of the fourth air13 plane in Pennsylvania; and

14 (iii) who died as a result of such par15 ticipation.

16 (B) RULE OF CONSTRUCTION.—An indi17 vidual who was killed in one of the attacks re18 ferred to in subparagraph (A)(ii) shall be

19 deemed, for purposes of that subparagraph, to

20 have participated in the response.

21 (2) AGENCIES.—To be eligible to be presented

22 the plaque referred to in subsection (b), a public

23 agency must have had at least one officer, employee,

24 or agent who is eligible under paragraph (1) or who
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1 would be so eligible but for the requirement of sub2 paragraph (A)(iii) of that paragraph.

3 (3) APPLICATION; DETERMINATION.—To estab4 lish the eligibility required by paragraphs (1) or (2),

5 the head of a public agency must present to the At6 torney General an application with such supporting

7 documentation as the Attorney General may require

8 to support such eligibility and, in the case of the eli9 gibility of an individual, with information on next of

10 kin. The Attorney General shall determine, through

11 the documentation provided and, if necessary, inde12 pendent investigation, whether the requirements of

13 paragraphs (1) or (2) have been established.

14 (e) CERTIFICATION.—The Attorney General shall,

15 within 12 months after the date of the enactment of this

16 Act, certify to the Speaker of the House of Representa17 tives and the President pro tempore of the Senate the

18 names of individuals eligible to receive the medal and pub19 lic agencies eligible to receive the plaque.

20 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

21 authorized to be appropriated such sums as may be nec22 essary to carry out this section.
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1 SEC. 204. CLARIFICATION OF OFFICIAL TO BE CONSULTED

2 BY ATTORNEY GENERAL IN CONSIDERING AP3 PLICATION FOR EMERGENCY FEDERAL LAW

4 ENFORCEMENT ASSISTANCE.

5 Section 609M(b) of the Justice Assistance Act of

6 1984 (42 U.S.C. 10501(b)) is amended by striking ‘‘the

7 Director of the Office of Justice Assistance’’ and inserting

8 ‘‘the Assistant Attorney General for the Office of Justice

9 Programs’’.

10 SEC. 205. CLARIFICATION OF USES FOR REGIONAL INFOR11 MATION SHARING SYSTEM GRANTS.

12 Section 1301(b) of the Omnibus Crime Control and

13 Safe Streets Act of 1968 (42 U.S.C. 3796h(b)), as most

14 recently amended by section 701 of the USA PATRIOT

15 Act (Public Law 107–56; 115 Stat. 374), is amended—

16 (1) in paragraph (1), by inserting ‘‘regional’’

17 before ‘‘information sharing systems’’;

18 (2) by amending paragraph (3) to read as fol19 lows:

20 ‘‘(3) establishing and maintaining a secure tele21 communications system for regional information

22 sharing between Federal, State, and local law en23 forcement agencies;’’; and

24 (3) by striking ‘‘(5)’’ at the end of paragraph

25 (4).
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1 SEC. 206. INTEGRITY AND ENHANCEMENT OF NATIONAL

2 CRIMINAL RECORD DATABASES.

3 (a) DUTIES OF DIRECTOR.—Section 302 of the Om4 nibus Crime Control and Safe Streets Act of 1968 (42

5 U.S.C. 3732) is amended—

6 (1) in subsection (b), by inserting after the

7 third sentence the following new sentence: ‘‘The Di8 rector shall be responsible for the integrity of data

9 and statistics and shall protect against improper or

10 illegal use or disclosure.’’;

11 (2) by amending paragraph (19) of subsection

12 (c) to read as follows:

13 ‘‘(19) provide for improvements in the accuracy,

14 quality, timeliness, immediate accessibility, and inte15 gration of State criminal history and related records,

16 support the development and enhancement of na17 tional systems of criminal history and related

18 records including the National Criminal History

19 Background Check System, the National Incident20 Based Reporting System, and the records of the Na21 tional Crime Information Center, facilitate State

22 participation in national records and information

23 systems, and support statistical research for critical

24 analysis of the improvement and utilization of crimi25 nal history records;’’; and

26 (3) in subsection (d)—
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1 (A) by striking ‘‘and’’ at the end of para2 graph (4);

3 (B) by striking the period at the end of

4 paragraph (5) and inserting ‘‘; and’’; and

5 (C) by adding at the end the following:

6 ‘‘(6) confer and cooperate with Federal statis7 tical agencies as needed to carry out the purposes of

8 this part, including by entering into cooperative data

9 sharing agreements in conformity with all laws and

10 regulations applicable to the disclosure and use of

11 data.’’.

12 (b) USE OF DATA.—Section 304 of such Act (42

13 U.S.C. 3735) is amended by striking ‘‘particular indi14 vidual’’ and inserting ‘‘private person or public agency’’.

15 (c) CONFIDENTIALITY OF INFORMATION.—Section

16 812(a) of such Act (42 U.S.C. 3789g(a)) is amended by

17 striking ‘‘Except as provided by Federal law other than

18 this title, no’’ and inserting ‘‘No’’.

19 SEC. 207. EXTENSION OF MATCHING GRANT PROGRAM FOR

20 LAW ENFORCEMENT ARMOR VESTS.

21 Section 1001(a)(23) of title I of the Omnibus Crime

22 Control and Safe Streets Act of 1968 (42 U.S.C.

23 3793(a)(23)) is amended by striking ‘‘2004’’ and inserting

24 ‘‘2007’’.
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1 Subtitle B—Building Community

2 Capacity to Prevent, Reduce,

3 and Control Crime

4 SEC. 211. OFFICE OF WEED AND SEED STRATEGIES.

5 (a) IN GENERAL.—Part A of title I of the Omnibus

6 Crime Control and Safe Streets Act of 1968 is amended

7 by inserting after section 102 (42 U.S.C. 3712) the fol8 lowing new sections:

9 ‘‘SEC. 103. OFFICE OF WEED AND SEED STRATEGIES.

10 ‘‘(a) ESTABLISHMENT.—There is established within

11 the Office an Office of Weed and Seed Strategies, headed

12 by a Director appointed by the Attorney General.

13 ‘‘(b) ASSISTANCE.—The Director may assist States,

14 units of local government, and neighborhood and commu15 nity-based organizations in developing Weed and Seed

16 strategies, as provided in section 104.

17 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

18 is authorized to be appropriated to carry out this section

19 $58,265,000 for fiscal year 2004, and such sums as may

20 be necessary for each of fiscal years 2005 and 2006, to

21 remain available until expended.

22 ‘‘SEC. 104. WEED AND SEED STRATEGIES.

23 ‘‘(a) IN GENERAL.—From amounts made available

24 under section 103(c), the Director of the Office of Weed

25 and Seed Strategies may implement strategies, to be
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1 known as Weed and Seed strategies, to prevent, control,

2 and reduce violent crime, criminal drug-related activity,

3 and gang activity in designated Weed-and-Seed commu4 nities. Each such strategy shall involve both of the fol5 lowing activities:

6 ‘‘(1) WEEDING.—Activities, to be known as

7 Weeding activities, which shall include promoting

8 and coordinating a broad spectrum of community ef9 forts (especially those of law enforcement agencies

10 and prosecutors) to arrest, and to sanction or incar11 cerate, persons in that community who participate or

12 engage in violent crime, criminal drug-related activ13 ity, and other crimes that threaten the quality of life

14 in that community.

15 ‘‘(2) SEEDING.—Activities, to be known as

16 Seeding activities, which shall include promoting and

17 coordinating a broad spectrum of community efforts

18 (such as drug abuse education, mentoring, and em19 ployment counseling) to provide—

20 ‘‘(A) human services, relating to preven21 tion, intervention, or treatment, for at-risk indi22 viduals and families; and

23 ‘‘(B) community revitalization efforts, in24 cluding enforcement of building codes and de25 velopment of the economy.
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1 ‘‘(b) GUIDELINES.—The Director shall issue guide2 lines for the development and implementation of Weed and

3 Seed strategies under this section. The guidelines shall en4 sure that the Weed and Seed strategy for a community

5 referred to in subsection (a) shall—

6 ‘‘(1) be planned and implemented through and

7 under the auspices of a steering committee, properly

8 established in the community, comprised of—

9 ‘‘(A) in a voting capacity, representatives

10 of—

11 ‘‘(i) appropriate law enforcement

12 agencies; and

13 ‘‘(ii) other public and private agencies,

14 and neighborhood and community-based

15 organizations, interested in criminal justice

16 and community-based development and re17 vitalization in the community; and

18 ‘‘(B) in a voting capacity, both—

19 ‘‘(i) the Drug Enforcement Adminis20 tration’s special agent in charge for the ju21 risdiction encompassing the community;

22 and

23 ‘‘(ii) the United States Attorney for

24 the District encompassing the community;
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1 ‘‘(2) describe how law enforcement agencies,

2 other public and private agencies, neighborhood and

3 community-based organizations, and interested citi4 zens are to cooperate in implementing the strategy;

5 and

6 ‘‘(3) incorporate a community-policing compo7 nent that shall serve as a bridge between the Weed8 ing activities under subsection (a)(1) and the Seed9 ing activities under subsection (a)(2).

10 ‘‘(c) DESIGNATION.—For a community to be des11 ignated as a Weed-and-Seed community for purposes of

12 subsection (a)—

13 ‘‘(1) the United States Attorney for the District

14 encompassing the community must certify to the Di15 rector that—

16 ‘‘(A) the community suffers from consist17 ently high levels of crime or otherwise is appro18 priate for such designation;

19 ‘‘(B) the Weed and Seed strategy pro20 posed, adopted, or implemented by the steering

21 committee has a high probability of improving

22 the criminal justice system within the commu23 nity and contains all the elements required by

24 the Director; and
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1 ‘‘(C) the steering committee is capable of

2 implementing the strategy appropriately; and

3 ‘‘(2) the community must agree to formulate a

4 timely and effective plan to independently sustain

5 the strategy (or, at a minimum, a majority of the

6 best practices of the strategy) when assistance under

7 this section is no longer available.

