IB 

Union Calendar No. 246

108TH CONGRESS 

2D SESSION H. R. 3036

[Report No. 108–426] 

To authorize appropriations for the Department of Justice for fiscal years 

2004 through 2006, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 9, 2003

Mr. SENSENBRENNER (for himself and Mr. CONYERS) introduced the 

following bill; which was referred to the Committee on the Judiciary 

FEBRUARY 24, 2004

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on September 9, 2003] 

A BILL

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 ‘‘De3 partment of Justice Appropriations Authorization Act, Fis4 cal Years 2004 through 2006’’. 

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

6 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. 

Subtitle B—Building Community Capacity to Prevent, Reduce, and Control 

Crime 

Sec. 211. Office of Weed and Seed Strategies. 

Subtitle C—Assisting Victims of Crime 

Sec. 221. Grants to local nonprofit organizations to improve outreach services to 

victims of crime. 

Sec. 222. Clarification and enhancement of certain authorities relating to Crime 

Victims Fund. 

Sec. 223. Amounts received under crime victim grants may be used by State for 

training purposes. 

Sec. 224. Clarification of authorities relating to Violence Against Women formula 

and discretionary grant programs. 

Sec. 225. Expansion of grant programs assisting enforcement of domestic violence 

cases to also assist enforcement of sexual assault cases. 

Sec. 226. Change of certain reports from annual to biennial. 
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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. 

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. 

TITLE IV—DNA DATABASE ENHANCEMENT 

Sec. 401. Short title. 

Sec. 402. Inclusion of DNA samples from all persons convicted of violent felonies. 

Sec. 403. Authorization for States to upload DNA samples collected in a lawful 

manner. 

Sec. 404. Requirement that law enforcement officers be able to compare collected 

DNA samples with national database. 

Sec. 405. Reauthorization of DNA backlog grant program. 
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TITLE V—KOBY MANDELL ACT 

Sec. 501. Short title. 

Sec. 502. Findings. 

Sec. 503. 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. 504. Authorization of appropriations.

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 year 

6 2004, to carry out the activities of the Department of Jus7 tice (including any bureau, office, board, division, commis8 sion, subdivision, unit, or other component thereof), the fol9 lowing 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 clem15 ency petitions and for immigration-related activities. 

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

17 Office of Inspector General: $70,000,000, which shall 

18 include not to exceed $10,000 to meet unforeseen 

19 emergencies of a confidential character. 

20 (4) GENERAL LEGAL ACTIVITIES.—For General 

21 Legal Activities: $665,346,000, which shall include—
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1 (A) not less than $4,000,000 for the inves2 tigation and prosecution of denaturalization and 

3 deportation cases involving alleged Nazi war 

4 criminals; 

5 (B) not to exceed $20,000 to meet unforeseen 

6 emergencies of a confidential character; and 

7 (C) such sums as may be necessary for ad8 ministrative expenses in accordance with the Ra9 diation Exposure Compensation Act. 

10 (5) ANTITRUST DIVISION.—For the Antitrust Di11 vision: $141,898,000. 

12 (6) UNITED STATES ATTORNEYS.—For United 

13 States Attorneys: $1,556,784,000, which shall include 

14 not less than $10,000,000 for the investigation and 

15 prosecution of intellectual property crimes, including 

16 software counterfeiting crimes, crimes identified in 

17 the No Electronic Theft (NET) Act (Public Law 105–

18 147), and violations of laws prohibiting unsolicited 

19 commercial e-mail: Provided, That such amounts in 

20 the appropriations account ‘‘General Legal Services’’ 

21 as may be expended for such investigations or pros22 ecutions shall count towards this minimum as though 

23 expended from this appropriations account.
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1 (7) FEDERAL BUREAU OF INVESTIGATION.—For 

2 the Federal Bureau of Investigation: $4,639,569,000, 

3 which shall include—

4 (A) not to exceed $1,250,000 for construc5 tion, to remain available until expended; 

6 (B) not to exceed $70,000 to meet unforeseen 

7 emergencies of a confidential character; and 

8 (C) such sums as may be necessary to as9 sign employees to the Terrorism Threat Integra10 tion Center: Provided, That such amounts may 

11 only be expended for analyzing intelligence infor12 mation. 

13 (8) UNITED STATES MARSHALS SERVICE.—For 

14 the United States Marshals Service: $720,806,000, 

15 which shall include not to exceed $1,371,000 for con16 struction, to remain available until expended. 

17 (9) FEDERAL PRISON SYSTEM.—For the Federal 

18 Prison System, including the National Institute of 

19 Corrections: $4,677,214,000. 

20 (10) DRUG ENFORCEMENT ADMINISTRATION.—

21 For the Drug Enforcement Administration: 

22 $1,558,743,000, which shall include not to exceed 

23 $70,000 to meet unforeseen emergencies of a confiden24 tial character. 
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1 (11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS

2 AND EXPLOSIVES.—For the Bureau of Alcohol, To3 bacco, Firearms and Explosives: $851,987,000. 

4 (12) FEES AND EXPENSES OF WITNESSES.—For 

5 Fees and Expenses of Witnesses: $156,145,000 to re6 main available until expended, which shall include 

7 not to exceed $6,000,000 for construction of protected 

8 witness safesites. 

9 (13) INTERAGENCY CRIME AND DRUG ENFORCE10 MENT.—For Interagency Crime and Drug Enforce11 ment: $541,844,000, for expenses not otherwise pro12 vided for, for the investigation and prosecution of per13 sons involved in organized crime drug trafficking, ex14 cept that any funds obligated from appropriations 

15 authorized by this paragraph may be used under au16 thorities available to the organizations reimbursed 

17 from such funds. 

18 (14) FOREIGN CLAIMS SETTLEMENT COMMIS19 SION.—For the Foreign Claims Settlement Commis20 sion: $1,212,000. 

21 (15) COMMUNITY RELATIONS SERVICE.— For the 

22 Community Relations Service: $9,526,000. 

23 (16) ASSETS FORFEITURE FUND.—For the Assets 

24 Forfeiture Fund: $22,949,000 for expenses authorized 

25 by section 524 of title 28, United States Code. 
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1 (17) UNITED STATES PAROLE COMMISSION.—For 

2 the United States Parole Commission: $11,051,000. 

3 (18) FEDERAL DETENTION TRUSTEE.—For the 

4 necessary expenses of the Federal Detention Trustee: 

5 $810,125,000. 

6 (19) IDENTIFICATION SYSTEMS INTEGRATION.—

7 For expenses necessary for the operation of the Identi8 fication System Integration: $34,077,000. 

9 (20) NARROWBAND COMMUNICATIONS.—For the 

10 costs of conversion to narrowband communications, 

11 including the cost for operation and maintenance of 

12 Land Mobile Radio legacy systems: $140,083,000. 

13 (21) OFFICE OF JUSTICE PROGRAMS.—For ad14 ministrative expenses not otherwise provided for, of 

15 the Office of Justice Programs: $145,768,000. 

16 (22) LEGAL ACTIVITIES OFFICE AUTOMATIONS.—

17 For necessary expenses related to office automation: 

18 $33,240,000. 

19 (23) COUNTERTERRORISM FUND.—For necessary 

20 expenses of the Counterterrorism Fund: $1,000,000. 

21 SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR FIS22 CAL YEAR 2005. 

23 There are authorized to be appropriated for fiscal year 

24 2005, to carry out the activities of the Department of Jus25 tice (including any bureau, office, board, division, commis-
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1 sion, subdivision, unit, or other component thereof), the fol2 lowing sums: 

3 (1) GENERAL ADMINISTRATION.—For General 

4 Administration: $136,447,000. 

5 (2) ADMINISTRATIVE REVIEW AND APPEALS.—

6 For Administrative Review and Appeals: 

7 $201,368,000 for administration of pardon and clem8 ency petitions and for immigration-related activities. 

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

10 Office of Inspector General: $71,400,000, which shall 

11 include not to exceed $10,000 to meet unforeseen 

12 emergencies of a confidential character. 

13 (4) GENERAL LEGAL ACTIVITIES.—For General 

14 Legal Activities: $678,652,000, which shall 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 unforeseen 

20 emergencies of a confidential character; and 

21 (C) such sums as may be necessary for ad22 ministrative expenses inaccordance with the Ra23 diation Exposure Compensation Act. 

24 (5) ANTITRUST DIVISION.—For the Antitrust Di25 vision: $144,736,000. 
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1 (6) UNITED STATES ATTORNEYS.—For United 

2 States Attorneys: $1,587,920,000, which shall include 

3 not less than $10,000,000 for the investigation and 

4 prosecution of intellectual property crimes, including 

5 software counterfeiting crimes, crimes identified in 

6 the No Electronic Theft (NET) Act (Public Law 105–

7 147), and violations of law, against unsolicited com8 mercial e-mail: Provided, That such amounts in the 

9 appropriations account ‘‘General Legal Services’’ as 

10 may be expended for such investigations or prosecu11 tions shall count towards this minimum as though ex12 pended from this appropriations account. 

13 (7) FEDERAL BUREAU OF INVESTIGATION.—For 

14 the Federal Bureau of Investigation: $4,732,360,000, 

15 which shall include—

16 (A) not to exceed $1,250,000 for construc17 tion, to remain available until expended; 

18 (B) not to exceed $70,000 to meet unforeseen 

19 emergencies of a confidential character; and 

20 (C) such sums as may be necessary to as21 sign employees to the Terrorism Threat Integra22 tion Center: Provided, That such amounts may 

23 only be expended for analyzing intelligence infor24 mation.
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1 (8) UNITED STATES MARSHALS SERVICE.—For 

2 the United States Marshals Service: $735,222,000, 

3 which shall include not to exceed $1,371,000 for con4 struction, to remain available until expended. 

5 (9) FEDERAL PRISON SYSTEM.—For the Federal 

6 Prison System, including the National Institute of 

7 Corrections: $4,770,758,000. 

8 (10) DRUG ENFORCEMENT ADMINISTRATION.—

9 For the Drug Enforcement Administration: 

10 $1,589,918,000, which shall include not to exceed 

11 $70,000 to meet unforeseen emergencies of a confiden12 tial character. 

13 (11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS

14 AND EXPLOSIVES.—For the Bureau of Alcohol, To15 bacco, Firearms and Explosives: $869,027,000. 

16 (12) FEES AND EXPENSES OF WITNESSES.—For 

17 Fees and Expenses of Witnesses: $156,268,000 to re18 main available until expended, which shall include 

19 not to exceed $6,000,000 for construction of protected 

20 witness safesites. 

21 (13) INTERAGENCY CRIME AND DRUG ENFORCE22 MENT.—For Interagency Crime and Drug Enforce23 ment: $552,681,000, for expenses not otherwise pro24 vided for, for the investigation and prosecution of per25 sons involved in organized crime drug trafficking, ex-
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1 cept that any funds obligated from appropriations 

2 authorized by this paragraph may be used under au3 thorities available to the organizations reimbursed 

4 from such funds. 

5 (14) FOREIGN CLAIMS SETTLEMENT COMMIS6 SION.—For the Foreign Claims Settlement Commis7 sion: $1,236,000. 

8 (15) COMMUNITY RELATIONS SERVICE.—For the 

9 Community Relations Service: $9,716,000. 

10 (16) ASSETS FORFEITURE FUND.—For the Assets 

11 Forfeiture Fund: $23,949,000 for expenses authorized 

12 by section 524 of title 28, United States Code. 

13 (17) UNITED STATES PAROLE COMMISSION.—For 

14 the United States Parole Commission: $11,272,000. 

15 (18) FEDERAL DETENTION TRUSTEE.—For the 

16 necessary expenses of the Federal Detention Trustee: 

17 $826,327,000. 

18 (19) IDENTIFICATION SYSTEMS INTEGRATION.—

19 For expenses necessary for the operation of the Identi20 fication System Integration: $34,758,000. 

21 (20) NARROWBAND COMMUNICATIONS.—For the 

22 costs of conversion to narrowband communications, 

23 including the cost for operation and maintenance of 

24 Land Mobile Radio legacy systems: $142,885,000. 
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1 (21) OFFICE OF JUSTICE PROGRAMS.—For ad2 ministrative expenses not otherwise provided for, of 

3 the Office of Justice Programs: $148,683,000. 

4 (22) LEGAL ACTIVITIES OFFICE AUTOMATIONS.—

5 For necessary expenses related to office automation: 

6 $33,904,000. 

7 (23) COUNTERTERRORISM FUND.—For necessary 

8 expenses of the Counterterrorism Fund: $1,020,000. 

9 SEC. 103. AUTHORIZATION OF APPROPRIATIONS FOR FIS10 CAL YEAR 2006. 

11 There are authorized to be appropriated for fiscal year 

12 2006, to carry out the activities of the Department of Jus13 tice (including any bureau, office, board, division, commis14 sion, subdivision, unit, or other component thereof), the fol15 lowing sums: 

16 (1) GENERAL ADMINISTRATION.—For General 

17 Administration: $139,176,000. 

18 (2) ADMINISTRATIVE REVIEW AND APPEALS.—

19 For Administrative Review and Appeals: 

20 $205,395,000 for administration of pardon and clem21 ency petitions and for immigration-related activities. 