8 ‘‘(d) APPLICATION.—An application for designation

9 as a Weed-and-Seed community for purposes of subsection

10 (a) shall be submitted to the Director by the steering com11 mittee of the community in such form, and containing

12 such information and assurances, as the Director may re13 quire. The application shall propose—

14 ‘‘(1) a sustainable Weed and Seed strategy that

15 includes—

16 ‘‘(A) the active involvement of the United

17 States Attorney for the District encompassing

18 the community, the Drug Enforcement Admin19 istration’s special agent in charge for the juris20 diction encompassing the community, and other

21 Federal law enforcement agencies operating in

22 the vicinity;

23 ‘‘(B) a significant community-oriented po24 licing component; and
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1 ‘‘(C) demonstrated coordination with com2 plementary neighborhood and community-based

3 programs and initiatives; and

4 ‘‘(2) a methodology with outcome measures and

5 specific objective indicia of performance to be used

6 to evaluate the effectiveness of the strategy.

7 ‘‘(e) GRANTS.—

8 ‘‘(1) IN GENERAL.—In implementing a strategy

9 for a community under subsection (a), the Director

10 may make grants to that community.

11 ‘‘(2) USES.—For each grant under this sub12 section, the community receiving that grant—

13 ‘‘(A) shall use not less than 40 percent of

14 the grant amounts for Seeding activities under

15 subsection (a)(2); and

16 ‘‘(B) may not use any of the grant

17 amounts for construction, except that the As18 sistant Attorney General may authorize use of

19 grant amounts for incidental or minor construc20 tion, renovation, or remodeling.

21 ‘‘(3) LIMITATIONS.—A community may not re22 ceive grants under this subsection (or fall within

23 such a community)—

24 ‘‘(A) for a period of more than 10 fiscal

25 years;
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1 ‘‘(B) for more than 5 separate fiscal years,

2 except that the Assistant Attorney General

3 may, in single increments and only upon a

4 showing of extraordinary circumstances, author5 ize grants for not more than 3 additional sepa6 rate fiscal years; or

7 ‘‘(C) in an aggregate amount of more than

8 $1,000,000, except that the Assistant Attorney

9 General may, upon a showing of extraordinary

10 circumstances, authorize grants for not more

11 than an additional $500,000.

12 ‘‘(4) DISTRIBUTION.—In making grants under

13 this subsection, the Director shall ensure that—

14 ‘‘(A) to the extent practicable, the distribu15 tion of such grants is geographically equitable

16 and includes both urban and rural areas of

17 varying population and area; and

18 ‘‘(B) priority is given to communities that

19 clearly and effectively coordinate crime preven20 tion programs with other Federal programs in

21 a manner that addresses the overall needs of

22 such communities.

23 ‘‘(5) FEDERAL SHARE.—(A) Subject to sub24 paragraph (B), the Federal share of a grant under

25 this subsection may not exceed 75 percent of the
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1 total costs of the projects described in the applica2 tion for which the grant was made.

3 ‘‘(B) The requirement of subparagraph (A)—

4 ‘‘(i) may be satisfied in cash or in kind;

5 and

6 ‘‘(ii) may be waived by the Assistant Attor7 ney General upon a determination that the fi8 nancial circumstances affecting the applicant

9 warrant a finding that such a waiver is equi10 table.

11 ‘‘(6) SUPPLEMENT, NOT SUPPLANT.—To re12 ceive a grant under this subsection, the applicant

13 must provide assurances that the amounts received

14 under the grant shall be used to supplement, not

15 supplant, non-Federal funds that would otherwise be

16 available for programs or services provided in the

17 community.’’.

18 (b) ABOLISHMENT OF EXECUTIVE OFFICE OF WEED

19 AND SEED; TRANSFERS OF FUNCTIONS.—

20 (1) ABOLISHMENT.—The Executive Office of

21 Weed and Seed is abolished.

22 (2) TRANSFER.—There are hereby transferred

23 to the Office of Weed and Seed Strategies all func24 tions and activities performed immediately before
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1 the date of the enactment of this Act by the Execu2 tive Office of Weed and Seed Strategies.

3 (c) EFFECTIVE DATE.—This section and the amend4 ments made by this section take effect 90 days after the

5 date of the enactment of this Act.

6 Subtitle C—Assisting Victims of

7 Crime

8 SEC. 221. GRANTS TO LOCAL NONPROFIT ORGANIZATIONS

9 TO IMPROVE OUTREACH SERVICES TO VIC10 TIMS OF CRIME.

11 Section 1404(c) of the Victims of Crime Act of 1984

12 (42 U.S.C. 10603(c)), as most recently amended by sec13 tion 623 of the USA PATRIOT Act (Public Law 107–

14 56; 115 Stat. 372), is amended—

15 (1) in paragraph (1)—

16 (A) in the matter preceding subparagraph

17 (A), by striking the comma after ‘‘Director’’;

18 (B) in subparagraph (A), by striking

19 ‘‘and’’ at the end;

20 (C) in subparagraph (B), by striking the

21 period at the end and inserting ‘‘; and’’; and

22 (D) by adding at the end the following new

23 subparagraph:

24 ‘‘(C) for nonprofit neighborhood and commu25 nity-based victim service organizations and coalitions
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1 to improve outreach and services to victims of

2 crime.’’;

3 (2) in paragraph (2)—

4 (A) in subparagraph (A)—

5 (i) by striking ‘‘paragraph (1)(A)’’

6 and inserting ‘‘paragraphs (1)(A) and

7 (1)(C)’’;

8 (ii) by striking ‘‘and’’ at the end;

9 (B) in subparagraph (B), by striking the

10 period at the end and inserting ‘‘; and’’; and

11 (C) by adding at the end the following new

12 subparagraph:

13 ‘‘(C) not more than $10,000 shall be used for

14 any single grant under paragraph (1)(C).’’.

15 SEC. 222. CLARIFICATION AND ENHANCEMENT OF CERTAIN

16 AUTHORITIES RELATING TO CRIME VICTIMS

17 FUND.

18 Section 1402 of the Victims of Crime Act of 1984

19 (42 U.S.C. 10601) is amended as follows:

20 (1) AUTHORITY TO ACCEPT GIFTS.—Subsection

21 (b)(5) of such section is amended by striking the pe22 riod at the end and inserting the following: ‘‘, which

23 the Director is hereby authorized to accept for de24 posit into the Fund, except that the Director is not
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1 hereby authorized to accept any such gift, bequest,

2 or donation that—

3 ‘‘(A) attaches conditions inconsistent with

4 applicable laws or regulations; or

5 ‘‘(B) is conditioned upon or would require

6 the expenditure of appropriated funds that are

7 not available to the Office for Victims of

8 Crime.’’.

9 (2) AUTHORITY TO REPLENISH ANTITERRORISM

10 EMERGENCY RESERVE.—Subsection (d)(5)(A) of

11 such section is amended by striking ‘‘expended’’ and

12 inserting ‘‘obligated’’.

13 (3) AUTHORITY TO MAKE GRANTS TO INDIAN

14 TRIBES FOR VICTIM ASSISTANCE PROGRAMS.—Sub15 section (g) of such section is amended—

16 (A) in paragraph (1), by striking ‘‘, acting

17 through the Director,’’;

18 (B) by redesignating paragraph (2) as

19 paragraph (3); and

20 (C) by inserting after paragraph (1) the

21 following new paragraph:

22 ‘‘(2) The Attorney General may use 5 percent of the

23 funds available under subsection (d)(2) (prior to distribu24 tion) for grants to Indian tribes to establish victim assist25 ance programs, as appropriate.’’.
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1 SEC. 223. AMOUNTS RECEIVED UNDER CRIME VICTIM

2 GRANTS MAY BE USED BY STATE FOR TRAIN3 ING PURPOSES.

4 (a) CRIME VICTIM COMPENSATION.—Section

5 1403(a)(3) of the Victims of Crime Act of 1984 (42

6 U.S.C. 10602(a)(3)) is amended by inserting after ‘‘may

7 be used for’’ the following: ‘‘training purposes and’’.

8 (b) CRIME VICTIM ASSISTANCE.—Section 1404(b)(3)

9 of such Act (42 U.S.C. 10603(b)(3)) is amended by insert10 ing after ‘‘may be used for’’ the following: ‘‘training pur11 poses and’’.

12 SEC. 224. CLARIFICATION OF AUTHORITIES RELATING TO

13 VIOLENCE AGAINST WOMEN FORMULA AND

14 DISCRETIONARY GRANT PROGRAMS.

15 (a) CLARIFICATION OF SPECIFIC PURPOSES.—Sec16 tion 2001(b) of the Omnibus Crime Control and Safe

17 Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amended

18 in the matter preceding paragraph (1) by inserting after

19 ‘‘violent crimes against women’’ the following: ‘‘to develop

20 and strengthen victim services in cases involving violent

21 crimes against women’’.

22 (b) TECHNICAL AMENDMENT RELATING TO

23 MISDESIGNATED SECTIONS.—Section 402(2) of Public

24 Law 107–273 (116 Stat. 1789) is amended by striking

25 ‘‘as sections 2006 through 2011, respectively’’ and insert26 ing ‘‘as sections 2007 through 2011, respectively’’.
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1 (c) CLARIFICATION OF STATE GRANTS.—Section

2 2007 of the Omnibus Crime Control and Safe Streets Act

3 of 1968 (42 U.S.C. 3796gg–1), as redesignated pursuant

4 to the amendment made by subsection (b), is amended—

5 (1) in subsection (a), by striking ‘‘to States’’

6 and all that follows through ‘‘tribal governments’’;

7 (2) in subsection (b)—

8 (A) in each of paragraphs (2) and (3), by

striking ‘‘1⁄54’’ and inserting ‘‘1 9 ⁄53’’; and

10 (B) in paragraph (4), by striking ‘‘in In11 dian country’’;

12 (3) in subsection (c)(3)(A), by striking ‘‘police’’

13 and inserting ‘‘law enforcement’’; and

14 (4) in subsection (d)—

15 (A) in the second sentence, by inserting

16 after ‘‘each application’’ the following: ‘‘sub17 mitted by a State’’; and

18 (B) in the third sentence, by striking ‘‘An

19 application’’ and inserting ‘‘In addition, each

20 application submitted by a State or tribal gov21 ernment’’.

22 (d) CHANGE FROM ANNUAL TO BIENNIAL REPORT23 ING.—Section 2009(b) of such Act (42 U.S.C. 3796gg–

24 3), as redesignated pursuant to the amendment made by

25 subsection (b), is amended by striking ‘‘Not later than’’
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1 and all that follows through ‘‘the Attorney General shall

2 submit’’ and inserting the following: ‘‘Not later than one

3 month after the end of each even-numbered fiscal year,

4 the Attorney General shall submit’’.

5 (e) AVAILABILITY OF FORENSIC MEDICAL EXAMS.—

6 Section 2010 of such Act (42 U.S.C. 3796gg–4), as redes7 ignated pursuant to the amendment made by subsection

8 (b), is amended by adding at the end the following new

9 subsections:

10 ‘‘(c) USE OF FUNDS.—A State or Indian tribal gov11 ernment may use Federal grant funds under this part to

12 pay for forensic medical exams performed by trained ex13 aminers for victims of sexual assault, except that such

14 funds may not be used to pay for forensic medical exams

15 by any State or Indian tribal government that requires

16 victims of sexual assault to seek reimbursement for such

17 exams from their insurance carriers.

18 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec19 tion shall be construed to require a victim of sexual assault

20 to participate in the criminal justice system or cooperate

21 with law enforcement in order to be provided with a foren22 sic medical exam, reimbursement for charges incurred on

23 account of such an exam, or both.’’.

24 (f) TECHNICAL AMENDMENT.—The heading for Part

25 T of title I of the Omnibus Crime Control and Safe Streets
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1 Act of 1968 (42 U.S.C. 3796gg et seq.) is amended to

2 read as follows:

3 ‘‘PART T—GRANTS TO COMBAT VIOLENT CRIMES

4 AGAINST WOMEN’’.

5 SEC. 225. EXPANSION OF GRANT PROGRAMS ASSISTING EN6 FORCEMENT OF DOMESTIC VIOLENCE CASES

7 TO ALSO ASSIST ENFORCEMENT OF SEXUAL

8 ASSAULT CASES.

9 (a) GRANTS TO ENCOURAGE DOMESTIC VIOLENCE

10 ARREST POLICIES.—Section 2101 of the Omnibus Crime

11 Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh)

12 is amended—

13 (1) in subsection (a), by striking ‘‘to treat do14 mestic violence as a serious violation’’ and inserting

15 ‘‘to treat domestic violence and sexual assault as se16 rious violations’’;

17 (2) in subsection (b)—

18 (A) in each of paragraphs (2) and (5), by

19 striking ‘‘domestic violence and dating violence’’

20 and inserting ‘‘domestic violence, sexual assault,

21 and dating violence’’;

22 (B) in paragraph (3), by striking ‘‘domes23 tic violence cases’’ and inserting ‘‘domestic vio24 lence and sexual assault cases’’; and
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1 (C) in paragraph (6), by striking ‘‘about

2 domestic violence’’ and inserting ‘‘about domes3 tic violence and sexual assault’’; and

4 (3) in subsection (d), by striking ‘‘In this sec5 tion, the term’’ and inserting ‘‘In this part—

6 ‘‘(1) the term ‘sexual assault’ has the meaning

7 given the term in section 2008; and

8 ‘‘(2) the term’’.

9 (b) APPLICATIONS.—Section 2102(b) of such Act (42

10 U.S.C. 3796hh–1(b)) is amended in each of paragraphs

11 (1) and (2) by inserting after ‘‘involving domestic vio12 lence’’ the following: ‘‘or sexual assault’’.

13 (c) RURAL DOMESTIC VIOLENCE AND CHILD ABUSE

14 ENFORCEMENT ASSISTANCE.—Section 40295(a) of the

15 Violence Against Women Act of 1994 (title IV of the Vio16 lent Crime Control and Law Enforcement Act of 1994;

17 42 U.S.C. 13971(a)) is amended in each of paragraphs

18 (1) and (2) by striking ‘‘domestic violence and dating vio19 lence (as defined in section 2003’’ and inserting ‘‘domestic

20 violence, sexual assault, and dating violence (as such

21 terms are defined in section 2008’’.

22 SEC. 226. CHANGE OF CERTAIN REPORTS FROM ANNUAL

23 TO BIENNIAL.

24 (a) STALKING AND DOMESTIC VIOLENCE.—Section

25 40610 of the Violence Against Women Act of 1994 (title
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1 IV of the Violent Crime Control and Law Enforcement

2 Act of 1994; 42 U.S.C. 14039) is amended by striking

3 ‘‘The Attorney General shall submit to the Congress an

4 annual report, beginning one year after the date of the

5 enactment of this Act, that provides’’ and inserting ‘‘Each

6 even-numbered fiscal year, the Attorney General shall sub7 mit to the Congress a biennial report that provides’’.

8 (b) SAFE HAVENS FOR CHILDREN.—Section

9 1301(d)(1) of the Victims of Trafficking and Violence

10 Protection Act of 2000 (42 U.S.C. 10420(d)(1)) is amend11 ed in the matter preceding subparagraph (A) by striking

12 ‘‘Not later than 1 year after the last day of the first fiscal

13 year commencing on or after the date of the enactment

14 of this Act, and not later than 180 days after the last

15 day of each fiscal year thereafter,’’ and inserting ‘‘Not

16 later than one month after the end of each even-numbered

17 fiscal year,’’.

18 SEC. 227. CLARIFICATION OF RECIPIENTS AND PROGRAMS

19 ELIGIBLE FOR GRANTS UNDER RURAL DO20 MESTIC VIOLENCE AND CHILD ABUSE EN21 FORCEMENT ASSISTANCE PROGRAM.

22 Section 40295 of the Violence Against Women Act

23 of 1994 (title IV of the Violent Crime Control and Law

24 Enforcement Act of 1994; 42 U.S.C. 13971) is amended

25 as follows:
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1 (1) in subsection (a), in the matter preceding

2 paragraph (1), by striking ‘‘to States, Indian tribal

3 governments, and local governments of rural States,

4 and to other public or private entities of rural

5 States’’ and inserting ‘‘to States, Indian tribal gov6 ernments, local governments, and public or private

7 entities, for programs serving rural areas or rural

8 communities’’; and

9 (2) in subsection (b)—

10 (A) by inserting ‘‘(1) the term’’ before

11 ‘‘‘Indian tribe’ means’’;

12 (B) by striking ‘‘Indians.’’ and all that fol13 lows through the period at the end and insert14 ing ‘‘Indians; and

15 ‘‘(2) the terms ‘rural area’ and ‘rural commu16 nity’ have the meanings given those terms in section

17 491(k)(2) of the McKinney-Vento Homeless Assist18 ance Act (42 U.S.C. 11408(k)(2)).’’.

19 Subtitle D—Preventing Crime

20 SEC. 231. CLARIFICATION OF DEFINITION OF VIOLENT OF21 FENDER FOR PURPOSES OF JUVENILE DRUG

22 COURTS.

23 Section 2953(b) of the Omnibus Crime Control and

24 Safe Streets Act of 1968 (42 U.S.C. 3797u–2(b)) is

25 amended in the matter preceding paragraph (1) by strik-
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1 ing ‘‘an offense that’’ and inserting ‘‘a felony-level offense

2 that’’.

3 SEC. 232. CHANGES TO DISTRIBUTION AND ALLOCATION OF

4 GRANTS FOR DRUG COURTS.

5 (a) MINIMUM ALLOCATION REPEALED.—Section

6 2957 of such Act (42 U.S.C. 3797u–6) is amended by

7 striking subsection (b).

8 (b) TECHNICAL ASSISTANCE AND TRAINING.—Such

9 section is further amended by adding at the end the fol10 lowing new subsection:

11 ‘‘(b) TECHNICAL ASSISTANCE AND TRAINING.—Un12 less one or more applications submitted by any State or

13 unit of local government within such State (other than an

14 Indian tribe) for a grant under this part has been funded

15 in any fiscal year, such State, together with eligible appli16 cants within such State, shall be provided targeted tech17 nical assistance and training by the Community Capacity

18 Development Office to assist such State and such eligible

19 applicants to successfully compete for future funding

20 under this part.’’.
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1 SEC. 233. ELIGIBILITY FOR GRANTS UNDER DRUG COURT

2 GRANTS PROGRAM EXTENDED TO COURTS

3 THAT SUPERVISE NON-OFFENDERS WITH

4 SUBSTANCE ABUSE PROBLEMS.

5 Section 2951(a)(1) of such Act (42 U.S.C.

6 3797u(a)(1)) is amended by striking ‘‘offenders with sub7 stance abuse problems’’ and inserting ‘‘offenders, and

8 other individuals under the jurisdiction of the court, with

9 substance abuse problems’’.

10 SEC. 234. TERM OF RESIDENTIAL SUBSTANCE ABUSE

11 TREATMENT PROGRAM FOR LOCAL FACILI12 TIES.

13 Section 1904 of the Omnibus Crime Control and Safe

14 Streets Act of 1968 (42 U.S.C. 3796ff–3) is amended by

15 adding at the end the following new subsection:

16 ‘‘(d) DEFINITION.—In this section, the term ‘jail17 based substance abuse treatment program’ means a course

18 of individual and group activities, lasting for a period of

19 not less than 3 months, in an area of a correctional facility

20 set apart from the general population of the correctional

21 facility, if those activities are—

22 ‘‘(1) directed at the substance abuse problems

23 of the prisoners; and

24 ‘‘(2) intended to develop the cognitive, behav25 ioral, and other skills of prisoners in order to ad-
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1 dress the substance abuse and related problems of

2 prisoners.’’.

3 Subtitle E—Other Matters

4 SEC. 241. CHANGES TO CERTAIN FINANCIAL AUTHORITIES.

5 (a) CERTAIN PROGRAMS THAT ARE EXEMPT FROM

6 PAYING STATES INTEREST ON LATE DISBURSEMENTS

7 ALSO EXEMPTED FROM PAYING CHARGE TO TREASURY

8 FOR UNTIMELY DISBURSEMENTS.—Section 204(f) of

9 such Act (116 Stat. 1776; 31 U.S.C. 6503 note) is

10 amended—

11 (1) by striking ‘‘section 6503(d)’’ and inserting

12 ‘‘sections 3335(b) or 6503(d)’’; and

13 (2) by striking ‘‘section 6503’’ and inserting

14 ‘‘sections 3335(b) or 6503’’.