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

23 Office of Inspector General: $72,828,000, which shall 

24 include not to exceed $10,000 to meet unforeseen 

25 emergencies of a confidential character. 
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1 (4) GENERAL LEGAL ACTIVITIES.—For General 

2 Legal Activities: $692,225,000, which shall include—

3 (A) not less than $4,000,000 for the inves4 tigation and prosecution of denaturalization and 

5 deportation cases involving alleged Nazi war 

6 criminals; 

7 (B) not to exceed $20,000 to meet unforeseen 

8 emergencies of a confidential character; and 

9 (C) such sums as may be necessary for ad10 ministrative expenses in accordance with the Ra11 diation Exposure Compensation Act. 

12 (5) ANTITRUST DIVISION.—For the Antitrust Di13 vision: $147,631,000. 

14 (6) UNITED STATES ATTORNEYS.—For United 

15 States Attorneys: $1,619,678,000, which shall include 

16 not less than $10,000,000 for the investigation and 

17 prosecution of intellectual property crimes, including 

18 software counterfeiting crimes, crimes identified in 

19 the No Electronic Theft (NET) Act (Public Law 105–

20 147), and violations of law, against unsolicited com21 mercial e-mail: Provided, That such amounts in the 

22 appropriations account ‘‘General Legal Services’’ as 

23 may be expended for such investigations or prosecu24 tions shall count towards this minimum as though ex25 pended from this appropriations account. 
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1 (7) FEDERAL BUREAU OF INVESTIGATION.—For 

2 the Federal Bureau of Investigation: $4,832,107,000, 

3 which shall include—

4 (A) not to exceed $1,250,000 for construc5 tion, to remain available until expended; 

6 (B) not to exceed $70,000 to meet unforeseen 

7 emergencies of a confidential character; and 

8 (C) such sums as may be necessary to as9 sign employees to the Terrorism Threat Integra10 tion Center: Provided, That such amounts may 

11 only be expended for analyzing intelligence infor12 mation. 

13 (8) UNITED STATES MARSHALS SERVICE.—For 

14 the United States Marshals Service: $749,926,000 

15 which shall include not to exceed $1,371,000 for con16 struction, to remain available until expended. 

17 (9) FEDERAL PRISON SYSTEM.—For the Federal 

18 Prison System, including the National Institute of 

19 Corrections: $4,866,173,000. 

20 (10) DRUG ENFORCEMENT ADMINISTRATION.—

21 For the Drug Enforcement Administration: 

22 $1,621,716,000, which shall include not to exceed 

23 $70,000 to meet unforeseen emergencies of a confiden24 tial character.
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1 (11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS

2 AND EXPLOSIVES.—For the Bureau of Alcohol, To3 bacco, Firearms and Explosives: $886,407,000. 

4 (12) FEES AND EXPENSES OF WITNESSES.—For 

5 Fees and Expenses of Witnesses: $159,393,000 to re6 main available until expended, which shall include 

7 not to exceed $6,000,000 for construction of protected 

8 witness safesites. 

9 (13) INTERAGENCY CRIME AND DRUG ENFORCE10 MENT.—For Interagency Crime and Drug Enforce11 ment: $563,918,000, for expenses not otherwise pro12 vided for, for the investigation and prosecution of per13 sons involved in organized crime drug trafficking, ex14 cept that any funds obligated from appropriations 

15 authorized by this paragraph may be used under au16 thorities available to the organizations reimbursed 

17 from such funds. 

18 (14) FOREIGN CLAIMS SETTLEMENT COMMIS19 SION.—For the Foreign Claims Settlement Commis20 sion: $1,260,000. 

21 (15) COMMUNITY RELATIONS SERVICE.—For the 

22 Community Relations Service: $9,910,000. 

23 (16) ASSETS FORFEITURE FUND.—For the Assets 

24 Forfeiture Fund: $24,428,000 for expenses authorized 

25 by section 524 of title 28, United States Code. 
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1 (17) UNITED STATES PAROLE COMMISSION.—For 

2 the United States Parole Commission: $11,497,000. 

3 (18) FEDERAL DETENTION TRUSTEE.—For the 

4 necessary expenses of the Federal Detention Trustee: 

5 $842,854,000. 

6 (19) IDENTIFICATION SYSTEMS INTEGRATION.—

7 For expenses necessary for the operation of the Identi8 fication System Integration: $35,453,000. 

9 (20) NARROWBAND COMMUNICATIONS.—For the 

10 costs of conversion to narrowband communications, 

11 including the cost for operation and maintenance of 

12 Land Mobile Radio legacy systems: $145,743,000. 

13 (21) OFFICE OF JUSTICE PROGRAMS.—For ad14 ministrative expenses not otherwise provided for, of 

15 the Office of Justice Programs: $151,657,000. 

16 (22) LEGAL ACTIVITIES OFFICE AUTOMATIONS.—

17 For necessary expenses related to office automation: 

18 $34,582,000. 

19 (23) COUNTERTERRORISM FUND.—For necessary 

20 expenses of the Counterterrorism Fund: $1,040,000. 
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1 TITLE II—IMPROVING THE DE2 PARTMENT OF JUSTICE’S 

3 GRANT PROGRAMS 

4 Subtitle A—Assisting Law Enforce5 ment and Criminal Justice 

6 Agencies 

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

8 LAW ENFORCEMENT BLOCK GRANT PRO9 GRAM. 

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

11 Crime Control and Safe Streets Act of 1968 is amended 

12 as follows: 

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

14 3759) is repealed. 

15 (2) Such part is further amended—

16 (A) by inserting before section 500 (42 

17 U.S.C. 3750) the following new heading: 

18 ‘‘Subpart 1—Edward Byrne Memorial Justice 

19 Assistance Grant Program’’; 

20 (B) by amending section 500 to read as fol21 lows: 

22 ‘‘SEC. 500. NAME OF PROGRAM. 

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

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

25 Memorial Justice Assistance Grant Program’. 
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1 ‘‘(b) REFERENCES TO FORMER PROGRAMS.—Any ref2 erence in a law, regulation, document, paper, or other 

3 record of the United States to the Edward Byrne Memorial 

4 State and Local Law Enforcement Assistance Programs, or 

5 to the Local Government Law Enforcement Block Grants 

6 program, shall be deemed to be a reference to the grant pro7 gram referred to in subsection (a).’’; and 

8 (C) by inserting after section 500 the fol9 lowing new sections: 

10 ‘‘SEC. 501. DESCRIPTION. 

11 ‘‘(a) GRANTS AUTHORIZED.—From amounts made 

12 available to carry out this subpart, the Attorney General 

13 may, in accordance with the formula established under sec14 tion 505, make grants to States and units of local govern15 ment, for use by the State or unit of local government to 

16 provide additional personnel, equipment, supplies, contrac17 tual support, training, technical assistance, and informa18 tion systems for criminal justice, including for any one or 

19 more of the following programs: 

20 ‘‘(1) Law enforcement programs. 

21 ‘‘(2) Prosecution and court programs. 

22 ‘‘(3) Prevention and education programs. 

23 ‘‘(4) Corrections and community corrections pro24 grams. 

25 ‘‘(5) Drug treatment programs. 
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1 ‘‘(6) Planning, evaluation, and technology im2 provement programs. 

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

4 of local government may, in using a grant under this sub5 part for purposes authorized by subsection (a), use all or 

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

7 more subawards to one or more—

8 ‘‘(1) neighborhood or community-based organiza9 tions that are private and nonprofit; 

10 ‘‘(2) units of local government; or 

11 ‘‘(3) tribal governments. 

12 ‘‘(c) PROGRAM ASSESSMENT COMPONENT; WAIVER.—

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

14 shall contain a program assessment component, devel15 oped pursuant to guidelines established by the Attor16 ney General, in coordination with the National Insti17 tute of Justice. 

18 ‘‘(2) The Attorney General may waive the re19 quirement of paragraph (1) with respect to a program 

20 if, in the opinion of the Attorney General, the pro21 gram is not of sufficient size to justify a full program 

22 assessment. 

23 ‘‘(d) PROHIBITED USES.—Notwithstanding any other 

24 provision of this Act, no funds provided under this subpart
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1 may be used, directly or indirectly, to provide any of the 

2 following matters: 

3 ‘‘(1) Any security enhancements or any equip4 ment to any nongovernmental entity that is not en5 gaged in criminal justice or public safety. 

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

7 extraordinary and exigent circumstances exist that 

8 make the use of such funds to provide such matters 

9 essential to the maintenance of public safety and good 

10 order—

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

12 ‘‘(B) luxury items; 

13 ‘‘(C) real estate; 

14 ‘‘(D) construction projects (other than penal 

15 or correctional institutions); or 

16 ‘‘(E) any similar matters. 

17 ‘‘(e) ADMINISTRATIVE COSTS.—Not more than 10 per18 cent of a grant made under this subpart may be used for 

19 costs incurred to administer such grant. 

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

21 subpart shall be four years, except that renewals and exten22 sions beyond that period may be granted at the discretion 

23 of the Attorney General. 

24 ‘‘(g) RULE OF CONSTRUCTION.—Subparagraph (d)(1) 

25 shall not be construed to prohibit the use, directly or indi-
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1 rectly, of funds provided under this subpart to provide secu2 rity at a public event, such as a political convention or 

3 major sports event, so long as such security is provided 

4 under applicable laws and procedures. 

5 ‘‘SEC. 502. APPLICATIONS. 

6 ‘‘To request a grant under this subpart, the chief execu7 tive officer of a State or unit of local government shall sub8 mit an application to the Attorney General within 90 days 

9 after the date on which funds to carry out this subpart are 

10 appropriated for a fiscal year, in such form as the Attorney 

11 General may require. Such application shall include the fol12 lowing: 

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

14 available under this subpart will not be used to sup15 plant State or local funds, but will be used to increase 

16 the amounts of such funds that would, in the absence 

17 of Federal funds, be made available for law enforce18 ment activities. 

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

20 before the application (or any amendment to the ap21 plication) was submitted to the Attorney General, the 

22 application (or amendment) was submitted for review 

23 to the governing body of the State or unit of local gov24 ernment (or to an organization designated by that 

25 governing body). 
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1 ‘‘(3) An assurance that, before the application 

2 (or any amendment to the application) was submitted 

3 to the Attorney General—

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

5 made public; and 

6 ‘‘(B) an opportunity to comment on the ap7 plication (or amendment) was provided to citi8 zens and to neighborhood or community-based 

9 organizations, to the extent applicable law or es10 tablished procedure makes such an opportunity 

11 available. 

12 ‘‘(4) An assurance that, for each fiscal year cov13 ered by an application, the applicant shall maintain 

14 and report such data, records, and information (pro15 grammatic and financial) as the Attorney General 

16 may reasonably require. 

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

18 to the Attorney General and executed by the chief ex19 ecutive officer of the applicant (or by another officer 

20 of the applicant, if qualified under regulations pro21 mulgated by the Attorney General), that—

22 ‘‘(A) the programs to be funded by the grant 

23 meet all the requirements of this subpart; 

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

25 application is correct; 
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1 ‘‘(C) there has been appropriate coordina2 tion with affected agencies; and 

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

4 provisions of this subpart and all other applica5 ble Federal laws. 

6 ‘‘SEC. 503. REVIEW OF APPLICATIONS. 

7 ‘‘The Attorney General shall not finally disapprove 

8 any application (or any amendment to that application) 

9 submitted under this subpart without first affording the ap10 plicant reasonable notice of any deficiencies in the applica11 tion and opportunity for correction and reconsideration. 

12 ‘‘SEC. 504. RULES. 

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

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

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

16 made available to carry out this subpart. 

17 ‘‘SEC. 505. FORMULA. 

18 ‘‘(a) ALLOCATION AMONG STATES.—

19 ‘‘(1) IN GENERAL.—Of the total amount appro20 priated for this subpart, the Attorney General shall 

21 allocate—

22 ‘‘(A) 50 percent of such amount to each 

23 State in amounts that bear the same ratio of—

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

25 to—
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1 ‘‘(ii) the total population of the United 

2 States; and 

3 ‘‘(B) 50 percent of such amount to each 

4 State in amounts that bear the same ratio of—

5 ‘‘(i) the average annual number of part 

6 I violent crimes of the Uniform Crime Re7 ports of the Federal Bureau of Investigation 

8 reported by such State for the three most re9 cent years reported by such State to—

10 ‘‘(ii) the average annual number of 

11 such crimes reported by all States for such 

12 years. 

13 ‘‘(2) MINIMUM ALLOCATION.—Notwithstanding 

14 paragraph (1), no State shall receive less than .25 

15 percent of such total amount for each fiscal year. 

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

17 LOCAL GOVERNMENT.—Of the amounts allocated under 

18 subsection (a)—

19 ‘‘(1) 60 percent shall be for direct grants to 

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

21 ‘‘(2) 40 percent shall be for grants to be allocated 

22 under subsection (d). 

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

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

25 under subsection (b)(1), each State may retain for the
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1 purposes described in section 501 an amount that 

2 bears the same ratio of—

3 ‘‘(A) total expenditures on criminal justice 

4 by the State government in the most recently 

5 completed fiscal year to—

6 ‘‘(B) the total expenditure on criminal jus7 tice by the State government and units of local 

8 government within the State in such year. 