15 (b) SOUTHWEST BORDER PROSECUTOR INITIATIVE

16 INCLUDED AMONG SUCH EXEMPTED PROGRAMS.—Sec17 tion 204(f) of such Act is further amended by striking

18 ‘‘pursuant to section 501(a)’’ and inserting ‘‘pursuant to

19 the Southwest Border Prosecutor Initiative (as carried out

20 pursuant to paragraph (3) (117 Stat. 64) under the head21 ing relating to Community Oriented Policing Services of

22 the Department of Justice Appropriations Act, 2003 (title

23 I of division B of Public Law 108–7), or as carried out

24 pursuant to any subsequent authority) or section 501(a)’’.
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1 (c) FUNDS AVAILABLE FOR ATFE MAY BE USED

2 FOR AIRCRAFT, BOATS, AMMUNITION, FIREARMS, FIRE3 ARMS COMPETITIONS, AND ANY AUTHORIZED ACTIV4 ITY.—Section 530C(b) of title 28, United States Code, is

5 amended—

6 (1) in paragraph (2), in each of subparagraphs

7 (A) and (B), by inserting ‘‘for the Bureau of Alco8 hol, Tobacco, Firearms, and Explosives,’’ before ‘‘for

9 the Drug Enforcement Administration,’’; and

10 (2) by adding at the end the following new

11 paragraph:

12 ‘‘(8) BUREAU OF ALCOHOL, TOBACCO, FIRE13 ARMS, AND EXPLOSIVES.—Funds available to the

14 Attorney General for the Bureau of Alcohol, To15 bacco, Firearms, and Explosives may be used for the

16 conduct of all its authorized activities.’’.

17 (d) AUDITS AND REPORTS ON ATFE UNDERCOVER

18 INVESTIGATIVE OPERATIONS.—Section 102(b) of the De19 partment of Justice and Related Agencies Appropriations

20 Act, 1993 (28 U.S.C. 533 note), as in effect pursuant to

21 section 815(d) of the Antiterrorism and Effective Death

22 Penalty Act of 1996 (28 U.S.C. 533 note) shall apply with

23 respect to the Bureau of Alcohol, Tobacco, Firearms, and

24 Explosives and the undercover investigative operations of

25 the Bureau on the same basis as such section applies with
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1 respect to any other agency and the undercover investiga2 tive operations of such agency.

3 SEC. 242. COORDINATION DUTIES OF ASSISTANT ATTOR4 NEY GENERAL.

5 (a) COORDINATE AND SUPPORT OFFICE FOR VIC6 TIMS OF CRIME.—Section 102 of the Omnibus Crime Con7 trol and Safe Streets Act of 1968 (42 U.S.C. 3712) is

8 amended in subsection (a)(5) by inserting after ‘‘the Bu9 reau of Justice Statistics,’’ the following: ‘‘the Office for

10 Victims of Crime,’’.

11 (b) SETTING GRANT CONDITIONS AND PRIOR12 ITIES.—Such section is further amended in subsection

13 (a)(6) by inserting ‘‘, including placing special conditions

14 on all grants, and determining priority purposes for for15 mula grants’’ before the period at the end.

16 SEC. 243. SIMPLIFICATION OF COMPLIANCE DEADLINES

17 UNDER SEX-OFFENDER REGISTRATION LAWS.

18 (a) COMPLIANCE PERIOD.—A State shall not be

19 treated, for purposes of any provision of law, as having

20 failed to comply with section 170101 (42 U.S.C. 14071)

21 or 170102 (42 U.S.C. 14072) of the Violent Crime Con22 trol and Law Enforcement Act of 1994 until 36 months

23 after the date of the enactment of this Act, except that

24 the Attorney General may grant an additional 24 months
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1 to a State that is making good faith efforts to comply with

2 such sections.

3 (b) TIME FOR REGISTRATION OF CURRENT AD4 DRESS.—Subsection (a)(1)(B) of such section 170101 is

5 amended by striking ‘‘unless such requirement is termi6 nated under’’ and inserting ‘‘for the time period specified

7 in’’.

8 SEC. 244. REPEAL OF CERTAIN PROGRAMS.

9 (a) SAFE STREETS ACT PROGRAMS.—The following

10 provisions of title I of the Omnibus Crime Control and

11 Safe Streets Act of 1968 are repealed:

12 (1) CRIMINAL JUSTICE FACILITY CONSTRUC13 TION PILOT PROGRAM.—Part F (42 U.S.C. 3769–

14 3769d).

15 (2) MATCHING GRANT PROGRAM FOR SCHOOL

16 SECURITY.—Part AA (42 U.S.C. 3797a–3797e).

17 (b) VIOLENT CRIME CONTROL AND LAW ENFORCE18 MENT ACT PROGRAMS.—The following provisions of the

19 Violent Crime Control and Law Enforcement Act of 1994

20 are repealed:

21 (1) LOCAL CRIME PREVENTION BLOCK GRANT

22 PROGRAM.—Subtitle B of title III (42 U.S.C.

23 13751–13758).
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1 (2) ASSISTANCE FOR DELINQUENT AND AT2 RISK YOUTH.—Subtitle G of title III (42 U.S.C.

3 13801–13802).

4 (3) IMPROVED TRAINING AND TECHNICAL AU5 TOMATION.—Subtitle E of title XXI (42 U.S.C.

6 14151).

7 (4) OTHER STATE AND LOCAL AID.—Subtitle F

8 of title XXI (42 U.S.C. 14161).

9 SEC. 245. ELIMINATION OF CERTAIN NOTICE AND HEARING

10 REQUIREMENTS.

11 Part H of title I of the Omnibus Crime Control and

12 Safe Streets Act of 1968 is amended as follows:

13 (1) NOTICE AND HEARING ON DENIAL OR TER14 MINATION OF GRANT.—Section 802 (42 U.S.C.

15 3783) of such part is amended—

16 (A) by striking subsections (b) and (c);

17 and

18 (B) by striking ‘‘(a)’’ before ‘‘Whenever,’’.

19 (2) FINALITY OF DETERMINATIONS.—Section

20 803 (42 U.S.C. 3784) of such part is amended—

21 (A) by striking ‘‘, after reasonable notice

22 and opportunity for a hearing,’’; and

23 (B) by striking ‘‘, except as otherwise pro24 vided herein’’.
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1 (3) REPEAL OF APPELLATE COURT REVIEW.—

2 Section 804 (42 U.S.C. 3785) of such part is re3 pealed.

4 SEC. 246. AMENDED DEFINITIONS FOR PURPOSES OF OMNI5 BUS CRIME CONTROL AND SAFE STREETS

6 ACT OF 1968.

7 Section 901 of title I of the Omnibus Crime Control

8 and Safe Streets Act of 1968 (42 U.S.C. 3791) is amend9 ed as follows:

10 (1) INDIAN TRIBE.—Subsection (a)(3)(C) of

11 such section is amended by striking ‘‘(as that term

12 is defined in section 103 of the Juvenile Justice and

13 Delinquency Prevention Act of 1974 (42 U.S.C.

14 5603))’’.

15 (2) COMBINATION.—Subsection (a)(5) of such

16 section is amended by striking ‘‘program or project’’

17 and inserting ‘‘program, plan, or project’’.

18 (3) NEIGHBORHOOD OR COMMUNITY-BASED OR19 GANIZATIONS.—Subsection (a)(11) of such section is

20 amended by striking ‘‘which’’ and inserting ‘‘, in21 cluding faith-based, that’’.

22 (4) INDIAN TRIBE; PRIVATE PERSON.—Sub23 section (a) of such section is further amended—

24 (A) in paragraph (24) by striking ‘‘and’’ at

25 the end;
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1 (B) in paragraph (25) by striking the pe2 riod at the end and inserting a semicolon; and

3 (C) by adding at the end the following new

4 paragraphs:

5 ‘‘(26) the term ‘Indian Tribe’ has the meaning

6 given the term ‘Indian tribe’ in section 4(e) of the

7 Indian Self-Determination and Education Assistance

8 Act (25 U.S.C. 450b(e)); and

9 ‘‘(27) the term ‘private person’ means any indi10 vidual (including an individual acting in his official

11 capacity) and any private partnership, corporation,

12 association, organization, or entity (or any combina13 tion thereof).’’.

14 SEC. 247. CLARIFICATION OF AUTHORITY TO PAY SUBSIST15 ENCE PAYMENTS TO PRISONERS FOR

16 HEALTH CARE ITEMS AND SERVICES.

17 Section 4006 of title 18, United States Code, is

18 amended—

19 (1) in subsection (a) by inserting after ‘‘The

20 Attorney General’’ the following: ‘‘or the Secretary

21 of Homeland Security, as applicable,’’; and

22 (2) in subsection (b)(1)—

23 (A) by striking ‘‘the Immigration and Nat24 uralization Service’’ and inserting ‘‘the Depart25 ment of Homeland Security’’;
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1 (B) by striking ‘‘shall not exceed the lesser

2 of the amount’’ and inserting ‘‘shall be the

3 amount billed, not to exceed the amount’’;

4 (C) by striking ‘‘items and services’’ and

5 all that follows through ‘‘the Medicare pro6 gram’’ and inserting ‘‘items and services under

7 the Medicare program’’; and

8 (D) by striking ‘‘; or’’ and all that follows

9 through the period at the end and inserting a

10 period.

11 SEC. 248. OFFICE OF AUDIT, ASSESSMENT, AND MANAGE12 MENT.

13 (a) IN GENERAL.—Part A of title I of the Omnibus

14 Crime Control and Safe Streets Act of 1968 is amended

15 by adding after section 104, as added by section 211 of

16 this Act, the following new section:

17 ‘‘SEC. 105. OFFICE OF AUDIT, ASSESSMENT, AND MANAGE18 MENT.

19 ‘‘(a) ESTABLISHMENT.—

20 ‘‘(1) IN GENERAL.—There is established within

21 the Office an Office of Audit, Assessment, and Man22 agement, headed by a Director appointed by the At23 torney General. In carrying out the functions of the

24 Office, the Director shall be subject to the authority,

25 direction, and control of the Attorney General. Such
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1 authority, direction, and control may be delegated

2 only to the Assistant Attorney General, without re3 delegation.

4 ‘‘(2) PURPOSE.—The purpose of the Office

5 shall be to carry out and coordinate performance au6 dits of, take actions to ensure compliance with the

7 terms of, and manage information with respect to,

8 grants under programs covered by subsection (b).

9 ‘‘(3) EXCLUSIVITY.—The Office shall be the ex10 clusive element of the Department of Justice, other

11 than the Inspector General, performing functions

12 and activities for the purpose specified in paragraph

13 (2). There are hereby transferred to the Office all

14 functions and activities, other than functions and ac15 tivities of the Inspector General, for such purpose

16 performed immediately before the date of the enact17 ment of this Act by any other element of the De18 partment.

19 ‘‘(b) COVERED PROGRAMS.—The programs referred

20 to in subsection (a) are the following:

21 ‘‘(1) The program under part Q of this title.

22 ‘‘(2) Any grant program carried out by the Of23 fice of Justice Programs.
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1 ‘‘(3) Any other grant program carried out by

2 the Department of Justice that the Attorney General

3 considers appropriate.

4 ‘‘(c) PERFORMANCE AUDITS REQUIRED.—

5 ‘‘(1) IN GENERAL.—The Director shall select

6 grants awarded under the programs covered by sub7 section (b) and carry out performance audits on

8 such grants. In selecting such grants, the Director

9 shall ensure that the aggregate amount awarded

10 under the grants so selected represent not less than

11 10 percent of the aggregate amount of money

12 awarded under all such grant programs.

13 ‘‘(2) RELATIONSHIP TO NIJ EVALUATIONS.—

14 This subsection does not affect the authority or duty

15 of the Director of the National Institute of Justice

16 to carry out overall evaluations of programs covered

17 by subsection (b), except that such Director shall

18 consult with the Director of the Office in carrying

19 out such evaluations.

20 ‘‘(3) TIMING OF PERFORMANCE AUDITS.—The

21 performance audit required by paragraph (1) of a

22 grant selected under paragraph (1) shall be carried

23 out—
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1 ‘‘(A) not later than the end of the grant

2 period, if the grant period is not more than 1

3 year; and

4 ‘‘(B) at the end of each year of the grant

5 period, if the grant period is more than 1 year.

6 ‘‘(d) COMPLIANCE ACTIONS REQUIRED.—The Direc7 tor shall take such actions to ensure compliance with the

8 terms of a grant as the Director considers appropriate

9 with respect to each grant that the Director determines

10 (in consultation with the head of the element of the De11 partment of Justice concerned), through a performance

12 audit under subsection (a) or other means, is not in com13 pliance with such terms. In the case of a misuse of more

14 than 1 percent of the grant amount concerned, the Direc15 tor shall, in addition to any other action to ensure compli16 ance that the Director considers appropriate, ensure that

17 the entity responsible for such misuse ceases to receive any

18 funds under any program covered by subsection (b) until

19 such entity repays to the Attorney General an amount

20 equal to the amounts misused. The Director may, in un21 usual circumstances, grant relief from this requirement to

22 ensure that an innocent party is not punished.

23 ‘‘(e) GRANT MANAGEMENT SYSTEM.—The Director

24 shall establish and maintain, in consultation with the chief

25 information officer of the Office, a modern, automated
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1 system for managing all information relating to the grants

2 made under the programs covered by subsection (b).

3 ‘‘(f) AVAILABILITY OF FUNDS.—Not to exceed 5 per4 cent of all funding made available for a fiscal year for the

5 programs covered by subsection (b) shall be reserved for

6 the activities of the Office of Audit, Assessment, and Man7 agement as authorized by this section.’’.

8 (b) EFFECTIVE DATE.—This section and the amend9 ment made by this section take effect 90 days after the

10 date of the enactment of this Act.

11 SEC. 249. COMMUNITY CAPACITY DEVELOPMENT OFFICE.

12 (a) IN GENERAL.—Part A of title I of the Omnibus

13 Crime Control and Safe Streets Act of 1968 is amended

14 by adding after section 105, as added by section 248 of

15 this Act, the following new section:

16 ‘‘SEC. 106. COMMUNITY CAPACITY DEVELOPMENT OFFICE.

17 ‘‘(a) ESTABLISHMENT.—

18 ‘‘(1) IN GENERAL.—There is established within

19 the Office a Community Capacity Development Of20 fice, headed by a Director appointed by the Attorney

21 General. In carrying out the functions of the Office,

22 the Director shall be subject to the authority, direc23 tion, and control of the Attorney General. Such au24 thority, direction, and control may be delegated only
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1 to the Assistant Attorney General, without redelega2 tion.

3 ‘‘(2) PURPOSE.—The purpose of the Office

4 shall be to provide training to actual and prospective

5 participants under programs covered by section

6 105(b) to assist such participants in understanding

7 the substantive and procedural requirements for par8 ticipating in such programs.

9 ‘‘(3) EXCLUSIVITY.—The Office shall be the ex10 clusive element of the Department of Justice per11 forming functions and activities for the purpose

12 specified in paragraph (2). There are hereby trans13 ferred to the Office all functions and activities for

14 such purpose performed immediately before the date

15 of the enactment of this Act by any other element

16 of the Department.

17 ‘‘(b) MEANS.—The Director shall, in coordination

18 with the heads of the other elements of the Department,

19 carry out the purpose of the Office through the following

20 means:

21 ‘‘(1) Promoting coordination of public and pri22 vate efforts and resources within or available to

23 States, units of local government, and neighborhood

24 and community-based organizations.
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1 ‘‘(2) Providing information, training, and tech2 nical assistance.

3 ‘‘(3) Providing support for inter- and intra4 agency task forces and other agreements and for as5 sessment of the effectiveness of programs, projects,

6 approaches, or practices.

7 ‘‘(4) Providing in the assessment of the effec8 tiveness of neighborhood and community-based law

9 enforcement and crime prevention strategies and

10 techniques, in coordination with the National Insti11 tute of Justice.

12 ‘‘(5) Any other similar means.

13 ‘‘(c) LOCATIONS.—Training referred to in subsection

14 (a) shall be provided on a regional basis to groups of such

15 participants. In a case in which remedial training is appro16 priate, as recommended by the Director or the head of

17 any element of the Department, such training may be pro18 vided on a local basis to a single such participant.

19 ‘‘(d) BEST PRACTICES.—The Director shall—

20 ‘‘(1) identify grants under which clearly bene21 ficial outcomes were obtained, and the characteris22 tics of those grants that were responsible for obtain23 ing those outcomes; and

24 ‘‘(2) incorporate those characteristics into the

25 training provided under this section.
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1 ‘‘(e) AVAILABILITY OF FUNDS.—Not to exceed 5 per2 cent of all funding made available for a fiscal year for the

3 programs covered by section 105(b) shall be reserved for

4 the activities of the Community Capacity Development Of5 fice as authorized by this section.’’.

6 (b) EFFECTIVE DATE.—This section and the amend7 ment made by this section take effect 90 days after the

8 date of the enactment of this Act.

9 SEC. 250. OFFICE OF APPLIED LAW ENFORCEMENT TECH10 NOLOGY.

11 (a) IN GENERAL.—Part A of title I of the Omnibus

12 Crime Control and Safe Streets Act of 1968 is amended

13 by adding after section 106, as added by section 249 of

14 this Act, the following new section:

15 ‘‘SEC. 107. OFFICE OF APPLIED LAW ENFORCEMENT TECH16 NOLOGY.

17 ‘‘(a) ESTABLISHMENT.—There is established within

18 the Office an Office of Applied Law Enforcement Tech19 nology, headed by a Director appointed by the Attorney

20 General. The purpose of the Office shall be to provide

21 leadership and focus to those grants of the Department

22 of Justice that are made for the purpose of using or im23 proving law enforcement computer systems.

24 ‘‘(b) DUTIES.—In carrying out the purpose of the Of25 fice, the Director shall—
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1 ‘‘(1) establish clear minimum standards for

2 computer systems that can be purchased using

3 amounts awarded under such grants; and

4 ‘‘(2) ensure that recipients of such grants use

5 such systems to participate in crime reporting pro6 grams administered by the Department.’’.

7 (b) EFFECTIVE DATE.—This section and the amend8 ment made by this section take effect 90 days after the

9 date of the enactment of this Act.

10 SEC. 251. AVAILABILITY OF FUNDS FOR GRANTS.

11 (a) IN GENERAL.—Part A of title I of the Omnibus

12 Crime Control and Safe Streets Act of 1968 is amended

13 by adding after section 107, as added by section 250 of

14 this Act, the following new section:

15 ‘‘SEC. 108. AVAILABILITY OF FUNDS.

16 ‘‘(a) PERIOD FOR AWARDING GRANT FUNDS.—

17 ‘‘(1) IN GENERAL.—Unless otherwise specifi18 cally provided in an authorization, DOJ grant funds

19 for a fiscal year shall remain available to be awarded

20 and distributed to a grantee only in that fiscal year

21 and the three succeeding fiscal years, subject to

22 paragraphs (2) and (3). DOJ grant funds not so

23 awarded and distributed shall revert to the Treas24 ury.
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1 ‘‘(2) TREATMENT OF REPROGRAMMED

2 FUNDS.—DOJ grant funds for a fiscal year that are

3 reprogrammed in a later fiscal year shall be treated

4 for purposes of paragraph (1) as DOJ grant funds

5 for such later fiscal year.

6 ‘‘(3) TREATMENT OF DEOBLIGATED FUNDS.—If

7 DOJ grant funds were obligated and then

8 deobligated, the period of availability that applies to

9 those grant funds under paragraph (1) shall be ex10 tended by a number of days equal to the number of

11 days from the date on which those grant funds were

12 obligated to the date on which those grant funds

13 were deobligated.

14 ‘‘(b) PERIOD FOR EXPENDING GRANT FUNDS.—

15 DOJ grant funds for a fiscal year that have been awarded

16 and distributed to a grantee may be expended by that

17 grantee only in the period permitted under the terms of

18 the grant. DOJ grant funds not so expended shall revert

19 to the Treasury.

20 ‘‘(c) DEFINITION.—In this section, the term ‘DOJ

21 grant funds’ means, for a fiscal year, amounts appro22 priated for activities of the Department of Justice in car23 rying out grant programs for that fiscal year.
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1 ‘‘(d) APPLICABILITY.—This section applies to DOJ

2 grant funds for fiscal years beginning with fiscal year

3 2004.’’.

4 (b) EFFECTIVE DATE.—This section and the amend5 ment made by this section take effect 90 days after the

6 date of the enactment of this Act.

7 SEC. 252. CONSOLIDATION OF FINANCIAL MANAGEMENT

8 SYSTEMS OF OFFICE OF JUSTICE PROGRAMS.

9 (a) CONSOLIDATION OF ACCOUNTING ACTIVITIES

10 AND PROCUREMENT ACTIVITIES.—The Assistant Attor11 ney General of the Office of Justice Programs shall ensure

12 that—

13 (1) all accounting activities for all elements of

14 the Office of Justice Programs are carried out under

15 the direct management of the Office of the Comp16 troller; and

17 (2) all procurement activities for all elements of

18 the Office are carried out under the direct manage19 ment of the Office of Administration.