9 ‘‘(2) REMAINING AMOUNTS.—Except as provided 

10 in subsection (e)(1), any amounts remaining after the 

11 allocation required by paragraph (1) shall be made 

12 available to units of local government by the State for 

13 the purposes described in section 501. 

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

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

16 under subsection (b)(2), grants for the purposes de17 scribed in section 501 shall be made directly to units 

18 of local government within each State in accordance 

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

20 ‘‘(2) ALLOCATIONS FOR CATEGORIES OF LIKE

21 UNITS OF LOCAL GOVERNMENT.—Of the amounts re22 ferred to in paragraph (1), each of the four categories 

23 of like governmental units (county, city, township, 

24 and other) within a State shall be allocated an 

25 amount that bears the same ratio of—
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1 ‘‘(A) the total expenditures on criminal jus2 tice by units of local government in that category 

3 within that State in the most recently completed 

4 fiscal year to—

5 ‘‘(B) the total expenditures on criminal jus6 tice by all units of local government within that 

7 State in such year. 

8 ‘‘(3) ALLOCATIONS FOR UNITS OF LOCAL GOV9 ERNMENT.—Of the amounts allocated to a category 

10 under paragraph (2), each unit of local government 

11 in that category within that State shall be allocated 

12 an amount that bears the same ratio of—

13 ‘‘(A) the average annual number of part I 

14 violent crimes of the Uniform Crime Reports of 

15 the Federal Bureau of Investigation reported by 

16 such unit of local government for the three most 

17 recent years reported by such unit of local gov18 ernment to—

19 ‘‘(B) the average annual number of such 

20 crimes reported by all like governmental units 

21 for such years. 

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

23 LOCAL GOVERNMENT.—

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

25 government shall receive a total allocation under this 
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1 section that exceeds such unit’s total expenditures on 

2 criminal justice services for the most recently com3 pleted fiscal year for which data are available. Any 

4 amount in excess of such total expenditures shall be 

5 allocated proportionally among units of local govern6 ment whose allocations under this section do not ex7 ceed their total expenditures on such services. 

8 ‘‘(2) ALLOCATIONS UNDER $10,000.—If the alloca9 tion under this section to a unit of local government 

10 is less than $10,000 for any fiscal year, the direct 

11 grant to the State under subsection (c) shall be in12 creased by the amount of such allocation, to be dis13 tributed (for the purposes described in section 501) 

14 among State police departments that provide crimi15 nal justice services to units of local government and 

16 units of local government whose allocation under this 

17 section is less than $10,000. 

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

19 under this section shall be made to a unit of local 

20 government that has not reported at least three years 

21 of data on part I violent crimes of the Uniform Crime 

22 Reports to the Federal Bureau of Investigation within 

23 the immediately-preceding 10 years. 

24 ‘‘(f) FUNDS NOT USED BY THE STATE.—If the Attor25 ney General determines, on the basis of information avail-
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1 able during any grant period, that any allocation (or por2 tion thereof) under this section to a State for such grant 

3 period will not be required, or that a State will be unable 

4 to qualify or receive funds under this subpart, or that a 

5 State chooses not to participate in the program established 

6 under this subpart, then such State’s allocation (or portion 

7 thereof) shall be awarded by the Attorney General to units 

8 of local government, or combinations thereof, within such 

9 State, giving priority to those jurisdictions with the highest 

10 annual number of part I violent crimes of the Uniform 

11 Crime Reports reported by the unit of local government to 

12 the Federal Bureau of Investigation for the three most re13 cent calendar years for which such data are available. 

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

15 ‘‘(1) ALL FUNDS SET ASIDE FOR COMMON16 WEALTH GOVERNMENT.—Notwithstanding subsection 

17 (b), of the amounts allocated under subsection (a) to 

18 Puerto Rico, 100 percent shall be for direct grants to 

19 Puerto Rico. 

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

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

22 ‘‘(h) DEFINITION.—

23 ‘‘(1) IN GENERAL.—For purposes of this section, 

24 the term ‘like governmental unit’ means any like unit
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1 of local government as defined by the Secretary of 

2 Commerce for general statistical purposes. 

3 ‘‘(2) CERTAIN LIKE UNITS REQUIRED.—Notwith4 standing paragraph (1), in determining the meaning 

5 of such term for purposes of this section—

6 ‘‘(A) all counties (including parishes) shall 

7 be treated as like governmental units; 

8 ‘‘(B) all cities shall be treated as like gov9 ernmental units; 

10 ‘‘(C) all townships shall be treated as like 

11 governmental units; and 

12 ‘‘(D) all governmental units of other par13 ticular types shall be treated as like govern14 mental units of such types. 

15 ‘‘SEC. 506. RESERVED FUNDS. 

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

17 subpart for a fiscal year, the Attorney General shall reserve 

18 not more than—

19 ‘‘(1) $20,000,000, for use by the National Insti20 tute of Justice in assisting units of local government 

21 to identify, select, develop, modernize, and purchase 

22 new technologies for use by law enforcement; and 

23 ‘‘(2) $20,000,000, to be granted by the Attorney 

24 General to States and units of local government to de-
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1 velop and implement antiterrorism training pro2 grams. 

3 ‘‘SEC. 507. INTEREST-BEARING TRUST FUNDS. 

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

5 local government shall establish a trust fund in which to 

6 deposit amounts received under this subpart. 

7 ‘‘(b) EXPENDITURES.—

8 ‘‘(1) IN GENERAL.—Each amount received under 

9 this subpart (including interest on such amount) shall 

10 be expended before the date on which the grant period 

11 expires. 

12 ‘‘(2) REPAYMENT.—A State or unit of local gov13 ernment that fails to expend an entire amount (in14 cluding interest on such amount) as required by 

15 paragraph (1) shall repay the unexpended portion to 

16 the Attorney General not later than 3 months after 

17 the date on which the grant period expires. 

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

19 State or unit of local government fails to comply with 

20 paragraphs (1) and (2), the Attorney General shall 

21 reduce amounts to be provided to that State or unit 

22 of local government accordingly. 

23 ‘‘(c) REPAID AMOUNTS.—Amounts received as repay24 ments under this section shall be subject to section 108 of 

25 this title as if such amounts had not been granted and re-
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1 paid. Such amounts shall be deposited in the Treasury in 

2 a dedicated fund for use by the Attorney General to carry 

3 out this subpart. Such funds are hereby made available to 

4 carry out this subpart. 

5 ‘‘SEC. 508. AUTHORIZATION OF APPROPRIATIONS. 

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

7 this subpart $1,075,000,000 for fiscal year 2004 and such 

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

9 through 2008.’’. 

10 (b) REPEALS OF CERTAIN AUTHORITIES RELATING TO

11 BYRNE GRANTS.—

12 (1) DISCRETIONARY GRANTS TO PUBLIC AND PRI13 VATE ENTITIES.—Chapter A of subpart 2 of Part E 

14 of title I of the Omnibus Crime Control and Safe 

15 Streets Act of 1968 (42 U.S.C. 3760–3762) is re16 pealed. 

17 (2) TARGETED GRANTS TO CURB MOTOR VEHI18 CLE THEFT.—Subtitle B of title I of the Anti Car 

19 Theft Act of 1992 (42 U.S.C. 3750a–3750d) is re20 pealed. 

21 (c) CONFORMING AMENDMENTS.—

22 (1) CRIME IDENTIFICATION TECHNOLOGY ACT.—

23 Subsection (c)(2)(G) of section 102 of the Crime Iden24 tification Technology Act of 1998 (42 U.S.C. 14601) 

25 is amended by striking ‘‘such as’’ and all that follows 
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1 through ‘‘the M.O.R.E. program’’ and inserting ‘‘such 

2 as the Edward Byrne Justice Assistance Grant Pro3 gram and the M.O.R.E. program’’. 

4 (2) SAFE STREETS ACT.—Title I of the Omnibus 

5 Crime Control and Safe Streets Act of 1968 is amend6 ed—

7 (A) in section 517 (42 U.S.C. 3763), in sub8 section (a)(1), by striking ‘‘pursuant to section 

9 511 or 515’’ and inserting ‘‘pursuant to section 

10 515’’; 

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

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

13 ‘‘the program evaluations as required by 

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

15 ‘‘program evaluations’’; 

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

17 ‘‘evaluations of programs funded under sec18 tion 506 (formula grants) and sections 511 

19 and 515 (discretionary grants) of this part’’ 

20 and inserting ‘‘evaluations of programs 

21 funded under section 505 (formula grants) 

22 and section 515 (discretionary grants) of 

23 this part’’; and 

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

25 ‘‘programs funded under section 506 (for-
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1 mula grants) and section 511 (discretionary 

2 grants)’’ and inserting ‘‘programs funded 

3 under section 505 (formula grants)’’; 

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

5 (i) in subsection (a), in the matter pre6 ceding paragraph (1), by striking ‘‘section 

7 506’’ and inserting ‘‘section 505’’; and 

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

9 ‘‘an assessment of the impact of such activi10 ties on meeting the needs identified in the 

11 State strategy submitted under section 503’’ 

12 and inserting ‘‘an assessment of the impact 

13 of such activities on meeting the purposes of 

14 subpart 1’’; 

15 (D) in section 801 (42 U.S.C. 3782), in sub16 section (b)—

17 (i) by striking ‘‘the purposes of section 

18 501 of this title’’ and inserting ‘‘the pur19 poses of such subpart 1’’; and 

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

22 and inserting ‘‘the application submitted 

23 pursuant to section 502 of this title’’; 

24 (E) in section 808 (42 U.S.C. 3789), by 

25 striking ‘‘the State office described in section 507
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1 or 1408’’ and inserting ‘‘the State office respon2 sible for the trust fund required by section 507, 

3 or the State office described in section 1408,’’; 

4 (F) in section 901 (42 U.S.C. 3791), in sub5 section (a)(2), by striking ‘‘for the purposes of 

6 section 506(a)’’ and inserting ‘‘for the purposes 

7 of section 505(a)’’; 

8 (G) in section 1502 (42 U.S.C. 3796bb–1)—

9 (i) in paragraph (1), by striking ‘‘sec10 tion 506(a)’’ and inserting ‘‘section 

11 505(a)’’; 

12 (ii) in paragraph (2)—

13 (I) by striking ‘‘section 503(a)’’ 

14 and inserting ‘‘section 502’’; and 

15 (II) by striking ‘‘section 506’’ and 

16 inserting ‘‘section 505’’; 

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

18 in subsection (b), by striking ‘‘The office des19 ignated under section 507 of title I’’ and insert20 ing ‘‘The office responsible for the trust fund re21 quired by section 507’’; 

22 (I) in section 1702 (42 U.S.C. 3796dd–1), 

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

24 consideration of the statewide strategy under sec25 tion 503(a)(1)’’; and 
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1 (J) in section 1902 (42 U.S.C. 3796ff–1), in 

2 subsection (e), by striking ‘‘The Office designated 

3 under section 507’’ and inserting ‘‘The office re4 sponsible for the trust fund required by section 

5 507’’. 

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

7 section shall apply with respect to the first fiscal year begin8 ning after the date of the enactment of this Act and each 

9 fiscal year thereafter. 

10 SEC. 202. CLARIFICATION OF NUMBER OF RECIPIENTS WHO 

11 MAY BE SELECTED IN A GIVEN YEAR TO RE12 CEIVE PUBLIC SAFETY OFFICER MEDAL OF 

13 VALOR. 

14 Section 3(c) of the Public Safety Officer Medal of Valor 

15 Act of 2001 (42 U.S.C. 15202(c)) is amended by striking 

16 ‘‘more than 5 recipients’’ and inserting ‘‘more than 5 indi17 viduals, or groups of individuals, as recipients’’. 

18 SEC. 203. CONGRESSIONAL MEDAL AND PLAQUE FOR PUB19 LIC SAFETY OFFICERS WHO RESPONDED TO 

20 THE ATTACKS ON THE UNITED STATES ON 

21 SEPTEMBER 11, 2001. 

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

23 (1) to commemorate the sacrifices made and 

24 service rendered to the United States by those public 
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1 safety officers who responded to the attacks on the 

2 United States on September 11, 2001; and 

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

4 third anniversary of those attacks. 

5 (b) PRESENTATION AUTHORIZED.—

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

7 Representatives and the President pro tempore of the 

8 Senate are authorized jointly to present, on behalf of 

9 the Congress—

10 (A) to individuals certified by the Attorney 

11 General pursuant to subsection (e), a bronze 

medal 11 12 ⁄2 inches in diameter commemorating 

13 the service to the United States of those individ14 uals; and 

15 (B) to public agencies certified by the Attor16 ney General pursuant to subsection (e), a plaque 

17 commemorating the service to the United States 

18 of the officers, employees, or agents of those agen19 cies. 

20 (2) DATE.—The presentation shall be made as 

21 close as feasible to the third anniversary of the attacks 

22 on the United States on September 11, 2001. 

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

24 certified by the Attorney General pursuant to sub-
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1 section (e), the medal may be accepted by the next of 

2 kin of any such individual. 