20 (b) FURTHER CONSOLIDATION OF PROCUREMENT

21 ACTIVITIES.—The Assistant Attorney General shall en22 sure that, on and after September 30, 2007—

23 (1) all procurement activities for all elements of

24 the Office are carried out through a single manage25 ment office; and
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1 (2) all contracts and purchase orders used in

2 carrying out those activities are processed through a

3 single procurement system.

4 (c) CONSOLIDATION OF FINANCIAL MANAGEMENT

5 SYSTEMS.—The Assistant Attorney General shall ensure

6 that, on and after September 30, 2010, all financial man7 agement activities (including human resources, payroll,

8 and accounting activities, as well as procurement activi9 ties) of all elements of the Office are carried out through

10 a single financial management system.

11 (d) ACHIEVING COMPLIANCE.—

12 (1) SCHEDULE.—The Assistant Attorney Gen13 eral shall undertake a scheduled consolidation of op14 erations to achieve compliance with the requirements

15 of this section.

16 (2) SPECIFIC REQUIREMENTS.—With respect to

17 achieving compliance with the requirements of—

18 (A) subsection (a), the consolidation of op19 erations shall be initiated not later than 90

20 days after the date of the enactment of this

21 Act; and

22 (B) subsections (b) and (c), the consolida23 tion of operations shall be initiated not later

24 than September 30, 2005, and shall be carried

25 out by the Office of Administration, in con-
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1 sultation with the Chief Information Officer

2 and the Office of Audit, Assessment, and Man3 agement.

4 SEC. 253. AUTHORIZATION AND CHANGE OF COPS PRO5 GRAM TO SINGLE GRANT PROGRAM.

6 (a) IN GENERAL.—Section 1701 of title I of the Om7 nibus Crime Control and Safe Streets Act of 1968 (42

8 U.S.C. 3796dd) is amended—

9 (1) by amending subsection (a) to read as fol10 lows:

11 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen12 eral shall carry out a single grant program under which

13 the Attorney General makes grants to States, units of

14 local government, Indian tribal governments, other public

15 and private entities, and multi-jurisdictional or regional

16 consortia for the purposes described in subsection (b).’’;

17 (2) by striking subsections (b) and (c);

18 (3) by redesignating subsection (d) as sub19 section (b), and in that subsection—

20 (A) by striking ‘‘ADDITIONAL GRANT

21 PROJECTS.—Grants made under subsection (a)

22 may include programs, projects, and other ac23 tivities to—’’ and inserting ‘‘USES OF GRANT

24 AMOUNTS.—The purposes for which grants
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1 made under subsection (a) may be made are—

2 ’’;

3 (B) by redesignating paragraphs (1)

4 through (12) as paragraphs (5) through (16),

5 respectively;

6 (C) by inserting before paragraph (5) (as

7 so redesignated) the following new paragraphs:

8 ‘‘(1) rehire law enforcement officers who have

9 been laid off as a result of State and local budget

10 reductions for deployment in community-oriented po11 licing;

12 ‘‘(2) hire and train new, additional career law

13 enforcement officers for deployment in community14 oriented policing across the Nation;

15 ‘‘(3) procure equipment, technology, or support

16 systems, or pay overtime, to increase the number of

17 officers deployed in community-oriented policing;

18 ‘‘(4) improve security at schools and on school

19 grounds in the jurisdiction of the grantee through—

20 ‘‘(A) placement and use of metal detectors,

21 locks, lighting, and other deterrent measures;

22 ‘‘(B) security assessments;

23 ‘‘(C) security training of personnel and

24 students;
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1 ‘‘(D) coordination with local law enforce2 ment; and

3 ‘‘(E) any other measure that, in the deter4 mination of the Attorney General, may provide

5 a significant improvement in security;’’; and

6 (D) by amending paragraph (8) (as so re7 designated) to read as follows:

8 ‘‘(8) develop new technologies, including inter9 operable communications technologies, modernized

10 criminal record technology, and forensic technology,

11 to assist State and local law enforcement agencies in

12 reorienting the emphasis of their activities from re13 acting to crime to preventing crime and to train law

14 enforcement officers to use such technologies;’’;

15 (4) by redesignating subsections (e) through (k)

16 as subsections (c) through (i), respectively;

17 (5) in subsection (c) (as so redesignated) by

18 striking ‘‘subsection (i)’’ and inserting ‘‘subsection

19 (g)’’; and

20 (6) by adding at the end the following new sub21 section:

22 ‘‘(j) MATCHING FUNDS FOR SCHOOL SECURITY

23 GRANTS.—Notwithstanding subsection (i), in the case of

24 a grant under subsection (a) for the purposes described

25 in subsection (b)(4)—
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1 ‘‘(1) the portion of the costs of a program pro2 vided by that grant may not exceed 50 percent;

3 ‘‘(2) any funds appropriated by Congress for

4 the activities of any agency of an Indian tribal gov5 ernment or the Bureau of Indian Affairs performing

6 law enforcement functions on any Indian lands may

7 be used to provide the non-Federal share of a

8 matching requirement funded under this subsection;

9 and

10 ‘‘(3) the Attorney General may provide, in the

11 guidelines implementing this section, for the require12 ment of paragraph (1) to be waived or altered in the

13 case of a recipient with a financial need for such a

14 waiver or alteration.’’.

15 (b) CONFORMING AMENDMENT.—Section 1702 of

16 title I of such Act (42 U.S.C. 3796dd–1) is amended in

17 subsection (d)(2) by striking ‘‘section 1701(d)’’ and in18 serting ‘‘section 1701(b)’’.

19 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

20 1001(a)(11) of title I of such Act (42 U.S.C. 3793(a)(11))

21 is amended—

22 (1) in subparagraph (A) by striking clause (i)

23 and all that follows through the period at the end

24 and inserting the following:

25 ‘‘(i) $1,007,624,000 for fiscal year 2004;
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1 ‘‘(ii) $1,027,176,000 for fiscal year 2005; and

2 ‘‘(iii) $1,047,119,000 for fiscal year 2006.’’;

3 and

4 (2) in subparagraph (B)—

5 (A) by striking ‘‘section 1701(f)’’ and in6 serting ‘‘section 1701(d)’’; and

7 (B) by striking the third sentence.

8 SEC. 254. CLARIFICATION OF PERSONS ELIGIBLE FOR BEN9 EFITS UNDER PUBLIC SAFETY OFFICERS’

10 DEATH BENEFITS PROGRAMS.

11 (a) PERSONS ELIGIBLE FOR DEATH BENEFITS.—

12 Section 1204 of the Omnibus Crime Control and Safe

13 Streets Act of 1968 (42 U.S.C. 3796b), as most recently

14 amended by section 2(a) of the Mychal Judge Police and

15 Fire Chaplains Public Safety Officers’ Benefit Act of 2002

16 (Public Law 107–196; 116 Stat. 719), is amended—

17 (1) by redesignating paragraphs (7) and (8) as

18 paragraphs (8) and (9), respectively;

19 (2) by inserting after paragraph (6) the fol20 lowing new paragraph:

21 ‘‘(7) ‘member of a rescue squad or ambulance

22 crew’ means an officially recognized or designated

23 public employee member of a rescue squad or ambu24 lance crew;’’; and
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1 (3) in paragraph (4) by striking ‘‘and’’ and all

2 that follows through the end and inserting a semi3 colon.

4 (b) CLARIFICATION OF LIMITATION ON PAYMENTS IN

5 NON-CIVILIAN CASES.—Section 1202(5) of such Act (42

6 U.S.C. 3796a(5)) is amended by inserting ‘‘with respect’’

7 before ‘‘to any individual’’.

8 (c) WAIVER OF COLLECTION IN CERTAIN CASES.—

9 Section 1201 of such Act (42 U.S.C. 3796) is amended

10 by adding at the end the following:

11 ‘‘(k) In any case in which the Bureau paid, before

12 the date of the enactment of Public Law 107–196, any

13 benefit under this part to an individual who—

14 ‘‘(1) before the enactment of that law was enti15 tled to receive that benefit; and

16 ‘‘(2) by reason of the retroactive effective date

17 of that law is no longer entitled to receive that ben18 efit,

19 ‘‘the Bureau may suspend or end activities to collect that

20 benefit if the Bureau determines that collecting that ben21 efit is impractical or would cause undue hardship to that

22 individual.’’.

23 (d) DESIGNATION OF BENEFICIARY.—Section

24 1201(a)(4) of such Act (42 U.S.C. 3796(a)(4)) is amend25 ed to read as follows:
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1 ‘‘(4) if there is no surviving spouse or surviving

2 child—

3 ‘‘(A) in the case of a claim made on or

4 after the date that is 90 days after the date of

5 the enactment of this subparagraph, to the indi6 vidual designated by such officer as beneficiary

7 under this section in such officer’s most re8 cently executed designation of beneficiary on

9 file at the time of death with such officer’s pub10 lic safety agency, organization, or unit, provided

11 that such individual survived such officer; or

12 ‘‘(B) if there is no individual qualifying

13 under subparagraph (A), to the individual des14 ignated by such officer as beneficiary under

15 such officer’s most recently executed life insur16 ance policy, provided that such individual sur17 vived such officer; or’’.

18 SEC. 255. RESEARCH-BASED BULLYING PREVENTION PRO19 GRAMS.

20 Paragraph (13) of section 1801(b) of the Omnibus

21 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

22 3796ee(b)) is amended by inserting before the semicolon

23 at the end the following: ‘‘, which may include research24 based bullying prevention programs’’.
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1 TITLE III—MISCELLANEOUS

2 PROVISIONS

3 SEC. 301. TECHNICAL AMENDMENTS RELATING TO PUBLIC

4 LAW 107–56.

5 (a) STRIKING SURPLUS WORDS.—

6 (1) Section 2703(c)(1) of title 18, United

7 States Code, is amended by striking ‘‘or’’ at the end

8 of subparagraph (C).

9 (2) Section 1960(b)(1)(C) of title 18, United

10 States Code, is amended by striking ‘‘to be used to

11 be used’’ and inserting ‘‘to be used’’.

12 (b) PUNCTUATION AND GRAMMAR CORRECTIONS.—

13 Section 2516(1)(q) of title 18, United States Code, is

14 amended—

15 (1) by striking the semicolon after the first

16 close parenthesis; and

17 (2) by striking ‘‘sections’’ and inserting ‘‘sec18 tion’’.

19 (c) CROSS REFERENCE CORRECTION.—Section 322

20 of Public Law 107–56 is amended, effective on the date

21 of the enactment of that section, by striking ‘‘title 18’’

22 and inserting ‘‘title 28’’.

23 (d) CAPITALIZATION CORRECTION.—Subsections (a)

24 and (b) of section 2703 of title 18, United States Code,

25 are each amended by striking ‘‘CONTENTS OF WIRE OR
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1 ELECTRONIC’’ and inserting ‘‘CONTENTS OF WIRE OR

2 ELECTRONIC’’.

3 SEC. 302. MISCELLANEOUS TECHNICAL AMENDMENTS.

4 (a) PUNCTUATION CORRECTIONS.—The heading for

5 section 1591 of title 18, United States Code, is amended

6 by inserting a comma after ‘‘fraud’’.

7 (b) DUPLICATE SECTION NUMBERS.—The second

8 section 540C in chapter 33 of title 28, United States Code,

9 is redesignated as section 540D, and the item relating to

10 that section in the table of sections at the beginning of

11 that chapter is redesignated accordingly and transferred

12 so as to be placed after the item relating to section 540C.

13 (c) TABLE OF SECTIONS OMISSION.—The table of

14 sections at the beginning of chapter 203 of title 18, United

15 States Code, is amended by inserting after the item relat16 ing to section 3050 the following new item:

‘‘3051. Powers of Special Agents of Bureau of Alcohol, Tobacco, Firearms, and

Explosives.’’.

17 (d) REPEAL OF DUPLICATIVE PROGRAM.—Section

18 316 of Part A of the Runaway and Homeless Youth Act

19 (42 U.S.C. 5712d), as added by section 40155 of the Vio20 lent Crime Control and Law Enforcement Act of 1994

21 (Public Law 103–322; 108 Stat. 1922), is repealed.
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1 SEC. 303. MINOR SUBSTANTIVE AMENDMENT RELATING TO

2 CONTENTS OF FBI ANNUAL REPORT.

3 Section 540D(b)(1)(A) of title 28, United States

4 Code, as redesignated by section 302(b), is further amend5 ed by inserting ‘‘and the number of such personnel who

6 receive danger pay under section 151 of the Foreign Rela7 tions Authorization Act, Fiscal Years 1990 and 1991 (5

8 U.S.C. 5928 note)’’ after ‘‘year’’.

9 SEC. 304. USE OF FEDERAL TRAINING FACILITIES.

10 (a) FEDERAL TRAINING FACILITIES.—Unless specifi11 cally authorized in writing by the Attorney General, the

12 Department of Justice (and each entity within it) shall

13 use for any predominately internal training or conference

14 meeting only a facility that does not require a payment

15 to a private entity for use of the facility.

16 (b) ANNUAL REPORT.—The Attorney General shall

17 prepare an annual report to the Chairmen and ranking

18 minority members of the Committees on the Judiciary of

19 the Senate and of the House of Representatives that de20 tails each training and conference meeting that requires

21 specific authorization under subsection (a). The report

22 shall include an explanation of why the facility was chosen,

23 and a breakdown of any expenditures incurred in excess

24 of the cost of conducting the training or meeting at a facil25 ity that did not require such authorization.
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1 SEC. 305. PRIVACY OFFICER.

2 (a) IN GENERAL.—The Attorney General shall des3 ignate a senior official in the Department of Justice to

4 assume primary responsibility for privacy policy.

5 (b) RESPONSIBILITIES.—The responsibilities of such

6 official shall include—

7 (1) assuring that the use of technologies sus8 tain, and do not erode, privacy protections relating

9 to the use, collection, and disclosure of personally

10 identifiable information;

11 (2) assuring that personally identifiable infor12 mation contained in systems of records is handled in

13 full compliance with fair information practices as set

14 out in section 552a of title 5, United States Code;

15 (3) evaluating legislative and regulatory pro16 posals involving collection, use, and disclosure of

17 personally identifiable information by the Federal

18 Government;

19 (4) conducting a privacy impact assessment of

20 proposed rules of the Department on the privacy of

21 personally identifiable information, including the

22 type of personally identifiable information collected

23 and the number of people affected;

24 (5) preparing a report to Congress on an an25 nual basis on activities of the Department that af26 fect privacy, including complaints of privacy viola-
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1 tions, implementation of section 552a of title 5,

2 United States Code, internal controls, and other rel3 evant matters;

4 (6) ensuring that the Department protects per5 sonally identifiable information and information sys6 tems from unauthorized access, use, disclosure, dis7 ruption, modification, or destruction in order to

8 provide—

9 (A) integrity, which means guarding

10 against improper information modification or

11 destruction, and includes ensuring information

12 nonrepudiation and authenticity;

13 (B) confidentially, which means preserving

14 authorized restrictions on access and disclosure,

15 including means for protecting personal privacy

16 and proprietary information;

17 (C) availability, which means ensuring

18 timely and reliable access to and use of that in19 formation; and

20 (D) authentication, which means utilizing

21 digital credentials to assure the identity of

22 users and validate their access; and

23 (7) advising the Attorney General and the Di24 rector of the Office of Management and Budget on
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1 information security and privacy issues pertaining to

2 Federal Government information systems.

3 (c) REVIEW.—The Department of Justice shall re4 view its policies to assure that the Department treats per5 sonally identifiable information in its databases in a man6 ner that complies with applicable Federal law on privacy.

7 SEC. 306. BANKRUPTCY CRIMES.

8 The Director of the Executive Office for United

9 States Trustees shall prepare an annual report to the Con10 gress detailing—

11 (1) the number and types of criminal referrals

12 made by the United States Trustee Program;

13 (2) the outcomes of each criminal referral;

14 (3) for any year in which the number of crimi15 nal referrals is less than for the prior year, an expla16 nation of the decrease; and

17 (4) the United States Trustee Program’s efforts

18 to prevent bankruptcy fraud and abuse, particularly

19 with respect to the establishment of uniform internal

20 controls to detect common, higher risk frauds, such

21 as a debtor’s failure to disclose all assets.
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1 SEC. 307. REPORT TO CONGRESS ON STATUS OF UNITED

2 STATES PERSONS OR RESIDENTS DETAINED

3 ON SUSPICION OF TERRORISM.

4 Not less often than once every 12 months, the Attor5 ney General shall submit to Congress a report on the sta6 tus of United States persons or residents detained, as of

7 the date of the report, on suspicion of terrorism. The re8 port shall—

9 (1) specify the number of persons or residents

10 so detained; and

11 (2) specify the standards developed by the De12 partment of Justice for recommending or deter13 mining that a person should be tried as a criminal

14 defendant or should be designated as an enemy com15 batant.

16 SEC. 308. TECHNICAL CORRECTION RELATING TO DEFINI17 TION USED IN ‘‘TERRORISM TRANSCENDING

18 NATIONAL BOUNDARIES’’ STATUTE.

19 Section 1958 of title 18, United States Code, is

20 amended—

21 (1) in subsection (a), by striking ‘‘facility in’’

22 and inserting ‘‘facility of’’; and

23 (2) in subsection (b)(2), by inserting ‘‘or for24 eign’’ after ‘‘interstate’’.
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1 SEC. 309. INCREASED PENALTIES AND EXPANDED JURIS2 DICTION FOR SEXUAL ABUSE OFFENSES IN

3 CORRECTIONAL FACILITIES.

4 (a) EXPANDED JURISDICTION.—The following provi5 sions of title 18, United States Code, are each amended

6 by inserting ‘‘or in the custody of the Attorney General

7 or the Bureau of Prisons or any institution or facility in

8 which the person is confined by direction of the Attorney

9 General,’’ after ‘‘in a Federal prison,’’:

10 (1) Subsections (a) and (b) of section 2241.

11 (2) The first sentence of subsection (c) of sec12 tion 2241.

13 (3) Section 2242.

14 (4) Subsections (a) and (b) of section 2243.

15 (5) Subsections (a) and (b) of section 2244.

16 (b) INCREASED PENALTIES.—

17 (1) SEXUAL ABUSE OF A WARD.—Section

18 2243(b) of such title is amended by striking ‘‘one

19 year’’ and inserting ‘‘five years’’.

20 (2) ABUSIVE SEXUAL CONTACT.—Section 2244

21 of such title is amended by striking ‘‘six months’’

22 and inserting ‘‘two years’’ in each of subsections

23 (a)(4) and (b).
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1 SEC. 310. EXPANDED JURISDICTION FOR CONTRABAND OF2 FENSES IN CORRECTIONAL FACILITIES.

3 Section 1791(a) of title 18, United States Code, is

4 amended in each of paragraphs (1) and (2) by inserting

5 ‘‘or an individual in the custody of the Attorney General

6 or the Bureau of Prisons or any institution or facility in

7 which the person is confined by direction of the Attorney

8 General’’ after ‘‘an inmate of a prison’’.

9 SEC. 311. MAGISTRATE JUDGE’S AUTHORITY TO CONTINUE

10 PRELIMINARY HEARING.

11 The second sentence of section 3060(c) of title 18,

12 United States Code, is amended to read as follows: ‘‘In

13 the absence of such consent of the accused, the judge or

14 magistrate judge may extend the time limits only on a

15 showing that extraordinary circumstances exist and justice

16 requires the delay.’’.