3 (c) DESIGN AND STRIKING.—

4 (1) CONSULTATION.—The Attorney General shall 

5 consult with the Institute of Heraldry of the Depart6 ment of Defense regarding the design and artistry of 

7 the medal and the plaque authorized by this section. 

8 The Attorney General may also consider suggestions 

9 received by the Department of Justice regarding the 

10 design and artistry of the medal and the plaque, in11 cluding suggestions made by persons not employed by 

12 the Department of Justice. 

13 (2) STRIKING.—After such consultation, the At14 torney General shall strike such medals and produce 

15 such plaques as may be required to carry out this sec16 tion. 

17 (d) ELIGIBILITY REQUIREMENTS.—

18 (1) INDIVIDUALS.—

19 (A) IN GENERAL.—To be eligible to be pre20 sented the medal referred to in subsection (b), an 

21 individual must have been a public safety officer 

22 (as defined in section 5 of the Public Safety Offi23 cer Medal of Valor Act of 2001 (42 U.S.C. 

24 15204))—
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1 (i) who was present in New York, Vir2 ginia, or Pennsylvania on September 11, 

3 2001; 

4 (ii) who participated in the response 

5 that day to the terrorist attacks on the 

6 World Trade Center, the terrorist attack on 

7 the Pentagon, or the terrorist attack that re8 sulted in the crash of the fourth airplane in 

9 Pennsylvania; and 

10 (iii) who died as a result of such par11 ticipation. 

12 (B) RULE OF CONSTRUCTION.—An indi13 vidual who was killed in one of the attacks re14 ferred to in subparagraph (A)(ii) shall be 

15 deemed, for purposes of that subparagraph, to 

16 have participated in the response. 

17 (2) AGENCIES.—To be eligible to be presented the 

18 plaque referred to in subsection (b), a public agency 

19 must have had at least one officer, employee, or agent 

20 who is eligible under paragraph (1) or who would be 

21 so eligible but for the requirement of subparagraph 

22 (A)(iii) of that paragraph. 

23 (3) APPLICATION; DETERMINATION.—To establish 

24 the eligibility required by paragraphs (1) or (2), the 

25 head of a public agency must present to the Attorney
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1 General an application with such supporting docu2 mentation as the Attorney General may require to 

3 support such eligibility and, in the case of the eligi4 bility of an individual, with information on next of 

5 kin. The Attorney General shall determine, through 

6 the documentation provided and, if necessary, inde7 pendent investigation, whether the requirements of 

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

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

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

11 Act, certify to the Speaker of the House of Representatives 

12 and the President pro tempore of the Senate the names of 

13 individuals eligible to receive the medal and public agencies 

14 eligible to receive the plaque. 

15 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated such sums as may be nec17 essary to carry out this section. 

18 SEC. 204. CLARIFICATION OF OFFICIAL TO BE CONSULTED 

19 BY ATTORNEY GENERAL IN CONSIDERING AP20 PLICATION FOR EMERGENCY FEDERAL LAW 

21 ENFORCEMENT ASSISTANCE. 

22 Section 609M(b) of the Justice Assistance Act of 1984 

23 (42 U.S.C. 10501(b)) is amended by striking ‘‘the Director 

24 of the Office of Justice Assistance’’ and inserting ‘‘the As-
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1 sistant Attorney General for the Office of Justice Pro2 grams’’. 

3 SEC. 205. CLARIFICATION OF USES FOR REGIONAL INFOR4 MATION SHARING SYSTEM GRANTS. 

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

6 Safe Streets Act of 1968 (42 U.S.C. 3796h(b)), as most re7 cently amended by section 701 of the USA PATRIOT Act 

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

9 (1) in paragraph (1), by inserting ‘‘regional’’ be10 fore ‘‘information sharing systems’’; 

11 (2) by amending paragraph (3) to read as fol12 lows: 

13 ‘‘(3) establishing and maintaining a secure tele14 communications system for regional information 

15 sharing between Federal, State, and local law enforce16 ment agencies;’’; and 

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

18 (4). 

19 SEC. 206. INTEGRITY AND ENHANCEMENT OF NATIONAL 

20 CRIMINAL RECORD DATABASES. 

21 (a) DUTIES OF DIRECTOR.—Section 302 of the Omni22 bus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

23 3732) is amended—

24 (1) in subsection (b), by inserting after the third 

25 sentence the following new sentence: ‘‘The Director 
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1 shall be responsible for the integrity of data and sta2 tistics and shall protect against improper or illegal 

3 use or disclosure.’’; 

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

5 (c) to read as follows: 

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

7 quality, timeliness, immediate accessibility, and inte8 gration of State criminal history and related records, 

9 support the development and enhancement of national 

10 systems of criminal history and related records in11 cluding the National Criminal History Background 

12 Check System, the National Incident-Based Reporting 

13 System, and the records of the National Crime Infor14 mation Center, facilitate State participation in na15 tional records and information systems, and support 

16 statistical research for critical analysis of the im17 provement and utilization of criminal history 

18 records;’’; and 

19 (3) in subsection (d)—

20 (A) by striking ‘‘and’’ at the end of para21 graph (4); 

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

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

24 (C) by adding at the end the following: 
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1 ‘‘(6) confer and cooperate with Federal statistical 

2 agencies as needed to carry out the purposes of this 

3 part, including by entering into cooperative data 

4 sharing agreements in conformity with all laws and 

5 regulations applicable to the disclosure and use of 

6 data.’’. 

7 (b) USE OF DATA.—Section 304 of such Act (42 U.S.C. 

8 3735) is amended by striking ‘‘particular individual’’ and 

9 inserting ‘‘private person or public agency’’. 

10 (c) CONFIDENTIALITY OF INFORMATION.—Section 

11 812(a) of such Act (42 U.S.C. 3789g(a)) is amended by 

12 striking ‘‘Except as provided by Federal law other than this 

13 title, no’’ and inserting ‘‘No’’. 

14 Subtitle B—Building Community 

15 Capacity to Prevent, Reduce, 

16 and Control Crime 

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

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

19 Crime Control and Safe Streets Act of 1968 is amended 

20 by inserting after section 102 (42 U.S.C. 3712) the fol21 lowing new sections: 

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

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

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

25 by a Director appointed by the Attorney General. 
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1 ‘‘(b) ASSISTANCE.—The Director may assist States, 

2 units of local government, and neighborhood and commu3 nity-based organizations in developing Weed and Seed 

4 strategies, as provided in section 104. 

5 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to carry out this section 

7 $58,265,000 for fiscal year 2004, and such sums as may 

8 be necessary for each of fiscal years 2005 and 2006, to re9 main available until expended. 

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

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

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

13 Seed Strategies may implement strategies, to be known as 

14 Weed and Seed strategies, to prevent, control, and reduce 

15 violent crime, criminal drug-related activity, and gang ac16 tivity in designated Weed-and-Seed communities. Each 

17 such strategy shall involve both of the following activities: 

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

19 Weeding activities, which shall include promoting 

20 and coordinating a broad spectrum of community ef21 forts (especially those of law enforcement agencies and 

22 prosecutors) to arrest, and to sanction or incarcerate, 

23 persons in that community who participate or engage 

24 in violent crime, criminal drug-related activity, and
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1 other crimes that threaten the quality of life in that 

2 community. 

3 ‘‘(2) SEEDING.—Activities, to be known as Seed4 ing activities, which shall include promoting and co5 ordinating a broad spectrum of community efforts 

6 (such as drug abuse education, mentoring, and em7 ployment counseling) to provide—

8 ‘‘(A) human services, relating to prevention, 

9 intervention, or treatment, for at-risk individ10 uals and families; and 

11 ‘‘(B) community revitalization efforts, in12 cluding enforcement of building codes and devel13 opment of the economy. 

14 ‘‘(b) GUIDELINES.—The Director shall issue guidelines 

15 for the development and implementation of Weed and Seed 

16 strategies under this section. The guidelines shall ensure 

17 that the Weed and Seed strategy for a community referred 

18 to in subsection (a) shall—

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

20 under the auspices of a steering committee, properly 

21 established in the community, comprised of—

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

23 of—

24 ‘‘(i) appropriate law enforcement agen25 cies; and 
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1 ‘‘(ii) other public and private agencies, 

2 and neighborhood and community-based or3 ganizations, interested in criminal justice 

4 and community-based development and re5 vitalization in the community; and 

6 ‘‘(B) in a voting capacity, both—

7 ‘‘(i) the Drug Enforcement Adminis8 tration’s special agent in charge for the ju9 risdiction encompassing the community; 

10 and 

11 ‘‘(ii) the United States Attorney for the 

12 District encompassing the community; 

13 ‘‘(2) describe how law enforcement agencies, other 

14 public and private agencies, neighborhood and com15 munity-based organizations, and interested citizens 

16 are to cooperate in implementing the strategy; and 

17 ‘‘(3) incorporate a community-policing compo18 nent that shall serve as a bridge between the Weeding 

19 activities under subsection (a)(1) and the Seeding ac20 tivities under subsection (a)(2). 

21 ‘‘(c) DESIGNATION.—For a community to be des22 ignated as a Weed-and-Seed community for purposes of sub23 section (a)—
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1 ‘‘(1) the United States Attorney for the District 

2 encompassing the community must certify to the Di3 rector that—

4 ‘‘(A) the community suffers from consist5 ently high levels of crime or otherwise is appro6 priate for such designation; 

7 ‘‘(B) the Weed and Seed strategy proposed, 

8 adopted, or implemented by the steering com9 mittee has a high probability of improving the 

10 criminal justice system within the community 

11 and contains all the elements required by the Di12 rector; and 

13 ‘‘(C) the steering committee is capable of 

14 implementing the strategy appropriately; and 

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

16 timely and effective plan to independently sustain the 

17 strategy (or, at a minimum, a majority of the best 

18 practices of the strategy) when assistance under this 

19 section is no longer available. 

20 ‘‘(d) APPLICATION.—An application for designation as 

21 a Weed-and-Seed community for purposes of subsection (a) 

22 shall be submitted to the Director by the steering committee 

23 of the community in such form, and containing such infor24 mation and assurances, as the Director may require. The 

25 application shall propose—
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1 ‘‘(1) a sustainable Weed and Seed strategy that 

2 includes—

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

4 States Attorney for the District encompassing the 

5 community, the Drug Enforcement Administra6 tion’s special agent in charge for the jurisdiction 

7 encompassing the community, and other Federal 

8 law enforcement agencies operating in the vicin9 ity; 

10 ‘‘(B) a significant community-oriented po11 licing component; and 

12 ‘‘(C) demonstrated coordination with com13 plementary neighborhood and community-based 

14 programs and initiatives; and 

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

16 specific objective indicia of performance to be used to 

17 evaluate the effectiveness of the strategy. 

18 ‘‘(e) GRANTS.—

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

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

21 may make grants to that community. 

22 ‘‘(2) USES.—For each grant under this sub23 section, the community receiving that grant—
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1 ‘‘(A) shall use not less than 40 percent of 

2 the grant amounts for Seeding activities under 

3 subsection (a)(2); and 

4 ‘‘(B) may not use any of the grant amounts 

5 for construction, except that the Assistant Attor6 ney General may authorize use of grant amounts 

7 for incidental or minor construction, renovation, 

8 or remodeling. 

9 ‘‘(3) LIMITATIONS.—A community may not re10 ceive grants under this subsection (or fall within such 

11 a community)—

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

13 years; 

14 ‘‘(B) for more than 5 separate fiscal years, 

15 except that the Assistant Attorney General may, 

16 in single increments and only upon a showing of 

17 extraordinary circumstances, authorize grants 

18 for not more than 3 additional separate fiscal 

19 years; or 

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

21 $1,000,000, except that the Assistant Attorney 

22 General may, upon a showing of extraordinary 

23 circumstances, authorize grants for not more 

24 than an additional $500,000.
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1 ‘‘(4) DISTRIBUTION.—In making grants under 

2 this subsection, the Director shall ensure that—

3 ‘‘(A) to the extent practicable, the distribu4 tion of such grants is geographically equitable 

5 and includes both urban and rural areas of 

6 varying population and area; and 

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

8 clearly and effectively coordinate crime preven9 tion programs with other Federal programs in a 

10 manner that addresses the overall needs of such 

11 communities. 

12 ‘‘(5) FEDERAL SHARE.—(A) Subject to subpara13 graph (B), the Federal share of a grant under this 

14 subsection may not exceed 75 percent of the total costs 

15 of the projects described in the application for which 

16 the grant was made. 

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

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

19 and 

20 ‘‘(ii) may be waived by the Assistant Attor21 ney General upon a determination that the fi22 nancial circumstances affecting the applicant 

23 warrant a finding that such a waiver is equi24 table. 
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1 ‘‘(6) SUPPLEMENT, NOT SUPPLANT.—To receive 

2 a grant under this subsection, the applicant must 

3 provide assurances that the amounts received under 

4 the grant shall be used to supplement, not supplant, 

5 non-Federal funds that would otherwise be available 

6 for programs or services provided in the commu7 nity.’’. 

8 (b) ABOLISHMENT OF EXECUTIVE OFFICE OF WEED

9 AND SEED; TRANSFERS OF FUNCTIONS.—

10 (1) ABOLISHMENT.—The Executive Office of 

11 Weed and Seed is abolished. 

12 (2) TRANSFER.—There are hereby transferred to 

13 the Office of Weed and Seed Strategies all functions 

14 and activities performed immediately before the date 

15 of the enactment of this Act by the Executive Office 

16 of Weed and Seed Strategies. 

17 (c) EFFECTIVE DATE.—This section and the amend18 ments made by this section take effect 90 days after the date 

19 of the enactment of this Act. 
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1 Subtitle C—Assisting Victims of 

2 Crime 

3 SEC. 221. GRANTS TO LOCAL NONPROFIT ORGANIZATIONS 

4 TO IMPROVE OUTREACH SERVICES TO VIC5 TIMS OF CRIME. 

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

7 (42 U.S.C. 10603(c)), as most recently amended by section 

8 623 of the USA PATRIOT Act (Public Law 107–56; 115 

9 Stat. 372), is amended—

10 (1) in paragraph (1)—

11 (A) in the matter preceding subparagraph 

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

13 (B) in subparagraph (A), by striking ‘‘and’’ 

14 at the end; 

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

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

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

18 subparagraph: 

19 ‘‘(C) for nonprofit neighborhood and community20 based victim service organizations and coalitions to 

21 improve outreach and services to victims of crime.’’; 

22 (2) in paragraph (2)—

23 (A) in subparagraph (A)—

24 (i) by striking ‘‘paragraph (1)(A)’’ and 

25 inserting ‘‘paragraphs (1)(A) and (1)(C)’’; 
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1 (ii) by striking ‘‘and’’ at the end; 

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

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

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

5 subparagraph: 

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

7 single grant under paragraph (1)(C).’’. 

8 SEC. 222. CLARIFICATION AND ENHANCEMENT OF CERTAIN 

9 AUTHORITIES RELATING TO CRIME VICTIMS 

10 FUND. 

11 Section 1402 of the Victims of Crime Act of 1984 (42 

12 U.S.C. 10601) is amended as follows: 

13 (1) AUTHORITY TO ACCEPT GIFTS.—Subsection 

14 (b)(5) of such section is amended by striking the pe15 riod at the end and inserting the following: ‘‘, which 

16 the Director is hereby authorized to accept for deposit 

17 into the Fund, except that the Director is not hereby 

18 authorized to accept any such gift, bequest, or dona19 tion that—

20 ‘‘(A) attaches conditions inconsistent with 

21 applicable laws or regulations; or 

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

23 the expenditure of appropriated funds that are 

24 not available to the Office for Victims of 

25 Crime.’’. 
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1 (2) AUTHORITY TO REPLENISH ANTITERRORISM

2 EMERGENCY RESERVE.—Subsection (d)(5)(A) of such 

3 section is amended by striking ‘‘expended’’ and insert4 ing ‘‘obligated’’. 

5 (3) AUTHORITY TO MAKE GRANTS TO INDIAN

6 TRIBES FOR VICTIM ASSISTANCE PROGRAMS.—Sub7 section (g) of such section is amended—

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

9 through the Director,’’; 

10 (B) by redesignating paragraph (2) as 

11 paragraph (3); and 

12 (C) by inserting after paragraph (1) the fol13 lowing new paragraph: 

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

15 funds available under subsection (d)(2) (prior to distribu16 tion) for grants to Indian tribes to establish victim assist17 ance programs, as appropriate.’’. 

18 SEC. 223. AMOUNTS RECEIVED UNDER CRIME VICTIM 

19 GRANTS MAY BE USED BY STATE FOR TRAIN20 ING PURPOSES. 

21 (a) CRIME VICTIM COMPENSATION.—Section 

22 1403(a)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 

23 10602(a)(3)) is amended by inserting after ‘‘may be used 

24 for’’ the following: ‘‘training purposes and’’.
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1 (b) CRIME VICTIM ASSISTANCE.—Section 1404(b)(3) 

2 of such Act (42 U.S.C. 10603(b)(3)) is amended by inserting 

3 after ‘‘may be used for’’ the following: ‘‘training purposes 

4 and’’.

5 SEC. 224. CLARIFICATION OF AUTHORITIES RELATING TO 

6 VIOLENCE AGAINST WOMEN FORMULA AND 

7 DISCRETIONARY GRANT PROGRAMS. 

8 (a) CLARIFICATION OF SPECIFIC PURPOSES.—Section 

9 2001(b) of the Omnibus Crime Control and Safe Streets Act 

10 of 1968 (42 U.S.C. 3796gg(b)) is amended in the matter 

11 preceding paragraph (1) by inserting after ‘‘violent crimes 

12 against women’’ the following: ‘‘to develop and strengthen 

13 victim services in cases involving violent crimes against 

14 women’’. 

15 (b) TECHNICAL AMENDMENT RELATING TO

16 MISDESIGNATED SECTIONS.—Section 402(2) of Public Law 

17 107–273 (116 Stat. 1789) is amended by striking ‘‘as sec18 tions 2006 through 2011, respectively’’ and inserting ‘‘as 

19 sections 2007 through 2011, respectively’’. 

20 (c) CLARIFICATION OF STATE GRANTS.—Section 2007 

21 of the Omnibus Crime Control and Safe Streets Act of 1968 

22 (42 U.S.C. 3796gg–1), as redesignated pursuant to the 

23 amendment made by subsection (b), is amended—

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

25 all that follows through ‘‘tribal governments’’; 
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1 (2) in subsection (b)—

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

striking ‘‘1⁄54’’ and inserting ‘‘1 3 ⁄53’’; and 

4 (B) in paragraph (4), by striking ‘‘in In5 dian country’’; 

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

7 and inserting ‘‘law enforcement’’; and 

8 (4) in subsection (d)—

9 (A) in the second sentence, by inserting 

10 after ‘‘each application’’ the following: ‘‘sub11 mitted by a State’’; and 

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

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

14 application submitted by a State or tribal gov15 ernment’’. 

16 (d) CHANGE FROM ANNUAL TO BIENNIAL REPORT17 ING.—Section 2009(b) of such Act (42 U.S.C. 3796gg–3), 

18 as redesignated pursuant to the amendment made by sub19 section (b), is amended by striking ‘‘Not later than’’ and 

20 all that follows through ‘‘the Attorney General shall submit’’ 

21 and inserting the following: ‘‘Not later than one month after 

22 the end of each even-numbered fiscal year, the Attorney 

23 General shall submit’’. 

24 (e) AVAILABILITY OF FORENSIC MEDICAL EXAMS.—

25 Section 2010 of such Act (42 U.S.C. 3796gg–4), as redesig-
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1 nated pursuant to the amendment made by subsection (b), 

2 is amended by adding at the end the following new sub3 sections: 

4 ‘‘(c) USE OF FUNDS.—A State or Indian tribal gov5 ernment may use Federal grant funds under this part to 

6 pay for forensic medical exams performed by trained exam7 iners for victims of sexual assault, except that such funds 

8 may not be used to pay for forensic medical exams by any 

9 State or Indian tribal government that requires victims of 

10 sexual assault to seek reimbursement for such exams from 

11 their insurance carriers. 

12 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec13 tion shall be construed to require a victim of sexual assault 

14 to participate in the criminal justice system or cooperate 

15 with law enforcement in order to be provided with a foren16 sic medical exam, reimbursement for charges incurred on 

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

18 (f) TECHNICAL AMENDMENT.—The heading for Part T 

19 of title I of the Omnibus Crime Control and Safe Streets 

20 Act of 1968 (42 U.S.C. 3796gg et seq.) is amended to read 

21 as follows: 
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1 ‘‘PART T—GRANTS TO COMBAT VIOLENT CRIMES 

2 AGAINST WOMEN’’. 

3 SEC. 225. EXPANSION OF GRANT PROGRAMS ASSISTING EN4 FORCEMENT OF DOMESTIC VIOLENCE CASES 

5 TO ALSO ASSIST ENFORCEMENT OF SEXUAL 

6 ASSAULT CASES. 

7 (a) GRANTS TO ENCOURAGE DOMESTIC VIOLENCE AR8 REST POLICIES.—Section 2101 of the Omnibus Crime Con9 trol and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is 

10 amended—

11 (1) in subsection (a), by striking ‘‘to treat do12 mestic violence as a serious violation’’ and inserting 

13 ‘‘to treat domestic violence and sexual assault as seri14 ous violations’’; 

15 (2) in subsection (b)—

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

17 striking ‘‘domestic violence and dating violence’’ 

18 and inserting ‘‘domestic violence, sexual assault, 

19 and dating violence’’; 

20 (B) in paragraph (3), by striking ‘‘domestic 

21 violence cases’’ and inserting ‘‘domestic violence 

22 and sexual assault cases’’; and 

23 (C) in paragraph (6), by striking ‘‘about 

24 domestic violence’’ and inserting ‘‘about domestic 

25 violence and sexual assault’’; and 
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1 (3) in subsection (d), by striking ‘‘In this sec2 tion, the term’’ and inserting ‘‘In this part—

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

4 given the term in section 2008; and 

5 ‘‘(2) the term’’. 

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

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

8 and (2) by inserting after ‘‘involving domestic violence’’ the 

9 following: ‘‘or sexual assault’’. 

10 (c) RURAL DOMESTIC VIOLENCE AND CHILD ABUSE

11 ENFORCEMENT ASSISTANCE.—Section 40295(a) of the Vio12 lence Against Women Act of 1994 (title IV of the Violent 

13 Crime Control and Law Enforcement Act of 1994; 42 

14 U.S.C. 13971(a)) is amended in each of paragraphs (1) and 

15 (2) by striking ‘‘domestic violence and dating violence (as 

16 defined in section 2003’’ and inserting ‘‘domestic violence, 

17 sexual assault, and dating violence (as such terms are de18 fined in section 2008’’. 

19 SEC. 226. CHANGE OF CERTAIN REPORTS FROM ANNUAL TO 

20 BIENNIAL. 

21 (a) STALKING AND DOMESTIC VIOLENCE.—Section 

22 40610 of the Violence Against Women Act of 1994 (title IV 

23 of the Violent Crime Control and Law Enforcement Act of 

24 1994; 42 U.S.C. 14039) is amended by striking ‘‘The Attor25 ney General shall submit to the Congress an annual report,
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1 beginning one year after the date of the enactment of this 

2 Act, that provides’’ and inserting ‘‘Each even-numbered fis3 cal year, the Attorney General shall submit to the Congress 

4 a biennial report that provides’’. 

5 (b) SAFE HAVENS FOR CHILDREN.—Section 

6 1301(d)(1) of the Victims of Trafficking and Violence Pro7 tection Act of 2000 (42 U.S.C. 10420(d)(1)) is amended in 

8 the matter preceding subparagraph (A) by striking ‘‘Not 

9 later than 1 year after the last day of the first fiscal year 

10 commencing on or after the date of the enactment of this 

11 Act, and not later than 180 days after the last day of each 

12 fiscal year thereafter,’’ and inserting ‘‘Not later than one 

13 month after the end of each even-numbered fiscal year,’’. 

14 SEC. 227. CLARIFICATION OF RECIPIENTS AND PROGRAMS 

15 ELIGIBLE FOR GRANTS UNDER RURAL DO16 MESTIC VIOLENCE AND CHILD ABUSE EN17 FORCEMENT ASSISTANCE PROGRAM. 

18 Section 40295 of the Violence Against Women Act of 

19 1994 (title IV of the Violent Crime Control and Law En20 forcement Act of 1994; 42 U.S.C. 13971) is amended as fol21 lows: 

22 (1) in subsection (a), in the matter preceding 

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

24 governments, and local governments of rural States, 

25 and to other public or private entities of rural States’’ 
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1 and inserting ‘‘to States, Indian tribal governments, 

2 local governments, and public or private entities, for 

3 programs serving rural areas or rural communities’’; 

4 and 

5 (2) in subsection (b)—

6 (A) by inserting ‘‘(1) the term’’ before ‘‘ ‘In7 dian tribe’ means’’; 

8 (B) by striking ‘‘Indians.’’ and all that fol9 lows through the period at the end and inserting 

10 ‘‘Indians; and 

11 ‘‘(2) the terms ‘rural area’ and ‘rural commu12 nity’ have the meanings given those terms in section 

13 491(k)(2) of the McKinney-Vento Homeless Assistance 

14 Act (42 U.S.C. 11408(k)(2)).’’. 

15 Subtitle D—Preventing Crime 

16 SEC. 231. CLARIFICATION OF DEFINITION OF VIOLENT OF17 FENDER FOR PURPOSES OF JUVENILE DRUG 

18 COURTS. 

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

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

21 in the matter preceding paragraph (1) by striking ‘‘an of22 fense that’’ and inserting ‘‘a felony-level offense that’’. 
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1 SEC. 232. CHANGES TO DISTRIBUTION AND ALLOCATION OF 

2 GRANTS FOR DRUG COURTS. 

3 (a) MINIMUM ALLOCATION REPEALED.—Section 2957 

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

5 subsection (b). 