17 SEC. 312. RECOGNIZING THE 40TH ANNIVERSARY OF THE

18 FOUNDING OF THE LAWYERS’ COMMITTEE

19 FOR CIVIL RIGHTS UNDER LAW AND SUP20 PORTING THE DESIGNATION OF AN EQUAL

21 JUSTICE DAY.

22 (a) FINDINGS.—Congress finds that—

23 (1) on June 21, 1963, President John F. Ken24 nedy and Attorney General Robert F. Kennedy con25 vened 244 members of the National, State, and local
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1 private bar to provide legal representation to remedy

2 racial discrimination against minority communities;

3 (2) without President Kennedy’s vision for ra4 cial justice, the bar would have remained silent in

5 the face of vocal resistance by Southern State legis6 latures against desegregation;

7 (3) for more than 4 decades, the Lawyers’

8 Committee for Civil Rights Under Law (hereinafter

9 in this section referred to as ‘‘Lawyers’ Committee’’)

10 has worked to advance the civil rights of African11 Americans and other racial and ethnic minority com12 munities in the areas of environmental protection,

13 employment, affirmative action, fair housing, edu14 cation, and voting;

15 (4) the Lawyers’ Committee operated an office

16 in Jackson, Mississippi, from 1964 through 1984,

17 which filed numerous cases that transformed the

18 State, including the defense of civil rights dem19 onstrators, desegregation of many public institutions

20 and workforces, reformation of the notorious

21 Parchman Prison, and numerous voting rights cases

22 resulting in a revolution in the number of African23 American elected officials in State positions and

24 Congress;
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1 (5) the Lawyers’ Committee fought for passage

2 of the Civil Rights Act of 1964, Voting Rights Act

3 of 1965 and the 1982 Amendments, Fair Housing

4 Act of 1988, Civil Rights Act of 1991, and National

5 Voter Registration Act of 1993;

6 (6) the Lawyers’ Committee secured a land7 mark, unanimous United States Supreme Court de8 cision that strengthened first amendment protections

9 for peaceful political boycotts in Claiborne Hardware

10 Co. v. NAACP;

11 (7) the Lawyers’ Committee created a police

12 community relations program in 1965 that recruited

13 African-Americans for law enforcement positions and

14 eased tensions between law enforcement officers and

15 African-American communities;

16 (8) the Lawyers’ Committee defended the stu17 dents of Jackson State University following police

18 shootings upon a peaceful demonstration that killed

19 2 persons and wounded a dozen others;

20 (9) the Lawyers’ Committee operated its Cairo,

21 Illinois office from 1969 through 1972 in response

22 to intense racial unrest and police brutality in the

23 city;

24 (10) the Lawyers’ Committee recruited attor25 neys from the local bar to represent African-Ameri-
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1 cans who could not obtain legal counsel during the

2 1960s;

3 (11) the Lawyers’ Committee transformed Afri4 can-American voting strength by litigating critical

5 cases throughout the South to oppose archaic voter

6 discrimination laws, poll taxes, and literacy tests

7 that prevented African-Americans from registering

8 and voting;

9 (12) the Lawyers’ Committee launched the

10 Urban Areas Project in 1968, which resulted in local

11 independent Lawyers’ Committee offices in Philadel12 phia, Los Angeles, Boston, Chicago, San Francisco,

13 Denver, San Antonio, and Washington, D.C.;

14 (13) the Lawyers’ Committee developed the

15 Southern African Project, which provided legal as16 sistance to thousands of political detainees and tech17 nical assistance in resisting pro-apartheid legislation

18 for more than 20 years and which monitored elec19 tions in Namibia in 1989 and elections in South Af20 rica in 1994;

21 (14) the Lawyers’ Committee led the defense of

22 Executive Order 11246 when it was attacked during

23 the Reagan Administration in the 1980s;

24 (15) the Lawyers’ Committee litigated a series

25 of cases from the 1970s to the present that deseg-
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1 regated police and fire departments throughout the

2 Nation, notably in the State of Mississippi and in

3 Miami, Birmingham, Cleveland, Nassau County,

4 Buffalo, and Houston;

5 (16) in Givens v. Hamlet Estates, the Lawyers’

6 Committee acquired the first seizure order in a fair

7 housing case that led to the exposure of a decade old

8 racial coding system that denied apartments to

9 6,000 African-Americans and Hispanics in Miami,

10 Florida;

11 (17) the Lawyers’ Committee obtained victories

12 in 3 cases before the United States Supreme Court

13 in 1996–1997 involving the Voting Rights Act, in14 cluding Young v. Fordice, Lawyer v. United States,

15 and King v. State Board of Elections;

16 (18) the Lawyers’ Committee persuaded the

17 Environmental Protection Agency to relocate 358

18 African-American families living around the

19 Escambia toxic Superfund site in Pensacola, Flor20 ida;

21 (19) the Lawyers’ Committee coordinated a

22 Church Burning Project in the 1990s to provide free

23 legal assistance to churches that were destroyed dur24 ing a bitter rampage of racially motivated church

25 burnings;
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1 (20) in Washington Park Land Committee v.

2 Portsmouth, the Lawyers’ Committee secured a case

3 settlement that led to the relocation of 185 families

4 from toxic lead poisoned segregated public housing

5 in Portsmouth, Virginia, to new integrated housing

6 opportunities; and

7 (21) June 21, 2003 is the 40th anniversary of

8 the founding of the Lawyers’ Committee.

9 (b) RECOGNITION.—Pursuant to the findings in sub10 section (a), Congress—

11 (1) recognizes that these accomplishments of

12 the Lawyers’ Committee reflect the tremendous com13 mitment to implementing justice that President

14 Kennedy embarked on 40 years ago;

15 (2) recognizes the achievements of the Lawyers’

16 Committee, as its staff and pro bono attorneys, cli17 ents, and friends commemorate and celebrate its

18 40th anniversary; and

19 (3) supports the designation of an appropriate

20 day as ‘‘Equal Justice Day’’ in honor of the dedi21 cated work of the Lawyers’ Committee and the

22 many hours of pro bono service offered by lawyers

23 and law firms throughout this country to secure jus24 tice and equal opportunity for all.
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1 TITLE IV—KOBY MANDELL ACT

2 SEC. 401. SHORT TITLE.

3 This title may be cited as the ‘‘Koby Mandell Act of

4 2003’’.

5 SEC. 402. FINDINGS.

6 The Congress finds the following:

7 (1) Numerous American citizens have been

8 murdered or maimed by terrorists around the world.

9 (2) Some American citizens who have been vic10 tims of terrorism overseas have not received from

11 the United States Government services equal to

12 those received by other such victims of overseas ter13 rorism.

14 (3) The United States Government has not de15 voted adequate efforts or resources to the apprehen16 sion of terrorists who have harmed American citi17 zens overseas. Monetary rewards for information

18 leading to the capture of terrorists overseas, which

19 the government advertises in regions where the ter20 rorists are believed to be hiding, have not been ad21 vertised adequately.

22 (4) To remedy these and related problems, an

23 office should be established within the Department

24 of Justice for the purpose of ensuring equally vig25 orous efforts to capture all terrorists who have
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1 harmed American citizens overseas and equal treat2 ment for all American victims of overseas terrorism.

3 SEC. 403. ESTABLISHMENT OF AN OFFICE IN THE DEPART4 MENT OF JUSTICE TO UNDERTAKE SPECIFIC

5 STEPS TO FACILITATE THE CAPTURE OF TER6 RORISTS WHO HAVE HARMED AMERICAN

7 CITIZENS OVERSEAS AND TO ENSURE THAT

8 ALL AMERICAN VICTIMS OF OVERSEAS TER9 RORISM ARE TREATED EQUALLY.

10 The President shall establish within the Department

11 of Justice an office (hereinafter in this title the ‘‘Office’’)

12 to carry out the following activities:

13 (1) The Office shall create the Bringing Terror14 ists to Justice program, and in so doing will ensure

15 that—

16 (A) rewards are offered to capture all ter17 rorists involved in harming American citizens

18 overseas, regardless of the terrorists’ country of

19 origin or residence;

20 (B) such rewards are prominently adver21 tised in the mass media and public sites in all

22 countries or regions where such terrorists re23 side;
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1 (C) the names and photographs and sus2 pects in all such cases are included on a web

3 site; and

4 (D) the names of the specific organizations

5 claiming responsibility for terrorist attacks

6 mentioned on the site are included in the de7 scriptions of those attacks.

8 (2) The Office shall establish and administer a

9 program which will provide notification for American

10 victims of overseas terrorism or their immediate

11 family to update them on the status of efforts to

12 capture the terrorists who harmed them.

13 (3) The Office shall work with the other United

14 States government agencies to expand legal restric15 tions on the ability of murderers to reap profits from

16 books or movies concerning their crimes—the ‘‘Son

17 of Sam’’ laws that currently exist in many States, so

18 as to ensure that terrorists who harm American citi19 zens overseas are unable to profit from book or

20 movie sales in the United States.

21 (4) The Office shall endeavor to determine if

22 terrorists who have harmed American citizens over23 seas are serving in their local police or security

24 forces. Whenever it is found that terrorists who have

25 harmed American citizens overseas are serving in
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1 their local police or security forces, the Office shall

2 alert those United States Government agencies in3 volved in providing assistance, directly or indirectly,

4 to those forces, and shall request of those agencies

5 that all such assistance be halted until the aforemen6 tioned terrorists are removed from their positions.

7 (5) The Office shall undertake a comprehensive

8 assessment of the pattern of United States indict9 ments and prosecution of terrorists who have

10 harmed American citizens overseas, in order to de11 termine the reasons for the absence of indictments

12 of terrorists residing in some regions. The Office’s

13 assessment shall then be provided to the Attorney

14 General, together with its recommendations.

15 (6) The Office shall endeavor to monitor public

16 actions by governments and regimes overseas per17 taining to terrorists who have harmed American citi18 zens, such as naming of schools, streets, or other

19 public institutions or sites after such terrorists. In

20 such instances, the Office shall encourage other

21 United States Government agencies to halt their

22 provision of assistance, directly or indirectly, to

23 those institutions.

24 (7) In cases where terrorists who have harmed

25 Americans overseas, and are subsequently released
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1 from incarceration abroad, are eligible for further

2 prosecution in the United States, the Office shall co3 ordinate with other government agencies to seek the

4 transfer of those terrorists to the United States for

5 further prosecution.

6 SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

7 (a) IN GENERAL.—There are authorized to be appro8 priated for fiscal year 2004 and subsequent fiscal years

9 such sums as may be necessary to carry out this title.

10 (b) AVAILABILITY.—Amounts appropriated under

11 subsection (a) are authorized to remain available until ex12 pended.

13 TITLE V—MATTERS RELATING

14 TO INTELLIGENCE AND

15 COUNTERINTELLIGENCE

16 SEC. 501. FBI OFFICE OF COUNTERINTELLIGENCE.

17 (a) IN GENERAL.—Chapter 33 of title 28, United

18 States Code, is amended by inserting after section 535 the

19 following new section:

20 ‘‘§ 535A. Office of Counterintelligence

21 ‘‘Subject to the supervision of the Attorney General,

22 the Director of the Federal Bureau of Investigation may

23 establish an Office of Counterintelligence within the Bu24 reau to investigate potential espionage activities within the

25 Bureau.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of such chapter is amended by inserting

3 after the item relating to section 535 the following new

4 item:

‘‘535A. Office of Counterintelligence.’’.

Passed the House of Representatives March 30,

2004.

Attest:

Clerk.