6 (b) TECHNICAL ASSISTANCE AND TRAINING.—Such 

7 section is further amended by adding at the end the fol8 lowing new subsection: 

9 ‘‘(b) TECHNICAL ASSISTANCE AND TRAINING.—Unless 

10 one or more applications submitted by any State or unit 

11 of local government within such State (other than an In12 dian tribe) for a grant under this part has been funded 

13 in any fiscal year, such State, together with eligible appli14 cants within such State, shall be provided targeted technical 

15 assistance and training by the Community Capacity Devel16 opment Office to assist such State and such eligible appli17 cants to successfully compete for future funding under this 

18 part.’’. 

19 SEC. 233. ELIGIBILITY FOR GRANTS UNDER DRUG COURT 

20 GRANTS PROGRAM EXTENDED TO COURTS 

21 THAT SUPERVISE NON-OFFENDERS WITH 

22 SUBSTANCE ABUSE PROBLEMS. 

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

24 3797u(a)(1)) is amended by striking ‘‘offenders with sub25 stance abuse problems’’ and inserting ‘‘offenders, and other 
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1 individuals under the jurisdiction of the court, with sub2 stance abuse problems’’. 

3 SEC. 234. TERM OF RESIDENTIAL SUBSTANCE ABUSE 

4 TREATMENT PROGRAM FOR LOCAL FACILI5 TIES. 

6 Section 1904 of the Omnibus Crime Control and Safe 

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

8 adding at the end the following new subsection: 

9 ‘‘(d) DEFINITION.—In this section, the term ‘jail-based 

10 substance abuse treatment program’ means a course of indi11 vidual and group activities, lasting for a period of not less 

12 than 3 months, in an area of a correctional facility set 

13 apart from the general population of the correctional facil14 ity, if those activities are—

15 ‘‘(1) directed at the substance abuse problems of 

16 the prisoners; and 

17 ‘‘(2) intended to develop the cognitive, behav18 ioral, and other skills of prisoners in order to address 

19 the substance abuse and related problems of pris20 oners.’’. 

21 Subtitle E—Other Matters 

22 SEC. 241. CHANGES TO CERTAIN FINANCIAL AUTHORITIES. 

23 (a) INCREASE IN AMOUNTS COLLECTED BY DEBT-COL24 LECTION ACTIVITIES THAT MAY BE CREDITED TO WORK25 ING CAPITAL FUND.—Section 11013(a) of the 21st Century
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1 Department of Justice Appropriations Authorization Act 

2 (Public Law 107–273; 116 Stat. 1823; 28 U.S.C. 527 note) 

3 is amended by striking ‘‘3 percent’’ and inserting ‘‘6 per4 cent’’. 

5 (b) CERTAIN PROGRAMS THAT ARE EXEMPT FROM

6 PAYING STATES INTEREST ON LATE DISBURSEMENTS ALSO

7 EXEMPTED FROM PAYING CHARGE TO TREASURY FOR UN8 TIMELY DISBURSEMENTS.—Section 204(f) of such Act (116 

9 Stat. 1776; 31 U.S.C. 6503 note) is amended—

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

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

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

13 ‘‘sections 3335(b) or 6503’’. 

14 (c) SOUTHWEST BORDER PROSECUTOR INITIATIVE IN15 CLUDED AMONG SUCH EXEMPTED PROGRAMS.—Section 

16 204(f) of such Act is further amended by striking ‘‘pursuant 

17 to section 501(a)’’ and inserting ‘‘pursuant to the Southwest 

18 Border Prosecutor Initiative (as carried out pursuant to 

19 paragraph (3) (117 Stat. 64) under the heading relating 

20 to Community Oriented Policing Services of the Depart21 ment of Justice Appropriations Act, 2003 (title I of division 

22 B of Public Law 108–7), or as carried out pursuant to any 

23 subsequent authority) or section 501(a)’’. 

24 (d) FUNDS AVAILABLE FOR ATFE MAY BE USED FOR

25 AIRCRAFT, BOATS, AMMUNITION, FIREARMS, FIREARMS
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1 COMPETITIONS, AND ANY AUTHORIZED ACTIVITY.—Section 

2 530C(b) of title 28, United States Code, is amended—

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

4 (A) and (B), by inserting ‘‘for the Bureau of Alcohol, 

5 Tobacco, Firearms, and Explosives,’’ before ‘‘for the 

6 Drug Enforcement Administration,’’; and 

7 (2) by adding at the end the following new para8 graph: 

9 ‘‘(8) BUREAU OF ALCOHOL, TOBACCO, FIREARMS, 

10 AND EXPLOSIVES.—Funds available to the Attorney 

11 General for the Bureau of Alcohol, Tobacco, Firearms, 

12 and Explosives may be used for the conduct of all its 

13 authorized activities.’’. 

14 (e) AUDITS AND REPORTS ON ATFE UNDERCOVER IN15 VESTIGATIVE OPERATIONS.—Section 102(b) of the Depart16 ment of Justice and Related Agencies Appropriations Act, 

17 1993 (28 U.S.C. 533 note), as in effect pursuant to section 

18 815(d) of the Antiterrorism and Effective Death Penalty 

19 Act of 1996 (28 U.S.C. 533 note) shall apply with respect 

20 to the Bureau of Alcohol, Tobacco, Firearms, and Explosives 

21 and the undercover investigative operations of the Bureau 

22 on the same basis as such section applies with respect to 

23 any other agency and the undercover investigative oper24 ations of such agency. 
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1 SEC. 242. COORDINATION DUTIES OF ASSISTANT ATTORNEY 

2 GENERAL. 

3 (a) COORDINATE AND SUPPORT OFFICE FOR VICTIMS

4 OF CRIME.—Section 102 of the Omnibus Crime Control and 

5 Safe Streets Act of 1968 (42 U.S.C. 3712) is amended in 

6 subsection (a)(5) by inserting after ‘‘the Bureau of Justice 

7 Statistics,’’ the following: ‘‘the Office for Victims of Crime,’’. 

8 (b) SETTING GRANT CONDITIONS AND PRIORITIES.—

9 Such section is further amended in subsection (a)(6) by in10 serting ‘‘, including placing special conditions on all 

11 grants, and determining priority purposes for formula 

12 grants’’ before the period at the end. 

13 SEC. 243. SIMPLIFICATION OF COMPLIANCE DEADLINES 

14 UNDER SEX-OFFENDER REGISTRATION LAWS. 

15 (a) COMPLIANCE PERIOD.—A State shall not be treat16 ed, for purposes of any provision of law, as having failed 

17 to comply with section 170101 (42 U.S.C. 14071) or 170102 

18 (42 U.S.C. 14072) of the Violent Crime Control and Law 

19 Enforcement Act of 1994 until 36 months after the date of 

20 the enactment of this Act, except that the Attorney General 

21 may grant an additional 24 months to a State that is mak22 ing good faith efforts to comply with such sections. 

23 (b) TIME FOR REGISTRATION OF CURRENT AD24 DRESS.—Subsection (a)(1)(B) of such section 170101 is 

25 amended by striking ‘‘unless such requirement is termi-
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1 nated under’’ and inserting ‘‘for the time period specified 

2 in’’. 

3 SEC. 244. REPEAL OF CERTAIN PROGRAMS. 

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

5 provisions of title I of the Omnibus Crime Control and Safe 

6 Streets Act of 1968 are repealed: 

7 (1) CRIMINAL JUSTICE FACILITY CONSTRUCTION

8 PILOT PROGRAM.—Part F (42 U.S.C. 3769–3769d). 

9 (2) FAMILY SUPPORT.—Part W (42 U.S.C. 

10 3796jj–3796jj–7). 

11 (3) MATCHING GRANT PROGRAM FOR SCHOOL SE12 CURITY.—Part AA (42 U.S.C. 3797a–3797e). 

13 (b) VIOLENT CRIME CONTROL AND LAW ENFORCE14 MENT ACT PROGRAMS.—The following provisions of the 

15 Violent Crime Control and Law Enforcement Act of 1994 

16 are repealed: 

17 (1) LOCAL CRIME PREVENTION BLOCK GRANT

18 PROGRAM.—Subtitle B of title III (42 U.S.C. 13751–

19 13758). 

20 (2) ASSISTANCE FOR DELINQUENT AND AT-RISK

21 YOUTH.—Subtitle G of title III (42 U.S.C. 13801–

22 13802). 

23 (3) IMPROVED TRAINING AND TECHNICAL AUTO24 MATION.—Subtitle E of title XXI (42 U.S.C. 14151). 
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1 (4) OTHER STATE AND LOCAL AID.—Subtitle F 

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

3 SEC. 245. ELIMINATION OF CERTAIN NOTICE AND HEARING 

4 REQUIREMENTS. 

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

6 Safe Streets Act of 1968 is amended as follows: 

7 (1) NOTICE AND HEARING ON DENIAL OR TERMI8 NATION OF GRANT.—Section 802 (42 U.S.C. 3783) of 

9 such part is amended—

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

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

12 (2) FINALITY OF DETERMINATIONS.—Section 803 

13 (42 U.S.C. 3784) of such part is amended—

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

15 and opportunity for a hearing,’’; and 

16 (B) by striking ‘‘, except as otherwise pro17 vided herein’’. 

18 (3) REPEAL OF APPELLATE COURT REVIEW.—

19 Section 804 (42 U.S.C. 3785) of such part is repealed. 

20 SEC. 246. AMENDED DEFINITIONS FOR PURPOSES OF OMNI21 BUS CRIME CONTROL AND SAFE STREETS 

22 ACT OF 1968. 

23 Section 901 of title I of the Omnibus Crime Control 

24 and Safe Streets Act of 1968 (42 U.S.C. 3791) is amended 

25 as follows:
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1 (1) INDIAN TRIBE.—Subsection (a)(3)(C) of such 

2 section is amended by striking ‘‘(as that term is de3 fined in section 103 of the Juvenile Justice and De4 linquency Prevention Act of 1974 (42 U.S.C. 5603))’’. 

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

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

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

8 (3) NEIGHBORHOOD OR COMMUNITY-BASED OR9 GANIZATIONS.—Subsection (a)(11) of such section is 

10 amended by striking ‘‘which’’ and inserting ‘‘, includ11 ing faith-based, that’’. 

12 (4) INDIAN TRIBE; PRIVATE PERSON.—Sub13 section (a) of such section is further amended—

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

15 the end; 

16 (B) in paragraph (25) by striking the pe17 riod at the end and inserting a semicolon; and 

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

19 paragraphs: 

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

21 given the term ‘Indian tribe’ in section 4(e) of the In22 dian Self-Determination and Education Assistance 

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

24 ‘‘(27) the term ‘private person’ means any indi25 vidual (including an individual acting in his official 
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1 capacity) and any private partnership, corporation, 

2 association, organization, or entity (or any combina3 tion thereof).’’. 

4 SEC. 247. CLARIFICATION OF AUTHORITY TO PAY SUBSIST5 ENCE PAYMENTS TO PRISONERS FOR HEALTH 

6 CARE ITEMS AND SERVICES. 

7 Section 4006(b)(1) of title 18, United States Code, is 

8 amended—

9 (1) by striking ‘‘the Immigration and Natu10 ralization Service’’ and inserting ‘‘the Department of 

11 Homeland Security’’; 

12 (2) by striking ‘‘shall not exceed the lesser of the 

13 amount’’ and inserting ‘‘shall be the amount billed, 

14 not to exceed the amount’’; 

15 (3) by striking ‘‘items and services’’ and all that 

16 follows through ‘‘the Medicare program’’ and insert17 ing ‘‘items and services under the Medicare pro18 gram’’; and 

19 (4) by striking ‘‘; or’’ and all that follows 

20 through the period at the end and inserting a period. 

21 SEC. 248. OFFICE OF AUDIT, ASSESSMENT, AND MANAGE22 MENT. 

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

24 Crime Control and Safe Streets Act of 1968 is amended 
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1 by adding after section 104, as added by section 211 of this 

2 Act, the following new section: 

3 ‘‘SEC. 105. OFFICE OF AUDIT, ASSESSMENT, AND MANAGE4 MENT. 

5 ‘‘(a) ESTABLISHMENT.—

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

7 the Office an Office of Audit, Assessment, and Man8 agement, headed by a Director appointed by the At9 torney General. 

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

11 be to carry out and coordinate performance audits of, 

12 take actions to ensure compliance with the terms of, 

13 and manage information with respect to, grants 

14 under programs covered by subsection (b). 

15 ‘‘(3) EXCLUSIVITY.—The Office shall be the ex16 clusive element of the Department of Justice, other 

17 than the Inspector General, performing functions and 

18 activities for the purpose specified in paragraph (2). 

19 There are hereby transferred to the Office all functions 

20 and activities, other than functions and activities of 

21 the Inspector General, for such purpose performed im22 mediately before the date of the enactment of this Act 

23 by any other element of the Department. 

24 ‘‘(b) COVERED PROGRAMS.—The programs referred to 

25 in subsection (a) are the following: 
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1 ‘‘(1) The program under part Q of this title. 

2 ‘‘(2) Any grant program carried out by the Of3 fice of Justice Programs. 

4 ‘‘(3) Any other grant program carried out by the 

5 Department of Justice that the Attorney General con6 siders appropriate. 

7 ‘‘(c) PERFORMANCE AUDITS REQUIRED.—

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

9 grants awarded under the programs covered by sub10 section (b) and carry out performance audits on such 

11 grants. In selecting such grants, the Director shall en12 sure that the aggregate amount awarded under the 

13 grants so selected represent not less than 10 percent 

14 of the aggregate amount of money awarded under all 

15 such grant programs. 

16 ‘‘(2) RELATIONSHIP TO NIJ EVALUATIONS.—This 

17 subsection does not affect the authority or duty of the 

18 Director of the National Institute of Justice to carry 

19 out overall evaluations of programs covered by sub20 section (b), except that such Director shall consult 

21 with the Director of the Office in carrying out such 

22 evaluations. 

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

24 performance audit required by paragraph (1) of a 
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1 grant selected under paragraph (1) shall be carried 

2 out—

3 ‘‘(A) not later than the end of the grant pe4 riod, if the grant period is not more than 1 year; 

5 and 

6 ‘‘(B) at the end of each year of the grant pe7 riod, if the grant period is more than 1 year. 

8 ‘‘(d) COMPLIANCE ACTIONS REQUIRED.—The Director 

9 shall take such actions to ensure compliance with the terms 

10 of a grant as the Director considers appropriate with re11 spect to each grant that the Director determines (in con12 sultation with the head of the element of the Department 

13 of Justice concerned), through a performance audit under 

14 subsection (a) or other means, is not in compliance with 

15 such terms. In the case of a misuse of more than 1 percent 

16 of the grant amount concerned, the Director shall, in addi17 tion to any other action to ensure compliance that the Di18 rector considers appropriate, ensure that the entity respon19 sible for such misuse ceases to receive any funds under any 

20 program covered by subsection (b) until such entity repays 

21 to the Attorney General an amount equal to the amounts 

22 misused. The Director may, in unusual circumstances, 

23 grant relief from this requirement to ensure that an inno24 cent party is not punished.
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1 ‘‘(e) GRANT MANAGEMENT SYSTEM.—The Director 

2 shall establish and maintain, in consultation with the chief 

3 information officer of the Office, a modern, automated sys4 tem for managing all information relating to the grants 

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

6 ‘‘(f) AVAILABILITY OF FUNDS.—Not to exceed 5 percent 

7 of all funding made available for a fiscal year for the pro8 grams covered by subsection (b) shall be reserved for the ac9 tivities of the Office of Audit, Assessment, and Manage10 ment.’’. 

11 (b) EFFECTIVE DATE.—This section and the amend12 ment made by this section take effect 90 days after the date 

13 of the enactment of this Act. 

14 SEC. 249. COMMUNITY CAPACITY DEVELOPMENT OFFICE. 

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

16 Crime Control and Safe Streets Act of 1968 is amended 

17 by adding after section 105, as added by section 248 of this 

18 Act, the following new section: 

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

20 ‘‘(a) ESTABLISHMENT.—

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

22 the Office a Community Capacity Development Of23 fice, headed by a Director appointed by the Attorney 

24 General. 
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1 ‘‘(2) PURPOSE.—The purpose of the Office shall 

2 be to provide training to actual and prospective par3 ticipants under programs covered by section 105(b) to 

4 assist such participants in understanding the sub5 stantive and procedural requirements for partici6 pating in such programs. 

7 ‘‘(3) EXCLUSIVITY.—The Office shall be the ex8 clusive element of the Department of Justice per9 forming functions and activities for the purpose speci10 fied in paragraph (2). There are hereby transferred to 

11 the Office all functions and activities for such purpose 

12 performed immediately before the date of the enact13 ment of this Act by any other element of the Depart14 ment. 

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

16 the heads of the other elements of the Office of Justice Pro17 grams, carry out the purpose of the Office through the fol18 lowing means: 

19 ‘‘(1) Promoting coordination of public and pri20 vate efforts and resources within or available to 

21 States, units of local government, and neighborhood 

22 and community-based organizations. 

23 ‘‘(2) Providing information, training, and tech24 nical assistance. 
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1 ‘‘(3) Providing support for inter- and intra2 agency task forces and other agreements and for as3 sessment of the effectiveness of programs, projects, ap4 proaches, or practices. 

5 ‘‘(4) Providing in the assessment of the effective6 ness of neighborhood and community-based law en7 forcement and crime prevention strategies and tech8 niques, in coordination with the National Institute of 

9 Justice. 

10 ‘‘(5) Any other similar means. 

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

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

13 participants. In a case in which remedial training is ap14 propriate, as recommended by the Director or the head of 

15 any element of the Office of Justice Programs, such training 

16 may be provided on a local basis to a single such partici17 pant. 

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

19 ‘‘(1) identify grants under which clearly bene20 ficial outcomes were obtained, and the characteristics 

21 of those grants that were responsible for obtaining 

22 those outcomes; and 

23 ‘‘(2) incorporate those characteristics into the 

24 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 the 

4 activities of the Community Capacity Development Office.’’. 

5 (b) EFFECTIVE DATE.—This section and the amend6 ment made by this section take effect 90 days after the date 

7 of the enactment of this Act. 

8 SEC. 250. OFFICE OF APPLIED LAW ENFORCEMENT TECH9 NOLOGY. 

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

11 Crime Control and Safe Streets Act of 1968 is amended 

12 by adding after section 106, as added by section 249 of this 

13 Act, the following new section: 

14 ‘‘SEC. 107. OFFICE OF APPLIED LAW ENFORCEMENT TECH15 NOLOGY. 

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

17 the Office an Office of Applied Law Enforcement Tech18 nology, headed by a Director appointed by the Attorney 

19 General. The purpose of the Office shall be to provide leader20 ship and focus to those grants of the Department of Justice 

21 that are made for the purpose of using or improving law 

22 enforcement computer systems. 

23 ‘‘(b) DUTIES.—In carrying out the purpose of the Of24 fice, the Director shall—
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1 ‘‘(1) establish clear minimum standards for com2 puter systems that can be purchased using amounts 

3 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 date 

9 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 this 

14 Act, the following new section: 

15 ‘‘SEC. 108. AVAILABILITY OF FUNDS. 

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

17 ‘‘(1) IN GENERAL.—Unless otherwise specifically 

18 provided in an authorization, DOJ grant funds for a 

19 fiscal year shall remain available to be awarded and 

20 distributed to a grantee only in that fiscal year and 

21 the three succeeding fiscal years, subject to paragraph 

22 (2). DOJ grant funds not so awarded and distributed 

23 shall revert to the Treasury. 

24 ‘‘(2) TREATMENT OF REPROGRAMMED FUNDS.—

25 DOJ grant funds for a fiscal year that are repro-
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1 grammed in a later fiscal year shall be treated for 

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

3 such later fiscal year. 

4 ‘‘(b) PERIOD FOR EXPENDING GRANT FUNDS.—DOJ 

5 grant funds for a fiscal year that have been awarded and 

6 distributed to a grantee may be expended by that grantee 

7 only in the period permitted under the terms of the grant. 

8 DOJ grant funds not so expended shall revert to the Treas9 ury. 

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

11 grant funds’ means, for a fiscal year, amounts appropriated 

12 for activities of the Department of Justice in carrying out 

13 grant programs for that fiscal year. 

14 ‘‘(d) APPLICABILITY.—This section applies to DOJ 

15 grant funds for fiscal years beginning with fiscal year 

16 2004.’’. 

17 (b) EFFECTIVE DATE.—This section and the amend18 ment made by this section take effect 90 days after the date 

19 of the enactment of this Act. 

20 SEC. 252. CONSOLIDATION OF FINANCIAL MANAGEMENT 

21 SYSTEMS OF OFFICE OF JUSTICE PROGRAMS. 

22 (a) CONSOLIDATION OF ACCOUNTING ACTIVITIES AND

23 PROCUREMENT ACTIVITIES.—The Assistant Attorney Gen24 eral of the Office of Justice Programs shall ensure that—
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1 (1) all accounting activities for all elements of 

2 the Office of Justice Programs are carried out under 

3 the direct management of the Office of the Comp4 troller; and 

5 (2) all procurement activities for all elements of 

6 the Office are carried out under the direct manage7 ment of the Office of Administration. 

8 (b) FURTHER CONSOLIDATION OF PROCUREMENT AC9 TIVITIES.—The Assistant Attorney General shall ensure 

10 that, on and after September 30, 2007—

11 (1) all procurement activities for all elements of 

12 the Office are carried out through a single manage13 ment office; and 

14 (2) all contracts and purchase orders used in 

15 carrying out those activities are processed through a 

16 single procurement system. 

17 (c) CONSOLIDATION OF FINANCIAL MANAGEMENT SYS18 TEMS.—The Assistant Attorney General shall ensure that, 

19 on and after September 30, 2010, all financial management 

20 activities (including human resources, payroll, and ac21 counting activities, as well as procurement activities) of all 

22 elements of the Office are carried out through a single finan23 cial management system. 

24 (d) ACHIEVING COMPLIANCE.—
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1 (1) SCHEDULE.—The Assistant Attorney General 

2 shall undertake a scheduled consolidation of oper3 ations to achieve compliance with the requirements of 

4 this section. 

5 (2) SPECIFIC REQUIREMENTS.—With respect to 

6 achieving compliance with the requirements of—

7 (A) subsection (a), the consolidation of oper8 ations shall be initiated not later than October 

9 1, 2003; and 

10 (B) subsections (b) and (c), the consolida11 tion of operations shall be initiated not later 

12 than September 30, 2005, and shall be carried 

13 out by the Office of Administration, in consulta14 tion with the Chief Information Officer and the 

15 Office of Audit, Assessment, and Management. 

16 TITLE III—MISCELLANEOUS 

17 PROVISIONS 

18 SEC. 301. TECHNICAL AMENDMENTS RELATING TO PUBLIC 

19 LAW 107–56. 

20 (a) STRIKING SURPLUS WORDS.—

21 (1) Section 2703(c)(1) of title 18, United States 

22 Code, is amended by striking ‘‘or’’ at the end of sub23 paragraph (C). 
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1 (2) Section 1960(b)(1)(C) of title 18, United 

2 States Code, is amended by striking ‘‘to be used to be 

3 used’’ and inserting ‘‘to be used’’. 

4 (b) PUNCTUATION AND GRAMMAR CORRECTIONS.—

5 Section 2516(1)(q) of title 18, United States Code, is 

6 amended—

7 (1) by striking the semicolon after the first close 

8 parenthesis; and 

9 (2) by striking ‘‘sections’’ and inserting ‘‘sec10 tion’’. 

11 (c) CROSS REFERENCE CORRECTION.—Section 322 of 

12 Public Law 107–56 is amended, effective on the date of the 

13 enactment of that section, by striking ‘‘title 18’’ and insert14 ing ‘‘title 28’’. 

15 (d) CAPITALIZATION CORRECTION.—Subsections (a) 

16 and (b) of section 2703 of title 18, United States Code, are 

17 each amended by striking ‘‘CONTENTS OF WIRE OR ELEC18 TRONIC’’ and inserting ‘‘CONTENTS OF WIRE OR ELEC19 TRONIC’’. 

20 SEC. 302. MISCELLANEOUS TECHNICAL AMENDMENTS. 

21 (a) PUNCTUATION CORRECTIONS.—The heading for 

22 section 1591 of title 18, United States Code, is amended 

23 by inserting a comma after ‘‘fraud’’. 

24 (b) DUPLICATE SECTION NUMBERS.—The second sec25 tion 540C in chapter 33 of title 28, United States Code,
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1 is redesignated as section 540D, and the item relating to 

2 that section in the table of sections at the beginning of that 

3 chapter is redesignated as section 540D and by moving it 

4 so that it follows the item relating to section 540C. 

5 (c) TABLE OF SECTIONS OMISSION.—The table of sec6 tions at the beginning of chapter 203 of title 18, United 

7 States Code, is amended by inserting after the item relating 

8 to section 3050 the following new item:

‘‘3051. Powers of Special Agents of Bureau of Alcohol, Tobacco, Firearms, and Explosives.’’.

9 (d) REPEAL OF DUPLICATIVE PROGRAM.—Section 

10 40155 of Public Law 103–322 is repealed. 

11 SEC. 303. MINOR SUBSTANTIVE AMENDMENT RELATING TO 

12 CONTENTS OF FBI ANNUAL REPORT. 

13 Section 540D(b)(1)(A) of title 28, United States Code, 

14 as redesignated by section 302(b), is further amended by 

15 inserting ‘‘and the number of such personnel who receive 

16 danger pay under section 151 of the Foreign Relations Au17 thorization Act, Fiscal Years 1990 and 1991 (5 U.S.C. 5928 

18 note)’’ after ‘‘year’’.

19 SEC. 304. USE OF FEDERAL TRAINING FACILITIES. 

20 (a) FEDERAL TRAINING FACILITIES.—Unless specifi21 cally authorized in writing by the Attorney General, the 

22 Department of Justice (and each entity within it) shall use 

23 for any predominately internal training or conference meet-
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1 ing only a facility that does not require a payment to a 

2 private entity for use of the facility. 

3 (b) ANNUAL REPORT.—The Attorney General shall 

4 prepare an annual report to the Chairmen and ranking mi5 nority members of the Committees on the Judiciary of the 

6 Senate and of the House of Representatives that details each 

7 training and conference meeting that requires specific au8 thorization under subsection (a). The report shall include 

9 an explanation of why the facility was chosen, and a break10 down of any expenditures incurred in excess of the cost of 

11 conducting the training or meeting at a facility that did 

12 not require such authorization.

13 SEC. 305. PRIVACY OFFICER. 

14 (a) IN GENERAL.—The Attorney General shall des15 ignate a senior official in the Department of Justice to as16 sume primary responsibility for privacy policy. 

17 (b) RESPONSIBILITIES.—The responsibilities of such 

18 official shall include—

19 (1) assuring that the use of technologies sustain, 

20 and do not erode, privacy protections relating to the 

21 use, collection, and disclosure of personally identifi22 able information; 

23 (2) assuring that personally identifiable infor24 mation contained in systems of records is handled in 
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1 full compliance with fair information practices as set 

2 out in section 552a of title 5, United States Code; 

3 (3) evaluating legislative and regulatory pro4 posals involving collection, use, and disclosure of per5 sonally identifiable information by the Federal Gov6 ernment; 

7 (4) conducting a privacy impact assessment of 

8 proposed rules of the Department on the privacy of 

9 personally identifiable information, including the 

10 type of personally identifiable information collected 

11 and the number of people affected; 

12 (5) preparing a report to Congress on an annual 

13 basis on activities of the Department that affect pri14 vacy, including complaints of privacy violations, im15 plementation of section 552a of title 5, United States 

16 Code, internal controls, and other relevant matters; 

17 (6) ensuring that the Department protects per18 sonally identifiable information and information sys19 tems from unauthorized access, use, disclosure, dis20 ruption, modification, or destruction in order to pro21 vide—

22 (A) integrity, which means guarding 

23 against improper information modification or 

24 destruction, and includes ensuring information 

25 nonrepudiation and authenticity; 
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1 (B) confidentially, which means preserving 

2 authorized restrictions on access and disclosure, 

3 including means for protecting personal privacy 

4 and proprietary information; 

5 (C) availability, which means ensuring 

6 timely and reliable access to and use of that in7 formation; and 

8 (D) authentication, which means utilizing 

9 digital credentials to assure the identity of users 

10 and validate their access; and 

11 (7) advising the Attorney General and the Direc12 tor of the Office of Management and Budget on infor13 mation security and privacy issues pertaining to 

14 Federal Government information systems. 

15 (c) REVIEW.—The Department of Justice shall review 

16 its policies to assure that the Department treats personally 

17 identifiable information in its databases in a manner that 

18 complies with applicable Federal law on privacy.

19 SEC. 306. BANKRUPTCY CRIMES. 

20 The Director of the Executive Office for United States 

21 Trustees shall prepare an annual report to the Congress de22 tailing—

23 (1) the number and types of criminal referrals 

24 made by the United States Trustee Program; 

25 (2) the outcomes of each criminal referral; 
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1 (3) for any year in which the number of crimi2 nal referrals is less than for the prior year, an expla3 nation of the decrease; and 

4 (4) the United States Trustee Program’s efforts 

5 to prevent bankruptcy fraud and abuse, particularly 

6 with respect to the establishment of uniform internal 

7 controls to detect common, higher risk frauds, such as 

8 a debtor’s failure to disclose all assets.

9 SEC. 307. REPORT TO CONGRESS ON STATUS OF UNITED 

10 STATES PERSONS OR RESIDENTS DETAINED 

11 ON SUSPICION OF TERRORISM. 

12 Not less often than once every 12 months, the Attorney 

13 General shall submit to Congress a report on the status of 

14 United States persons or residents detained, as of the date 

15 of the report, on suspicion of terrorism. The report shall—

16 (1) specify the number of persons or residents so 

17 detained; and 

18 (2) specify the standards developed by the De19 partment of Justice for recommending or determining 

20 that a person should be tried as a criminal defendant 

21 or should be designated as an enemy combatant.
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1 TITLE IV—DNA DATABASE 

2 ENHANCEMENT 

3 SEC. 401. SHORT TITLE. 

4 This title may be cited as the ‘‘DNA Database En5 hancement Act’’. 

6 SEC. 402. INCLUSION OF DNA SAMPLES FROM ALL PERSONS 

7 CONVICTED OF VIOLENT FELONIES. 

8 Section 2(b) of the DNA Analysis Backlog Elimination 

9 Act of 2000 (42 U.S.C. 14135(b)) is amended in paragraph 

10 (3) by inserting before the semicolon at the end the fol11 lowing: ‘‘, provided that each violent felony under the law 

12 of that State shall be treated for purposes of this section 

13 as a qualifying State offense’’. 

14 SEC. 403. AUTHORIZATION FOR STATES TO UPLOAD DNA 

15 SAMPLES COLLECTED IN A LAWFUL MANNER. 

16 Section 210304(a) of the Violent Crime Control and 

17 Law Enforcement Act of 1994 (42 U.S.C. 14132(a)) is 

18 amended—

19 (1) in paragraph (1), by inserting ‘‘arrested for 

20 or’’ before ‘‘convicted of crimes’’; 

21 (2) in paragraph (3), by striking ‘‘and’’ at the 

22 end; 

23 (3) in paragraph (4), by striking the period at 

24 the end and inserting ‘‘; and’’; and 
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1 (4) by adding at the end the following new para2 graph: 

3 ‘‘(5) analyses of DNA samples from other per4 sons, as authorized under the laws of the jurisdiction 

5 in which the samples were collected.’’. 

6 SEC. 404. REQUIREMENT THAT LAW ENFORCEMENT OFFI7 CERS BE ABLE TO COMPARE COLLECTED DNA 

8 SAMPLES WITH NATIONAL DATABASE. 

9 Section 2(b) of the DNA Analysis Backlog Elimination 

10 Act of 2000 (42 U.S.C. 14135(b)), as amended by section 

11 402, is further amended—

12 (1) by striking ‘‘and’’ at the end of paragraph 

13 (4); 

14 (2) by striking the period at the end of para15 graph (5) and inserting ‘‘; and’’; and 

16 (3) by adding at the end the following new para17 graph: 

18 ‘‘(6) include a certification that the State does 

19 not, by statute, rule, or regulation, prohibit or limit 

20 the comparison by a law enforcement officer of (A) 

21 the results of a DNA analysis carried out on a DNA 

22 sample lawfully obtained by such officer with (B) the 

23 information in such Combined DNA Index System.’’. 
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1 SEC. 405. REAUTHORIZATION OF DNA BACKLOG GRANT 

2 PROGRAM. 

3 Section 2(j) of the DNA Analysis Backlog Elimination 

4 Act of 2000 (42 U.S.C. 14135(j)) is amended—

5 (1) in paragraph (1)—

6 (A) by striking ‘‘and’’ at the end of sub7 paragraph (B); 

8 (B) by striking the period at the end of sub9 paragraph (C) and inserting ‘‘; and’’; and 

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

11 ‘‘(D) such sums as many be necessary for 

12 fiscal years after fiscal year 2003.’’; and 

13 (2) in paragraph (2)—

14 (A) by striking ‘‘and’’ at the end of sub15 paragraph (C); 

16 (B) by striking the period at the end of sub17 paragraph (D) and inserting ‘‘; and’’; and 

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

19 ‘‘(E) such sums as many be necessary for 

20 fiscal years after fiscal year 2004.’’.

21 TITLE V—KOBY MANDELL ACT 

22 SEC. 501. SHORT TITLE. 

23 This title may be cited as the ‘‘Koby Mandell Act of 

24 2003’’. 

25 SEC. 502. FINDINGS. 

26 The Congress finds the following: 
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1 (1) Numerous American citizens have been mur2 dered or maimed by terrorists around the world, in3 cluding more than one hundred murdered since 1968 

4 in terrorist attacks occurring in Israel or in terri5 tories administered by Israel or in territories admin6 istered by the Palestinian Authority. 

7 (2) Some American citizens who have been vic8 tims of terrorism overseas, especially those harmed by 

9 terrorists operating from areas administered by the 

10 Palestinian Authority, have not received from the 

11 United States Government services equal to those re12 ceived by other such victims of overseas terrorism. 

13 (3) The United States Government has not de14 voted adequate efforts or resources to the apprehension 

15 of terrorists who have harmed American citizens over16 seas, particularly in cases involving terrorists oper17 ating from areas administered by the Palestinian Au18 thority. Monetary rewards for information leading to 

19 the capture of terrorists overseas, which the govern20 ment advertises in regions where the terrorists are be21 lieved to be hiding, have not been advertised in areas 

22 administered by the Palestinian Authority. 

23 (4) This situation is especially grave in the 

24 areas administered by the Palestinian Authority, be25 cause many terrorists involved in the murders of
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1 Americans are walking free there; some of these ter2 rorists have been given positions in the Palestinian 

3 Authority security forces or other official Palestinian 

4 Authority agencies; and a number of schools, streets, 

5 and other public sites have been named in honor of 

6 terrorists who were involved in the murder of Ameri7 cans. 

8 (5) To remedy these and related problems, an of9 fice should be established within the Department of 

10 Justice for the purpose of ensuring equally vigorous 

11 efforts to capture all terrorists who have harmed 

12 American citizens overseas and equal treatment for 

13 all American victims of overseas terrorism. 

14 SEC. 503. ESTABLISHMENT OF AN OFFICE IN THE DEPART15 MENT OF JUSTICE TO UNDERTAKE SPECIFIC 

16 STEPS TO FACILITATE THE CAPTURE OF TER17 RORISTS WHO HAVE HARMED AMERICAN CITI18 ZENS OVERSEAS AND TO ENSURE THAT ALL 

19 AMERICAN VICTIMS OF OVERSEAS TER20 RORISM ARE TREATED EQUALLY. 

21 The President shall establish within the Department 

22 of Justice an office (hereinafter in this title the ‘‘Office’’) 

23 to carry out the following activities: 
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1 (1) The Office shall create the Bringing Terror2 ists to Justice program, and in so doing will ensure 

3 that—

4 (A) rewards are offered to capture all ter5 rorists involved in harming American citizens 

6 overseas, regardless of the terrorists’ country of 

7 origin or residence; 

8 (B) such rewards are prominently adver9 tised in the mass media and public sites in all 

10 countries or regions where such terrorists reside; 

11 (C) the names and photographs and sus12 pects in all such cases are included on a web 

13 site; and 

14 (D) the names of the specific organizations 

15 claiming responsibility for terrorist attacks men16 tioned on the site are included in the descrip17 tions of those attacks. 

18 (2) The Office shall establish and administer a 

19 program which will provide notification for American 

20 victims of overseas terrorism or their immediate fam21 ily to update them on the status of efforts to capture 

22 the terrorists who harmed them. 

23 (3) The Office shall work with the other United 

24 States government agencies to expand legal restric25 tions on the ability of murderers to reap profits from 
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1 books or movies concerning their crimes—the ‘‘Son of 

2 Sam’’ laws that currently exist in many States, so as 

3 to ensure that terrorists who harm American citizens 

4 overseas are unable to profit from book or movie sales 

5 in the United States. 

6 (4) The Office shall endeavor to determine if ter7 rorists who have harmed American citizens overseas 

8 are serving in their local police or security forces. 

9 Whenever it is found that terrorists who have harmed 

10 American citizens overseas are serving in their local 

11 police or security forces, the Office shall alert those 

12 United States Government agencies involved in pro13 viding assistance, directly or indirectly, to those 

14 forces, and shall request of those agencies that all such 

15 assistance be halted until the aforementioned terror16 ists are removed from their positions. 

17 (5) The Office shall undertake a comprehensive 

18 assessment of the pattern of United States indict19 ments and prosecution of terrorists who have harmed 

20 American citizens overseas, in order to determine the 

21 reasons for the absence of indictments of terrorists re22 siding in some regions, such as the territories con23 trolled by the Palestinian Authority. The Office’s as24 sessment shall then be provided to the Attorney Gen25 eral, together with its recommendations. 
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1 (6) The Office shall endeavor to monitor public 

2 actions by governments and regimes overseas per3 taining to terrorists who have harmed American citi4 zens, such as naming of schools, streets, or other pub5 lic institutions or sites after such terrorists. In such 

6 instances, the Office shall encourage other United 

7 States Government agencies to halt their provision of 

8 assistance, directly or indirectly, to those institutions. 

9 (7) In cases where terrorists who have harmed 

10 Americans overseas, and are subsequently released 

11 from incarceration abroad, are eligible for further 

12 prosecution in the United States, the Office shall co13 ordinate with other government agencies to seek the 

14 transfer of those terrorists to the United States for 

15 further prosecution. 

16 SEC. 504. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) IN GENERAL.—There are authorized to be appro18 priated for fiscal year 2003 and subsequent fiscal years such 

19 sums as may be necessary to carry out this title. 

20 (b) AVAILABILITY.—Amounts appropriated under sub21 section (a) are authorized to remain available until ex22 pended.
Union Calendar No. 246

108TH CONGRESS 

2D SESSION H. R. 3036

[Report No. 108–426] 

A BILL

To authorize appropriations for the Department of 

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

FEBRUARY 24, 2004

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed